Barlow_Office_Roof_Solicitation_v2.docx.pdf

The Ohio Department of Natural Resources, Division of Oil & Gas Resources Management is accepting bids to install a new standing seam metal roof at our Barlow Office in Vincent, OH (Washington County).

Title of Sourcing Event: ODNR - Barlow Office New Metal Roof

Work Location:

ODNR, Division of Forestry and Division of Oil & Gas 591 Warrior Road Vincent, Ohio 45784

Schedule:

All work shall be completed by December 1st, 2025.

Scope of Work:

Contractor shall provide all labor and materials to install a new standing seam metal roof at the ODNR Barlow Office located at 591 Warrior Road, Vincent, Ohio 45784. All materials shall be installed according to the manufacturer’s recommendations. Contractor’s scope of work includes:

1. Removing existing asphalt shingle roofing and existing gutters and downspouts

2. Replacing existing plywood sheathing

3. Installing new pipe boots and flashing for five (5) pipe penetrations

4. Installing new underlayment and metal roofing system

5. Installing new metal fascia cover on existing wood boards on eaves and rakes

6. Replacing existing soffit with metal soffit system

7. Installing new gutters with leaf guards and downspouts

All work shall be completed in accordance with the specifications contained herein to provide a complete metal roofing system. Building roof dimensions are 55’-4” x 30’-0” with a 3:12 roof slope.

There are five (5) pipe penetrations through the roof. The original building drawing sheets are provided to convey as-built information. Contractor shall legally dispose of all material removed from the project.

Contractor shall clean job site upon completion of work.

Bids shall be submitted on the bid schedule for the project. The allowance item is to address any unknown required wood replacement. Any work to be paid from the allowance item shall be approved by ODNR prior to the Contractor performing the work.

Prior to any work being performed onsite the Contractor must provide the submittals outlined in the specifications.

Attachments:

1. 07410 Metal Roofing and Siding

2. 07630 Gutters and Downspouts

3. As-build Drawings of Building

4. Bid Schedule

5. Personal Services Contract Example

Evaluation: The contract will be awarded to the lowest responsive and responsible bidder as determined by the State. All bids must be submitted through Ohio Buys on the excel spreadsheet. Bids received outside of Ohio Buys will not be considered.

Contract Award: The contract will be awarded to the lowest responsive and responsible bidder based on total bid amount.

Site Visit & Point of Contact:

Site visits may be conducted to view the exterior of building and roof. Site contact is Nathan Lane at

(740) 497-5545.

Point of contact for project specific questions:

Tara Lee at (614) 265-7042 or email tara.kinsey-lee@dnr.ohio.gov

Once a contract is awarded, failure of the bidder to have requested a site visit to become familiar with the facility and requirements of the bid will be insufficient reason to support any request to be released from the contract.

mailto:tara.kinsey-lee@dnr.ohio.gov

Barlow Forestry Office 07 41 13 - 1 Metal Roofing Roof Replacement

SECTION 07 41 13

METAL ROOFING

PART 1 - GENERAL

1.01 SECTION INCLUDES

A. Metal roofing, ridge vent, soffit, fascia, related flashings and accessory components necessary for attachment of the roofing system, all butyl tape and sealant use in conjunction with the roofing system, and necessary attachment hardware as required to meet the performance standards and complete the roofing enclosure as indicated by the Contract Documents.

1.02 REFERENCES

A. American Society for Testing and Materials (ASTM):

1. ASTM A792 - Specification for Steel Sheet, Aluminum-Zinc Alloy-Coated by the Hot- Dip Process.

2. ASTM E1592-95 - Standard Test Method for Structural Performance of Sheet Metal and Siding Systems by Uniform Static Air Pressure Difference.

B. American Iron and Steel Institute (AISI), Specification for the Design of Cold-Formed Steel

Structural Members (2008).

C. American Institute of Steel Construction (AISC) Manual of Steel Construction (Current Edition).

D. Sheet Metal and Air Conditioning Contractors National Association (SMACNA):

1. Architectural Sheet Metal Manual (2003 edition).

1.03 SYSTEM DESCRIPTION

A. Design Requirements:

1. Continuous, one-piece, preformed, prefinished single length roof panels.

2. Panels, clips, and other components required for specific project conditions.

3. Manufacturer is responsible for providing evidence acceptable to Architect that manufacturer's specified roof system is capable of meeting thermal, wind uplift, and performance requirements specified.

B. Thermal Movement:

1. Complete metal roofing and flashing system shall be capable of withstanding expansion and contraction of components caused by changes In temperature without buckling, producing excess stress on structure, anchors or fasteners, or reducing performance ability.

2. Interface between panel and expansion clip shall provide for applicable thermal movement in each direction along longitudinal direction.

C. Performance Requirements:

1. Underwriter's Laboratories, Inc. (UL) Wind Uplift Resistance Classification for Roof Assembly shall be Class 90, as installed, pursuant to Construction Number (selected from available assemblies in technical section of architectural binder) 431, 431A, 432, 433, 498, 498A, or 498B as defined by UL 580. Certified statements from manufacturer

Barlow Forestry Office 07 41 13 - 2 Metal Roofing without proper UL classification will not be acceptable.

2. Complete metal roof system shall have maximum static pressure air infiltration of 0.046 cfm / square foot with 1.57 psf air pressure differential when tested in accordance with ASTM E283-91 or 0.014 cfm / square foot with 1.57 psf air pressure differential when tested in accordance with ASTM E1680-95.

3. Complete metal roof system shall have no uncontrolled water penetration (dynamic water pressure), other than condensation, when exposed to dynamic rain at 6.24 psf differential static pressure when tested for not less than fifteen (15) minutes in duration in accordance with ASTM E331-93 or ASTM E1646-95.

4. Entire roofing system (metal panels, flashing, expansion joints, and penetrations), are to be detailed to provide watertight roof under peak weather conditions.

1.04 SUBMITTALS

A. Manufacturer's data sheets on each product to be used, including:

1. Preparation instructions and recommendations.

2. Storage and handling requirements and recommendations.

3. Installation methods.

B. Shop Drawings: Submit shop drawings showing layout, profiles, and product components, including anchorage, edge conditions, flashings, accessories, finish colors, and textures.

C. Selection Samples: For each finish product specified, one complete sets of color chips representing manufacturer's full range of available colors and patterns.

D. Manufacturer's Certificates: Certify products meet or exceed specified requirements.

E. Maintenance Data: For metal panels, including cleaning and care.

1.05 QUALITY ASSURANCE

A. Installer Qualifications: Metal panels shall be installed by an experienced installer who specializes in the installation of work similar to that required for this project. Applicator shall have at least three (3) years experience applying these types of materials with successful completion of projects with similar scope and is an approved installer with the material manufacturer.

B. Source Limitations: Components shall be provided by a single manufacturer.

1.06 DELIVERY, STORAGE, AND HANDLING

A. Store products in manufacturer's unopened packaging until ready for installation.

B. Store materials protected from exposure to harmful conditions. Store material in dry, above ground location.

1. Store materials to prevent twisting, bending, abrasion, scratching, and denting.

2. Prevent contact with material that may cause corrosion, discoloration, or staining.

C. Handle materials to prevent damage to surfaces, edges and ends of roofing components. Damaged material shall be rejected and removed from site.

D. Examine materials upon delivery to jobsite. Reject and remove physically damaged, stained or marred material from project site.

Barlow Forestry Office 07 41 13 - 3 Metal Roofing

G. Metal roof components with strippable film must not be stored with exposure to direct sunlight.

H. Stack material to prevent damage and allow for adequate ventilation and drainage.

1.07 PROJECT CONDITIONS

A. Proceed with metal panel installation when weather conditions are within limits recommended by manufacturer for optimum results. Do not install products under environmental conditions outside manufacturer's absolute limits.

B. Protection:

1. Provide protection or avoid traffic on completed roof surfaces.

2. Do not overload roof with stored materials.

3. Support no roof-mounted equipment directly on roofing system.

1.08 WARRANTY

A. Furnish manufacturer's Standard Twenty (20) Year Warranty stating the architectural fluorocarbon coating will:

1. Not crack, chip, peel or exhibit any other mechanical failure of paint to adhere to the substrate.

2. Not exhibit fading or color change in excess of five (5) hunter delta E units as determined by ASTM D2244-79.

3. Not chalk in excess of a numerical rating of eight (8) as determined by ASTM D4214-98.

PART 2 - PRODUCT

2.01 MANUFACTURERS

A. Dimensional Metals, Inc. (DMI)

B. Varco-Pruden Buildings, Inc. "Snap Seal"

C. Or ODNR approved equal.

2.02 SHEET MATERIALS

A. Prefinished base sheet material shall be 24 Gauge (.024") Galvalume Aluminum-Zinc Alloy Coated Steel Grade C meeting ASTM A792.

B. Finish shall be 70% Kynar 500 or Hylar 5000 Fluorocarbon coating, applied on a continuous coil coating line, with top side dry film thickness of I.I +/-.01 mil dry film thickness and on the reverse side a wash coat and primer of .04 +/- .01 mil total dry film thickness.

C. Finish color shall be selected by the Owner from the manufacturer's current standard color selection guide. Unless otherwise noted all products shall be of the same finish and color.

D. Strippable film shall be applied to the topside of the painted coil to protect the finish during fabrication, shipping and field handling. This strippable film must be removed during installation.

2.03 PREFORMED METAL ROOFING SYSTEM

Barlow Forestry Office 07 41 13 - 4 Metal Roofing

A. Preformed Metal Panels: SPAN-LOCK panels, 16-inch wide net coverage with 2-inch high major ribs formed at the panel side laps.

B. Standing seams shall incorporate a continuous engineered interlocking connection with concealed anchor clips that prevents the entrance of water passage.

C. Standing seams shall contain factory injected non-curing sealant that runs continuously throughout the panel length as job conditions dictate.

D. Panel clips shall be as recommended by the manufacturer to meet the performance criteria of this specification.

E. All exposed adjacent flashing shall be of the same material and finish as the roof panels.

F. Fasteners:

1. Exposed screw fasteners shall be 300 series alloy stainless steel with integrally bonded neoprene washers or Zinc Aluminum Cast head covers with integral neoprene gaskets.

2. Exposed pop rivets shall be stainless steel, rivet and mandrel, self plugging type #44 - 1/8" diameter 1/4" grip range minimum. Exposed pop rivets shall be painted to match the metal roof system.

3. Concealed fasteners for anchor clips shall be #10-13- 1” or #10-16– 1” long pancake head #2 Phillips drive screw as required to meet the performance criteria in this specification.

4. Concealed fasteners for flashing attachment shall be #10-13- 1” or #10-16-1 1” long truss head #2 Phillips drive screw as required to meet the performance criteria in this specification.

5. There shall be no exposed fasteners except to fasten flashing, at fixing points, or for panel attachment as dictated by warranty requirements for longitudinal thermal expansion and contraction, or as indicated on the shop drawings.

G. Closures:

1. Hip and ridge closures shall be factory fabricated from similar material to the roof panels.

Hip and ridge closures shall be field cut to fit properly between the panel seams.

H. Sealant:

1. Factory-applied seam sealant shall be non-curing butyl designed for metal to metal connection in concealed joints, if specified.

2. Field applied sealant and/or butyl tape shall be as recommended by the manufacturer of the metal roof system.

2.04 FABRICATION

A. Panels shall be fabricated in permanent fabrication facilities in continuous lengths as required. No horizontal end lap joints will be accepted, unless panels exceed 90' in length or jobsite conditions dictate.

B. Panel design shall incorporate concealed clips and fasteners. Exposed fasteners in roofing panels will not be accepted.

C. Standing seam design shall prevent water infiltration by utilizing a capillary break to prevent siphoning.

Barlow Forestry Office 07 41 13 - 5 Metal Roofing

D. Fabricate roofing and related sheet metal work in accordance with approved shop drawings and applicable standards set forth in the Sheet Metal and Air Conditioning Contractors National Association - Architectural Sheet Metal Manual (2003 edition).

E. All roofing and sheet metal flashing shall be fabricated in minimum 10'-0" lengths except as noted otherwise. All flashing shall have a minimum 3/4" hemmed edges in exposed locations. Provide field fabricated miters for components that change direction on the project.

2.05 UNDERLAYMENT

A. Under all metal roofing panels, install one layer of polypropylene two-side coated fabric as manufactured by Dynaclad, Inc. or ODNR approved equal. Install sheets of fabric horizontally with the butt edge of the upper sheet overlapping the head of the lower sheet by 6-inches minimum.

PART 3 - EXECUTION

3.01 EXAMINATION

A. Examine alignment and placement of building roof structure before proceeding with installation of preformed metal roofing.

B. Examine metal roof deck before starting installation. Deck must be clear, clean and smooth, free of depressions, waves, or projections, dry and must remain dry and free of ice and snow, after roofing application commences. Deck flutes must be clean and dry.

C. Field check dimensions and check support alignment with taut string or wire. Support misalignment may cause additional stresses in the panels and contribute to oil canning.

D. Do not proceed with installation until conditions are satisfactory. Notify the Owner in writing of unsatisfactory conditions.

E. Do not begin installation until substrates have been properly prepared.

3.02 INSTALLATION

A. Install in accordance with manufacturer's instructions.

B. Install underlayment between plywood and panels in accordance with underlayment manufacturer's instructions.

C. Preformed Metal Panels:

1. Fasten anchor clips with fasteners as recommended by the manufacturer as required to meet the performance criteria specified.

2. Install starter and edge trim before installing roof panels.

3. Remove strippable plastic film prior to installation of roof panels.

4. Erect metal roofing with lines, planes, rises and angles sharp and true, and plane surfaces free from objectionable warp, dents, buckle or other physical defects.

5. Do not allow traffic on completed roof.

6. Protect installed roof panels and trim from damage caused by adjacent construction until completion of installation.

7. Remove and replace any panels or flashing components that are damaged beyond successful repair.

Barlow Forestry Office 07 41 13 - 6 Metal Roofing

D. Flashing:

1. Comply with SMACNA "Architectural Sheet Metal Manual" recommendations for installation work where the manufacturer's approved shop drawings do not define a specific detail.

2. Conceal fasteners and expansion provisions wherever possible.

3. Hem all exposed edges of sheet metal flashing that are exposed with at least 3/4‖ fold under.

4. Insert metal flashing into reglets, anchor with wedges and seal all joints.

5. Set sheet metal items level, true to line and plumb.

6. Secure all metal flashing to wood nailers with screws as indicated on the approved shop drawings.

7. Use cleats to keep flashing end laps closed when face width exceeds eight (8) inches

3.03 FIELD QUALITY CONTROL

A. TOLERANCES

1. Applicable erection tolerances: Maximum variation from true planes or lies shall be 1/4" in 20'-0" or 3/8" in 40'-0".

2. Metal roof systems can not correct any previously installed support or wood nailer problems that do not meet the above tolerances.

3.04 CLEANING

A. Clean exposed surfaces of work promptly after completion of installation. To prevent rust from staining the painted finish, immediately remove filings produced by drilling or cutting.

B. Clean metal panels in accordance with metal panel manufacturer's written instructions.

C. Touch up minor abrasions and scratches in finish with manufacturer’s supplied Kynar® touch up paint.

D. Remove all scrap and construction debris from the project site and dispose.

3.05 PROTECTION

A. Protect installed products until completion of project.

B. Touch-up, repair, or replace damaged products before Substantial Completion.

END OF SECTION

Barlow Forestry Office 07 71 23 - 1 Gutters and Downspouts

SECTION 07 71 23

GUTTERS AND DOWNSPOUTS

PART 1 - GENERAL

1.01 SECTION INCLUDES

A. This section includes all equipment, materials, accessories and labor required to assemble, install, test and place into satisfactory service the gutters, downspouts and precast concrete splash pads as specified herein and shown on the Drawings.

1.02 REFERENCES

A. Sheet Metal and Air Conditioning Contractor's National Association (SMACNA):

1. Architectural Sheet Metal Manual (2003 edition).

1.03 QUALITY ASSURANCE

A. The Contractor shall be responsible for ensuring that all equipment installed is properly connected to other related equipment for proper functioning of the gutter and downspout system.

B. Manufacturer's Qualifications

1. The Manufacturer of work of this section shall have two (2) years minimum proven experience in such work and shall have satisfactorily completed three (3) jobs of similar size and type within the last two (2) years.

1.04 SUBMITTALS

A. Manufacturer's data sheets on each product to be used, including:

1. Preparation instructions and recommendations.

2. Storage and handling requirements and recommendations.

3. Installation methods.

B. Shop Drawings: Submit shop drawings showing layout, profiles, and product components, including anchorage, edge conditions, flashings, accessories, finish colors, and textures.

C. Selection Samples: For each finish product specified, two complete sets of color chips representing manufacturer's full range of available colors and patterns.

D. Verification Samples: For each finish product specified, two samples, minimum size 6 inches

(150 mm) square, representing actual product, color, and patterns.

E. Manufacturer's Certificates: Certify products meet or exceed specified requirements.

1.05 DELIVERY, STORAGE, AND HANDLING

A. Store products in manufacturer's unopened packaging until ready for installation.

B. Store materials protected from exposure to harmful conditions. Store material in dry, above ground location.

1. Store materials to prevent twisting, bending, abrasion, scratching, and denting.

Barlow Forestry Office 07 71 23 - 2 Gutters and Downspouts

2. Prevent contact with material that may cause corrosion, discoloration, or staining.

1.06 WARRANTY

A. Manufacturer's Warranty: Provide manufacturer's standard warranty document executed by authorized company official covering performance and finish, including color, fading, and chalking.

1. Warranty Period: 15 years from date of Substantial Completion.

PART 2 - PRODUCTS

2.01 MANUFACTURERS

A. Dimension Metals, Inc. (DMI)

B. Southern Aluminum Finishing Company, Inc.

C. Or ODNR approved equal.

2.02 MATERIALS

A. Aluminum Sheet:

1. Gutters: Fabricate from minimum 0.040” thick aluminum or 24 ga. Galvalume.

2. Downspouts: Fabricate from minimum 0.040” thick aluminum.

2.03 SYSTEM COMPONENTS

A. Gutters:

1. Product/Manufacturer:

a. Dynaclad Continuous Gutter Style CG 70 as manufactured by Dimension Metals, Inc.

b. Perimeter Systems Division Industrial Series Style G2-R6 as manufactured by Southern Aluminum Finishing Company, Inc.

c. Or as approved.

2. Fabricate gutters in minimum 10'-0" lengths, tapered and notched to provide a 1-inch telescoping lap joint. Factory punched with fastening holes elongated to allow for thermal movement.

3. Support brackets shall be manufactured from 0.125” x 1.00” aluminum, heliarc welded construction, factory punched for fasteners and installed at 30” centers.

4. Interior straps shall be manufactured from 0.125” x 1.00” aluminum and installed at 30” centers.

4. Batten Profile, Snap-On fascia, shall be manufactured from 0.040” aluminum, 10’-0” lengths. Fascias shall be press formed with radius dies on a CNC Press to provide repeated true and accurate profiles.

5. The gutter system shall incorporate elastomeric expansion joints to accommodate thermal movement without restricting water flow. Locate expansion joints as recommended by the gutter manufacturer.

B. Downspouts:

Barlow Forestry Office 07 71 23 - 3 Gutters and Downspouts

1. Product/Manufacturer:

a. Dynaclad Box Downspout 3”x4” as manufactured by Dimension Metals, Inc.

b. Perimeter Systems Division 3”x4” Box as manufactured by Southern Aluminum

Finishing Company, Inc.

c. Or as approved.

2. Fabricate downspouts in minimum 10'-0" lengths, factory offset on one end to provide for a 1-inch telescope joint. Downspout shall have a factory mounted back, which is not sealed to allow seepage of water in overflow condition. Elbows for downspouts shall be of welded construction.

3. Outlets: At all downspout locations provide aluminum outlets to connect liner to downspout.

C. Finish:

1. Finish gutters, downspouts, support brackets and other aluminum components with a high performance organic spray coating meeting AAMA 605.2-90 requirements.

a. Multi-coat thermo-cured 70 percent polyvinyldene fluoride (PVDF).

2. Color: As selected by Owner from manufacturer's standard colors.

D. Accessories:

1. Sculptured End Caps: Provide factory mitered end caps for fascias. Fascia profiles shall be precision saw cut, heliarc tack welded to produce a picture frame joint.

2 Liner End Caps: Provide mill finished aluminum liner end caps at all Fascia End Caps and wall abutments.

3. Liner Expansion Joint: Provide manufacturer's elastomeric expansion joints at 40' intervals or as shown on shop drawings.

4. Anchorage Devices: Type recommended by fabricator.

2. Gutter Supports: Brackets of compatible metal in color and finish to match gutter. No gutter nails allowed.

3. Downspout Supports: Brackets of compatible metal in color and finish to match downspout.

4. Fasteners: Aluminum or stainless steel with soft neoprene washers. Finish exposed fasteners same as flashing metal. Use fasteners appropriate for applicable substrate.

5. Protective Back Coating: Bituminous coating.

6. Sealant: Shall be polyurethane or silicon based water-proofing type, compatible with aluminum gutter, downspout, and abutting dissimilar materials for intended application.

7. Leaf Guard: Shall be aluminum mesh screen as recommended by gutter manufacturer.

E. Splash Pads:

1. Precast concrete type, at locations indicated, sloped to drain away from structure;

minimum 3,000 psi at 28 days, with minimum 5 percent air entrainment.

2.04 FABRICATION

A. Fabricate with required connection pieces.

B. Form sections square, true and accurate in size, in maximum possible lengths, free of distortion or defects detrimental to appearance of performance.

C. Hem exposed edges of metal.

D. Fabricate gutter and downspout accessories.

Barlow Forestry Office 07 71 23 - 4 Gutters and Downspouts

PART 3 - EXECUTION

3.01 EXAMINATION

A. The installer must examine substrates and conditions under which commercial gutter system will be installed. All wood plates and/or fascia boards shall be installed true, straight, and free of splits, cracks, or other irregularities. Do not proceed with installation until unsatisfactory conditions are corrected

3.02 PREPARATION

A. Prior to the installation of the commercial gutter system, soffits, extenders and associated cornice profiles shall be installed.

B. Installer shall thoroughly read and follow manufacturer's installation instructions before proceeding with installation.

3.03 INSTALLATION

A. Install gutters, downspouts and accessories in accordance with manufacturer's instructions and as required to ensure positive drainage to downspouts. Where manufacturer's instructions are not provided, comply with SMACNA requirements and recommendations.

B. Join lengths with seams watertight. Flash and seal gutters to downspouts and accessories.

C. Support Brackets: Layout support brackets to provide 1/2" slope in 40 linear feet. Install support brackets with #10 x 2" stainless steel wood screws.

D. Install interior straps at 30-inches on center alternating with support brackets.

E. Provide and cap end termination.

F. Seal rivets and joints with high grade exterior sealant as recommend by gutter manufacturer.

G. Slope gutters with a maximum of 1/2-inch slope per 40 feet.

H. Connect downspouts into storm sewer or onto splash pads as indicated.

END OF SECTION

INSTRUCTIONS:

ITEM DESCRIPTION LABOR MATERIAL QUANTITY ITEM

UNIT TOTAL

1. $ 2,000

2. $ $ $ 0

3. $ $ $ 0

Addendum Number: Initial: Addendum Number: Initial:

Bid Submitted By

Company Name:

Company Address:

Company Contact:

Contact Phone Number:

Contact Email Addres:

TOTAL BID INDIVIDUAL CONTRACT I - GENERAL……………………….. $

*********PLEASE INITIAL AND ACKNOWLEDGE RECEIPT OF ADDENDA*********

Lump Sum Gutters & Downspouts, Complete

INDIVIDUAL CONTRACT I - GENERAL BASE BID

ALLOWANCE

Unforeseen Wood Replacement Allowance

LUMP SUM

Lump Sum Metal Roofing System, Complete

ODNR BARLOW OFFICE

ROOF REPLACEMENT

WASHINGTON COUNTY, OHIO

BID SCHEDULE

Complete the bid schedule completely. Bidders shall complete labor, material, and item total prices for all items in the bid schedule. For lump sum items, the item total shall be the sum of the total labor and total material prices for that item. For unit price items, the item total shall be the sum of the labor and material unit prices multiplied by the item quantity.

Page 1 of 19 ODNR Legal Form Rev. Apr. 11, 2023

ODNR SERVICES AGREEMENT

This Agreement (“Agreement”) is between the OHIO DEPARTMENT OF NATURAL RESOURCES, acting through its NAME OF DIVISION/OFFICE (“ODNR”), with offices located at 2045 Morse Road, Columbus, Ohio 43229, and NAME OF CONTRACTOR (“Contractor”) with offices located at Street Address, City, State ZIP.

The parties agree as follows:

I. NATURE OF AGREEMENT

A. Contractor shall be engaged as an independent contractor to fulfill the terms of this Agreement and to act as a contractor to ODNR. It is specifically understood that the nature of the services to be rendered under this Agreement are of such a nature that ODNR shall be the sole judge of the adequacy of such services.

B. ODNR enters into this Agreement in reliance upon Contractor’s representations that it has the necessary expertise and experience to perform its obligations hereunder, and Contractor warrants that it does possess the necessary expertise and experience.

C. Contractor shall perform the services to be rendered under this Agreement and ODNR shall not hire, supervise, or pay any assistants to Contractor in its performance of services under this Agreement. ODNR shall not be required to provide any training to Contractor to enable it to perform services required hereunder.

II. NOTICES

A. Except to the extent expressly provided otherwise herein, all notices, consents, and communications required hereunder (each, a “Notice”) shall be in writing and shall be deemed to have been properly given when: 1) hand delivered with delivery acknowledged in writing; 2) sent by U.S. Certified mail, return receipt requested, postage prepaid; 3) sent by overnight delivery service (Fed Ex, UPS, etc.) with receipt;

or 4) sent by email. Notices shall be deemed given upon receipt thereof, and shall be sent to the addresses set forth below. Notwithstanding the foregoing, notices sent by email shall be effectively given only upon acknowledgement of receipt by the receiving party. Any party may change its address for receipt of Notices upon notice to the other party. If delivery cannot be made at any address designated for Notices, a Notice shall be deemed given on the date on which delivery at such address is attempted.

Contractor Contact:

Name Title Organization Address City State ZIP Phone # Email

ODNR Contact:

Name Title ODNR Division/Office Name Address City State ZIP Phone # Email

Example

Services Agreement between ODNR and Contractor Name

Legal Contract ID #

Page 2 of 19 ODNR Legal Form Rev. Apr.11, 2023

III. SCOPE OF WORK

A. Contractor shall perform the services (the “Work”) set forth in the attached Exhibit 1, Scope of Work, which is incorporated as part of this Agreement.

B. In order to facilitate the Work, ODNR shall provide the resources set forth in Exhibit 1, Scope of Work.

IV. TIME OF PERFORMANCE

A. The Work shall be commenced on or after the date of an approved purchase order.

B. The Work shall be concluded on or before Performance End Date. As the current General Assembly cannot commit a future General Assembly to expenditures, this Agreement shall terminate no later than End Date of Current Biennium.

C. Upon mutual, written consent prior to the termination date, and subject to appropriation, the parties may renew this Agreement on the same terms and conditions.

D. It is expressly agreed by the parties that none of the rights, duties, and obligations herein shall be binding on either party if award of this Agreement would be contrary to the terms of Ohio Revised Code (“R.C.”) Sections 3517.13, 127.16, or R.C. Chapter 102.

V. COMPENSATION

A. ODNR shall pay Contractor no more than $###,###,###.## for the Work.

B. The total amount due and its manner and schedule of payment shall be computed according to the cost schedule established in Exhibit 1, Scope of Work.

C. Contractor shall not be reimbursed for travel-related expenses incurred in the performance of the Work.

D. Contractor must receive a purchase order from ODNR prior to filling an order or performing any of the Work.

E. After Contractor receives a purchase order, Contractor shall submit an Insert Invoice Frequency (quarterly, monthly, etc.) invoice for the Work performed consistent with this Article V, Compensation. Each invoice shall contain an itemization of the Work performed, including dates the Work was performed and total hours worked, if required by Paragraph B, above, the location or address where the Work was performed, and the sum due at that time pursuant to this Agreement. All invoices shall contain Contractor's name and address and purchase order number. Invoices are to be sent to Ohio Shared Services via email to invoices@ohio.gov, by fax to 614-485-1039, or by mail to P. O. Box 182880, Columbus, Ohio 43218-2880.

After receipt and approval by ODNR of an invoice, as defined in R.C. § 125.01(B), payment will be made pursuant to R.C. § 126.30. Defective or improper invoices may be returned unprocessed, delaying payment.

mailto:invoices@ohio.gov

Page 3 of 19 ODNR Legal Form

F. In the event that any customer of Contractor negotiates a lower fee structure for the Work or comparable services Contractor shall promptly notify ODNR and shall extend the lower negotiated rate to ODNR retroactively to the first date the lower rate was offered to another customer.

VI. CERTIFICATION OF FUNDS / NON-APPROPRIATION

A. It is expressly understood and agreed by the parties that none of the rights, duties, and obligations described in this Agreement shall be binding on either party until all relevant statutory provisions of the Ohio Revised Code, including, but not limited to, R.C. § 126.07, have been met, and until such time as all necessary funds are available or encumbered and, when required, such expenditure of funds is approved by the Controlling Board of the State of Ohio, or in the event that grant funds are used, until such time that ODNR gives Contractor written notice that such funds have been made available to ODNR by ODNR’s funding source.

VII. TERMINATION OF CONTRACTOR’S SERVICES

A. ODNR may, at any time prior to completion of the Work, suspend or terminate this Agreement with or without cause by giving written notice to Contractor.

B. If the Work includes divisible services, ODNR may, at any time prior to completion of the Work, by giving written notice to Contractor, suspend or terminate any one or more such portions of the Work.

C. Contractor, upon receipt of notice of suspension or termination, shall cease work on the suspended or terminated activities under this Agreement, suspend or terminate all subcontracts relating to the suspended or terminated activities, take all necessary or appropriate steps to limit disbursements and minimize costs, and, if requested by ODNR, furnish a report, as of the date Contractor receives notice of suspension or termination, describing the status of all Work, including, without limitation, results, conclusions resulting therefrom, and any other matters ODNR requires.

D. If this Agreement is terminated without cause, Contractor shall be paid for services rendered up to the date Contractor receives notice of suspension or termination, less any payments previously made, provided Contractor has supported such payments with detailed factual data containing Work performed and hours worked. In the event of suspension or termination, any payments made by ODNR for which Contractor has not rendered services shall be refunded.

E. If this Agreement is terminated for cause as the result of the Contractor committing a material breach of the Agreement, the Contractor shall not be entitled to further payment. If the unpaid balance of the amount identified in paragraph V.A. above is exceeded by the costs of finishing the Work and other damages incurred by ODNR and not expressly waived, the Contractor shall immediately pay the amount of the insufficiency to ODNR. This obligation for payment shall survive termination of this Agreement.

F. If this Agreement is terminated prior to completion of the Work, Contractor shall deliver to ODNR all work products and documents which have been prepared by Contractor in the course of performing the Work.

All such materials shall become and remain the property of ODNR, to be used in such manner and for such purpose as ODNR may choose.

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G. Contractor agrees to waive any right to, and shall make no claim for, additional compensation against ODNR by reason of any suspension or termination.

H. Contractor may terminate this Agreement upon ninety (90) days’ prior written notice to ODNR.

VIII. RELATIONSHIP OF PARTIES

A. Contractor shall be responsible for all of its own business expenses, including, but not limited to, computers, email and internet access, software, phone service, and office space. Contractor will also be responsible for all licenses, permits, employees’ wages and salaries, insurance of every type and description, and all business and personal taxes, including income and Social Security taxes and contributions for Workers’ Compensation and Unemployment Compensation coverage, if any, unless payment for any such item is specifically provided for herein or in the purchase order.

B. While Contractor shall be required to render services described hereunder for ODNR during the term of this Agreement, nothing herein shall be construed to imply, by reason of Contractor’s engagement hereunder as an independent contractor, that ODNR shall have, or may exercise, any right of control over Contractor with regard to the manner or method of Contractor’s performance of services hereunder.

C. Except as expressly provided herein, neither party shall have the right to bind or obligate the other party in any manner without the other party’s prior written consent.

D. It is fully understood and agreed that Contractor is an independent contractor and neither Contractor nor its personnel shall at any time, or for any purpose, be considered as agents, servants, or employees of ODNR or the State of Ohio.

E. For any employees or subcontractors working onsite at any ODNR location, Contractor understands that these employees or subcontractors are subject to a background check conducted by ODNR. Such a background check may include criminal records, tax records, driving records, and verification of academic credentials or degrees. ODNR may also conduct drug testing, field investigation, and polygraph examinations of certain employees of the Contractor or its subcontractors, if ODNR believes such action is necessary. ODNR reserves the right to refuse access to the job site at any time if ODNR determines in its discretion that Contractor’s employee or subcontractor presents a potential security threat or if there is a change in the results of the background check at any time during the completion of the Work.

IX. RECORD KEEPING

A. During performance of this Agreement and for a period of three (3) years after its completion, Contractor shall maintain auditable records of all charges pertaining to this Agreement and shall make such records available to ODNR as ODNR may reasonably require.

B. Contractor shall, for the purpose of compliance with R.C. § 145.036, provide ODNR with a list of all individuals who will provide services under this Agreement, but only if Contractor has no more than four employees.

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X. RELATED AGREEMENTS

A. All Work is to be performed by Contractor, who may subcontract without ODNR’s approval for the purchase of articles, supplies, components, or special mechanical services that do not involve the type of work or services described in Exhibit 1, Scope of Work, but which are required for satisfactory completion of the Work.

1. Contractor shall not enter into subcontracts related to the Work without prior written approval by ODNR. All subcontracted work shall be at Contractor’s expense.

2. Contractor shall furnish to ODNR a list of all subcontractors, their addresses, tax identification numbers, and the dollar amount of each subcontract.

B. Contractor shall bind its subcontractors to the terms of this Agreement, so far as applicable to the work of the subcontractor, and shall not agree to any provision which seeks to bind ODNR to terms inconsistent with, or at variance from, this Agreement.

C. Contractor warrants that it has not entered into, nor shall it enter into, other agreements, without prior written approval of ODNR, to perform substantially identical work for the State of Ohio such that the Work duplicates the work called for by the other agreements.

XI. RIGHTS IN DATA AND COPYRIGHTS / PUBLIC USE

A. ODNR shall have unrestricted authority to reproduce, distribute, and use (in whole or in part) any reports, data, or materials prepared by Contractor pursuant to this Agreement. No such documents or other materials produced (in whole or in part) with funds provided to Contractor by ODNR shall be subject to copyright by Contractor in the United States or any other country. If Contractor has reason to believe that use of a specified item is subject to patent or copyright protection, Contractor shall immediately notify

ODNR.

B. Contractor agrees that all original works created under this Agreement shall be made freely available to the general public to the extent permitted or required by law until and unless specified otherwise by ODNR. Any request for distribution received by Contractor shall be promptly referred to ODNR.

XII. CONFIDENTIALITY

A. Contractor shall not discuss or disclose any Confidential Information, defined in Exhibit 2, obtained pursuant to its obligations under this Agreement without the prior written consent of ODNR.

B. Contractor acknowledges that this Agreement is subject to the requirements, conditions, and restrictions set forth in IRS Publication 1075 (the “Publication”). The IRS may from time-to-time revise, amend, or replace the Publication, which is available online at: (http://www.irs.gov/pub/irs-pdf/p1075.pdf). The terms set forth in the attached Exhibit 3 are fully incorporated as part of this Agreement.

C. The Contractor agrees not to use advertising, news releases, sales promotions, or other publicity matters relating to any product or service furnished by the Contractor wherein ODNR’s name is mentioned, or

Page 6 of 19 ODNR Legal Form language used from which a connection with ODNR may be reasonably inferred, without the prior written consent of ODNR.

D. Any obligations under this Agreement regarding confidentiality are subject to applicable law, including the Ohio Public Records Act set forth in R.C. Chapter 149. The disclosure of records by ODNR pursuant to the Ohio Public Records Act shall not be a breach of this Agreement and shall not constitute a waiver of Contractor’s obligations under this Article XII as to any records disclosed pursuant to a request for public records. Contractor shall clearly identify any information or data that it deems Confidential or Proprietary.

If ODNR receives a public records request for records that contain Confidential or Proprietary information, ODNR shall provide notice to Contractor, and Contractor shall provide ODNR with redacted copies of any such records, redacting only those specific portions of any record that are Confidential or Proprietary.

Contractor may, at its sole discretion and expense, seek a judicial order preventing disclosure of such information.

XIII. WARRANTY

A. Contractor warrants and represents that each of its employees, subcontractors, and agents assigned to perform any services under the terms of this Agreement shall have the skills, training, and background reasonably commensurate with their level of performance or responsibility, so as to be able to perform in a competent and professional manner consistent with the degree of quality, skill, and care ordinarily exercised by members of the same profession practicing under similar circumstances and providing services of a similar nature. Contractor further warrants that the services provided hereunder will conform to the requirements of this Agreement. All warranties, including any special warranties specified elsewhere herein, shall inure to the State of Ohio through the Ohio Department of Natural Resources.

XIV. LIABILITY

A. Contractor agrees to indemnify and hold ODNR and the State of Ohio harmless and immune from any and all claims for injury or damages arising from this Agreement which are attributable to Contractor’s own actions or omissions or those of its trustees, directors, officers, employees, subcontractors, suppliers, agents, partners, and joint venturers while acting under this Agreement. Such claims shall include any claims made under the Fair Labor Standards Act or under any other federal or state law involving wages, overtime or employment matters, and any claims involving patents, copyrights, and trademarks.

B. Contractor shall bear all costs associated with defending ODNR and the State of Ohio against any claims.

C. In no event shall either party be liable to the other party for special damages, which include lost profits.

D. Contractor must maintain the insurances identified below and is responsible for all deductibles. All required insurance must: (a) protect the State from claims that may arise out of, are alleged to arise out of, or result from Contractor’s or its subcontractor’s performance; (b) be primary and non-contributing to any comparable liability insurance (including self-insurance) carried out by the State; (c) be provided by a company with an A.M. Best rating of “A” or better, and a financial size of VII or better; and (d) be endorsed to provide ODNR with a 30-day prior written notice of cancellation or material change to the policy.

INSURANCE REQUIREMENTS

Commercial General Liability Insurance

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Required Limits Additional Requirements Minimum Limits:

$1,000,000 Each Occurrence $2,000,000 Aggregate $2,000,000 Products/Completed Operations $100,000 Fire Legal Liability $10,000 Medical Payments $1,200,000 General Aggregate

Policy must cover bodily injury, personal injury, wrongful death, and property damage. Defense cost shall be outside of the policy limits. Policy shall designate “the State of Ohio, its departments, divisions, agencies, offices, commissions, officers, employees, and agents” as additional insureds. Policy shall be endorsed to include a blanket waiver of subrogation.

Commercial Automobile Liability Insurance Minimum Limits:

Combined single limit of $1,000,000

Workers’ Compensation Insurance

Coverage according to applicable laws governing work activities

Employer’s Liability Insurance

$1,000,000 Accident Limit Each Occurrence $1,000,000 Disease Limit Each Employee $1,000,000 Disease Policy Limit

Cyber Liability Insurance

$2,000,000 Per Claim $2,000,000 Aggregate

1. Where applicable, professional liability insurance covering all staff with a minimum limit of $1,000,000 per occurrence and $2,000,000 aggregate. If the Contractor’s policy is written on a “claims made” basis, the Contractor shall provide ODNR with proof of continuous coverage at the time the policy is renewed. If for any reason the policy expires, or coverage is terminated, the Contractor must purchase and maintain “tail” coverage through the applicable statute of limitations.

2. Where applicable, builder’s risk insurance covering the Work with a minimum limit equal to the compensation for the Work as set forth in Article IV.

3. Certificates for Workers’ Compensation and proof of insurance must be provided to ODNR. The certificate(s) must be in a form that is reasonably satisfactory to ODNR as to the contents of the policies and the quality of the insurance carriers. If Contractor is a sole proprietor, partnership, or has no statutory requirement for workers’ compensation, Contractor must provide a letter stating

Page 8 of 19 ODNR Legal Form that it is exempt and agreeing to hold ODNR and the State of Ohio harmless from loss or liability for such.

E. Contractor shall pay all deductibles, or self-insured retentions, or both, contained in the Contractor’s policies of insurance required or provided in connection with the Agreement. ODNR reserves the right to approve or reject all levels of self-insured retention, captive insurance programs, or other alternative risk financing the Contractor may use to comply with any insurance requirement.

F. Contractor may use Umbrella or excess commercial liability policies in combination with primary policies to satisfy the limit requirements above. Such umbrella or excess commercial liability policies must 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.

G. Contractor must provide ODNR with written notice of cancellation or material change to any insurance policy required above as soon as possible and must use best efforts to notify ODNR at least 30 days in advance of such cancellation or material change, 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 ODNR’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.

H. 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 ODNR. No representation is made that the minimum insurance requirements of this Agreement are sufficient to cover the obligations of the Contractor under this Agreement.

I. Pursuant to R.C. § 2743.02(D), all applicable insurance or other means of recovery shall apply to any claim arising from the Contractor’s activities relating to this Contract on a primary basis. The insurance or self-insurance maintained by ODNR shall not contribute to claims made due to the Contractor’s negligence, errors, or omissions. No subrogation demands shall be made against ODNR, except where there is negligence on the part of ODNR, and any such demands shall be reduced by all collateral recovery sources available to or received by the claimant.

J. To the fullest extent permitted by applicable law, Contractor waives all rights against ONDR and its agents and employees for damages to the extent covered by any insurance, except rights to the proceeds of that insurance. All policies shall accomplish the waiver of subrogation by endorsement or otherwise.

K. Contractor hereby grants to ODNR a waiver of any right to subrogation which any insurer of said

Contractor may acquire against ODNR 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 ODNR has received a waiver of subrogation endorsement from the insurer.

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XV. ANTITRUST ASSIGNMENT

A. Contractor assigns to ODNR all state and federal antitrust claims and causes of action that relate to all goods and services provided for in this Agreement.

XVI. CONTRACTOR’S STATUTORY OBLIGATIONS

A. PREVAILING WAGES. Contractor shall comply with the prevailing wage requirements described under R.C.

Chapter 4115 that include, without limitation, the requirements described under this section. If the Work is subject to payment of prevailing wage rates, the Contractor shall:

1. Pay to laborers and mechanics performing the Work the prevailing wage rates of the Project locality, as determined by the Ohio Department of Commerce, Wage and Hour Bureau;

2. Post in a prominent place readily accessible by all workers on the site, a legible listing of the current classifications of laborers, workers, and mechanics employed under this Agreement;

3. Ensure that the rates posted are current and…