2026-3_WRTA-Roof_Replacement_PROJECT_MANUAL.pdf

PROJECT MANUAL

WRTA – ROOF REPLACEMENT

730 Mahoning Avenue, Youngstown, Ohio 44502

Invitation to Bid (ITB) #2026-3

Western Reserve Transit Authority 604 Mahoning Avenue, Youngstown, Ohio 44502

Issued May 20, 2026

Architect Project No. 24-068

Bid Set No.______

Division 00 - Procurement and Contracting Documents Document 00 01 00 ITB 2026-3 WRTA – Roof Replacement TABLE OF CONTENTS

TABLE OF CONTENTS 00 01 00 - 1

DOCUMENT 00 01 00 – TABLE OF CONTENTS

PROCUREMENT AND CONTRACTING REQUIREMENTS GROUP

Division 00 – Procurement and Contracting Requirements

Procurement requirements by Owner under separate cover.

00 01 00 ........... Table of Contents 00 31 26 ........... Asbestos Material Survey 00 31 32 ........... Roof Condition Report 00 43 13 ........... Bid Bond 00 70 00 ........... General and Supplementary Conditions, including sample Agreements

SPECIFICATIONS GROUP

GENERAL REQUIREMENTS SUBGROUP

Division 01 – General Requirements

01 10 00 ........... Summary 01 21 00 ........... Allowances 01 22 00 ........... Unit Prices 01 23 00 ........... Alternates 01 25 00 ........... Substitution Procedures 01 25 00.50 ...... Substitution Request Form 01 26 00 ........... Contract Modification Procedures 01 29 00 ........... Payment Procedures 01 31 00 ........... Project Management and Coordination 01 32 00 ........... Construction Progress Documentation 01 33 00 ........... Submittal Procedures 01 40 00 ........... Quality Requirements 01 42 00 ........... References 01 50 00 ........... Temporary Facilities and Controls 01 60 00 ........... Product Requirements 01 73 00 ........... Execution 01 74 19 ........... Construction Waste Management and Disposal 01 77 00 ........... Closeout Procedures 01 78 23 ........... Operation and Maintenance Data 01 78 39 ........... Project Record Documents 01 79 00 ........... Demonstration and Training

FACILITY CONSTRUCTION SUBGROUP

Division 02 – Existing Conditions

02 41 00 ........... Demolition 02 82 00 ........... Asbestos Remediation

Division 05 – Metals

05 30 00 ........... Metal Decking

Division 00 - Procurement and Contracting Documents Document 00 01 00 ITB 2026-3 WRTA – Roof Replacement TABLE OF CONTENTS

TABLE OF CONTENTS 00 01 00 - 2

Division 06 – Wood, Plastics, and Composites

06 10 00 ........... Rough Carpentry 06 16 00 ........... Sheathing 06 17 00 ........... Shop-Fabricated Structural Wood

Division 07 – Thermal and Moisture Protection

07 01 50 ........... Roof Removal and Deck Repairs 07 02 00 ........... Asbestos Containing Roof Material 07 22 00 ........... Roof and Deck Insulation 07 53 00 ........... Elastomeric Membrane Roofing (EPDM) 07 60 00 ........... Flashing and Sheet Metal 07 70 00 ........... Roof and Wall Specialties 07 92 00 ........... Joint Sealants

FACILITY SERVICES SUBGROUP

Division 22 – Plumbing

22 05 00 ........... Plumbing Piping 22 05 29 ........... Hangers and Supports for Piping 22 05 53 ........... Identification for Piping and Equipment 22 07 00 ........... Plumbing Insulation 22 13 19 ........... Plumbing Specialties

END OF DOCUMENT 00 01 00

ASBESTOS MATERIAL SURVEY

Roofing and Northeast Corner Demolition Area

730 Mahoning Avenue

Youngstown, Ohio 44502

PREPARED FOR:

Mr. Raymond J. Jaminet Jr.- Vice President

Olsavsky Jaminet Architects, Inc.

114 East Front Street, Suite 200

Youngstown, Ohio 44503

PREPARED BY:

Amianthus LLC Daniel C. Peders, CAHES #31134

583 Grayton Road Berea, Ohio 44017

May 7, 2026

Project Number: 26-05-120

TABLE OF CONTENTS

PAGE

PROJECT SUMMARY 1

SCOPE OF WORK 1

INSPECTIONS LIMITATIONS 2

RESULTS 2

REPRESENTATIVE PHOTOGRAPHS 3

RECOMMENDATIONS 3

APPENDIX A - Table 1: Suspect Asbestos-Containing Material Summary

APPENDIX B - Analytical Reports

PROJECT SUMMARY

Amianthus LLC performed an asbestos material survey of the all the roofing materials and Northeast corner demolition area at 730 Mahoning Avenue in Youngstown, Ohio. The asbestos material survey was performed to identify potential asbestos exposure concerns prior to demolition of this structure as required by the Occupational Safety and Health Administration (OSHA) and the Environmental Protection Agency (EPA) NESHAPS.

Sampling was performed in accordance with AHERA 763.86 sampling protocol. This survey complies with the US EPA requirements for a thorough inspection found in 40 C.F.R.

Part 61, Subpart M.

Mr. Daniel C. Peders, performed an inspection of all areas on May 5, 2026. Mr. Peders identified the following:

Friable Asbestos-Containing Materials - Friable asbestos is strictly regulated and must be removed prior to building demolition and/or equipment dismantling. There were no Friable asbestos materials identified for this structure.

Non-friable asbestos is materials that cannot be crumbled by hand pressure when dry and is divided into two categories: Category I and Category II.

Category I non-friable material is material such as floor covering and roof shingles that are not expected to release significant amounts of asbestos fibers during normal demolition activities. These materials are also strictly regulated and can remain in place as long as it will not be subjected to sanding, grinding, cutting or abrading. The following Category non-friable I asbestos material were assumed to be asbestos-containing:

- Asphalt-based roofing material

Category II non-friable material is material such as asbestos-cement products, drywall or plaster that is expected to release significant amounts of asbestos fibers during normal demolition activities. Depending on the potential for fiber release these materials may be required to be removed prior to demolition if the material is expected to release significant fibers. There were no Category II non-friable asbestos materials identified for this structure.

Table 1 in the report provides a summary of estimated quantities. Table 2 in Appendix A provides summary of the suspect asbestos-containing materials and the analytical results.

SCOPE OF WORK

Amianthus LLC was retained by Olsavsky Jaminet Architects, Inc. to perform an asbestos material survey of the roofing and Northeast corner demolition area at 730 Mahoning Avenue in Youngstown, Ohio. Ohio EPA Certified Asbestos Hazard Evaluation Specialist, Mr. Daniel C. Peders (CAHES #31134, exp. 8-4-2026), visually inspected all accessible areas of this structure.

INSPECTION'S LIMITATIONS

The structure to be inspected was identified by Mr.

Raymond J. Jaminet Jr., Vice President of Olsavsky Jaminet Architects, Inc. as the roofing material on all roofs that will be replaced and the Northeast corner structure that will be demolished and as identified in the image to the right.

The Mahoning County Auditor’s webpage has this West commercial structure listed as Parcel # 53-061- 0-032.00-0 and consists of approximately 50,000 square feet of space constructed in 1946.

RESULTS

All accessible friable and non-friable materials in the identified functional spaces were sampled and submitted for analysis. A total of 8 homogeneous materials were noted during the inspection. A total of 16 bulk samples were collected from these materials.

The bulk samples were analyzed by Amianthus LLC laboratory in Berea, Ohio that is enrolled in the American Industrial Hygiene Associations Bulk Asbestos Proficiency Analytical Testing (BAPAT) Program, laboratory ID number 198622, for the analysis of asbestos bulk material samples.

All samples were analyzed using Polarized Light Microscopy with Dispersion Staining (PLM/DS) techniques in accordance with the methodology approved by the U.S.

Environmental Protection Agency (EPA). The percentage of asbestos present in the samples was determined on the basis of visual area estimation. As set forth in the Code of Federal Regulations, 40 CFR Part 763, Appendix A to Subpart F, Section 1.2 and 1.7.2.4, the lower limit of reliable detection for asbestos using the PLM method is approximately one percent (1%) by volume.

When "None Detected" (ND) appears in this report, it should be interpreted as meaning no asbestos was observed in the sample material above the reliable limit of detection for the PLM method (1%). Material reported to contain 1% or less of asbestos by point count analysis is not considered hazardous by U.S. EPA, and therefore, do not require removal and disposal prior to demolition or renovation.

The following table summarizes the type of ACM identified in this survey. Materials hidden behind walls, ceilings or floors maybe listed as NQ or Not Quantified where the extent of the material is not known because it is hidden.

Table 1: ACM Estimated Quantity Summary

Homogeneous

Group # Material Description Estimated

Quantity

BUR1/BUR2/

BUR3/RSH2

Asphalt-based roofing material 50,000 S.F.

S.F. = Square Feet.

REPRESENTATIVE PHOTOGRAPHS

(Below) Asbestos-containing asphalt-based built-up roofing (BUR1/BUR2/BUR3/RSH2) exist under more recent non-asbestos-containing roofing materials.

RECOMMENDATIONS

The Environmental Protection Agency (EPA) National Emission Standards for Hazardous Air Pollutants (NESHAP) requires that Regulated Asbestos Containing Material (RACM) that will be disturbed during demolition be removed. RACM is defined as; (a) friable ACM;

(b) category I non-friable ACM that has become friable; (c) category I non-friable ACM that will be or has been subjected to sanding, grinding cutting or abrading; or (d) category II non-friable ACM that has a high probability of becoming or has become crumbled, pulverized, or reduced to powder by forces expected to act on the material in the course of demolition or renovation operation.

Based on the understanding that these structures will be demolished, EPA NESHAP regulation requires the removal of all RACM prior to demolition or renovation activities that may disturb these materials.

If you have any questions or concerns regarding the above information, please contact the undersigned at 216-346-7694.

Sincerely, Daniel C. Peders Certified Asbestos Hazard Evaluation Specialist OEPA CAHES #33134, exp. 8-18-2026

APPENDIX A

Table 2: Suspect Asbestos-Containing Material Summary

Table 2 – Summary of Suspect Asbestos-Containing Materials

Asbestos as Asbestos-Containing which by definition is greater than one percent (1%) by weight as analyzed by the Point Count (PC) method.

EPA Categories: F = Friable, NF1 = Non-friable Category I, NF2 = Non-friable Category II

RACM classification is based on normal demolition procedures and does not apply if the structure will be burned intentional for live fire training or recycled.

Daniel C. Peders, Certified Asbestos Hazard Evaluation Specialist, OEPA CAHES #33134, exp. 8-18-2026 Date Inspected: May 5, 2026

Sample

Number

Homo-geneous

I.D.

Sample Description Asbestos

(Y/N)

Location EPA

Category

RACM

(Y/N)*

Analytical

Results

730-01 & 02 BUR1

Asphalt-based built-up roofing material consisting of a newer asphalt-based roof sheeting with roof tar coating on top of an older gravel on asphalt-based built-up roof material

Y West and Center North flat roofs and at penetrations and perimeter as flashing

NF1 N

25-30%

Chrysotile in older roof layer

730-03 & 04 BUR2

Asphalt-based built-up roofing material consisting of a newer asphalt-based roof sheeting with roof tar coating on top of an older gravel on asphalt-based built-up roof material

Y Southeast Center flat roof and at penetrations and perimeter as flashing

NF1 N

30-35%

Chrysotile in older roof layer

730-05 & 06 BUR3

Gravel on asphalt-based built-up roof material Y

On top of sloped roofs over rectangular cupolas on West and Center North flat roofs NF1 N 35% Chrysotile

730-07 & 08 RTC1 Roof tar coating N

Roof at seams of corrugated plastic wall panels for the rectangular cupolas on West and Center

North flat roofs

NF1 N None Detected

730-09 & 10 RSH1 Asphalt-based roof shingles N At peak of center cupola on the curved Northwest roof NF1 N None Detected

730-11 & 12 RSH1 Asphalt-based roof sheeting N

Top layer on curved Northwest roof

NF1 N None Detected

730-13 & 14 RTC2 Roof tar coating N NF1 N None Detected

730-15 & 16 RSH2 Asphalt-based roof sheeting Y

On perimeter block walls between the curved

Northwest roof and the Center building and as original layer under RSH1

NF1 N

25-30%

Chrysotile

Field Notes: Northeast Demolition Section: Cement block walls some interior block walls have metal siding over fiberglass batt insulation. Cement floor. Heavy timber beams and columns and wood roof joists and wood roof deck. Perimeter and partition walls have fiberglass batt insulation or vinyl-faced fiberglass insulation on walls.

Wooden windows have no suspect caulk or glazing. Plastic roof drains with no insulation. Roofs: Clay parapet caps with cement at seams. Rooftop mounted HVAC units have no suspect materials. Vents and stacks that penetrate the roof are metal. Rectangular cupolas at Southeast roof and Center North roof have corrugated plastic wall panels. Northwest curved roof center cupola has corrugated metal roof panels.

APPENDIX B

Analytical Reports

Amianthus LLC Environmental Consulting

583 Grayton Road

Berea, Ohio 44017

216-346-7694 fax 440-891-0022

AIHA PAT for Bulk Asbestos no. 198622 This confidential report relates only to those item(s) tested and does not represent an endorsement by AIHA or any agency of the U.S. Government

Analysis Method: EPA 600/R-93/116

CERTIFICATE OF ANALYSIS

Client: Olsavsky Jaminet Architects, Inc. Report Date: May 7, 2026

114 East Front Street, Suite 200 Project No.: 26-05-120

Youngstown, Ohio 44503 Log No.: 6459

BULK SAMPLE ANALYSIS SUMMARY

Sample Identification:

Sixteen (16) samples from the roofing and northeast corner demolition area at 730 Mahoning Avenue in

Youngstown, Ohio were submitted by Daniel C. Peders.

These bulk samples were delivered to Amianthus LLC laboratory in Berea, Ohio for asbestos content determination.

Analytical Method:

Analytical procedures were performed in accordance with the U. S. Environmental Protection Agency (EPA)

Recommended Method for the Determination of Asbestos in Bulk Samples by Polarized Light Microscopy and

Dispersion Staining (PLM/DS) (EPA-600/M4-82-020, EPA-600/R-93-116). This report relates only to those samples actually analyzed, and may not be indicative of other similar appearing materials existing at this, or other sites.

Quantification of asbestos content was determined by Calibrated Visual Estimation.

The EPA requires that friable samples with analytical results of 10% or less asbestos, by visual estimation, be treated as asbestos-containing material unless these quantities are verified using the point counting method. The point counting method is a systematic technique for estimating concentration, also using PLM. The point counting method, however, does not increase the analyst’s ability to detect fibers.

In any given material, fibers with a small diameter (<0.25µm) may not be detected by the PLM method. Floor tile and other resinously bound material may yield a false negative if the asbestos fibers are too small to be resolved using PLM. Additional analytical methods may be required.

Analysis Performed By: Daniel C. Peders Approved By:

Date: May 7, 2026 Daniel C. Peders

Laboratory Director

Report Date: 05/07/2026

Project: 26-05-120

Log No.: 6459

This confidential report relates only to those item(s) tested and does not represent an endorsement by AIHA or any agency of the U.S. Government

Comments: PLM is not consistently reliable in detecting asbestos in floor coverings and similar non-friable organically bound materials. Before this material can be considered or treated as non-asbestos containing, confirmation must be made by quantitative TEM. (PC) Indicates Stratified Point Count Performed. Method not performed unless stated. Quantification at <0.25% by volume is possible with this method. (PC-Trace) represents this limitation of quantitation. (PC-Trace) means that asbestos was detected but is not quantifiable under the Point Count regimen.

Analysis Performed By: _Daniel C. Peders_______________ Approved By:_______________________________

Date: _May 7, 2026____________________ Daniel C. Peders

Asbestos Type(s) Detected Non-Asbestos Materials 1 of 2

L a b N o

Client No. Description Location Color % C h ry s o til e

A m o si te

C ro c id o lit

O th e r

C e llu lo s

F ib ro u s G la ss

M in e ra l W o o l

O th e r F ib ro u

M a te ri ls

N o n -F ib ro u s

M a te ri

Comments

126314 730-01a Asphalt-based roofing material with roof tar coating on top of an older asphalt-based built-up roof material

West and Center North flat roofs and at penetrations and perimeter as flashing

Black 0 0 0 0 0 40 0 60 Top newer layer

730-01b Black 25 0 0 0 20 0 0 55 Bottom older layer

126315 730-02a Black 0 0 0 0 0 40 0 60 Top newer layer

730-02b Black 30 0 0 0 15 0 0 55 Bottom older layer

126316 730-03a Asphalt-based roofing material with roof tar coating on top of an older asphalt-based built-up roof material

Southeast Center flat roof and at penetrations and perimeter as flashing

Black 0 0 0 0 0 40 0 60 Top newer layer

730-03b Black 35 0 0 0 0 0 0 65 Bottom older layer

126317 730-04a Black 0 0 0 0 0 40 0 60 Top newer layer

730-03b Black 30 0 0 0 0 0 0 70 Bottom older layer

126318 730-05 Built-up roof material On top of sloped roofs over rectangular cupolas

Black 35 0 0 0 0 0 0 65

126319 730-06 Black 35 0 0 0 0 0 0 65

126320 730-07 Roof tar coating At seams of corrugated plastic wall panels

Black 0 0 0 0 0 10 0 90

126321 730-08 Black 0 0 0 0 0 10 0 90

126322 730-09 Roof shingle At peak of center cupola on the curved Northwest roof

Red/Black 0 0 0 0 35 0 0 65

126323 730-10 Gray/Black 0 0 0 0 40 0 0 60

Report Date: 05/07/2026

Project: 26-05-120

Log No.: 6459

This confidential report relates only to those item(s) tested and does not represent an endorsement by AIHA or any agency of the U.S. Government

Comments: PLM is not consistently reliable in detecting asbestos in floor coverings and similar non-friable organically bound materials. Before this material can be considered or treated as non-asbestos containing, confirmation must be made by quantitative TEM. (PC) Indicates Stratified Point Count Performed. Method not performed unless stated. Quantification at <0.25% by volume is possible with this method. (PC-Trace) represents this limitation of quantitation. (PC-Trace) means that asbestos was detected but is not quantifiable under the Point Count regimen.

Analysis Performed By: _Daniel C. Peders_______________ Approved By:_______________________________

Date: _May 7, 2026____________________ Daniel C. Peders

Asbestos Type(s) Detected Non-Asbestos Materials 2 of 2

L a b N o

Client No. Description Location Color % C h ry s o til

A m o si te

C ro c id o lit

O th e r

C e llu lo

F ib ro u s G la ss

M in e ra l W o o l

O th e r F ib ro u

M te ri

N o n -F ib ro u s

M a te ri

Comments

126324 730-11 Roof sheeting Top layer on curved Northwest roof

Black 0 0 0 0 0 40 0 60

126325 730-12 Black 0 0 0 0 0 40 0 60

126326 730-13 Roof tar coating Black 0 0 0 0 0 10 0 90

126327 730-14 Black 0 0 0 0 0 10 0 90

126328 730-15 Roof sheeting Bottom layer on curved Northwest roof and at perimeter block wall between the curved Northwest roof and the Center building

Black 25 0 0 0 0 0 0 75

126329 730-16 Black 30 0 0 0 0 0 0 70

ROOF CONDITION REPORT

Date: April 30, 2024

TO:

Jeff Siwiec

WRTA

604 Mahoning Ave.

BUILDING

703 Mahoning Ave.

ROOF SECTION – Entire roof – 50,000 Square feet

Boak & Sons inspected the roof at the above referenced project. During our inspection we determined that all the roof sections need to be replaced immediately.

EXISTING CONSTRUCTION:

The existing roofing consists of a modified roofing membrane installed over the original Buit-Up roofing system. In the back areas, the original BUR is still in place. These roofs were installed over a wood plank structural roof deck.

ROOF SECTION – Main Roof Area

This roof is a Modified Bituminous roof system which has been installed over the original Built-Up roof system. Further examination revealed moisture in the system and evidence of current roof leaks indicates that this roof area has failed, and it is beyond repair and should be replaced. The current age cannot be established.

There is significant splitting and cracking of the base flashings and large areas of ponding water which are adding to the earlier failure of this roof system. This area should be budgeted for replacement as soon as possible.

ROOF SECTION- Sloped Roof

This roof is a smooth Surfaced Built-up Roof system and has a flood coat of asphalt emulsion coating. This roof outlived it expected life cycle and has failed in the base flashings and field membrane. The flashings have come unbonded to the walls and are taking on water.

There are four raised monitor areas which appears to have a corrugated fiberglass panel which has been leaking and several repairs have been unsuccessful, therefore, when this roof gets replaced, these monitors should be remove down to deck level.

EXISTING ROOF WARRANTY INFORMATION:

Year Installed: Unknow

Length of Warranty: Unknown Expiration Date: Unknown

ROOF RECOMNMDATIONS:

In general, the entire building roof has failed, and needs to be replaced. Several attempts have been made to repair this roof and these repairs have all failed. This roof is beyond repair and needs to be replaced.

It would be our recommendation that the existing roofs be removed to decking. Any deteriorated wood decking be replaced, and a new roof installed. The new roof system should include new tapered polyiso roof insulation per building codes installed to the existing wood roof decking using FM approved fasteners and plates and a new .060 fully adhered EPDM membrane roof system installed to the new roof insulation per manufacturer’s requirements. A manufacturer’s 20-year NDL warranty can be provided over the entire building, therefore all roof areas will be covered under the same warranty.

Division 00 - Procurement and Contracting Documents Document 00 70 00 ITB 2026-3 WRTA – Roof Replacement GENERAL AND SUPPLEMENTARY CONDITIONS

SUPPLEMENTARY CONDITIONS 00 70 00 - 1

DOCUMENT 00 70 00 – GENERAL AND SUPPLEMENTARY CONDITIONS

1. GENERAL CONDITIONS

A. Agreement for Purchase prepared by the Owner and AIA Document A105-2017 “Standard Short Form of Agreement Between Owner and Contractor”, shall be included as part of the Contract Documents for this Work.

2. SUPPLEMENTARY CONDITIONS

A. The following items modify, change, delete from, or add to the "Standard Short Form of Agreement Between Owner and Contractor ". Unaltered provisions shall remain in effect.

3. DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION

A. Bidder agrees to complete Work within 120 calendar days.

4. INSURANCE

A. Refer to insurance requirements in the Invitation For Bid.

5. GENERAL PROVISIONS

A. Drawings and Specifications, include the following:

1. The reference standards referred to in the Contract Documents shall be the edition in effect at the time of opening of Bids (or, on the effective date of the Agreement if there were no Bids), except as may be otherwise specifically stated.

2. The intent of the Contract Documents is to include all items necessary for the proper execution and completion of the Work by the Contractor.

3. The Contract Documents are complementary, and what is required by one shall be as binding as if required by all.

4. The Contractor shall provide all labor and materials necessary for the entire completion of the Work described in the Contract Documents and reasonably inferable to produce the intended results.

5. The Drawings govern dimensions, details and locations of the Work. The Drawings shall not be scaled. The Specifications govern quality of materials and workmanship.

6. Figure dimensions shall supersede scale measurements. Large-scale details shall take precedence over smaller. All measurements shall be verified at the site.

7. In the event of inconsistencies within or between the Contract Documents, the Contractor shall provide the better quality or greater quantity of Work, and shall comply with the stricter requirement.

8. The Contractor shall maintain in good order at the Site one (1) copy of all Drawings, Specifications, Addenda, approved Shop Drawings, catalog data, manufacturer operating and maintenance instructions, certificates, Warranties from manufacturers, lists of approved Material Suppliers and Subcontractors, Change Orders, Requests for Information and responses thereto and other modifications, including As-Built Drawings.

9. The Contractor shall keep an accurate record of all approved changes made to the Drawings to show Work as actually performed where such Work varies from Work as originally shown on the Contract Documents, including the exact location and depth of underground utility lines.

10. During the performance of the Work, the Contractor shall record all changes on the Drawings, neatly in a contrasting color, noting new information not shown on the original

SUPPLEMENTARY CONDITIONS 00 70 00 - 2

Drawings. Failure to record all changes may cause payment to be withheld or delayed by the Owner.

6. CONTRACTOR

A. Review of Contract Documents and Field Conditions by Contractor

1. Existing Conditions: Existence and location of site improvements, utilities, and other construction affecting the Work must be investigated and verified.

B. Contractor’s Construction Schedule

1. Inform the Owner of Contractor’s preferred construction schedule for Owner’s portion of the Work. Adjust construction schedule based on a mutually agreeable timetable.

2. Include Owner’s personnel at preinstallation conferences.

C. Labor and Materials

1. Installation: Comply with manufacturer’s written instructions.

2. Remove and replace damaged, defective, or nonconforming Work.

D. Warranty

1. Unless otherwise extended in the specifications, all Work and materials shall be warranted for a period of at least one year from the date of final acceptance.

2. If defective Work becomes apparent within the warranty periods specified, the Owner shall notify the Contactor in writing.

3. Within ten days of receipt of notice, the Contractor shall visit the site to determine the extent of the defective Work. If an emergency, the Contractor shall visit the site within one day.

4. The Contractor shall promptly repair or replace the defective Work, including all adjacent work damaged as a result of the defective Work, or as a result of remedying the Work.

5. If the Contractor does not promptly repair or replace the defective Work, the Owner may perform the Work and charge the cost thereof to the Contractor or the Contractor’s Surety.

6. Work, which is repaired or replaced by the Contractor, shall be guaranteed by the Contractor for one year from the date of Owner’s acceptance of the corrective Work.

E. Permits

1. The Contractor shall obtain and pay for the building permit and other permits and governmental fees, licenses, and inspections necessary for proper execution and completion of the Work.

a. General Building Permit: The Architect will secure the general building permit for the Owner. The Owner will pay for the Permit.

b. Storm Retainage Permit: The Architect will secure the Storm Retainage permit for the Owner. The Owner will pay for the permit.

c. Zoning Permit: Owner will make application and pay for the Zoning permit.

d. Utility Tie-Ins: Arranged by Contractors with local utility companies. Any associated fees to be paid by Contractors requiring connection.

e. Fire Protection Permit: The Fire Protection Contractor will pay for the fire protection permit, if required. The sprinkler contractor shall submit application, all shop drawings, drawings, specifications and other required documents.

SUPPLEMENTARY CONDITIONS 00 70 00 - 3

f. Inspections: Inspections of installed work shall be performed by the governing authority as arranged for by the installing Contractor. Do not cover Work until approved.

g. Other Permits and Fees: Each Contractor shall secure and pay for other permits, trade permits, governmental fees, tap-in fees, inspections, and licenses necessary for the proper execution and completion of his Work, including, but not necessarily limited to, hauling permits, occupancy permits, Board of Health permits, etc., which are applicable at the time the bids are also received. Fees to relocate utilities on Owner's property shall be included in the bid of the Contractor doing the relocation.

h. Notices and Compliance: Each Contractor: Give notices and comply with laws, ordinances, rules, regulations, and orders of public authorities bearing on the performance of his Work. If a Contractor observes that the Contract Documents are at variance therewith, promptly notify the Architect in writing, and necessary changes shall be adjusted by appropriate notification. If a Contractor performs Work knowing it to be contrary to such laws, ordinances, rules, and regulations, and without such notice to the Architect, he shall assume full responsibility and bear the costs attributable thereto.

F. Compliance

1. The Contractor hereby warrants and represents that any and all portions of the Work of his Contract shall in all instances comply with federal, state and local laws and ordinances including but not limited to any and all applicable building codes.

G. Use of Site

1. Provide access to Project site for Owner’s personnel.

H. Cutting and Patching

1. Provide temporary support.

2. Protect in-place construction.

3. Protect adjacent occupied areas.

4. Minimize interruption to existing utility services and mechanical / electrical systems for occupied areas.

5. Cutting: In general, use hand or small power tools. Cut holes and slots neatly to minimum size required. Temporarily cover openings when not in use.

6. Maintain integrity of all fire-rated walls, ceilings or floor construction; complete seal voids with fire rated or retarding materials as approved by the Architect.

7. Identify any hazardous substance or condition exposed during the work to the Architect.

8. Patching: Patch with durable seams that are as invisible as practical.

9. Finishes: Restore exposed finishes. Extend new finishes to perimeter of patched surface.

Leave patched work indistinguishable from existing undisturbed work.

I. Cleaning Up

1. Clean Project site and work areas daily. Dispose of materials lawfully.

2. Keep installed work clean.

3. Remove debris from concealed spaces.

4. Furnish a dumpster of sufficient size and be responsible for periodic dumping as may be required. The dumpster shall be available for the use of all subcontractors and maintained on the site throughout the course of construction. In no case shall Owner’s dumpsters be utilized by any contractor. The location of the dumpster shall be directed in the field by the Architect and Owner.

SUPPLEMENTARY CONDITIONS 00 70 00 - 4

J. Starting and Adjusting

1. Start equipment and operating components to confirm proper operation.

2. Adjust equipment for proper operation.

K. Protection of Installed Construction

1. Provide final protection and maintain conditions that ensure Work is without damage.

7. CHANGES IN WORK

A. Contract Modification Procedures

1. AIA Document G710 will be issued by the Architect for minor changes in work.

2. AIA Document G701 will be issued by the Architect for change orders.

3. AIA Document G714 will be issued by the Architect for construction change directives.

8. TIME

A. Delays and Extensions of Time

1. The award of separate Contracts for the Project requires sequential, coordinated and otherwise interrelated Contractor operations and may involve delays in the progress of any individual Contractor's Work.

2. The Bidder agrees that the bid amount shall cover all expenses resulting from interference, disruption, hindrance or delay caused by or between Contractors or their agents and employees.

3. If the Contractor is delayed at any time in the progress of the Work by any of the following causes, the Contract time shall be extended for such reasonable time, for which the Architect determines in consultation with the Owner, has been caused by:

a. Delay due to suspension of the Work for which the Contractor is not responsible.

b. Inclement weather conditions not normally prevailing in the particular season (see paragraph below).

c. Labor dispute.

d. Fire or flood.

e. Neglect, delay or fault of any Contractor having a Contract for adjoining or contiguous Work.

f. By any unforeseeable cause beyond the control and without fault or negligence of the Contractor.

4. If adverse weather conditions are the basis for a Claim for additional time, the Contractor shall document the Claim with data substantiating that weather conditions were abnormal for the period, could not have been reasonably anticipated, and had an adverse effect on a critical element of the scheduled construction. The support for and evaluation of all adverse weather Claims shall be based upon average weather conditions during the 5 years immediately preceding the dates at issue in the Claim as those weather conditions were recorded at the government-controlled weather-recording facility nearest to the Site.

5. A lost workday shall be defined as:

a. Time lost up to 4 hours equals 1/2 workday.

b. Time lost more than 4 hours equals 1 full workday.

6. Any extension of time granted shall be the sole remedy, which may be provided by the Owner. In no event shall the Contractor be entitled to additional compensation or mitigation of Liquidated Damages for any delay listed in paragraph 7.A.3 above, including, without limitation, costs of acceleration, consequential damages, loss of

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efficiency, loss of productivity, lost opportunity costs, impact damages, lost profits or other similar remuneration.

7. Any request by the Contractor for an extension of time shall be made in writing to the Architect no more than ten (10) days after the initial occurrence of the condition in which the Contractor considers to be a reasonable cause.

8. The Architect will evaluate the facts and extent of the delay and recommend a specific number of days for the extension to the Owner (which may be a number other than that requested by the Contractor).

9. The contract completion time, if approved by the Owner, will be extended by Change Order.

B. Working Hours

1. This Project will be scheduled to operate on a 5 day/40 hour per week basis. Working hours are 6:00 a.m. to 5:00 p.m. Saturdays on request to Owner and approval. Trade Contractors employing trades in the work who work other than a 5 day - forty hour work week, must provide for coordination of their work at no additional cost to the Owner. Work performed by the Contractor at his own volition outside such customary work hours shall be at no additional expense to the other trade contractors, or Owner.

2. If the Contractor cannot cause his work to progress in such a fashion that no delays will occur to the Project Milestones, the Contractor shall work additional hours beyond the normal hours indicated above at his own expense.

3. Work beyond normal hours must be performed per and with the approval of local authorities.

9. PAYMENTS AND COMPLETION

A. Schedule of Values

1. Format: Line items based on sections of work and consistent with format of AIA Document G703.

2. Provide multiple line items for principal subcontract amounts in excess of five percent of the Contract Sum.

3. Include separate line items for Project closeout requirements in an amount totaling five percent of the Contract Sum.

B. Applications for Payment

1. In applying for payments, the Contractor shall submit to the Architect three (3) copies of the Standard AIA Document G-702 and G-703, 1992 Edition, entitled Application and Certificate for Payment. These forms can be obtained from the American Institute of Architects at www.aia.org.

2. Labor and materials installed into the building or materials delivered on the site shall be paid for at a rate, of ninety percent (90%) of the estimates for partial payment as prepared by the Contractor and approved by the Architect.

C. Partial Occupancy or Use

1. The Owner may occupy or use any completed or partially completed portion of the Work at any stage when such portion is designated by separate agreement with the Contractor, provided such occupancy or use is consented to by the insurer and authorized by public authorities having jurisdiction over the Project. Such partial occupancy or use may commence whether or not the portion is substantially complete, provided the Owner and Contractor have accepted in writing the responsibilities assigned to each of them for payments, retainage, if any, security, maintenance, heat, utilities, damage to the Work

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and insurance, and have agreed in writing concerning the period for correction of the Work and commencement of warranties required by the Contract Documents. Consent of the Contractor to partial occupancy or use shall not be unreasonably withheld. The stage of the progress of the Work shall be determined by written agreement between the Owner and Contractor or, if no agreement is reached, by decision of the Architect.

2. Immediately prior to such partial occupancy or use, the Owner, Contractor, and Architect shall jointly inspect the area to be occupied or portion of the work to be used in order to determine and record the condition of the Work.

3. Unless otherwise agreed upon, partial occupancy or use of a portion or portions of the Work shall not constitute acceptance of Work not complying with the requirements of the Contract Documents.

D. Liquidated Damages

1. It is mutually agreed by and between the parties hereto that time is of the essence and that upon failure to achieve a milestone within the associated Contract Time and / or have all Work completed within the period of time specified, the Owner will be damaged thereby, and because it is difficult to definitely ascertain and prove the amount of said damages, the Owner shall be entitled to retain or recover from the Contractor, as Liquidated Damages, and not as a penalty, the amounts set forth in the following table for each and every calendar day thereafter that the Contractor fails to achieve a Milestone within the associated Contract Time and / or complete all Work until Contract Completion.

2. Liquidated Damages per day shall equal $500.

3. The Owner's right to recover Liquidated Damages shall not substitute for any right of recovery for additional costs incurred should the Contractor fail to complete the Contract according to the Contract Documents.

10. PROTECTION OF PERSONS AND PROPERTY

A. Safety Precautions and Programs

1. The Contractor shall take necessary precautions to properly protect the Work of other Contractors from damage caused by operations of this Contract. Furthermore, as this Contractor removes, alters, destroys or defaces the property of the Owner, or the work of another contractor in the performance of the Work, this Contractor shall promptly repair or replace the affected property or work to the satisfaction of the Architect and/or Owner.

2. If the Contractor damages the property or work of any Separate Subcontractor, or by failure to perform the Work with due diligence, delays, interferes with, hinders, or disrupts the services of any Separate Subcontractor who suffers additional expense and damage as a result, the said Contractor is responsible for that damage, injury, or expense.

3. Any and all safety programs shall be developed by the Contractor and submitted to the Architect for review in advance of the commencement of the Work. Any safety programs developed by the Subcontractor shall be subject to coordination with the safety programs of any other Contractor. The Contractor shall comply with safety programs developed by the Contractor and with all applicable federal, state, municipal and/or local laws, ordinances, rules, regulations, and orders of public authorities for the safety of persons or property.

4. The Contractor agrees to indemnify, protect, defend, release, and save the Architect, Owner, and their respective officers, agents, employees, servants, and/or subcontractors harmless from and against any and all actions, lawsuits, claims, costs, expenses, fees, including reasonable attorney fees, loss, damage, or liability of any kind or nature, when such liability results from or is on account of any safety program or the failure of the Subcontractor or any of its officers, agents, employees, servants and/or sub-subcontractors to comply with any safety program, regardless of whether such liability is resulting from or relating to any act or omission of or presence of the Architect or any of

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its officers, agents, employees, servants and/or sub-subcontractors and regardless of whether the safety program was reviewed and approved.

11. CORRECTION OF WORK

A. Within 30 days of receipt of the Architect’s punch list, the Contractor shall complete and correct all items so listed.

B. If the Contractor fails to complete or correct the work within 30 days and upon the Owner’s written notice within 3 days, the Owner may invoke one of the following measures:

1. Employ additional workmen and/or suppliers to complete the work, or:

2. Terminate the Contract and complete the work by others, or allow the Surety to complete the work.

C. If the payments due the Contractor are not sufficient to cover the incurred costs, the Contractor and the Contractor’s Surety shall pay the insufficiency to the Owner.

D. The Contractor agrees that the Owner, and Architect will have the authority to reject Work which does not conform to the contract. The Architect's decisions on matters relating to aesthetic effect shall be final if consistent with the intent expressed in the Contract.

E. If a special inspection, testing, or approval reveals Defective Work, the Contractor shall pay all associated costs and will not be entitled to any related adjustment of the contract time. Those costs may include, but are not limited to:

1. the cost of the special inspection, testing, or approval.

2. the cost of additional special inspections, testing, or approvals to evaluate remedial Work.

3. the cost of correcting the Defective Work.

4. all related Owner-incurred fees and charges of contractors, engineers, architects, attorneys, and other professionals.

F. The Contractor warrants to the Owner and Architect that materials and equipment furnished under this Contract will be of good quality and new unless otherwise required or permitted by the Architect, and that the Work will conform to the requirements of the Contract Documents.

Work not conforming to the Contract Documents, including substitutions or revisions not specifically and properly approved and authorized in writing by either the Architect or Owner shall be considered Defective Work.

G. If the Contractor covers Work contrary to the requirements of the Contract Documents or contrary to the written request of the Owner or the Architect, the Contractor shall, if the requests in writing, uncover that Work for observation, correct it if not in conformity with the Contract Documents, and recover it at the Contractor's expense and without adjustment of the Contract Time.

H. If the Contractor covers Work in accordance with the Contract Documents and not contrary to a request from the Architect for an opportunity to observe the Work prior to covering, the Contractor shall, if the Architect requests in writing, uncover that Work.

1. If the uncovered Work is Defective Work, the Contractor shall pay the costs of uncovering, correcting, and recovering the Work and shall not be entitled to an adjustment of the Contract Time.

2. If the uncovered Work is not Defective Work and the Contractor believes that it is entitled to an adjustment of the Contract Sum or Contract Times, or both, on account of the uncovering and recovering of the Work, the Contractor may request an adjustment to the Subcontract by giving written notice.

I. If the Contractor provides Defective Work or fails or neglects to perform the Work in accordance with the Construction Progress Schedule, the Architect may issue a written notice to the Contractor and the Contractor's Surety directing the Contractor to correct the Defective Work or to recover schedule deficiencies. Unless otherwise specified in that written notice, the Contractor shall begin to correct the Defective Work and recover the schedule deficiencies within no more than 3 days after receiving the written notice (“24-Hour Notice”).

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J. If any of the Work, which is the subject of this Contract, is found to be Defective Work within one

(1) year after the date of substantial completion of the entire Work or within such later period of time as may be prescribed by law, the Contract Documents or the terms of any applicable special guaranty or warranty required by the Contract Documents, then the Contractor, at no cost or expense to the Owner, shall promptly correct such Work after receipt of a written notice from Architect or the Owner to do so. The foregoing obligations shall survive final acceptance and payment of the Work under the Contract, and the termination or completion of the Contract.

K. None of the following will constitute (1) acceptance of Defective Work, (2) a release of the Contractor’s obligation to perform the Work in accordance with the Contract, or (3) a waiver of any rights set forth in the Subcontract or otherwise provided by Applicable Law:

1. Observations or inspections by the Owner or the Architect.

2. The making of any payment.

3. Final Acceptance or the issuance of a Partial or Final Certification of Contract

Completion.

4. Owner’s use or occupancy of the Work or any part of it.

5. Any review or approval of a submittal.

6. Any inspection, test, or approval by other Person.

7. Any correction of Defective Work by the Owner.

12. TERMINATION OF THE CONTRACT

A. Termination by the Owner for Cause

1. If the Owner determines, upon the recommendation of the Architect that the Contractor has failed to prosecute the Work with the necessary work force, or in a timely manner, or has refused to remedy any defective Work, or has otherwise failed to comply with the requirements of the Contract Documents, the Owner shall notify the Contractor and the Contractor’s Surety of such failure or refusal. The Contractor shall begin to cure such failure or refusal within (5) five days of receipt of notice.

2. If the Contractor fails to cure such failure or refusal within (20) twenty days of receipt of the notice, the Owner may terminate the Contract and employ upon the Work the additional work force, or supply the materials, or such part as is appropriate, and may remove defective Work.

3. If the Contractor is so terminated, the Contractor’s Surety shall have the option to perform the Contract. If the Surety does not commence performance of the Contract within (10) ten days of the date on which the Contract was terminated, the Owner may complete the Work by such means as it deems appropriate. The Owner may take possession of and use all materials, facilities, and equipment at the Project Site, or stored off-site, for which the Contractor has been paid.

4. If the Contractor is so terminated, the Contractor shall not be entitled to any further payment. If the Owner completes the Work and if the cost of completing the Work exceeds the balance of the Contract price, including compensation for all direct and consequential damages incurred by the Owner as a result of the termination, such excess shall be paid by the Contractor or the Contractor’s Surety.

5. If the Contractor’s Surety performs the Work, the provisions of the Contract Documents shall govern the Surety’s performance, with the Surety being substituted for the Contractor in all such provisions including, without limitation, provisions for payment for the Work and provisions about the right of the Owner to complete the Work.

B. Termination by the Owner for Convenience

1. The Owner may, upon recommendation of the Architect, at any time upon (20) twenty days written notice to the Contractor, terminate the Contract in whole or in part for the Owner’s convenience and without cause.

2. Upon receipt of the notice of termination, the Contractor shall immediately, in accordance with instructions from the Owner, proceed with performance of the following duties:

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a. Cease operation as specified in the notice of termination.

b. Place no further orders and enter into no further subcontracts for materials, labor, services, or facilities except as necessary to complete continued portions of the Project.

c. Terminate all subcontracts and orders to the extent they relate to the Work terminated.

d. Proceed to complete all Work not terminated.

e. Take actions that may be necessary, or that the Owner may direct, for the protection and preservation of the terminated Work.

3. Upon such termination, the Contractor shall be paid in accordance with the Contract Cost

Breakdown for Work completed, including amount retained, and the value of materials ordered and delivered, less any salvage credit the Contractor may receive for them.

a. All materials, equipment, facilities, and supplies at the Project site, or stored off-site, for which the Contractor has been compensated, shall become the property of the Owner.

b. The Contractor shall be entitled to a fair and reasonable profit for all work performed. In no event shall the Contractor’s compensation exceed the total Contract price.

c. Any dispute as to the sum then payable to the Contractor shall be resolved in accordance with the provisions of the General Conditions.

C. Suspension by the Owner for Convenience

1. The Owner may order the Contractor in writing to suspend, delay, or interrupt the performance of the Work in whole or in part for such a period of time as the Owner may determine. The Owner shall provide notice to the Contractor’s Surety of any suspension ordered pursuant to this Article.

2. In case of such suspension, delay, or interruption, an extension of time will be allowed as provided in the Contract Documents, but no payment will be made to the Contractor for any expense or damages resulting therefrom. This provision is intended to be, and not in conflict with, Section 4113.62, ORC, to the fullest extent permitted by law.

3. The Contractor, upon receipt of the notice of suspension, delay, or interruption, shall cease Work on the…