WCBC North - Emkay Site Brownfield Clean-up - Addendum #1.pdf

ADDENDUM NO. 1

PROJECT: Wyoming County Business Center (WCBC) North LLC

Asbestos Controlled Demolition and Brownfield

Clean Up of Former Emkay Trading Site

LOCATION: 58 Church Street

Arcade, NY 14009

LABELLA PROJ. NO: 2232588

DATE: March 11, 2024

FROM: LaBella Associates, D.P.C.

Olympic Towers

300 Pearl Street, Suite 130

Buffalo, New York 14202

BY:

PROJECT MANAGER

Derek Banach

TO: Prospective Bid Proposers:

All Bidders submitting proposals for the above named project shall take note of the following additions and changes which modify the original bidding documents. The instructions included in this Addendum have precedence over anything contrarily shown on the Drawings or described in the

Specifications, and all such shall be taken into consideration and be included in the Proposal.

Receipt of this Addendum shall be acknowledged by the Bidder in the space provided on the proposal form.

This Addendum No. 1 consists of 74 pages.

DRAFT

ADMINISTRATIVE:

1.1 PRE-BID WALK-THROUGH

a. A Pre-Bid Walk Through was held on Monday, March 4th at 10:00 am.

• The Pre-Bid Walk through Sign-In Sheet is attached.

1.2 CONTRACT DOCUMENTS

a. It is recommended that all interested parties download contract documents from New York

State Contract Reporter. You do not have to be an official plan holder to submit a bid.

However, bidders acknowledge that they are responsible for review of all components of the

Contract Documents, including all specification sections, drawings, and addenda regardless of how the documents are obtained. WCBC North LLC reserves the right to dismiss or reject any bid for noncompliance with the required bid forms and documents.

CLARIFICATIONS:

1.3 CLARIFICATION FROM WALKTHROUGH

Project Phasing

The project was broken into phases for bid purposes only, as a way to maximize the allotted grant monies. All contract work shall be given to the winning bidder at the time of award. The work can be completed at one time, with no delay between phases. The temporary construction fence shall remain in place through the duration of work and removed upon completion. One mobilization and demobilization will be required.

Completion Date

The targeted completion date is Friday, August 30th, 2024.

NYS DOL Fee Waiver

Wyoming County and the Village of Arcade will sign the NYS DOL Fee Waiver Request as needed.

Soil Removal / Disposal

Due to known and potential soil contamination, it is the intent of the project to limit the movement of soil around site. Additionally, during the building debris removal or demolition, any landfill disposal and /or testing requirements due to the presence of comingled soil shall be the responsibility of the contractor.

NYS Site Specific Variance

The approved NYS Site Specific Variance File NO. 24-0195 is attached to this addendum. The front title “Controlled Demolition Removal with Non-friable ACM Remaining in Place” is misleading. The intent is to complete the demolition in accordance with NYS ICR 56 11.5 as outlined in the conditions / procedures.

1.4 GENERAL QUESTIONS FROM WALKTHROUGH

Temporary Construction Fencing

Question: Is an 8’ temporary construction fence around site required or can it be reduced to 6’?

Answer: The temporary site construction fence (post driven or foot mounted) can be reduced to

6’. However, please note the permanent security fence, Alternate Bid Item 5, shall remain an 8’ post driven permanent fence.

1.5 CONTRACTORS SUBMITTED RFI QUESTIONS

a. The following are the submitted RFI questions.

**Note: If the RFI response requires a drawing or specification revision that revision will also be noted in the “Changes to Specifications” and/or “Changes to Drawings” sections of this Addendum. Also, if an RFI question was duplicated by separate GC’s, the same question is only listed once below.

RFI #1: Site fencing per phases - Do phases 1,2,3 need to be segregated and billed per phase?

Answer: No. The awarded work will not need to be separated and billed per phase.

RFI #2: Will existing utility drawings and or termination letters be provided?

Answer: We have included drawings provided by the Village of Arcade in the Appendix. We believe water service to the site has been shut off /capped as part of a previous project.

Overhead electric service is believed to have been removed as well. However, the contractor shall be responsible to confirm as necessary, mark out existing utilities and terminate as required. All available documentation has been provided.

RFI #3: Can silt sock (straw wattle) be used in place of silt fence to avoid disturbing any contaminated soil?

Answer: Yes, a silt sock may be used per Detail 4 on drawing C-502. Straw wattle is not allowed.

RFI #4: Will drawings be updated for phase 4 western area on C-501? What is labeled a debris pile is actually 2 open top concrete storm water retention tanks.

Answer: The debris piles exist and are as shown. There is one additional covered tank to be added. See revised drawing C-501.

RFI #5: Will there be a unit price for any permanent fencing installed?

Answer: Section 004116 – Bid Proposal and Section 012700 – Basis of Measurement and Payment Item 5 Safety /Security Fence Installation is linear foot price. An estimated quantity of 250 – 350 LF will be required and is provided to assist with your bid.

RFI #6: Is there a standard 1 year warranty on workmanship?

Answer: Yes

RFI #7: Are electric, water, and gas disconnected from all structures to be demolished?

If not, are we to assume responsibility and include in our base bid price?

Answer: see response in Question 2.

RFI #8: Are there any Liquidated damages per day for exceeding the completion date?

Answer: No

CHANGES TO THE SPECIFICATIONS:

1.6 Replace NYS Site Specific Variance Petition with Approved NYS SSV Variance File 24-0195

CHANGES TO THE DRAWINGS:

1.8 DRAWING NO. – C-501: Replace drawing in its entirety.

ATTACHMENTS:

Pre-Bid Walk Through Sign-In Sheet

Approved NYS Site Specific Variance

Historical Drawings – Water Depart.

DRAWING NO. – C-501 Erosion Control Plan

END OF ADDENDUM NO. 1

STATE OF NEW YORK

DEPARTMENT OF LABOR

STATE OFFICE BUILDING CAMPUS

ALBANY, NEW YORK 12240-0100

Variance Petition of

LaBella Associates Petitioner’s Agent on Behalf of

WCBC North LLC

Petitioner in re

Premises: Former Emkay Trading Site 58 Church Street Arcade, New York 14009

Controlled Demolition Removal with Non-friable ACM Remaining in Place

File No. 24-0195

DECISION

Cases 1-4

ICR 56

The Petitioner, pursuant to Section 30 of the Labor Law, having filed

Petition No. 24-0195 on February 15, 2024, with the Commissioner of Labor for a variance from the provisions of Industrial Code Rule 56 as hereinafter cited on the grounds that there are practical difficulties or unnecessary hardship in carrying out the provisions of said Rule; and the Commissioner of Labor having reviewed the submission of the petitioner dated February 13, 2024; and

Upon considering the merits of the alleged practical difficulties or unnecessary hardship and upon the record herein, the Commissioner of Labor does hereby take the following actions:

Case No. 1 Case No. 2 Case No. 3 Case No. 4

ICR 56-8.9 (g) ICR 56-11.5 (c) (11) ICR 56-11.5 (b) (1) ICR 56-11.5 (c) (7)

Page 2 of 6 File Number 24-0195

VARIANCE GRANTED. The Petitioner's proposal for controlled demolition removal of non-friable materials in quantities as listed by the petitioner, from the subject premises in accordance with the attached 59-page stamped copy of the Petitioner's submittal, is accepted; subject to the Conditions noted below:

THE CONDITIONS

Full-Time Project Monitor:

1. A full-time independent project monitor shall be on site and responsible for oversight of the abatement contractor during all abatement activities to ensure compliance with ICR 56 and variance conditions and to ensure that no visible emissions are generated. If visible emissions are observed, work practices shall be altered according to the project monitor’s recommendations.

2. The Project Monitor shall perform the following functions during asbestos abatement projects in addition to functions already required by ICR-56:

a. Inspection of the interior of the asbestos project work area made at least twice every work shift accompanied by the Asbestos Supervisor;

b. Observe and monitor the activities of the asbestos abatement contractor to determine that proper work practices are used and are in compliance with all asbestos laws and regulations;

c. Inform the asbestos abatement contractor of work practices that, in the Project Monitor’s opinion, pose a threat to public health or the environment, and are not in compliance with ICR-56 and/or approved variances or other applicable rules and/or regulations;

d. Document in the Project Monitor Log observations and recommendations made to the Asbestos Supervisor based upon the interior/exterior observations of the asbestos project made by the PM.

3. The PM shall alert the local District Office of the NYSDOL Asbestos Control Bureau whenever, after the PM has provided recommendations to the Asbestos Supervisor, unresolved conditions remain at the asbestos project site which present a significant potential to adversely affect human health or the environment.

Removal of all Friable ACM, Transite/Cement Board & Category II Non-friable ACM Prior to Controlled Demolition:

4. All friable ACM, RACM, transite/cement board, and Category II non-friable

ACM shall be removed in accordance with ICR 56 and this variance decision, including obtaining satisfactory clearance air results for all

Page 3 of 6 File Number 24-0195 regulated abatement work areas (as necessary), prior to the commencement of this controlled demolition asbestos project. Category I non-friable ACM that will likely become crumbled, pulverized, or reduced to powder during the demolition shall also be removed. REMOVALS

SHALL ONLY BE DONE IF WORKER SAFETY IS NOT ENDANGERED

DOING SO. OTHERWISE, FULL COMPLIANCE WITH ICR 56-11.5 IS

REQUIRED

Establishment of Regulated Areas:

5. The regulated work areas, decontamination units, airlocks, and dumpster areas shall be cordoned off at a distance of twenty-five feet (25’) where possible and shall remain vacated except for certified workers until satisfactory clearance air monitoring results have been achieved or the abatement project is complete. These areas shall have Signage posted in accordance with Subpart 56-7.4(c) of this Code Rule. For areas where twenty-five feet isn’t possible, the areas shall be cordoned off as practical, and a daily abatement air sample shall be taken at the barrier.

6. If the owner of an adjacent building (within 25 feet) does not allow openings to be sealed as required, the asbestos abatement contractor’s supervisor must document the issue within the daily project log and will have the affected building owner sign the log confirming that the owner will not allow the asbestos abatement contractor to seal the openings in the building as required. In addition, a daily abatement air sample shall be included within ten feet of the affected portion of the adjacent building.

Controlled Demolition Removals:

7. The provisions of 56-11.5 (a, c) shall be followed for this controlled demolition project, except as modified by this variance.

8. Decontamination system enclosures and areas shall be constructed and utilized as per the requirements of 56-7.5(d) and 56-11.5.

9. Uncertified personnel shall not be allowed to access any regulated abatement work area, with the exception of waste hauler truck drivers.

These truck drivers will be restricted to their enclosed cab, while temporarily in the regulated work area for waste transfer activities only. All equipment operators utilized for demolition or removal activities within the regulated work area must be certified in compliance with ICR 56-3.2.

10. All barrier components, used filters, disposable PPE and similar items shall be considered to be asbestos containing materials/asbestos contaminated waste and treated as RACM and disposed of accordingly.

Page 4 of 6 File Number 24-0195

11. All demolition debris and structural members that have not been rendered friable shall be disposed of as construction debris at a landfill authorized to accept construction and demolition debris.

12. Non-porous items such as structural steel members and metal piping that can be fully decontaminated may be salvaged. The Project Monitor shall determine if the material is fully decontaminated prior to removal from the site.

13. After removal and cleanings are complete an authorized and qualified

Project Monitor shall visually inspect the work area as per ICR 56-9.2 (e).

If the area is determined to be acceptable and the most recent daily abatement air sample results meet 56-4.11 clearance criteria, the final dismantling of the site may begin.

Perimeter Air Sampling:

14. In addition to the requirement of Subpart 56-4.9(c), air monitoring shall be conducted daily at the perimeter of the work area.

15. A minimum of two upwind air samples shall be collected. The samples shall be spaced approximately 30 degrees apart from the prevailing wind direction.

16. A minimum of three downwind samples shall be collected. The samples shall be equally spaced in a 180-degree arc downwind from the source.

17. If more than one shift daily is required to accomplish the work, air monitoring within the work area during abatement shall be performed on each shift.

Soil/Earth/Dirt Cleanup:

18. After demolition debris has been removed, the site shall be inspected.

Any required cleanup shall include, all visible asbestos or suspect asbestos debris. Soil removal shall meet ASTM 1368 (latest edition), Section 9.1.1-9.1.5 inspection criteria.

19. No pieces of ACM shall be present on top of the soil.

20. Visibly contaminated soil or soil suspected of being contaminated shall be removed down to the level where no visible contamination is observed.

21. The Project Monitor shall write in the project log that the area has been cleaned and has passed a visual inspection.

Page 5 of 6 File Number 24-0195

Preparation of Waste Transport Equipment:

22. Bagged RACM and bulk RACM must be transported in double lined trailers as required by ICR 56-11.5 (c) (11).

23. Such trailers must be made air, dust, and watertight prior to leaving the site.

24. Demolition debris shall be adequately wet during handling and loading into trailers or other equipment.

25. Debris shall be secured to prevent movement during transport.

26. Usage of this variance is limited to those asbestos removals identified in this variance or as outlined in the Petitioner's proposal.

In addition to the conditions required by the above specific variances, the

Petitioner shall also comply with the following general conditions:

GENERAL CONDITIONS

1. A copy of this DECISION and the Petitioner's proposals shall be conspicuously displayed at the entrance to the personal decontamination enclosure.

2. This DECISION shall apply only to the removal of asbestos-containing materials from the aforementioned areas of the subject premises.

3. The Petitioner shall comply with all other applicable provisions of Industrial Code Rule 56-1 through 56-12.

4. The NYS Department of Labor Engineering Service Unit retains full authority to interpret this variance for compliance herewith and for compliance with Labor Law Article 30. Any deviation to the conditions leading to this variance shall render this variance Null and Void pursuant to 12NYCRR 56-

12.2. Any questions regarding the conditions supporting the need for this variance and/or regarding compliance hereto must be directed to the Engineering Services Unit for clarification.

Page 6 of 6 File Number 24-0195

5. This DECISION shall terminate on February 22, 2025.

Date: February 22, 2024.

ROBERTA L. REARDON

COMMISSIONER OF LABOR

By

Chek Beng Ng, P.E.

Professional Engineer 2 (Industrial)

PREPARED BY: Demissie Woyecha, P.E.

Professional Engineer 1 (Industrial)

REVIEWED BY: Chek Beng Ng, P.E.

Professional Engineer 2 (Industrial)

Division of Safety and Health Engineering Services Unit

Harriman State Office Campus Building 12, Room 154

Albany, NY 12240

Petition for an Asbestos Variance

To apply for an asbestos variance, the Project Designer must:

• Complete all of the information on pages one and two of this asbestos variance request. Please type or print.

• Sign and date page two of the certification and all of the attachments.

• Send two copies of the petition and all attachments, with your $350 fee, to the address at the top of this page.

o Make your check or money order payable to the Commissioner of Labor.

• Optional: To speed up the process you may include a self-addressed, stamped, express-mail envelope.

1 a. Is this petition related to a safety or health emergency? _____Yes _____No

b. If yes, explain: ________________________________________________________________________________________

2 a. Name of Petitioner (Property Owner): _____________________________________________________________

b. Street Address: _______________________________________________________________________________

c. City: ___________________________________________ d. State: ____________ e. Zip: ________________

f. Telephone Number: (______) _____ - ________ g. Fax Number: (______) _____ - ________

h. Petitioner’s Federal Employee Identification Number (FEIN) _________________________________

3 a. Petitioner’s Agent (Asbestos Contractor) Firm Name: _______________________________________________

b. Street Address: _______________________________________________________________________________

c. City: ___________________________________________ d. State: _____________ e. Zip: _______________

f. Telephone Number: (______) _____ - _________ g. Fax Number: (______) _____ - ________

4 a. Asbestos Contractor License No. ____________________ b. Name of Firm: _____________________________

5. Building Description:

a. Affecting premises known as: ____________________________________________________________________

b. These premises are situated on the ____North, ____South, ____East, ____West side of ____Street, ____Ave, ____Road.

c. County of ____________________________________________________________________________________

d. Street Address: _______________________________________________________________________________

e. City: ___________________________________________ f. State: _____________ g. Zip: _________________

h. Is building occupied? _____Yes _____No

i. Current function of building: ______________________________________________________________________

j. Approximate area (square feet) of building: ______________ k. Number of stories or height in feet: ______________

l. What is within 25 feet of all four sides (North, South, East, West) of building? i.e. sidewalk, alley, land, another building, etc.: __________________________________________________________________________________

6. Order To Comply or Notice of Violation. Attach copy.

a. Issued to: _____Owner _____Asbestos Contractor _____Operator ______Other

b. Name on Order or Notice: ____________________________________ c. Date issued: _____/_____/_____

d. List the Industrial Code Rule (ICR) citations given on the Order to Comply or Notice of Violation: ________________

7. If a variance has been granted previously for work closely resembling this project list:

a. Variance number: ______________________________________ b. Date variance granted: _____/_____/_____

SH 752 (04/18) Page 1 of 2

24-0195 02/21/2024 Page 1 of 59

DBanach Text Box x

DBanach Text Box

DBanach Text Box WCBC North LLC

DBanach Text Box 36 Center Street

DBanach Text Box Arcade

DBanach Text Box

NY

DBanach Text Box 14009

DBanach Text Box 585 786 3764

DBanach Text Box LaBella Associates

DBanach Text Box 300 State Street Suite 201

DBanach Text Box Rochester

DBanach Text Box

NY

DBanach Text Box 14614

DBanach Text Box 585 454 6100

DBanach Text Box LaBella Associates

DBanach Text Box 29278

DBanach Text Box Former Emkay Trading SIte

DBanach Text Box x

DBanach Text Box Wyoming

DBanach Text Box Arcade

DBanach Text Box

NY

DBanach Text Box 14009

DBanach Text Box x

DBanach Text Box Former Manufacturing Facility - Currently Vacant and abandoned

DBanach Text Box

> 100,000 SF

DBanach Text Box 2 and 3 Story

DBanach Text Box vegetation, grass, asphalt driveways, street, Creek to the South, houses and roads further than 25 feet to the North, East and West

DBanach Text Box

Note: Add a separate typed or printed page for each work area and work procedure. Sign and date each page.

8. Work Area Description Table: Attach additional tables and scale drawings of work area and pictures, as needed.

Work Area Designation

Exterior or Interior

Work/Room Area Dimensions

Type of Asbestos Containing Material (ACM)

Quantity of

ACM

Condition of ACM (level of damage)

Friability of

ACM

(non-friable or friable)

Type of Containment (full, 2-layer tent, single layer tent, open-air, etc.)

9. ICR 56 Relief Sought: List the individual sections of ICR 56 for which relief is sought, for each work area or method used.

Provide sufficient detail in an attachment. ________________________________________________________________________

10. Hardship Description: What is the hardship, (e.g. Limited room for decons, exhaust ducts must be longer than 25 feet, all surfaces are contaminated and cannot be plasticized) for each work area or method used? Provide sufficient detail in an attachment. Include condemnation letter or EPA Approval letter if applicable.____________________________________________

11. Proposed Abatement Method Description for each work area or method used: Include scale drawings and pictures as necessary. Lack of sufficient detail will delay issuance of variance decision.

a. Will proposed abatement methods render non-friable ACM material friable? _____ Yes No

b. What proposed abatement method, increased engineering controls and detailed procedures will be used to compensate for the relief being sought? (i.e. Increased negative air rate, negative pressure glovebag, negative pressure glovebox, high temperature glovebag, intact component removal, etc.) Include sufficiently detailed procedures to complete the proposed work.

Project Designer Certification

I request that the Commissioner of Labor issue a variance from the requirements of Industrial Code Rule (ICR) 56. This request is based on the information in this application and the attached documents.

I certify that the information contained in this petition is true and accurate.

I understand that if a variance is granted it may be withdrawn by the Commissioner if:

• Any of the information provided in this petition is found to be inaccurate

• There are violations of Article 30 of the New York State Labor Law or New York State regulations

I give the Commissioner of Labor permission to provide all of my companies records for Unemployment Insurance (UI) reports and contributions to employees of the New York State Department of Labor. This includes information about withholding, wage reporting, UI returns, UI registration, new hires, and all records of UI delinquencies. This information may only be used for government purposes regarding the licensing and certification of this company as required by Article 30 of the New York State Labor Law and the regulations of the New York State Department of Labor, and for monitoring the company’s compliance with Article 30 and ICR 56.

12 a. Project designer name (print): ___ ___ ___ ____ b. E-mail:______________________

c. Project Design Asbestos Contractor firm name: ______________________________________________________

d. Street: ______________________________________________________________________________________

e. City: ________________________ f. State: __________ g. Zip: ___________ h. Phone: ( ) -

i. Designer certificate number: __________________________________ j. Expiration Date: ______/_____/______

k. Design Firm Asbestos Contractor License Number______ __ l. Expiration Date: ______/_____/_______

13 a. Project designer signature: __________________________________________ b. Date: ______/_____/_______

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24-0195 02/21/2024 Page 2 of 59

DBanach Text Box

SEE ATTACHMENT

DBanach Text Box

SEE ATTACHMENT

DBanach Text Box

SEE ATTACHMENT

DBanach Text Box X

DBanach Text Box LaBella Associates

DBanach Text Box Derek Banach

DBanach Text Box dbanach@labellapc.com

DBanach Text Box 300 State Street Suite 201

DBanach Text Box Rochester

DBanach Text Box

NY

DBanach Text Box 14614

DBanach Text Box 716 710 3056

DBanach Text Box 10-11515

DBanach Text Box 10 31 2024

DBanach Text Box 29278

DBanach Text Box 03 31 2024

DBanach Text Box Project is controlled demolition

DBanach Text Box Derek Banach

DBanach

2 13 2024

Petitioner: WCBC North LLC

Petitioner’s Agent: LaBella Associates, D. P.C.

Project Description:

Asbestos Controlled Demolition and Clean Up of Former Emkay Trading Site

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ATTACHMENT A

Building/Work Area Description Form DOSH-752 (0208) Item 8

The Owner, Wyoming County Business Center (WCBC) North, LLC, a not-for-profit local development corporation, intends to immediately demolish the structures located at 58 Church Street within a primarily residential neighborhood in the Village of Arcade. The site is currently vacant and abandoned. Selective and unpermitted demolition and salvage operations over the last decade left the remnants of an industrial building complex on the site in a substantially deteriorated state. The structures to be demolished are constructed of mainly concrete, brick and block with wooden and metal support beams. A Phase II investigation of the site documented hazardous materials in the site’s buildings, debris piles, surface and subsurface soils and fill, and groundwater. Friable asbestos-containing material (ACM) and non-friable ACM was confirmed in demolition debris and in the remaining structures. WCBC North’s overall objective for this project is to remove the physical hazards currently associated with the site and facilitate the redevelopment of the site for a mixture of senior housing and commercial use.

This project work, utilizing an EPA funded grant, will address the removal of asbestos-containing demolition debris and the demolition of the remaining structures on the site. The project will be completed within Phases in order to maximize the allowable funds. Once these activities are complete, the designated private developer will complete the remediation of subsurface contamination under the New York State Brownfield Cleanup Program (BCP) and redevelop the site for the intended use. The goal of the cleanup work to be conducted under this grant is to prepare the site for remediation and redevelopment under the BCP by removing the contaminated demolition debris and building remnants.

A limited asbestos survey was completed of two structures and the surrounding debris piles in order to identify and confirm the presence of asbestos-containing materials (ACM) that would be impacted by demolition activities. The full report, a “Limited Pre-Demolition Asbestos Inspection” prepared by

LaBella Associates in August 2019 is attached to this petition.

The intention of this project is to follow NYS ICR 56 11.5 Controlled Demolition with Asbestos in

Place. However, due to the large amount of concrete, block, brick, plastic and other general non-acm / suspect components, we ask for the decontamination of these items to be permitted at the discretion of the Project Monitor. In addition, we ask that existing debris and debris generated from demolition activities, are removed from earth surfaces without requiring adjacent soil to be removed.

The soil on site contains known impact/ contamination as identified in LaBella’s Phase II

Environmental Site Assessment, also attached as an appendix to this petition. Building foundations, footers, pads, will most likely remain.

24-0195 02/21/2024 Page 3 of 59

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ATTACHMENT B

Proposed Abatement Methods Form DOSH-752 (0208) Item 11

Removal and handling of the asbestos-containing materials and asbestos contaminated materials shall be performed in accordance with this approved variance and all other applicable provisions of

ICR 56-11.5 Controlled Demolition with Asbestos in Place.

Full-Time Project Monitor:

1. A full-time independent project monitor shall be on-site and responsible for oversight of the abatement contractor during all abatement activities to ensure compliance with ICR 56 and variance conditions, and to ensure that no visible emissions are generated. If visible emissions are observed, work practices shall be altered according to the project monitor’s recommendations.

2. The Project Monitor shall perform the following functions during asbestos abatement projects in additions to functions already required by ICR-56:

a. Inspection of the interior of the asbestos project work area made at least twice every work shift accompanied by the Asbestos Supervisor;

b. Observe and monitor the activities of the asbestos abatement contractor to determine that proper work practices are used and are in compliance with all asbestos laws and regulations;

c. Inform the asbestos abatement contractor of work practices that, in the Project

Monitor's opinion, pose a threat to public health or the environment, and are not in compliance with ICR-56 and/or approved variances or other applicable rules and/or regulations;

d. Document in the Project Monitor Log observations and recommendations made to the Asbestos Supervisor based upon the interior/exterior observations of the asbestos project made by the PM.

3. The PM shall alert the nearest District Office of the NYSDOL Asbestos Control Bureau whenever, after the PM has provided recommendations to the Asbestos Supervisor, unresolved conditions remain at the asbestos project which present significant potential to adversely affect human health or the environment.

Secure the Work Site:

4. The entire controlled demolition area and all surrounding portions of the site to be utilized for demolition cleanup, staging areas and regulated abatement work areas, shall be enclosed within a barrier or fence. The intent of this barrier is to define the restricted area at the work site, alert the public to the asbestos work and associated hazards, and to prevent unauthorized entry onto the work site.

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5. Signage in accordance with the requirements of ICR 56-7.4(c) shall be posted on the exterior of the work site boundary fence/barrier, to warn the public of the asbestos hazard.

Establishment of Regulated Areas:

6. The regulated work areas, decontamination units, airlocks, and dumpster areas shall be cordoned off at a distance of twenty-five feet (25’) where possible and shall remain vacated except for certified workers until satisfactory clearance air monitoring results have been achieved or the abatement project is complete. These areas shall have Signage posted in accordance with Subpart 56-7.4(c) of this Code Rule. For areas where twenty-five feet isn’t possible, the areas shall be cordoned off as practical, and a daily abatement air sample shall be taken at the barrier.

Controlled Demolition Removals:

7. The provisions of 56-11.5 shall be followed for controlled demolition removals, except as modified by this variance.

8. Decontamination system enclosures and areas shall be constructed and utilized as per the requirements of 56-7.5(d) and 56-11.5.

9. Uncertified personnel shall not be allowed to access any regulated abatement work area, with the exception of waste hauler truck drivers. These truck drivers will be restricted to their enclosed cab, while temporarily in the regulated work area for waste transfer activities only.

All equipment operators utilized for demolition or removal activities within the regulated work area must be certified in compliance with ICR 56-3.2.

10. No dry disturbance or removal of asbestos material shall be permitted.

11. Wastewater shall be confined within the controlled demolition area.

12. All decontamination areas shall be within the regulated abatement work area. An equipment decontamination area shall be cordoned off within the worksite for cleaning of heavy equipment, i.e., backhoes, excavators, loaders, etc. The ground surface in this decontamination area shall be banked on the sides to confine the contaminated wastewater.

13. All barrier components, used filters, disposable PPW and similar items shall be considered to be asbestos-containing materials/asbestos contaminated waste and treated as RACM and disposed of accordingly.

14. Non-porous items such as structural steel members and other metal components that can be fully decontaminated may be salvaged.

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15. Additionally, any items such as concrete, block, masonry (brick) components, plastic, or other non-porous items will be demolished or removed and set aside in an organized fashion keeping these materials separate from the materials that will be disposed of as asbestos containing. These items will be segregated during clean-up/demolition activity and will be inspected by the on-site Project Monitor to confirm the absence of any suspect asbestos-containing material. The Project Monitor shall determine if the materials are fully decontaminated prior to removal from site.

16. All material shall be treated as RACM, except for those non suspect items and components that can be fully decontaminated as per above.

Debris / Soil Cleanup:

17. After demolition debris has been removed, the site shall be inspected. Any required cleanup shall include all visible asbestos or suspect asbestos debris.

18. Any required cleanup shall include all visible asbestos or suspected asbestos debris that exists on the top of the soil only. Since soil at the subject site is known to be contaminated with metals, SVOCs and VOCs cleanup of visible asbestos or suspected asbestos debris will be limited to hand-picking only. No mechanical cleanup methods will be allowed during cleanup activities when working on soil or earthen material. Mechanical cleanup methods can be utilized while working building pads and solid surfaces only.

19. No pieces of ACM shall be present on top of the soil.

20. The Project Monitor shall write in the project log that the area has been cleaned and has passed a visual inspection.

Perimeter Air Sampling:

21. In addition to the requirement of Subpart 56-4.9(c), air monitoring shall be conducted daily at the perimeter of the work area.

22. A minimum of two upwind air samples shall be collected. The samples shall be spaced approximately 30 degrees apart from the prevailing wind direction.

23. A minimum of three downwind samples shall be collected. The samples shall be equally spaced in a 180-degree arc downwind from the source.

24. If more than one shift daily is required to accomplish the work, air monitoring within the work area during abatement shall be performed on each shift.

25. After removal and cleanings are complete and a minimum drying period has elapsed, an authorized and qualified Project Monitor shall determine if the area is dry and free of visible asbestos debris/residue. If the area is determined to be acceptable and the most recent daily abatement air sample results meet 56-4.11 clearance criteria, the final dismantling of the site may begin.

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5 | P a g e

Preparation for Transporting Waste Off Site:

26. Bagged RACM and bulk RACM must be transported in double lined trailers as required by ICR

56-11.5 (c) (11).

27. Such trailers must be made air, dust, and watertight prior to leaving the site.

28. Demolition debris shall be adequately wet during handling and loading into trailers or other equipment.

29. Debris shall be secured to prevent movement during transport.

Signed: Date: 2/13/2024

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DBanach

Derek Banach

PHOTOS

02/21/2024 Page 8 of 59

Photo 1

Window Glazing

Barn

Photo 2

Gray / Blue Insulation Paper

Exterior Concrete Pad

Photo 3

Gray / Blue Insulation Paper

Exterior Concrete Pad / Debris Pile

Photo 4

Transite Panel

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Photo 5

Photo 6

Exterior Concrete Pad / Demolition Debris

Photo 7

Photo 8

Duplex Pipe Insulation

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Photo 9

Friable Debris on Asphalt Driveway

Photo 10

Photo 11

Roofing Debris

Exterior of Tank Building

Photo 12

Built Up Roofing Debris

Tank Building Annex

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Photo 13

Transite Siding

Tank Building

Photo 14

Galbestos Siding

Exterior Tank Building

Photo 15

General Site Photo

Photo 16

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INSPECTION REPORT

02/21/2024 Page 13 of 59

300 Pearl Street, Suite 130 | Buffalo, NY 14202 | p 716-551-6281 | f 716-551-6282 www.labellapc.com

Limited Pre-Demolition Asbestos-Containing

Materials Inspection

Location:

Former Emkay Trading Corporation

Barn and Tank Building

58 Church Street

Arcade, New York 14009

Prepared for:

Wyoming County

36 Center Street, Suite C

Warsaw, New York 14569

LaBella Project No. 2192470

August 2019

02/21/2024 Page 14 of 59

Table of Contents

Page No.

I. Project Description 1

II. Inspection Procedures 2

III. Inspection Limitations 2

IV. Inspection Results 3

V. Observations & Cautionary Statements 5

Asbestos Bulk Sample Summary Table T-1

Appendix A – Inspection Fact Sheet FS-1

Appendix B – Previous Asbestos Inspection Reports

Appendix C – Sample Location and Space Identification Drawings

Appendix D – Inspection Photos

Appendix E – Laboratory Analytical Reports

Appendix F – Asbestos Licenses and Certifications

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1 1

I. PROJECT DESCRIPTION

Wyoming County retained LaBella Associates, D.P.C. (LaBella) to conduct a limited survey of suspect

Asbestos Containing Materials (ACM) on a portion of the abandoned building complex located at 58

Church Street, Arcade, New York. Demolition and salvage operations have reportedly been ongoing at the project site for some time, and the purpose of LaBella’s survey was to:

1. Inspect the demolition debris remaining on the western portion of the site to identify and analyze suspect ACM, if present;

2. Inspect the remnants and debris associated with the partially razed building referred to as the Barn to identify and analyze suspect ACM, if present; and

3. Inspect the building referred to as the Tank Building to identify and analyze suspect ACM, if present.

In conjunction with this assignment, LaBella reviewed asbestos inspection reports for the Barn and

Tank Building previously completed by others involved with demolition and salvage operations. The previous report for the Barn indicated that no ACMs were present, while the previous report for the

Tank Building identified only portions of the roofing material as asbestos-containing.

LaBella’s field inspection identified numerous suspect ACMs comingled within the demolition debris located on the western portion of the site. Additionally, numerous suspect ACMs were identified in the Barn and Tank Building that had not been previously identified or analyzed in the previous reports. Laboratory analysis of samples of the suspect ACMs identified by LaBella confirmed that: (1) uncontrolled friable and non-friable ACM is present within demolition debris on the western portion of the site; (2) friable and non-friable ACM in the form of window glazing, pipe insulation, felt paper debris and roofing material is present within the Barn structure; and (3) numerous friable and non-friable ACMs including readily visible Galbestos and Transite siding are present in the Tank Building.

Pursuant to Industrial Code Rule 56 (12 NYCRR Part 56: Asbestos), the abatement or proper removal of the ACMs identified within the demolition debris, Barn and Tank Building is required prior to or in conjunction with activities that could disturb these materials, such as site grading, clearing or demolition.

This site has been vacant for a number of years and left exposed to the elements. The building envelope of multiple structures are failing site wide, with deficiencies in the floor, walls, and roofing systems. The inspection was limited to interior and exterior areas of the aforementioned areas that could be safely accessed. Certain areas of the buildings were excluded, or could not be fully inspected due to building envelope and structural deficiencies.

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2 2

II. INSPECTION PROCEDURES

The following procedures were used to obtain the data for this Report:

A. Existing documentation was requested for review. Two reports, one for the barn and one for the tank building, titled “Asbestos Sampling”, dated June, 2019, and prepared by Advanced

Contracting Services were reviewed to develop an understanding of the previously sampled materials and confirmed ACMs at the Site.

B. A visual inspection of the interior, exterior and roofing system of the buildings limited areas referenced above was conducted to identify visible and accessible sources of the above referenced suspect ACMs. Photographs captured during this inspection are attached in

Appendix C.

C. Bulk samples of accessible ACMs were collected and submitted for laboratory analysis.

D. Asbestos samples were submitted for laboratory analysis. Preliminary Polarized Light

Microscopy analyses of non-friable, organically bound (NOB) materials were performed by

LaBella Laboratories, a NYSDOH accredited laboratory, to determine the presence and percentage of asbestos in each sample. Transmission electron microscopy analyses of NOB materials, if necessary, were performed by AMA Laboratories.

E. Results of the laboratory analyses, field testing and the visual on-site inspection were compiled and summarized.

III. INSPECTION LIMITATIONS

This inspection was conducted in accordance with generally accepted environmental engineering practices for this region. Collection of bulk samples of suspect ACMs was limited to those materials readily accessible using hand tools or hand-held power tools. Homogeneous materials were identified and located based on visual observation from readily accessible points. The data derived from representative samples of any given homogeneous material represent conditions that apply only at that particular location. Inspection protocol and methodology requires that sample data be used to draw conclusions about the entire homogeneous area, but such conclusions may not necessarily apply to the general Site as a whole. No sub-surface investigations were performed to determine the possible presence of regulated materials on or in the immediate vicinity of the Site.

No record drawings of the building were available for review as part of this investigation.

LaBella makes no other warranty or representation, either expressed or implied, nor is one intended to be included as part of its services, proposals, contracts or reports. No asbestos inspection can wholly eliminate the uncertainty regarding the potential for undiscovered ACMs. The Work performed by LaBella is intended to reduce, but not eliminate, uncertainty regarding the potential for

ACMs at the Site. This asbestos inspection report is not intended to be a bid document for an abatement scope of work. This report is intended to satisfy the requirements of NYS Code Rule 56-5 for asbestos inspections. Abatement project design can only be performed by a certified Project

Designer.

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3 3

IV. INSPECTION RESULTS

Previously Identified Asbestos-Containing Materials (ACMs)

Based on review of the previously conducted Limited Asbestos Inspection (completed by Advanced

Contracting Services), the following confirmed ACMs are known to be present at the site:

Type of Material

Typical Location

Estimated

Amount

Friability

Condition

*No Asbestos Containing Materials Identified in Report*

Roof Various Levels and Locations 5,500 SF No N/A

Based on laboratory analyses of bulk samples collected on August 12, 2019, the following materials were determined to be asbestos containing materials. However, the following table does not include all of the materials sampled during this inspection; for a full list of materials sampled see the

Asbestos Bulk Sample Summary Table immediately following this report.

Field ID

Amount*

Barn Structure

2 Window Glazing On the exterior of all windows 35 SF Non-Friable Poor

Duplex Pipe

Insulation Western room of the Barn 20 LF Friable Poor

9 Felt Paper Debris In piles throughout the inside of the barn 100 SF Friable Poor

23 Roof System **** Western Section of Roof 2,400 SF Non-Friable Poor

Tank Building

13 Gasket At flange locations throughout the building and debris in space 1000 20 Gaskets Friable Poor

Magnesia Pipe

Insulation Space 1011 50 LF Friable Poor

Electrical

Components

(Switches/

Housing/Shielding)

Throughout the building and space 1014 150 SF Non-Friable Poor

Electrical Box

Insulation Paper Space 1014 <10 SF Friable Good

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4 4

Field ID

Amount*

Tank Building (continued)

Exterior Wall Vapor

Barrier Tar ****

On the interior of the tank building at exterior perimeter walls 2,000 SF Non-Friable Good

19 Galbestos Siding Around the exterior perimeter of the building 6,500 SF Friable Good

21 Transite Siding ****

Southern side of the roof at the tower and in the interstitial space

2,800 SF Non-Friable Good

22 Roof System ****

All sections of roof and interior spaces where the roof is collapsing

10,200 SF Non-Friable Poor

Exterior Areas Surrounding Both Barn and Tank Building

Gray / Blue Insulation

Paper (Debris)

In demolition debris piles or scattered around the exterior of the barn, tank building and concrete pad

23,000 SF

Friable Poor

5 Transite Debris

In demolition debris piles or scattered around the exterior of the barn, tank building and concrete pad

Included in

Field ID 4 Friable Poor

10 Roofing Debris At the exterior of the

Southwestern Wall

Included in

Field ID 4 Non-Friable Poor

Friable Insulation

Debris

Clay Tile Pad South of the Tank

Building

Included in

Field ID 4 Friable Poor

Built Up Roofing

Debris Collapsed into Space 1003

Included in

Field ID 4 Non-Friable Poor

*The quantity of material reported above was the amount observed during the site inspection, but may not include the full quantity of this material present throughout the building due to inaccessible areas and safety concerns. If the client intends to use this report as a bid document for contractor pricing, it is the responsibility of the contractor, not LaBella, to verify and confirm the final quantity of material to be removed.

**This material is considered to be non-friable in its current, intact condition. However, this material has the potential to become friable during any demolition activities.

***This material is in the form of debris and scattered throughout the site, both as individual pieces and also in construction debris piles. The debris can range from dime to paper size pieces.

**** This material was assumed to contain asbestos either based on LaBella’s experience with similar materials or the material as inaccessible at the time of inspection.

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5 5

V. OBSERVATIONS AND CAUTIONARY STATEMENTS

Vermiculite

Vermiculite has been used as loose insulation in attics, walls, CMU block, and as a component of plaster, fireproofing and other building materials. The NYS Department of Health considers

Vermiculite to be an asbestos-containing material, and that building materials containing more than

10% Vermiculite should be treated as asbestos-containing.

Vermiculite was not observed in spaces and materials inspected for this project. However, not all space were able to be inspected, and therefore the presence or extent of this material’s application throughout the building was not determined.

Cautionary measures should be taken during construction, renovation, and demolition to ensure that proper steps are taken if Vermiculite is discovered in previously inaccessible locations. If

Vermiculite is discovered, work should be stopped immediately to address the issue and prevent the uncontrolled release and distribution of an asbestos-containing material.

Potentially Hidden/Inaccessible ACMs

As previously stated, LaBella’s inspection was limited to the Barn, Tank Building and immediate grounds surrounding these buildings. A reasonable effort was made to inspect all spaces within the structures. Due to the condition of the buildings, collection of bulk samples of suspect ACMs was limited to those materials readily accessible. Although this inspection was conducted in a manner consistent with recognized professional practices, the potential does exist for additional ACMs to be inaccessible, hidden, and undiscovered in the area inspected.

Demolition / Asbestos Debris

Demolition debris piles were located throughout the areas inspected. Asbestos containing materials are comingled within the demolition debris. Therefore, all debris piles should be considered asbestos containing and handled appropriately.

According to regulations, personnel access to the areas affected shall be restricted until such time as the material is cleaned up by a licensed asbestos abatement contractor. For contamination cleanup scenarios, the notifiable quantity is the square footage of potentially contaminated surfaces. In addition, as the project involves the cleanup of over 10 sq. ft. of asbestos containing material a site-specific variance is required.

J:\Wyoming County\2192470 - 58 Church St Arcade Pre Demo\Reports\LaBella Associates - Former Emkay Trading Site 58 Church St

Arcade NY Limited Asbestos Inspection.doc

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Asbestos Bulk Sample

Summary Tables

02/21/2024 Page 21 of 59

Asbestos Bulk Sample Summary Table

Limited Pre-Demolition Asbestos-Containing Materials

58 Church St., Arcade, New York 14009

Items in Bold are Confirmed ACM

T-1 Limited Pre-Demolition Asbestos Inspection

Former Emkay Trading Corporation

LaBella Project 2192470

Sample #

Sample Location

Results %

Asbestos

1A

1B Gray Asphalt Shingle

Exterior Barn

Exterior Barn

None Detected

None Detected

2A

2B Window Glazing

Barn

Barn 4% Chrysotile

3A

3B Black Asphalt Shingle

Exterior Barn

Exterior Barn

None Detected

None Detected

4A Gray/ Blue Insulation

Paper Exterior Pad 80% Chrysotile

5A Transite Panel Exterior Pad 25% Chrysotile

6A

6B Vapor Barrier Under Siding

Barn

Barn

None Detected

None Detected

7A

7B Duplex Pipe Insulation

Barn

Tank Building 50% Chrysotile

8A

8B Drywall

Barn

Barn

None Detected

None Detected

9A

9B Felt Paper Debris

Exterior

Exterior 80% Chrysotile

10A

10B Roofing Debris

Exterior

Exterior 40% Chrysotile

11A Friable Insulation Debris Tank Building 67% Chrysotile

12A

12B Built Up Roofing Debris

Tank Building

Tank Building 57% Chrysotile

13A

13B Gasket

Tank Building

Tank Building 67% Chrysotile

14A

14B

14C

Ca…