WCBC North LLC Asbestos Controlled Demolition and Brownfield Clean-up of Former Emkay Trading Site.pdf

LaBella Associates, D.P.C. Asbestos Controlled Demolition and Brownfield February 2024

Project No. 2232588 Clean Up of Former Emkay Trading Site

WCBC North LLC.

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PROJECT MANUAL: TABLE OF CONTENTS

Division 00 – Procurement And Contracting Requirements

001113 Advertisement for Bids

002200 Instructions to Bidders

002513 Prebid Meeting

004116 Bid Proposal

004330 Non-Collusive Bidding Certificate

005000 MBE/ WBE Requirements

006000 Owner Contractor Agreement

007000 Licensing & Permitting

Division 01 – General Requirements

012700 Basis of Measurement and Payment

015000 Temporary Facilities and Controls

015500 Health, Safety and Emergency Response

015500 Traffic Control

015620 Dust Control

015690 Environmental Protection

017100 Cleaning

017419 Construction Waste Management and Disposal

Division 02 – Existing Conditions

020800 Asbestos Abatement

020900 Waste Characterization, Removal & Disposal

022300 Transportation and Disposal

024116 Structure Demolition

Division 31 – Earthwork

311000 Site Clearing

312000 Earth Moving

312500 Erosion Control

Division 32 – Exterior Improvements

323113 Site Fences and Gates

Drawings

C101 Overall Site Plan

C501 Erosion Control Plan

C502 Construction Details

HM 100 Hazardous Materials Abatement Plan

Appendix A

• RBM Inspection Report

Appendix B

• Site Specific Variance

Appendix C

• EPA General Terms and Conditions

Appendix D

• Bond Forms

ADVERTISEMENT FOR BIDS 001113 - 1

SECTION 001113 – ADVERTISEMENT FOR BIDS

PART 1 - Advertisement for Bids

1.1 PROJECT INFORMATION

A. Notice to Bidders: Qualified bidders may submit bids for the project as described in this

Document. Submit bids according to the Instructions to Bidders.

B. Project Identification: Asbestos Controlled Demolition Services

1. Project Location:

a. 58 Church Street, Arcade, NY 14009

C. Owner: WCBC North LLC, 36 Center Street, Warsaw, NY 14569. (585) 786-3764

1. Owner's Representatives:

a. Mr. James Pierce

D. Environmental Consultant: LaBella Associates, D.P.C., Buffalo, NY 14202. (716) 551-

1. Primary Contacts:

a. Robert Napieralski, Vice President

b. Derek Banach, Environmental Project Manager

c. Andrew Benkleman, Environmental Project Manager

E. Project Description: The project site consists of two contiguous parcels owned by WCBC

North, LLC (WCBC North) and located at 58 Church Street in the Village of Arcade, Wyoming County, New York. Selective unpermitted demolition and salvage activities over the last decade left remnants of an industrial building complex on the site in a substantially deteriorated state. The site is currently vacant and abandoned. Investigations of the site have documented the presence of (1) asbestos-containing material (ACM) in demolition debris and the remaining structures, and (2) fill, soil and groundwater that has been impacted by organic and inorganic contaminants at levels that exceed applicable regulatory thresholds. Friable ACM was confirmed in the demolition debris and in the remaining structures. WCBC North was awarded a United States Environmental

Protection Agency (USEPA) Brownfield Cleanup Grant to advance the redevelopment process at the site through the removal of asbestos-containing demolition debris and the demolition and removal of the remaining structures. The funding to perform these specific activities is being provided pursuant to a Cooperative Agreement ratified by WCBC

North and the USEPA. Overall coordination of the Cooperative Agreement will be carried out by the WCBC North Project Manager, with technical assistance and oversight performed by a Qualified Environmental Professional (QEP) firm. WCBC North has

WCBC North LLC.

ADVERTISEMENT FOR BIDS 001113 - 2

retained LaBella Associates, DPC to fulfil the role of QEP. The remediation of subsurface contamination under the New York State Brownfield Cleanup Program (BCP) and subsequent site redevelopment will be conducted by a designated private developer under a separate initiative after the USEPA-funded activities are complete.

1.2 BID SUBMITTAL

A. Owner will receive lump sum bids until the bid time and date at the location given below.

Owner will consider bids prepared in compliance with the Instructions to Bidders issued by Owner, and delivered as follows:

1. Bid Date: March 22, 2024.

2. Bid Time: 2:00 p.m., local time.

3. Location:

a. WCBC Office, 36 Center Street, Warsaw, NY 14569; or

b. Email, James Pierce - jpierce@wycoida.org

Late submissions will not be accepted.

WCBC North LLC reserves the right to reject all submittals that do not comply with these instructions. Proposals will not be returned and will become the property of the WCBC

North LLC once submitted. Expenses incurred in the preparation of the proposals are borne out by the respondent with the understanding that they may not apply to the WCBC

North LLC for reimbursement of these expenses. Federal funding is being used for this project, therefore all work is subject to the requirements of the Cooperative Agreement between Wyoming County and the United States Environmental Protection Agency

(USEPA). The Cooperative Agreement is available at https://wycoida.org/storage/files/5231212/Emkay%2096213000%20Award%20Agreem ent.pdf

Work is being done outside of a New York State brownfields program therefore, document review and approval will be done by USEPA. All work performed must comply with applicable local, state, and federal regulatory requirements, and other professional practices and standards as necessitated by project conditions and job requirements.

Davis Bacon prevailing wage rates apply to all construction, alteration and repair activity involving the remediation of hazardous substances, including excavation and removal of hazardous substances, construction of caps, barriers, structures which house treatment equipment, and abatement of contamination in buildings. For hazardous substance remediation, the Heavy Construction wage classification should be used. Wage determinations can be found at: https://beta.sam.gov

ADVERTISEMENT FOR BIDS 001113 - 3

PREBID MEETING

B. Prebid Meeting: See Document 002513 "Prebid Meeting” for agenda.

1. Meeting Date: March 4, 2024.

2. Meeting Time: 10:00 a.m., local time.

a. Location: 58 Church Street, Arcade, NY 14009

3. Walk-Through: A brief walk-through of the site building will be conducted.

1.3 BIDDER'S QUALIFICATIONS

A. Bidders must be properly licensed under the laws governing their respective trades and be able to obtain insurance required for the Work.

END OF SECTION 001113

ADVERTISEMENT FOR BIDS 001113 - 4

INSTRUCTIONS TO BIDDERS 002200 - 1

SECTION 002200 - INSTRUCTIONS TO BIDDERS

1.1 INSTRUCTIONS TO BIDDERS

A. All bids shall be addressed in care of WCBC North LLC. Bids may be submitted to the

WCBC North Office at 36 Center Street, Warsaw, NY 14569.

B. Bids shall be submitted on the Proposal Sheet provided with these specifications.

C. Non-Collusive Bidding Certificate must be completed, signed and returned with the

Proposal Sheet.

D. Security Accompanying Proposal (Proposal Guaranty). Each proposal shall be accompanied by a certified check or bank draft of the Bidder payable to the Owner in an amount of ten thousand dollars and zero cents ($10,000). Said check shall be duly certified by an incorporated bank or trust company; or, in lieu of such certified check, the proposal must be accompanied by a Proposal Bond running to the Owner and executed by the Bidder as principal and by a duly incorporated company authorized to guaranty the performance of Contracts and to do business in the State of New York as

Surety, in the penal amount of ten thousand dollars and zero cents ($10,000), conditioned that, if the proposal accompanying the bond is accepted, the principal named in such bond will, whenever required, enter into a -written Contract for the performance of the work and improvement mentioned in such proposal in accordance with the terms and conditions as provided in the Plans and Specifications, and will furnish the Proposal

Bond as herein provided, and that the penal sum of such Proposal Bond in the amount of ten thousand dollars and zero cents ($10,000) thereof shall be and become the minimum amount of damages suffered by the Owner as liquidated damages if the accepted Bidder fails to enter into the Contract and furnish the required bonds upon notice as herein prescribed.

E. Performance Bond And Labor And Material Payment Bond. The accepted Bidder shall furnish both a Performance Bond and a Labor and Material

Payment Bond running to the Owner each in the penal amount of 100% of the

Contract price to be executed by the Bidder as principal and by a duly incorporated company authorized to guarantee the performance of contracts and to do business in the State of New York as Surety, conditioned for the faithful and complete performance of such Contract in strict compliance with the Plans and Specifications, and also for the payment of all materials and services rendered in the execution of the

Contract, and that any person or-corporation furnishing such materials or rendering such services may maintain an action to recover the same against the obligors in the bond, as though such person of corporation was named therein, provided the action is brought within one ( l) year after the time the cause of action accrued.

INSTRUCTIONS TO BIDDERS 002200 - 2

F. Qualifications and Experience – Provide descriptions of similar projects including contact person and telephone number for each project. Experience working on similar USEPA funded projects that have been completed in New York State is preferred.

G. Organization and Management - Provide an organizational chart identifying key project personnel, including any subcontractors being used, and describe the qualifications and experience of the staff that will be assigned to the project. Please include the office location of assigned project staff. This section should also describe the bidder’s approach to satisfying MBE/WBE participation goals as described in the Cooperative Agreement between Wyoming County and USEPA.

H. Project Schedule – Include a project schedule showing starting and completion dates for all tasks.

I. Unless otherwise provided, all bids shall be submitted on the forms provided. Unsolicited bids not conforming to the specifications or forms shall not be considered.

J. WCBC North LLC reserves the right to award a contract to a firm other than the firm offering the lowest overall cost. The contract resulting from this solicitation, if any, shall be awarded to the highest rated responsive and responsible firm based on the evaluation criteria set forth in this RFP. Nothing contained herein shall obligate the WCBC North to award a contract on the basis of this solicitation. Any contract award is subject to compliance with all provisions of Federal, State and Local Laws and Executive Orders requiring affirmative action and equal employment opportunity.

K. It is the intention of WCBC North to select one firm based solely on this RFP and the quality of the submittals received. Selected and non-selected firms will be notified in writing. The selected firm should be prepared to begin work immediately upon execution of an agreement.

L. Total cost for asbestos controlled demolition and clean up as directed on the bid form shall be submitted.

M. Cost of the abatement shall conform to the specification documents provided.

N. If there are any questions concerning these specifications, please contact LaBella

Associates, D.P.C. via telephone at (716) 710-3056 or via email at dbanach@labellapc.com.

O. The successful Bidder shall be required to execute an "AGREEMENT FOR

SERVICES/MATERIALS" contract upon acceptance. The bidder shall conform to the

"ADDITIONAL TERMS AND CONDITIONS" contained on the Agreement form.

P. The successful Bidder, upon acceptance, shall provide insurance as required, naming the

WCBC North LLC as an additional insured and provides the following coverages: 1)

Pollution liability in a general aggregate of $2,000,000; and 2) General Liability with mailto:dbanach@labellapc.com

INSTRUCTIONS TO BIDDERS 002200 - 3

$1,000,000/$2,000,000 for each occurrence/general aggregate; and 3) Workers

Compensation.

END OF SECTION 002200

INSTRUCTIONS TO BIDDERS 002200 - 4

PREBID MEETING 002513 - 1

SECTION 002513 - PREBID MEETING

PART 1 - Prebid Meeting

1.1 PREBID MEETING

A. Environmental Project Manager will conduct a Prebid meeting as indicated below:

1. Meeting Date: March 4, 2024.

2. Meeting Time: 10:00 a.m., local time.

3. Location: 58 Church Street, Arcade, NY 14009

*All Attendees must wear hard hat, safety vests, safety glasses and appropriate footwear. Be advised project involves control demolition of unsound buildings and cleanup of incidental disturbances.

B. Attendance:

1. Abatement Contractors: Attendance at Pre-bid meeting is highly recommended.

C. Bidder Questions: No questions will be answered at pre-bid meeting. All questions must be submitted as an RFI to James Pierce at jpierce@wycoida.org. RFI's will be answered or clarified via email response. RFI's will not be accepted after 4:00 p.m., March 8, 2024.

1. Refer to the RFI form at the end of this section for use in requesting pre-bid information.

2. RFI’s will be formally answered and submitted to all contractors.

D. Bids Due:

1. Bid Date: March 22, 2024.

2. Bid Time: 2:00 p.m., local time.

3. Location:

a. WCBC North Office, 36 Center Street, Warsaw, NY 14569

END OF SECTION 002513

PREBID MEETING 002513 - 2

PRE-BID REQUEST FOR INFORMATION

Requesting Contractor:

Date of Request:

Contractor RFI No.

Information Requested:

Requested By: Please Respond By:

Contractor’s Suggested Solution: (If Any)

BID PROPOSAL 004116 - 1

SECTION 004116 – BID PROPOSAL

ASBESTOS CONTROLLED DEMOLITION CONTRACT WORK

1.0 BID PROPOSAL LETTER

Wyoming County Business Center (WCBC) North LLC.

Project Location:

Former Emkay Trading Site

58 Church Street

Arcade, NY 14009

Submitted by:

(Contractor)

Gentlemen:

The undersigned Bidder has carefully examined the form and content of the Contract for:

WCBC North LLC – 58 Church Street, Arcade, NY 14009 - Asbestos Controlled Demolition and hereby proposes to do all the work and furnish all the materials and equipment required in strict accordance with the specifications.

2.00 PRICING AND PROPOSAL DATA

2.01 SCOPE

The Bidder agrees to furnish the materials, equipment, labor, skill, and all other items necessary for the Construction of:

WCBC North LLC – 58 Church Street, Arcade, NY 14009 -Asbestos Controlled Demolition

BID PROPOSAL 004116 - 2

2.02 TOTAL LUMP SUM PRICE BID

The Contractor by submission of this bid acknowledges the Owner's right to reduce the scope of work by deleting one or more work items, totally or partially, and agrees to accept as full payment for the portion of the work completed the pro-rated share of the Total Contract Amount.

BASE BID ITEMS

Item 1 Asbestos Controlled Demolition and Debris Removal as Defined by Phase 1 on Hazardous Materials

Abatement Plan and Civil Drawing Set

TOTAL BASE BID ALL ITEMS $ (numerals)

(words) ___________________________________________________________________________

ALTERNATE BID ITEMS

Item 2 Asbestos Controlled Demolition and Debris Removal as Defined by Phase 2 on Hazardous Materials

Item 3 Asbestos Controlled Demolition and Debris Removal as Defined by Phase 3 on Hazardous Materials

Item 4 Asbestos Controlled Demolition and Debris Removal as Defined by Phase 4 on Hazardous Materials

Item 1A Foundations, Footer and Pad Demolition and Removal as Defined by Phase 1 on Hazardous Materials

BID PROPOSAL 004116 - 3

Item 2A Foundations, Footer and Pad Demolition and Removal as Defined by Phase 2 on Hazardous Materials

Item 3A Foundations, Footer and Pad Demolition and Removal as Defined by Phase 3 on Hazardous Materials

Item 4A Foundations, Footer and Pad Demolition and Removal as Defined by Phase 4 on Hazardous Materials

Item 5 Safety/ Security Fence Installation as Defined by the

Civil Drawing Set (Approximately 250 – 350 LF will be required)

TOTAL ALTERNATE BID ALL ITEMS $ (numerals)

(words) ___________________________________________________________________________

ALLOWANCE – Container Characterization and Disposal

This project will carry an allowance in the amount of _$10,000____for the testing, analysis, and proper disposal of unidentified bulk storage containers that may be encountered during building demolition.

BID PROPOSAL 004116 - 4

2.05 SIGNATURE

DATED: ______________________________________________________________

NAME OF BIDDER: ____________________________________________________

BY: _________________________________________________________________

(signature)

ADDRESS OF BIDDER: __________________________________________________

END OF SECTION 004116

NON-COLLUSIVE BIDDING CERTIFICATE 004330 - 1

SECTION 004330 - NON-COLLUSIVE BIDDING CERTIFICATE

By submission of this bid, each bidder and each person signing on behalf of any bidder, certifies, and in case of a joint bid, each party hereto certifies as to its organization, under penalty of perjury, that to the best of knowledge and belief:

1. The prices in this bid have been arrived at independently without collusion, consultation, communication, or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or with any competitor.

2. Unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to the opening, directly or indirectly, to any other bidder or to any competitor.

3. No attempt has been made or will be made by the bidder to induce any other person, partnership, or corporation to submit or not to submit a bid for the purpose of restricting competition.

STATE OF _________________________________________________________________

COUNTY OF_ ________________________________________________________________

CITY OF _________________________________________________________________

SS ______________________________

Signature of Bidder

Business Address of Bidder

Date

END OF SECTION 004330

NON-COLLUSIVE BIDDING CERTIFICATE 004330 - 2

SECTION 005000 – MBE / WBE REQUIREMENTS

MBE/WBE SIX GOOD FAITH EFFORTS

The Good Faith Efforts are methods used by all EPA recipients to ensure Disadvantaged

Business Enterprises (DBE) have the opportunity to compete for procurements funded by EPA financial assistance dollars. 40 CFR Part §33.301(h) requires recipients to make Good Faith

Efforts whenever procuring construction, equipment, services and supplies under an EPA financial assistance agreement.

40 CFR Part §33.301(d) requires recipients to document its methods used to adhere to the Good

Faith Efforts and retain the documentation in the recipient's records; this documentation should include, but is not limited to, email logs, phone logs, electronic searches and communication, handouts, flyers or similar records. In addition, if one or more of the Good Faith Efforts cannot be performed, the circumstances that have prohibited the full execution of each step must be documented and retained in the recipient's records 40 CFR Part §33.501(b) requires recipients with Continuing Environmental Program Grants or other annual assistance agreements to create and maintain a bidders list.

Recipients are required to:

1 - Document how it made DBEs aware of contracting opportunities to the fullest extent practicable through outreach and recruitment activities. For Indian Tribal, State and Local and Government recipients, this will include placing DBEs on solicitation lists and soliciting them whenever they are potential sources. Or document why this effort could not be performed, including the circumstances that have prohibited execution of this effort.

2 - Document how it will make information on forthcoming opportunities available to

DBEs and arrange time frames for contracts and establish delivery schedules, where the requirements permit, in a way that encourages and facilitates participation by DBEs in the competitive process. Or document why this effort could not be performed, including the circumstances that have prohibited execution of this effort.

3 - Document how it will consider in the contracting process whether firms competing for large contracts could subcontract, or document why this effort cannot be performed, including the circumstances that have prohibited execution of this effort.

4 - Document how it will encourage contracting with a consortium of DBEs when a contract is too large for one of these firms to handle individually, or document why this effort cannot be performed, including the circumstances that have prohibited execution of this effort.

Include in each procurement contract, including entities receiving an identified loan under a financial assistance agreement to capitalize a revolving loan fund, the following condition:

The contractor shall not discriminate on the basis of race, color, national origin or sex in the performance of this contract. The contractor shall carry out applicable requirements of 40 CFR part 33 in the award and administration of contracts awarded under EPA financial assistance agreements. Failure by the contractor to carry out these requirements is a material breach of this contract which may result in the termination of this contract or other legally available remedies.

5 - To ensure Good Faith Efforts compliance, the DBE requirements and contract condition is passed down to all sub-recipients, prime contractors and loan recipients.

DBE Contract Administration Requirements

Recipients must adhere to the following contract administration requirements:

1. Require the recipient’s prime contractor to pay its subcontractor for satisfactory performance no more than 30 days from the prime contractor’s receipt of payment from the recipient.

2. Require the recipient’s prime contractor to notify the recipient in writing prior to any termination of a DBE subcontractor for convenience by the prime contractor.

3. Require the recipient’s prime contractor to employ the six good faith efforts described in §33.301 in procurement of goods and services.

4. If a DBE subcontractor fails to complete work under the subcontract for any reason, the recipient must require the prime contractor to employ the six good faith efforts described in §33.301 if soliciting a replacement subcontractor.

5. Ensure that each procurement contract it awards contains the term and condition specified in the appendix concerning compliance with the requirements of this part.

6. Ensure that the term and condition in the appendix is included in each procurement contract awarded by an entity receiving an identified loan under a financial assistance agreement to capitalize a revolving loan fund.

For additional information please visit

PART 33—PARTICIPATION BY DISADVANTAGED BUSINESS ENTERPRISES IN

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY PROGRAMS

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OWNER CONTRACTOR AGREEMENT 006000 - 1

SECTION 006000 – OWNER CONTRACTOR AGREEMENT

OWNER CONTRACTOR AGREEMENT 006000 - 1

AGREEMENT FOR _______________________________ SERVICES

FOR ___________________________________________.

THIS AGREEMENT made this ___ day of ________2024, by and between the WYOMING COUNTY

BUSINESS CENTER (WCBC) NORTH LLC, a local development corporation organized and existing under the laws of the State of New York, having its principal offices at 36 Center Street, Warsaw, New

York 14569, hereinafter referred to as "WCBC North", and __________________________ , an organization with an office at ____________________________________________________, hereinafter referred to as "CONTRACTOR".

WITNESETH:

WHEREAS, the WCBC North is in need of professional abatement services to support the

Asbestos Controlled Demolition and Brownfield Clean Up of the former Emkay Trading Site to provide construction services as denoted in the Drawings, Project Manuals and all other Contract Documents referenced herein ( the “XXX” or the “Project”), and

WHEREAS, the WCBC North, sent out a Request for Proposals and Contractor submitted the lowest qualified proposal to perform the above services, now therefore, NOW, THEREFORE, in consideration of the mutual promises and undertakings herein, and other good and valuable consideration, the sufficiency of which are hereby acknowledged, Contractor and the

Client agree as follows:

1. Contract Documents: The following contract documents collectively comprise the agreement between

Contractor and the Client:

(a) This Agreement

(b) EPA General Terms and Conditions Effective October 1, 2021 (Exhibit B)

FOR GOOD AND VALUABLE CONSIDERATION, the parties do hereby agree as follows:

1. TERM. The term of this contract shall commence on __________________2024 and continue until, on, or about _______________2024.

2. AMENDMENT OR TERMINATION. This contract may be amended at any time during the term hereof by mutual written agreement of the parties. This contract may be terminated at any time by either party upon the giving of thirty (30) days written notice to the other party; however, in the event the Contractor defaults in the performance of any of its obligations under this contract, the WCBC may terminate the contract effective upon written notice at any time for any reason. The WCBC reserves the right to perform any aspect of the work called for in the Scope of Services if there are sufficient WCBC resources available for that specific task(s). The Contractor would be given sufficient written notice by the WCBC in this regard.

3. SCOPE OF SERVICES. The Contractor shall perform the services in accordance with the

Request for Proposals for ________________________ for _______________________________ dated_____________, and the annexed “Proposal” from ______________________________ dated

__________________________ as Schedule “A.”

4. ADDITIONAL SERVICES. If the Contractor is of the opinion that any service the Contractor has been directed to perform is beyond the scope of this Contract and constituted an additional service, the Contractor shall promptly notify WCBC North, in writing, of this fact prior to beginning to perform the service. WCBC North shall be the sole judge as to whether or not such service is in fact beyond the scope of this Contract and constitutes extra work. In the event that WCBC North determines that such service does constitute an additional service, WCBC North shall provide extra compensation to the

Contractor in a fair and equitable manner. If necessary, a Supplemental Agreement providing the compensation and describing the service authorized shall be issued by WCBC North to the Contractor for execution after approvals have been obtained from necessary WCBC North officials.

5. AUTHORIZATION TO PROCEED WITH THE SERVICES. WCBC’s execution of this

Contract shall constitute notification to proceed with the services listed herein,

6. PAYMENT. WCBC North shall pay to the Contractor for services rendered pursuant to this contract an amount not to exceed _____________________________________________ Dollars

($___________) in accordance with Schedule A, which is attached hereto and made a part hereof. The

GLDC shall pay the Contractor within thirty days after submission of the payment request and/or invoice, together with any other documentation that WCBC North deems necessary and appropriate.

7. WITHHOLDING FROM PAYMENTS. WCBC North agrees not to withhold from the payments provided in paragraph 6 above, any sums for State or Federal Income Tax, unemployment insurance, workers' compensation, disability insurance, or social security insurance (FICA). The

Contractor understands and represents to WCBC North that such insurance and tax payments are the sole responsibility of the Contractor. The Contractor shall indemnify and hold the GLDC harmless from all loss or liability incurred by WCBC North as a result of WCBC North not making such payments or withholdings.

8. NON-ASSIGNMENT. The Contractor shall not assign, transfer, sublet or otherwise dispose of this contract, or of its right, title or interest in this contract, or its power to execute the same, to any other person or corporation without the previous consent, in writing, of the Manager of WCBC North. An assignment of this contract shall not relieve the assignor of its obligations hereunder. In the event of assignment, all the provisions herein shall be binding upon and inure to the benefit of the respective successors and assignees to the same extent as if each such successor or assignee were named as a party to the contract.

9. INDEPENDENT CONTRACTOR. It is intended by both the Contractor and WCBC North that the Contractor's status be that of an independent contractor status then it is agreed that both WCBC

North and the Contractor shall have the right to participate in any conference, discussion, or negotiation with the governmental agency, irrespective of with whom, or by whom, such discussions or negotiations are initiated.

10. CHALLENGES TO INDEPENDENT CONTRACTOR STATUS. If the Internal Revenue

Service or any other governmental agency questions or challenges the Contractor's independent contractor status, then it is agreed that both WCBC North and the Contractor shall have the right to participate in any conference, discussion, or negotiation with the governmental agency, irrespective of with whom, or by whom, such discussions or negotiations are initiated.

11. COMPLIANCE WITH LAWS. The Contractor shall perform in accordance with all applicable

Federal, State and Local Laws, rules, and regulations in effect at the time services are performed. All statutory provisions applicable to this contract are hereby incorporated by reference.

12. SEVERABILITY. In the event any provision of this contract shall be or become invalid under any provision of Federal, State, or local law, such invalidity shall not affect the validity or enforceability of any other provision hereof.

13. CONTRACT INTEREST. No officer or employee of WCBC North, who is authorized in such capacity and on behalf of WCBC North to negotiate, make, accept, or approve, or to take part in negotiating, making, accepting, or approving this contract, shall become directly or indirectly interested personally in this contract, or in any part hereof. No officer or employee of, or for WCBC North, who is authorized in such capacity and on behalf of WCBC North to exercise any supervisory or administrative function in connection with this contract, shall become directly or indirectly interested personally in this contract or in any part hereof.

14. LITIGATION. In the event any litigation shall arise from this contract, the laws of the State of

New York shall control any litigation, regardless of which party shall institute such action.

15. GENERAL INDEMNIFICATION. Except for claims of: 1.) negligent acts in the performance of professional services by the Contractor, its employees, and/or its sub-contractor(s), under this contract or 2.) errors or omissions in the performance of professional services by the Contractor, its employees and/or its sub-contractor(s), under this contract, Contractor agrees to indemnify WCBC North, its officers, administrators, and employees, and shall hold them harmless from any liability, claim, demand, loss, judgment, expenses and costs of every nature, including reasonable legal fees and the costs of defense, for the acts of the Contractor, its employees, and/or its sub-contractors arising from this agreement. Additionally, the Contractor agrees to name WCBC North as an additionally insured pursuant to the Contractor’s commercial general liability and automotive policies of insurance. Such obligation to WCBC North shall not be construed to negate, abridge, or reduce other rights of indemnity which would otherwise exist. This provision shall supersede any other provision in this Agreement deemed to be in conflict unless specifically stated otherwise.

If WCBC North tenders a claim for indemnification pursuant to this paragraph to the Contractor, and in the event that Contractor or its insurance carrier refuses to provide a defense or indemnification or the

Contractor or its insurance carrier provides a defense but reserves their rights on providing indemnification to WCBC North, WCBC North shall have the right to select the attorney to represent it.

16. PROFESSIONAL SERVICES INDEMNIFICATION: Contractor agrees to indemnify WCBC

North, its officers, administrators and employees, and shall hold them harmless from any liability, claim, demand, loss, judgment, expenses and costs of every nature, including reasonable legal fees and the costs of defense, to the extent caused by the 1.) negligent acts in the performance of professional services by the

Contractor, its employees, and/or its sub-contractor(s), under this contract or 2.) errors or omissions arising out of the performance of professional services by the Contractor, its employees, and/or its sub-contractor(s), under this contract.

If WCBC North tenders a claim for indemnification pursuant to this paragraph to the Contractor, and in the event that the Contractor or its insurance carrier refuses to provide a defense or indemnification or the contractor or its insurance carrier provides a defense but reserves their rights on providing indemnification to WCBC North, WCBC North shall have the right to select the attorney to represent it.

17. INSURANCE. The Contractor shall secure and maintain, at its own cost and expense, insurance coverage specified in Schedule A, which is attached hereto and made a part hereof.

IN WITNESS WHEREOF, the parties have made and executed this Agreement the day and year first above written.

WCBC ______________________________

Contractor

By Date By Date

Title

36 Center Street ______________________________

Business Address Business Address

Warsaw, NY 14569 _______________________________

City State Zip City State Zip

SCHEDULE A

Proposal for Asbestos Controlled Demolition and Brownfield Clean Up of

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

LICENSING & PERMITTING 000006 - 1

SECTION 000006 – LICENSING & PERMIT INFORMATION

PART 1 - SUMMARY

1.1 COSTS

A. The Contractor shall obtain and pay for all licensing and permits required to complete the work.

All related costs are to be included in the Contractor’s bid. The Contractor is responsible to ascertain and obtain all permits and licensing to perform the work, whether such permits and licensing are required by the Village of Arcade or other regulating entity.

1.2 LICENSING

A. Contractors performing project work must be duly licensed with the Village of Arcade and by other entities governing the work.

*This listing is not intended to be all inclusive. The contractor is responsible to ascertain and obtain all permits and licensing to perform the work including any not otherwise referenced herein.

PART 2 - PRODUCTS (Not Used)

PART 3 - EXECUTION (Not Used)

END OF SECTION 000006

LICENSING & PERMITTING 000006 - 2

BASIS OF MEASUREMENT AND PAYMENT 012700 - 1

SECTION 012700 - BASIS OF MEASUREMENT AND PAYMENT

PART 1 – GENERAL

1.1 DESCRIPTION

A. The items listed below beginning with Part 2 refer to and are the same bid items listed in the Bidder’s Proposal. They constitute all of the bid items for the completion of the work. No separate payment will be made for providing miscellaneous, temporary or accessory work, plant, services, Contractor’s field offices, erosion control, mobilization, sanitary requirements, testing, temporary security measures, surveying, safety devices, water, power, removal of waste, watchmen, mobilization, bonds, insurance, permit compliance, and all other requirements of the General Conditions, and the Special Conditions.

Compensation for all services and materials including overhead and profit shall be included in the prices stipulated for the lump sum and unit price items listed herein.

B. The Contractor shall furnish all labor, materials, tools, equipment, services, and all appurtenances necessary to perform all work required, at the unit or lump sum prices for the items listed in the Bidder’s Proposal. Each bid item shall include all costs to perform all work to complete each item.

1.2 ESTIMATE OF QUANTITIES

A. Estimated quantities for unit price pay items, as identified in the Bid Schedule, are approximate only and are included solely for the purpose of comparison of bids. The Owner does not expressly or by implication agree that the nature of the materials encountered either above or below the surface of the ground or the actual quantities of the material encountered will correspond therewith and reserves the right to increase or decrease any quantity as the Owner may deem necessary. The Contractor or the Owner will not be entitled to any adjustment in a unit bid price as a result of any change in an estimated quantity and agrees to accept the aforesaid unit bid prices as complete and total compensation for any additions caused by changes or alterations in the work ordered by the Owner.

PART 2 – BASE BID ITEMS

A. Item 1 – Asbestos Controlled Demolition and Debris Removal

1. Measurement

The lump sum price for Item 1 includes all costs associated with demolishing all existing structures and the removal / cleanup of all debris located within Phase 1 limits and in accordance with the contract documents.

2 Payment

BASIS OF MEASUREMENT AND PAYMENT 012700 - 2

The lump sum price will be full compensation for all labor and materials necessary to perform and complete the work as noted.

Payment shall include, but is not limited to:

a. Applying for all variances and necessary permits.

b. Providing, maintaining and removing, once construction is complete, a temporary chain link fence, around the site to secure the site during the work.

c. Providing, installing and removing, once construction is complete, the temporary sediment control features as shown on the plans and as directed by the Engineer, around the site to secure the site during the work.

d. Removal and proper disposal of all remaining building contents.

e. Dismantling the building to be demolished.

f. Providing all documentation (e.g. reporting, record keeping, waste manifests, etc.) as required.

g. Asbestos exposure prevention measures including personal air monitoring, personal protective measures for Contractor’s employees, and protective measures required to protect other individuals on the site and in the surrounding community.

h. Proper containment and disposal of all ACM.

i. Applying for variances if determined to be necessary.

j. Hauling and properly disposing/salvaging of all demolition debris.

k. Providing dust control measures.

l. Providing erosion control measures.

m. Tipping or disposal fees required by the disposal facility.

n. Coordinating with the utility owners and abandonment of all utilities at the existing main or as directed by the utility owner.

o. Work to include all excavation, shoring and dewatering, if necessary, backfill with crusher run, compaction and necessary pavement/landscaping restoration.

p. All necessary documentation including record map information necessary to accurately locate the foundations and utilities abandonment that remain.

q. All footers, foundations, slabs and pads are to remain for this item.

B. Item 2 –Asbestos Controlled Demolition and Debris Removal

The lump sum price for Item 2 includes all costs associated with located within Phase 2 limits and in accordance with the contract

BASIS OF MEASUREMENT AND PAYMENT 012700 - 3

complete, a temporary chain link fence, around the site to secure the site during the work.

c. Providing, installing and removing, once construction is complete, the temporary sediment control features as shown on the plans and as directed by the Engineer, around the site to secure the site during the work.

d. Removal and proper disposal of all remaining building contents

e. Dismantling the building to be demolished.

f. Providing all documentation (e.g. reporting, record keeping, waste manifests, etc.) as required.

g. Asbestos exposure prevention measures including personal air monitoring, personal protective measures for Contractor’s employees, and protective measures required to protect other individuals on the site and in the surrounding community.

h. Proper containment and disposal of all ACM.

i. Applying for variances if determined to be necessary.

j. Hauling and properly disposing/salvaging of all demolition debris.

k. Providing dust control measures.

l. Providing erosion control measures.

m. Tipping or disposal fees required by the disposal facility.

n. Coordinating with the utility owners and abandonment of all utilities at the existing main or as directed by the utility owner.

o. Work to include all excavation, shoring and dewatering, if necessary, backfill with crusher run, compaction and necessary pavement/landscaping restoration.

p. All necessary documentation including record map information necessary to accurately locate the foundations and utilities abandonment that remain.

C. Item 3 –Asbestos Controlled Demolition and Debris Removal

The lump sum price for Item 3 includes all costs associated with located within Phase 3 limits and in accordance with the contract

BASIS OF MEASUREMENT AND PAYMENT 012700 - 4

complete, a temporary chain link fence, around the site to secure the site during the work.

c. Providing, installing and removing, once construction is complete, the temporary sediment control features as shown on the plans and as directed by the Engineer, around the site to secure the site during the work.

d. Removal and proper disposal of all remaining building contents

e. Dismantling the building to be demolished.

f. Providing all documentation (e.g. reporting, record keeping, waste manifests, etc.) as required.

g. Asbestos exposure prevention measures including personal air monitoring, personal protective measures for Contractor’s employees, and protective measures required to protect other individuals on the site and in the surrounding community.

h. Proper containment and disposal of all ACM.

i. Applying for variances if determined to be necessary.

j. Hauling and properly disposing/salvaging of all demolition debris.

k. Providing dust control measures.

l. Providing erosion control measures.

m. Tipping or disposal fees required by the disposal facility.

n. Coordinating with the utility owners and abandonment of all utilities at the existing main or as directed by the utility owner.

o. Work to include all excavation, shoring and dewatering, if necessary, backfill with crusher run, compaction and necessary pavement/landscaping restoration.

p. All necessary documentation including record map information necessary to accurately locate the foundations and utilities abandonment that remain.

D. Item 4 –Asbestos Controlled Demolition and Debris Removal

The lump sum price for Item 4 includes all costs associated with located within Phase 4 limits and in accordance with the contract

BASIS OF MEASUREMENT AND PAYMENT 012700 - 5

complete, a temporary chain link fence, around the site to secure the site during the work.

c. Providing, installing and removing, once construction is complete, the temporary sediment control features as shown on the plans and as directed by the Engineer, around the site to secure the site during the work.

d. Removal and proper disposal of all remaining building contents

e. Dismantling the building to be demolished.

f. Providing all documentation (e.g. reporting, record keeping, waste manifests, etc.) as required.

g. Asbestos exposure prevention measures including personal air monitoring, personal protective measures for Contractor’s employees, and protective measures required to protect other individuals on the site and in the surrounding community.

h. Proper containment and disposal of all ACM.

i. Applying for variances if determined to be necessary.

j. Hauling and properly disposing/salvaging of all demolition debris.

k. Providing dust control measures.

l. Providing erosion control measures.

m. Tipping or disposal fees required by the disposal facility.

n. Coordinating with the utility owners and abandonment of all utilities at the existing main or as directed by the utility owner.

o. Work to include all excavation, shoring and dewatering, if necessary, backfill with crusher run, compaction and necessary pavement/landscaping restoration.

p. All necessary documentation including record map information necessary to accurately locate the foundations and utilities abandonment that remain.

E. Item 1A – Foundations, Footer and Pad Demolition and Removal

The lump sum price for Item 1A includes all costs associated with the demolition, excavation, transportation and disposal of all existing structure footers, foundations and pads within Phase 1 limits and in accordance with the contract documents.

BASIS OF MEASUREMENT AND PAYMENT 012700 - 6

b. Removal of floor slab and foundations to 1’ below existing grade, including backfill and compaction.

c. Hauling and properly disposing/salvaging of all demolition debris.

d. Providing dust control measures.

e. Providing erosion control measures.

f. Tipping or disposal fees required by the disposal facility.

g. Coordinating with the utility owners and abandonment of all utilities at the existing main or as directed by the utility owner.

Work to include all excavation, shoring and dewatering, if necessary, backfill with crusher run, compaction and necessary pavement/landscaping restoration.

h. All necessary documentation including record map information necessary to accurately locate the foundations and utilities abandonment that remain.

F. Item 2A – Foundations, Footer and Pad Demolition and Removal

The lump sum price for Item 2A includes all costs associated with the structure footers, foundations and pads within Phase 2 limits and in grade, including backfill and compaction.

c. Hauling and properly disposing/salvaging of all demolition debris.

d. Providing dust control measures.

e. Providing erosion control measures.

f. Tipping or disposal fees required by the disposal facility.

g. Coordinating with the utility owners and abandonment of all utilities at the existing main or as directed by the utility owner.

Work to include all excavation, shoring and dewatering, if

BASIS OF MEASUREMENT AND PAYMENT 012700 - 7

necessary, backfill with crusher run, compaction and necessary pavement/landscaping restoration.

h. All necessary documentation including record map information

G. Item 3A – Foundations, Footer and Pad Demolition and Removal

The lump sum price for Item 3A includes all costs associated with the structure footers, foundations and pads within Phase 3 limits and in grade, including backfill and compaction.

c. Hauling and properly disposing/salvaging of all demolition debris.

d. Providing dust control measures.

e. Providing erosion control measures.

f. Tipping or disposal fees required by the disposal facility.

g. Coordinating with the utility owners and abandonment of all utilities at the existing main or as directed by the utility owner.

Work to include all excavation, shoring and dewatering, if necessary, backfill with crusher run, compaction and necessary pavement/landscaping restoration.

h. All necessary documentation including record map information

H. Item 4A – Foundations, Footer and Pad Demolition and Removal

The lump sum price for Item 4A includes all costs associated with the structure footers, foundations and pads within Phase 4 limits and in

BASIS OF MEASUREMENT AND PAYMENT 012700 - 8

grade, including backfill and compaction.

c. Hauling and properly disposing/salvaging of all demolition debris.

d. Providing dust control measures.

e. Providing erosion control measures.

f. Tipping or disposal fees required by the disposal facility.

g. Coordinating with the utility owners and abandonment of all utilities at the existing main or as directed by the utility owner.

Work to include all excavation, shoring and dewatering, if necessary, backfill with crusher run, compaction and necessary pavement/landscaping restoration.

h. All necessary documentation including record map information

I. Item 5 – Safety/ Security Fence Installation

The linear foot price for Item 5 includes all costs associated with the installation of a permanent security / safety fence in accordance with the contract documents.

The linear foot price will be full compensation for all labor and materials necessary to complete the security / safety fence:

a. Installation of permanent 8’ chain link security fence including footings

b. Refer to Specification Section 323113 Site Fences and Gates

END OF SECTION 01270

TEMPORARY FACILITIES AND CONTROLS 015000 - 1

SECTION 015000 - TEMPORARY FACILITIES AND CONTROLS

PART 1 - GENERAL

1.1 SUMMARY

A. Section includes requirements for temporary utilities, support facilities, and security and protection facilities.

B. Related Requirements:

1. Section 011000 "Summary" for work restrictions and limitations on utility interruptions.

1.2 USE CHARGES

A. Installation, removal, and use charges for temporary facilities shall be included in the Contract

Sum unless otherwise indicated. Allow other entities engaged in the Project to use temporary services and facilities without cost,…