KING FUELS SITE BUILDING DEMOLITION

Bid No. 13-001
_____________________________________________________________________

Louis A. Rosamilia, Mayor
City of Troy, New York
Wallace Altes, Chairman Bill Dunne, Executive Director

Submission Due Date: June 20, 2013 at 2 PM Submit Sealed Bid To: Bill Dunne, Executive Director 433 River Street, Suite 5001 Troy, NY 12180

TABLE OF CONTENTS Description 1. 2. 3. 4. Request for sealed bids General Information and Instruction to Proposers; A Brief Project Description; Bid Proposal (to be submitted to the TLDC with bid package); Certification Statement of Non-collusive Bidding (to be submitted to the TLDC with bid package); Bid Bond (to be submitted to the TLDC with bid package); Contract Between the TLDC and the Contractor; Performance Bond; Labor and Material Bond; Contractor’s Qualification Statement; Certificate of Insurance (to be submitted to the TLDC with bid package); Contractors Affidavit of Payment of Debts and Claims Contractor’s Affidavit of Release of Liens Section 01570 – Maintenance and Protection of Traffic Section 02060 – Building Demolition Section 02080 – Asbestos Removal

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Troy Local Development Corporation City Hall Troy, New York

1. REQUEST FOR SEALED BIDS
Sealed proposals will be received by the Troy Local Development Corporation City Hall – 433 River Street, Suite 5001, Troy, New York by June 20, 2013 at 2 PM Eastern Standard Time.

King Fuels Building Demolition
The Troy Local Development Corporation (hereafter known as the TLDC) invites qualified contractors to submit a proposal to provide professional services to conduct building demolition and material removal services at the TLDC-owned King Fuels Site at 8000 Water Street in South Troy. The building demolitions and environmental remediation will be consistent with New York State Department of Labor standards and OSHA. This project will be funded directly by TLDC. The site consists of twelve (12) buildings and ancillary structures on roughly 16 acres of land (see attached Exhibit 1). The qualified contractor will be required to provide the following: 1. 2. 3. 4. 5. 6. 7. 8. Asbestos survey for each building/structure Perform an asbestos abatement Remove friable material Remove glass and debris that may pose a hazard to workers Demolish each structure Remove all material from the site Finish by rough grading the site Foundations can remain below 2 feet below grade with voids filled with flowable fill.

A certified check, payable to Troy Local Development Corporation for five (5%) percent of the amount of the bid, or a bid bond in the same amount must accompany each bid. Failure to submit a bid bond or bid check will result in the disqualification of your bid. There will be a site meeting on Friday, June 13, 2013 at 10:00 AM. Interested contractors should assemble at the entrance to the site off of Main Street. The TLDC reserves the right to reject any and all bids.

________________________
Bill Dunne, Executive Director (TLDC) DATE OF PUBLICATION: June 7, 2013

1. GENERAL INFORMATION AND INSTRUCTION TO PROPOSERS
a. The contractor shall provide a lump sum cost to complete this work. The contractor who is awarded the bid for this project must demonstrate his competency in the demolition, asbestos assessment and abatement with respect to buildings of this type and size. The contractor must demonstrate having completed, or is in the process of completing, at least 2 projects of similar scope within the last 10 years. The contractor who has been awarded the bid shall be asked to provide an outline of his experience and that of his project team. This will include personnel licensed to handle asbestos survey and abatement. The contractor shall list his professional engineer that will provide guidance where needed during the demolition process to ensure structural stability in various members as the structure is being taken apart so as to avoid an uncontrolled collapse or uncontrolled falling debris. This shall be attached to the form in Section 10 (Contractor’s Qualification Statement). The bid proposal for the project is provided in Section 4 of this booklet. The project will be awarded to the qualified contractor based upon cost, approach and experience. The award of the bid shall not be based on cost alone. Enclosed within this specification booklet is a copy of the Contract between the TLDC and Contractor that will be utilized for the project. It is included for informational purposes to allow the contractor to review the documents that will be utilized for awarding the bid. In general terms, the scope of the work can be described as follows: 1. The contractor is responsible to perform an asbestos survey for each building/structure; perform and asbestos abatement as needed; remove glass and debris that may pose a hazard to workers; remove friable and non-friable material; demolish each structure and remove all material from the site. The contractor shall finish the site by rough grading, including if necessary, the placement of 2 feet of compacted material filled to grade. The existing foundations can remain to within 2 feet of finished grade with voids filled with a cementous flowable fill material. 2. The contractor is responsible for establishing existing conditions in the field and verifying dimensions and elevations prior to the commencement of the work along with any potential hazards that may be encountered onsite or in the buildings or associated structures. 3. The contractor shall be responsible for and will provide for worker safety. In addition, the contractor shall provide for safe maintenance and protection of subcontractors and daily work activities, traffic entering the site as part of other business activities. 4. The contractor is responsible for verifying all field conditions and dimensions. Any discrepancies shall be brought to the attention of the engineer. 5. Prior to the commencement of the work, the contractor shall prepare a demolition plan for each structure. The demolition plan shall describe the methodology of performing the asbestos survey, abatement and proper and safe demolition and removal of the structure from the site. This shall be provided to the TLDC along with timeframes for removal.

b. The following materials should be returned to the TLDC with your bid amount for the project. The four items listed below can be photocopied from the specification booklet, completed for the project (staple the four sections together for the project) and submitted to the city.     Bid proposal (Section 4) Non-collusive Bidding Certification Bid Bond five (5%) percent Certificate of insurance

The contractor shall review all the materials contained in this bid package and return the items described above to Bill Dunne, Executive Director, Troy Local Development Corporation, City Hall, 433 River Street, Suite 5001, Troy, NY 12180 on June 20, 2013 at 2:00P.M. c. Proposers are advised that the TLDC may exercise its right to reject any and all bids for this work. The TLDC also reserves the right to eliminate certain tasks from this work. Also, the TLDC reserves the right to consider proposals containing deviations for this RFP. Proposers shall explain in detail where such alternatives deviate from the RFP terms, or qualify the terms of the proposal and specifications as issued. d. The contractor shall verify all dimensions and completely familiarize themselves with all conditions in the field associated with this project and scope of the work. This includes the presence of any underground and overhead utilities. e. The TLDC requires that all contractors must be bondable and insured and that the low bidder files both a Performance Bond and a Labor and Materials Bond for the full amount of the contract. Arrangements should be made with a surety company prior to submitting a bid. The Contract will be completed only after the bid has been awarded. f. All insurance policies are to be written by insurance companies authorized to do business in the State of New York and which are acceptable to the TLDC. The TLDC, its Directors, Agents and Employees shall be named as additional insured on the Commercial General Liability/Contractual Liability Policy and on the vehicle policy. The Contractor shall indemnify, hold harmless and defend the TLDC and its agents, officers and employees against all claims, actions, damages, expenses and losses, included but not omitted to reasonable attorneys fees, arising out of or incurred by reason of any negligent acts or omissions, or breach of this contract, on the part of the Contractor or any of its subcontractors, the officers, agents and employees of the contractor or any of its subcontractors or arising from or incurred by reason of any defect in workmanship or other defect in the work of Contractor, any of its subcontractors, or any of their respective officers, agents and employees.

g. SAFETY: The contractor shall be responsible for providing, maintaining and supervising safety precautions and programs in connections with the performance of its work. Such precautions and programs shall provide reasonable protection to prevent damage or injury to employees of the contractor, employees of other, other persons on or near the project site, the work and materials and equipment to be incorporated into the project and other property at the project site or near the project site. h. Before you hand in your bid you should double-check your computations for possible mathematical errors. Also make sure that you sign the bid. The bid should be submitted to the city in a sealed envelope with the company name, street address and the federal identification number. All bids shall be submitted to:

Bill Dunne, Executive Director 433 River Street, Suite 5001 Troy, NY 12180

2. BRIEF PROJECT DESCRIPTION
Brief Project Description The site is located at 8000 Water Street in the City of Troy, Rensselaer County, near the Hudson River. The Site is approximately 16 acres in size and is currently owned by the TLDC. The Site contains twelve (12) buildings and ancillary structures most of which are in a damaged and dilapidated condition (see Exhibit 1 attached). There is one occupied building on-site, which is occupied by Freelot Steel Corporation and E-Lots Recycling – both recycling companies. The contractor will be required to coordinate all demolition activities with these businesses to avoid conflicts. The following represents buildings and ancillary structures that are to be demolished, removed from the site: Building/Ancillary Structure Description Garage Structure Garage Structure Former Substation Former Locker Room Former Office Benzol Building Former Coke Bins Former Coke Silos Air Plenum Tunnel Structures Heater Building Building Designation # 1 2 3 4 5 6 7 8 9 – 11 12

Refer to the enclosed Map/Site plan (Exhibit 1) for the building locations and designation number. The map is for reference purposes only. During the pre-bid meeting the exact buildings and structures to be demolished will be identified. The Contractor is required to provide all necessary personnel to perform the safe demolition of each of these structures and shall include the following: 1. Asbestos survey for each building/structure 2. Perform an asbestos abatement 3. Remove friable material 4. Remove glass and debris that may pose a hazard to workers 5. Demolish each structure 6. Remove all material from the site 7. Finish by rough grading the site 8. Foundations can remain below 2 feet below grade with voids filled with flowable fill 9. Air monitoring 10. Professional engineering services as needed to assist in preparing the demolition plan to ensure the safe removal of the structures The Contract shall be a lump sum contract. The TLDC may request additional detailed work to be performed for specific work tasks, consistent with federal grant contract requirements. For this purpose, the consultant shall furnish a schedule of hourly rates and reimbursable rates. A proposal bid is included in Section 4 of this document. It is the TLDC’s expectation that there will be no charge for this task.

Project Site Preparation This task includes the development of a site health and safety plan and an emergency contingency plan. Site preparation activities include site clearing, installation of project signs, installation of security and construction fencing, installation of a construction trailer, the construction of material staging areas, waste stream processing and decontamination areas. Your proposal should identify and summarize all site preparation tasks. The TLDC will hire an independent Environmental Project Monitor to oversee air monitoring for site contaminants. Asbestos Abatement, Building Decontamination, and Building Demolition The TLDC has identified twelve (12) buildings ancillary structures that must be demolished by the contractor (see Exhibit 1 attached). This task of the King Fuels environmental cleanup will include the abatement of asbestos inside the buildings and of building materials. Asbestos abatement will include friable asbestos debris, thermal insulation, asbestos-containing flooring, and other building materials. The TLDC will work with the contractor to provide water to the site. If water is obtained from a City of Troy hydrant, the water usage will be charged back to the contractor. Your proposal must include specific information regarding how your firm plans to conduct the asbestos abatement at this site. The proposal should include descriptions of two (2) similar projects that illustrate your firm’s qualifications and areas of particular expertise. The cleanup will include demolition of the twelve (12) structures identified in the bid materials. Your proposal must specify your demolition methods and procedures. The characterization of all demolish materials will include segregation of known or suspected contaminated materials based on visual observations. Specify your procedure to characterize, stage, and track all materials and waste streams generated during demolition. During the demolition and the removal of floor slabs, foundations - 2 feet below finished grade only and visible subsurface media, (e.g. soil, groundwater) will be observed, monitored, and documented, by an independent Environmental Project Monitor. Your firm will be required to give the Environmental Project Monitor 15 days notice of project start date. Your firm will be required to obtain all the necessary permits from NYSDOH, NYSDOL, and any other agency with permitting jurisdiction over this project. Capping of Impacted Soils and Rough Grading Following complete demolition, on-site processing of masonry materials, and all soil excavations, the King Fuels site will be graded to finished grade. Your proposal should proved details on your methodologies and procedures to manage low level soil contamination on site, including grading, backfilling and clean cover recommendations.

Project Meetings and Schedule Your proposal should include planning for an initial project meeting with the TLDC and the Environmental Project Monitor. Your proposal should include a schedule of all phases of work from a work plan, to asbestos abatement, to complete demolition, to final rough grading and all final environmental reports. The Consultant will be required to prepare monthly project updates, summarizing and tracking all change orders and approved additional services requests. Site Security The Consultant will be responsible for site security, including fencing controlling access to the site during the project, and for maintaining existing perimeter fencing around the site. Please state if you proposal includes the installation of a construction trailer at the site. All temporary utility connections and security measures are the reasonability of the Consultant.

3. Bid Proposal (to be submitted to the TLDC with bid package);
Form of Bid Proposal Respondents should prepare a concise but thorough bid submission that demonstrates a clear understanding of the issues associated with this project. The respondents shall assemble their bids in the order stated below to help the review of the bids in an efficient manner.      Letter of interest that demonstrates an understanding of the project issues and desired project results. Lump Sum Proposal Form to be signed, Non-Collusive Bidding Certification to be signed. Description of the firm’s qualifications and areas of particular expertise. Also include a list of relevant projects. A scope of work for technical activities associated with the project. This will include, at a minimum, the tasks outlined above (any tasks added to the scope shall have a listing in the Lump Sum Proposal Form). Two project references. Briefly describe each and provide project scope and budget.

Additional Requirements A. Subcontractors All subcontractors recommended by the successful bidder will be subject to the prior approval of the TLDC before award of the subcontract. As prime contractor, the successful proposer will be required to perform a minimum of 50% of the consulting services level of effort. B. MWBE/Equal Employment Opportunity Requirements The successful bidder will be required to make good-faith efforts to subcontract at least 3.0 percent and 3.0 percent of the total contract price to NYS certified Minority Business Enterprise(s) (MBE) and Women Business Enterprise(s) (WBE), respectively. C. Cost Accounting The Consultant will be required on a monthly basis to submit an AIA payment request. D. Fee Retention The TLDC will retain 10% of the consultant’s fees until completion of the project based on the product deliverables and as decided by the TLDC. Contractor Selection    The TLDC shall review all submissions received as a result of the Bid. The contractor selected is subject to approval by the TLDC. Incomplete bids that do not address all of the project components will not be accepted for review and consideration. All respondents will be notified of the selection as soon as possible after the submission deadline. The TLDC reserves the right to reject all bids.

Successful bidder to furnish insurance certification at the time of contract execution listing the TLDC as an additional named insured and agreeing to indemnify and hold harmless the TLDC.

Information, Submission and Deadline Sealed bid must be submitted by 2:00 p.m. on June 20, 2013.

LUMP SUM PROPOSAL FORM
TO: TROY LOCAL DEVELOPMENT CORPORATION 433 RIVER STREET, SUITE 5001 TROY, NEW YORK 12180

FROM: _____________________________________________ (Name of Bidder)

_________________________ (Date Bid Submitted)

1. The undersigned BIDDER proposes and agrees, if this Bid is accepted, to enter into an Agreement with the OWNER in the form included in the Contract Documents for the Contract Price and within the Contract Time indicated in this Bid and in accordance with the Contract Documents. 2. BIDDER accepts all of the terms and conditions of the Instructions to Proposers, including without limitation those dealing with the disposition of Bid security. The Bidder will sign the Agreement and submit the Contract Security and other documents within 10 days after the date of OWNER'S Notice of Award. 3. In submitting this Bid, BIDDER represents, as more fully set forth in the Agreement, that: 3.1 BIDDER has examined copies of all the Contract Documents and of the following addenda: Addendum No. ________ ________ Date ___________ ___________

(Receipt of all which is hereby acknowledged) and also copies of the Instructions to Proposers; 3.2 The BIDDER has visited and examined the site of the work and has carefully examined the Contract Documents, and will execute the Contract and perform all its items, covenants, and conditions, and will provide, furnish and deliver all the work, materials, supplies, tools, equipment, transportation and miscellaneous necessary or required for this project, all in strict conformity with the Contract Documents and in accordance with the prices entered by the Bidder on the attached proposal form. 3.3 This Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation; BIDDER has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; BIDDER has not solicited or induced any person, firm or a corporation to refrain from bidding; and BIDDER has not sought by collusion to obtain for himself/herself any advantage over any other Bidder or over OWNER. 3.5 No officer or employee or person whose salary is payable in whole or in part from the City treasury is directly or indirectly interested in this bid, or in its supplies, materials, equipment, work or labor to which it relates, or in any of the profits thereof. 3.7 The consultant shall furnish a rate schedule of hourly rates of each member of the consultant team and any subconsultants. 3.8 The TLDC reserves the right to extend the Unit Prices in these contracts to any and all additional projects within the boundaries of the City of Troy without limit at no additional costs to the TLDC for mobilization, effective throughout the current Construction Season. 3.9 Consultant will be paid upon completion of each task. Each bill should contain detailed verbiage explaining the activities performed and product delivered. Gross Amount of Bid for Contract: __________________________________________ (Figures) ____________________________________________________________Dollars (Words) and _________________________________________________________ Cents. (Words)

5. CERTIFICATION STATEMENT OF NON-COLLUSIVE BIDDING (to be submitted to the TLDC with the bid package)

NON-COLLUSIVE BIDDING CERTIFICATION
1. Every bid herein made to the TLDC, or official thereof, where competitive bidding is required by statute, rule or regulation, for work or services performed or to be performed or goods sold or to be sold, shall contain the following statement subscribed by the bidder and affirmed by such bidder as true under the penalties of perjury: Non-collusive bidding certification. A. By submission of this bid, each bidder and each person signing on behalf of any bidder certifies, and in the case of a joint bid each party thereto certifies as to its own organization, under penalty of perjury, that to the best of his 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 opening directly or indirectly, to any other bidder or to any competitor; and 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 submit a bid for the purpose of restricting competition. B. A bid shall not be considered for award nor shall any award be made where a. 2 and 3 above have not been complied with; provided however, that if in any case the bidder cannot make the foregoing certification, the bidder shall state and furnish with the bid a signed statement which sets forth in detail the reasons therefore. Where a 1, 2 and 3 above have not been met, shall any award be made unless the head of the purchasing unit of the TLDC of Troy to which the bid is made, or the designed determines that such disclosures was not made for the purpose of restricting competition. The fact that a bidder (a) has published price lists, rates, or tariffs covering items being procured, (b) has informed prospective customers or proposed or pending publication of new or revised price lists of such items, or (c) has sold the same items to other customers at the same prices being bid, does not constitute, without more, a disclosure within the meaning of subparagraph one (a) 2. Any bid hereafter made to the TLDC, or official thereof, by a corporate bidder for work or services performed or to be performed or goods sold or to be sold, where competitive bidding is required by statute, rule or regulation, and where such bid contains the certification referred to herein shall be deemed to have been authorized by the board of directors of the bidder and such authorization shall be deemed to include the signing and submission of the bid and the inclusion therein of the certificate as to non-collusion as the act and deed of the corporation. ______________ DATED (CORPORATE) SEAL ________________________________________________________________ LEGAL NAME: PERSON, FIRM OR CORPORATION BY___________________________________ _________________________ (SIGNATURE) (TITLE) _________________________________________ SIGNATORY NAME (PLEASE PRINT OR TYPE)

6. BID BOND (to be submitted to the TLDC with bid package)

BID BOND

KNOW ALL MEN BY THESE PRESENTS, that we, the undersigned, are held and firmly bound unto the Troy Local Development Corporation, in the sum of dollars to be paid on demand to said TLDC, its

successors for which payment well and truly to be made, we hereby bind our-selves, or heirs, successors, executors, and administrators, jointly and severally, firmly by these presents. The condition of this obligation is such that if the bid or proposal attached hereto and made a part hereof and submitted to the TLDC is accepted and a contract awarded to the undersigned bidder, and the said bidder shall within ten (10) days after notice of said award enter into a contract with the said TLDC, and shall secure the performances of the same by bond or otherwise as may be required to the satisfaction of the TLDC, then this obligation shall be null and void; otherwise to be in full force and virtue.

________________________________________________ (Bidder)

By: ______________________________________________

(SEAL)

______________________________________________ (Surety Company)

By _______________________________________________ (Attorney-in-Fact)

(Accompany this bond with Attorney-in-Fact's authority from the Surety Company certified to include the date of the bond).

SIGNATURE FORM

______________________________________ LEGAL NAME OF BIDDER

Signed By: __________________________ Title: ______________________________ Witnessed By: _______________________

CORPORATE SEAL

MAILING ADDRESS OF BIDDER:

NAME:____________________________ STREET: _________________________ CITY: ______________________ STATE________________ ZIP CODE______ TELEPHONE: ( FAX NUMBER: ( ) )

7. Letter of Intent and License between TLDC and Contractor

Letter of Intent The TLDC shall, upon selection of a contractor, send said contractor a Letter of Intent to enter into an Agreement to complete the work. The terms and conditions governing the Services and License will be memorialized in said Agreement between the TLDC and Contractor. The letter shall serve as a non-binding document between the parties designed to set forth the mutually understood terms and conditions to be contained within the Agreement. Said Agreement will include some or all the following requirements:

1. WORK TO BE PERFORMED UNDER THIS CONTRACT: The work shall be that work set for the in the Contractor’s bid and as set forth in the annexed specifications, and shall include all work and materials necessary or implied but not specifically stated in the specifications. The TLDC and the Contractor agree that the contractor shall perform the work and that the TLDC shall pay Contractor for same in accordance with the following terms and conditions. 2. CONTRACT PRICE AND PAYMENT: Upon completion of the work by Contractor and acceptance of the Contractor’s work by the TLDC, the TLDC shall pay the sum of $_____________________________ to Contractor, plus additions or less deductions in accordance with written work or change orders. One or more progress payments may also be made upon the written recommendation of the TLDC. Contractor shall first submit a written application for payment together with a written certification that the Contractor has completed its work in accordance with this contract and the specifications. The TLDC may retain up to ten (10%) percent of the payment due until the entire project is complete. At the time payment is made, Contractor and its subcontractors, if any, shall provide a written waiver of liens. 3. COMMENCEMENT AND COMPLETION DATES: Contractor shall confer with the TLDC and shall commence his work on the date recommended by the TLDC, giving due consideration to coordinating its work with other contractors. Contractor shall complete its work on the date recommended by the TLDC, again giving due consideration to coordination with other contractors. Such dates may be extended due to any delay time resulting from acts of nature or other causes beyond the control of the Contractor of the TLDC. Such commencement and completion dates shall be set forth in a construction schedule prepared by the contractor in conjunction with the TLDC on the projects. 4. WARRANTY: Contractor shall warrant to the TLDC as follows: (a) The materials, components and equipment provided under the contract by Contractor and its subcontractors shall be of good quality and shall be new unless otherwise required by the specifications; (b) That the work of the Contractor and its subcontractors will be free from defects except defects which are solely due to the specifications;

(c) That the work will conform to the specifications; (d) That the work of the contractor and its subcontractors shall be free of defects in material and workmanship for a period of one year after the date on which the work is accepted by the TLDC and that Contractor will promptly and at its expense provide the labor, materials and all else necessary to correct any such defects.

5. SUBCONTRACTORS: With the written consent of the TLDC, Contractor may use one or more subcontractors. Contractor shall not use any subcontractor to which the TLDC has objected. Contractor shall be responsible for the work, acts and omissions of its subcontractors.

6. BONDS: Contractor shall provide a 100% performance bond and a 100% labor/materials payment bond. Both bonds shall be from sureties acceptable to the TLDC and, if signed by an agent, shall be accompanied by a certified copy of the agent’s authority. 7. INSURANCE: Contractor shall have in effect, and shall provide certificates of insurance to evidence same, the following insurance policies and coverages: (a) Workers compensation insurance as required by law and including employer’s liability insurance in the amount of at least One Million Dollars ($1,000,000) per occurrence/Two Million Dollars ($2,000,000) aggregate and disability benefits insurance as may be required by law; (b) Commercial general liability and contractual liability on an occurrence basis with the following limits of coverage: bodily injury, property damage and personal injury, one million dollars ($1,000,000) each occurrence/two million dollars ($2,000,000) general aggregate/one million dollars ($1,000,000) personal and advertising injury; (c) Vehicle liability including owned, non-owned and hired vehicles and all other vehicles with the following limits of coverage: one million dollars ($1,000,000) each occurrence; (d) Umbrella/Excess Liability coverage in the amount of four million dollars ($4,000,000) is preferred, but not required. A minimum amount of two million dollars ($2,000,000) is required. (e) All certificates of insurance are to provide that the insurance evidenced by the certificate shall not be cancelled or materially altered except after thirty (30) days prior written notice to the TLDC. (f) The TLDC and its commissioners, officers, agents and employees, and the City Engineer shall be named as additional insured on the commercial general liability/contractual liability policy and on the vehicle liability policy. (g) All policies are to be written by insurance companies authorized to do business in the State of New York and which are acceptable to the TLDC.

8. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAW: The work performed by Contractor, and any materials and components provided by the Contractor, shall comply with all applicable federal, state and local laws, codes and regulations. In the event any specification or other work requirements is deemed by contractor to be inconsistent with sound design, safety or other practices, Contractor shall in writing promptly notify the TLDC of same. Contractor shall be responsible for obtaining and paying for any required building permits or other permits and approvals and inspections.

9. SAFETY: The Contractor shall be responsible for providing, maintaining and supervising reasonable safety precautions and programs in connections with the performance of its work. Such precautions and programs shall provide reasonable protection to prevent damage or injury to employees of the contractor, employees of other, other persons on or near the project site, the work and materials and equipment to be incorporated into the project and other property at the project site or near the project site.

10. INDEMNIFICATION: Contractor shall indemnify, hold harmless and defend the TLDC and its agents, officers and employees against all claims, actions, damages, expenses and losses, included but not omitted to reasonable attorneys fees, arising out of or incurred by reason of any negligent acts or omissions, or breach of this contract, on the part of the contractor or any of its subcontractors, the officers, agents and employees of the Contractor or any of its subcontractors or arising from or incurred by reason of any defect in workmanship or other defect in the work of Contractor, any of its subcontractors, or any of their respective officers, agents and employees. 11. THE TLDC’s RIGHT TO REJECT WORK, STOP WORK OR COMPLETE WORK: If the TLDC determines that the Contractor is not performing its work in accordance with the contract requirements, the TLDC may, by written order, direct the Contractor to stop its work or any portion thereof, and to correct such work. If the contractor refuses or neglects to commence to correct such work within three (3) days of the written notice, or within such other time period as recommend, the TLDC may correct such work and deduct the cost of correcting such work from amount due to the contractor, in addition to any other remedies which the TLDC may have. The TLDC may reject work that does not conform to this contract or to the specifications.

12. SUSPENSION FOR CONVENIENCE OF THE TLDC: The TLDC without cause, may in writing direct the contractor to suspend its work for a specified period of time. If the TLDC does so, an adjustment shall be made in the contract price for increases in the costs to the Contractor of performing the contract so that the Contractor is reasonably and fairly compensated.

13. TERMINATION: The Contractor may terminate the contract if the work is stopped or the Contractor is prevented from performing the contract for a period of thirty (30) days through no act, omission or fault of the Contractor or any of its subcontractor or their officers, agents and employees, provided such stoppage or such prevention is due to any of the following reasons or causes: (a) Order of a court or other public authority; (b) Because the TLDC has not performed an act or duty it is required to perform; (c) Because of a substantial breach of this contract by the TLDC. The TLDC may terminate this contract for the following reasons or causes: (a) Contractor refuses or fails to provide enough skilled workers or materials to perform the work in a timely manner; (b) Contractor fails to make any required payment to any of its subcontractors; (c) Contractor is performing work in violation of federal, state or local law, code or regulation; (d) Contractor is in material breach of provision of the contract.

14. DISPUTES: In the event of a claim or dispute between the Contractor and the TLDC, the parties shall make reasonable efforts to have such claim or dispute decided by the City Engineer. In the event the decision of the Engineer does not satisfactorily resolve such claim or dispute, the claim or dispute shall be settled by arbitration in accordance with the construction Industry Arbitration Rules of the American Arbitration Association, and such arbitration award shall be final and binding on the parties.

15. MISC. PROVISIONS: (a) Provisions required by the New York General Municipal Law, copies of which are annexed, and any other statutorily mandated provisions, if any, are hereby made a part of this contract. (b) Contractor shall keep the project site free from scrap and waste materials and trash caused by Contractor’s work and the work of its subcontractors. After the Contractor has completed its work, Contractor shall remove from the project site all of its waste materials, scraps, trash, equipment, materials and the like. (c) The TLDC shall designate a commissioner or other person who shall represent the TLDC on the project and with whom the Contractor shall work and communicate with, in addition to working with the City Engineer.

(d) Neither party may assign this contact or any of the rights under it, nor subcontract any work to be performed under it, without the prior written consent of the other party. (e) A waiver by a party of any breach or provision of this contract shall not be construed to be a waiver by such party of any other breach or provisions. (f) The paragraph headings of this contract are for the convenience of the parties only. (g) The invalidity or unenforceability of any provision of this contract shall not affect the validity or enforceability of any other provision. (h) This contract contains the entire agreement of the parties and may not be changed orally. All changes must be in writing and signed by the party agreeing to the change.

16. GROUNDS FOR CANCELLATION OF CONTRACT BY MUNICIPAL CORPORATIONS AND FIRE DISTRICTS (This clause is required by General Municipal Law Section 103-a): Upon the refusal of a person, when called before a grand jury, head of a state department, temporary state commission or other state agency, the organized crime task force in the department of law, head of a city department, or other city agency, which is empowered to compel the attendance of witnesses and examine them under oath, to testify in an investigation concerning any transaction or contract had with the state, any political subdivision thereof, a public authority or with any public department, agency or official of the state or of any political subdivision thereof or of a public authority, to sign a waiver of immunity against subsequent criminal prosecution or to answer any relevant question concerning such transaction or contract, (a) such person, and any firm, partnership or corporation of which he is a member, partner, director or officer shall be disqualified from thereafter selling to or submitting bids to or receiving awards from or entering into any contracts with any municipal corporation or fire district, or any public department, agency or official thereof, for goods, work or services, for a period of five years after refusal, and (b) any and all contracts made with any municipal corporation or any public department, agency or official thereof on or after the first day of July, nineteen hundred fifty nine or with any fire district or any agency of official thereof on or after the first day of September, nineteen hundred sixty, by such person, and bay any firm, partnership or corporation of which he is a member, partner, director or officer may be cancelled or terminated by the municipal corporation or fire district without incurring any penalty or damages on account of such cancellation or termination, but any monies owing by the municipal corporation or fire district for goods delivered or work done prior to the cancellation or termination shall be paid. 17. WORKERS’ COMPENSATION INSURANCE ON PUBLIC WORKS (this clause is required by General Municipal Law Section 108): This contract shall be void and of no effect unless the person or corporation making or performing such contract shall secure compensation for the benefit of, and keep insured during the life of such contract, employees for which compensation is required to be secured, in compliance with the provisions of the workers’ compensation law.

18. ASSIGNMENT OF PUBLIC CONTRACTS (This clause is required by General Municipal Law Section 109): contractor is prohibited from assigning, transferring, conveying, subletting or otherwise disposing of this contract, or of his right, title, or interest herein, or his power to execute this contract, to any other person or corporation without the previous consent in writing of the officer, board or agency awarding the contract.

8

PERFORMANCE BOND

PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS That we,_______________________________________________________ as Principal, hereinafter called Contractor, and_____________________________________________________________, a corporation organized under the laws of the State of_______________and authorized to transact business in the State of New York, as Surety, hereinafter called Surety, are held and firmly bound unto the Troy Local Development Corporation, as Obligee, hereinafter called Owner, the amount of __________________________________dollars, ($________________), for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor has by written agreement dated ____________________________________ entered into a contract with Owner for___________________________________________ in accordance with drawings and specifications prepared by or on behalf of the owner, which contract is by reference made part hereof, and is hereinafter referred to as the contract; and WHEREAS, the Surety hereby waives notice of any alteration or extension of time made by the Owner; NOW THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if Contractor shall promptly and faithfully perform said contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect. In the event that the Owner declares the Contractor to be in default under the Contract, the Surety shall promptly remedy the default under one of the following options of remedy: 1. The Surety shall complete the Contract…(or) 2. The Surety shall obtain bid(s) for completion of Contract. In the event that the Surety obtains bids for the completion of the work, he shall submit such bids to the Owner for evaluation and approval of the lowest qualified bidder(s); thereafter, the Surety shall prepare and execute and agreement with such bidder(s) for the completion of the work required herein. In the event that the cost of completion under such agreement(s) exceeds the unpaid balance of the contract price, the Surety shall provide sufficient funds to make up the deficit. The term "balance of the contract price," as used in this paragraph, shall mean the total amount payable by Owner to Contractor under the contract and any amendments thereto, less the amount properly paid by Owner to Contractor. The obligations of the Surety shall continue until completion of the Contract and acceptance of the work, even if a succession of defaults required successive repetition of the above options of remedy. No right of action shall accrue on this bond to or for the use of any person or corporation other than the Owner named herein or the heirs, executors, administrators or successors of Owners. IN TESTIMONY WHEREOF, the Contractor has hereunto set his hand and the Surety has caused these presents to be executed in its name and its corporate seal to be affixed by its attorney-in-fact at ____________________________________________________________________________________ on this the_______________day of____________________,20_______. _______________________________(SEAL) (CONTRACTOR) BY___________________________________ _____________________________________ (SURETY COMPANY) BY_____________________________(SEAL) (Attorney-in-fact) BY___________________________________ (New York Representative) (Accompany this bond with Attorney-in-fact's authority from the Surety Company certified to include the date of the bond).

9. LABOR AND MATERIAL BOND

LABOR AND MATERIAL PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS that we, __________________________________________ _____________________________________________________________________________________ as Principal, hereinafter called Contractor, and ______________________________________________ , _____________________________________________________________________________________ a corporation organized under the laws of the State of______________ and authorized to transact business in the State of New York, as Surety, hereinafter called Surety, are held and firmly bound unto the Troy Local Development Corporation, as Obligee, hereinafter called Owner, the amount of _____________________________dollars, ($ _______________), for the payment whereof Contractor and Surety bind them-selves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor has by written agreement dated ________________________________________ entered into a contract with Owner for ______________________________________________________ _____________________________________________________________________________________ in accordance with drawings and specifications prepared by or on behalf of the Owner, which contract is by reference made a part hereof, and is hereinafter referred to as the contract. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if the Contractor shall promptly make payment to all claimants as hereinafter defined, for all labor and material used or reasonably required for use in the performance of the contract, then this obligation shall be void; otherwise it shall remain in full force and effect, subject, however, to the following conditions. 1.0 A claimant is defined as one having a direct contract with the Contractor or with a subcontractor of the Contractor for labor, material, or both, used or reasonably required for use in the performance of the contract; labor; and material being constructed to include the part of water, gas, power, light, heat, oil, gasoline, telephone service, or rental of equipment directly applicable to the contract. 2.0 The above named Contractor and Surety hereby jointly and severally agree with the Owner that every claimant as herein defined, who ha not been paid in full before the expiration of a period of ninety (90) days after the date on which the last of such claimant's work or labor was done or performed, or material were furnished by such claimant, may sue on this bond for the use of such claimant, prosecute the suit to final judgment for such sum or sums as may be justly due claimant, and have execution thereon. The Owner shall not be liable for the payment of any costs or expenses of any such suit. 3.0 No suit or action shall be commenced hereunder by and for claimant: 3.1 Unless claimant, other than one having a direct contract with the Contractor, shall have given written notice to any two of the following: The Contractor, the Owner or the Surety above named, within ninety (90) days after such claimant did or performed the last of the work or labor, or furnished the last of the material for which said claim is made, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were furnished, or for whom the work or labor was done or performed. Such notice shall be served by mailing the same by certified mail in an envelope addressed to the Contractor, Owner, or Surety, at any place where an office is regularly maintained for the transaction of business, or served in any manner in which legal process may be served in the state in which the aforesaid project is located, save that such service need not be made by a public officer. 3.2 After the expiration of one (1) year following the date on which Contractor ceased work on said contract, it being understood, however, that if any limitation embodied in this bond is prohibited by any law controlling the construction hereof, such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law. 3.3 Other than in a state court of competent juries-diction in and for the county or other political subdivision of the state in which the project, or any part thereof, is situated, or in the United States District Court for the district in which the project, or any part thereof, is situated, and not elsewhere. 4.0 The amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith hereunder, inclusive of the payment by Surety of mechanic's liens which may be filed of record against said improvement, whether or not claim for the amount of such lien be presented under and against this bond.

IN TESTIMONY WHEREOF, the Contractor has hereunto set his hand and Surety has caused the presents to be executed it its name and its corporate seal to be affixed by its attorney-in-fact at ________________________________________________________ on this the_________________day of______________________________, 20________.

___________________________________ (SEAL) (CONTRACTOR) BY__________________________________ __________________________________ (SURETY COMPANY)

BY_________________________________ (SEAL) (Attorney-in-Fact)

BY__________________________________ (New York Representative) (Accompany this bond with attorney-in-fact's authority form the Surety Company certified to include the date of the bond).

10.CONTRACTOR’S QUALIFICATION STATEMENT

STATEMENT OF BIDDER'S QUALIFICATIONS

All questions must be answered and the data given must be clear and comprehensive. This statement must be notarized. If necessary, questions may be answered on separately attached sheets. The Bidder may submit any additional information he desires. 1. Name of Bidder, permanent main office address and telephone number.

2. Names of all officers and principals in the firm.

3. When organized (month, day, year).

4. If a corporation, where incorporated (city, state).

5. Number of years Bidder has been engaged in construction under present firm or trade name? a. Number of years engaged in this work

6.

Contracts on-hand: Schedule these, showing gross amounts of each contract and the appropriate anticipated dates of completion. a. List a minimum of 2 equal projects

7. General character of work performed by Bidder (e.g. construction, excavation, manufacturing, etc.).

8. Has Bidder failed to complete any work awarded to firm? If so, where and why?

9. Has Bidder ever defaulted on a contract? If so, where and why?

10. List the important contracts completed by Bidder within the past two years stating approximate gross cost for each, and the month and year completed.

11. List major equipment available for this Contract (description, age, condition).

12. Experience in construction work similar in importance to this project (contracts within the past five years).

13. Background and experience of the principal members of firm, including officers (type of work, number of years with firm).

14. Will Bidder, upon request, furnish any other pertinent information, financial or otherwise, that may be required by the Troy Local Development Corporation? Yes ____. No ____.

15. The undersigned hereby authorizes and requests any person, firm or corporation to furnish any information requested by the TLDC in verification of the recitals comprising this Statement of Bidder's Qualifications.

_____________________________________ (Name of Firm) By:__________________________________ (Principal) _____________________________________ (Title)

State of New York County of

) )ss. )

_______________________________________________being duly sworn, deposes and says that he/she is ___________________________ of ___________________________________________ and the answers to the foregoing questions and all statements therein contained are true and correct.

Subscribed and sworn to before me this _____ day of ____________________, 2013. ____________________________________

11.CERTIFICATE OF INSURANCE (to be submitted to the TLDC with bid package)

CERTIFICATE OF INSURANCE The successful bidder shall attach his Certificates of Insurance in a form acceptable to the TLDC Counsel, immediately following this page when submitting this document for Contract Execution. Refer to the Contract Section for the required coverage and limits.

12.CONTRACTOR’S AFFIDAVIT OF PAYMENT OF DEBTS AND CLAIMS

Contractor’s Affidavit of Payment of Debts and Claims To Owner: Project: Contract For: Contract Date: ________________________________________________________________________ State of: County of: The undersigned hereby certifies, that except as listed below, payment has been made in full and all obligations have otherwise been satisfied for all materials and equipment furnish, for all work, labor, and services performed, and for all know indebtedness and claims against the Contractor for damages arising in any manner in connection with the performance of the Contract referenced above for which the Owner or Owner’s property might in any way be held responsible or encumbered. Contractor: By: _______________________________________ (Signature of authorized representative) _________________________________________ (Printed Name) __________________________________________ (Title) 1. Contractor’s Release or Waiver of Liens, conditional upon receipt of final payment 2. Separate Releases or Waivers of Liens from Subcontractors and material and equipment Suppliers, to the extent required by the Owner, accompanied by a list thereof. 3. Contractor’s Affidavit of Release of Liens.

Subscribed and sworn to before me on this date: Notary Public: ______________________________ My Commission Expires: ______________________

13. CONTRACTOR’S AFFIDAVIT OF RELEASE OF LIENS

Contractor’s Affidavit of Payment of Debts and Claims To Owner: Project: Contract For: Contract Date: ________________________________________________________________________ State of: County of: The undersigned hereby certifies that to the best of the undersigned’s knowledge, information and belief, except as listed below, the Releases or Waivers of Lien attached hereto include the Contractor, all Subcontractors, all Suppliers of materials and equipment, and all performers of work, labor, or services who have or may have liens or encumbrances or the right to assert liens or encumbrances against any property of the Owner arising in any manner out of the performance of the Contract referenced above. EXCEPTIONS: Supporting Documents Attached Hereto: 1. Contractor’s Release or Waiver of Liens, conditional upon receipt of final payment 2. Separate Releases or Waivers of Liens from Subcontractors and material and equipment Suppliers, to the extent required by the Owner, accompanied by a list thereof. 3. Contractor’s Affidavit of Release of Liens. Contractor: By: _______________________________________ (Signature of authorized representative) __________________________________________ (Printed Name) __________________________________________ (Title) Subscribed and sworn to before me on this date: Notary Public: ______________________________ My Commission Expires: _________________

SECTION 01570 MAINTENANCE AND PROTECTION OF TRAFFIC

PART 1 - GENERAL 1.1 SUMMARY A. This section specifies the requirements for maintenance and protection of Traffic during construction of the Project. General: 15. All streets and travel ways shall remain open to the passage of vehicular and pedestrian traffic during the construction period, unless prior written consent is obtained from the Engineer and the governing body having jurisdiction over the street or travel way. Maintenance and protection of traffic shall be provided in accordance with the Manual of Uniform Traffic Control Devices (MUTCD) and any provisions contained in the plans or the contract documents. Safe and adequate ingress and egress to and from intersecting highways, homes and commercial establishments shall be provided and maintained at all times to the satisfaction of the Engineer. The traffic maintenance schemes shown in the MUTCD describe the minimum methods and control devices necessary. The Engineer may order additional devices and/or methods to meet field conditions. No additional payment will be made for additional devices ordered. The Contractor shall give the required advance notice, as indicated in the contract document or by agreement with the Engineer, of his proposed operations to affected police, fire, and other emergency response departments. The Contractor shall give reasonable notice of his proposed operations to owners and tenants of private properties which will be affected by the construction operations.

B.

16.

17.

18.

19.

C.

Submittals: 1. Prior to the start of work, the Contractor must submit any proposed changes to the traffic control plan to the Engineer for approval. Any changes which alters the basic concept of the plan must be approved by the Engineer.

PART 2 - PRODUCTS 2.1 DEVICES AND EQUIPMENT A. All signing, operations, safety, and directive devices shall conform to the Manual of Uniform Traffic Control Devices and the Authority having jurisdiction. 1. 2. Delineators: Delineators shall be of the reflectorized plastic drum type. Warning Signs: Advance warning signs shall be diamond shaped and have black lettering on an orange background. Street Plates: If street plates are used to cover narrow excavations.

3.

PART 3 - EXECUTION 3.1 MAINTENANCE OF TRAFFIC

A.

The Contractor shall provide signs, signals, barricades, flares, lights, and all other equipment, service, and personnel necessary to regulate and protect traffic and warn of hazards. The Contractor shall remove temporary equipment and facilities when no longer required, and restore area to original or specified conditions upon removal. When crossings, obstructions, or the temporary closures of street or travelway are required, the Contractor shall provide and maintain suitable bridges, detours or other temporary measures, all of which must be to the satisfaction of the Engineer, for the accommodation of traffic. The duration of the operation shall be for the minimum time practical. Traffic shall be restored as soon as the street or travelway is safely passable.

B.

3.2

WORK ZONES A. Work zones on opposite sides of the road shall not overlap. A work zone is defined as that area in which traffic is restricted because of construction activities, or that area which involves a drop-off within 10 feet of the edge of pavement. The Contractor shall delineate areas where there is a drop-off near the edge of the traveled way and areas on which it is unsafe to travel. The provisions for delineation shall be as approved by the Engineer, and the governing body having jurisdiction over the street, travelway, or site. Excavations that produce drop-offs on both sides of the traveled way at the same time shall not be permitted. Reflectorized plastic drum delineators shall be used along embankments and at other hazardous locations determined by the Engineer. Delineators shall remain in place until satisfactory protection is provided. Delineators shall be spaced at a distance not to exceed 50 feet, or as directed by the Engineer. The Contractor shall provide 1-inch steel plates to provide for traffic movement over narrow, open excavations. Excavations made for the installation of the pipes will be backfilled at the close of each day. No material is to be stored on the shoulder or within the 20-foot roadside clear area except that which is to be placed that day. The roadside clear area is a strip along the length of the road extending 20 feet from the edge of the travel lane. Construction equipment shall be removed from the roadside clear area of all highway pavement during the hours that the Contractor is not working. This requirement shall not be limited to the contract limits. Traffic Signals and Signs: 1. The Contractor shall provide and operate traffic control and directional signals required to direct and maintain an orderly flow of traffic in areas affected by the Contractor’s operations. The Contractor shall provide traffic control and direction signs, mounted on barricades or standard posts at each change of direction of a roadway, at each crossroad, at detours, at hazardous areas, and at parking areas. The correct sequence and spacing of signs, either permanent or temporary must be maintained at all times in accordance with MUTCD unless shown otherwise on the plans. All signs, including guide signs, shall indicate actual conditions at all times and shall be covered, moved, removed, or changed immediately as ordered by the Engineer (A.O.B.E).

B.

C.

D.

E.

F.

G.

H.

I.

2.

3.

4.

In order to maintain effective traffic control, the contractor shall be responsible for the maintenance of all signs, cones, flashers, barrels, and other devices the Contractor shall ensure that they are in place and in good condition.

J.

Flag Personnel: 1. The Contractor shall provide suitably qualified and equipped flag personnel when construction operations encroach on traffic lanes. The regulation of traffic by flag personnel shall be in accordance with the requirements of the MUTCD or the Authority having jurisdiction.

K.

Flares and Lights: 1. During periods of low visibility the Contractor shall provide flares and lights to guide traffic, to clearly delineate traffic lanes, and to warn of hazardous areas. Flag personnel shall use lights in directing traffic during periods of low visibility. Illumination of critical traffic and parking areas shall be provided by the Contractor during periods of low visibility.

L.

Parking Control: 1. The Contractor shall control all Contractor related vehicular parking such that it does not interfere with public traffic and parking, access to emergency vehicles, Owner’s operations, or construction operations. The Contractor shall provide temporary parking facilities for the public as construction operations dictate. The Contractor shall provide parking areas for workman's private vehicles that comply with applicable laws, regulations, codes, and ordinances. The Contractor shall ensure free vehicular access to and through the parking areas. The Contractor shall not permit parking on or adjacent to access roads or in non-designated areas.

2.

M.

Haul Routes: 1. The Contractor shall consult with governing authorities and establish thoroughfares, which shall be used as haul routes and site access. The Contractor shall confine construction traffic to designated haul routes. The Contractor will be required to provide traffic control at critical points of haul routes to expedite traffic flow and minimize interference with normal public traffic. Where required by governing authorities, the Contractor shall prepare and submit traffic control plans for approval by both the Engineer and the governing Authority prior to commencement of work.

2. N. Contractor Operations: 1. If the Engineer notifies the Contractor or his superintendent of any hazardous construction practices, all operations in that area shall be discontinued and immediate remedial action shall be taken to the satisfaction of the Engineer before work is resumed.

END OF SECTION 01570

SECTION 02060 BUILDING DEMOLITION

PART 1 - GENERAL 1.1 SUMMARY A.This section requires removal and disposal, off site, of the following: 2. 1.Building structure as indicated on Drawings, except roof-mounted heat pump unit and associated controls that Owner will remove prior to start of work. 2.Entrance drive, parking structures, and adjacent site improvements to limits indicated on Drawings. 3.Existing structures to a uniform depth of 18 inches below the bottom of proposed improvements.

3.

4.

1.2 SUBMITTALS A.Proposed schedule of operations coordination for shutoff, capping, and continuation of utility services as required. 5. 1.Provide a detailed sequence of demolition and removal work to ensure uninterrupted progress of Owner’s on-site operations.

B. Photographs of existing adjacent structures and site improvements. 1.3 JOB CONDITIONS A. Comply with all OSHA requirements. B. Obtain all permits necessary for all demolition work. C. Occupancy: Structures to be demolished will be vacated and use discontinued prior to start of work. D. Condition of Structures: Owner assumes no responsibility for actual condition of structures to be demolished. 6. 1.Conditions existing at time of inspection for bidding purpose will be maintained by Owner insofar as practicable. However, variations within structure may occur by Owner’s removal and salvage operations prior to start of demolition work.

E. Salvaged Materials: Items of salvable value to Contractor may be removed from structure as work progresses. Transport salvaged items from site as they are removed. 7. 1.Storage or sale of removed items will not be permitted on-site.

F. Explosives: Use of explosives will not be permitted. G. Explosives: Do not bring explosives to site or use explosives without written consent of authorities having jurisdiction. Such written consent will not relieve Contractor of total responsibility for injury to persons or for damage to property due to blasting operations. Perform required blasting in compliance with governing regulations. H. Traffic: Conduct demolition operations and removal of debris to ensure minimum interference with roads, streets, walks, and other adjacent occupied and used facilities. 8. 1.Do not close or obstruct streets, walks, or other occupied or used facilities without permission from authorities having jurisdiction. Provide alternate routes around closed or obstructed traffic ways if required by governing regulations.

I. Protections: Ensure safe passage of persons around area of demolition. Conduct operations to prevent damage to adjacent buildings, structures, and other facilities and injury to persons. 9. 10. 1. Erect temporary covered passageways as required by authorities having jurisdiction. 2.Provide interior and exterior shoring, bracing, or support to prevent movement, settlement, or collapse of structures to be demolished and adjacent facilities to remain.

J. Damages: Promptly repair damages caused to adjacent facilities by demolition operations. K. Utility Services: Maintain existing utilities indicated to stay in service and protect against damage during demolition operations. 11. 1.Do not interrupt existing utilities serving occupied or used facilities, except when authorized in writing by authorities having jurisdiction. Provide temporary services during interruptions to existing utilities, as acceptable to governing authorities. 2.Owner will shut off utilities serving structures. Disconnecting and sealing indicated utilities before starting demolition operations is part of this work. Do not start demolition work until utility disconnections have been completed and verified in writing.

12.

L. Utility Services: Disconnect, remove, or cap utility services as appropriate. Do not start demolition work until utility disconnections have been completed and verified in writing.

PART 2 -PRODUCTS (Not Applicable)

PART 3-EXECUTION 3.1 DEMOLITION A. Pollution Controls: Use water sprinkling, temporary enclosures, and other suitable methods to limit dust and dirt rising and scattering in air. Comply with governing regulations pertaining to environmental protection. 13. 1.Do not use water when it may create hazardous or objectionable conditions such as ice, flooding, and pollution. 2.Clean adjacent structures and improvements of dust, dirt, and debris caused by demolition operations. Return adjacent areas to condition existing prior to start of work.

14.

15. B. Building Demolition: Demolish buildings completely and remove from site. Use such methods as required to complete work within limitations of governing regulations. 16. 1. Small structures may be removed intact when acceptable to Engineer and approved by authorities having jurisdiction. Proceed with demolition in systematic manner, from top of structure to ground. Complete demolition work above each floor or tier before disturbing supporting members on lower levels. Demolish concrete and masonry in small sections. Remove structural framing members and lower to ground by hoists, derricks, or other suitable methods.

17.

18. 19.

20. 21.

Break up and remove concrete slabs-on-grade, unless otherwise shown to remain. Locate demolition equipment throughout structure and remove materials so as to not impose excessive loads to supporting walls, floors, or framing.

C. Below-Grade Construction: Demolish foundation walls and other below-grade construction, including concrete slabs, to a depth of not less than 18 inches below bottom of proposed improvements. D. Filling Basements and Voids: Completely fill below-grade areas and voids resulting from demolition of structures. Materials and methods are specified in another Division 2 Section. 22. 1.After fill placement and compaction, grade surface to meet adjacent contours and to provide flow to surface drainage structures.

3.2 SALVAGED MATERIALS A. General: Remove carefully to avoid damages. Materials for reuse on this project (if any) are to be incorporated into new work as indicated. 23. 1.Except for items indicated to be retained as Owner’s property, other removed and salvaged materials not indicated for reuse shall become Contractor’s property and removed from site with further disposition at Contractor’s option.

B. Vermin control: Employ a certified, licensed exterminator and treat entire area of building demolition and removal in accordance with governing health regulations for rodent and insect control. 3.3 DISPOSAL OF DEMOLISHED MATERIALS A. General: Remove weekly from site accumulated debris, rubbish, and other materials resulting from demolition operations. 1. Burning of combustible materials from demolished structures will not be permitted onsite.

B.

Removal: Transport materials removed from demolished structures and dispose of at designated spoil areas on Owner’s property. Removal: Transport materials removed from demolished structures and legally dispose off-site.

C.

END OF SECTION 02060

SECTION 02080 ASBESTOS REMOVAL

GENERAL

SUMMARY This section specifies procedures for the management and removal of asbestos-containing materials in accordance with the requirements of New York State’s Industrial Code Rule 56 (12 NYCRR 56). The Contractor will be required to apply for a New York State Department of Labor (NYS DOL) site specific variance for approval of alternative work practices allowing for the complete demolition of the buildings known as the Former King Fuels Site located at 8000 Water Street. The buildings, located at 8000 Water Street have been determined to be an imminent threat to the public due to unstable exterior conditions as well as numerous localized areas on the interior of the building with unstable framing and floor conditions. It should be clear to the contractor that access to this building at any time during the greater demolition project will be restricted to properly trained and NYS licensed asbestos abatement workers, unless an approved site specific variance for the NYS DOL deems otherwise.

WORK INCLUDED Quality control, project documentation, pre-work & close-out submittals. Preparation of the work area. Work area air monitoring. Final cleaning and subsequent cleanings as prescribed by applicable local, state and federal regulations. Post-abatement air clearance sampling, personal air monitoring, and asbestos disposal. REFERENCES Code of Federal Regulations (CFR) 29 CFR 1910.1001, “Asbestos” (OSHA). 29 CFR 1910.134, “Respiratory Protection” (OSHA). 29 CFR 1926.1101, “Asbestos in Construction” (OSHA). 40 CFR 61, Subpart M, “National Emission Standard for Hazardous Air Pollutants” (EPA). New York State Code of Rules and Regulations (NYCRR) Parts 56, 12 NYCRR, “Asbestos,” and Applicable Variances (DOL). Parts 360, 364, 6 NYCRR (Disposal and Transportation) (DEC/DOT). All State, County, and City codes and ordinances as applicable. QUALITY CONTROL SUBMITTALS

Submit the following items for approval by the TLDC and/or TLDC’s representative prior to commencement of the work involving asbestos-containing materials. No work shall commence until approval has been obtained. Provide proof of 10 day prior notification to the Environmental Protection Agency. Provide proof of 10 day prior notification to the New York State Department of Labor, Division of Safety and Health, Asbestos Control Bureau. If there are any changes in the notification information (e.g., start or completion date, quantity of material, etc.) provide proof that the updated information has been provided to the Department of Labor in written form. Provide a copy of a current New York State Department of Environmental Conservation Industrial Waste Hauler Permit. Submit a copy of a valid written Respiratory Protection Program as required by 29 CFR 1910.134. Submit copies of the Contractor’s and all Sub-Contractor’s Insurance Certificates. Submit a detailed plan of the work procedures to be used in the handling, removal and disposal of materials containing asbestos. Such plan shall include the location and layout of asbestos control areas and decontamination chambers, the sequencing of asbestos related work, the maintenance of a negative air pressure filtration system, the use of wetting agents and sealers, and a projected time schedule for completion of all phases of work. In addition this plan should provide a detailed description of projected crew sizes, equipment lists and emergency, contingency, and security procedures. Layout drawings of the work area including entrances/exits, negative air machine placements, vacuum removal equipment placement, and work area isolation barrier construction should be submitted with the plan. Submit written evidence that the landfill to be utilized for disposal is approved for asbestos disposal by the EPA and/or the NYSDEC. Submit a detailed plan for fire and medical emergencies describing procedures for evacuation, notification of local emergency personnel, and the care and decontamination of unconscious contaminated personnel. Submit a copy of a valid Contractor’s asbestos handling license pursuant to Subpart 56-2.1 part 56, 12 NYCRR. Submit valid, current certificates of training for each employee. Training certificates must be issued by a training provider approved by the New York State Department of Health. Submit documentation of respirator fit-testing for all Contractor’s employees and agents who must enter the work area. This fit-testing shall be in accordance with procedures as required by OSHA. Submit a copy of each employee’s asbestos handling certificate, pursuant to Subpart 56-2.2 Part 56, 12 NYCRR. Submit the name and experience record of the Supervisor to be used on the project. Include evidence of knowledge of applicable regulations; evidence of participation in and successful completion of an EPA approved training course in supervision of asbestos related work; and experience with asbestos related work in a supervisory position as evidenced through supervision of at least two asbestos abatement contracts. Submit a copy of the supervisor’s asbestos handling certificate pursuant to Subpart 56-2.2, Part 56, 12 NYCRR. Submit Material Safety Data Sheets (MSDS’s) for all chemicals to be used on this project. This list should include all encapsulants, spray adhesives, and wetting agents, in particular. An additional set of MSDS’s shall be provided to be kept on-site at the Asbestos Contractor’s job site office or at each independent Work Area. CONTRACT CLOSEOUT SUBMITTALS

Submit signed documentation for each day on which asbestos waste is removed from the site. Maintenance of such records is specified in Subpart 2.6A of this section. Submit a permanently bound log book containing on-site observations, conditions, and the names and signatures of personnel entering and exiting the work area. Maintenance of such records is specified in Subpart 2.6B of this section. Submit verification that the work area/s achieved final visual and air clearance criteria. Provide proof that final air clearance results have been submitted to the Commissioner of Labor at the nearest district office of the Asbestos Central Bureau. Submit an alphabetical listing of each employee used on the project and the exact dates on which they were present in the work areas. QUALITY ASSURANCE Licensing of Contractors and certification of asbestos workers shall be in accordance with New York State Labor Law Article 30 and Subpart 56-2, Part 56, 12 NYCRR. Prior to the start of preparatory work under this Contract, the Contractor shall attend a preconstruction conference and walk-through attended by the Owner, the Air Monitor and/or the Owner’s representative. Agenda for this conference will include, but not necessarily be limited to, the following: Contractor’s scope of work, work plan and schedule. Contractor’s safety and health precautions including protective clothing, safety equipment and decontamination procedures. Testing laboratory’s air monitoring plan. Contractor’s work procedures including: Methods of job site preparation and decontamination chamber set-ups, wetting agents, removal methods, respirator procedures; procedures for decontaminating the objects in the “decontamination and abatement” sections; methods of handling removed material and disposal procedures; cleanup procedures and equipment; signs and labels; fire exits and emergency procedures. DELIVERY, STORAGE, AND HANDLING All items and equipment arriving on site for use on the asbestos project shall be inspected by the Supervisor for compliance with the applicable regulations. All ventilated equipment shall be equipped with HEPA filters. All roadworthy vehicles used for asbestos-containing material transportation shall be posted with required signs and warnings and permitted.

All storage of equipment shall be such that there is no possibility of cross-contamination of non-asbestos work areas. Post the applicable signs on all asbestos storage containers.

SITE CONDITIONS The Contractor shall visit the site and acquaint himself with all existing conditions. SEQUENCING AND SCHEDULING Notify the Owner and his representatives at least 48 hours prior to the start of any removal operations. The work and each phase of work is to start and to be completed according to the schedule mutually agreed upon between the TLDC and/or TLDC’s representative and the Contractor.

EXECUTION
EXAMINATION Examine areas in which work is to be performed. Report in writing to the TLDC or TLDC’s representative all prevailing conditions that will adversely affect satisfactory execution of work, within 24 hours of discovery. PREPARATION Comply with the most recent versions of all applicable state and federal regulations governing asbestos removal operations, including any NYSDOL approved site-specific variances or applicable variances and the NYSDOL variance conditions. Utilities: There are currently no active utilities servicing this building. Electric. Contractor shall provide temporary electric power as necessary for the duration of the project. Comply with applicable NEMA, NECA, and U.L. standards and governing regulations for materials and layout of temporary electrical services. Water. Contractor shall provide temporary valved hot and cold water for the duration of the project. Hot and cold water service shall be provided to the decontamination units shower room. Provide temporary lighting with “weatherproof” fixtures for all work areas. Post all required notices in a conspicuous location outside the decontamination chambers. ASBESTOS REMOVAL Comply with the most recent versions of all applicable state and federal regulations governing the removal of asbestos-containing materials, including any NYSDOL approved and site-specific variances and the applied conditions Insure that non-authorized personnel are not allowed access to the work area at any time after the areas become regulated and commencement of abatement activities. Secure all entrances and exits to the work area at all times. FINAL CLEANING Final project cleaning shall be conducted in accordance with applicable local, state and federal regulations including any NYSDOL approved and site-specific variances and the applied conditions. FIELD QUALITY CONTROL Air Monitoring. Area monitoring shall be conducted by a qualified firm retained by the Contractor using the methods and procedures specified by State and Federal regulations including 40 CFR 736 and 12 NYCRR 56-17.

Contractor Supervisor. At the work site the Contractor shall employ a construction superintendent or foreman who shall have full authority to act for the Contractor and who shall not be replaced without prior notification to the TLDC or the TLDC’s Representative. The superintendent or foreman must be acceptable to the TLDC and shall be maintained on the job unless he ceases to be on the Contractor’s payroll. RECORD MAINTENANCE Document each day on which asbestos waste is removed from the site. This documentation shall include the amount of waste removed, the name and address of the permitted asbestos waste transporter, and the quantity of waste received and signed for by the landfill official who accepted final delivery. At each point where possession of the asbestos waste is transferred, the Asbestos Disposal Form must be signed by the Agency relinquishing possession and countersigned by the Agency receiving possession. Upon final receipt of the asbestos waste at the designated landfill, the completed and signed forms shall be forwarded to the TLDC or the TLDC’s designated representative before authorization of project completion will be issued. Maintain a permanently bound log book of minimum 7-1/2" x 9-1/2" size. Log book shall contain the project name; the name, address and phone number of the Owner and any of his representatives who maintain authority over the project; the name, address and phone number of the Abatement Contractor; name, address and phone number of the Air Monitoring Firm; emergency numbers including, but not limited to, local Fire/Rescue department. Upon completion of the job as a condition of its acceptance, submit the job log book for inspection by the Owner. DISPOSAL OF ASBESTOS WASTE Insure and document all waste is properly containerized and labeled in accordance with all applicable state and federal regulations. This shall include the labeling of all containers of asbestos waste with the name and location of the abatement site and the Contractor who generated the waste as outlined in NESHAPS Revision 40 CFR61, Subpart M, 1990. Insure and document that the proposed waste hauler is licensed and certified by the State of New York to transport asbestos waste. Insure and document that the landfill to be utilized for disposal is approved for asbestos disposal by the EPA and/or the appropriate local or state agency governing asbestos waste disposal. Transport asbestos waste in accordance with applicable local, state and federal regulations. Asbestos materials must be delivered in separate shipments. It must not be transported with other materials. Retain all waste manifests and receipts. END OF SECTION 02080