kos ciusz ridge project - (bin 1075699)...kos ciusz db ko b pin con a no ridge x731.24, trac dde...

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New York State Department of Transportation

Modification to the Request for Proposals Kosciuszko Bridge Project

PIN X731.24, Contract D900011

General Instructions Delete Page 19 of Instructions to Proposers and substitute with the attached revised Page 19.

Delete Pages B-6 and B-20 of Instructions to Proposers – Appendix B, Technical Proposal Submittal Requirements and substitute with the attached revised Page B-6 and B-20.

Delete the Second and Third Pages of Form SA of Instructions to Proposers – Appendix D, Forms and substitute with the attached revised Second and Third Pages of Form SA.

Add the attached Form SA Attachment 1 to the Instructions to Proposers – Appendix D, Forms.

Delete Form SP of Instructions to Proposers – Appendix D, Forms and substitute with the attached revised Form SP.

Delete Form WPS of Instructions to Proposers – Appendix D, Forms and substitute with the attached revised Form WPS.

Delete Page F-9 of Instructions to Proposers – Appendix F, Abbreviations and Definitions and substitute with the attached revised page F-9.

Delete Pages 9, 11, and 11A of DB Contract Documents, Part 1, DB Agreement and substitute with the attached revised Pages 9, 11, and 11A.

Delete Pages 6, 35, and 49 of DB Contract Documents, Part 2, DB 100 General Provisions and substitute with the attached revised Pages 6, 35, and 49.

Delete Pages 13, 14, 31, 32, 50, 66, 78, 126, 128, 148 and 152 of DB Contract Documents, Part 3, Project Requirements and substitute with the attached revised Pages 13, 14, 31, 32, 50, 66, 78, 126, 128, 148 and 152.

Delete Drawing GN-01, DP-03. DP-08 and DP-09 of DB Contract Documents, Part 6, RFP Plans and substitute with the attached revised GN-01, DP-03, DP-08 and DP-09.


Delete Page 2 of DB Contract Documents, Part 8, Special Specifications and substitute with the attached revised Page 2.

Add the attached Special Specification Item 800.09000015 – Design-Build – Partnering Workshop to DB Contract Documents, Part 8, Special Specifications.


Kosciuszko Bridge Project - Phase 1 (BIN 1075699) Instructions to Proposers-General Instructions PIN X731.24, Contract D900011 19 Addendum #5 - November 1, 2013

Only Proposers that submit Proposals that (1) achieve a “pass” rating on all Pass/Fail Evaluation Factors; (2) meet or exceed the minimum qualifying quality based evaluation threshold as required in the RFP; (3) are Competitive and Reasonable; and (4) are not selected by the Department (“Stipend-Eligible Proposer”) shall be eligible to be paid a Stipend within approximately 120 days of after the execution of the Contract or the rejection of all Proposals. Proposers that do not meet the above criteria shall have no claim to a Stipend or compensation in any form based upon any legal or equitable theory. The Proposer awarded the Contract will not be eligible to receive a Stipend.

Stipend-Eligible Proposers must execute the Stipend Agreement and provide the Department with the licenses required by Article 2 of the Stipend Agreement no later thanwithin 320 calendar days of after the announcement of the selection of the Best Value Proposal. Extensions may be granted at the sole discretion of the Department. Any Stipend-Eligible Proposer that fails to execute the Stipend Agreement and provide the Department with the licenses required by Article 2 of the Stipend Agreement within no later than 320 calendar days of after the announcement of the selection of the Best Value Proposal, will forfeit all rights to receipt of a Stipend. No Proposer will be eligible for payment of any Stipend Amount if the Proposer has filed an unsuccessful protest of the procurement process, award, or cancellation of the procurement. In addition, as a condition of accepting payment of any Stipend Amount, the Proposer shall agree to not file any protest of the procurement process, award, or cancellation of the procurement after accepting payment of the Stipend.

In consideration for paying the Stipend and executing the Stipend Agreement (see Appendix D), the Department may use any ideas or information contained in the Proposal, including ATCs, in connection with the Project or in connection with a subsequent project without any obligation to pay any additional compensation to any Proposer that accepts the Stipend.

If the Department does not award a Contract in connection to any of the Proposals, the Department may award the Stipend to each Stipend-Eligible Proposer that agrees to the terms of the Stipend Agreement.

Subject to the requirements and limitations set forth in the Stipend Agreement, the Department shall pay to the Stipend-Eligible Proposer, and the Stipend-Eligible Proposer agrees to accept as full compensation for its Work Product, an amount (the “Stipend Amount”) equal to 50% of the Proposer’s total Qualified Costs, as substantiated in accordance with Article 3 (D) & (E) of the Stipend Agreement, not to exceed $1,000,000.00.

If, for any reason, the Department suspends or cancels the procurement process for this Project prior to the due date for proposals, the Department, in its sole discretion, may elect to pay Stipends that the Department deems, in its sole discretion, appropriate under the circumstances. Proposer must comply with the terms and conditions of the Stipend Agreement. In the interest of clarity, this provision does not contemplate or establish the basis for quantum meruit payments to Proposer.


Kosciuszko Bridge Project - Phase 1 (BIN 1075699) Instructions to Proposers - Appendix B PIN X731.24, Contract D900011 B-6 Addendum 5 - November 1, 2013

B. Provide a life-cycle cost analysis, consistent with the methodology and process steps described in FHWA 02 047, Life-Cycle Cost Analysis Primer, that includes all scheduled maintenance, impacts to traffic costs, expected maintenance intervals, and cost in 2013 dollars using a discount rate of 3%; The Life-Cycle Cost Analysis shall not include the Proposer’s Proposed price for the Base Project or Base Project plus the Option.

C. Provide supporting drawings (on 11"x17" sheets of paper) showing how access to the Project will be achieved for future maintenance and inspection. Include location of access elements with approximate sizes and clearances along with maintenance and inspection equipment that will be required.

D. Describe the details and materials that will be used or evaluated for elements susceptible to the corrosion, including those details and materials proposed for the stay cables and anchorages;

E. Describe how the Proposer’s design and construction approach will achieve and/or extend the service life of structures and structural elements; and

F. Describe how the Proposer’s design and construction approach will minimize short-term and long-term maintenance efforts and costs for the completed Project. Proposers should identify elements of the Proposal that will enhance the long-term beneficial use of the Project by the Department and the public.

B3.4 VISUAL QUALITY AND LIGHTING PLAN

The Proposer should provide an Initial Visual Quality and Lighting Plan (VQP) that should include elevation views, plan views, cross sections and details for each main span, approaches, retaining walls, local streets and all elements that are included in the visual impact of the project. The preliminary plan should define the configuration and details of the primary structural members, including height, shape, tapers, approximate dimensions, cross sections, orientation, and architectural details.

Provide architectural concept drawings and renderings, along with supporting narratives that comply with the visual criteria set forth in Part 3 – 8. Visual Quality for both the Eastbound and Westbound structures as follows:

A. Aesthetic concepts for the main cable-stayed structure addressing the different perspectives of a driver and a distant observer located from the points depicted in the Preliminary Visualizations, provided in Contract Documents Part 7 - Engineering Data.

B. Aesthetic concepts for the bridge approaches and connectors, demonstrating harmony with the main span concepts and approaches, as well as concepts for the support piers, columns, abutments and associated earth retaining structures.

C. Concepts for the shared-user path with detailed examples of how non-vehicular users of the new crossing will interface and relate to the structure, roadway and Project components.

D. Color renderings showing architectural concepts proposed.


Kosciuszko Bridge Project - Phase 1 (BIN 1075699) Instructions to Proposers - Appendix B PIN X731.24, Contract D900011 B-20 Addendum 5 - November 1, 2013

Table B Format of Volume 2

Proposal Component Reference Volume 2, Section 1 – Key Personnel

Key Personnel Resumes (maximum 2 pages each resume) B2.0 Form R – Summary of Individuals Experience B2.0

Volume 2, Section 2 – Technical Solutions Submittal Design Plan (maximum 10 pages) B3.1.1 Copies of Department’s approval letters for each ATC that is incorporated into the Proposer’s proposal

Constructability Plan (See Tables B1 and B2) Service Life and Initial Corrosion Protection Plan (maximum. 15 pages plus supportive drawings) B3.3

Visual Quality and Lighting Plan (Visual Quality: maximum 3 pages plus up to 7 concept drawings and 4 color renderings from defined viewpoints) (Lighting: maximum 2 pages plus up to 5 plans and 3 color renderings)

B3.4

Geotechnical Work Plan (maximum 5 pages) B3.5 Environmental Compliance Plan (maximum 5 pages) B3.6

Volume 2, Section 3 – Management Plans Overall Design-Build Team Organization Plan (max. 4 pages plus organization charts and resumes of construction personnel not identified as key personnel)

B4.1

Design Management Plan (maximum 4 pages plus organization charts) B4.2 Construction Management Plan (maximum 5 pages plus organization charts) B4.3

Initial Traffic Management Plan (maximum 4 pages plus drawings) B4.4 Initial Risk Management Plan (maximum 5 pages) B4.5 Initial Quality Control Plan (maximum 25 40 pages plus organization charts and resumes of QC personnel not identified as key personnel or included in the Overall Design-Build Team Organization Plan)

B4.6

Volume 2, Section 4 – Schedule Initial Phasing/Sequencing Plan (See Tables B1 and B2) Initial Baseline Schedule and Form SCD (See Tables B1 and B2)

Volume 2, Section 5 – Project Support Public Involvement Program Support Plan (maximum 3 pages) B6.1

Volume 2, Attachment A – Design Drawings Design Drawings B3.1.2

Note: Volume 2, Attachment A – Design Drawings, shall be submitted in a separate 11”x17” binder.


Kosciuszko Bridge Project (BIN 1075699) PIN X731.24, Contract D900011

Form SA Instructions to Proposers, Appendix D Addendum #5 – November 1, 2013

represents and warrants that it has the right to grant NYSDOT irrevocable, non-exclusive, perpetual, royalty-free licenses to use such intellectual property for the purposes specified herein. As of the date of this Agreement, the Proposer hereby assigns such licenses to NYSDOT, and agrees to indemnify, defend, and hold harmless NYSDOT and the State of New York from any and all claims, costs, expenses, and damages of every kind resulting from infringement allegations related to NYSDOT’s exercise of the intellectual property rights granted herein.

The foregoing shall not be deemed a requirement for the Proposer to provide off-the-

shelf software to NYSDOT. ARTICLE 3. PROVISION FOR PAYMENT. A) The Stipend will be paid by NYSDOT to the Proposer only under the

circumstances specified in this Article 3. The Proposer will not be entitled to payment of any Stipend Amount if the Proposal fails to:

1) Achieve a rating of “pass” on all Pass/Fail Evaluation Factors found in the RFP for the Project; or

2) Meet or exceed the minimum qualifying quality based evaluation threshold as required in the RFP; or

3) Include a competitive and responsible price proposal for the Project. B) The Proposer will not be entitled to payment of any Stipend Amount if the

Proposer has filed an unsuccessful protest of the procurement process, award or cancellation of the procurement. In addition, as a condition of accepting payment of any Stipend Amount, the Proposer agrees to not file any protest of the procurement process, award, or cancellation of the procurement after accepting payment of the Stipend.

C) The Proposer will not be entitled to payment of any Stipend Amount if the Proposer fails to submit an invoice in accordance with (D), below, or fails to provide satisfactory evidence substantiating its Qualified Costs (as defined in (E), below) in accordance with (D), below.

D) In order to receive payment of the Stipend Amount, the Proposer shall submit to NYSDOT two signed originals of Attachment 1 of this Stipend Agreement, two copies of a single invoice for its proposed Stipend Amount, and two copies oftogether with all documentation required under (E), below, not later than 20 calendardays following the date of award of the Contract. If NYSDOT disagrees with the proposed Stipend Amount set forth in the Proposer’s initial invoice, NYSDOT will notify the Proposer in writing of its determination of the appropriate Stipend Amount based on its review of the Proposer’s substantiated costs, and the Proposer shall submit a revised invoice to NYSDOT within 14 days following receipt of any such notice.

E) The Proposer shall maintain written records substantiating all Qualified Costs in

sufficient detail to permit a proper audit thereof. Such records shall be made available for audit or verification of Qualified Costs upon request of NYSDOT at the time of this Agreement and for three years after final payment of the Stipend Amount is made. “Qualified Costs” shall comprise the direct costs that are allowable and reasonable, and incurred by the Proposer, the Proposer’s team, or third-parties acting at the direction of the Proposer in the production of the Work Product. Unallowable Proposer costs are described in CFR-2011 – Title 48 – Volume 1 – Part 31 – Subpart 31.6. The Proposer shall submit to NYSDOT copies of all substantiating documentation of Qualified Costs concurrently with the submission of its invoice for the Stipend Amount, and at any other time upon NYSDOT’s request. Failure of the Proposer, the Proposer’s team, or third-



Form SA Instructions to Proposers, Appendix D Addendum #5 – November 1, 2013

parties acting at the direction of the Proposer to maintain and retain sufficient records to allow audit or verification of Qualified Costs, or failure to allow NYSDOT or its agents access to the same, shall constitute a waiver of the right to any payment of a Stipend, and any Stipend Amount paid to the Proposer under this Agreement shall be immediately returned to the NYSDOT.

F) The Proposer must execute this Stipend Agreement and provide NYSDOT with

the licenses required by Article 2 no later thanwithin 320 calendar days ofafter the announcement of the Best Value Proposal. Extensions may be granted at the sole discretion of NYSDOT.

G) A failure by any Proposer to comply with Article 3(F) constitutes a waiver to the

right to any payment of a Stipend. H) Subject to the requirements and limitations set forth herein, NYSDOT shall pay to

the Proposer, and the Proposer agrees to accept as full compensation for its Work Product, an amount (the “Stipend Amount”) equal to 50% of the Proposer’s total Qualified Costs, as substantiated in accordance with (D) & (E), above, not to exceed $1,000,000.00.

ARTICLE 4. PAYMENT OF STIPEND AND WAIVER OF CLAIMS. A) The Proposer is required, if it is a foreign or out of state corporation or entity, to

obtain and submit the required tax clearance certificate to NYSDOT to enable the processing of the payment of the Stipend Amount. It should be noted that any time taken to satisfy or furnish this tax clearance certificate shall extend any required payment date by an equal period of time.

B) Acceptance by the Proposer of payment of the Stipend Amount from NYSDOT

shall constitute a waiver by the Proposer of any and all rights, equitable or otherwise, to bring any claim or protest against either of NYSDOT or the State of New York, or any of their officers, directors, agents, employees, representatives or advisers and their successors and assigns, in connection with the procurement of the Project, including, without limitation, the procurement process, any award of the Contract or any cancellation of the procurement.

ARTICLE 5. NYSDOT’S PROJECT MANAGER. The following person, or his/her

successor, is NYSDOT’s Project Manager: Name: Title: Address: Phone: Email : ARTICLE 6. PROPOSER’S PERSONNEL. The following person, or his/her successor,

is the Proposer’s Authorized Representative:

Name: Address: Phone: Email:



Form SA Attachment 1

Instructions to Proposers, Appendix D Addendum #5 – November 1, 2013

ATTACHMENT 1 TO STIPEND AGREEMENT CERTIFICATION BY FIRM I, __________________________________ (name), do hereby certify that I am the _____________________________ (title) of ____________________________ (firm), for the work referred to in the forgoing payment request, that I am the person in whose name the foregoing account against the State of New York is rendered, that the labor, materials, expenses or services charged for were actually delivered, incurred or rendered, as named heretofore, and that the prices charged are just and reasonable; that no percentage or compensation has been paid or promised to be paid to any manager, trustee, officer or employee of said institution, department, board or commission, by reason of the claimant having been allowed to sell to, incur expense for, or render services to, said institution; and also, that to the best of my knowledge and belief, no manager, trustee, officer or employee of said institution, department, board or commission has, or has had, any interest directly or indirectly in said articles, materials, expenses or services; and that no part of the foregoing account has been paid, and that the above statement is true and correct. _______________ ____________________________ (Date) (Signature) CERTIFICATION BY DEPARTMENT I, __________________________________ (name), do hereby certify that I am the _____________________________ (title) employed in the supervision of the work described in the attached Payment Request; that the materials, labor and services have been furnished and the work properly performed in accordance with the contract; and that payment in the sum of $_______________ can be made on this contract without detriment to the interests of the State, to the best of my knowledge and belief. _______________ ____________________________ (Date) (Signature)



Form SP Instructions to Proposers, Appendix D Addendum #5 – November 1, 2013

FORM SP SCHEDULE OF PRICES FORM

(BASE PROJECT) Proposer:______________________________________________________________

Item # Item Name Price (1)

800.06000115 Design Build – Construction Work 800.04000015 Design Build – Force Account Work $25,000,000.00

Subtotal A

800.05000015 Design Build – Site Mobilization (Maximum 4% of Subtotal A) Subtotal B (Sum of Subtotal A and Site Mobilization)

800.01000015 Design Build – Design Services 800.02000015 Design Build – Construction Inspection Services 800.03000015 Design Build – Quality Control Services 800.09000015 Design-Build – Partnering Workshop $50,000.00

TOTAL PROPOSAL PRICE

Notes: 1) Proposers shall complete Form SP (Base Project) using the excel spreadsheet located on

the Department’s Project web site. 2) Subtotal B will be the value used to calculated the 51% Prime/DB self work requirement. Instructions: 1) Enter Lump Sum Price for each Price Item in the white, non-shaded cells.



Form SP Instructions to Proposers, Appendix D Addendum #5 – November 1, 2013

FORM SP SCHEDULE OF PRICES FORM

(BASE PROJECT PLUS THE OPTION) Proposer:______________________________________________________________

Item # Item Name Price (1)

800.06000115 Design Build – Construction Work 800.04000015 Design Build – Force Account Work $25,000,000.00

Subtotal A

800.05000015 Design Build – Site Mobilization (Maximum 4% of Subtotal A) Subtotal B (Sum of Subtotal A and Site Mobilization)

800.01000015 Design Build – Design Services 800.02000015 Design Build – Construction Inspection Services 800.03000015 Design Build – Quality Control Services 800.09000015 Design-Build – Partnering Workshop $50,000.00

TOTAL PROPOSAL PRICE

Notes: 1) Proposers shall complete Form SP (Base Project Plus the Option) using the excel

spreadsheet located on the Department’s Project web site. 2) Subtotal B will be the value used to calculated the 51% Prime/DB self work requirement. Instructions: 1) Enter Lump Sum Price for each Price Item in the white, non-shaded cells.



Form WPS Instructions to Proposers, Appendix D Addendum #5 – November 1, 2013

FORM WPS WORK PAYMENT SCHEDULE

(Base Project)

WORK ITEM MAX. % OF LUMP SUM

PRICE

PERCENT OF LUMP SUM

PRICE(1)

Clear ROW in Brooklyn (Including Building Demo) 3%

Clear ROW in Queens (Including Building Demo) 1%

Reconstruct existing beds of street in Brooklyn 3%

Reconstruct existing beds of street in Queens 1%

Relocate existing utilities in Brooklyn 2%

Relocate existing utilities in Queens 1%

Construct new EB Main Span - Superstructure 10%

Construct new EB Main Span - Substructure 8%

Construct new EB Brooklyn Approach - Superstructure 11%

Construct new EB Brooklyn Approach - Substructure 8%

Construct new EB Queens Approach - Superstructure 8%

Construct new EB Queens Approach - Substructure 6%

Construction new Brooklyn Connector - Superstructure 10%

Construction new Brooklyn Connector - Substructure 10%

Construction new Queens Connector - Superstructure 4%

Construction new Queens Connector - Substructure 4%

Erection and demolition of temporary bridge - Brooklyn 6%

Erection and demolition of temporary bridge - Queens 6%

Construct new bridge drainage sewer - Brooklyn 1%

Construct new bridge drainage sewer - Queens 1%

Demolition Main Span 2%

Demolition Brooklyn Approach 5%

Demolition Queens Approach 3%

Demolition Brooklyn Connector 3%

Demolition Queens Connector 1%

Streetscaping improvements - Brooklyn 0.5%

Sreetscaping improvements - Queens 0.5%

Sitework at Laurel Hill Site 1%

Environmental (Handling and Disposal of Contaminated/Hazardous Soil and Groundwater and Asbestos Containing Materials)

1%

Electrical/ITS 1%

Maintenance and Protection of Traffic 2%




Punch list work, Final Cleanup (Per DB § 104-12) and Restoration 21% 21% (fixed)

Final Acceptance (Per DB §109-12.1) 21% 21% (fixed)

Final Agreement (Per DB §109-12.2) 2% 2% (fixed)

(1) Percent of Lump Sum Price to be completed by Proposer. Total percent for all Work Items shall equal 100%




FORM WPS WORK PAYMENT SCHEDULE (Base Project plus the Option)


PRICE

PERCENT OF LUMP SUM

PRICE(1)













Construct new WB Main Span - Superstructure 8%

Construct new WB Main Span - Substructure 6%















Sreetscaping improvements - Queens 0.5%



1%

Electrical/ITS 1%





Punch list work, Final Cleanup (Per DB § 104-12) and Restoration 21% 21% (fixed)

Final Acceptance (Per DB §109-12.1) 21% 21% (fixed)

Final Agreement (Per DB §109-12.2) 2% 2% (fixed) (1) Percent of Lump Sum Price to be completed by Proposer. Total percent for all Work Items

shall equal 100%


Kosciuszko Bridge Project – Phase 1 (BIN 1075699) Instructions to Proposers Appendix F PIN X731.24, Contract D900011 F-9 Final August 27, 2013

“Proposal Due Date” means the date specified in the ITP on which the Proposal is due to the Department’s Designated Representative. “Proposal Information” means the documents so designated in the ITP and submitted to the Department by the Proposer/Design-Builder in accordance with the ITP that will be included in the Contract Documents. The Proposal Information is part of the Quality Proposal. “Proposer” means a Person on the Shortlist. “Proposer’s Representative” means an individual authorized to bind a Proposer who is designated in writing by the Proposer (in the Proposer’s SOQ or other written notice to the Department’s Designated Representative) as the Proposer’s sole point of contact for the purposes of communications with the Department during the procurement of this Project.

“Qualified Costs” means the costs that directly support a certain cost objective (project). Examples of qualified costs (subject to limitations of any other contract stipulations such as limits on hourly rates or not to exceed Governmental travel rates) can include the following:

‐ Compensation of employees time charges related to project ‐ Cost of materials acquired, consumed, or expended related to project ‐ Cost of equipment utilized related to project ‐ Travel expenses incurred related to project

Overhead rates are not included as part of the qualified costs.

“Quality Assurance” means all planned and systematic Oversight actions by the Department necessary to provide confidence that the Design-Builder is performing QC in accordance with the Quality Control Plan, that all Work complies with the Contract and that all Materials incorporated in the Work, all Equipment, and all elements of the Work will perform satisfactorily for the purpose intended. Quality Assurance includes, but is not limited to, monitoring and verification of design through auditing, spot-checking and participation in the review of the design, and monitoring and verification of construction, manufacturing/process facilities and equipment, on site equipment and QC documentation through auditing, spot inspections and Verification Sampling and testing at production sites and the Project Site. Quality Assurance also includes Independent Assurance, consultation and provision of written comments by the Department, documentation of QA activities, final inspection and Final Acceptance. “Quality Assurance Program” means the overall quality program and associated activities including the Department’s Quality Assurance, Design-Builder Quality Control, the Contract’s quality requirements for design and construction to assure compliance with Department Specifications and procedures. “Quality Control” means the total of all activities performed by the Designer, Construction Inspection Professional Engineering Firm and the Materials Testing Firm or Laboratory to ensure that the Work performed by the Design-Builder conforms to the requirements of the Contract Documents. For design, Quality Control activities shall include, but not be limited to, procedures for design quality, checking, design review including reviews for constructability, and review and approval of Working Plans. For construction, Quality Control activities shall include, but not be limited to, procedures for materials handling and construction quality, inspection, sampling and testing of materials both on site and at the plant(s), field testing of materials, obtaining and verifying Materials Certifications, record keeping, and equipment monitoring and


Kosciuszko Bridge Project - Phase 1 (BIN 1075699) 9 Part 1 - DB Agreement PIN X731.24, Contract D900011 Addendum #5–November 1, 2013

9. Waiver of Indemnities. The Design-Builder waives any right of action it and/or its insurance carrier might have against the Department (including its employees, officers, commissioners or agents) for any loss that is covered by a policy of insurance that is required by this contract, where that right of action is based upon an indemnification from the Department or any third party. The Design-Builder waives any right of action it and/or its insurance carrier might have against the Department (including its employees, officers, commissioners or agents) for any loss, whether or not such loss is insured, where that right of action is based upon an indemnification from the Department or any third party. The Design-Builder waives any right of action it and/or its insurance carrier might have against the Department (including its employees, officers, commissioners, or agents) for any loss, whether or not such loss is insured.

10. Subcontractor’s Liability Insurance. In the event that any portion of the work described in this contract is performed by a subcontractor, the insurance requirements of this Article shall be incorporated into the subcontract agreement. Subcontractor insurance requirements shall include the requirements for Workers’ Compensation, Commercial General Liability, and, if applicable, Commercial Auto and/or Professional Liability. Excess or umbrella insurance is not required for subcontractors. Design-Builder shall require that Certificates of Insurance, meeting the requirements of the Department are provided to the Department documenting the insurance coverage for each and every subcontractor employed by them to do work under this contract. B. Insurance Requirements. The types of insurance and minimum policy limits shall be as follows: 1. Workers’ Compensation and Disability Insurance. As required by State Finance Law §142, the Design-Builder shall maintain in force workers’ compensation insurance upon forms required by or acceptable to the Workers Compensation Board for all of Design-Builder’s employees. Design-Builder shall also maintain disability insurance as required by the Disability Benefits Law of the State of New York.

2. Commercial General Liability Insurance. The Design-Builder shall maintain an occurrence form commercial general liability policy or policies insuring against liability arising from premises (including loss of use thereof), personal injury or death, advertising injury, liability insured under an insured contract (including the tort liability of another assumed in a business contract) occurring on or in any way related to the premises or occasioned by reason of the operations of Design-Builder. Such coverage shall be written on an ISO occurrence form (ISO Form CG 00 01 12 07 or a policy form providing equivalent coverage) in an amount of not less than $25,000,000.00 per occurrence and not less than $50,000,000.00 aggregate. Unless otherwise provided, the policy or policies of insurance providing the liability coverage shall include: a. Coverage for contractual liability assumed by the Design-Builder insured under an insured contract (including the tort liability of another assumed in a business contract). b. All insurance policies required by these specifications except workers’ compensation and professional liability shall be endorsed to provide coverage to the People of the State of New York, the State of New York, the Commissioner of Transportation, all employees of the Department of Transportation both officially and personally, any municipality in which the work is being performed, any public benefit corporation, railroad, public utility whose property or facilities are affected by the work, any consultant inspecting engineer or inspector working for or on the contract, and their agents or employees using ISO form CG 20 10 11 85, CG 20 37 07 04, CG 20 33 07 98 when used in combination with CG 20 37 07 04, or CG 20 33 10 01 or a policy form or forms providing equivalent coverage. c. Products-Completed Operations Coverage, as provided in the General Liability Policy, or in certain instances through ISO form CG 26 11 09 99 or suitable equivalent. d. Where contract work will be performed by unregistered off-road equipment, Design-Builder shall provide documentation of a blanket Pollution Liability policy, or an endorsement to cover short-term pollution events, ISO form CG 04 33 10 01 or equivalent. e. Coverage for claims for bodily injury asserted by an employee of an additional insured and any Employer Liability Exclusion which may otherwise operate to exclude such coverage


Kosciuszko Bridge Project - Phase 1 (BIN 1075699) 11 Part 1 - DB Agreement PIN X731.24, Contract D900011 Addendum #5–November 1, 2013

7. Professional Liability/Errors and Omissions. The Design-Builder’s designer shall maintain at its own expense such insurance as is customary to compensate Department for any claims or losses that occur because of Designer’s errors, omissions, malpractice, or breach of professional obligations. Such policy or policies may be written on a claims-made form, so long as coverage is maintained to cover claims arising from the performance of services under this contract. Said coverage may be subject to a deductible of no more than $500,000.00 subject to approval by Department. It is also agreed that Department may withhold payment for services rendered under this contract in the event and to the extent any deductible in the event that a claim is asserted. Such coverage shall be written on a claims-made basis (or a policy form providing equivalent coverage) in an amount of no less than $10,000,000.00 per claim and $10,000,000.00 in the aggregate. The policy shall have a retroactive date no later than the date on which the RFP was issued. The policy shall have an extended reporting period of five years after Final Acceptance. 8. Builders’ Risks Policy. The Design-Builder shall procure and maintain a Builder’s Risk policy in a form such as ISO form CP 00 20 10 90 or a policy providing equivalent coverage, covering the perils insured under and including the special causes of loss form, including collapse, water damage, and transit and theft of building materials, with deductible not to exceed the amount of the bid deposit or $100,000, whichever is less, in non reporting form, with limits of coverage of not less than $100,000,000.00, covering the total value of work performed and equipment, supplies and materials at the location of the Work as well as at any off-site storage locations. The policy shall cover the cost of removing debris, including demolition as may be legally necessary by the operation of any law, ordinance or regulation, and for loss or damage to any owned, borrowed, leased or rented capital equipment, tools, including tools of their agents and employees, staging towers and forms, and property of Department held in their care, custody and/or control. Such policy shall name as insured, The People of the State of New York.

9. Railroad Protective Liability Insurance. The Contractor shall maintain at its own expense railroad protective liability policy of insurance in the name of the affected railroad and with limits of coverage of not less than $2,000,000.00 combined Bodily Injury Liability and/or Property Damage for each occurrence with a $6,000,000.00 Aggregate Limit applying separately to each annual period. Said policy shall be subject to the approval of the railroad and comply with Federal Aid Policy Guide 23 CFR 646 subpart A.

10. Marine Protection & Indemnity. The Design-Builder shall provide and maintain Marine

Protection and Indemnity coverage under a marine policy providing coverage for all marine operations under the Contract, with a minimum limit of $5,000,000,000. When the limits of the Marine Policy procured are insufficient to meet the limits specified, the Design-Builder shall procure and maintain an excess with limits in excess of the primary; provided, however, that the total amount of insurance coverage is at least equal to the requirements set forth above. Such policies shall follow the same form as the primary policy. Any insurance maintained by the Department or any additional insured shall be considered excess of and shall not contribute with any other insurance procured and maintained by the Design-Builder including the marine policy, regardless of the “other insurance” clause contained in either parties’ policy. To the extent marine operations are to be conducted by a Subcontractor and not the Design-Builder directly, the Design-Builder may cause the Subcontractor to provide and maintain the requisite Marine Protective and Indemnity coverage. 11 . Pollution Legal Liability. The Design-Builder shall procure, or otherwise obtain and maintain in full force and effect throughout the term of the contract, and for two years after completion hereof, pollution legal liability insurance with limits of not less than $25,000,000,


Kosciuszko Bridge Project - Phase 1 (BIN 1075699) 11A Part 1 - DB Agreement PIN X731.24, Contract D900011 Addendum #5–November 1, 2013

providing coverage for bodily injury and property damage, including loss of use of damaged property or of property that has not been physically injured. Such policy shall provide coverage for actual, alleged or threatened emission, discharge, dispersal, seepage, release or escape of pollutants or in the investigation, settlement or defense of any claim, suit, or proceedings against the Department arising from the Design-Builder’s work. Such policy shall contain an extended reporting period of three years following Final Acceptance. In addition to the additional insured requirements of 17.A.4 above, the policy shall also name as additional insured Phelps Dodge Refining Corporation and Sagres LLC[legal names of Phelps Dodge and Sagres].

ARTICLE 18. INDEMNIFICATION The Design-Builder shall be responsible for all damage to life and property due to negligent or otherwise tortious acts, errors or omissions of the Design-Builder in connection with its services under the Contract Documents. To the fullest extent permitted by law: (a) the Design-Builder shall indemnify, hold harmless, and release the Department and/or the State of New York, any municipality in which the Work is being performed; and/or any public benefit corporation, railroad or public utility whose property or facilities are affected by the Work from suits, claims, actions, damages, and costs of every name and description resulting from the Work under this Contract and until the Final Acceptance thereof; (b) with respect to personal injury or property damage occurring after Final Acceptance and not covered by the indemnity in clause 107-27.1(a), the Design-Builder shall indemnify, hold harmless, and release the Department and/or the State of New York, any municipality in which the Work is being performed; and/or any public benefit corporation, railroad or public utility from suits, claims, actions, damages, and costs of every name and description resulting from negligent or otherwise tortious acts, errors or omissions of the Design-Builder in connection with its services under the Contract Documents; and (c) the Design-Builder shall indemnify, hold harmless, and release the Department’s Inspector from suits, claims, actions, damages, and costs involving personal injury and property damage resulting from the Design-Builder’s Work under the Contract during its prosecution and until the Final Acceptance thereof. The Department may retain such monies from the amount due the Design-Builder as may be necessary to satisfy any claim for damages recovered against the Department. any municipality in which the Work is being performed, any public benefit corporation, railroad, or public utility whose property or facilities are affected by the Work, or the Department’s Inspectors. The Design-Builder’s obligation under this paragraph shall not be deemed waived by the failure of the Department to retain the whole or any part of such monies due the Design-Builder, or where such suit, action, damages, and/or costs have not been resolved or determined prior to release of any monies to the Design-Builder under the Contract. Such obligation shall not be deemed limited or discharged by the enumeration or procurement of any insurance for liability for damages imposed by law upon the Design-Builder, Subcontractors, the Department, the State, any municipality in which the Work is being performed, any public benefit corporation, railroad, or public utility whose property or facilities are affected by the Work, or any Department consultants or contractors working relative to the Project. The Design-Builder has the obligation, at its own expense, for the defense of any action or proceeding which may be brought against the parties specified in this Section. This obligation shall include the cost of attorney fees, disbursements, costs, and other expenses incurred in connection with such action or proceeding. The provisions of this section shall survive the expiration or termination of the Contract. Without limiting the generality of the foregoing, Design-Builder’s obligation to indemnify, save harmless and release the Persons identified in this DB §107-27.1 specifically includes any suits, claims, actions,


Kosciuszko Bridge Project – (BIN 1075699) 6 DB § 101 PIN X731.24, Contract D900011 Addendum #5 – November 1, 2013

Basis of Payment – The terms under which the Design-Builder is paid for Work.

Betterment – Any upgrading of a utility facility that is not attributable to the construction of the Project, and is made solely for the benefit of and at the election of the utility owner or other third party; provided, however, that the following are not considered Betterments:

A) Any upgrade necessary for safe and effective construction or other accommodation of the Project;

B) Replacement devices or materials that meet equivalent standards although they are not identical;

C) Replacement of devices or materials no longer regularly manufactured with the next highest grade or size, where replacement devices or materials that meet equivalent standards are not available;

D) Any upgrading specified in the Contract Documents, and any upgrading required by applicable Governmental Rules in effect as of the Proposal Date;

E) Replacement devices or materials which are used for reasons of economy (e.g. non-stocked items may be uneconomical to purchase);

F) Any upgrading required by Utility Standards in effect as of the Proposal Date; and

G) Any discretionary decision by a utility owner contemplated within a particular Utility Standard described in clause (F) above.

If a Department Utility Agreement includes a definition of “betterment” or similar concept, that definition shall control over the foregoing with respect to the utilities subject to such agreement.

Change in Law – The enactment, adoption, modification, repeal, or other change in any Governmental Rule, including any change in the judicial or administrative interpretation of any Governmental Rule, or adoption of any new Governmental Rule, that is materially inconsistent with the Governmental Rules in effect (or deemed in effect) 30 days before the Proposal Date, and which (i) requires a material modification in the Project design or in a Relocation design, (ii) results in imposition of additional mitigation requirements on the Project respecting impacts on Environmental Resources or Cultural Resources, (iii) prevents renewal of any Governmental Approval, (iv) changes the sales and use tax exemption described in DB §102-10, or (v) results in an increase in the Design-Builder’s costs directly attributable to a change in Governmental Rule of at least $5100,000. A Governmental Rule shall be deemed in effect as of 30 days prior to the Proposal Date if it was passed or adopted, even though not yet effective, as of 30 days before the Proposal Date. In addition, the Design-Builder is charged with knowledge of proposed rules and regulations, and modifications thereto, that have been published in draft form by the promulgating authority as of 30 days before the Proposal Date, and no Change in Law shall be deemed to have occurred except to the extent that the rule or regulation as adopted differs materially from the draft rule or regulation and differs materially from Governmental Rules in effect as of 30 days before the Proposal Date.

Chief Engineer – The Chief Engineer of the New York State Department of Transportation.



proposed change to the Work and products to that of a higher quality, the Design-Builder’s Proposal will take precedence for that specific higher quality Work and products, as applicable. Additionally, subject to DB §104-4.6, where the Design-Builder’s Proposal includes an approved Alternative Technical Concept, the Design-Builder’s Proposal (including the approved Alternative Technical Concept) will take precedence for that specific Work that is the subject of the approved Alternative Technical Concept.

Except as otherwise expressly specified, whenever separate publications are referenced in the Contract Documents, it shall mean those, as amended, which are current on the RFP Proposal Due Date.

Dimensions given on the Plans or which can be calculated will govern over scale dimensions.

The fact that the Contract Documents may omit or misdescribe any details of any Work which are necessary to carry out the intent of the Contract Documents, or which are customarily performed, shall not relieve the Design-Builder from performing such omitted Work (no matter how extensive) or misdescribed details of the Work, and they shall be performed as if fully and correctly set forth and described in the Contract Documents, without entitlement to an Order on Contract hereunder except as specifically allowed. The Department’s answers to any questions posed during the procurement process for the Contract shall in no event be deemed part of the Contract Documents and shall not be relevant in interpreting the Contract Documents except as they may clarify provisions otherwise considered ambiguous.

The Design-Builder will be supplied with two conformed sets of the Contract, one set of which the Design-Builder shall keep available on the Work Site at all times. A set will consist of one paper hardcopy and one electronic softcopy on computer-readable media. The Design-Builder may purchase additional sets for the cost of printing, assembling, and mailing the documents.

If the Design-Builder becomes aware of an apparent error, omission or ambiguity in any of the Contract Documents or of an apparent conflict between (i) any of the provisions in the Contract Documents (whether expressly set forth or incorporated by reference), (ii) any of the Contract Documents, or (iii) any of the Contract Documents and the actual Site, the Design-Builder shall notify the Department’s Project Manager in writing of any such error, omission, ambiguity or conflict, within 10 days of becoming aware of the error, omission, ambiguity or conflict, and shall obtain specific instructions in writing from the Department’s Project Manager before proceeding with the Work affected thereby. The Department’s Project Manager shall make a determination regarding such error, omission, ambiguity or conflict, in his/her sole discretion, and the Design-Builder shall promptly comply with such determination without entitlement to any adjustment to the Contract Price or any extension of Contract Time, except to the extent expressly provided in the Contract. The Department’s Project Manager may require the Design-Builder to modify Plans or other documents to correct the error, omission, ambiguity or conflict, as the case may be.

Failure of the Design-Builder to notify the Department’s Project Manager as required herein shall be deemed a waiver of the Design-Builder’s right to claim any adjustment to the Contract Price or any extension of Contract Time for changed or Extra Work, and the Design-Builder shall indemnify the Department for any damages suffered by the Department resulting from any such failure.

Regardless of whether the Design-Builder raises the issue, the Department’s Project Manager shall always have the right to notify the Design-Builder if the Design-Builder is interpreting a



firms is also encouraged, and the Design Builder may be required to provide monthly reporting regarding utilization of all such firms.

The Department has established a contract utilization goal for DBEs as specified in the Agreement. The goal remains in effect throughout the life of the Contract. In executing the Agreement, the Design-Builder declares that it subscribes to the utilization goal and shall meet the goal or demonstrate that it could not meet them despite its good faith efforts. If the Contract is awarded with commitments to DBE firms that are less than the Contract goal, the Design-Builder shall continue good faith efforts to achieve the Contract goal throughout the life of the Contract. The Department will continually monitor efforts by the Design-Builder to provide opportunities for DBE participation, undertake solicitations for DBE participation, document commitments for DBE utilization and verify attainments accomplished by DBE firms. The Department will review the Design-Builder’s documentation of good faith efforts to ensure that maximum opportunities are acted upon towards meeting the DBE goal.

DB 102-8.3 Eligibility

Only those DBE firms that are certified by the New York State Unified Certification Program (NYSUCP) are eligible to be used for goal attainment on this Contract.

DBE certification is not an endorsement of the quality or performance of the business, but simply an acknowledgment of the firm's status as a DBE.

DB 102-8.4 Counting DBE Participation

The value of the Work performed by a DBE, including that of a DBE Design Builder, with its own equipment, with its own forces, and under its own supervision will be counted toward the goal, provided the utilization is a commercially useful function. A DBE Design Builder (or DBE joint venture) shall still provide opportunities for participation by other DBEs. Work performed by DBEs working for the Design-Builder will be counted as set forth below. If the Department determines that some or all of the DBE's work does not constitute a commercially useful function, only the portion of the work considered to be a commercially useful function will be credited toward the goal.

A) Subcontractors. 100% of the value of the Work to be performed by a DBE Subcontractor will be counted toward the DBE goal. The value of such Work includes the cost of materials and supplies purchased by the DBE, except the cost of supplies or equipment leased from the Design Builder or its affiliates will not be counted. Second tier subcontracting will be permitted. In instances where a first tier contractor is not a DBE, but the second tier subcontractor is a DBE, the amount of the second tier contract to the DBE will be counted toward the DBE goal.

B) Manufacturers/Fabricators. 100% of the expenditure to a DBE manufacturer or fabricator will be counted towards the DBE goal. Manufacturers or Fabricators may provide materials to the Design Builder, a Subcontractor, or other firm working on the contract for installation.

C) Material Suppliers. 60% of the expenditure to a DBE material supplier will be counted toward the DBE goal. Packagers, brokers, manufacturer’s representatives, or other persons who arrange or expedite transactions are not material suppliers. Material Suppliers may provide materials to the Design Builder, a Subcontractor, or other firm working on the contract for installation.

D) Brokers/Manufacturer’s Representatives. 100% of fees or commissions charged for assistance in the procurement of the materials and supplies, or fees for transportation


KOSCIUSZKO BRIDGE PROJECT – (BIN 1075699) Part 3 – Project Requirements PIN X731.24, Contract D900011 13 Addendum #5 – November 1, 2013

Construct new bridge drainage sewer - Brooklyn 1% Construct new bridge drainage sewer - Queens 1% Demolition Main Span 2% Demolition Brooklyn Approach 5% Demolition Queens Approach 3% Demolition Brooklyn Connector 3% Demolition Queens Connector 1% Streetscaping improvements - Brooklyn 0.5% Streetscaping improvements - Queens 0.5% Sitework at Laurel Hill Site 1% Environmental (Handling and Disposal of Contaminated/Hazardous Soil and Groundwater and Asbestos Containing Materials)

1%

Electrical/ITS 1% Maintenance and Protection of Traffic 2% Punch list work, Site Cleanup and Restoration, 21% (fixed) 21% (fixed) Final Acceptance (Per DB §109-12.1) 21%(fixed) 21%(fixed) Final Agreement (Per DB §109-12.2) 2%(fixed) 2%(fixed)

Note: (1) See Work Payment Schedule included in ITP, Appendix D.

WORK PAYMENT SCHEDULE (Base Project Plus Option)


PRICE

PERCENT OF LUMP SUM

PRICE(1)















Construct new WB Main Span - Superstructure 8%

Construct new WB Main Span - Substructure 6%















Streetscaping improvements - Queens 0.5%



1%

Electrical/ITS 1%


Punch list work, Final Cleanup (Per DB § 104-12) and Restoration 21% (fixed) 21% (fixed) Final Acceptance (Per DB §109-12.1) 21%(fixed) 21%(fixed) Final Agreement (Per DB §109-12.2) 2%(fixed) 2%(fixed)

Note: (1) See Work Payment Schedule included in ITP, Appendix D.



E) For the Design-Builder-located areas, the Design-Builder shall notify the Department of scheduled meetings with regulatory agencies and provide to the Department copies of any documentation regarding environmental compliance;

F) The Design-Builder shall be solely responsible for compliance with and violations of any Environmental Requirements;

G) The Design-Builder shall indemnify the Department and the State of New York for any fines, violations or damages incurred by reason of failure of the Design-Builder to comply with Environmental Approvals.

H) The Design Builder shall construct a cap including fencing and drainage on a portion of the former Phelps Dodge Refining Site in Queens per the Directive Drawings included in Part 6 – RFP Plans. The cap shall be installed by the Design-Builder before construction on and adjacent to the area to be capped can begin. The construction activities on the cap are subject to the loading restrictions included in the Directive Plans. If the Design-Builder constructs a temporary structure on Parcel 1A or 9A for access to the Creek, pile foundations shall not be used. If a spread footing is utilized it shall not penetrate the ground and loads may not exceed the allowable loads indicated in the capping plans. The Design Builder shall provide a Final Engineering Report (FER) and certification of As-Built plans to assure the caps are built in accordance with the approved plans. The Design-Builder shall relocate the unused stockpiled soil from Parcel 1A to Parcels 2 and 1C as directed by the Phelps Dodge representative. The Design-Builder shall provide a minimum of 10 days notice to Phelps Dodge Refining Corporation (PDRC) before the movement of the stockpiled soil on Parcel 1A to allow for a PDRC representative to be onsite during any such movement.

I) The Design-Builder shall provide access to the PDRC inspector and NYSDEC personnel on Parcels 1A and 2 for monitoring and maintenance of the existing Ground Water Treatment System as required.

J) The Design-Builder shall be responsible for complying with the Monitoring Program on the Laurel Hill Site. See Part 6 – RFP Plans. The Department will install the monitoring program prior to award of the Design-Build Contract. The intent of the program is to monitor soil movements and groundwater movements associated with the sheet pile wall that is intended to prevent movement of groundwater from the site into Newtown Creek. Based on readings taken during the RFP phase, the Department intends to establish allowable tolerances for the monitoring program. A layout of the plan is indicated on the capping plans. Two months after award of the contract the Design-Builder shall take over responsibility for maintaining the monitoring and for continuing the readings until Project Completion. If the readings indicate that due to the Design Builder’s activities, the wall has been compromised and that groundwater from the site is moving through the wall into the creek, it may be necessary to halt construction in the vicinity of the wall and remediate the wall until the work can be restarted at the site. The Design Builder shall be responsible for any such delays if they are attributed to the activities of the Design-Builder. After completion of the Design-Builder’s contract, the Design-Builder is no longer responsible for the monitoring system or for any damages or failure of the monitoring system including the sheet pile cutoff wall.

K) The Design-Builder shall take the appropriate actions to limit the potential for propeller scour in Newtown Creek. Provisions shall include limiting the drafts, horsepower and operating speeds of tugboats in the Creek as required. The requirements for monitoring turbidity are described in 3.2.5N below.



L) The Design-Builder shall coordinate with PDRC on all aspects of the project that will affect the Laurel Hill site, including the following: capping of Parcels 1A, 9A and 2; construction of the temporary platform on the northern side of Newtown Creek; construction of the temporary bridge over the barrier wall installed as part of the groundwater collection and treatment system (“GWTS”); geotechnical borings for and construction of support piers on Parcels 2 and 5; implementation of the monitoring program; and removal of any temporary piers from the construction of the temporary platform and temporary bridge over the barrier wall (collectively, “Laurel Hill Activities”). Coordination with PDRC shall include providing a) a minimum of 5 days notice to PDRC of any Laurel Hill Activities so that such representative may be present to observe any such activities, if deemed necessary by PDRC b) relevant progress reports required by DOT and/or DEC to PDRC at the same time they are submitted to the agencies, c) PDRC or its representative 5 business days to review and comment on any significant design modifications or field decisions related to Laurel Hill Activities; and d) PDRC or its representative an opportunity to take split samples of any sampling conducted in accordance with the required monitoring plan or otherwise.

3.2.2 Construction Noise The Design Builder shall conduct all work to meet the commitments made in the ROD and the requirements of the NYC Noise Code.

3.2.3 Cultural Resources Protection Per the 2008 Memorandum of Agreement between FHWA, the Department and NYSHPO, the Department has prepared a revised Archaeological Area of Potential Effect (APE), Archaeological Work Plan (AWP), Historic American Engineering Record (HAER), and Construction Protection Plan for Old Calvary Cemetery (CPP). The Department has obtained FHWA and NYSHPO approval for the APE, AWP, HAER and CPP. Before the start of construction the Design-Builder shall revise, if required, the approved Archaeological Work Plan and approved Construction Protection Plan provided by the Department and obtain Department, FHWA and NYSHPO approval of the revised Plans. It is noted that the plan identifies possible significant shipwrecks that are in the project area in Newtown Creek. The Design-Builder shall carry out the requirements set forth in the approved plans including requirements for an on-site archaeologist.

The Design-Builder shall assume three Phase II archaeological surveys will be required. Full reports, including the results of any intensive documentary studies, will be required by the review agencies upon completion of the fieldwork. Black and white photographs are not required as part of the archaeological field records.

The Design-Builder shall confirm the location of the underwater resources identified in the AWP at the start of their activities and shall conduct their operations so as to avoid any direct impacts to these resources.

3.2.4 Ecological Management The Design Builder shall be required to comply with all conditions of the permits.

3.2.5 Contaminated Materials Management A) The Design-Builder is advised that previous investigations identified contaminated soil,

groundwater, and soil vapor at the project site. The results of previous investigations conducted by the Department for the project are available in the Contaminated Material Investigation Findings Report, Kosciuszko Bridge Reconstruction Project, Brooklyn and



Right of ownership of all ROW and the improvements made thereon by the Design-Builder shall remain at all times with the Department. The Design-Builder’s right to entry and use of the ROW arises solely from permission granted by the Department under the Contract.

Table 7.3-2 – Occupied Properties within NYSDOT Acquired ROW – Vacancy Pending

Tenant Map and Parcel Numbers Anticipated Vacancy Date

Lanoves, Inc. M28 P46, P47, P48 October 18, 2013

Sunny Lumber Supply NY, Inc. M28 P46, P47, P48 May 15, 2014

Karp Associates, Inc. M31, P54, P55, P56, P57 May 15, 2014 The Design-Builder should proceed under the assumption that Sunny Lumber (Map 28) and Karp Associates (Map 31) will not be vacated until after the Notice to Proceed has been issued. Provisions in the proposal should accommodate and avoid these occupied properties until such time as the Design-Builder receives a Notice of Availability in writing for each individually listed parcel from the Department.

7.3.2 Notification of Property Owners

The Design-Builder shall coordinate with property owners and/or tenants so as to minimize impact on the property owners’ and/or tenants’ operations when performing work in the Permanent and Temporary Easements. The Design-Builder shall inform the property owners and/or tenants 72 hours in advance of occupying any Permanent or Temporary Easement, and shall provide the Department with a two week look ahead schedule of planned operations that may impact or affect property owners or tenants.

7.3.3 Property Interests Identified by the Design-Builder for its Convenience

The Design-Builder shall be responsible for the acquisition and all costs associated therewith for any temporary land or other property required for the Design-Builder’s convenience outside the ROW Limits, such as for staging, lay-down, access, office space, temporary works, or other purposes. The Design-Builder shall assume responsibility for satisfying all Federal and State regulations, identifying, analyzing, and documenting the environmental impacts associated with the additional space and securing all necessary consent, including that of the Department, prior to initiating use of the space, in accordance with DB §107-1.

The Design-Builder shall be aware that the acquisition of temporary land or other property beyond what is shown on the Directive Plans shall require a review in relation to the Uniform Act, FEIS, Reevaluation Statement and other Environmental Approvals and is subject to review by the Department. If it is determined that the proposed acquisitions require a further reevaluation of the FEIS or other Environmental Approvals, the Design-Builder shall revise the plans such that they are in conformance with all existing Environmental Approvals. Such revisions shall be carried out at no additional cost to the Department.



4) Time-related settlement and lateral deformation and determination of the resulting effects on adjacent structures

5) Protection of existing structures and utilities

10.3.10.2 Bridge Foundation Design The Design-Builder shall design and construct permanent foundations based on the requirements of NYSDOT LRFD Bridge Design Specifications, AASHTO LRFD Bridge Design Specifications and AASHTO LRFD Bridge Construction Specifications.

The Design-Builder shall not use auger cast piles, screw piles, timber piles, buoyant foundations or re-use any existing foundations.

In Brooklyn, within the limits of the Meeker Avenue Solvent Plume and the Greenpoint Oil Spill, all piles shall be driven to a depth so that they are a minimum of 10 feet above the Raritan Clay Layer (Silty Clay) to avoid cross contamination below that Clay layer. The use of Drilled shafts socketed into rock are anticipated at the Cable-Stayed tower foundations.

The Design-Builder shall evaluate the effects of ground movement around, or movement of, existing foundations due to proposed structures and consider downdrag loads on deep foundations, where applicable.

Seismic design of foundations shall be in accordance with Section 3.10 of the AASHTO LRFD Specifications, considering the effects of inertial loading from the superstructure and kinematic effects due to loading from the soil (soil-structure interaction).

A) Drilled Shafts. If drilled shafts are designed to be socketed into rock, the rock socket length shall not be less than two times the rock socket diameter.

Subcontractor shall submit documentation before the start of construction that he has successfully completed at least three drilled shafts projects and at least installed 100 drilled shafts within the last three years with drilled shafts diameters and lengths similar to those anticipated for this project. Documentation shall include the general contractor and owner’s name and current contact information with descriptions of each project.

Permanent casings may be considered to contribute to the capacity of the drilled shafts by designing them as composite columns, the casing thickness shall be assumed to be reduced to account for corrosion loss by not less than 1/8 inch. A site is considered highly corrosive, if the following condition exists in the soil and/or water:

Table 10.3-2 – Corrosive Limits

Chlorides Equal to or greater than: 500 ppm

Sulfates Equal to or greater than: 2000 ppm

pH Equal to or less than: 5.5

Resistivity Equal to or less than: 1000 ohm.cm

Additional corrosion protection (beyond the 1/8 inch) shall be provided at foundation locations that exceeds the values in Table 10.3.2. Additional corrosion protection measures may include:



conformance with the requirements of the Eastbound Cable-Stayed Main Span structure and the Directive Plans in Part 6 and the Contract documents.

11.3.1.1 Bridge Structural Type

A single tower Cable-Stayed structure will be required for the new Main Span. The Proposers shall propose structure types for the remaining segments of the Kosciuszko Bridge. These alternatives shall be consistent with the requirements contained elsewhere in the RFP, Final EIS, ROD, Reevaluation Statement and permits, and that they maintain six (6) lanes of traffic on the BQE and current access ramp capacities throughout construction.

The Design Builder shall comply with the requirements of the FAA Determination of No Hazard to Air Navigation, which are included in Part 7 – Engineering Data, including the height of the main span towers. The structure shall be marked and/or lighted in accordance with FAA Advisory circular 70/7460-1 K Change 2, Obstruction Marking and Lighting, red lights - Chapters 4,5(Red),&12. As per the “Determination of No Hazard to Air Navigation” it is required that FAA Form 7460-2, Part 1 be completed and returned within at least 10 days prior to start of construction and Form 7460-2, Part II must be completed and returned to the FAA within 5 days after the construction reaches its greatest height. In addition, the construction is subject to the licensing authority of the Federal Communications Commission (FCC) and an application for a construction permit must be filed.

11.3.1.2 Geometrics

The alignment and profile of the deck shall comply with the Directive Plans, and requirements specified in Project Requirement 24 – Highway Design. No structural member, including potential future loading components, shall penetrate the horizontal and vertical clearance envelopes specified for the navigation channel, roadways and existing railway at any time during the service life of the bridge.

11.3.1.3 Bridge Design Security

The Department will provide has provided the final design criteria for security, and process and procedure for safeguarding secure information.

11.3.1.4 Components

A) Barriers, Railings and Pedestrian Fencing

1) Temporary traffic barriers shall meet the testing requirements of TL 3 and permanent traffic barriers shall meet the testing requirements of TL 5. The development of any new railing and barrier systems must meet the requirements established in the AASHTO Manual for Assessing Safety Hardware (MASH).

2) Railings and fencing shall be designed to meet the project’s Visual Quality goals. Where the bridge crosses over the Long Island Rail Road tracks and New York City streets, fencing shall be provided as required by the Long Island Rail Road and New York City Department of Transportation, respectively. Fencing shall



The Design-Builder shall produce a clear graphical representation of the staging with each stage, with associated traffic clearly delineated, in linear chronological order. Each significant change in traffic patterns shall be presented separately.

The Design-Builder shall be responsible for updating the construction staging plan as necessary throughout the Contract, so that at all times the current version reflects the planned current and future construction staging activities.

The Design-Builder shall provide portable variable message signs for the posting of appropriate warnings and advisories at strategic locations where opportunities are available for directing traffic to alternative routes in response to prevailing circumstances. It is anticipated that portable variable message signs will be required at major highway interchanges, local streets and any detour routes.

The Design-Builder shall be responsible for maintaining access to all businesses, residences, and properties within and abutting the Project, including essential services such as trash pickup and mail delivery. If the Design-Builder’s WZTC plan includes a single lane cattle chute on the mainline BQE, the Design-Builder shall have a heavy duty tow truck on site from 6am to 11 pm each day the cattle chute carries traffic.

NYSDOT’s Construction Quality Assurance Engineer (CQAE) and the Design-Builder shall coordinate with any municipality or agency affected by any detours or road closures that are part of the WZTC. Comments from those municipalities or agencies shall be incorporated by the Design-Builder into the site’s WZTC plan as directed by the CQCE.

NYSDOT’s CQAE shall be contacted by the Design Builder 2 weeks in advance of any proposed closure or staging.

16.3.2 Draft Lane Closure Stipulations

The lane closure stipulations are currently under review by the OCMC. The current Draft stipulations are located on the Project website as well as the draft Detour Plans. Approval is subject to the submittal of permit applications by the Design Builder to the OCMC. The Design-Builder is required to submit WZTC proposals including final detour plans for approval before closures.

The Design-Builder shall assume seven (7) Traffic Enforcement Agents for each ramp closure and four (4) Traffic Enforcement Agents for each local street closure.

Liquidated Damages will be assessed for lane closures that extend beyond the hours permitted by OCMC per the Part 5 Special Provisions – Liquidated Damages.

16.3.3 Opening of New Lanes or Shared Use Path

Any new travel lanes, turn lanes, shared use path or other feature shall not be open to traffic prior to complete installation of all associated overhead and ground mounted permanent signs and striping.

16.4 DELIVERABLES

At a minimum, the deliverables shall include the items listed in Table 16.4-1 for the Department’s consultation and written comment.



SECTION 17 SECURITY

17.1 SCOPE

The Design-Builder shall be responsible for securing non-public spaces of the new bridge and providing fire fighting standpipes and access features as detailed in this specification.

The Design-Builder shall design the bridge structures and components to withstand a fire and to withstand various types of explosions. The specific fire and blast loads to be designed for are confidential, and will behave been made available to the shortlisted firms authorized representative.

17.2 STANDARDS

The Design-Builder shall perform the security design in accordance with the Contract Requirements and the applicable Standards, Codes and Manuals listed in Section 1.5. Requirements

17.3 GENERAL

The Design-Builder shall be responsible for providing, designing and installing secure doorways, gates and hatches at the entrance to all non-public spaces. In locations where a potential intruder may not be clearly visible to the general public and may be able to escape detection, secure doorways, gates and hatches shall be especially robust.

The Design-Builder shall be responsible for designing, providing and installing dry standpipes on both the Eastbound (EB) and Westbound (WB) bridges, along with a temporary standpipe on the Queens temporary bridge.

17.4 FIRE STANDPIPES

17.4.1 Fire Suppression Considerations/Requirements

A standpipe system shall be provided on the Eastbound (EB) and Westbound (WB) Main Spans, Brooklyn Approach and Queens Approach. The EB and WB bridge systems shall be independent but shall have valve controlled cross connections. Each system shall provide 3000 gallon/minute (GPM) with 1500 gpm from Brooklyn and 1500 gpm from Queens.

Crosswalks at the BQE roadway level shall be provided between the EB and WB structures, as per Project Requirement 11 – Structures.

Standpipe hydrants shall be spaced at 150 feet maximum on centers, with an outlet at each crosswalk.

The EB and WB standpipe systems shall have connections at ground level in both Brooklyn and Queens. The ground level connections shall be provided at locations that provide good access



SECTION 23 DEMOLITION OF BUILDINGS

23.1 SCOPE

The Design-Builder shall demolish and remove the existing buildings, ancillary structures, billboards and temporary structures and facilities within the Project Limits and established ROW as indicated on the Directive Plans in Part 6 – RFP Plans, in a safe and environmentally acceptable manner. Where partial removal of a building is indicated, the portion of the existing building within the FEE limits shall be demolished and a new building fascia wall shall be constructed along the FEE line to enclose the remaining building space. See the Acquisition Maps 42 and 72 in Part 7 – Engineering Data for location of FEE lines. Below grade areas that are not filled with new bridge foundations shall be backfilled with suitable material. Construction, demolition and/or asbestos abatement operations shall comply with all of the applicable codes, rules and regulations governing those activities in New York City, including, but not limited to, all relevant provisions of the New York City Fire Code and FDNY Rules; the New York City Construction Codes and DOB rules; and the New York City Air Code and the DEP Asbestos Rules and Regulations/Asbestos Control Program.

23.1.1 Standards

The Design-Builder shall perform the demolition activities in accordance with the Contract Requirements and the applicable Standards, Codes and Manuals listed in Section 1.5 unless otherwise stipulated in this Project Requirement.

23.2 DEMOLITION REQUIREMENTS

All requirements specified under this section and Project Requirement – General Project Scope of Work, shall apply to all necessary demolition, removal, and reconstruction required for the Project including elements not explicitly cited. The Design-Builder shall obtain the appropriate demolition permit and consent in advance of all demolition Work.

23.2.2 Extent of Demolition

Buildings shall be demolished to 2 feet below final grade and all slabs including basement slabs that are below 2 feet shall be broken. Additional demolition shall be required for construction of new substructure at the location of an existing building. The Design-Builder shall remove an existing abandoned cesspool that is located underground within the area acquired by NYSDOT on Block 2814 Lot 18 (Map 74).

23.2.3 Hazardous Materials

The Design-Builder shall test for the presence of Hazardous Materials in all structures to be removed to ensure the removal and disposal is done in accordance with all applicable laws and standards. See the Kosciusko Bridge Contaminated Material Investigation Findings Report, the Building Asbestos Assessment and Design Report and the Contaminant Management Plan for information on the hazardous materials that have been documented previously for this project.



All existing ramp connections to the mainline and local streets shall be maintained until the new connecting ramp is opened to traffic.

The Design-Builder shall resurface and reconstruct as required all local streets within the Project Limits. The Design-Builder shall re-open and reconstruct Stewart Avenue between Thomas Street and Anthony Street and shall realign and reconstruct Cherry Street between Vandervoort Avenue and Stewart Avenue. A 20’ wide emergency access route shall be provided on Cherry Street between Stewart Avenue and Scott Avenue and on Scott Avenue from Cherry Street to Thomas Avenue.

The crossovers to transfer Westbound traffic onto the new Eastbound structure to allow for maintenance of traffic until the future Phase 2 Contract is completed shall be designed for the following design speeds as a minimum:

• 30 mph for all ramp traffic

• 40 mph for all BQE mainline traffic

The design shall allow for the Design Requirements in Tables 24.3-1 and 24.3-2 to be met once the crossovers are eliminated with the completion of the Phase 2 Contract.


Kosciuszko Bridge Project-phase 1 (BIN 1075699) 2 Part 8 - Special Specifications PIN X731.24, Contract D900011 Addendum 5 - November 1, 2013

The following Special Specifications are attached herein: ITEM 800.01000015: DESIGN BUILD – DESIGN SERVICES ITEM 800.02000015: DESIGN BUILD – CONSTRUCTION INSPECTION SERVICES ITEM 800.03000015: DESIGN BUILD – QUALITY CONTROL SERVICES ITEM 800.04000015: DESIGN BUILD – FORCE ACCOUNT WORK ITEM 800.05000015: DESIGN BUILD – SITE MOBILIZATION ITEM 800.0600NN15: DESIGN BUILD – CONSTRUCTION WORK ITEM 800.09000015: DESIGN BUILD – PARTNERING WORKSHOP

ITEM 800.09000015 - DESIGN BUILD – PARTNERING WORKSHOP

Page 1 of 1 Oct. 2013

All the provisions of item 637.35 – Partnering Workshop shall apply except: The Contractor and Project Manager will jointly select a facilitator and a location for the workshop. For long duration, multiyear projects, a subsequent follow‐up workshop may be convened, with the agreement of the Contractor and the Project Manager, at an appropriate point during the progression of the work.