NYWorks Project Manual

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Department of Environmental Conservation

Division of Environmental Remediation

Remedial Construction Project

Former Hettling Farm Site, Site Number E411015

Location: Town of Clermont, Columbia County, New York

Former Scolite, Site Number E442037Location: Troy, Rensselaer County, New York

Proposed Schuyler Heights Fire District Station House Site,

Site Number E401050

Location: Town of Colonie, Albany County, New York

Contract Number D007618

Contract Documents

ARCADIS CE, Inc.

OCTOBER 2015

New York State Department of Environmental Conservation ANDREW M. CUOMO, Governor MARC GERSTMAN , Acting Commissioner


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00266425.0001, 00266425.0002, & 00266425.0003

NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION

DIVISION OF ENVIRONMENTAL REMEDIATION

________________________

REMEDIAL CONSTRUCTION PROJECT

FORMER HETTLING FARM SITE (NYSDEC SITE NUMBER E411015)

TOWN OF CLERMONT, COLUMBIA COUNTY, NEW YORK

FORMER SCOLITE (NYSDEC SITE NUMBER E442037)

TROY, RENSSELAER COUNTY, NEW YORK

PROPOSED SCHUYLER HEIGHTS FIRE DISTRICT STATION HOUSE SITE

(NYSDEC SITE NUMBER E401050)

TOWN OF COLONIE, ALBANY COUNTY, NEW YORK

CONTRACT NUMBER D007618

________________________

PROJECT MANUAL

VOLUME 1 of 1 ______________________________

October 2015

______________________________

Daniel J. Loewenstein, P.E.

New York #066594

ARCADIS CE, Inc.

855 Route 146, Suite 210

Clifton Park, NY 12065


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TABLE OF CONTENTS

VOLUME 1 OF 1

Documentor Section Initial

Number Name or Description Page

DIVISION 00 – BIDDING AND CONTRACTING REQUIREMENTS

INTRODUCTORY INFORMATION

00 01 01 Project Title Page .................................................................................... 00 01 00-1

00 01 07 Seals and Certifications Page .................................................................. 00 01 07-1

00 01 10 Table of Contents .................................................................................... 00 01 10-1

BIDDING REQUIREMENTS

00 11 13 Request for Proposal ............................................................................... 00 11 13-1

00 21 13 Instructions to Bidders ............................................................................. 00 21 13-1

00 41 13 Bid Form .................................................................................................. 00 41 13-1

CONTRACTING REQUIREMENTS

00 52 53 Agreement ............................................................................................... 00 52 53-1

00 61 13.13 Performance Bond Form ..................................................................... 00 61 13.13-100 61 13.16 Payment Bond Form ........................................................................... 00 61 13.16-1

SPECIFICATIONS

DIVISION 01 – GENERAL REQUIREMENTS

01 11 13 Summary of Work ................................................................................... 01 11 13-101 14 33 Work in Highway Rights-of-way ............................................................ 01 14 33-1

01 22 13 Measurement and Payment ..................................................................... 01 22 13-1

01 26 00 Contract Modification Procedures ........................................................... 01 22 13-101 29 73 Schedule of Values ................................................................................. 01 29 73-1

01 29 76 Progress Payment Procedures ................................................................. 01 29 76-1

01 31 13 Project Coordination ................................................................................ 01 31 13-101 31 19.13 Pre-Construction Conference .............................................................. 01 31 19.13-1

01 31 19.23 Progress Meetings ............................................................................... 01 31 19.23-1

01 32 16.00 Progress Schedule ......................................................................... 01 32 16.00.10-1

01 33 00 Submittal Procedures .............................................................................. 01 33 00-101 35 29 Subontractor’s Health and Safety Plan ................................................... 01 35 29-1

01 35 43.13 Environmental Procedures for Hazardous Materials ......................... 01 35 43.13-1


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01 35 44 Spill Prevention Control and Countermeasures Plan .............................. 01 35 44-1

01 41 26 Stormwater Pollution Prevention Plan and Permit .................................. 01 41 26-101 41 27 Earthmoving Permit and Dust Control ................................................... 01 41 27-1

01 42 00 References ................................................................................................ 01 42 00-1

01 45 29.13 Testing Laboratory Services Furnished by Subcontractor ................. 01 45 29.13-1

01 45 29.23 Testing Laboratory Services Furnished by Department ..................... 01 45 29.23-101 51 05 Temporary Utilities .................................................................................. 01 51 05-1

01 52 13 Subcontractor’s Field Office and Sheds .................................................. 01 52 13-1

01 52 16 First Aid Facilities ................................................................................... 01 52 16-101 52 19 Sanitary Facilities ..................................................................................... 01 52 19-1

01 55 13 Access Roads and Parking Areas ............................................................. 01 55 13-1

01 55 26 Maintenance and Protection of Traffic .................................................... 01 55 26-101 57 05 Temporary Controls ................................................................................. 01 57 05-1

01 57 33 Security ................................................................................................... 01 57 33-1

01 58 00 Project Identification and Signs .............................................................. 01 58 00-1

01 65 00 Product Delivery Requirements ............................................................... 01 65 00-1

01 66 00 Product Storage and Handling Requirements .......................................... 01 66 00-101 71 23 Field Engineering ..................................................................................... 01 71 23-1

01 71 33 Protection of the Work and Property ....................................................... 01 71 33-101 73 24 Connections to Existing Facilities ........................................................... 01 73 24-1

01 73 29 Cutting and Patching ............................................................................... 01 73 29-1

01 77 19 Closeout Requirements ........................................................................... 01 77 19-101 78 39 Project Record Documents ...................................................................... 01 78 39-1

DIVISION 02 – EXISTING CONDITIONS

02 41 00 Demolition ............................................................................................... 02 41 00-102 51 41 Off-Site Transportation and Disposal ...................................................... 02 51 41-1

DIVISION 03 – CONCRETE – NOT USED

DIVISION 04 – MASONRY – NOT USED

DIVISION 05 – METALS – NOT USED

DIVISION 06 – WOOD, PLASTICS AND COMPOSITES – NOT USED

DIVISION 07 – THERMAL AND MOISTURE PROTECTION – NOT USED

DIVISION 08 – OPENINGS – NOT USED

DIVISION 09 – FINISHES – NOT USED

DIVISION 10 – SPECIALTIES – NOT USED

DIVISION 11 – EQUIPMENT – NOT USED


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DIVISION 12 – FURNISHINGS – NOT USED

DIVISION 13 – SPECIAL CONSTRUCTION – NOT USED

DIVISION 14 – CONVEYING EQUIPMENT – NOT USED

DIVISION 21 – FIRE SUPPRESSION – NOT USED

DIVISION 22 – PLUMBING – NOT USED

DIVISION 23 – HEATING, VENTILATING AND AIR CONDITIONING – NOTUSED

DIVISION 25 – INTEGRATED AUTOMATION - NOT USED

DIVISION 26 – ELECTRICAL – NOT USED

DIVISION 27 – COMMUNICATIONS – NOT USED

DIVISION 28 – ELECTRONIC SAFETY AND SECURITY – NOT USED

DIVISION 31 – EARTHWORKS

31 05 19 Geosynthetics for Earthwork ................................................................... 31 05 19-131 11 00 Clearing and Grubbing ............................................................................. 31 11 00-1

31 23 05 Excavation and Fill .................................................................................. 31 23 05-131 23 07 Site Restoration ........................................................................................ 31 23 07-1

DIVISION 32 – EXTERIOR IMPROVEMENTS – NOT USED

32 12 00 Flexible Pavement .................................................................................... 31 05 19-1

DIVISION 33 – UTILITIES – NOT USED

DIVISION 34 – TRANSPORTATION – NOT USED

DIVISION 35 – WATERWAY AND MARINE - NOT USED

DIVISION 40 – PROCESS INTEGRATION – NOT USED

DIVISION 41 – MATERIAL PROCESSING AND HANDLING EQUIPMENT – NOT

USED

DIVISION 42 – PROCESS HEATING, COOLING, AND DRYING EQUIPMENT -

NOT USED


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DIVISION 43 – PROCESS GAS AND LIQUID HANDLING, PURIFICATION, ANDSTORAGE EQUIPMENT – NOT USED

DIVISION 44 – POLLUTION CONTROL EQUIPMENT – NOT USED

DIVISION 45 – INDUSTRY-SPECIFIC MANUFACTURING EQUIPMENT - NOT

USED

DIVISION 46 – WATER AND WASTEWATER EQUIPMENT – NOT USED

DIVISION 48 – ELECTRICAL POWER GENERATION (NOT USED)

+ + END OF TABLE OF CONTENTS + +


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REQUEST FOR PROPOSAL

Proposals for the construction of the Remedial Construction Project will be received, from invited

bidders only, by the ARCADIS, electronically or at the office of ARCADIS CE, Inc. (ARCADIS),

until 5:00 PM local time on November 18, 2015, at which time the Proposals received will be privately opened and read. The Project consists of the construction of a series of engineered cover

systems.

ARCADIS will serve as the Design-Builder (also referred to as Consultant) for the Project. The

Project Owner is the New York State Department of Environmental Conservation, Division of

Environmental Remediation (OWNER or DEPARTMENT).

Documents may be examined at the office of ARCADIS, 855 Route 146, Suite 210, Clifton Park,

NY 12065. Partial sets of Documents will not be available. Neither the DEPARTMENT nor

ARCADIS will be responsible for full or partial sets of Documents, including Addenda if any,

obtained from other sources.

Bid security shall be furnished in accordance with Article 10 of the Instructions to Proposers.

Bidders shall furnish proof of qualifications to perform the Work as described in Article 5 of the

Instructions to Proposers.

Bidders shall comply with all statutory requirements in accordance with the Agreement.

Time of commencement of the Work and Contract Times for completion shall be in accordance with

the Agreement.

ARCADIS CE, Inc.

By: David Hiss

Title: Senior Project Engineer

(518) 250-7300

Date: ______

+ + END OF ADVERTISEMENT FOR BIDS + +


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Department of Environmental Conservation

Division of Environmental Remediation

Remedial Construction Project

INSTRUCTIONS TO BIDDERS

.

TABLE OF ARTICLES

1. Defined Terms

2. Bids Received

3. Location and Description of Project

4. Copies of Bidding Documents

5. Qualifications of Bidders

6. Examination of Bidding Documents, Other Related Data and Site

7. Pre-Bid Conference8. Site and Other Areas

9. Interpretations and Addenda

10. Bid Security

11. Contract Times

12. Liquidated and Special Damages

13. Substitute and "Or Equal" Items

14. SubSubcontractors, Suppliers and Others

15. Preparation of Bid

16. Basis of Bids; Comparison of Bids

17. Submittal of Bid

18. Modification or Withdrawal of Bid19. Opening of Bids

20. Disqualification of Bidders

21. Bids to Remain Subject to Acceptance

22. Evaluation of Bids and Award of Contract

23. Contract Securities

24. Subcontractor's Insurance

25. Signing of Agreement

26. Notice to Proceed

27. Partnering

28. Sales and Use Taxes

29. Additional Requirements

ARTICLE 1 – DEFINED TERMS

1.01 Terms used in these Instructions to Bidders have the meanings indicated in the

General Conditions and Supplementary Conditions. Additional terms used in these


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Instructions to Bidders have the meanings indicated below which are applicable to

both the singular and plural thereof.

A. Issuing Office: The office from which the Bidding Documents are to be issued and

where the bidding procedures are to be administered.

B.

Not Used.

ARTICLE 2 – BIDS RECEIVED

2.01 Refer to the Advertisement for Bids for information on receipt of Bids.

ARTICLE 3 – LOCATION AND DESCRIPTION OF PROJECT

3.01 Refer to Section 01 11 13, Summary of Work, in the General Requirements for the

location and description of the Project.

ARTICLE 4 – COPIES OF BIDDING DOCUMENTS

4.01 Refer to the Advertisement for Bids for information on location where Bidders may

examine and obtain the Bidding Documents.

4.02 The Issuing Office is the Arcadis CE, Inc., Attn: David Hiss, P.E., BCEE, 855

Route 146, Suite 210, New York 12065.

4.03 Complete sets of Bidding Documents shall be used in preparing Bids; neither Owner

nor Arcadis assumes any responsibility for errors or misinterpretations resulting

from the use of incomplete sets of Bidding Documents.

4.04 Owner and Arcadis, in making copies of Bidding Documents available on the above

terms, do so only for the purpose of obtaining Bids for the Work and do not grant

permission for any other use.

ARTICLE 5 – QUALIFICATIONS OF BIDDERS

5.01 Bidders shall be experienced in the kind of Work to be performed, shall have the

necessary equipment therefor, and shall possess sufficient capital to properly

execute the Work within the time allowed. Bids received from Bidders who have

previously failed to complete work within the time required, or who have previously

performed similar work in an unsatisfactory manner, may be rejected. A Bid may be rejected if Bidder cannot show that Bidder has the necessary ability, plant, and

equipment to commence the Work at the time prescribed and thereafter to prosecute

and complete the Work at the rate or within the times specified. A Bid may be

rejected if Bidder is already obligated for the performance of other work which

would delay the commencement, prosecution or completion of the Work.


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5.02 To demonstrate qualifications to perform the Work, Bidder shall complete and

submit with its Bid the Bidder Qualifications Statement which is bound in the

Project Manual. Bidders may be asked to and shall furnish additional data to

demonstrate Bidder's qualifications.

5.03 Bidders shall be qualified to do business in the state where the Project is located orcovenant to obtain such qualification prior to signing the Agreement.

ARTICLE 6 – EXAMINATION OF BIDDING DOCUMENTS, OTHER RELATED

DATA, AND SITE

6.01 Subsurface and Physical Conditions

A. The Supplementary Conditions identify:

1. Those reports of explorations and tests of subsurface conditions at or

contiguous to the Site that have been utilized by Arcadis in preparation of theBidding Documents.

2. Those drawings of physical conditions relating to existing surface or

subsurface structures (except Underground Facilities) which are at or

contiguous to the Site, that have been utilized by Arcadis in preparation of

the Bidding Documents.

B. Copies of the reports and drawings referenced in Paragraph 6.01.A above will be

made available by Owner to any Bidder on request. Those reports and drawings are

not part of the Contract Documents, but the "technical data" contained therein upon

which Bidder is entitled to rely. Bidder is responsible for any interpretation orconclusion drawn from any "technical data" or any other data, interpretations,

opinions, or information contained in such reports or shown or indicated in such

drawings.

6.02 Underground Facilities - Physical Conditions

A. Information and data shown or indicated in the Bidding Documents with respect to

existing Underground Facilities at or contiguous to the Site is based upon

information and data furnished to Owner and Arcadis by owners of such

Underground Facilities, including Owner, or others.

6.03 Hazardous Environmental Condition

A. Reports and drawings known to Owner relating to Hazardous Environmental

Conditions identified at the Site, that Arcadis has used in preparing the Bidding

Documents are provided as “technical data.”


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B. Copies of reports and drawings referenced in this Paragraph 6.03 will be made

available by Owner to any Bidder on request. Those reports and drawings are not

part of the Contract Documents, but the “technical data” contained therein upon

which Bidder is entitled to rely. Bidder is responsible for any interpretation or

conclusion Bidder draws from any “technical data” or any other data,

interpretations, opinions or information contained in such reports or shown orindicated in such drawings.

6.04 Provisions concerning responsibilities for the adequacy of data, furnished to

prospective Bidders with respect to subsurface conditions, other physical conditions,

and Underground Facilities and possible changes in the Bidding Documents due to

differing or unforeseen subsurface or physical conditions appear in the Subcontract

Agreement. Provisions concerning responsibilities for the adequacy of data

furnished to prospective Bidders with respect to a Hazardous Environmental

Condition at the Site and possible changes in the Contract Documents due to any

Hazardous Environmental Condition uncovered or revealed at the Site which was

not shown or indicated in the Drawings or Specifications or identified in theContract Documents to be within the scope of the Work appear in the Subcontract

Agreement.

6.05 Other Related Data

A. Refer to the “technical data” for data regarding the contaminant concentrations

found in soil samples collected in the area of the Work.

B. These data are not part of the Contract Documents.

6.06 On request, Owner will provide Bidder access to the Site to conduct suchexaminations, investigations, explorations, tests, and studies as Bidder deems

necessary for preparing and submitting a Bid. Bidder shall fill all holes and clean

up and restore the Site to its original conditions upon completion of such

explorations, investigations, tests, and studies. Bidder shall comply with all Laws

and Regulations relative to such explorations, investigations, tests, and studies.

6.07 A single pre-Bid Site visit will be scheduled with the Bidders for ten days after the

Project Manual has been provided to Bidders. Participants will meet at the Site. No

other Site visits will be allowed.

6.08 Reference is made to Section 01 11 13 Summary of Work for identification of thegeneral nature of other work to be performed at the Site by Owner or others that

relates to the Work for which a Bid is to be submitted. On request, Owner will

provide to Bidder, for examination, access to or copies of the contract documents

for such other work.

6.09 Not Used.


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6.10 It is the responsibility of Bidder, before submitting a Bid to:

A. examine and carefully study the Bidding Documents, the other related data

identified in the Bidding Documents and Addenda (if any);

B. visit the Site and become familiar with and satisfy Bidder as to the general, local,and Site conditions that may affect cost, progress, and performance of the Work;

C. become familiar with and satisfy Bidder as to the Laws and Regulations that may

affect cost, progress and performance of the Work;

D. carefully study all:

1. Not Used, and

2. reports and drawings of Hazardous Environmental Condition identified at the

Site that have been identified in the “technical data”;

E. consider the information known to Bidder; information commonly known to

Subcontractors doing business in the locality of the Site; information and

observations obtained from visits to the Site; the Bidding Documents; and the Site-

related reports and drawings identified in Bidding Documents with respect to the

effect of such information, observation, and documents on

1. the cost, progress and performance of the Work;

2. the means, methods, techniques, sequences and procedures of construction to

be employed by Bidder, including applying any specific means, methods,techniques, sequences and procedures of construction expressly required by the

Bidding Documents; and

3. Bidder’s safety precautions and programs;

F. agree at the time of submitting its Bid that no further examinations, investigations,

explorations, tests, studies, or data are necessary for the determination of its Bid for

the performance of the Work at the price(s) bid and within the times required and in

accordance with the other terms and conditions of the Bidding Documents;

G. become aware of the general nature of work (if any) to be performed by Owner andothers at the Site that relates to the Work as indicated in the Bidding Documents;

H. promptly give Arcadis written notice of all conflicts, errors, ambiguities, and

discrepancies that Bidder discovers in the Bidding Documents and confirm that the

written resolution thereof by Arcadis is acceptable to Bidder; and


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I. determine that the Bidding Documents are generally sufficient to indicate and

convey understanding of all terms and conditions for the performance of the Work.

6.11 The submission of a Bid will constitute an incontrovertible representation by Bidder

that Bidder has complied with every requirement of this Article 6, that without

exception the Bid is premised upon performing the Work required by the BiddingDocuments and applying any specific means, methods, techniques, sequences, or

procedures of construction that may be shown or indicated or expressly required by

the Bidding Documents, that Bidder has given Arcadis written notice of all

conflicts, errors, ambiguities, and discrepancies that Bidder has discovered in the

Bidding Documents and the written resolutions thereof by Arcadis are acceptable to

Bidder, and that the Bidding Documents are generally sufficient to indicate and

convey understanding of all terms and conditions for performing the Work.

ARTICLE 7 – PRE-BID CONFERENCE

7.01 A single pre-bid site visit will be scheduled for with the Bidders for ten days afterthe Project Manual has been provided to Bidders. Representatives of the Owner and

Arcadis will be present to describe the Project and accept questions regarding the

Project. Bidders are required to attend and participate at the conference. Arcadis

will transmit to all prospective Bidders of record such Addenda as Arcadis

considers necessary in response to questions raised at the pre-Bid conference. Oral

statements may not be relied upon and will not be binding or legally effective.

ARTICLE 8 – SITE AND OTHER AREAS

8.01 The Site is identified in the Bidding Documents. Easements for permanent

structures or permanent changes in existing facilities are to be obtained and paid for by Owner unless otherwise provided in the Bidding Documents. All additional

lands and access thereto required for temporary construction facilities, construction

equipment, or storage of materials and equipment, to be incorporated into the Work

are to be obtained and paid for by Subcontractor.

ARTICLE 9 – INTERPRETATIONS AND ADDENDA

9.01 All questions about the meaning or intent of the Bidding Documents shall be

submitted to Arcadis in writing. To receive consideration, questions must be

received by Arcadis at least five days prior to the date for the opening of Bids.

Interpretations or clarifications considered necessary by Arcadis in response to suchquestions will be issued by Addenda mailed or delivered to all parties recorded by

Arcadis as having received the Bidding Documents for receipt not later than two

days prior to the date for the opening of Bids. Only questions answered by Addenda

will be binding. Oral and other interpretations or clarifications will be without legal

effect.


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9.02 Addenda may also be issued to clarify, correct or change the Bidding Documents as

deemed advisable by Owner or Arcadis. Such Addenda, if any, will be issued in the

manner and within the time period stated in Paragraph 9.01 of these Instructions to

Bidders.

ARTICLE 10 – BID SECURITY

10.01 A Bid shall be accompanied by Bid security made payable to Arcadis in the amount

of 100 percent of Bidder's maximum Bid price and in the form of certified or bank

check or Bid bond.

10.02 Bid bond shall be on the form bound in the Project Manual. Bid bond shall be

issued by a surety complying with the requirements of the Subcontract Agreement.

10.03 The Bid security of the Successful Bidder will be retained until such Bidder has

executed the Contract Documents, furnished the required contract security, and

complied with the other conditions of the Notice of Award, whereupon the Bidsecurity will be returned. If the Successful Bidder fails to sign and deliver the

Contract Documents and furnish the required contract security within 15 days after

the Notice of Award, Arcadis may annul the Notice of Award and may retain from

the Bid security an amount equal to the damages which Arcadis may suffer by

reason of such failure. Said damages shall be the difference between that Bidder’s

Bid and the Bid of the next lowest, responsible and responsive Bidder, but such

amount shall not exceed the Bid security amount, and, if there is no such next

lowest, responsible and responsive Bidder, then the Bid security amount of that

Bidder will be forfeited to the Arcadis as liquidated damages for such failure. Such

forfeiture shall be Arcadis’ sole and exclusive remedy.

10.04 The Bid security may be retained by Arcadis until the earlier of the seventh day

after the Effective Date of the Agreement or the sixty-first day after the Bid opening

whereupon the Bid security furnished by such Bidders will be returned. The Bid

security of Bidders whom Arcadis believes do not have a reasonable chance of

receiving an award will be returned within seven days of the Bid opening.

ARTICLE 11 – CONTRACT TIMES

11.01 The date at which the Work is to be Substantially Completed and also completed

and ready for final payment (the Contract Times) are set forth in the Agreement.

ARTICLE 12 – LIQUIDATED AND SPECIAL DAMAGES

12.01 Provisions for liquidated and special damages, if any, are set forth in the

Agreement.

ARTICLE 13 – SUBSTITUTE AND “OR EQUAL” ITEMS


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13.01 The Contract, if awarded, will be on the basis of materials and equipment specified

or described in the Bidding Documents without consideration of possible substitute

or “or-equal” items. Whenever it is specified or described in the Bidding

Documents that a substitute or “or-equal” item of material or equipment may be

furnished or used by Subcontractor if accepted by Arcadis, application for such

acceptance will not be considered by Arcadis until after the Effective Date of theAgreement. The procedure for submittal of any such application by Subcontractor

and consideration by Arcadis is set forth in the Subcontract Agreement.

13.02 Refer to the General Requirements for the period of time after the Effective Date of

the Agreement during which the Arcadis will accept applications for substitute

items of material or equipment.

ARTICLE 14 – SUBSUBCONTRACTORS, SUPPLIERS, AND OTHERS

14.01 If the Subcontract Agreement require the identity of certain Subcontractors,

Suppliers, individuals, or entities to be submitted to Arcadis in advance of aspecified date prior to the Effective Date of the Agreement, the apparent Successful

Bidder, and any other Bidder so requested, shall within seven days after Bid

opening submit to Arcadis a list of all such Subcontractors, Suppliers, other

individuals, and entities proposed for those portions of the Work for which such

identification is required. Such list shall be accompanied by an experience

statement with pertinent information regarding similar projects and other evidence

of qualifications for each such Subcontractor, Supplier, individual, and entity if

requested by Arcadis. If Owner or Arcadis, after due investigation, has reasonable

objection to any proposed Subcontractor, Supplier, individual, or entity, Arcadis

may, before the Notice of Award is given, request the apparent Successful Bidder to

submit an acceptable substitute without an increase in the Bid price.

14.02 If apparent Successful Bidder declines to make any such substitution, Arcadis may

award the Contract to the next lowest Bidder that proposes to use acceptable

Subcontractors, Suppliers and other individuals or entities. Declining to make

requested substitutions will not constitute grounds for forfeiture of the Bid security

of any Bidder. Any Subcontractor, Supplier, individual, or entity so listed and

against which Arcadis makes no written objection prior to the giving of the Notice

of Award will be deemed acceptable to Arcadis subject to revocation of such

acceptance after the Effective Date of the Agreement as provided in the Subcontract

Agreement.

14.03 Not Used.

14.04 Subcontractor shall not be required to employ any Subcontractor, Supplier,

individual, or entity against whom Subcontractor has reasonable objection.

ARTICLE 15 – PREPARATION OF BID


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15.01 A Bid shall be made on the Bid Form bound in the Project Manual. The Bid Form

shall not be separated from the Project Manual nor shall the Bid Form be altered in

any way.

15.02 All blanks in the Bid Form shall be completed in ink and the Bid Form signed in

ink. Erasures or alterations shall be initialed in ink by the person signing the BidForm. A Bid price shall be indicated in both words and numerals for each Bid item

listed therein. In the case of optional alternatives the words “No Bid”, “No

Change”, or “Not Applicable” may be entered. Ditto marks shall not be used.

15.03 A Bid shall be executed as stated below.

A. A Bid by an individual shall indicate the Bidder’s name and official address.

B. A Bid by a partnership shall be executed in the partnership name and signed by a

partner (whose title shall appear under the signature), accompanied by evidence of

authority to sign. The official address of the partnership shall be indicated.

C. A Bid by a joint venture shall be executed by each joint venturer in the manner

indicated on the Bid Form. The official address of the joint venture shall be

indicated.

D. A Bid by a corporation shall be executed in the corporate name by an officer of the

corporation and shall be accompanied by a certified copy of a resolution of the

board of directors authorizing the person signing the Bid to do so on behalf of the

corporation. The corporate seal shall be affixed and attested by the secretary or an

assistant secretary of the corporation. The state of incorporation and the official

corporate address shall be indicated.

E. A Bid by a limited liability company shall be executed in the name of the firm by a

member and accompanied by evidence of authority to sign. The state of formation

of the firm and the official address of the firm shall be indicated below the

signature.

F. All names shall be printed in ink below the signature.

G. If applicable, the Bid shall contain evidence of Bidder’s authority and qualification

to do business in the state where the Project is located.

H. Not Used.

15.04 The Bid shall contain an acknowledgment of the receipt of all Addenda, the

numbers of which shall be filled in at the space provided on the Bid Form.

15.05 Postal and e-mail addresses and telephone number for communications regarding

the Bid shall be indicated.


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15.06 In addition to the Bid Form, the following listed documents, which are bound in the

Project Manual, shall be submitted with the Bid. Each document shall be executed

in the manner described in Paragraph 15.03 unless another manner is indicated.

A. Bid Security Form.

B. Bidder Qualifications Statement.

C. Non-collusive Bidding Certification (if required by statute).

ARTICLE 16 – BASIS OF BIDS; COMPARISON OF BIDS

16.01 Combination of Lump Sum and Unit Prices

A. Bidder shall submit its Bid on the basis of the lump sum and unit prices as set forth

in the Bid Form. For each lump sum item on the Bid Form, Bidder shall enter thelump sum Bid for that item. For each unit price item on the Bid Form, Bidder shall

enter the unit price Bid, and shall enter the computation of the respective quantity

times the Bidder's unit price for that item. Bidder shall compute and enter in the

space provided on the Bid form, the total of the individual lump sum and unit price

items.

B. For determination of the apparent low Bidder, Bids will be compared on the basis of

the total of the lump sum and unit price items.

16.02 Not Used.

16.03 Discrepancies between words and numerals will be resolved in favor of words.

Discrepancies between the multiplication of units of Work and unit prices will be

resolved in favor of the unit prices. Discrepancies between the indicated sum of any

column of figures and the correct sum thereof will be resolved in favor of the

correct sum.

16.04 Not Used.

ARTICLE 17 – SUBMITTAL OF BID

17.01 A Bid shall be received no later than the date and time prescribed and at the placeindicated in the Advertisement for Bids.

17.02 Bid shall be enclosed in an opaque sealed envelope plainly marked on the outside

with the Project title (and, if applicable, the designated portion of the Project for

which the Bid is submitted) the name and address of the Bidder and its license or

registration number, if applicable. Bid shall be accompanied by Bid security and

other required documents.


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17.03 If the Bid is sent by mail or other delivery method, the sealed envelope containing

the Bid shall be enclosed in a separate envelope plainly marked on the outside with

the notation "BID ENCLOSED". A mailed Bid shall be addressed to:

Arcadis CE, Inc.Attn: Dave Hiss, PE, BCEE

855 Route 146

Suite 210

Clifton Park, New York 12065

17.04 If the Bid is sent by electronic mail it shall be addressed to:

[email protected]

ARTICLE 18 – MODIFICATION OR WITHDRAWAL OF BID

18.01 Withdrawal Prior to Bid Opening:

A. A Bid may be withdrawn by an appropriate document duly executed, in the manner

that a Bid must be executed and delivered to the place where Bids are to be

submitted prior to the date and time fixed for the opening of Bids. Upon receipt of

such written notice, the unopened Bid will be returned to the Bidder.

18.02 Modification Prior to Bid Opening:

A. If a Bidder wishes to modify its Bid, Bidder must withdraw its initial Bid in the

manner specified in the Subcontract Agreement and submit a new Bid.

ARTICLE 19 – OPENING OF BIDS

19.01 Bids will be opened at the time and place where Bids are to be submitted.

19.02 Bids received by mail or otherwise after the date and time specified for the opening

of Bids will not be accepted and will be returned to the Bidder unopened.

ARTICLE 20 – DISQUALIFICATION OF BIDDERS

20.01 More than one Bid for the same Work from an individual or entity under the same

or different names will not be considered. Reasonable grounds for believing thatany Bidder has an interest in more than one Bid for the Work may be cause for

disqualification of that Bidder and the rejection of all Bids in which that Bidder has

an interest.


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ARTICLE 21 – BIDS TO REMAIN SUBJECT TO ACCEPTANCE

21.01 All Bids shall remain subject to acceptance for the period of time stated in the Bid

Form, but Arcadis may, in its sole discretion, release any Bid and return the Bid

security prior to the end of that period.

ARTICLE 22 – EVALUATION OF BIDS AND AWARD OF CONTRACT

22.01 Arcadis reserves the right to reject any or all Bids, including without limitation the

right to reject any or all nonconforming, nonresponsive, unbalanced, or conditional

Bids. Arcadis further reserves the right to reject the Bid of any Bidder whom it

finds, after reasonable inquiry and evaluation, to be not responsible. Arcadis also

reserves the right to waive any informality not involving price, time or changes in

the Work.

22.02 Arcadis reserves the right to reject any Bid not accompanied by specified

documentation and Bid security.

22.03 Arcadis reserves the right to reject any Bid that, in its sole discretion, is considered

to be unbalanced or unreasonable as to the amount bid for any lump sum or unit

price item.

22.04 In evaluating Bidders, Arcadis will consider the qualifications of Bidders, whether

or not their Bids comply with the prescribed requirements, the alternatives, if any,

the lump sum and unit prices, and other data as may be requested in the Bid Form or

prior to the Notice of Award.

22.05 Not Used.

22.06 Arcadis may conduct such investigations as Arcadis deems necessary to establish

the responsibility, qualifications, and financial ability of the Bidders to perform the

Work in accordance with the Contract Documents. Arcadis reserves the right to

reject the Bid of any Bidder who does not pass any such evaluation to Arcadis’

satisfaction.

22.07 If a Contract is to be awarded, Arcadis will award the Contract to the lowest

responsive and responsible Bidder who has neither been disqualified nor rejected

pursuant to Article 20 of the Instructions to Bidders or this Article 22.

ARTICLE 23 – CONTRACT SECURITIES

23.01 Performance Bond shall be in the form of Arcadis Joint Contract Documents

Committee (EJCDC) C-610, "Construction Performance Bond” (Document

00 61 13.13 in the Project Manual). Payment Bond shall be in the form of EJCDC

C-615, “Construction Payment Bond” (Document 00 61 13.16 in the Project

Manual). The amounts of and other requirements for Performance and Payment


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Bonds are stated in the Subcontract Agreement. The requirements for delivery of

Bonds are stated in the Subcontract Agreement. Additional requirements may be

stated in the Subcontract Agreement.

23.02 Successful Bidder shall within five days from the date of the Notice of Award

deliver to Owner, for Owner's review and approval, the Performance Bond and thePayment Bond.

ARTICLE 24 – SUBCONTRACTOR'S INSURANCE

24.01 The requirements for Subcontractor's insurance are stated in the Subcontract

Agreement. The requirements for delivery of certificates of insurance and other

evidence of insurance are stated in the Subcontract Agreement.

24.02 Successful Bidder shall within five days from the date of the Notice of Award

deliver to Arcadis, for review and approval, the required policies of insurance.

Upon approval, the policies will be returned to the Bidder and Bidder shall submitcertificates of insurance and other evidence of insurance to the Arcadis as stated in

the Subcontract Agreement.

ARTICLE 25 – SIGNING OF AGREEMENT

25.01 When Arcadis issues a Notice of Award to the Successful Bidder, it will be

accompanied by the required number of unsigned counterparts of the Agreement

along with the other Contract Documents which are identified in the Agreement as

attached thereto. Within 15 days thereafter, Successful Bidder shall sign and deliver

the required number of counterparts of the Agreement and attached documents to

Arcadis. Within ten days thereafter, Arcadis will deliver one fully signedcounterpart to Successful Bidder with a complete set of the Drawings with

appropriate identification.

ARTICLE 26 – NOTICE TO PROCEED

26.01 Issuance of the Notice to Proceed shall be as stated in the Subcontract Agreement.

ARTICLE 27 – PARTNERING

27.01 Not Used.

ARTICLE 28 – SALES AND USE TAXES

28.01 Refer to the Subcontract Agreement for information on Owner’s exemption from

sales and use taxes on materials and equipment to be incorporated into the Work.

Do not include said taxes in Bid.


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ARTICLE 29 – ADDITIONAL REQUIREMENTS

29.01 Not Used.

+ + END OF INSTRUCTIONS TO BIDDERS + +


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(This Bid Form shall not be detached from the Project Manual. The entire Project Manualshall be returned with the executed Bid.)

BID FORM

FORMER HETTLING FARM SITE, FORMER SCOLITE SITE, PROPOSEDSCHUYLER HEIGHTS FIRE DISTRICT STATION HOUSE SITE

REMEDIAL CONSTRUCTION PROJECT

TABLE OF ARTICLES

1. Bid Recipient2. Bidder’s Acknowledgements

3. Bidder’s Representations. Bidder’s Certifications

5. Basis of Bid6. Time of Completion7. Attachments to this Bid8. Defined Terms9. Bid Submittal

ARTICLE 1 – BID RECIPIENT

1.01 This Bid is submitted to:

ARCADIS CE, Inc.855 Route 146, Suite 210Clifton Park, NY 12065Attn: Dave Hiss, P.E., [email protected]

1.02 The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into anAgreement with Arcadis in the form included in the Bidding Documents to performall Work as specified or indicated in the Bidding Documents for the price(s) and

within the times indicated in this Bid and in accordance with the Bidding Documents.

ARTICLE 2 – BIDDER’S ACKNOWLEDGEMENTS

2.01 Bidder accepts all of the terms and conditions of the Advertisement or Invitation toBid and Instructions to Bidders, including without limitation those dealing with thedisposition of Bid security. This Bid will remain subject to acceptance for 45 daysafter the Bid opening, or for such longer period of time that Bidder may agree to in


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writing upon request of Arcadis. Bidder will sign the Agreement and will furnish therequired contract security, and other required documents within the time periods setforth in the Bidding Documents.

ARTICLE 3 – BIDDER’S REPRESENTATIONS

3.01 In submitting this Bid, Bidder represents that:

A. Bidder has examined and carefully studied the Bidding Documents, other relateddata identified in the Bidding Documents, if any, and the following Addenda,receipt of all of which is hereby acknowledged.

Addendum No. Date Received Addendum No. Date Received

___________ ___________ ____________ ____________

___________ _____________ ____________ ____________

___________ _____________ ____________ ____________

B. Bidder has visited the Site and become familiar with and is satisfied as to thegeneral, local, and Site conditions that may affect cost, progress, and performanceof the Work.

C. Bidder is familiar with and is satisfied as to all Laws and Regulations that mayaffect cost, progress, and performance of the Work.

D. Bidder has carefully studied all:

1. reports of explorations and tests of subsurface conditions at or contiguous to theSite and all drawings of physical conditions relating to existing surface orsubsurface structures at or contiguous to the Site (except UndergroundFacilities), if any, that have been identified in the “technical data”, and

2. reports and drawings of Hazardous Environmental Conditions identified at the

Site that have been identified in the “technical data”.

E. Bidder has considered the information known to Bidder, information commonly

known to contractors doing business in the locality of the Site, information andobservations obtained from visits to the Site, the Bidding Documents, and the Site-related reports and drawings identified in the Bidding Documents with respect tothe effect of such information, observations, and documents on

1. the cost, progress and performance of the Work

2. the means, methods, techniques, sequences and procedures of construction to beemployed by Bidder, including applying any specific means, methods, tech-


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niques, sequences, and procedures of construction expressly required by theBidding Documents to be employed by Bidder; and

3. Bidder’s safety precautions and programs.

F. Based on the information and observations referred to in Paragraph 3.01.E, Bidderdoes not consider that further examinations, investigations, explorations, tests,studies, or data are necessary for the determination of this Bid for performance ofthe Work at the price(s) bid and within the times required and in accordance withthe other terms and conditions of the Bidding Documents.

G. Bidder is aware of the general nature of work (if any) to be performed by Ownerand others at the Site that relates to the Work as indicated in the BiddingDocuments.

H. Bidder has given Arcadis written notice of all conflicts, errors, ambiguities, and

discrepancies that Bidder has discovered in the Bidding Documents, and thewritten resolution thereof by Arcadis is acceptable to Bidder.

I. The Bidding Documents are generally sufficient to indicate and conveyunderstanding of all terms and conditions for the performance of the Work forwhich this Bid is submitted.

ARTICLE 4 – BIDDER’S CERTIFICATIONS

4.01 Bidder certifies that:

A. this Bid is genuine and is not made in the interest of or on behalf of anyundisclosed individual or entity and is not submitted in conformity with anyagreement or rules of any group, association, organization or corporation;

B. Bidder has not directly or indirectly induced or solicited any other Bidder tosubmit a false or sham Bid

C. Bidder; has not solicited or induced any individual or entity to refrain from bidding; and

D. Bidder has not engaged in corrupt, fraudulent, collusive or coercive practices incompeting for the Contract. For the purposes of the Paragraph 4.01.D;

1. “Corrupt practice” means the offering, giving, or soliciting of anything of valuelikely to influence the action of a public official in the bidding process

2. “Fraudulent practice” means an intentional misrepresentation of facts made (a) toinfluence the bidding process to the detriment of Arcadis or Owner, (b) to


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establish bid prices at artificial non-competitive levels, or (c) to deprive Arcadisor Owner of the benefits of free and open competition.

3. “Collusive practice” means to scheme or arrangement between two or moreBidders, with or without the knowledge of Arcadis or Owner, a purpose of which

is to establish bid prices at artificial, non-competitive levels.

4. “Coercive practice” means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process oraffect the execution of the Contract.

ARTICLE 5 – BASIS OF BID

5.01 Bidder will complete the Work at the Former Hettling Farm Site in accordance withthe Contract Documents for the following prices:

Lump Sum Item (Amount to be shown in both words and numerals.):

Item FHS-LS-1 - Provide Temporary Services:

Lump Sum Bid Price of ____________________________________ Dollars(words)

and ________________________ Cents ($__________________________).(numerals)

Unit Price Item (Amount to be shown in both words and numerals.):

Item Bid Item FHS-UP-2 – Implement the Storm Water Pollution Prevention Plan:Unit Estimated Bid

Description Price Quantity Price

FHS-UP-2 $ per day 60 days $__________(numerals) (numerals)


Item FHS-UP-3–Implement the Health and Safety Plan:

Unit Estimated BidDescription Price Quantity Price

FHS-UP-3 $ per day 60 days $__________(numerals) (numerals)


Item FHS-LS-4 – Mobilization:


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Item FHS-LS-5 – Demobilization:




Item FHS-LS-6 – Site Clearing and Grubbing:




Item FHS-LS-7 – Contaminated Soil Excavation:




Item FHS-UP-8 – Additional Contaminated Soil Excavation:Unit Estimated Bid


FHS-UP-8 $ CY 200 CY $__________(numerals) (numerals)


Item FHS-UP-9 – Load, Transport and Dispose of Contaminated Soil as HazardousWaste:

Unit Estimated Bid


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FHS-UP-9 $ Ton 300 Ton $__________(numerals) (numerals)


Item FHS-LS-10 – Furnish and Install Type I – Engineered Cover:Unit Estimated Bid


FHS-UP-10 $ CY 1,000 CY $__________(numerals) (numerals)


Item FHS-UP-11 – Furnish and Install Type II – Engineered Cover:Unit Estimated Bid


FHS-UP-11 $ CY 27,700 CY $__________(numerals) (numerals)


Item FHS-UP-12 – Furnish and Install Type III – Engineered Cover:Unit Estimated Bid




Item FHS-LS-13 – Furnish and Install Type IV – Engineered Cover:




Item FHS-LS-14 – Construction of Access Road:



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Item FHS-LS-15 – Groundwater/Contaminated Stormwater Collection andTreatment:




Item FHS-LS-16 – Modification of Existing Groundwater Monitoring Wells:




Item FHS-LS-17 – Furnish and Install Soil Amendment:

Lump Sum Bid Price of ____________________________________ Dollars

(words)and ________________________ Cents ($__________________________).

(numerals)


Item FHS-LS-18 – Furnish and Install Seed and Mulch:


and ________________________ Cents ($__________________________).

(numerals)


Item FHS-UP-19 – Excavation, Transport and Disposal of Hazardous Materials:Unit Estimated Bid


FHS-UP-19 $ TON 100 TON $__________


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(numerals) (numerals)


Item FHS-UP-20 – Install Provided Clay:



Total of Bid Prices FHS-LS-1 through FHS-UP-20:

$__________

Unit prices have been computed in accordance with the Subcontract Agreement.

Bidder acknowledges that estimated quantities of items of Unit Price Work arenot guaranteed and are solely for the purpose of comparison of Bids, and final payment for all Unit Price Work items will be based on actual quantities of UnitPrice Work, determined as provided in the Contract Documents.

5.02 Bidder will complete the Work at the Scolite Site in accordance with the ContractDocuments for the following prices:


Item FSS-LS-1 - Provide Temporary Services:




Item Bid Item FSS-UP-2 – Implement the Storm Water Pollution Prevention Plan:Unit Estimated Bid


FSS-UP-2 $ per day 60 days $__________(numerals) (numerals)


Item FSS-UP-3–Implement the Health and Safety Plan:


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FSS-UP-3 $ per day 60 days $__________(numerals) (numerals)


Item FSS-LS-4 – Mobilization:




Item FSS-LS-5 – Demobilization:




Item FSS-LS-6 – Site Clearing and Grubbing:




Item FSS-LS-7 – Contaminated Soil Excavation:


(words)and ________________________ Cents ($__________________________).

(numerals)


Item FSS-UP-8 – Additional Contaminated Soil Excavation:Unit Estimated Bid



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FSS-UP-8 $ CY 200 CY $__________(numerals) (numerals)


Item FSS-UP-9 – Load, Transport and Dispose of Contaminated Soil as HazardousWaste:


FSS-UP-9 $ Ton 300 Ton $__________(numerals) (numerals)


Item FSS-LS-10 – Furnish and Install Type I – Engineered Cover:Unit Estimated Bid


FHS-SP-10 $ CY 200 CY $__________(numerals) (numerals)


Item FSS-UP-11 – Furnish and Install Type III – Engineered Cover:Unit Estimated Bid


FHS-SP-11 $ CY 5,400 CY $__________(numerals) (numerals)


Item FSS-LS-12 – Construction of Access Road:




Item FSS-LS-13 – Groundwater/Contaminated Stormwater Collection andTreatment:



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(words)and ________________________ Cents ($__________________________).

(numerals)


Item FSS-LS-14 – Modification of Existing Groundwater Monitoring Wells:




Item FSS-LS-15 – Furnish and Install Soil Amendment:




Item FSS-LS-16 – Furnish and Install Seed and Mulch:


(words)and ________________________ Cents ($__________________________).

(numerals)


Item FSS-UP-17 – Excavation, Transport and Disposal of Hazardous Materials:Unit Estimated Bid


FSS-UP-17 $ TON 100 TON $__________

(numerals) (numerals)

Total of Bid Prices FSS-UP-1 through FSS-UP-17:

$__________

Unit prices have been computed in accordance with the Subcontract Agreement.


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5.03 Bidder will complete the Work at the Proposed Schuyler Heights Fire District StationHouse Site in accordance with the Contract Documents for the following prices:


Item SFD-LS-1 - Provide Temporary Services:




Item Bid Item SFD-UP-2 – Implement the Storm Water Pollution Prevention Plan:Unit Estimated Bid


SFD-UP-2 $ per day 60 days $__________(numerals) (numerals)


Item SFD-UP-3–Implement the Health and Safety Plan:Unit Estimated Bid


SFD-UP-3 $ per day 60 days $__________(numerals) (numerals)


Item SFD-LS-4 – Mobilization:




Item SFD-LS-5 – Demobilization:


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Item SFD-LS-6 – Site Clearing and Grubbing:




Item SFD-LS-7 – Contaminated Soil Excavation:




Item SFD-UP-8 – Additional Contaminated Soil Excavation:


SFD-UP-8 $ CY 200 CY $__________(numerals) (numerals)


Item SFD-UP-9 – Load, Transport and Dispose of Contaminated Soil as HazardousWaste:

Unit Estimated Bid


SFD-UP-9 $ Ton 300 Ton $__________(numerals) (numerals)


Item SFD-LS-10 – Furnish and Install Type I – Engineered Cover:Unit Estimated Bid


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SFD-SP-10 $ CY 8,900 CY $__________(numerals) (numerals)


Item SFD-LS-11 – Furnish and Install Type III – Engineered Cover:Unit Estimated Bid


SFD-SP-11 $ CY 1,200 CY $__________(numerals) (numerals)


Item SFD-LS-12 – Construction of Access Road:




Item SFD-LS-13 – Groundwater/Contaminated Stormwater Collection andTreatment:




Item SFD-LS-14 – Modification of Existing Groundwater Monitoring Wells:


(words)and ________________________ Cents ($__________________________).

(numerals)


Item SFD-LS-15 – Furnish and Install Soil Amendment:



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(words)and ________________________ Cents ($__________________________).

(numerals)


Item SFD-LS-16 – Furnish and Install Seed and Mulch:




Item SFD-UP-17 – Excavation, Transport and Disposal of Hazardous Materials:


SFD-UP-17 $ TON 100 TON $__________(numerals) (numerals)

Total of Bid Prices SFD-UP-1 through SFD-UP-17:

$__________

Total of Bid Prices FHS-UP-1 through FHS-UP-20; FSS-UP-1 through FSS-UP-17; and

SFD-UP-1 through SFD-UP-17 $__________________

Unit prices have been computed in accordance with Paragraph 11.03.B of theGeneral Conditions.


ARTICLE 6 – TIME OF COMPLETION

6.01 Bidder agrees that the Work will be substantially complete and completed and readyfor final payment in accordance with the Subcontract Agreement on or before thedates or within the number of calendar days indicated in the Agreement.

6.02 Bidder accepts the provisions of the Agreement as to liquidated and special damagesin the event of failure to complete the Work within the Contract Times.


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ARTICLE 7 – ATTACHMENTS TO THIS BID

7.01 The following documents are attached to and made a condition of this Bid:

A. Required Bid Security.

B. Required Bidder Qualifications Statement with supporting data.

C. A tabulation of Subcontractors, Suppliers, and other individuals and entities requiredto be identified in this Bid.

ARTICLE 8 – DEFINED TERMS

8.01 The terms used in this Bid with initial capital letters have the meanings stated in the

Instructions to Bidders and the Subcontract Agreement.

ARTICLE 9 – BID SUBMITTAL

9.01 This Bid submitted on _____________________________, 2015 by:

If Bidder is:

An Individual

Name (Typed or Printed): __________________________________________________

By____________________________________________________________________(Individual’s Signature)

Doing business as________________________________________________________

License or Registration Number:____________________________________________

Business Address:________________________________________________________

______________________________________________________________________

Phone No.:_____________________________ Fax No:__________________________

E-mail Address: __________________________________________________________

A Partnership


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Partnership Name: ________________________________________________________

By:____________________________________________________________________(Signature of General Partner - Attach evidence of authority to sign)

(Name (Typed or Printed): _________________________________________________

License or Registration Number:______________________________________________

Business Address:_______________________________________________________

______________________________________________________________________

Phone No.:_____________________________ Fax No:__________________________

E-mail Address: __________________________________________________________

A Corporation

Corporation Name: _______________________________________________________

______________________________________________________________________(State of Incorporation)

By____________________________________________________________________

(Signature - Attach evidence of authority to sign)

Name and Title (Typed or Printed): __________________________________________

(CORPORATESEAL)

Attest: ________________________________________________________________

(Secretary)

License or Registration Number:___________________________________________

Business Address:______________________________________________________

____________________________________________________________________

Phone No.:_____________________________ Fax No:__________________________

E-mail Address: __________________________________________________________


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Limited Liability Company

By:__________________________________________________________________(Firm Name)

____________________________________________________________________(State of Formation)

By:__________________________________________________________________(Signature of Member/Authorized to Sign)

____________________________________________________________________(Printed or Typed Name and Title of Member Authorized to Sign)(Attach evidence of authority to sign.)

License or Registration Number:____________________________________________

Business Address:______________________________________________________

____________________________________________________________________

Phone No.:_____________________________ Fax No:__________________________

E-mail Address: __________________________________________________________

A Joint Venture

Name of Joint Venture:___________________________________________________

First Joint Venturer Name: ________________________________________________

By:__________________________________________________________________

(Signature of First Joint Venturer - Attach evidence of authority to sign)

Name (Typed or Printed): _______________________ __________________________

(Title)

Title:___________________________________________________________________

Second Joint Venturer Name: _______________________________________________

By:___________________________________________________________________(Signature of Second Joint Venturer - Attach evidence of authority to sign)


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Name (Typed or Printed): ________________________ __________________________(Title)

(Each joint venturer must sign. The manner of signing for each individual, partnership,corporation or limited liability company that is a party to the joint venture shall be in the

manner indicated above).

Business Address: _________________________________________________________

Phone and fax numbers and address for receipt of communications to joint venture:

Joint Venture Address: _____________________________________________________

Phone No.:_____________________________ Fax No:__________________________

E-mail Address: __________________________________________________________

+ + END OF BID FORM + +


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SUBCONTRACT AGREEMENT

(for construction)

THIS IS A CONSTRUCTION SUBCONTRACT (“Subcontract”) effective as of ______, by and between ARCADIS CE., Inc. (“Consultant”, “Design-Builder” and “ARCADIS), ARCADIS CE, Inc., 855 Route 146,Suite 210, Clifton Park, NY 12065, and ____________ [ insert legal/contractual name and address]___,(“SUBCONTRACTOR”).

Prime Contract: ARCADIS has entered into a contract (“Prime Contract”) with the State of New YorkDepartment of Environmental Conservation (NYSDEC), 625 Broadway, Albany, NY 12233(“DEPARTMENT” or “Owner”), dated August 2010, for services that include construction of a remedialConstruction Project (“Project”), located at the locations shown in the Construction Documents (“Site”). ThePrime Contract requires the ARCADIS to perform and furnish construction labor, materials, equipment,and services in connection with the Project described therein. A copy of Prime Contract (excludingcompensation and other confidential information) is incorporated in this Subcontract by reference.

ARCADIS retains Subcontractor to perform a portion of the Project construction at the Site, for Generaland Remediation Construction and as more specifically indicated in the Subcontract’s Contract Documents.Consultant and Subcontractor further agree as follows:

LISTING OF ARTICLES IN THIS SUBCONTRACT

Defined TermsWitnesseth1. Subcontractor to Comply with Contract Documents2. Duties of Subcontractor3. Design Delegation4. Shop Drawings; Electronic Documents5. Specifications Varied by Laws6. Measurements Varied by Job Conditions7. Decisions as to Quality/Performance/Progress8. Indemnity9. Insurance10. Signs11. Field Office and Storage12. Condition of Site and Adjacent Property13. Access to the Work; Observation; Inspection; Uncovering Concealed Work14. Materials and Equipment15. Labor16. Safety17. Protection of Work, Materials, and Equipment18. Unsound, Defective, or Non-Conforming Work19. Fitting of this Work with Other Work20. Rubbish Removal21. Compliance with Law22. Liens

23. Patents24. Assignment25. Assignment of Purchase Contract(s)26. Cooperation with Other Subcontractors27. Schedule Disruption28. Termination for Subcontractor Default29. Termination for Convenience30. Performance Bond and Payment Bond; Subguard31. Bankruptcy


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32. Acceleration of Performance33. No Waiver34. Subcontractor’s General Warranty and Guarantee, and Correction Period35. Payroll and Sales Taxes36. Contract Price not Adjusted for Rising Costs37. Schedule of Values38. Progress Payments39. Withholding of Payment; Satisfaction of Claims

40. Substantial Completion; Final Inspection; Final Payment41. Trust Funds42. Changes and Extras43. Cash Allowances44. Claims45. No Delay by Subcontractor46. Scheduling47. Notices48. Rights and Remedies; Dispute Resolution49. No Oral Modifications50. Saving Clause; Severability51. Equal Opportunity Clause52. Affirmative Action

53. Exculpation of Partners54. Headings55. Hazardous Environmental Condition56. Labor and Materials to be Furnished by Subcontractor57. Availability of Labor and Material58. Prime Contract59. Third Party Beneficiaries; Effectiveness of this Subcontract60. Contract Times61. Contract Price62. Contract Documents63. Subcontractor’s Representations64. Inspection and Audit65. Emergencies

66. Hazard Communication Program67. Survival68. Drafting of Subcontract69. MiscellaneousExecution by the Parties

DEFINED TERMS

As used herein:

(i) “ ARCADIS” shall mean ARCADIS CE, Inc.

(ii) “Consultant” shall also mean ARCADIS.

(iii) “ Construction Contract” shall also mean Construction Subcontract.

(iv) “Contract” shall also mean Construction Subcontract.

(v) “ Contract Documents” shall have the meaning specified in Article 62, below.

(vi) “Department” shall mean the York State Department of Environmental Conservation (NYSDEC).


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(vii) “ Design-Builder” shall also mean ARCADIS.

(viii) "Drawings" shall mean the graphic and pictorial portions of the Contract Documents showingthe scope, extent and character of the Work, and generally including plans, elevations, sections,details, schedules and diagrams.

(viv) "Indemnitees" shall mean:

ARCADIS, the Owner, and their respective parent companies, corporations, membersand partnerships and their owned, controlled, affiliated, associated and subsidiarycompanies, corporations, members, and partnerships and the respective agents,consultants, contractors and subcontractors, principals, partners, members, servants,officers, stockholders, directors and employees of each, and any other persons or entitiesthat Consultant or Subcontractor are required to indemnify pursuant to the PrimeContract.

(x) “Others” shall mean entities entering into subcontracts with the Subcontractor.

(xi) “Owner” shall mean the New York State Department of Environmental Conservation(NYSDEC) or the “Department”

(xii) “ Prime Contract” shall have the meaning specified in Article 58, below.

(xiii) "Project" shall mean the total undertaking to be accomplished for Owner by engineers,contractors, and others, including planning, study, design, construction, testing, commissioning,and start-up, and of which the Work to be performed under the Contract Documents is a part.

(xiv) "Site" shall mean lands or areas within the delineated Contract Limits, shown on the Drawingswithin which the Work is to be performed, including rights-of-way and easements, and such otherlands furnished by Owner which are designated for the use of Consultant.

(xv) "Site Owner" shall mean the legal entity responsible for the lands or areas which the Work is tobe performed, including rights-of-way and easements, and such other lands furnished which aredesignated for the use of Owner, ARCADIS, and Subcontractor.

(xvi) “Specifications” shall mean that portion of the Contract Documents consisting of writtendescriptions of and requirements for equipment, materials, systems, standards, andworkmanship for the Work, and performance of related services.

(xvii) “ State” shall mean the State of New York.

(xviii) “Subcontractor” shall mean the selected, responsible bidder who successfully contracts with ARCADIS and who shall provide for the Project all the labor, supervision and materialshereinafter set forth in accordance with the Contract Documents, including Specifications and asshown on Drawings and other Contract Documents prepared by or for Consultant.

(xix) “Work” shall mean the entire construction or the various separately identifiable parts thereofrequired to be provided under the Contract Documents. Work includes and is the result ofperforming or providing all labor, services, and documentation necessary to produce suchconstruction; furnishing, installing, and incorporating all materials and equipment into suchconstruction; and may include related services such as testing, start-up, and commissioning, allas required by the Contract Documents, as well as all any other activities related or applicablethereto, associated therewith or arising therefrom.

Other defined terms are indicated in the Articles of this Subcontract.


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WITNESSETH:

WHEREAS, Owner has undertaken the Project on the Site in accordance with the drawings andspecifications prepared by the Consultant; and

WHEREAS, Owner has retained Consultant to deliver the Project; and

WHEREAS, Consultant desires to award, and the Subcontractor desires to perform, the Work, as

further specified in the Subcontract Contract Documents; and

WHEREAS, Subcontractor desires to perform such certain portion of the Project,

NOW, THEREFORE, Consultant and Subcontractor agree as follows:

1. SUBCONTRACTOR TO COMPLY WITH CONTRACT DOCUMENTSSubcontractor shall provide for the Project all the labor, supervision and materials hereinafter set forth inaccordance with the Contract Documents, including Specifications and as shown on Drawings and otherContract Documents prepared by or for Consultant, which Specifications and Drawings are to be returnedto Consultant upon the completion of the Work, including obligations required of Consultant pursuant to thePrime Contract (as defined in Article 58), and the Subcontractor hereby assumes all such obligations.

Subcontractor further acknowledges all obligations, terms, and conditions imposed upon or assumed byConsultant under the Prime Contract pursuant to the Work included in the Subcontract, and agrees toconduct itself, satisfy its obligations, and in all other ways perform its Work to enable Consultant to satisfyits obligations and responsibilities to Owner under the Prime Contract. Such additional Drawings andSpecifications as may be necessary to explain and detail the Work as may be furnished by Consultant, ifany, shall be complied with by Subcontractor, except where inconsistent with original Drawings andSpecifications. The Contract Documents are complementary and what is called for in one is the same asif required in all of the Contract Documents. The Drawings and the Specifications are intended tosupplement one another, and any Work or materials shown, mentioned or reasonably implied in or inferredfrom one and not in the others shall be provided by Subcontractor without extra charge to Consultant.Enumeration of particular items in this Subcontract or in the other Contract Documents (as defined in Article62) shall not be construed to exclude other items. The intention of the Contract Documents is to include alllabor, materials, engineering, equipment, transportation, tools, plant, appliances, appurtenances and otherfacilities, whether specified herein or not, necessary for the proper execution and completion of the Work.Subcontractor must refer any question respecting the Drawings or Specifications, or both, about which it isin doubt, or which seems to admit of a dual interpretation, to Consultant for Consultant's referral of thequestion to Owner or Consultant (as determined by Consultant) for interpretation or decision, to whichSubcontractor shall abide. Decision of Owner or Consultant as to the meaning, intent or contents of theContract Documents shall be final, binding and conclusive and Subcontractor must proceed with saiddecision so as not to delay, slow down, or impede progress of the Project in any way. This Subcontractincludes, and Subcontractor shall perform, all work commonly performed by the trade(s) included in theSubcontract, whether or not shown on the Drawings or in Specifications in detail. Subcontractor is familiarand experienced with this type of work, has inspected the Contract Documents, and has represented toConsultant that the Contract Documents are complete and contain all of the information necessary forSubcontractor to perform its Work. Subcontractor shall not receive any additional compensation by reasonof alleged incompleteness of the Contract Documents, or lack of coordination amongst the ContractDocuments, or inconsistencies amongst the Contract Documents. Should there be any conflict or

inconsistency in or among the Contract Documents, including the Prime Contract the Consultant shall havethe right to resolve such conflict as it may elect, in its exclusive discretion (which determination shall bebinding upon Subcontractor, with Consultant having the right to the most-costly or burdensome alternative,without an increase in the Contract Price).

In no event shall Consultant be liable to Subcontractor, either in tort or otherwise, for costs or damages,whether asserted directly against Consultant or by way of indemnification in whole or part, resulting fromany act, direction, supervision, instruction or coordination furnished to Subcontractor by Consultant orfailure to furnish same, which directly or indirectly affects the performance of Subcontractor, unless


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Subcontractor, before complying therewith to its damage, or in the case of failure to act, within five (5) daysafter such omission has occurred, objects in writing to Consultant to said act or omission and notifies it inwriting that same will result in monetary costs or damages to Subcontractor. Failure by Subcontractor tofurnish said notice of objection in writing as required herein shall constitute an irrevocable waiver andrelease of all claims for damages against Consultant, changes in time of performance, or other relief fromthe terms of the Subcontract arising therefrom, or any combination thereof. Consultant shall not haveliability for anything other than payment of the Contract Price.

2. DUTIES OF SUB

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