Signed Amendment 11.pdf

W16ROE80946030

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER (Type or print)

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

STANDARD FORM 30 (Rev. 10-83) Prescribed by GSA

FAR (48 CFR) 53.243

The purpose of this amendment is the follow ing:

-Revised Bid Schedule -Revised Specif ications -Answ er vendor questions FOR INFORMATION ONLY -Added the current Wage Rates, dated 8 August 2008

-BID OPENING DATE REMAINS 20 AUG 08 AT 2PM EST

(See Continuation Page for details) NOTE: Bidders must acknow ledge receipt of this amendment by the date specif ied in the solicitation (or as amended) by one of the follow ing methods: in the space provided on the SF 30, by separate letter, by telegram or by signing block 15 below . FAILURE TO ACKNOWLEDGE AMENDMENT BY THE DATE AND TIME SPECIFICED MAY RESULT IN REJECTION OF YOUR BID IN ACCORDANCE WITH THE LATE BID, LATE

MOFICATION OF BID, OR LATE WITHDRAWAL OF BID (FAR 14.304)

1. CONTRACT ID CODE PAGE OF PAGES

J 1 65

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

16C. DATE SIGNED

BY 08-Aug-2008

16B. UNITED STATES OF AMERICA15C. DATE SIGNED15B. CONTRACTOR/OFFEROR

(Signature of Contracting Officer)(Signature of person authorized to sign)

8. NAME AND ADDRESS OF CONTRACTOR (No., Street, County, State and Zip Code) X W912DS-08-B-0005

X 9B. DATED (SEE ITEM 11)

15-May-2008

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

X The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offer is extended, X is not extended.

Offer must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended by one of the following methods:

(a) By completing Items 8 and 15, and returning 1 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE

CONTRACT ORDER NO. IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(B).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is not, is required to sign this document and return copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

10A. MOD. OF CONTRACT/ORDER NO.

2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO.(If applicable)

6. ISSUED BY

3. EFFECTIVE DATE

08-Aug-2008

CODE

US ARMY CORPS OF ENGINEERS, NEW YORK

26 FEDERAL PLAZA, RM 1843

NEW YORK NY 10278-0090

W912DS 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

W912DS-08-B-0005

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION SF 30 - BLOCK 14 CONTINUATION PAGE

The following have been added by full text:

AMENDMENT #11

Revised Bid Schedule

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 LS

R2 LEVEE - WEST END FFP BASE BID

FFP

BASE BID -All work to complete construction of Segment R2 (i.e. levee, drainage structures, etc) located within Station 33+00 and Station 52+00 of the easement areas in accordance with the drawings and specifications, but not including Item No 0001AA, 0001AB, 0002 - Item No 0012 on this bid schedule.

FOB: Destination

MILSTRIP: W16ROE80946030

PURCHASE REQUEST NUMBER: W16ROE80946030

NET AMT

ITEM NO SUPPLIES/SERVICES QUANTITY

EST

UNIT UNIT PRICE AMOUNT

0001AA 11,730 Cubic Yard

Soil Disposal for Base Award

FFP

BASE BID 2 - All work to remove non-hazardous contaminated soil from within the project limits of the Base Award of this contract including excavation, temporary storage, hauling off site, and disposal at a waste landfill capable of accepting such materials and soils along with all labor, equipment and materials and incidentals necessary to dispose of the materials and soils in compliance with all Federal, State, and local rules and regulations.

FOB: Destination

UNIT UNIT PRICE AMOUNT

0001AB 59 Each Soil Testing for Bid Item 1AA

FFP

BASE BID 3 – Testing to determine contamination levels of excavated soils in Bid Item 1AA

0002 1 Lump Sum OPTION R2 Levee/floodwall/pumpstation -East End

FFP

OPTION 1 - All work to complete construction of Segment R2 (i.e. levee, pump station, swale, drainage structures, floodwall, etc) located within Station 52+00 to Station 78+92.77 of the easement areas in accordance with the drawings and specifications, but not including Item No 0001AA, 0001AB, 0001 and Item No 0003 – Item No 0012 on this bid schedule.

FOB: Destination

0003 1 Lump Sum OPTION PSE&G - Electric Power Line Relocation

FFP

and Pad Mounted Transformer. OPTION 2 – Cost to conduct temporary and permanent relocation of utilities in work area and supply and install concrete pad and transformer. Cost and schedule to be determined during the construction phase in coordination with the utility company. (See Spec Section 00800 Paragraph 38 for details) Offerors shall include this Amount in the bid price. This amount shall not be changed ($47,000.00).

FOB: Destination

$47,000.00

0004 1 Lump Sum OPTION Grass Maintenance

FFP

OPTION 3 - Work to include grass cutting and grass maintenance of all the easement areas in accordance with the drawings and specifications for 1 year.

Contractor should assume 4 grass cuts are required.

FOB: Destination

0005 1 Lump Sum OPTION Levee/Railroad Tie off

FFP

OPTION 4 -All Work to include closing the gap from the western end of the Segment R2 levee to the NJ Transit Railroad embankment by use of geotube, anchor tube and levee fill. This Bid Item does not include the work in Bid Item 0001AA, 0001AB, 0001-0004, 0006-0012 of this bid schedule.

FOB: Destination

0006 1 Lump Sum OPTION Utility Payments

FFP

OPTION 5 - Cost to include payment for utility costs related to pumping station facility for duration of 1 year. Offerors shall include this Amount in the bid price.

This amount shall not be changed. ($6,000.00) FOB: Destination

$6,000.00

0007 1 Lump Sum OPTION Required Insurances

FFP

OPTION 6 – All required insurances necessary to work in coordination with all involved agencies and organizations with no less than the specified minimum amounts. (See Paragraph 36 of Spec Section 00800 for details on all required insurances and minimum amounts.)

FOB: Destination

UNIT UNIT PRICE AMOUNT

0008 24,800 Cubic

OPTION Soil Disposal for Bid Item # 2

OPTION 7 - All work to remove non-hazardous contaminated soil from within the project limits of Bid Item # 2 of this contract including excavation, temporary storage, hauling off site, and disposal at a waste landfill capable of accepting such materials and soils along with all labor, equipment and materials and incidentals necessary to dispose of the materials and soils in compliance with all Federal, State, and local rules and regulations.

UNIT UNIT PRICE AMOUNT

0009 124 Each OPTION Soil Testing for Bid Item 8

FFP

OPTION 8 – Testing to determine contamination levels of excavated soils in Bid Item 8.

UNIT UNIT PRICE AMOUNT

0010 203 Cubic

OPTION Soil Disposal for Bid Item # 5

OPTION 9 - All work to remove non-hazardous contaminated soil from within the project limits of Bid Item # 5 of this contract including excavation, temporary storage, hauling off site, and disposal at a waste landfill capable of accepting such materials and soils along with all labor, equipment and materials and incidentals necessary to dispose of the materials and soils in compliance with all Federal, State, and local rules and regulations.

UNIT UNIT PRICE AMOUNT

0011 2 Each OPTION Soil Testing for Bid Item 10

FFP

OPTION 10 – Testing to determine contamination levels of excavated soils in Bid Item 10.

0012 NSP

CCASS / CPARS

FFP

The Federal Acquisition Regulation (FAR) requires collection of Past performance Information (PPI) on AE contracts and IDIQs at the task order. The system collects and manages past performance data. Effective 1 Apr 2007 ACASS is now a module of DoD’s CONTRACTOR PERFORMANCE ASSESSMENT REPORTING SYSTEM (CPARS). Architect-Engineer PPI data shall be entered in the Architect-Engineer Contract Administration Support System (ACASS) module via CPARS. Both the contractor and government personnel are responsible for inputting PPI data. Performance evaluations prepared in ACASS are transmitted to the Past Performance Information Retrieval System (PPIRS). For specific details and guidance in use of the system, contractor is directed to https://www.nwp.usace.army.mil/ct/I/home.asp. This links the contractor to the Portland District Contractor Appraisal Information Center (CAIC). CAIC is the primary center to assist both the contractor and government personnel in using the system.

FOB: Destination

NSP

TOTAL

TOTAL BASE LINE ITEM 0001 $__________________

TOTAL BASE LINE ITEM 0001AA $__________________

TOTAL BASE LINE ITEM 0001AB $__________________

TOTAL OPTION #1 CLIN 0002 $__________________

TOTAL OPTION #2 CLINS 0003 $__47,000.00________

TOTAL OPTION #3 CLINS 0004 $__________________

TOTAL OPTION #4 CLINS 0005 $__________________

TOTAL OPTION #5 CLINS 0006 $___ 6,000.00_______

TOTAL OPTION #6 CLINS 0007 $__________________

TOTAL OPTION # 7 CLIN 0008 $__________________

TOTAL OPTION # 8 CLIN 0009 $__________________

TOTAL OPTION # 9 CLIN 0010 $__________________

TOTAL OPTION # 10 CLIN 0011 $__________________

TOTAL LINE ITEM 0012 $_______NSP_______

TOTAL BASE PLUS OPTIONS 0001 - 0012 $__________________

NOTES FOR PRICE SCHEDULE:

1. The low bidder for purposes of award will be the conforming responsible bidder offering the lowest amount for the Total Base Bid Plus Optional Items.

2. The minimum construction award will be the amount bid for the Total Base Bid.

3. Any bid which is materially unbalanced as to the price for the Base Bid Item and Optional Items may be rejected. An unbalanced bid is one, which is based on price significantly less than cost for some work and prices are significantly overstated for other work.

4. Bidders are required to bid on both the Base Bid Item and the Optional Items or their bid will be rejected. The Government is not obligated to award the Optional items.

5. Bidders are reminded that they must bid on the issued plans and specifications as amended. Any deviations, conditions or attachments made by the bidders he thereto may render the bid non-responsive and be cause for its rejection.

Exercise of CLIN Item (Within calendar days from issuance of NTP)

Completion of CLIN Item period (Within calendar days from issuance of NTP)

Bid Item 1 Base Bid 1 0 720 Bid Item 1AA Base Bid 2 0 720 Bid Item 1AB Base Bid 3 0 720 Bid Item 2 Option 1 360 720 Bid Item 3 Option 2 300 720 Bid Item 4 Option 3 360 720 Bid Item 5 Option 4 360 720 Bid Item 6 Option 5 360 720 Bid Item 7 Option 6 90 720 Bid Item 8 Option 7 360 720 Bid Item 9 Option 8 360 720 Bid Item 10 Option 9 360 720 Bid Item 11 Option 10 360 720

Rvised Specifications (All are narrative changes):

1. Specifications (All are narrative changes):

Bid Schedule has been revised.

Spec Section 01 57 20.00 10 – Paragraph 1.9 Special Environmental Requirements which discusses an agreement with Union Carbide Corporation is deleted from the spec section.

Spec Section 26 32 15.00 10 – Paragraph 2.6 - Sound Limitations is deleted.

Spec Section 01 35 45.00 10 - Replace Paragraph 3.3 with revised version below:

3.3 SAMPLING AND ANALYSIS PLAN

The SAP shall be prepared in accordance with CDQC requirements and EM 200-1-3. The SAP shall be a single document that contains two distinct elements: FSP and QAPP. Sections of the FSP and QAPP shall be cross referenced. The SAP shall confirm the Contractor's understanding of the contract requirements for chemical data quality control and shall describe procedures for field sampling and sample submittal for analysis, documentation, data assessment and data reporting requirements. The SAP shall define the methods the Contractor intends to use to accomplish the chemical quality control items to assure accurate, representative and complete data. As a single interrelated document, the SAP shall be provided to field personnel. A sampling interval of 200 cubic yards is required for this project. However, the Contractor may propose original/innovative approaches for cost reduction by abbreviated sampling, equivalency or screening methods. The threshold for the removal of contaminated soil to an approved landfill is 20 ppm for Arsenic and 20,000 ppm for Chromium. The SAP shall identify the Contractor obtained laboratories. The Contractor shall furnish copies of the Government approved SAP to the Contractor's field sampling crew. The SAP shall have enough detail to become a document which may be used as an audit guide for field and laboratory work.

Spec Section 00800 Replace Paragraph 36 with revised version below:

36. INSURANCE PROCURED BY CONTRACTOR

a. The Contractor shall procure and maintain during the entire period of this performance under this contract the attached insurance policies:

(1) Commercial General Liability Insurance in limits of not less than Five Million Dollars ($5,000,000) combined single limit per occurrence for bodily injury, death, personal injury and property damage, including but not limited to coverage for Broad Form Property Damage. Such coverage shall not contain any environmental exclusion clause and there shall be no exclusions for property damage arising out of explosion, collapse or underground property damage hazards and no exclusion for waterfront activities.

(2) Comprehensive Automobile Liability Insurance in limits of not less than five million dollars ($5,000,000) combined single limit per occurrence for bodily injury, death, and property damage covering all owned, non-owned and hired vehicles in connection with the work to be performed in connection with this permit.

(3) Worker’s Compensation insurance in Statutory Amounts. Employer’s Liability and Occupational Disease Insurance with limits of $1,000,000 each accident, $1,000,000 policy limit and $1,000,000 each employee.

(4) General Contractors Pollution Legal Liability with limits of not less than $5,000,000 per occurrence/$5,000,000 aggregate bodily injury, property damage and cleanup expenses resulting from pollution conditions.

(5) Certificates of Insurance evidencing the issuance of all insurance required hereby, and guaranteeing at least thirty (30) days prior notice to the Government of cancellation or non-renewal, shall be delivered to The New Jersey Department of Environmental Protection and Borough of Bound Brook, prior to entry of the Government's contractors upon the project area, or, in the case of new or renewal policies replacing any policies expiring during the period, no later than thirty (30) days before the expiration dates of such expiring policies.

(6) Railroad Protective Liability Insurance in the name of Consolidated Rail Corporation with a limit of $2,000,000 per occurrence, combined single limit for bodily injury and/or property damage, for damages arising out of bodily injuries to or death of all persons and for damage to or destruction of property, including the loss of use thereof. Such insurance shall also contain an aggregate of not less that $6,000,000 for damages arising out of more than one occurrence.

(7) For construction or demolition operations within fifty feet of any operated railroad track(s) or affecting any railroad bridge, trestle, tunnel, track(s), roadbed, overpass or underpass, the contractor is required to have Railroad Protective Liability (RPL) Insurance, naming CSXT as named insured with limits of $5,000,000 per occurrence for bodily injury and property damage with at least $10,000,000 aggregate limit per annual policy period.

(7) The policies described above shall be endorsed

(i) to include, where necessary, Somerset County, the Borough of Bound Brook, the State of New Jersey, New Jersey Transit, CSXT, Consolidated Rail Corp and PSE&G as additional insured.

(ii) to provide that notice of an occurrence to the insurance company from any insured shall serve as notice from all insured.

b. If the Option is awarded, the Contractor shall furnish to the Contracting Officer a certificate or statement of the above required insurance. The policies evidencing required insurance shall contain an endorsement to the effect that cancellation or any material change in the policies adversely affecting the interests of the Government in such insurance shall not be effective for such a period as may be prescribed by the laws of the State in which this contract is to be performed and in no event less than thirty (30) days after written notice thereof to the Contracting Officer.

c. The Contractor agrees to insert the substances of this clause, including paragraph c., in all subcontracts hereunder.

Spec Section 00800 Replace Paragraph 38 with revised version below:

38. COORDINATION WITH UTILITIES

a. General: It is understood and agreed that the Contractor has considered in its bid all of the permanent and temporary utility facilities in their present or relocated positions to the extent required by the Contract Documents and as revealed by its own investigations; is aware that utility service demands, adverse field conditions and emergencies may affect the Utility’s ability to comply with schedules for utility work; is cognizant of the limited ability of the Contracting Agency to control the actions of the Utility(s).

The Contractor shall notify, in writing, the Utility(s) involved of the nature and scope of the Project, and of its operations that may affect the facilities or property of the Utility. The notice shall include an inquiry for all information required to determine the location of the existing utility facilities. The Contractor shall also provide the portion of the approved Preliminary Schedule relative to that respective Utility. Two copies of such notices and the Utility’s responses shall be sent to the Contracting Officer prior to the start of the Operations. The Contractor shall maintain the name, title, address and telephone number of the local point of contact of each Utility. The Contractor shall copy the Contracting Officer with current local point of contacts. The Contractor shall also attend the preconstruction conference where the Contractor shall present the utility data and related documentation.

The Contractor with copies to the Contracting Officer shall update the schedules and documentation for each Utility.

b. PSE&G (Electric Division) The attention of the Contractor is called to the presence of overhead power lines and utility poles at the project site which require temporary and/or permanent relocation in order for the Contractor to accomplish the required tasks of the Contract.

The contractor is also notified that PSE&G will provide and install the transformer and concrete pad at the specified project location. The Contractor is advised that PSE&G personnel will perform the actual permanent and/or temporary relocation work. The Contractor shall be responsible for providing temporary access and any clearing deemed necessary by PSE&G to facilitate PSE&G’s temporary and/or permanent relocation and installation works. The Contractor will be responsible for coordinating their operations with those of PSE&G. All other costs shall be included in the contract price in accordance with the Contract Documents.

Point of PSE&G Contact:

472 Weston Canal Road, Somerset, NJ 08873 Tel. Number: 800-722-0256

c. Other Utilities: The Contractor shall be required to coordinate protection and/or relocation of other utility facilities at the project site. The Contractor shall take whatever steps are necessary to protect the existing utilities during demolition activities.

d. For bidding purposes the Government has estimated an allowance of $47,000 for Bid Item # 3 to include all works performed by PSE&G. The amount will be finalized during construction.

The contractor shall be responsible for making payment to PSE&G.

Note: The contractor shall be responsible for developing a detailed erosion control plan, including plans to divert existing streams, for submission to Somerset-Union Soil Conservation District.

Note: The full technical data submittal received from the EPA concerning the work performed behind the Brook Industrial Site has been posted on the following website for informational purposes. Check the Announcements section of the following site. The file is rather large:

http://www.nan.usace.army.mil/business/buslinks/contract/index.htm

2. Responses to Contractor Questions (For Information Purposes Only):

Q1) Please provide a Wall Section through the East & West Walls of the Generator Building showing the standing seam metal applied vertically to the masonry wall as well as the closure of that material to the roof above and masonry below.

A1) Please see detail 3 on plan sheet A-501 Soffit Detail, it shows the fascia as a continuation of the standing seam roof, there is no standing seam metal on the vertical walls of the structure, it is clear in the detail.

Q2) On July 21, 2008, Charlie Myers of CSX Transportation had returned my call in regards to insurances limits. At that point he stated that the project permit was still under review. Based on that – there was limited information that he was able to provide subsequently insurance costs can not be determined. Please provide the limits and any other information necessary to determine the insurance costs. An option would be to have an allowance for the RR Insurances. Please comment.

A2) The limits for all required railroad insurances have been provided in the revised version of Section 00800, Paragraph 36, provided in this amendment. Costs for all necessary insurances should be included in bid item # 7.

Q3) The “Chain Link Fence” detail on sheet C-506 shows it on a “Wall”. Is the fence limited to the headwalls as shown? Is it also on the flood wall?

A3) The fence is limited to the headwalls. There is no chain link fence on the floodwall.

Q4) If textile sleeve injection ports are to be furnished, the pumping height of the tube will be limited to 4.5 ft.

A4) The plans require the geotube to have a filling height of 6.5 feet. The contractor must coordinate with the manufacturer to achieve that filling height.

Q5) We recommend the use of 8" PVC flanged fill ports, which would allow a filling height of

6.5 ft.

A5) The government has no objections to the geotube construction methods as long as the requirements of the contract documents are met.

Q6) Topsoil used to backfill under rip-rap at the CCS system-why?

A6) The plans do not appear to show a requirement for topsoil to be used as back-fill under the rip-rap nor is it required.

Q7) Page C-301, C-303 note 5x5 culvert what?

A7) The 5X5 box culvert is the culvert that the pump station pumps out the water through from the pump chamber. The 5X5 box culvert connects to a junction chamber which then continues through 72” Round Pipes and an outlet swale. Additional views of this system can be found on plan sheets CS-101 and C-512.

Q8) The new specs for soil removal are missing a very important element, contract drawings that show the extend and location of the contaminated soil to be removed. See spec 3.3.1

A8) The contaminated soil was estimated from the soil that is required to be excavated to construct the levee and floodwall areas. Estimated contingency quantities were included as well.

The bid schedule has been revised in this amendment to include all soil quantities for excavation.

Q9) Your new items call every thing non hazardous yet the spec says hazardous. NJ rules for disposal of ID-27 are a lot less than hazardous waste why do you want to pay the higher rates.

and where does it get paid under the specs.

A9) The excavated material is expected to be classified as contaminated non-hazardous and should be estimated that way.

Q10) If we have to blend to stay below hazardous levels where will this dirt to blend come from and how do we determine this volume.

A10) The excavated soil is to be blended by itself to distribute concentrations of contaminates.

Q11) The backfill material you call for is very different than the compacted fill needed for the levee. Does this mean we will be overexcavating the levee and no levee material will be used to backfill contaminated areas?

A11) The backfill material shall be suitable for construction of the levee and meet all the requirements of spec section 35 41 00.

Q12) Item 8 – Option #7, Please provide the location of non hazardous contaminated soil and documentation that the soil exits.

A12) The bid item 1A, which was previously Item 8, work refers to the excavation, handling and disposal of the soil material when constructing the project elements within the base award. Any excavation that is part of the base award should be dealt with under the guidance and specifications of bid item 1A. A quantity is also provided to allow for a fair comparison among the contractors’ estimates.

Q13) Item 8 – Option #7, How can we verify this quantity?

A13) The quantity will have to be field verified.

Q14) Item 8 – Option #7, By removing this quantity, does it mean that we must bring into the site an additional 14720 CY of compacted common fill?

A14) Yes, the fill that is brought in will have to be suitable for backfilling as well as levee construction per spec section 35 41 00.

Q15) Item 9 – Option #8, By removing this amount of soil, this will necessitate the importing of compacted fill. The bid item for compacted fill is a lump sum item.

A15) The fill to be brought in to replenish the excavated material from the soil disposal bid items and to construct the levees is to be included in bid items 1, 2 and 5. The total quantity can be taken off from the levee cross-sections and profiles supplied in the plans.

Q16) Item 9 – Option #8, How do we determine exactly how much fill to bring in?

A16) The amount of fill to be brought in shall replenish the excavated material and, in areas where levees are proposed, also be enough to construct them. The total quantity can be taken off from the levee cross-sections and profiles supplied in the plans.

Q17) Item 9 – Option #8, If the site was remediated with clean fill, does this get disposed of too?

A17) It is recommended that all the excavated material be disposed of. However, if the fill is tested and determined to be clean, the contractor will have the option to dispose of it or reuse it providing it is suitable for the construction needs.

Q18) Item 9 – Option #8, Option 2 also takes in Station 52+0 to 65+0 and 73+0 to 78+0 and the out fall areas under the rail road bridges. Are these areas also part of the quantity in Option 9?

A18) Yes.

Q19) Item 9 – Option #8, Whatever amount of fill that is taken offsite must get replaced with compacted common fill. How do we know what quantity to bring into the site and under what item should we include it?

A19) The amount of fill to be brought in shall replenish the excavated material and, in areas where levees are proposed, also be enough to construct them. The total quantity can be taken off from the levee cross-sections and profiles supplied in the plans. The fill to be brought in to replenish the excavated material from the soil disposal bid items and to construct the levees is to be included in bid items 1, 2 and 5 of the bid schedule found in this amendment.

Q20) Item 10 – Option #9, How do we know to what extent you are saying is contaminated soil in this closure area?

A20) All excavated soil required for the construction of this bid item is to be handled in accordance with the guidance and specifications provided in amendment #9. The quantity of excavated material has been provided in the revised bid schedule in this amendment.

Q21) Item 10 – Option #9, We cannot determine the quantity to be removed offsite or the quantity of soil to be imported into site.

A21) The bid schedule has been revised in this amendment to include the quantity of excavated material for all the soil disposal bid items.

Q22) Item 5 – Option #4, Inquiries to suppliers – feed back is that these tubes are the wrong application and the tubes must be hydraulically filled with sand.

A22) It is the Government’s intention to place the geotube as a temporary closure for a void left between the end of the Segment R2 levee and the railroad embankment until a future construction contract where it will be permanently sealed. It was also the Government’s intention to fill the geotube with material that can be reused as fill for the future contract. If compacted embankment material is not feasible then the recommended slurry sand mix will have to be used.

Q23) Bid items # 8, 9 and 10 were added for excavation, temporary storage, hauling off site and disposal of non-hazardous soil within the respective project limits. No mention is made as to what material, if any, is to be used to replace the disposed material. Please designate what material, if any, is to be supplied and installed by the contractor to replenish the volume associated with the contaminated soil.

A23) The backfill material shall be suitable for construction of the levee and meet all the requirements of spec section 35 41 00.

Q24) Regarding Amendment #9, Sect #1 "Plans" states that plan sheet S-001 has been revised, however this page was not included with the amendment

A24) The change was narrative. The revised note #2 under Steel Construction Notes should read, “2. Structural steel shall be hot-dipped galvanized and shall conform to ASTM A572, grade 50.

Structural tubing shall conform to A500, Grade B.” References to roller gates shall be ignored as there are none on this project.

Q25) Regarding Amendment #9, Sect #2 "Specifications" states spec. section 01 57 20.00 10 "Environmental Protection" is to be added. However, that spec section, titled "Environmental Protection for Civil Works" is already in place. Is the new spec meant to replace the existing spec or to be added to it?

A25) Please disregard the original spec section 01 57 20.00 10 and replace it with the spec section 01 57 20.00 10 provided in Appendix B of Amendment #9.

Q26) What are the specific insurance requirements for handling, transportation and disposal of the contaminated material? Please provide insurance types & limits.

A26) All required contractor insurance is outlines in Paragraph 36 of Spec Section 00800, which has been revised in this amendment.

Q27) Under Bid Item “0008” and “0009” there were quantities of 14,720 CY and 28,141 CY respectively for disposal. Please provide the testing parameters (i.e. Arsenic 20 mg/kg) used to determine if the soil was needed to be removed.

A27) The revised bid schedule found in this amendment contains revised quantities for the soil excavation bid items. This amendment also contains a revised paragraph 3.3 of spec section 01 35 45.00 10 which states the testing parameters.

Q28) Addendum 9 included the “Final Removal Action Completion Report” however it was incomplete. Please provide a complete report.

A28) The complete set of documents from the EPA has been made available at the following website: http://www.nan.usace.army.mil/business/buslinks/contract/index.htm

Q29) Section 01 57 20.00 10 Part 1.9 states the Access road to be the first task. Please clarify which access road is being referred to. Please provide a plan that depicts the proposed location of the access road. Also provide the improvements required.

A29) Spec Section 01 57 20.00 10 – Paragraph 1.9 Special Environmental Requirements, which discusses an agreement with Union Carbide Corporation, has been deleted from the spec section in this amendment. Furthermore, any references to Union Carbide Corporation found in other sections are to be disregarded as they are not involved in this contract.

Q30) Several of the Vendors are stating that the sound limitations are unattainable for this size generator. It was also stated that it may not be applicable since it is located in a building. Please clarify.

A30) Paragraph 2.6 of Spec Section 26 32 15.00 10, which indicates the sound limitations has been deleted in this amendment.

Q31) Addendum #7 stated that the contractor to provide the transformer. PSEG in the Sate of NJ does not allow independent contractors to provide & install. PSE&G would typically provide and install the transformer. Please respond.

A31) The response in amendment #7 is incorrect. PSE&G will supply and install the transformer and the concrete pad. Bid item # 3 of the bid schedule has been revised in this amendment to have an allowance of $47,000.00 to have the contractor pay PSE&G for their services.

Q32) The documents provided do not provide a clear outline of the areas to be excavated (wetlands, pits, woodlands, etc.). The report primarily addresses previous activities. Please define.

A32) The areas to be excavated are the areas where excavation will occur in order to construct the project elements such as the levees and floowalls within the Segment R2 project limits, as shown on the plans. The EPA report contains soil classification data for areas in and around the Segment R2 project limits. An estimated quantity of excavated material was provided to create fair bid comparison.

Q33) While the report indicates operations in general at the site, the portion of the bid specification that we received did not indicate what part of the facility/operations were associated with the material to be excavated. Please clarify.

A33) The areas to be excavated are the areas where excavation will occur in order to construct the project elements such as the levees and floodwalls and are entirely within Segment R2 project limits.

Q34) Item # 8 Option 7, Item 9 Option 8 & Item 10 Option 9 identifies work to remove non-hazardous contaminated soil off-site. Although PPE Levels are defined in the specifications the actual work protection level required is not defined. Please clarify the PPE protection required.

A34) Please refer to EM 385-1-1 Safety and Health Requirements for all PPE requirements for work in this contract.

Q35) Why would you remove the arsenic? If you can blend it to be non hazardous on the job then it can stay by clean-up standards. Less than 20mg/kg is allowed for residential use. Your spec says it must be below that to leave the site .The standards says less than 20mg/kg is within the cleanup standard.

A35) It is recommended that all the excavated material be disposed of. However, if the fill is tested and determined to be clean, the contractor will have the option to dispose of it or reuse it providing it is suitable for the construction needs.

Q36) The Final Removal Action Plan Completion Report found in Add #9, Appendix C, is incomplete. Tables 1, 2, 3, 5, 7, 8, & 10, all Appendices, and Attachments 1 & 2 were not provided.

A36) The complete set of documents from the EPA has been made available at the following website: http://www.nan.usace.army.mil/business/buslinks/contract/index.htm

Q37) Specification section 01 57 20.00 10 "Environmental Protection", part 1.9, para. 1 mentions a Temporary Access Agreement between the government and The Union Carbide Corp, which requires the Contractor to execute Exhibit B "Hold Harmless & Indemnity Agreement", and to install an access Road off River Road. The requirements of this paragraph are unclear and confusing. None of this information is found or shown in the contract documents. Please clarify.

A37) Spec Section 01 57 20.00 10 – Paragraph 1.9 Special Environmental Requirements, which discusses an agreement with Union Carbide Corporation, has been deleted from the spec section in this amendment. Furthermore, any references to Union Carbide Corporation found in other sections are to be disregarded as they are not involved in this contract.

Q38) Under NJDEP Site Remediation NJAC 7:26E you need an approved plan. Since you have no plan how are we to price the cost of a clean-up which is not yet defined or permitted?

A38) Paragraph 3.3 of spec section 01 35 45.00 10 has been revised in this amendment to describe the requirements of the sampling plan and to state the testing parameters. The bid schedule has been revised in this amendment to include bid items with quantities for testing the excavated soils.

Q39) The amount of testing will be depend on that which is needed to get a plan approved and the plan will require more testing not yet determined should the testing be an allowance or a unit per test? Maybe since the corps has its own forces that do testing the test should be done by the corps.

A39) The bid schedule has been revised in this amendment to include bid items with quantities for testing the excavated soils. The number of tests was based on the spec requirement interval of every 200 cubic yards.

WAGE RATES

GENERAL DECISION: NJ20080003 08/08/2008 NJ3

Date: August 8, 2008 JG 08 Aug 08 General Decision Number: NJ20080003 08/08/2008

Superseded General Decision Number: NJ20070003

State: New Jersey

Construction Types: Building, Heavy and Highway

Counties: Bergen, Essex, Hudson, Hunterdon, Middlesex, Morris, Passaic, Somerset, Sussex, Union and Warren Counties in New Jersey.

Does not include building construction in Hunterdon and Somerset Counties

BUILDING CONSTRUCTION PROJECTS (does not include single family homes and apartments up to and including 4 stories) (does not include building construction in Hunterdon or Somerset Counties)

HEAVY AND HIGHWAY CONSTRUCTION PROJECTS

Modification Number Publication Date 0 02/08/2008 1 02/15/2008 2 02/29/2008 3 03/21/2008 4 04/11/2008 5 04/18/2008 6 04/25/2008 7 05/09/2008 8 05/16/2008 9 05/23/2008 10 05/30/2008 11 06/06/2008 12 06/20/2008 13 07/04/2008 14 07/11/2008 15 07/18/2008 16 08/01/2008 17 08/08/2008

ASBE0032-001 09/01/2005

BERGEN, ESSEX AND HUDSON COUNTIES; HUNTERDON COUNTY (Borough of Califon; Township of Tewksbury); MIDDLESEX COUNTY (Boroughs of Carteret and Dunellen; Township of Edison; Boroughs of Highland Park, Metuchen and Middlesex; City of New Brunswick; Township of Old Bridge; City of Perth Amboy; Township of Piscataway;

Borough of Sayreville; City of South Amboy; Boroughs of South Plainfield and South River; Township of Woodbridge); MORRIS AND PASSAIC COUNTIES: SOMERSET COUNTY (Boroughs of Bernardsville and Bound Brook; Township of Bridgewater; Borough of Far Hills;

Township of Green Brook; Boroughs of North Plainfield, Peapack-Gladstone, Raritan, Somerville, South Bound Brook and Watchung; Township of Warren); SUSSEX AND UNION COUNTIES;

WARREN COUNTY (Townships of Allamuchy, Blairstown and Frelinghuysen; Town of Hackettstown; Townships of Hope, Independence, Knowlton, Liberty and Mansfield):

Rates Fringes

Insulator/asbestos worker (includes the application of all insulating materials, protective coverings, coatings and finishings to all types of mechanical systems; also, the application of firestopping material to openings and penetrations in walls, floors, ceilings and curtain walls; also, all lead abatement).........$ 41.01 19.30

ASBE0032-004 09/01/2004

BERGEN, ESSEX AND HUDSON COUNTIES; HUNTERDON COUNTY (Borough of Califon; Township of Tewksbury); MIDDLESEX COUNTY (Boroughs of Carteret and Dunellen; Township of Edison; Boroughs of Highland Park, Metuchen and Middlesex; City of New Brunswick; Township of Old Bridge; City of Perth Amboy; Township of Piscataway;

Borough of Sayreville; City of South Amboy; Boroughs of South Plainfield and South River; Township of Woodbridge); MORRIS AND PASSAIC COUNTIES: SOMERSET COUNTY (Boroughs of Bernardsville and Bound Brook; Township of Bridgewater; Borough of Far Hills;

Township of Green Brook; Boroughs of North Plainfield, Peapack-Gladstone, Raritan, Somerville, South Bound Brook and Watchung; Township of Warren); SUSSEX AND UNION COUNTIES;

WARREN COUNTY (Townships of Allamuchy, Blairstown and Frelinghuysen; Town of Hackettstown; Townships of Hope, Independence, Knowlton, Liberty and Mansfield):

Rates Fringes

Hazardous material handler/asbestos removal worker...........................$ 21.75 5.00

ASBE0089-001 07/01/2008

HUNTERDON COUNTY (does not include the Borough of Califon;

Township of Tewksbury); MIDDLESEX COUNTY (does not include the Boroughs of Carteret and Dunellen; Township of Edison; Boroughs of Highland Park, Metuchen and Middlesex; City of New Brunswick; Township of Old Bridge; City of Perth Amboy;

Township of Piscataway; Borough of Sayreville; City of South Amboy; Boroughs of South Plainfield and South River; Township of Woodbridge); SOMERSET COUNTY (Townships of Branchburg, Franklin, Hillsborough and Montgomery); WARREN COUNTY (Townships of Franklin, Greenwich, Harmony, Lopatcong, Oxford, Pohatcong, Washington and White):

Asbestos worker/insulator (includes the application of all insulating materials, protective coverings, coatings and finishings to all types of mechanical systems; also, the application of firestopping material to openings and penetrations in walls, floors, ceilings and curtain walls; also, all lead abatement).........$ 38.02 24.98

PAID HOLIDAYS:

The last day prior to the Christmas and New Year's Day observed holiday: 4 hrs. pay.

BOIL0028-001 08/01/2006

Rates Fringes

Boilermaker....................$ 36.77 44% + 9.08

BRNJ0002-005 05/01/2008

BERGEN, ESSEX AND HUDSON COUNTIES; HUNTERDON COUNTY (north and west of a line drawn from Clover Hill, through Reaville, through Flemington, through High Bridge, through Califon, through Fairmont, to Pottersville); MIDDLESEX COUNTY (Borough of Dunellen; Township of Edison (Town of Oak Tree only);

Township of Piscataway (Town of New Market only); Borough of South Plainfield); MORRIS AND PASSAIC COUNTIES; SOMERSET COUNTY (north of a line drawn from the point where the Lamington River leaves the boundary line between Hunterdon and Somerset Counties; then, continuing along the Lamington River to where it becomes the North Branch of the Raritan River; then, continuing along the North Branch of the Raritan River to where it becomes Chambers Brook; then, continuing along Chambers Brook until it becomes the boundary line between the Townships of Bernards and Bridgewater; then, continuing along the boundary line between the Townships of Bernards and Bridgewater, until that boundary line intersects with Route 78;

then, continuing along Route 78 until Route 78 intersects with Route 525; then, continuing along Route 525 until Route 525 intersects with the boundary line between the Townships of Bridgewater and Warren; then, continuing along the boundary line between the Townships of Bridgewater and Warren until that boundary line intersects with Route 22; then, following Route 22 until Route 22 intersects with Sebrings Mills Rd. (also known as King George Rd.); then, continuing south on Sebrings Mills Rd. until it goes over Green Brook, which is the Middlesex County line); SUSSEX, UNION AND WARREN COUNTIES:

Bricklayer.....................$ 35.50 19.72

Work 100 degrees F. and over:

to be paid at the rate of double time.

Work on high stacks:

22% per hour additional.

BRNJ0002-006 05/01/2008

HUNTERDON COUNTY (south and east of a line drawn from Clover Hill, through Reaville, through Flemington, through High Bridge, through Califon, through Fairmont, to Pottersville);

MIDDLESEX COUNTY (does not include the Borough of Dunellen;

Township of Edison (Town of Oak Tree); Township of Piscataway (Town of New Market); Borough of South Plainfield); SOMERSET COUNTY (south of a line drawn from the point where the Lamington River leaves the boundary line between Hunterdon and Somerset Counties; then, continuing along the Lamington River to where it becomes the North Branch of the Raritan River;

then, continuing along the North Branch of the Raritan River to where it becomes Chambers Brook; then, continuing along Chambers Brook until it becomes the boundary line between the Townships of Bernards and Bridgewater; then, continuing along the boundary line between the Townships of Bernards and Bridgewater, until that boundary line intersects with Route 78;

then, continuing along Route 78 until Route 78 intersects with Route 525; then, continuing along Route 525 until Route 525 intersects with the boundary line between the Townships of Bridgewater and Warren; then, continuing along the boundary line between the Townships of Bridgewater and Warren until that boundary line intersects with Route 22; then, continuing along Route 22 until Route 22 intersects with Sebrings Mills Rd.

(also known as King George Rd.); then, continuing south along Sebrings Mills Rd. until it goes over Green Brook, which is the Middlesex County line):

Rates Fringes

Bricklayer.....................$ 35.50 19.72

Work 100 degrees F. and over:

to be paid at the rate of double time.

Work on high stacks:

22% per hour additional.

BRNJ0002-008 05/01/2008

BERGEN, ESSEX AND HUDSON COUNTIES; HUNTERDON COUNTY (north and west of a line drawn from Clover Hill, through Reaville, through Flemington, through High Bridge, through Califon, through Fairmont, to Pottersville); MIDDLESEX COUNTY (Borough of Dunellen; Township of Edison (Town of Oak Tree only);

Township of Piscataway (Town of New Market only); Borough of South Plainfield); MORRIS AND PASSAIC COUNTIES; SOMERSET COUNTY

(north of a line drawn from the point where the Lamington River leaves the boundary line between Hunterdon and Somerset Counties; then, continuing along the Lamington River to where it becomes the North Branch of the Raritan River; then, continuing along the North Branch of the Raritan River to where it becomes Chambers Brook; then, continuing along Chambers Brook until it becomes the boundary line between the Townships of Bernards and Bridgewater; then, continuing along the boundary line between the Townships of Bernards and Bridgewater, until that boundary line intersects with Route 78;

then, continuing along Route 78 until Route 78 intersects with Route 525; then, continuing along Route 525 until Route 525 intersects with the boundary line between the Townships of Bridgewater and Warren; then, continuing along the boundary line between the Townships of Bridgewater and Warren until that boundary line intersects with Route 22; then, continuing along Route 22 until Route 22 intersects with Sebrings Mills Rd.

(also known as King George Rd.); then, continuing south on Sebrings Mills Rd. until it goes over Green Brook, which is the Middlesex County line); SUSSEX, UNION AND WARREN COUNTIES:

Rates Fringes

Cement mason and plasterer......$ 35.50 19.72

Cement mason and plasterer:

Work on high stacks: 22% per hour additional.

Cement mason only:

Epoxy, acid and latex work: $.50 per hour additional.

BRNJ0002-009 05/01/2008

HUNTERDON COUNTY (south and east of a line drawn from Clover Hill, through Reaville, through Flemington, through High Bridge, through Califon, through Fairmont, to Pottersville);

MIDDLESEX COUNTY (does not include the Borough of Dunellen;

Township of Edison (Town of Oak Tree); Township of Piscataway (Town of New Market); Borough of South Plainfield); SOMERSET COUNTY (south of a line drawn from the point where the Lamington River leaves the boundary line between Hunterdon and Somerset Counties; then, continuing along the Lamington River to where it becomes the North Branch of the Raritan River;

then, continuing along the North Branch of the Raritan River to where it becomes Chambers Brook; then, continuing along Chambers Brook until it becomes the boundary line between the Townships of Bernards and Bridgewater; then, continuing along the boundary line between the Townships of Bernards and Bridgewater, until that boundary line intersects with Route 78;

then, continuing along Route 78 until Route 78 intersects with Route 525; then, continuing along Route 525 until Route 525 intersects with the boundary line between the Townships of Bridgewater and Warren; then, continuing along the boundary line between the Townships of Bridgewater and Warren until that boundary line intersects with Route 22; then, continuing along Route 22 until Route 22 intersects with Sebrings Mills Rd.

(also known as King George Rd.); then, continuing south along Sebrings Mills Rd. until it goes over Green Brook, which is the Middlesex County line):

Rates Fringes

Cement mason and plasterer......$ 35.50 19.72

Cement mason and plasterer:

Work on high stacks: 22% per hour additional.

Cement mason only:

Epoxy, acid and latex work: $.50 per hour additional.

BRNJ0007-003 07/01/2008

Rates Fringes

Marble setter...................$ 49.63 23.40

BRNJ0007-004 07/01/2008

Rates Fringes

Marble finisher................$ 40.75 23.23

BRNJ0007-005 07/01/2005

Rates Fringes

Terrazzo finisher..............$ 38.37 23.25 Terrazzo setter................$ 39.68 23.25

BRNJ0007-009 12/01/2005

BERGEN, ESSEX, HUDSON AND HUNTERDON COUNTIES; MIDDLESEX COUNTY

(north of Route 33); MORRIS, PASSAIC, SOMERSET, SUSSEX, UNION

AND WARREN COUNTIES:

Rates Fringes

Tile finisher..................$ 33.40 17.15 Tile setter....................$ 40.17 21.08

Tile finisher:

Work grouting all epoxy: $10.00 additional per day.

BRNJ0007-010 12/01/2007

MIDDLESEX COUNTY (south of Route 33):

Rates Fringes

Tile finisher..................$ 33.51 16.36 Tile setter......