W912DS-08-B-0005-0001.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 to: 1. Incorporate a Revised Bid Schedule in Section 00010.

2. Incorporate a Revised Price Schedule Notes in Section 00010.

3. The follow ing clauses have been updated: 52.225-9, 52.225-11, 52.252-1, 252.236-7001.

4. Replace Wage Rates General Decision Number NJ080003 dated April 25, 2008 w ith Wage Rates General Decision Number NJ 20080003 dated May 23, 2008, in Section 00800.

The Bid Due Date remains unchanged, 16 June 2008 at 2:00 pm EST.

NOTE: Offerors must acknow ledge receipt of this amendment by the date specif ied in the bid (or as amended) by one of the follow ing methods: In the space provided on the SF 1442, by separate letter, by telegram, or by signing block 15 of the SF 30. FAILURE TO ACKNOWLEDGE AMENDMENTS BY THE DATE AND TIME SPECIFIED MAY RESULT IN REDUCTION OF YOUR BID IN ACCORDANCE WITH THE

LATE BID, LATE MODIFICATION OF BID, OR LATE WITHDRAWAL OF BID. (FAR 14.304).

1. CONTRACT ID CODE PAGE OF PAGES

J 1 51

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

16C. DATE SIGNED

BY 22-May-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

22-May-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 00010 - SOLICITATION CONTRACT FORM

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Lump Sum

R2 LEVEE - WEST END

FFP

BASE BID -All work to complete construction of Segment R2 (i.e. levee, drainage structures, etc) located within Station 33+00 and Station 62+00 of the easement areas in accordance with the drawings and specifications, but not including Item No 0002 - Item No 0007 on this bid schedule.

FOB: Destination

MILSTRIP: W16ROE80946030

PURCHASE REQUEST NUMBER: W16ROE80946030

NET AMT

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 62+00 to Station 78+92.77 of the easement areas in accordance with the drawings and specifications, but not including Item No 0001 and Item No 0003 - 0007 on this bid schedule.

FOB: Destination

0003 1 Lump Sum $20,000.00 $20,000.00 OPTION PSE&G - Electric Power Line Relocation

FFP

OPTION 2 - Conduct temporary and permanent relocation of utilities in work area.

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 ($20,000.00).

FOB: Destination

NET AMT $20,000.00

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 sandbagging.

FOB: Destination

0006 1 Lump Sum $6,000.00 $6,000.00 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

NET AMT $6,000.00

0007 1 Lump Sum OPTION Commercial General/Public Liability

FFP

OPTION 6 - Commercial General/Public Liability FFP Insurance, not less than $5,000,000.00 (See Paragraph 36 of Spec Section 00800 for details.)

FOB: Destination

CCASS / CPARS

FFP

The Federal Acquisition Regulation (FAR) requires that Past Performance Information (PPI) be collected on DoD contracts. CCASS is a web-enabled application that supports the completion, distribution, and retrieval of construction contractor performance evaluations (DD Form 2626). Contractor Representatives are responsible for reviewing and commenting on evaluations submitted by Contractor Performance Assessment Reporting System (CPARS) website https://www.nwp.usace.army.mil/ct/I/home.asp. This CLIN is Not Separately Priced. (NSP) FOB: Destination

NET AMT NSP

TOTAL BASE LINE ITEM 0001 $__________________

TOTAL OPTION #1 CLIN 0002 $__________________

TOTAL OPTION #2 CLINS 0003 $__20,000.00________

TOTAL OPTION #3 CLINS 0004 $__________________

TOTAL OPTION #4 CLINS 0005 $__________________

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

TOTAL OPTION #6 CLINS 0007 $__________________

TOTAL LINE ITEM 0008 $_______NSP_______

TOTAL BASE PLUS OPTIONS 0001 - 0008 $__________________

NOTES FOR PRICE SCHEDULE:

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.

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.

6. Item No. 001 Base Bid shall be completed within 360 calendar days from receipt of Notice to Proceed.

The Optional Bid Items, if awarded, would be awarded as follows:

7. Item No. 002 Bid Option #1 R2 levee/floodwall/pump station – East End, to be awarded within 270 calendar days from NTP and shall be completed within 720 calendar days from NTP.

8. Item No. 003 Bid Option #2 Permanent relocation PSE&G - Electric Power Line, to be awarded within 300 calendar days from NTP and shall be completed within 720 calendar days from NTP.

9. Item No. 004 Bid Option #3 Grass Maintenance, to be awarded within 360 calendar days from NTP and shall be completed within 720 calendar days from NTP.

10. Item No. 005 Bid Option #4 Levee/Railroad tie off, to be awarded within 180 calendar days from NTP and shall be completed within 720 calendar days from NTP.

11. Item No. 006 Bid Option #5 Utility Payments, to be awarded within 360 calendar days from NTP and shall be completed within 720 calendar days from NTP.

12. Item No. 007 Bid Option #6 Commercial General/Public Liability, to be awarded within 90 calendar days from NTP and shall be completed within 720 calendar days from NTP.

SECTION 00700 - CONTRACT CLAUSES

The following have been modified:

52.225-9 BUY AMERICAN ACT—CONSTRUCTION MATERIALS (JAN 2005)

(a) Definitions. As used in this clause--

Component means an article, material, or supply incorporated directly into a construction material.

Construction material means an article, material, or supply brought to the construction site by the Contractor or a subcontractor for incorporation into the building or work. The term also includes an item brought to the site preassembled from articles, materials, or supplies. However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site.

Materials purchased directly by the Government are supplies, not construction material.

Cost of components means--

(1) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the construction material (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or

(2) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (1) of this definition, plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the construction material.

Domestic construction material means--

(1) An unmanufactured construction material mined or produced in the United States; or

(2) A construction material manufactured in the United States, if the cost of its components mined, produced, or manufactured in the United States exceeds 50 percent of the cost of all its components. Components of foreign origin of the same class or kind for which nonavailability determinations have been made are treated as domestic.

Foreign construction material means a construction material other than a domestic construction material.

United States means the 50 States, the District of Columbia, and outlying areas.

(b) Domestic preference. (1) This clause implements the Buy American Act (41 U.S.C. 10a-10d) by providing a preference for domestic construction material. The Contractor shall use only domestic construction material in performing this contract, except as provided in paragraphs (b)(2) and (b)(3) of this clause.

(2) This requirement does not apply to the construction material or components listed by the Government as follows:

none

(3) The Contracting Officer may add other foreign construction material to the list in paragraph (b)(2) of this clause if the Government determines that

(i) The cost of domestic construction material would be unreasonable. The cost of a particular domestic construction material subject to the requirements of the Buy American Act is unreasonable when the cost of such material exceeds the cost of foreign material by more than 6 percent;

(ii) The application of the restriction of the Buy American Act to a particular construction material would be impracticable or inconsistent with the public interest; or

(iii) The construction material is not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities of a satisfactory quality.

(c) Request for determination of inapplicability of the Buy American Act. (1)(i) Any Contractor request to use foreign construction material in accordance with paragraph (b)(3) of this clause shall include adequate information for Government evaluation of the request, including--

(A) A description of the foreign and domestic construction materials;

(B) Unit of measure;

(C) Quantity;

(D) Price;

(E) Time of delivery or availability;

(F) Location of the construction project;

(G) Name and address of the proposed supplier; and

(H) A detailed justification of the reason for use of foreign construction materials cited in accordance with paragraph (b)(3) of this clause.

(ii) A request based on unreasonable cost shall include a reasonable survey of the market and a completed price comparison table in the format in paragraph (d) of this clause.

(iii) The price of construction material shall include all delivery costs to the construction site and any applicable duty (whether or not a duty-free certificate may be issued).

(iv) Any Contractor request for a determination submitted after contract award shall explain why the Contractor could not reasonably foresee the need for such determination and could not have requested the determination before contract award. If the Contractor does not submit a satisfactory explanation, the Contracting Officer need not make a determination.

(2) If the Government determines after contract award that an exception to the Buy American Act applies and the Contracting Officer and the Contractor negotiate adequate consideration, the Contracting Officer will modify the contract to allow use of the foreign construction material. However, when the basis for the exception is the unreasonable price of a domestic construction material, adequate consideration is not less than the differential established in paragraph (b)(3)(i) of this clause.

(3) Unless the Government determines that an exception to the Buy American Act applies, use of foreign construction material is noncompliant with the Buy American Act.

(d) Data. To permit evaluation of requests under paragraph (c) of this clause based on unreasonable cost, the Contractor shall include the following information and any applicable supporting data based on the survey of suppliers:

Foreign and Domestic Construction Materials Price Comparison Construction material description Unit of measure Quantity Price (dollars) \1\ Item 1 Foreign construction material Domestic construction material Item 2 Foreign construction material Domestic construction material Include all delivery costs to the construction site and any applicable duty (whether or not a duty-free entry certificate is issued).

List name, address, telephone number, and contact for suppliers surveyed. Attach copy of response; if oral, attach summary.

Include other applicable supporting information.

(End of clause)

52.225-11 BUY AMERICAN ACT--CONSTRUCTION MATERIALS UNDER TRADE AGREEMENTS (AUG

2007)

(a) Definitions. As used in this clause--

Caribbean Basin country construction material means a construction material that--

(1) Is wholly the growth, product, or manufacture of a Caribbean Basin country; or

(2) In the case of a construction material that consists in whole or in part of materials from another country, has been substantially transformed in a Caribbean Basin country into a new and different construction material distinct from the materials from which it was transformed.

Component means an article, material, or supply incorporated directly into a construction material.

Construction material means an article, material, or supply brought to the construction site by the Contractor or subcontractor for incorporation into the building or work. The term also includes an item brought to the site preassembled from articles, materials, or supplies. However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site.

Materials purchased directly by the Government are supplies, not construction material.

Cost of components means--

(1) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the construction material (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or

(2) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (1) of this definition, plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the construction material.

Designated country means any of the following countries:

(1) A World Trade Organization Government Procurement Agreement country (Aruba, Austria, Belgium, Bulgaria, Canada, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hong Kong, Hungary, Iceland, Ireland, Israel, Italy, Japan, Korea (Republic of), Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Romania, Singapore, Slovak Republic, Slovenia, Spain, Sweden, Switzerland, or United Kingdom);

(2) Free Trade Agreement country (Australia, Bahrain, Canada, Chile, Dominican Republic, El Salvador, Guatemala, Honduras, Mexico, Morocco, Nicaragua, or Singapore);

(3) A least developed country (Afghanistan, Angola, Bangladesh, Benin, Bhutan, Burkina Faso, Burundi, Cambodia, Cape Verde, Central African Republic, Chad, Comoros, Democratic Republic of Congo, Djibouti, East Timor, Equatorial Guinea, Eritrea, Ethiopia, Gambia, Guinea, Guinea-Bissau, Haiti, Kiribati, Laos, Lesotho, Madagascar, Malawi, Maldives, Mali, Mauritania, Mozambique, Nepal, Niger, Rwanda, Samoa, Sao Tome and Principe, Senegal, Sierra Leone, Solomon Islands, Somalia, Tanzania, Togo, Tuvalu, Uganda, Vanuatu, Yemen, or Zambia); or

(4) A Caribbean Basin country (Antigua and Barbuda, Aruba, Bahamas, Barbados, Belize, British Virgin Islands, Costa Rica, Dominica, Grenada, Guyana, Haiti, Jamaica, Montserrat, Netherlands Antilles, St. Kitts and Nevis, St.

Lucia, St. Vincent and the Grenadines, or Trinidad and Tobago).

Designated country construction material means a construction material that is a WTO GPA country construction material, an FTA country construction material, a least developed country construction material, or a Caribbean Basin country construction material.

Domestic construction material means--

(1) An unmanufactured construction material mined or produced in the United States; or

(2) A construction material manufactured in the United States, if the cost of its components mined, produced, or manufactured in the United States exceeds 50 percent of the cost of all its components. Components of foreign origin of the same class or kind for which nonavailability determinations have been made are treated as domestic.

Foreign construction material means a construction material other than a domestic construction material.

Least developed country construction material means a construction material that--

(1) Is wholly the growth, product, or manufacture of a least developed country; or

(2) In the case of a construction material that consists in whole or in part of materials from another country, has been substantially transformed in a least developed country into a new and different construction material distinct from the materials from which it was transformed.

United States means the 50 States, the District of Columbia, and outlying areas.

WTO GPA country construction material means a construction material that--

(1) Is wholly the growth, product, or manufacture of a WTO GPA country; or

(2) In the case of a construction material that consists in whole or in part of materials from another country, has been substantially transformed in a WTO GPA country into a new and different construction material distinct from the materials from which it was transformed.

(b) Construction materials. (1) This clause implements the Buy American Act (41 U.S.C. 10a-10d) by providing a preference for domestic construction material. In addition, the Contracting Officer has determined that the WTO GPA and Free Trade Agreements (FTAs) apply to this acquisition. Therefore, the Buy American Act restrictions are waived for designated country construction materials.

(2) The Contractor shall use only domestic or designated country construction material in performing this contract, except as provided in paragraphs (b)(3) and (b)(4) of this clause.

(3) The requirement in paragraph (b)(2) of this clause does not apply to the construction materials or components listed by the Government as follows: none

(4) The Contracting Officer may add other foreign construction material to the list in paragraph (b)(3) of this clause if the Government determines that--

(i) The cost of domestic construction material would be unreasonable. The cost of a particular domestic construction material subject to the restrictions of the Buy American Act is unreasonable when the cost of such material exceeds the cost of foreign material by more than 6 percent;

(ii) The application of the restriction of the Buy American Act to a particular construction material would be impracticable or inconsistent with the public interest; or

(iii) The construction material is not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities of a satisfactory quality.

(c) Request for determination of inapplicability of the Buy American Act.

(1)(i) Any Contractor request to use foreign construction material in accordance with paragraph (b)(4) of this clause shall include adequate information for Government evaluation of the request, including--

(A) A description of the foreign and domestic construction materials;

(B) Unit of measure;

(C) Quantity;

(D) Price;

(E) Time of delivery or availability;

(F) Location of the construction project;

(G) Name and address of the proposed supplier; and

(H) A detailed justification of the reason for use of foreign construction materials cited in accordance with paragraph (b)(3) of this clause.

(ii) A request based on unreasonable cost shall include a reasonable survey of the market and a completed price comparison table in the format in paragraph (d) of this clause.

(iii) The price of construction material shall include all delivery costs to the construction site and any applicable duty (whether or not a duty-free certificate may be issued).

(iv) Any Contractor request for a determination submitted after contract award shall explain why the Contractor could not reasonably foresee the need for such determination and could not have requested the determination before contract award. If the Contractor does not submit a satisfactory explanation, the Contracting Officer need not make a determination.

(2) If the Government determines after contract award that an exception to the Buy American Act applies and the Contracting Officer and the Contractor negotiate adequate consideration, the Contracting Officer will modify the contract to allow use of the foreign construction material. However, when the basis for the exception is the unreasonable price of a domestic construction material, adequate consideration is not less than the differential established in paragraph (b)(4)(i) of this clause.

(3) Unless the Government determines that an exception to the Buy American Act applies, use of foreign construction material is noncompliant with the Buy American Act.

(d) Data. To permit evaluation of requests under paragraph (c) of this clause based on unreasonable cost, the Contractor shall include the following information and any applicable supporting data based on the survey of suppliers:

Foreign and Domestic Construction Materials Price Comparison Construction material description Unit of measure Quantity Price (dollars) \1\ Item 1:

Foreign construction material Domestic construction material Item 2:

Foreign construction material Domestic construction material \1\ Include all delivery costs to the construction site and any applicable duty (whether or not a duty-free entry certificate is issued).

List name, address, telephone number, and contact for suppliers surveyed. Attach copy of response; if oral, attach summary.

Include other applicable supporting information.

52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

www.arnet.gov/far http://farsite.hill.af.mil http://www./dtic./mildfars

(End of provision

252.236-7001 CONTRACT DRAWINGS AND SPECIFICATIONS (AUG 2000)

(a) The Government will provide to the Contractor, without charge, one set of contract drawings and specifications, except publications incorporated into the technical provisions by reference, in electronic or paper media as chosen by the Contracting Officer.

(b) The Contractor shall--

(1) Check all drawings furnished immediately upon receipt;

(2) Compare all drawings and verify the figures before laying out the work;

(3) Promptly notify the Contracting Officer of any discrepancies;

(4) Be responsible for any errors that might have been avoided by complying with this paragraph (b); and

(5) Reproduce and print contract drawings and specifications as needed.

(c) In general--

(1) Large-scale drawings shall govern small-scale drawings; and

(2) The Contractor shall follow figures marked on drawings in preference to scale measurements.

(d) Omissions from the drawings or specifications or the misdescription of details of work that are manifestly necessary to carry out the intent of the drawings and specifications, or that are customarily performed, shall not relieve the Contractor from performing such omitted or misdescribed details of the work. The Contractor shall perform such details as if fully and correctly set forth and described in the drawings and specifications.

(e) The work shall conform to the specifications and the contract drawings identified on the following index of drawings:

Title File Drawing No.

SEE COVER SHEET OF PLANS

SECTION 00800 - SPECIAL CONTRACT REQUIREMENTS

The following have been added by full text:

WAGE RATES

GENERAL DECISION: NJ20080003 05/23/2008 NJ3

Date: May 23, 2008 General Decision Number: NJ20080003 05/23/2008

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

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 07/01/2006

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):

Rates Fringes

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).........$ 37.08 23.17

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:

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.

* BRNJ0002-006 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 01/01/2008

Rates Fringes

Marble setter...................$ 48.73 22.80

BRNJ0007-004 01/01/2008

Rates Fringes

Marble finisher................$ 40.20 22.63

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....................$ 37.08 19.23

Tile finisher:

Work grouting all epoxy: $10.00 additional per day.

CARP0006-008 06/01/2006

Rates Fringes

Carpenter, drywall hanger......$ 35.72 46%

Work of erection and dismantling of elevators and towers, such as concrete conveyors and temporary material elevators, scaffolding or other structures to be used as scaffolding inside or outside of buildings: the first sixty feet at the regular rate, 10% per hour additional for each additional fifty feet thereafter.

CARP0029-003 05/01/2006

Rates Fringes

Soft floor layer...............$ 33.76 42.25% + .04

CARP0715-001 05/01/2006

Rates Fringes

Millwright.....................$ 36.55 46% + .04

Work of erection and dismantling of elevators and towers, such as concrete conveyors and temporary material elevators, scaffolding or other structures to be used as scaffolding inside or outside of buildings: the first sixty feet at the regular rate, 10% per hour additional for each additional fifty feet thereafter.

CARP1456-001 11/01/2007

Rates Fringes

Divers:

Diver tender................$ 33.80 32.19 Diver.......................$ 43.76 32.19

Work on land pile driving, floating marine construction and the construction of wharves, while handling and working with creosote and creosote-impregnated products: $.25 per hour additional.

Work on hazardous/toxic/contaminated waste removal, on a hazardous/toxic/contaminated waste site, where the worker comes into contact with hazardous/toxic/contaminated waste material, and when A, B or C personal protective equipment is required and used for respiratory, skin or eye protection: 20% per hour additional.

CARP1456-002 11/01/2007

Rates Fringes

Dockbuilder and piledriver operator Concrete form work..........$ 36.02 26.25 All other work..............$ 36.02 32.19

Work on land pile driving, floating marine construction and the construction of wharves, while handling and working with creosote and creosote-impregnated products: $.25 per hour additional.

Work on hazardous/toxic/contaminated waste removal, on a hazardous/toxic/contaminated waste site, where the worker comes into contact with hazardous/toxic/contaminated waste material, and when A, B or C personal protective equipment is required and used for respiratory, skin or eye protection: 20% per hour additional.

ELEC0102-001 06/01/2006

HUNTERDON COUNTY (Townships of Alexandria and Bethlehem;

Boroughs of Bloomsbury and Califon; Town of Clinton; Township of Clinton; Township of Delaware (west of a line following County Route 523 from the Delaware River north to the Raritan Township line); Township of East Amwell (east of State Hwy.

31); Township of Franklin; Boroughs of Frenchtown, Glen Gardner, Hampton and High Bridge; Townships of Holland and Kingwood; Borough of Lebanon; Township of Lebanon; Borough of Milford; Township of Raritan (east of State Hwy. 31 and north of County Route 523); Townships of Readington, Tewksbury and Union); MORRIS AND PASSAIC COUNTIES; SOMERSET COUNTY (does not include the Township of Franklin east of a line following Cedar Grove Lane from the Raritan River, in a southwesterly direction, to the Millstone Branch of the Pennsylvania Railroad; then, west along the railroad to the Delaware and Raritan Canal; then, south along the canal to the Middlesex County line; does not include the Township of Montgomery west and south of a line following U.S. Hwy. 206 (formerly State Hwy. 31) north from the Mercer County line to Harlingen Rd.;

then, west along Harlingen Rd. and the Dutchtown-Zion road to the Hillsborough township line); SUSSEX, UNION AND WARREN

COUNTIES:

Rates Fringes

Line construction:

High-tension pipe-type cable installation:

Cable splicer..............$ 48.576 51% Ground person..............$ 26.496 51% Line technician;

equipment operator; x-ray technician; equipment repair person; equipment service person; hole-digging equipment operator; truck with winch or pole and steel hand; truck without winch..$ 44.16 51% Line technician-welder.....$ 46.368 51% All other work:

Cable splicer..............$ 48.576 51% Ground person..............$ 26.496 51% Line technician;

equipment operator.........$ 44.16 51% Line technician-welder.....$ 46.368 51%

Work with, or the removal of, asbestos materials: 114% times the journeyman rate.

ELEC0102-002 06/01/2006

HUNTERDON COUNTY (Townships of Alexandria and Bethlehem;

Boroughs of Bloomsbury and Califon; Town of Clinton; Township of Clinton; Township of Delaware (west of a line following County Route 523 from the Delaware River north to the Raritan Township line); Township of East Amwell (east of State Hwy.

31); Township of Franklin; Boroughs of Frenchtown, Glen Gardner, Hampton and High Bridge; Townships of Holland and Kingwood; Borough of Lebanon; Township of Lebanon; Borough of Milford; Township of Raritan (east of State Hwy. 31 and north of County Route 523); Townships of Readington, Tewksbury and Union); MORRIS AND PASSAIC COUNTIES; SOMERSET COUNTY (does not include the Township of Franklin east of a line following Cedar Grove Lane from the Raritan River, in a southwesterly direction, to the Millstone Branch of the Pennsylvania Railroad; then, west along the railroad to the Delaware and Raritan Canal; then, south along the canal to the Middlesex County line; does not include the Township of Montgomery west and south of a line following U.S. Hwy. 206 (formerly State Hwy. 31) north from the Mercer County line to Harlingen Rd.;

then, west along Harlingen Rd. and the Dutchtown-Zion road to the Hillsborough township line); SUSSEX, UNION AND WARREN

COUNTIES:

Rates Fringes

Electricians:

All other work:

Cable splicer..............$ 48.576 51% Electrician................$ 44.16 51%

Work forty ft. or more above the ground or protective rigging (does not apply to pole work, or to use of a manlift or high reach-type lift): 10% per hour additional.

Work with, or the removal of, asbestos materials: 114% times the journeyman rate.

ELEC0102-020 06/01/2006

HUNTERDON COUNTY (Townships of Alexandria and Bethlehem;

Boroughs of Bloomsbury and Califon; Town of Clinton; Township of Clinton; Township of Delaware (west of a line following County Route 523 from the Delaware River north to the Raritan Township line); Township of East Amwell (east of State Hwy.

31); Township of Franklin; Boroughs of Frenchtown, Glen Gardner, Hampton and High Bridge); Townships of Holland and Kingwood; Borough of Lebanon; Township of Lebanon; Borough of Milford; Township of Raritan (east of State Hwy. 31 and north of County Route 523); Townships of Readington, Tewksbury and Union); MORRIS AND PASSAIC COUNTIES; SOMERSET COUNTY (does not include the Township of Franklin east of a line following Cedar Grove Lane from the Raritan River, in a southwesterly direction, to the Millstone Branch of the Pennsylvania Railroad; then, west along the railroad to the Delaware and Raritan Canal; then, south along the canal to the Middlesex County line; does not include the Township of Montgomery west and south of a line following U.S. Hwy. 206 (formerly State Hwy. 31) north from the Mercer County line to Harlingen Rd.;

then, west along Harlingen Rd. and the Dutchtown-Zion road to the Hillsborough township line); SUSSEX, UNION AND WARREN

COUNTIES:

Rates Fringes

Electricians:

Work on gas stations; free-standing fast-food restaurants and convenience stores;

commercial work involving a free-standing building not exceeding 13,000 sq.

ft..........................$ 25.44 40%

ELEC0164-002 06/01/2006

BERGEN, ESSEX AND HUDSON COUNTIES:

Rates Fringes

Electricians:

All other work:

Cable splicer..............$ 50.54 52.5% Electrician on radio tower work.................$ 54.12 52.5% Electrician................$ 44.73 52.5%

Work on line voltage of 440 or 480 volts: 10% per hour additional.

Work from trusses, scaffolds, frames, ladders and poles, 40

ft. or more above the ground or floor (does not include work from a manlift): 20% per hour additional.

Work on radio towers, transmission towers and smokestacks:

21% per hour additional.

ELEC0164-009 06/01/2006

BERGEN, ESSEX AND HUDSON COUNTIES:

Rates Fringes

Electricians:

Work on gas stations; free-standing fast-food restaurants and convenience stores;

commercial work involving a free-standing building not exceeding 13,000 sq.

ft..........................$ 28.49 22% + 1.00

ELEC0164-010 06/01/2006

BERGEN, ESSEX AND HUDSON COUNTIES:

Rates Fringes

Line construction:

High-tension pipe-type cable installation;

continuous pipe-type underground oil-filled transmission conduit installation:

Cable splicer; crane operator...................$ 50.54 53% Ground person..............$ 29.97 53% Line technician; line technician-welder; x-ray technician; equipment repair person; equipment service person; hole-digging equipment operator; truck with winch or pole and steel hand; truck without winch..$ 44.73 53% All other work:

Cable splicer..............$ 50.54 53% Ground person (includes empty conduit installations on roadways).$ 29.97 53% Line technician; line technician-welder; x-ray technician; equipment repairperson; equipment service person.............$ 44.73 53%

Work on live wires of 440 or 480 volts: 10% per hour additional.

Work on radio towers, transmission towers and smokestacks:

21% per hour additional.

ELEC0269-010 10/01/2006

HUNTERDON COUNTY (Township of Delaware (east of a line following County Route 523 from the Delaware River north to the Raritan Township line); Township of East Amwell (west of State Hwy. 31); Borough of Flemington; City of Lambertville; Township of Raritan (west of State Hwy.