PUBLIC WORKS DEPARTMENT Engineering Division 303 West Commonwealth Avenue, Fullerton, California
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1 PUBLIC WORKS DEPARTMENT Engineering Division 303 West Commonwealth Avenue, Fullerton, California Telephone (714) Fax (714) Website November 7, 2013 CONSTRUCTION OF RAYMOND AVENUE GRADE SEPARATION PROJECT ADDENDUM NO. 3 TO: ALL PLAN AND SPECIFICATION HOLDERS ADDENDUM NO. 3, AS DESCRIBED BELOW, IS FOR USE OF CONTRACTORS AND SUBCONTRACTORS SUBMITTING BIDS ON THIS PROJECT. ALL BIDDERS SHALL INDICATE ON THE BID PROPOSAL FORM THAT THEY HAVE RECEIVED THIS ADDENDUM NO. 3. ADDITIONAL INFORMATION FOR BIDDERS: (1) MWD Orange County Feeder Pipeline relocation does not include installation of a new cathodic protection system. (2) Unlike the State College Boulevard Grade Separation project, Raymond Avenue Grade Separation project is not federally funded; therefore no specific DBE goal was established for this project. CHANGES TO INVITATION FOR BIDS: (1) Exhibit E-2, CALIFORNIA DEPARTMENT OF FISH AND WILDLIFE STREAMBED ALTERATION AGREEMENT, remove and replace CDF&W Page 1, insert Permit Letter Pages 1A and 1B, with the pages included with this Addendum. (2) Exhibit G-2, SOUTHERN CALIFORNIA EDISON, Utility Drawings have been revised. Remove and replace Exhibit G-2 in its entirety with the cover page and drawings included with this Addendum. CHANGES TO THE SPECIFICATIONS: BID QUESTIONS: In addition to the revised documents above, the current list of responses to bidder s questions submitted before 5 p.m., October 31, 2013, is included with this Addendum. Refer to Bidder Question/Response Log. END OF ADDENDUM NO. 3
2 CDF&W PERMIT City of Fullerton - Page 1 of 22
3 Raymond Avenue Grade Separation Project ADDENDUM NO. 3 P City of Fullerton - Page 1A of 22
4 Raymond Avenue Grade Separation Project ADDENDUM NO. 3 P City of Fullerton - Page 1B of 22
5 Written Question (Q) Received and City Answers (A) Q1: Exhibit A indicates that the listed entities must be included as additional insured s on the General Liability, Employer s Liability, Railroad Protective Liability, and Automobile Liability policies. Please note that Employer s Liability and Railroad Protective Liability policies do not allow for additional insured s due to the nature of the insurance being provided. Please delete the reference to Employer s Liability and Railroad Protective Liability from this requirement. A1: The Employer s Liability and Railroad Protective Liability policies are not required to include the other insured entities listed in section SC of the Special Conditions as additional insured s. Q2: The builders risk requirement indicates that it is to be written on an all risks basis which usually implies that it includes coverage for earthquake. Please confirm that damage caused by earthquake is to be included in the builders risk coverage, OR confirm that the Contractor is relieved of responsibility for the cost of repairing damage to the work arising out of earthquakes. A2: The Contractor must include Earthquake coverage, whether as part of the Builder s Risk policy or a separate Difference in Conditions policy. Q3: Section states that Stainless Steel supports are required if steam curing is used for concrete lagging. Will it be acceptable to use Industry Approved Standard Plastic Spacers versus Stainless Steel? A3: Plastic spacers will not be considered acceptable for concrete lagging that is steam cured. Q4: Section states that "Precast lagging members... are to be placed level". However the elevations show the panels sloped at top and/or bottom. Is it acceptable to make panels rectangular with 90 degree corners without sloping top or bottom? A4: Precast lagging panels may be constructed with 90 degree corners. Q&A Page 1
6 Q5: For work along the railroad and roadway utility work, night work is specified. Special Condition 6.4 provides day time working hours and restrictions only. Please provide the night time working hours and restrictions. A5: According to SC-6.4, a Special Work Permit will be required for work performed between 5 p.m. and 7 a.m. Monday through Saturday and all day Sunday. The Special Work permit requirements include, but are not limited to, sound and vibration control requirements outlined in Section SC-12. Q6: Special condition 5.5 gives the Contractor responsibility for actual costs or damages incurred by the city. Assigning actual cost or damages to the Contractor is unreasonable, the Contractor s unable to quantify, and significantly impacts the bid. Please remove or liquidate these costs and damages. A6: The potential cost impacts cannot be liquidated, and the requirement will not be removed from Special Conditions. Section SC-5.5 describes the nature of the costs that may be incurred by the City as follows: If the CONTRACTOR s actions result in BNSF restricting Form-B, Track and Time, or other work windows along the corridor such that it adversely affects the work of another grade separation contractor, then the CONTRACTOR shall be responsible for any costs that the CITY incurs associated with such action by the CONTRACTOR. A copy of the additional costs submitted by another contractor and approved by the CITY for payment, BNSF invoices and backup information supporting additional charges, and other supporting information to substantiate the actual costs incurred by the CITY will be provided to the CONTRACTOR. Q7: Please confirm the excusable delay identified within General Condition 32 is defined to include any delay not within the Contractor s control. A7: Not confirmed. That is an incorrect interpretation of GC-32. Excusable delay is not defined as any delay not within the Contractor s control. Q8: Special condition 4.2 requires the Contractor to perform certain Work prior to Notice to Proceed with Construction, (NTPC) including proof of the 401, 404, and 1602 Permits. The Contractor is required to obtain proof of these Permits (SC-7.2), but the Contractor does not have reasonable control over the Regional Water Quality Control Board, US Army Corp of Engineers, OR California Department of Fish and Wildlife that issues them. Please consider removing the requirement to obtain the permit prior to issuance of NTPC. A8: All agencies referenced in this question are at the final stages of issuing permits to the City. The City will provide to the Contractor each signed permit, or authorization letter from the approving authority, prior to the need to start work in areas affected by the permit. If any of those permits are not obtained by the City prior to the Contractor meeting all other pre-ntpc requirements, then the City would consider waiving that permit requirement as a condition precedent to issuing the NTPC. Q&A Page 2
7 Q9: Special condition 4 indicates that BNSF will be commencing with the Shoofly rail work on or about June 15, Special condition specifies that any delay by BNSF is a Force Majeure delay as defined by General Condition 32. A Force Majeure delay will only provide schedule relief to the Contractor and no financial relief for added expense from a BNSF delay. The Contractor has no control over BNSF or their labor force and if BNSF delays the project by 1 year, providing only schedule and no financial relief is unreasonable. Please remove the section of Special Condition which identifies a BNSF delay as Force Majeure delay.? A9: Only certain types of BNSF delay are defined as a force majeure delay in section SC See the paragraph after the inset paragraph 4 from Article IV of the BNSF C&M Agreement (page 9 of the Special Conditions). BNSF force majeure delay is defined as delay by BNSF in completion of BNSF s work, as described in the BNSF C&M Agreement paragraph above, and that paragraph describes such BNSF delay caused by inclement weather or unforeseen railroad emergencies, and delay caused by BNSF having to reallocate the labor forces assigned to complete the railroad work in the event of an emergency to provide for the immediate restoration of railroad operations of either BNSF or its related railroads, or to protect persons or property on or near any BNSF owned property. Q10: Special condition 6 and appendix G identifies the 3rd party utility relocations that are required to perform the Work. Typically utility companies such as Southern California Edison require the Contractor to excavate trenches, install ductbanks, and demolish the existing system and the 3rd party only pulls wire, terminates, and energizes the system. Please confirm that all 3rd party utility companies including Southern California Edison (SCE) will be performing a Work for the utility relocation and the Contractor is only responsible for schedule coordination. A10: Third-party utilities scope of work is clearly identified in SC-6.6.3, and their drawings are included in Exhibit G. The third party utilities identified in the Special Conditions will perform new utility improvement work with their own forces, or by their contractors, as described therein. Removal of certain existing third-party utilities abandoned in place are required to be performed by the Contractor, as indicated and when required to install the Grade Separation Project improvements. Q&A Page 3
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