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Inquiry #1: The Zone Guard Barrier System shown to be installed on Sheets TH-2 and TH-3 doen't adequately protect the ramp widening work shown on the Layout Plans, sheet L-2. The widening of the structural section and fill placement starts at Station 159+75 on the WA-2 Line yet the Zoneguard System isn't planned to start until Station 163+50 on the WA-2 Line. This leaves 375 LF of unprotected work. This poses a great safety issue to the workers. Please modify the start of the Zoneguard Barrier system to show starting at station 159+75 and the total length being 1,175 LF as opposed to the 800 LF shown in the plans and specifications.

If this is not changed, the contractor will require longer ramp closure windows in order to complete the work shown for the widening. Possibly weekend ramp closures???

Inquiry submitted 10/19/2017

Response #1:Submitted for consideration.
Response posted 10/19/2017


Response #2:Please refer to section 12-4.02C(3)(j), Chart No. J4 of the Special Provisions for weekend closure hours, and plan sheet 63 for Traffic Handling Plan details.
Response posted 10/24/2017




Inquiry #2: The measurement and method of payment for Bid Item 61 - High Friction Surface Treatment is not clear. The legend on Plan Sheet L-1 indicates that the HFST is to have a "Double Application". The quantity sheets (Page Q-3) indicate 153,950.89 SY and the remarks say "Double Application." The quantities stated appear to be double the actual surface area shown on the layout plans for the project. Please clarify/confirm that the contractor is to be paid by the Square Yard for EACH layer of HFST installed and not to be paid by the Square Yard one time for a double application of HFST.
Inquiry submitted 10/19/2017

Response #1:Submitted for consideration.
Response posted 10/19/2017


Response #2:Bid item 61 is paid by the square yard for each layer of HFST placed.
Response posted 10/24/2017




Inquiry #3: Reference Plan Sheet 25 of 178 (C-12), Concrete Barrier (Type 736 SV Mod). Section A-A shows a pile cap (without dimensions); however, the Elevation View does not appear to require a pile cap. Please confirm:
1) Is a pile cap required?
2) If yes, what are the dimensions of the pile cap?
3) Under what bid item is the pile cap measured and paid?

Inquiry submitted 10/30/2017

Response #1:Submitted for consideration.
Response posted 10/30/2017


Response #2:Please refer to standard plan B15-15 for when the pile cap is required and additional dimensions. The pile cap is included in item #122.
Response posted 10/31/2017




Inquiry #4: Reference Contract Special Provisions Page 68, Sections 83-3.01A and 83-3.02B(1). Please confirm this is only the 80 LF of 736 SV barrier at the NB 168 on ramp from Washington Street.
Inquiry submitted 10/30/2017

Response #1:Submitted for consideration.
Response posted 10/30/2017


Response #2:Please refer to project plan sheet #9 for the types of concrete barrier at the Washington Street entrance ramp to SR-163 discussed in the Special Provisions Sections 83-3.01A and 83-3.02B(1).


Response posted 10/31/2017




Inquiry #5: The advertised Special Provisions provides for three (3) methods of application, two of which are non-patent infringing, and are Hand and Mechanical Placement.

Project 11-415304 is a Federal-Aid Project ACNH-P018(058) E. Code of Federal Regulations Title 23 – Highways § 635.411 provides the following:

(a) Federal Funds shall not participate, directly or indirectly, in payment for any premium or royalty on any patented or proprietary material, specification, or process specifically set forth in the plans and specifications for a project, unless:

(1) Such patented or proprietary item is purchased or obtained through competitive bidding with equally suitable unpatented items; or (such as hand and mechanical)

(2) The State transportation department certifies either that such patented or proprietary item is essential for synchronization with existing highway facilities, or that no equally suitable alternate exists; or (numerous projects utilizing equally suitable hand and mechanical means have been successfully completed throughout the State and for Caltrans by several contractors)

(e) Federal Funds shall not participate, directly or indirectly, in payment for any premium or royalty on any patented or proprietary material, specification, or process specifically set forth in the Request for Proposals document unless the conditions of paragraph (a) of this section are applicable.

The Special Provisions Section 37-7 advertised for the Project, comply with Title 23 – Section § 635.411 by allowing alternate non-patent infringing methods of HFST placement either by hand, or a mechanical process. This specification was written because of the Department being made aware of at least one automated continuous application method and equipment that is allegedly covered by United States Patents 9,109,332 and 9,115,473.

Addendum No. 1 changes the wording to a automated continuous application method and equipment to requires a truck mounted machine, which is still a process covered by United States Patents 9, 109,332 and 9, 115, 473 and is titled SYSTEMS AND METHODS FOR AUTOMATING THE APPLICATION OF FRICTION-MODIFYING COATINGS. The Departments’ name change of the application method doesn’t relieve it of its liability for prescribing a patent infringing method of application on a Federal-Aid Project. Paragraph 45 of the patent provides for a system and method for applying friction-modifying coatings to a surface of a substrate such as a roadway, using automated equipment mounted on a mobile platform, such as a truck.

Project 11-415304 is a Federal-Aid Project and for the reasons provided by Title 23 above, if Federal funding is to be used on the Project, then the originally published Special Provisions Section 37-7 allowing for three (3) methods of placement should remain in effect.
Question: How do we proceed with bidding the Project to avoid patent infringing methods of applications that are prescribed in Addendum No. 1?

Inquiry submitted 11/01/2017

Response #1:Submitted for consideration.
Response posted 11/01/2017


Response #2:The Department has determined that mechanical application is essential for ideal performance of HFST, however, we believe several vendors have machinery that can perform this operation. It is up to the contractor to ensure that they are bidding in compliance with all applicable patents.
Response posted 11/02/2017




Inquiry #6: Both RSP A77L1 (Wood Post) and RSP A77L2 (Steel Post) are included as part of the contract documents, please clarify what type of posts we need to use for Item 102 - Midwest Guardrail System. Thanks
Inquiry submitted 11/01/2017

Response #1:Submitted for consideration.
Response posted 11/01/2017


Response #2:Please refer to Standard Specification 83-2.02C(1)(a) for acceptable post materials for item #102, Midwest Guardrail System


Response posted 11/02/2017




Inquiry #7: May the conduit shown on Plan Sheets E-1 to E-6 be installed by the Trench In Pavement method, in the shoulder areas?

Inquiry submitted 11/02/2017

Response #1:Submitted for consideration.
Response posted 11/02/2017


Response #2:Install conduit as shown per current contract documents. Attention is directed to section 87-1.03B(3).
Response posted 11/06/2017




Inquiry #8: Please confirm item 25 is the method of payment for any and all excavating, handling and disposal of Aerially Deposited Lead on the project.
Inquiry submitted 11/02/2017

Response #1:The bid item #25 (#190105 "Roadway Excavation, type Z-2, Aerially Deposited Lead) is the method of payment for excavating, handling and disposal of 1,160 cubic yards of Z-2 material to a Class 1 landfill.

Response posted 11/03/2017




Inquiry #9: On page 77 of the plans in the construction area sign section under No. of Post & Size: SSBM is listed for post what does that stand for?
Inquiry submitted 11/03/2017

Response #1:Please refer to Standard Plans Plan No A3C.
Response posted 11/03/2017




Inquiry #10: Are the MEPA Areas to become part of the Plant Establishment areas upon the Start of Plant Establishment or do they then revert back to the state?
Inquiry submitted 11/06/2017

Response #1:Submitted for consideration.
Response posted 11/06/2017


Response #2:Please refer to section 20-10.03C(4) for the duration of Maintain Existing Planted Areas.
Response posted 11/06/2017


The information provided in the responses to bidder inquiries is not a waiver of Section 2-1.07, "JOB SITE AND DOCUMENT EXAMINATION" of the Standard Specifications or any other provision of the contract, nor to excuse the contractor from full compliance with the contract. Bidders are cautioned that subsequent responses or contract addenda may change a previous response.


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