Viewing inquiries for 08-1C1004

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Inquiry #1: Can you clarify the limits of the HFST width?

Is HFST applied to the lanes only? Or is it also applied on the shoulders and turnout areas within the limits shown?

Inquiry submitted 08/09/2017

Response #1:submitted for consideration
Response posted 08/10/2017


Response #2:The limits of the HFST includes only the lanes and shoulders. The turnout areas are not included
Response posted 08/10/2017




Inquiry #2: Where can I find a copy of the sign-in sheet from the mandatory meeting that was held on 8/17?
Inquiry submitted 08/21/2017

Response #1:submitted for consideration
Response posted 08/21/2017


Response #2:Please follow the link below for the documents.

http://sv08data.dot.ca.gov/memos/files/constbid/082217.pdf
Response posted 08/22/2017




Inquiry #3: The Typical Cross Sections indicate that the roadway is to be widened beyond the existing E.P. Is this the State's intent?
Inquiry submitted 08/22/2017

Response #1:submitted for consideration
Response posted 08/22/2017


Response #2:Please refer to Plan Sheet #2, X-1, Sheet #104, RSP A87B, and Notes. In areas where dike is placed, the pavement area under the dike is extended per the detail for Hot Mix Asphalt Dikes.
Response posted 08/22/2017




Inquiry #4: The Typical Cross Sections indicate that the roadway is to be widened beyond the existing E.P. Is this the State's intent?
Inquiry submitted 08/22/2017

Response #1:submitted for consideration
Response posted 08/22/2017


Response #2:Please refer to Plan Sheet #2, X-1, Sheet #104, RSP A87B, and Notes. In areas where dike is placed, the pavement area under the dike is extended per the detail for Hot Mix Asphalt Dikes.
Response posted 08/22/2017




Inquiry #5: The Typical Cross Sections indicate that the roadway is to be widened beyond the existing E.P. Is this the State's intent?
Inquiry submitted 08/22/2017

Response #1:submitted for consideration
Response posted 08/22/2017


Response #2:Please refer to Plan Sheet #2, X-1, Sheet #104, RSP A87B, and Notes. In areas where dike is placed, the pavement area under the dike is extended per the detail for Hot Mix Asphalt Dikes.
Response posted 08/22/2017




Inquiry #6: The Typical Cross Sections indicate that the roadway is to be widened beyond the existing E.P. Is this the State's intent?
Inquiry submitted 08/22/2017

Response #1:submitted for consideration
Response posted 08/22/2017


Response #2:Please refer to Plan Sheet #2, X-1, Sheet #104, RSP A87B, and Notes. In areas where dike is placed, the pavement area under the dike is extended per the detail for Hot Mix Asphalt Dikes.
Response posted 08/22/2017




Inquiry #7: The Typical Cross Sections indicate that the roadway is to be widened beyond the existing E.P. Is this the State's intent?
Inquiry submitted 08/22/2017

Response #1:submitted for consideration
Response posted 08/22/2017


Response #2:Please refer to Plan Sheet #2, X-1, Sheet #104, RSP A87B, and Notes. In areas where dike is placed, the pavement area under the dike is extended per the detail for Hot Mix Asphalt Dikes.
Response posted 08/22/2017




Inquiry #8: As per the response to Inquiry #3, In the pavement areas that are to be extended this will require roadway excavation. Bid Item #19 Roadway Excavation accounts only for the Vegetation Control Areas only as per Sheet 87 Q1. How will the additional roadway excavation be paid for?
Inquiry submitted 08/23/2017

Response #1:The work in question is paid under the items for "Place Hot Mix Asphalt Dike". Please see Standard Specifications 2015, Section 39-2.01C(9), Miscellaneous Areas and Dikes.
Response posted 08/28/2017




Inquiry #9: Pursuant to the response of Inquiry #3, The pavement areas that are to be extended will require roadway excavation. Bid Item #19 Roadway Excavation accounts for the Vegetation Control areas only as per Sheet 87 Q1. How will the additional roadway excavation be paid for?
Inquiry submitted 08/25/2017

Response #1:The work in question is paid under the items for "Place Hot Mix Asphalt Dike". Please see Standard Specifications 2015, Section 39-2.01C(9), Miscellaneous Areas and Dikes.
Response posted 08/28/2017




Inquiry #10: HFST application, if Caltrans is aware of a patent for an automated system, why was there an addendum limiting potential contractors to participate. The original specifications clearly states or allows hand placement, and past projects have been proven that it is a pliable and successful method of applying HFST.
What was the reason for changing the special provisions and standard specifications to accommodate or limit the bidding process to a few contractors.

Inquiry submitted 08/30/2017

Response #1:submitted for consideration
Response posted 08/31/2017


Response #2:Please see Special Provisions 37-7.01, third paragraph, "HFST may be applied by either hand, mechanical or automated application process."
Response posted 09/06/2017


Response #3:Please see Special Provisions 37-7.01, third paragraph, "HFST may be applied by either hand, mechanical or automated application process."
Response posted 09/06/2017




Inquiry #11: Does Item 24 Hot Mix Asphalt (Type A) include payment for Place HMA for the Dugouts and Overside Drains?
Inquiry submitted 08/31/2017

Response #1:submitted for considerations
Response posted 08/31/2017


Response #2:There is no separate quantity for "Place Hot Mix Asphalt" for digouts. Placing the digouts pavement is included in the items "Hot Mix Asphalt (Type A)" Item #24 . Placing HMA for overside drains is included in the Item #33 "Place Hot Mix Asphalt (Miscellaneous Area)."
Response posted 09/06/2017




Inquiry #12: Does Item 35 Remove Asphalt Concrete Pavement include payment for removal of Overside Drains?
Inquiry submitted 08/31/2017

Response #1:submitted for consideration
Response posted 08/31/2017


Response #2:The payment and removal of overside drains is included in Item #36 "Remove Asphalt Concrete Dike".
Response posted 09/06/2017




Inquiry #13: 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 08-1C1004 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. 2 changes the wording from 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 08-1C1004 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. 2?

Inquiry submitted 08/31/2017

Response #1:Please see Special Provisions 37-7.01, third paragraph, "HFST may be applied by either hand, mechanical or automated application process."
Response posted 09/06/2017




Inquiry #14: Does Bid Item 24 Hot Mix Asphalt (Type A) include the HMA for Bid Item 26 Hot Mix Asphalt (Bridge)?
Inquiry submitted 09/05/2017

Response #1:submitted for consideration
Response posted 09/06/2017


Response #2:Item 24 Hot Mix Asphalt (Type A) does not include the quantity for Bid Item 26 Hot Mix Asphalt (Bridge). Please see Standard Specifications 2015, Section 39-2.06.
Response posted 09/06/2017




Inquiry #15: Other than Type A, C, D, E, F Dikes, Overside Drains and "Per Pavement Structure Quantities" what does the 6,131 Ton Include?
Inquiry submitted 09/05/2017

Response #1:submitted for consideration
Response posted 09/06/2017


Response #2: Please see Plan Sheet Q-1. Quantity includes Dike A,C,D, E, F, Overside Drains, and Place Hot Mix Asphalt (Miscellaneous Area), only.
Response posted 09/06/2017




Inquiry #16: Please clarify the dimensions of the 8' steel post. Sheet C-40 shows a W6x15 post, and A77N3 (Sheet 97/109), note 1, calls out W6x8.5/9 for the 8' post.
Inquiry submitted 09/05/2017

Response #1:submitted for consideration
Response posted 09/06/2017


Response #2:Please see Revised Standard Plan A77N2, using W6x8.5 or W6x9 steel post, and Revised Standard Plan A77N3.
Response posted 09/07/2017






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.