QnA 9.15.22.pdf

Questions and Answers during Advertisement for

ND FTNP THRO 11(10) South Unit Scenic Loop Slide Repair

September 1, 2022

Questions Answers

1 Would the government allow for a different Federal wage schedule from a different state it the total fringe and wage was the same or more?

No. The successful contractor must use the wage determination included with the solicitation, to include any amendments to it. However, this does not preclude the successful contractor from paying more than the minimum rates within the wage determination.

2 Section 305.01 states that the top 4” of FDR material gets removed to accommodate the 4” of new asphalt. Does the government have an area that we can waste the excess material that does not get used for roadway aggregate or is the contractor responsible to remove the material off site?

Excess FDR material can be used as backfill per Section 302.04.

3 SCR Section 152.05(f) can the government explain the reasoning behind not allowing the AMG method? It seems that allowing for this would be a savings to the department.

Concur – Amendment A002 will address this.

4 Is an asphalt plant allowed in the Mix Pit area shown on the site map?

No

September 15, 2022

5 Section 401 lists the requirements for a Material Transfer Vehicle

(MTV), however it has been indicated in the past if there is no bid item for the MTV then it is not required. Can the government please clarify if the MTV is required or not for this project?

An MTV is required for this project for all 40101-5600 mix. The MTV is subsidiary to this pay item under 109.05 (b) Indirect payment.

6 It has been our past experience in the Theodore Roosevelt

National Park that Topsoil is almost non-existent. For the

Aggregate topsoil course item, is it the intent of the government to use onsite topsoil to mix or to bring it in from an outside

Schedule A Item 20466-0000 Conserve and stockpile topsoil and Section

204 describes how to conserve topsoil. The aggregate material to mix in is per Section 703.13.

source? Both of these options could be very expensive. Would the government consider using roadway aggregate or excess FDR material for the shouldering instead?

7 There is 4 different classes of rip rap on the job. Rip rap in the area is extremely limited and will have to be trucked in from several hundred miles away. It would be to the government’s advantage to limit the rip rap to one size or to consider an alternative method of permanent erosion especially with the limited trucking available around the country.

Non-concur

8 SCR 107.10(e)(2) Requires Tribal Monitoring and states that “the monitor will be identified through NPS consultation with tribes that are traditionally associated with the park….”. Can this be done before bid time so the contractor can contact an approved monitor for pricing? Without knowing who is approved it is very difficult to price. Would the NPS consider providing this service rather than being contractor furnished?

For Tribal monitor information contact Blake McCann at blake_mccann@nps.gov or 701-623-4730 ext. 1433. The Tribal monitor is to be furnished by the contractor.

9 The detail for Curb and Gutter Type 1 (Special) on sheet special

609A calls out #3 welded wire fabric. This is not a standard

Welded Wire designation. Could we please get clarification on what type of material that is? We would suggest using rebar instead of wire fabric for these areas.

Amendment A002 will clarify and update the plan sheet.

10 Will shop drawings for rebar be required for the headwalls?

No shop drawings required.

11 Special Sheet 615-A calls out epoxy coated welded wire fabric. It does not appear that any other rebar, or wire fabric in any of the other items on the job is epoxy coated including the minor concrete adjacent to it. This doesn’t seem to make a lot of sense. Epoxy coated wire fabric is very difficult to find and very expensive. Would the government consider removing the requirement for epoxy coated rebar?

Epoxy coated is required. Per standard sheet 501-2 note 1, “use epoxy coated material for all … other steel used in the construction of concrete pavement”

12 Standard drawing 501-2 calls out epoxy coated dowels/tiebars for joints. If baskets are used to support the dowels/tiebars does the

Epoxy coated is required. Per standard sheet 501-2 note 1, “use epoxy coated material for all … other steel used in the construction of concrete pavement” mailto:blake_mccann@nps.gov wire on the basket need to be epoxy coated also? Most DOT’s do not require this but we have run into it on other Federal projects.

13 The asphalt warranty in section 404 seems very unreasonable. The government is asking the contractor to warranty the government’s design. This project is being built on extremely unstable ground that will most likely move within the warranty period. The warranty period itself is based on final acceptance which could mean the asphalt will be evaluated 2 years after placement, experience a winter season, and very high traffic volumes for more than one tourist season. Rutting and cracking outside of the thresholds in table 404-1 could be almost certain at this point. There is no way for the contractor to quantify this risk. There could be many reasons for rutting, cracking & potholes outside of the contractor’s control, and the evaluation is based on the CO’s opinion. The opinions from different CO’s could vary widely. How does the government expect the contractor to put a reasonable price together when the evaluation criteria for these tolerances are at the CO’s discretion?

The warranty clause does not cover the Government design, only a design furnished by the contractor.

The warranty period begins from the date of final acceptance of the work

OR when the Government takes possession of any part of the work before final acceptance.

The warranty only covers any failure to conform to contract requirements, and any defects in equipment, material, design furnished or workmanship performed by the contractor. The warranty would not cover any failures due to the ground shifting or rutting and cracking due to high traffic volumes unless it is determined that these conditions were a result of the contractor’s failure to conform to contract requirements or were a result of a defect based on the equipment, material, design furnished or workmanship of the contractor.

Section 404 needs to be read in conjunction with FAR clause 52.246-21.

The Government cannot dictate how each contractor will bid this risk.

14 The contract documents state that the government has 90 days to award the project and then an additional 120 days to exercise any option. This causes several issues with material procurement and long lead items. Rapidly fluctuating costs of steel, cement, lumber, fuel, and oil are causing suppliers to hold their prices for less than a week in most cases. Is there any recourse for the contractor to cover rising costs within this 90 day period of award? Concerning the additional 120 day timeframe to exercise any option after award, it will be very difficult for the contractor to procure the AC oil and aggregates without knowing up front what the quantities are. Suppliers are very limited in this part of the country and their current backlogs may not allow for the manufacture of additional materials within the contract time. Please consider more reasonable timeframes for both award and the exercising of options.

Due to the source of the funding, the Government is unable to shorten these times.

15 After observing the existing conditions at the walk through on

9/7/2021 it was noted that the existing ground conditions have changed dramatically from the time when this project was designed until now. It was stated by one official at the walk through that a major slide had occurred less than a week before the walk through. It was also noted that there could continue to be dramatic changes in the existing roadway prism by the time the project is awarded. It appears that there will be a very significant change in the quantity of fill needed on the project that could change the balance of the excavation items. Will the government be addressing these items before the bid? How will changes in these areas be handled that occur after bid time? It seems that the changing conditions could have a dramatic effect on the budget for this project.

This is currently under review and an amendment will be issued if needed.

16 Section a of SCR 108 states that no construction traffic is allowed on local roadways with the City of Medora or along Pacific Ave east of East River Road. This severely limits the ability to procure bulk potable water for paving. Would there be any exceptions to this?

No. Any agreements with City of Medora would have to be agreed upon with local officials separately.

17 Could the government provide the contact information for tribal, cultural, historical, biological, and paleontology monitors that it has worked with in the park?

See question #8

18 What are the limits of disturbance below the soldier pile walls? Our drilling sub-contractors are asking for 20 feet in some cases of level stable working platforms below the wall. This would require a large amount of fill below the wall.

Construction limits are shown in the plans.

Q&A During September 7, 2022 Site Visit

19 Why does this project have a warranty on this project? The road is constantly shifting. How is a contractor expected to hold to a warranty for a year?

See response to question #13

20 Does the NPS have monitors they can share? See response to question #8

21 Are there any weight restrictions on bridges inside the Park and/or to access the Park?

No, there are no load restrictions within the Park. Outside the Park, follow the NDDOT load restrictions.

22 Are the last 2 miles of the project open to the public? They are currently open to the public but will be closed once the project starts. The turnaround point within the project will be shared between the traveling public and the contractor. The turnaround point will be for flowing traffic only – no parking.

23 Is the FHWA anticipating unusually large voids within the bedrock?

See the geotechnical report.

24 How big are the potential voids? How do we cover for that risk? The quantities included in the plans do take in account some of the unknowns associated with the size of the voids. Contractors should read the geotechnical report and assume voids can exist in a variety of sizes.

25 What is the definition of “construction equipment”? It was mentioned construction equipment is restricted from leaving through or accessing the site from the North side of the project.

What does this include?

All project related traffic, haul trucks with materials/equipment, equipment.