A07.01_-_Task_Order_Package_amend_4_of_4.pdf

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1100 W Town & Country Road * Orange, California 92868 * 714-560-4400

June 13, 2017

ENG 4-2-1 (2.3 to 7.6 – 90) File Reference #17-353-1

Justin Wentzel Realty Specialist U.S. Army Corps of Engineers Sacramento District 1325 J Street Sacramento CA 958142922 justin.c.wentzel@usace.army.mil

Re: MOTCO (Military Ocean Terminal) Road Repairs Port Chicago Hwy – East

PN: 355179

Dear Mr. Wentzel:

This is in reply to your email dated April 21, 2017, concerning the above referenced project in the City of Concord, Contra Costa County, California.

Kinder Morgan has received 95% plans for this project. After reviewing the design package here are our comments and requirements in order to approve construction around Kinder Morgan’s pipeline:

Kinder Morgan requires reviewing the pothole plans especially at the locations where the pipeline crosses the highway.

The depth of excavation from grade level is needed from you to determine the necessary measures to protect the pipeline. Please provide more detail so we may determine if there is adequate cover or if other protective measures are needed.

Kinder Morgan requires that surface loading calculations be done for all the heavy equipment which will be crossing the pipeline in order to ensure the safety of the pipelines. Please submit details of any heavy equipment to be used prior to working near the pipeline.

Kinder Morgan needs the information of the final grade to know how much cover the pipeline will have after the construction of the highway.

Additionally, in the interest of public safety and for pipeline protection, the following provisions must be considered in the design and subsequent construction of improvements near KM’s pipeline.

U.S. Army Corps of Engineers Sacramento District June 13, 2017

1100 W Town & Country Road * Orange, California 92868 * 714-560-4400

1. Adherence to applicable provisions enumerated in the enclosed copy of (a) L-OM200-29 “Guidelines for Design and Construction” relating to proposed projects affecting KM pipelines and (b) copy of Information Bulletin #03-001, issued from the Office of the State Fire Marshal concerning encroachments within and adjacent to pipeline easements.

2. Exact pipeline location can only be determined by pothole at maximum 50 feet intervals (or as required by the on-site KM representative). The pothole work must be performed by hand excavation and in the presence of a pipeline representative.

3. Notify KM Right of Way Specialist, Mr. Mark Esquibel (510) 672-3329, at least two weeks prior to commencement of work. Mr. Esquibel will arrange for a pipeline representative to be present during work near the pipeline.

4. Please notify the project owner (utility company, government agency, etc.) and all construction companies regarding Kinder Morgan’s requirement of two weeks’ notice prior to any work done near KM’s pipeline and/or facilities. See note #3 above for the KM personnel to notify of work pending near KM’s pipelines or facilities.

5. Please note that costs associated with ROW inspection, damage prevention and code compliance may be incurred. Depending on specific conditions of the work, Kinder Morgan may seek reimbursement of these costs.

Kinder Morgan looks forward to working with you to comply with all state and federal safety regulations. However, please note we cannot make any representation about potential conflicts between our pipeline(s) and your proposed work without exact details of the location, scope, timing and method of your proposed work. Also, please note we need to receive your exact information sufficiently in advance of your work to make any comment on the possible impact.

To avoid delays in response to future correspondence, please refer to File Reference #17-353.

Sincerely, Karly Payne for

P. P. Martin Manager - Pipeline Engineering

T: Quinn/letters/ENG4-2-1/17-353-1/BN

Enclosures cc: M. E. Esquibel w/copy of inquiry

Attachment 4 – Acknowledgement Statement Tidal Paving Repairs Task Order 1

Military Ocean Terminal, Concord (MOTCO) Concord, CA

The offeror agrees to perform the work required at the prices specified and in strict accordance with the terms of the contract.

1. Name, Address, and DUNS Number of Contractor

2. Telephone Number

3. Contract No.:

4. Title of Project: Tidal Paving Repairs Task Order 1

5. Name and Title of Person Authorized to Sign Offer:

Proposals signed by an agent shall be accompanied by evidence of that agent's authority, unless that evidence has been previously furnished to the issuing office.

Names, titles, and telephone and facsimile numbers (and electronic addresses if available) of persons authorized to negotiate on the offeror’s behalf with the Government in connection with this solicitation:

6. Signature:

7. Offer Date:

8. Amendments (Number & Date of Acknowledgement):

9. Offers providing less than 90 calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

10. Proposed Period of Performance: 540 calendar days. All work for the Base and Options 4 through 11 shall be completed within 540 calendar days of Notice to Proceed. The Completion date will change only if Options 1 through 3 are exercised.

11. (a)-Note that your statement must include your acknowledgment of all amendments; and (b)-This is a Job pricing. Provide price breakout as follows:

CLIN Breakout Schedule

CONTRACTOR SHALL FURNISH ALL LABOR, MATERIAL, EQUIPMENT, ETC.

NECESSARY TO PERFORM ALL WORK IN STRICT ACCORDANCE WITH THE TERMS

AND CONDITIONS SET FORTH IN THE CONTRACT TO INCLUDE ALL

ATTACHMENTS THERETO.

CLIN DESCRIPTION QUANTITY

UNIT OF

MEASURE TOTAL PRICE

BASE BID

0001 Provide all labor, management, supervision, tools, materials, equipment, and transportation to demolish and reconstruct North Anderson Road, including electrical manholes, at Military Ocean Terminal, Concord, CA, in accordance with this contract and all associated documents, drawings, and specifications.

1 JOB $

0002 Provide all labor, management, supervision, tools, materials, equipment, and transportation to demolish and reconstruct South Anderson Road at Military Ocean Terminal, Concord, CA, in accordance this contract and all associated documents, drawings, and specifications.

0003 Provide all labor, management, supervision, tools, materials, equipment, and transportation to demolish and reconstruct Port Chicago Highway - East at Military Ocean Terminal, Concord, CA, in accordance with this contract and all associated documents, drawings, and specifications.

0004 Provide all labor, management, supervision, tools, materials, equipment, and transportation to demolish and reconstruct Christenbury Road at Military Ocean Terminal, Concord, CA, in accordance with all this contract and all associated documents, drawings, and specifications. This includes installation of 8 new electrical street lights.

0005 Provide all labor, management, supervision, tools, materials, equipment, and transportation for Contractor Manpower Reporting at Military Ocean Terminal, Concord, CA, in accordance with all this contract and all associated documents, drawings, and

TOTAL BASE BID ITEMS (CLINS 0001 THROUGH 0005) $

OPTION 1:

1001 Delay of Construction – Demobilization and remobilization during stand down at Military Ocean Terminal, Concord, CA (NTE 10 days in duration).

1 EA $

OPTION 2:

1002 Delay of Construction – Demobilization and remobilization during stand down at Military Ocean Terminal, 1 EA $

Concord, CA (NTE 45 days in duration).

OPTION 3:

1003 UXO/MEC

Provide all labor, management, supervision, tools, materials, equipment, and transportation to remove and dispose of UXO/MEC discovered during construction at Military Ocean Terminal, Concord, CA, in accordance with all this contract

1 EA $

OPTION 4:

1004 Christenbury Utility Provide all labor, management, supervision, tools, materials, equipment, and transportation to install electrical ductbank, manholes, relocation of lightning protection counterpoise, and additional street lights along Christenbury Road at Military Ocean Terminal, Concord, CA, in accordance with this contract

OPTION 5:

1005 South Anderson Utility Provide all labor, management, supervision, tools, materials, equipment, and transportation to install electrical ductbank, including new riser poles and manholes, along South Anderson Road at Military Ocean

Terminal, Concord, CA, in accordance with all this contract

OPTION 6:

1006 North Anderson Utility Provide all labor, management, supervision, tools, materials, equipment, and transportation to install electrical ductbank and handholes along North Anderson Road at Military Ocean Terminal, Concord, CA, in accordance with all this contract

OPTION 7:

1007 10” Waterline Provide all labor, management, supervision, tools, materials, equipment, and transportation to replace 10” waterline along North Anderson Road at Military Ocean Terminal, Concord, CA, in accordance with all this contract and all associated documents, drawings, and

OPTION 8:

1008 16” Contra Costa Water District Water Main Line Provide all labor, management, supervision, tools, materials, equipment, and transportation for the encasement of 16” Contra Costa Water District Water Main

7,000 LF $

Line at Military Ocean Terminal, Concord, CA, in accordance with all this contract and all associated documents, drawings, and specifications. See Detail 6 on Sheet C-501 of Port Chicago Highway – East Drawings.

OPTION 9:

1009 10” Kinder Morgan Petroleum Line Provide all labor, management, supervision, tools, materials, equipment, and transportation for the encasement of 10” Kinder Morgan Petroleum Line at Military Ocean Terminal, Concord, CA, in accordance with all this contract and all associated documents, drawings, and specifications. See Detail 6 on Sheet C-501 of Port Chicago Highway – East Drawings.

60 LF $

OPTION 10:

1010 5” Shell Nitrogen Line Provide all labor, management, supervision, tools, materials, equipment, and transportation for the encasement of 5” Shell Nitrogen Line at Military Ocean Terminal, Concord, CA, in accordance with all this contract and all associated documents, drawings, and specifications.

See Detail 6 on Sheet C-501 of Port Chicago Highway – East Drawings.

1,800 LF $

OPTION 11:

1011 Sanitary Sewer Force Main 900 LF $

Provide all labor, management, supervision, tools, materials, equipment, and transportation for the encasement of Sanitary Sewer Force Main at Military Ocean Terminal, Concord, CA, in accordance with all this contract and all associated documents, drawings, and specifications.

See Detail 6 on Sheet C-501 of Port Chicago Highway – East Drawings

TOTAL PRICE (CLINS 1001 – 1011) $

TOTAL PRICE (CLINS 0001 – 0005 AND 1001 – 1011) $

END OF CLIN SCHEDULE

1. Prices must be submitted on all individual items of this CLIN Schedule. Failure to do so may cause the proposal to be determined "unacceptable".

2. If a modification to a price is submitted which provides for a job adjustment to the total price, the application of the job adjustment to each item in the CLIN Schedule must be stated. If it is not stated, the offeror agrees that the job adjustment shall be applied on a pro rata basis to every item in the CLIN Schedule.

3. The offeror shall distribute his indirect costs (overhead, profit, bond, etc.) over all the items in the Pricing Schedule. The Government will review all submitted Pricing Schedules for any unbalancing of the items. Any submitted CLIN Schedule determined to be unbalanced may cause the proposal to be determined "unacceptable".

4. In the event there is a difference between a unit price and the extended total, the unit price will be held to be the intended proposed price. If the offeror shows only the total price but fails to enter a unit price, the total divided by the estimated quantity will be held to be the intended unit price.

UAI 52.214-5000 ARITHMETIC DISCREPANCIES

(a) For the purpose of initial evaluation of bids, the following will be utilized in the resolving arithmetic discrepancies found on the face of Pricing Schedule as submitted by the bidder:

(1) Obviously misplaced decimal points will be corrected;

(2) Discrepancy between unit price and extended price, the unit price will govern;

(3) Apparent errors in extension of unit prices will be corrected;

(4) Apparent errors in addition of lump-sum and extended prices will be corrected.

(b) For the purpose of bid evaluation, the Government will proceed on the assumption that the bidder intends the bid to be evaluated on basis of the unit prices, the totals arrived at by resolution of arithmetic discrepancies as provided above and the bid will be so reflected on the abstract of bids.

(c) These correction procedures shall not be used to resolve any ambiguity concerning which bid is low.

(5) The successful offeror grants the options listed in the Pricing Schedule to the Government.

The options may be exercised up to 60 calendar days after receipt of notice to proceed (NTP).

(6) Exercise of the option occurs upon mailing of written notice to the Contractor. Exercise will be made by the Contracting Officer. The price for exercise of the option includes all work and effort associated with the scope of that item. The proposed additional time for contract completion will be allowed when the option is exercised.

(7) Funds are not presently available for this contract. The Government’s obligation under this contract is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise until funds are made available to the Contracting Officer for this contract and until the Contractor receives notice of such availability, to be confirmed in writing by the Contracting Officer.