sealed bid no. 14-293-tfl media-sharon hill line (mshl ... no 3.pdfaddendum no. 3, 14-293-tfl july...

Addendum No. 3, 14-293-TFL July 7, 2015

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Sealed Bid No. 14-293-TFL Media-Sharon Hill Line (MSHL) Communications-Based Train Control (CBTC)

System (Electrical Construction)

Addendum No. 3 To All Bidders: The following constitutes Addendum No. 3 to SEPTA's Sealed Bid No.14-293-TFL, Media-Sharon Hill Line (MSHL) Communications-Based Train Control (CBTC) System. This Addendum must be acknowledged by inserting the date of the Addendum on the Bid Addenda Form to be submitted with your Bid. Failure to do so may render your bid “Non-Responsive”. Questions, Answers, and Clarifications issued with this Addendum are hereby incorporated by reference and made part of the Terms and Conditions of this project. A. General 1. The Bid Due Date/Opening is hereby changed to Thursday, July 30, at 2:00PM. 2. Answers to questions are provided below. B. Specifications: The following 9 Specifications are revised or provided via this Addendum. 1. Specification Section 01010, dated June 25, 2015. 2. Specification Section 01091, dated June 25, 2015. 3. Specification Section 01600, dated June 25, 2015. 4. Specification Section 01620, dated June 25, 2015. 5. Specification Section 01820, dated June 25, 2015. 6. Specification Section 13570, dated June 25, 2015. 7. Specification Section 13580, dated June 25, 2015. 8. Specification Section 13593, dated June 25, 2015. 9. Specification Section 13594, dated June 25, 2015.

C. Drawings: The following 144 Reference drawings and 14 revised Drawings are provided

via this Addendum. 1. Reference Drawing 1234 Market Street 20th Floor 2. Reference Drawing PTC-CC-2 3. Reference Drawing PTC-CC-4 4. Reference Drawing PTC-CC-7 5. Reference Drawings for Catenary Replacement at Drexel, Hill and Bywood Interlockings,

Work Order GEC 12-H-22, 105 sheets 6. Reference Drawings Rail Replacement at Drexel, Hill and Bywood Interlockings, Work Order

GEC 12-H-22, 35 sheets 7. GEN-7, Rev 1 Addendum 3 and dated June 25, 2015. 8. GEN-6, Rev 1 Addendum 3 and dated June 25, 2015. 9. GEN-10, Rev 1 Addendum 3 and dated June 25, 2015.


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10. GEN-11, Rev 1 Addendum 3 and dated June 25, 2015. 11. LOC-8, Rev 1 Addendum 3 and dated June 25, 2015. 12. LOC-9, Rev 1 Addendum 3 and dated June 25, 2015. 13. LOC-28, Rev 1 Addendum 3 and dated June 25, 2015. 14. W-101, Rev 1 Addendum 3 and dated June 25, 2015. 15. W-102, Rev 1 Addendum 3 and dated June 25, 2015. 16. W-103, Rev 1 Addendum 3 and dated June 25, 2015. 17. W-104, Rev 1 Addendum 3 and dated June 25, 2015. 18. W-106, Rev 1 Addendum 3 and dated June 25, 2015. 19. W-107, Rev 1 Addendum 3 and dated June 25, 2015. 20. W-110, Rev 1 Addendum 3 and dated June 25, 2015.

D. Bidders Questions/Concerns & SEPTA’s Response 1. Q: The technical specification requires Ansaldo STS Microlok II’s and PV-250 Power

Frequency Track Circuits which are currently being used by SEPTA. Since SEPTA personnel are already familiar with the operation and maintenance of this equipment will additional documentation and training be required for the Microlok II or PV-250 Power Frequency track circuits?

R: Contractor is required to conform to the specifications.

2. Q: Specification Section 13570 1.01.A states that thirty-four (34) crossings currently have Microlok II controllers and Section 13580 2.05.A states that twenty-seven (27) crossings are currently equipped with Microlok II controllers. Please clarify: how many crossings are currently equipped with Microlok II?

R: 28 crossings are currently equipped.

3. Q: Drawing TYP-7 shows physical connections between the Zone Controllers and the Interlockings and Crossings. Drawings TYP-8, 9, 10 and 11 only show connection from the “CBTC” Office to the Zone Controllers and from the Zone Controllers to the Antenna(s). The connection to the Interlockings and Crossings are only shown as a connection to the CTC Office – which is non-vital. Please clarify: A) Are the Zone Controller would to be connected, via vital means, to the Interlocking Controllers and Crossing Controllers? Can this connection be via relay contact or discrete vital inputs and outputs, as the Microlok II Peer protocol has proven to be very difficult to interface with CBTC Systems?

R: Yes, Zone Controller connections are to be vital. Provide a design that complies with the Specification.

4. Q: There does not seem to be a Specification Section for “Zone Controllers.” Please clarify. As Zone Controllers vary drastically across the various manufacturers and are in conflict with the general VMIS Section, will SEPTA provide a Specification for Zone Controllers?

R: These Specifications provide CBTC System functional and performance requirements including implicit and explicit Region (Zone) controller requirements. See revised 13593 in this Addendum.


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5. Q: Requirement in Section 13591 Part1.01B quotes: “the SEPTA fleet of twenty-nine (29) Kawasaki Double-ended trolleys...”while the requirement in Section 13593 quotes: “ The MSHL has twentysix (26) double-ended trolleys. Please clarify the number of trolleys that have to be considered in the Project.

R: There are 29 MSHL trolleys.

6. Q: There is no information in the Tender Documents regarding the Trolley Train Lines, wirings and circuits, or information on available room under the bogie. Without such data it is not easy to define the correct interfaces/installations for the onboard ATC System. Please provide details.

R: Full access to the trolleys to determine space, interfaces, etc will be offered to potential bidders during the site visits to 69th Street Car Shop. The vehicle is equipped with Dellner Type 30 Electric Couplers on both ends. There are currently six (6) spare connector pins in each coupler if trainline circuits are required when running in two (2) car consists. Drawings will be made available to the successful bidder during the design phase. However, at this time, bidders can assume that there is adequate space under the double ended trolley for mounting any required antennas or other related hardware and that there are a total of four (4) spare speed sensor openings, one (1) located on each axle gear case.

7. Q: The Tender Document mentions depot facilities and a test track to be provided in the car shop or in the yard. The drawings or a track layout for those areas are not available. Please provide details.

R: Test track layout will be determined in conjunction with the successful bidder.

8. Q: Section 01620, Part 1, 1.05 E states: "MTBF = MTTR + MRTT….". Proposed Wording: "MTBF = MTTF + MTTR + MRTT…" Reason for Change: If the definition for MTBF is to be included in the RFP, the expression does not include the mean time to failure, MTTF, for LLRUs, items, components, subsystems, or systems, and there should be an additional definition for MTTF (see Question No. 15). Question No. 17 proposes that the definition of MTBF be removed from the RFP, for the reasons specified in 17.

R: See revised 01620.

9. Q: Section 01620, Part 1, 1.05 E states: "MTBF shall be calculated for all LLRUs,…..in accordance with MIL-HDBK-217, [Ref 01620-02]." Proposed Wording: "MTTF shall be calculated for all LLRUs,…..using failure rate prediction methods specified in the HANDBOOK OF 217Plus RELIABILITY PREDICTION MODELS, manufacturers data, or data from CBTC systems in a similar operating environment." Reason for Change: The HANDBOOK OF 217Plus RELIABILITY PREDICTION MODELS (2006), supported by RIAC, a DOD Information Analysis Center, has been accepted by the DOD as a current replacement for MIL-HDBK-217, as MIL-HDBK-217 has not been updated since 1995 (217F N2). Actual operating data and manufacturers data, which is generally preferred over theoretical predictions, should also be permitted for failure rate estimation. In addition, MTBF should be replaced with MTTF; as the MTTF


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applies to only the component reliability, while the MTBF applies to the component reliability and maintainability.

R: All bids shall be based on the Specifications as written. The successful bidder may propose alternate reference standards for SEPTA review and approval.

10. Q: Section 01091 1.02 A.3 states: "MIL-HDBK-217, current version at time of bid submission [Ref. 01620-02]." Proposed Wording: "HANDBOOK OF 217Plus RELIABILITY PREDICTION MODELS, current version at time of bid submission [Ref. 01620-02]" Reason for Change: The HANDBOOK OF 217Plus RELIABILITY PREDICTION MODELS (2006), supported by RIAC, a DOD Information Analysis Center, has been accepted by the DOD as a current replacement for MIL-HDBK-217, as MIL-HDBK-217 has not been updated since 1995 (217F N2).

R: See response to question 11.

11. Q: Section 01620 1.05 F states: "Mean Time Between Functional Failures (MTBFF)…….". Proposed Wording: "Mean Time Between Functional Failures (MTBFF) - Similar to MTBF, except only relevant failures (MTTFF) are included." Reason for Change: If the definition for MTBFF is to be included in the RFP, the definition should include a reference to the MTTFF. In addition, there should be a definition for MTTFF (See Question No. 16). Question No. 17 proposes that the definition of MTBFF be removed from the RFP, for the reasons specified in 17.

R: See revised Section 01620.

12. Q: Section 01620 1.05 G states: "Availability = MTBFF / (MTBFF + MRTT + MTTR)." Proposed Wording: "Availability = MTTFF / (MTTFF + MRTT + MTTR)." Reason for Change: Since the MTBFF already includes the MRTT and MTTR, specifying MTBFF in the denominator would result in adding the MRTT and MTTR twice (in the denominator). The MTBFF should be the MTTFF. Considering this, in order to make the steady state availability expression accurate, the MTBFF should also be replaced with MTTFF in the numerator. In addition, there should be a definition for MTTFF (See Question No.16 ).

R: See revised Section 01620.

13. Q: Section 01620, 1.05 Proposed Wording: "Mean Time To Failure (MTTF) - The mean, or expected time, to a failure not classified as relevant (non-relevant)." Reason for Change: A definition for Mean Time To Failure (MTTF) should be specified.

R: Provide a design that complies with the Specification.

14. Q: Section 01620, 1.05 Proposed Wording: "Mean Time To Functional Failure (MTTFF) - The mean, or expected time, to a failure classified as relevant." Reason for Change: A definition for Mean Time To Functional Failure (MTTFF) should be specified.


15. Q: Section 01620, 1.10 B. 3 Table headings for equipment reliability requirements are expressed as MTBF (hours) and MTBFF (hours). Proposed Wording: In the table heading, express equipment reliability requirements as MTTF (hours) and MTTFF (hours). Reason for Change: Equipment reliability requirements defined as MTBF


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and MTBFF include maintainability requirements as well as reliability requirements. Since the CBTC availability requirement specified in B., Item 1. includes maintainability requirements (MTTR, MRTT), they do not need to be included as requirements for demonstrating equipment reliability. The MTTF is the measure of the equipment reliability, not the MTBF. In addition, evaluating the equipment MTBF during the Availability and Reliability Demonstration period is problematic, as the time to perform corrective action (MTTR and MRTT) for each failure, as well as the time to failure, needs to be considered in the overall demonstration. Typical reliability demonstration tests record (after verification) the number of equipment failures in a defined test period to determine the point estimate of the MTTF, the 'true' measure of the equipment reliability. Adding corrective maintenance times for each failure does not add any value in determining the equipment reliability, and, as previously stated, is difficult to include in the reliability demonstration. Considering the reasons described above, the MTBF and MTBFF should be removed from Section 01620, Part 1, 1.05 DEFINITIONS.

R: Provide a design that complies with the Specification. The details of the RAM demonstration program will be determined in conjunction with the successful bidder and as required in these Specfications.

16. Q: Some specific signaling products (such as Microloks, track circuits, point machines) are required to be supplied by all bidders. To ensure no single bidder has an unfair advantage, SEPTA should provide all specified signalling products as "free issue" material.

R: SEPTA will not provide “free issue” material. Provide a design that complies with the Specification.

17. Q: Section 01820 1.01 I.4 on page 01820-4 states "Training technology such as computer-based training, simulations and working mock-ups , shall consist primarily of realistic graphics with text only where required for labels or instructions". Please clarify the intent of this requirement.

R: Contractor shall provide computer-based training.

18. Q: Section 01820 1.02 A states: "The Contractor is required to allow SEPTA to videotape all classroom and field instruction". Section 01820 1.05 A, the first sentence states "The Contractor shall grant SEPTA the right to videotape all Training Programs but the second sentence states "Each class is to be videotaped by the contractor and the video file shall be turned over to the SEPTA Project Manager at the completion of training". Please clarify the intent of this requirement.

R: The Contractor shall videotape all classroom training.

19. Q: Section 01820 1.02 A states "Class size shall not exceed ten (10) employees. Paragraph U on the same pages states ".....in a facility, which has ample room for ten (10) people." The tables (Part I Class Participation, Part II Class Participation and Part III Class Participation) show number of student per class to include quantities of up to 15 and 20. The requirements are contradictory. Please clarify the maximum number of students/people the Contractor training facility should be designed to actually hold.

R: Class size shall not exceed ten (10) SEPTA employees.


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20. Q: Section 01010 1.01 Q, on page 01010-15, states: “The Contractor shall provide all final engineering, design, labor, tooling, materials, parts, training, publications, support, special tools, warranty, spare parts and apparatus required for all components, use of all facilities needed for vehicle modification, and the actual installation of the components.” Can this be eliminated since SEPTA is performing the installation of all vehicle equipment with its own forces?

R: No.

21. Q: Section 01010 on page 01010-5 Paragraph 112+24 Track and Signal Temporary Work, item d. states “All design, materials procurement and installation shall be completed by the CBTC contractor in coordination with the planned Summer 2015 line outage.” Assuming contract signing in June at the earliest, how can all materials needed for the outage be designed, procured and delivered in time for the outage?

R: The outage work is explained in this Addendum.

22. Q: Section 01010 1.13 A states: “The Contractor shall assign a dedicated Project Team to the project for its duration. The following positions are defined as key staff and shall be assigned to this Project on a full-time basis for the duration of the design and construction phases.” For the position listed below, please clarify if the position is required full-time for the duration of the project: Track, Power and Civil Engineer

R: Track, Power and Civil Engineer may be part-time positions on this Project but shall be available to work full-time on an as-needed basis when necessary to advance the Work.

23. Q: Please confirm which states this line runs in, and whether it crosses any state boundaries (i.e. does this line run outside PA).

R: The Media-Sharon Hill Line is wholly within the Commonwealth of Pennsylvania.

24. Q: Section 13580 2.01 J states: “Event Recorder inputs … each location design.” Please clarify the requirements with regards to event recorders as described in this clause.

R: During design, Contractor shall submit an event recorder input list for approval by the Project Manager.

25. Q: Section 13591 1.01 B states: “The Contractor shall be responsible for implementation of the Onboard CBTC System including installation of a stand-alone crash hardened Event Recorder on the SEPTA fleet of twenty-nine (29) Kawasaki Double Ended trolleys. (From here on in this document, the CBTC system requirements shall also apply to the stand-alone Event Recorder System). Implementation shall include design, furnishing, installation, oversight, integration, testing, certification and commissioning of the Onboard CBTC System segment. The Onboard CBTC System segment shall interface with the wayside and control office segments in order to provide a complete integrated CBTC System that is in compliance with the requirements of these Technical Specifications and Contract Documents.” Section 13591 1.05 B states: “The Contractor shall be responsible to perform a pilot installation program for the first two (2) trolley installations with the support of the SEPTA labor workforce. The pilot trolley will be used to verify installation procedures, proof of design testing, ensure proper trolley interfaces and compliance with the requirements of the


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Contract. Throughout the pilot installation phase the Contractor shall work with SEPTA to enhance the efficiency of the installation design. SEPTA forces shall be involved in the pilot installation so as to train SEPTA personnel in the installation, testing and commissioning of the follow-on trolleys.” Please clarify who is responsible for installation.

R: The Contractor is responsible for pilot installations on 2 trolleys with the support of the SEPTA workforce. SEPTA forces will do installations on remaining trolleys with technical oversight and QA/QC by Contractor. Contractor shall supply all materials and kits for vehicles work.

26. Q: Section 13591 1.01 B states: “The Contractor shall be responsible for implementation of the Onboard CBTC System including installation of a stand-alone crash hardened Event Recorder on the SEPTA fleet of twenty-nine (29) Kawasaki Double Ended trolleys. (From here on in this document, the CBTC system requirements shall also apply to the stand-alone Event Recorder System). Implementation shall include design, furnishing, installation, oversight, integration, testing, certification and commissioning of the Onboard CBTC System segment. The Onboard CBTC System segment shall interface with the wayside and control office segments in order to provide a complete integrated CBTC System that is in compliance with the requirements of these Technical Specifications and Contract Documents.” On page 13593-4, Section 13593 1.01 B.12 states: The MSHL has twenty six (26) double-ended trolleys which are operated as single and double-car consists with a Trolley Operator in the lead cab at all times. The use of “trolley” shall be understood to refer equally to a consist made of one or two cars. If necessary, the length of the consist will be specified as a one or two trolley consist." Please clarify the number of trolleys that need to be modified for this project.

R: See response to question 5.

27. Q: Section 01010 112+24 Track and Signal Temporary Work: Usually all material will be ordered only following Notice of Award. This bid is due on 19th May, with a 90-day validity period. Considering this, there will be insufficient time to prepare the designs, order the required material, and have subcontractors in place to complete the work as defined in this section. Please provide additional time to complete this work or clarity on how SEPTA intends to complete this work in the given timeframe.


28. Q: Section 13591 1.07 F. There is no CBTC-controlled traction power control trainline. However, the protective FSB action shall vitally cut the traction enable signal and any other required signals via car wiring if not already part of the car circuitry with the integrity required for a vital failsafe system. Are their trolleys where the car wiring/circuitry is not present to vitally cut the traction enable signal when and FSB action is executed?

R: The trolleys, (single or double) are designed and wired (not a vital function) to cut Traction power when FSB is applied.

29. Q: Section 01630 1.06 F states: “Should SEPTA use an Independent Safety Assessor (ISA), the Contractor shall support the activities and tasks undertaken by the ISA


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including audits, document CDRL reviews, test witnessing. Should an ISA not be appointed by SEPTA, the Contractor shall perform the role of ISA from within their organization.” Will SEPTA appoint an Independent Safety Assessor?

R: The assignment of the role of ISA will be determined in conjunction with the successful bidder.

30. Q: Section 13570 1.01 states: “There are forty-seven (47) road crossings at grade that are to be interfaced with the CBTC and CTC systems. Thirty-four (34) of those crossings are controlled by an Ansaldo STS MicroLok II Vital Micro-Processor Interlocking System (VMIS) with either an inductive loop train detection system or an audio-frequency overlay (AFO) track circuit system. The Contractor shall interface to the existing VMIS in all such locations. Where there currently is no processor control of the crossings, the contractor shall utilize new MicroLok II’s as an interface to the CBTC and CTC systems. Where there is pre-emption to a Township-owned Traffic Light Controller, the interface shall be through a contact of a vital relay.” Will there be a Microlok II at all 47 Road crossings, 34 existing Microlok IIs and 13 new Microlok IIs? Where there is pre-emption to a township-owned Traffic Light Controller will the vital relay interface to the CBTC system be through a Microlok II?

R: There will be MicroLoks at all crossings where there is a dedicated ROW. CBTC interface will be through MicroLok.

31. Q: Section 13580 2.01 states: “The NV/VMIS shall be designed to operate in a hot standby redundant configuration with an automatic transfer to the redundant system in the event of a failure to the primary unit. The automatic transfer shall take effect immediately upon detection of the loss of the primary processor without interfering with established routes or operations.” Is the hot standby redundant configuration required for all interlockings and Traffic Light Controller locations?


32. Q: Section 13582 2.02 states: “Clear Block - Amber Clear Block pushbuttons shall be used for signal clearing for non-equipped train. The Clear Block button will be pushed to request a route for a non-equipped train to proceed to the next interlocking. The Clear Block shall be cancelled by the signal cancel pushbutton.” Are there going to be non-equipped trains or vehicles in the system once all trains are equipped under the contract?

R: Provide a design that complies with the Specification. The Clear Block aspect will be used primarily for work trains and trains operating in failure mode scenarios.

33. Q: AREMA Specifications are cited in numerous places: Would SEPTA Please confirm that CENELEC standards (EN50121, EN50124, EN50129) are accepted as equivalent to the AREMA requirements mentioned in the tender documents.


34. Q: Section 13593 Clause 1.02 R.1: It seems that the requirement for CBTC suppliers to have 5 years of revenue service for properties similar to MSHL (trolley/light rail in NAM). Depending on the interpretation of this language it could significantly restrict


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the number of potential bidders, and potentially restrict GETSGS from bidding. Would SEPTA confirm that Amtrak Passenger rail Operation in the Midwest is a similar Property to SEPTA? Would SEPTA confirm that Amtrak between Michigan and Detroit is a Transit Property of similar Type, and nature to MSHL? Would SEPTA consider relaxing the 5 year North America requirement to allow a new Technology to be proposed?

R: The answer to all questions is “No.” Provide a design that complies with the Specification.

35. Q: Section 16780 Clause 1.01E : Is this acceptable to use for RF data communications subsystem the latest standard 802.11n and the 5.8 GHz non-licensed ISM band that has been proven reliable on other CBTC systems?


36. Q: On dwg C-0010, sheet 113 under notes: Refer to dwg’s G-003,004 & 005, I don’t see these within the documents. Can you direct me where to look?

R: Dwg C-0010 thru and including C-0016 (with Notes) and C-0017 thru and including C-0019 have been included for reference only, detailing existing work that is available for the Contractor's use, as described in the specifications. SEPTA Force Account shall make all connections to existing fiber optic circuits and cables. The Notes referenced in the question shoud be disregarded, and any references in the Notes to G-003/4/5 are not relevant to this work. A comprehensive set of "As Built" drawings for this exsiting work shall be supplied to the selected Contractor.

37. Q: Specification Section 16780 2.01 L.1 requires the radio to “Support wireless mesh capability on multiple radios and on multiple frequency bands in a highly mobile environment.” To achieve the handoff needed in CBTC to avoid Emergency Brake Application, mesh architecture possess problems in the level of Emergency Brake Applications. We have had experience globally in this area with various CBTC systems. Will SEPTA allow the Contractor to provide an alternate architecture?

R: Alternative mesh radio architectures will be considered provided that no loss of radio connectivity to the train occurs at any point during its travel due to RF issues or due to any single point of failure, and that all other specification requirements are met.

38. Q: Specification Section 16780 2.01 L.3 requires the “The radio network design shall not implement a master controller or root node design architecture.” Can we use a distributed design that implements several master controllers along the line, avoiding the dependency of a single master controller in one location?

R: Alternative mesh radio architectures will be considered provided that no loss of radio connectivity to the train occurs at any point during its travel due to RF issues or due to any single point of failure, and that all other specification requirements are met.

39. Q: Specification Section 16760 2.01 A.1 states; The Layer 2 Ethernet Switch (“L2 Switch”), if required by the Contractor’s proposed and approved design, shall be a


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RuggedCom RuggedSwitch RS900-24-D-T2-T2-TX. This model number shall be considered a minimum requirement, and any enhancements to this model number necessary to deliver a complete and functioning CBTC system, e.g. intermediate or long reach optics required to interconnect distant sites, shall be furnished by the Contractor at no additional cost to SEPTA.Can we use any other vendor that meets or exceeds RuggedCom specified product?

R: All items determined to be approved equals by SEPTA and that meet the functional requirements of the Contract shall be considered.

40. Q: Specification Section 16760 2.03 A.1 states;The Layer 3 Ethernet Switch (L3 Switch) shall be the RuggedCom RuggedBackbone RX1500 or RX1501, furnished complete with all modules as shown on the Contract Drawings. Any enhancements necessary to deliver a complete and functioning CBTC system, e.g. additional ports, different port types, intermediate or long reach optics required to interconnect distant sites etc., shall be furnished by the Contractor without any additional cost to SEPTA.Can we use any other vendor that meets or exceeds RuggedCom specified product?


41. Q: Given the increasing interconnectivity of the global CBTC systems - ie, moving from simple "Overlays" to "Systems", is it permissible, if it can be demonstrated to SEPTA that the reliability, availability and Safety of the proposed overall system is greater than (or equal to) the system that SEPTA has proposed, will SEPTA accept a system that is more of a centralized architecture with distributed Smart I/O, utilizing the Proponents standard sub-systems? IE, if the supplier demonstrates that the data telecommunication network and the proposed Zone Controller and Vital Microprocessor Interlocking System provide the sufficient level of availability, will SEPTA accept the principle that the architecture is sufficiently available so that the line can be reliably operated with a reduced # of CBTC Zones and without local vital microprocessor interlocking systems and local control panels?

R: The Contractor is to provide a design that complies with the Specification.

42. Q: Specification Section 13593 1.02 CC states “Ventilation fans shall not be used in equipment which provides safety functions.” For the equipment (vital and non-vital) supplied in a room(S) that are computer environment (such as an office server location), will equipment with fans be acceptable? IE: The Zone Controllers and potentially some of the Interlocking processor equipment.

R: Office and test equipment consisting of Commercial Off The Shelf equipment may use fans if provided by the equipment manufacturer as part of the equipment and if the equipment will be located in a climate-controlled, computer environment.

43. Q: Specification Section 13580 1.01 A and B require: A. The contractor shall furnish a MicroLok II Vital Microprocessor Based Interlocking System (VMIS) and Non-Vital Based Interlocking Systems (NVMIS) for each new interlocking in accordance with the requirements contained herein. B. The contractor shall furnish a MicroLok II Vital


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Microprocessor Based Interlocking System (VMIS) for each traffic light control location which requires new TLC control in accordance with the requirements contained herein. If the Contractor can demonstrate that an alternate microprocessor interlocking to the Microlok II has equivalent or better availability, reliability and Safety factors (MTBF, MTBHE, MTTR, etc) will SEPTA accept an alternative vital microprocessor interlocking system.

R: An equivalent VMIS may be considered as an alternative to MicroLok II, however it must remain consistent throughout the line, meaning all new and existing interlockings and TLC locations must contain the same manufacturers vital processor system.

44. Q: Specification Section 13580 2.05 A states:As identified in the General Statement of Work, there are 27 (twenty-seven) existing highway crossings equipped with Ansaldo STS MicroLok II® vital processors for traffic light control. The contractor will incorporate the existing MicroLok II processors into the overall CBTC system architecture. Assuimg the same >/= factors as in Question 104, will SEPTA accept the replacement of the existing (WTY to be finalized in Addenda) Microlok II vital processors with an alternative vital microprocessor interlocking system that is proven in service and provides equivalent or better availability and safety (MTBF, MBTHE etc.)?


45. Q: Specification Section 13582, Local Control Panels, generally describes a hard local panel with LED and physical buttons. Please confirm that a solution with a computer based HMI can be proposed. It is specified that Trackside equipment shall include 3 independent zone controllers (p34). Thus, a solution with 3 Local ATS (1 Local ATS per ZC) + 1 Central ATS can meet the requirement. Computer based HMI (instead of LCP) will also be linked to Local ATS. Please confirm.


46. Q: Specification Sections 13570, 13574 and 13593 generally requires the Contractor to; “Provide a safe roadway crossing solution which stops safely, train not allowed to cross road traffic, generate request to allow a train to cross road traffic (automatically or manually by the driver) and provide enforced crossing protection as gate violation system.” At crossing point, the responsibility of the train movement vs road traffic shall remain driver's responsibility. Please confirm13593 1.01 B 4 k; 1.02 C, N; 1.03 B

R: Provide a design that complies with the Specification. However, it is the trolley operator’s responsibility to ascertain the condition of the road traffic before proceeding across the road.

47. Q: Specification Section 13593 1.02 E: It is our understanding that the CBTC System will only provide non-vital monitoring of the brake rate. Please confirm.

R: Brake rate monitoring when used as part of the overall CBTC braking algorithm shall be vital. Brake rate monitoring when used for generating alarms and Event Recorder logging may be performed non-vitally.


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48. Q: Specification Sections 13570, 15380 and 13585: Many of the systems to be proposed for CBTC are CENELEC compliant vs AREMA. Dependent upon the acceptance by SEPTA of the Availability, Reliability and Safety requirements discussed in the Questions related to Solutions, will SEPTA accept field measures to ensure the environmental concerns of AREMA - i.e., vibration, EMI/EMC, temperature?

R: All environmental recommendations as stated in AREMA shall be adhered to. It is the responsibility of the Contractor to ensure that the documentation required to substantiate the adherence to AREMA recommendations is submitted and approved.

49. Q: The specification lacks detail on track alignment that will be allocated as a test track and/or departure testing. Please provide alignment details to clarify this point.

R: The location of the proposed test track shall be determined jointly between SEPTA and the Contractor at the time of the design of the test track, but will be located either in the yard or at some appropriate location along the MSHL.

50. Q: Please provide details of SEPTA's operational plan for departure testing for the vehicles stabled in the lanes along West Chester Pike?

R: The specifics of the departure test will be developed with the successful bidder.

51. Q: Drawing GEN-11: Chainage of Woodland Interlocking overlaps chainage of Leamy Avenue. Please confirm or correct the chainage provided.

R: Leamy Rd 280+62, Woodland X-over (sw points) 286+57 and 288+07, Woodland Ave 289+59.

52. Q: Where will the modification of the first two vehicle take place? R: All of the onboard CBTC installations will be performed at the SEPTA 69th St.

Repair Facility located in Upper Darby, PA.

53. Q: Specification Section 16740 1.01 N.4 states: Intermodulation Analysis. The Contractor shall be solely responsible to perform an intermodulation analysis. The analysis shall include all existing and new radio systems to ensure that the new CBTC Radio System does not cause interference to existing systems, radio, WiFi, WiMax, etc (SEPTA owned, public or other) and that and existing Systems (SEPTA owned, public or other) does not interfere with the new CBTC Radio System. Can we get details on current and planned radio systems SEPTA has or will implement in the future?

R: SEPTA has a complement of many radio systems, inclding AAR Radios in the 161 MHz bands, 218-220 MHz used for PTC, 4940 - 4990 MHz (not used), Wi-Fi (2.4 and 5 GHz), WiMax (5 GHz), microwave point-to-point, and other systems. A comprehensive listing of all existing and planned radio systems, frequencies and locations shall be provided to the selected supplier.

54. Q: Specification Section 16740 1.01 N.5 states "The Contractor shall be solely responsible for identifying, selecting and obtaining licenses for SEPTA’s perpetual use of the Radio Frequency band for the CBTC Radio System operation.” It is stated later in section 16780-1 that "The contractor shall use SEPTA’s licensed frequencies 4940 - 4990 MHz as the primary frequency band." The other band specified as the potential


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secondary, 2.4 GHz, is unlicensed. Please clarify whether the 4940-4990 MHz band is already licensed by SEPTA for its perpetual use.

R: The license has been renewed and is valid until 3-18-2025.

55. Q: 01010.1.01.G. 112+24 TRACK AND SIGNAL SPECIAL WORK a. – States: “Final design of this temporary Interlocking will be done by the Contractor and submitted for approval by SEPTA. All design, materials procurement and installation shall be completed by the CBTC Contractor in coordination with the planned Summer 2015 line outage.” As a result of the time constraints of the bidding process and the long lead time required to complete the design, materials procurement and installation will the Authority revise the planned installation date?


56. Q: 01010.1.08.A.2.a. – States: “As noted above, this is an early-action location where the Contractor shall design, furnish and install certain signal equipment to the track construction materials installed by SEPTA, and shall perform all work during a planned shut-down of the MSHL during the Summer of 2015, between mid-June and Labor Day.” As a result of the time constraints of the bidding process and the long lead time required to complete the design, materials procurement and installation will the Authority revise the planned installation date?


57. Q: 01010.1.08.A.4.a. – States: “As noted above, this is an early-action location where the Contractor shall design, furnish and install certain signal equipment to the track construction materials installed by SEPTA, and shall perform all work during a planned shut-down of the MSHL during the Summer of 2015, between mid-June and Labor Day.” As a result of the time constraints of the bidding process and the long lead time required to complete the design, materials procurement and installation will the Authority revise the planned installation date?


58. Q: 01091.1.01.B. – References: “Various Codes and Standards such as the American Railway Engineering and Maintenance of Way Association (AREMA), American Public Transit Association (APTA), American Society of Mechanical Engineers (ASME), American Society For Testing and Material (ASTM), American National Standards Institute (ANSI), International Electro-Technical Commission (IEC), Federal Transit Administration (FRA), and Institute of Electrical and Electronic Engineers (IEEE) documents mentioned in this Technical Specification are examples acceptable to the Engineer. Material standards and specifications which are used by the Contractor, unless otherwise approved by the Engineer, shall be of those organizations (such as ASME or ASTM) which are based in the United States, or are generally used on a commercial basis in the United States. The applicable document revision shall be that in effect on the date of Proposal submission. Alternate recognized standards may be suggested by Proposers in their detailed Technical Proposal if submitted with sufficient supporting information to establish equivalency”. Are the EN (European Standards) which are referenced throughout the Technical Specifications, but not listed in Section 01091.1.01.B, required by the Engineer?


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R: Yes.

59. Q: 01091.1.02.A.10 thru 22 - CBTC and System Safety References refers to “EN” standards. Further references to “EN” standards are referenced throughout the Division 13 – CBTC and Signal Systems Technical Specifications, Sections 13570 – 13604. Is it SEPTAs’ intent to implement “EN” standards for the CBTC Project?

R: Reference standards are applicable as specified.

60. Q: 01092.1.02. - Abbreviations/Acronyms list is missing the following: EN – European Standard CQC – Contractor Quality Control

R: Noted.

61. Q: 01630.1.06.C. – States: “All functions shall have a Safety Integrity Level (SIL) rating (1 – 4) commensurate with the safety function provided unless otherwise stated in these Contract Documents.” Is it SEPTAs’ intend to implement European functional safety standards based on the IEC 61508 standard for this project?

R: Reference standards and their requirements are applicable as specified.

62. Q: 01630.1.06.D. – States: “All Automatic Trolley Protection functions and the Temporary Speed Restriction (TSR) function shall be designed, implemented, and tested in a vital failsafe fashion and in accordance with SIL 4.” Is it SEPTAs’ intend to implement European functional safety standard SIL 4 for this project?

R: Referenced standards are applicable as specified.

63. Q: 01630.1.06.F. – States: “Should SEPTA use an Independent Safety Assessor (ISA), the Contractor shall support the activities and tasks undertaken by the ISA including audits, document CDRL reviews, test witnessing. Should an ISA not be appointed by SEPTA, the Contractor shall perform the role of ISA from within their organization.” Will SEPTA be appointing an ISA for this project?


64. Q: 01630.1.07.A. – States: “New and modified software shall follow the requirements of EN 50128-2011[Ref. 01630-07]. Existing software shall be subject to the requirements of EN 50128-2001[Ref. 01630-06]. Is it SEPTAs’ intent to implement “EN” standards for the CBTC Project?


65. Q: 01630.1.07.B. – States: “When software which provides safety-related functions is operated on, or otherwise shares the resources of hardware with software which is not providing safety-related functions, the highest SIL of all such software shall be met by all such software unless SEPTA approves otherwise on a case-by-case basis.” Is it SEPTAs’ intend to implement European functional safety standards (SIL) for this project?


66. Q: 01630.1.07.C. – States: “Commercial operating systems are not permitted to be executed by the same processor used to execute SIL 4 software nor reside in the


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same addressable memory space as SIL 4 software without SEPTA approval on a case-by-case basis.” Is it SEPTAs’ intend to implement European functional safety standard SIL 4 for this project?

R: Referenced standards are applicable as specified..

67. Q: 01630.1.09.B.2.a. – States: “A Project Safety Plan (PSP) [CDRL 01630-002] shall be developed in compliance with EN 50129 and EN 50126 [Ref. 01630-01 & 17, respectively]. The PSP shall provide the overall safety philosophy, implementation methodology, safety management and criterion for the safety activities required for the delivery of the MSHL CBTC System.” Is it SEPTAs’ intent to implement “EN” standards for a Project Safety Plan (PSP)? If required, please provide reference document for guidance.

R: In the references noted in the question, “Project Safety Plan” is synonymous with “System Safety Plan”.

68. Q: 01630.1.09.B.3.a. – States: “A Safety Integrity Level (SIL) Analysis [CDRL 01630-003] of the overall proposed MSHL CBTC System equipment functionality including hardware and software shall be performed. The SIL Analysis shall be provided to SEPTA for information.” Is it SEPTAs’ intend to implement European functional safety standard (SIL) for this project?


69. Q: 01630.1.09.B.3.c. – States: “Hardware and software tools shall be assigned a classification of T1, T2, T3, or T4 in accordance with EN 50128-2011 [Ref. 01630-07] as part of the SIL analysis.” Is it SEPTAs’ intend to implement European functional safety standard (SIL) for Hardware and software tools for this project? If required, please provide reference document for guidance.

R: Referenced standards are applicable as specified. The noted specification provides the necessary guidance.

70. Q: 01630.1.09.B.5.a. – States: “A System Safety Concepts document [CDRL 01630-007] shall be developed in accordance with EN 50126, EN 50129, and EN 50128 [Ref.s 17, 01, 06 & 07, respectively]. IEEE 1483 [Ref. 01630-05] may also be used for additional guidance.” Is it SEPTAs’ intent to implement “EN” standards for a System Safety Concepts document for this project?


71. Q: 01630.1.09.B.6.a. – States: “A Software Safety Plan (SSP) [CDRL 01630-008] shall be developed for existing software in accordance with EN 50128-2001 [Ref. 01630-06] for the project. Where appropriate, IEEE 1228 [Ref. 01630-09] may be used for further guidance. The SSP shall be provided to SEPTA for information.” Is it SEPTAs’ intent to implement “EN” standards for a Software Safety Plan document for this project?


72. Q: 01630.1.09.B.7.a. – States: “A Hardware Safety Plan (HSP) [CDRL 01630-009] shall be developed in accordance with EN 50129, EN 50121, EN 50124, EN 50125, EN 50155, EN 50159, IEC 61508-1 [Ref.s 01630-01, 10, 11, 12, 13, 14, 15 respectively].


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Where appropriate, IEEE 1483 [Ref. 01630-05] may be used for additional guidance. The HSP shall be provided to SEPTA for information.” Is it SEPTAs’ intent to implement “EN” standards for a Hardware Safety Plan? If required, please provide reference document for guidance.


73. Q: 01630.1.09.B.8.a. – States: “All hardware and software tools used in the design, development, verification, validation or maintenance of the MSHL CBTC System equipment provided shall be treated exactly as the actual operating hardware and software and either included in the SSP and HSP, or may be handled in a separate Tool Safety Plan. If developed, the Tool Safety Plan shall be provided to SEPTA for information.” Is it SEPTAs’ intent to implement a Tool Safety Plan (TSP) for this project? If required, please provide reference document for guidance.


74. Q: 01630.1.09.B.9.a. – States: “A Safety Case Plan (SCP) [CDRL 01630-010] shall be developed in accordance with EN 50129 [Ref. 01630-01]. The SCP may be incorporated into the PSP.” Is it SEPTAs’ intent to implement “EN” standards for a Safety Case Plan for this project?


75. Q: 01630.1.09.B.14.a. – States: “A single System Hazard Log (SHL) [CDRL 01630-014] shall be developed and maintained for the Project in accordance with EN 50129 [Ref. 01630-01]. The SHL shall be provided to SEPTA for information on a quarterly basis.” Is it SEPTAs’ intent to implement “EN” standards for a Hardware Safety Plan?


76. Q: 01630.1.09.B.15.a. – States: “Failure Mode and Effects Analyses (FMEAs) shall be developed in accordance with EN 60812 [Ref. 01630-16]. A system level FMEA [CDRL 01630-015] shall be provided to SEPTA for review and approval, other FMEAs shall be provided to SEPTA for information.” Is it SEPTAs’ intent to implement “EN” standards for FMEAs for this project?


77. Q: 01630.1.09.B.16.a. – States: “A Non-Vital Equipment Analysis [CDRL 01630-016], shall be performed to ensure that equipment considered to not be providing a safety-related function is, in fact, not providing any safety functions. A report shall be issued summarizing the findings of the analysis [CDRL 01630-017]. Is it SEPTAs intent to implement a Non-Vital Equipment Analysis for this project? If required, please provide reference document for guidance.

R: The analysis is dependent on a Contractor’s particular design.

78. Q: 01630.1.09.B.16.c. – States: “System safety requirements shall be used as a basis for the analysis. For each requirement, an analysis as to whether it is provided in whole or part by equipment with a SIL of less than four (4) shall be identified using the


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appropriate expert persons. If a safety requirement is determined to be implemented by equipment or software with a SIL of less than four (4), a hazard shall be added to the SHL. .” Is it SEPTAs’ intend to implement European functional safety standard (SIL) for System Safety requirements for this project? If required, please provide reference document for guidance.


79. Q: 01630.1.09.B.17.a. – States: “A System Verification and Validation Plan [CDRL 01630-018], shall be developed in accordance with EN 50126 and EN 50129 [Ref.s 01630-17 & 01, respectively]. Is it SEPTAs’ intent to implement “EN” standards for a System Verification and Validation plan for this project? ? If required, please provide reference document for guidance.


80. Q: 01630.1.09.B.18.a. – States: “A Software V&V Plan [CDRL 01630-019] shall be developed in accordance with EN 50128 [Ref. 01630-06 & 07 as appropriate]. Is it SEPTAs’ intent to implement “EN” standards for a Software V&V Plan for this project? ? If required, please provide reference document for guidance.


81. Q: 01630.1.09.B.19.a. – States: “A Software Quality Assurance Plan (SQAP) [CDRL 01630-020] shall be developed in accordance with EN 50128 [Ref. 01630-06 & 07, as appropriate]. Is it SEPTAs’ intent to implement “EN” standards for a Software Quality Assurance Plan for this project? ? If required, please provide reference document for guidance.


82. Q: 01630.1.09.B.20.a. – States: “A Software Configuration Management Plan (SCMP) [CDRL 01630-021] shall be developed in accordance with EN 50128. Is it SEPTAs’ intent to implement “EN” standards for a Software Configuration Management Plan for this project? ? If required, please provide reference document for guidance.


83. Q: 01630.1.09.B.21.a. – States: “A Database Verification Report [CDRL 01630-022] shall be developed in accordance with EN 50128 [Ref. 01630-06 & 07, as appropriate] and provided to SEPTA for information. Is it SEPTAs’ intent to implement “EN” standards for a Database Verification Report for this project? If required, please provide reference document for guidance.



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84. Q: 13574.1.01.C. – States: “Overlay Track Circuits (non-vital track circuits) shall be provided for highway grade crossing and signal overrun controls and at locations as may be determined in the contractors final design.” Please confirm Overlay Track Circuit in this application are to be “Non-Vital”.

R: Overlay track circuits are to be compliant with AREMA recommendations.

85. Q: 13580.1.01.A. – States: “The Contractor shall furnish a MicroLok II Vital Microprocessor Based Interlocking (VMIS) and Non-Vital Based Interlocking System (NVMIS) for each new interlocking in accordance with the requirements contained herein.” The MicroLok II processor is capable of performing the vital and non-vital functions using vital assign and nv.assign statements within the same program required for the new Interlockings to be provided for this project as shown in typical contract drawing TYP-1. Please confirm that the NV/VMIS system is a single processor as specified in 13580.2.01.H.

R: The MicroLok II VMIS may be utilized as a single processor architecture.

86. Q: 13580.2.01.C. – States: “The NV/VMIS shall be designed to operate in a hot standby redundant configuration with an automatic transfer to the redundant system in the event of a failure to the primary unit. The automatic transfer shall take effect immediately upon detection of the loss of the primary processor without interfering with established routes or operations.” The Typical System Architecture Plan (TYP-1) is shown with the typical SEPTA MLK circuit installation of a Normal/Standby System configuration which is not designed as a hot/standby configuration. Please clarify the type installation to be used on this project?


87. Q: 13580.2.04.C. – States: “Vital timing functions for locking and crossing control requirements shall be field settable and adjustable, without the need to change the site specific applications logic.” Please clarify if the use of SEPTAs’ revision validation process will allow for the use of vital timing functions in the Site Specific Application Logic.

R: Vital timing functions may be used in Site Specific Application Logic, however changing timing values cannot affect the compiled program’s CRC or checksum.

88. Q: 13580.2.04.D. – States: “System Software of two types shall be functionally dependent upon each other to perform all vital and non-vital microprocessor logic.” The modular design of the MicroLok II system is capable of both vital and non-vital specific control and interface requirements for the intended application with a single system software. Please clarify the two types of system software required by this section?

R: Executive Program to provide the basic monitoring and control operating system and Site Specific Application Logic program that specifies the user’s desired logic processing.

89. Q: 13580.2.05.C. – States: “A complete set of vital and non-vital microprocessor printed circuit boards shall be provided, including processor board, input boards, output boards, power supply boards, etc. for each new processor supplied on the project.”


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Please clarify whether the interlocking systems require a complete set of printed boards for the interlocking or per system?

R: A complete set of boards for each new processor is to be supplied by the Contractor.

90. Q: How far from the rails does the training facility have to be? R: Training facility shall be located in Delaware County within walking distance of a

SEPTA MSHL train station and shall be approved by SEPTA.

91. Q: Will training be held at the Site Office? R: The location of employee training shall be jointly determined between SEPTA

and the Contractor after review and approval of the Contractor’s training plan, but will be either at a location along or within SEPTA operating area or at the Contractor’s facility.

92. Q: Are the OCC and BOCC already furnished? R: Furniture is not required to be provided by the Contractor.

93. Q: Is an OCC room layout available (or is it possible to arrange a survey)? R: Space for new OCC equipment will be provided. The existing MSHL OCC is on

the 19th floor at SEPTA Headquarters, 1234 Market Street, Philadelphia. There is also space for new equipment adjacent to the server room on the 20th Floor. Existing OCC layout is provided in this Addendum.

94. Q: In Spec section 13594, 1.02. H. 4. what is meant by “industrial grade” workstations? R: An industrial workstation is that which is generally more rugged that a typical

office workstation and is classified as such by its manufacturer. Note that any computers or other equipment requiring hard drives which are intended to be used in the field shall use solid-state hard drives only; rotating disk-type hard drives are not permitted in field equipment per amended section 01010.

95. Q: In Spec Section 01820, 1.02 Manuals and Training it states: “The Contractor is required to allow SEPTA to videotape all classroom and field instruction”. In the same spec section, clause 1.05A Continuing Education it states “The Contractor shall grant SEPTA the right to videotape all Training Programs, which is expected to be limited to classroom sessions, or hands-on training for future SEPTA training use. Each class is to be videotaped by the Contractor and the video file shall be turned over to the SEPTA Project Manager [CDRL 01820-001] at the completion of the training.” Clause 1.02 states SEPTA will do the videotaping of the training. In addition, the first sentence in paragraph 1.05A implies SEPTA would do the videotaping of the training. But the second sentence in 1.05A states the Contractor is responsible. Question is: Who is responsible for videotaping the Training Programs, SEPTA or the Contractor?

R: The Contractor is responsible to video tape the training classes(see Article 01820).


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96. Q: With reference to Spec Section 13591 1.07E, 1.08C and 1.11A please confirm whether a penalty application (FSB - Full Service Brake) initiated by the CBTC system will be vitally assured by the car (trolley), with the integrity required for a vital failsafe system.

R: The CBTC will request vitally the FSB application. However the trolley can not vitally respond back to CBTC that brakes are applied. CBTC needs to vitally verify that braking is enforced by their internal algorithm.

97. Q: With regard to the statement at the end of section 13570 that says “where existing drawings do not exist or are not in a CAD format, the contractor shall be required to provide new CAD drawings based on existing/revised circuits”; can SEPTA provide an estimate of the number of locations where these drawings may not exist?

R: For estimating purposes, approximately 10% may be required to be redrawn.

98. Q: In Spec Section 13593 1.03, the B.3 item quotes: “Additional circuitry shall be interposed between the LTC and the trolley bar signals so that in the event of a failed LTC, upon a trolley being detected as occupying the crossing AFO track circuit, the additional circuitry shall manually initiate a green phase for the trolley. This function shall not be implemented for non-SEPTA-owned LTCs.” Please clarify if the term “manually” means an action from the driver or some other local operator. We note that for non-SEPTA-owned LTCs no action is requested.

R: The action will be through the operation of the track circuit which will initiate the green phase for the trolley upon detection of an occupying trolley.

99. Q: What power supply can we have for our trainborne CBTC equipment ? (voltage + maximum power).

R: Each Trolley is equipped with three (3) spare breaker positions in the 32VDC Distribution Panel.

100. Q: Is it possible to get the vehicle gauge and more detailed drawings for the underframe equipment? Especially at axle end level for additional speed sensors and on the middle underframe for antenna.

R: Drawings will be made available to the successful bidder during the design phase. However, at this time, bidders can assume that there is adequate space under the double ended trolley for mounting any required antennas or other related hardware and that there are a total of four (4) spare speed sensor openings, one (1) located on each axle gear case.

101. Q: What speed sensors are currently used on the trolleys? Specifically the type of sensors, type of electrical interface (signal), and possibility to reuse them).

R: The existing speed sensors cannot be used to support CBTC. There are four available 5/8” NPT openings at the axle gear cases that provide access to the axle mounted 60 tooth ring gear.

102. Q: Drawings C-0010 through C-0017 (sheet 113 through 119) contain previous drawings (named CM016 through CM022) of fiber optic cable plans. Those drawings have notes referring to DWG G003 for Abbreviations, DWG G004 for Symbols and DWG G005 for general notes. Please provide the reference drawings called out in the notes.


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R: See Addendum drawings.

103. Q: In the case of double track areas (eastbound and westbound) will trolley traffic be diverted to one side and scheduled as such to allow work to be performed on the other track? If so, can this happen daily between 9:30 AM to 4:00 PM? If track is taken out of service will work be allowed to continue on track as a trolley passes by?

R: Refer to Section 01100 1.11 C for information on track outages and work zones.

104. Q: In areas where there is single track only the outage time allowed is not conducive to a propitious installation of track. a. Will a longer outage be allowed? b. Will the option of busing between the work be entertained? c. Will weekend outages be allowed? d. If weekend outages are allowed what frequency or length of time can be expected?

R: Refer to Section 01100 1.11 C for information on track outages and work zones. SEPTA will work with the Contractor to provide outages.

105. Q: In areas where there is no staging space within the SEPTA ROW can the use of a road shoulder and or lane closure be allowed to facilitate construction?

R: Subject to Township and PennDOT review and approval of work zone traffic control plan design by Contractor.

106. Q: When a track is taken out of service who is responsible for de-energizing and grounding the catenary?

R: SEPTA.

107. Q: In 01010 section G. of the spec, it calls for the renewal of the #5 switch at 69th street transportation center. Does that include rail and ties? Only signal work?

R: The work at #5 switch at 69th Street is removing existing switch machine and rod package and installing new switch machine and rod package.

108. Q: In 01010 section G. of the spec, at Hill Jet. (112+24) it calls for the removal of push button and power switch from track #1. On drawing W-I05 and GEN-8 it does not show any switch being removed from track #1. What does this line refer to?

R: Currently, there is a pushbutton that controls the switch machine in Track 1. This gets removed. As described within the Statement of Work, all existing turnouts and switch machines are to be removed and new material installed.

109. Q: There is a discrepancy on the number of turnouts to be removed at Drexel Hill Junction between 01010 in the specification and what is on the contract drawings. Note 2 on drawing W-I05 states, "remove existing turnouts (4 each) and diamond crossing (1 each) not shown for clarity." However, on drawing Gen-8 you do not see 4 turnouts being removed. There appears to only be 3 that are removed and relocated. Can SEPTA please clarify the quantities of turnouts to be removed at Drexel Hill Junction and which turnouts this note directly refers to?

R: There are 4 turnouts to be removed: RH turnout in Track 1 to Media, RH turnout in Track 2 to Media, RH turnout in Track 1 to Spur Track and LH turnout at the


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end of the Spur Track. No turnouts are to be relocated. New turnouts are to be installed.

110. Q: What is the centerline to centerline spacing of the existing track? R: Track centers vary. Project scope includes field survey by Contractor to confirm

track centers.

111. Q: What is the centerline to centerline spacing of the new track to be constructed at? R: Refer to General Notes on W-001.

112. Q: In 01010 Section G SH234+12 North Interlocking (new) it indicates that existing spring switches are to be removed. It also indicates that a crossover with two power operated, dual control electric switches is to be constructed. This is not shown on the Gen-15 drawing on the proposed track layout for North interlocking. Is this supposed to be the crossover constructed at Walnut Interlocking as shown on the proposed track layout on Gen 16? If so, are there any details/specifications required for the work at Walnut? There is no mention of Walnut Interlocking in the specifications. It only shows up on the drawings.

R: North Interlocking is being removed/retired. To replace it, new Walnut Interlocking is being built approximately 500 feet to the west. The new location is incorrectly identified in Section 01010 SH234+12 as “North Interlocking (new)”. It should be “Walnut Interlocking (new)”. Refer to revised Section 01010 in this Addendum.

113. Q: Drawing V-103 Sheet 102: Norming point antenna (under car) Note: there are suitable locations on the roof. Please clarify that the norming point antenna is the transponder antenna to go under the train? And that the roof mounted antennas are for the wireless radio system.

R: Typically, that would be expected; however, it is left up to a Contractor’s particular design.

114. Q: 13591 1.07 H.8: If the bar signals are to be enforced by the CBTC system this implies that non-vital municipal sourced signal statuses are being required to be used in vital enforcement of non-vital aspects. This can result in providing a false sense of safety to a trolley operator to proceed since non-vital systems are not fail safe and not all failure scenarios of the non-vital system are monitored. Please confirm that this is SEPTA's intention of this and other similar LTC safety related requirements?


115. Q: 13593 1.01 B.18.b: Please provide the type of interface to the Local Traffic Controllers that are municipally controlled and what control systems are in use?

R: Interface to a municipally controlled LTC is through an open relay contact within the crossing control system. Municipal LTC types are unknown.

116. Q: 13593 1.01 B.18.b: Please confirm that all SEPTA owned Local Traffic Controllers are controlled by vital fail safe systems?

R: All SEPTA controlled LTC’s are controlled vitally.


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117. Q: 13593 1.01 B.18.b: Please define "safe passage" in terms of AREMA or CENELEC safety guidelines? Can the SEPTA confirm that the safety requested will be restricted based upon the reliability and failure scenarios of the existing road traffic control system (or LTC).

R: It is the Contractors responsibility to insure the safety of the existing road traffic control system in its interrelation with the CBTC system.

118. Q: 01010 1.07 E: Does SEPTA plan to modify the existing car couplers to accommodate automatic coupling functions?

R: No.

119. Q: 13591 1.01 B: Does SEPTA plan to equip maintenance and work trains/trolley's with CBTC functionality? If not will these trains movement be restricted to non-revenue service times?

R: It is not SEPTA’s intent at this time to equip maintenance vehicles with CBTC functionality. Non equipped work trains will operate under Clear Block rules.

120. Q: Is supporting Mesh Networking mandatory or is PtMP that provides equivalent functionality and supports make before break an acceptable alternative?

R: The intent of this Contract is to employ a radio mesh network to provide reliable data communications. All items determined to be approved equals by SEPTA and that meet the functional requirements of the Contract shall be considered.

121. Q: After reviewing the requirements, it is our opinion that a non-moving block technology would be a better technical fit, more cost effective, and take less time to implement. Hence, we are asking that SEPTA permit us to bid the system described below: [details omitted]


122. Q: Do we have a vital braking system on the vehicles? R: No definition of “vital” brake provided. Comply with Specification.

123. Q: Is it allowed to use the existing braking parameters from your established vehicles during the maintenance cycle?

R: No. Refer to 13593 1.01 E.

124. Q: Are we allowed to bypass the emergency brake (EB) in case we have a failure on the second vehicle in a coupled operation configuration?

R: The successful bidder shall provide operational procedures for SEPTA’s review and approval, including use of the existing Emergency Brake bypass function.

125. Q: Does this requirement in the section 1.07 for Onboard CBTC Requirements, item BB (…”computer generated design concept of the Operator Display Unit (ODU) that is capable of simulating operating scenarios”) mean that the actual authority and movement will be shown in the ODU? [Reference is to Specification Section 13591 1.07]

R: This is not a Contractual requirement. Contractor should propose additional ODU functionalities based on their design.


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126. Q: In the specification [Section 13593] Part 1, [1.01 B.16] CBTC System Overview item 16, is the statement that “Inductive loop-type communications shall not be used.” Is an inductive communication via transponder allowed?

R: 1.01 B 16 does not refer to transponder communication.

127. Q: Are there predefined frequencies/ bandwidth to be used? If yes, could you please publish the range?

R: 4940 - 4990 MHz as described in Section 16780. 1.01 E.

128. Q: Ref. SECTION 13570; PART 1 – GENERAL; 1.02 DESCRIPTION - E. Unless otherwise specified herein, provide materials in accordance with applicable AREMA, IEEE, NEMA, FRA, and Authority standards, practices, and recommendations unless relief is granted in writing by the SEPTA Project Manager. Will SEPTA accept in general European Standards and Norms like CENELEC norms and / or equal CENELEC?

R: SEPTA cannot accept European standards in lieu of North American train control system standards for the MSHL CBTC.

129. Q: SECTION 13570; PART 1 – GENERAL; 1.02 DESCRIPTION – J. The Contractor shall provide an AREMA compliant train control system, which consists of vital microprocessor based logic system with interface circuits employed for interlocking status, traffic light control (where required) and the transmission of messages to the CBTC Region Controllers via the ground based network subsystem. The design shall include interfaces to new VMIS and Local Traffic Light Controllers (LTC) where required. Will SEPTA accept in general European Standards and Norms like CENELEC norms and / or equal CENELEC?


130. Q: SECTION 13570; PART 1 – GENERAL; 1.05 QUALITY ASSURANCE - A. All wayside signal systems work shall comply with AREMA Signal Manual, SEPTA Standards C&S 1 and C&S 2 and the FRA “Rules, Standards, and Instructions for Railroad Signal Systems”, as they apply to the CBTC system, unless relief is granted in writing by the SEPTA Project Manager. Will SEPTA accept in general European Standards and Norms like CENELEC norms and / or equal CENELEC?


131. Q: SECTION 13570; PART 1 – GENERAL; 1.05 QUALITY ASSURANCE – C. All VMIS equipment to be provided under this Contract shall be the Microlok II as manufactured by Ansaldo STS of Pittsburg, PA. Will SEPTA accept functional equal signaling boards and equipment?

R: No.

132. Q: SECTION 13570; PART 1 – GENERAL; 1.06 REFERENCE STANDARDS – A. The standards of AREMA Communications and Signals Division, National Electrical Manufacturers Association, Underwriter’s Laboratories, Institute of


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Electrical and Electronic Engineers, and SEPTA shall be adhered to in every instance where such standards have been established for the particular type of work, material, or equipment to be installed, except where such requirements conflict with this Specification unless relief is granted in writing by the SEPTA Project Manager.

B. Reference Standards: Pertinent provisions of the following listed standards shall apply to the work of this Specification, except as they may be modified herein, and are hereby made a part of this Specification where the requirements of the following do not conflict with this Section of the Specifications.

1. AREMA Signal Manual Part 1.1.1, Specifications of Technical Terms Used in Signaling.

2. Institute of Electrical and Electronic Engineers Standard Dictionary of Electrical and Electronics Terms

3. In the event of a conflict between definitions, the opinion of the SEPTA Project manager shall govern.

Will SEPTA accept in general European standards and norms like CENELEC norms and / or equal CENELEC and the way of implementation?


133. Q: Section 01010 G, 4+07 page 2 describes the scope of work for the 69th Street area and yard. Please provide an as installed cable plan for these areas showing the size of the cables to be replaced, the conduit routing, and the locations of the signal equipment that is to be modified or replaced.

R: Record drawings for this location are not available. New cables for switches and signals to match other new cables on the project.

134. Q: Drawing 19 of 341, does REVISION 2 render REVISION 1 null and void? R: Revision 2 will take precedence over Revision 1

135. Q: Drawing 21 of 341 the cable plan does not show a power supply for the new CIL. What is the power source and what size is the cable?

R: Cable size is 3c#6, source to be determined by the Contractor.

136. Q: Specification Section 01010 G 75+01, Lansdowne Ave. Item e states NEW CABLES TO ALL WAYSIDE DEVICES. Drawing 26 of 341, LANDSDOWNE CROSSING PLAN does not show the cables. Please provide a plan with the cables shown.

R: Revised drawing showing cables will be provided to the successful Contractor.

137. Q: Drawing 30 of 341 the cable plan does not show a power supply for the new CIL. What is the power source and what size is the cable?

R: Cable size is 3c#6, source to be determined by the Contractor.

138. Q: Drawing 32 of 341


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A – Please identifiy the cables for T1, T2, and T3 B – Please identify the symbols for T1, T2, and T3 C – What is the power source and cable size for the new CIL?

R: A – T1, T2, and T3 do not require cables. B – T1, T2, and T3 are passive balise. C – Cable size is 3c#6, source to be determined by the Contractor.

139. Q: Drawings 38, 42, 43, 46, and 47 of 341, A – In the top X out area a dotted line is identified as new interface cables. Please clarify. B – In the bottom X out area a cable references Note 1 which states the cable is to be reused. Please clarify.

R: A – All cables to be removed. B – All cables to be removed.

140. Q: Drawing 41 of 341 shows FOC to 69th Street. A – Does this cable go to 69th Street or to Burmont Road? B – How many fiber are in this cable?

R: See Sheet 173 for fiber details

141. Q: Drawings 44 and 45 of 341 show a new case A1, however the cables going out of the case are to be removed. The only cable left is a 7C#14 from the CIH. What is the function of the new case?

R: Case A1 is to be retired.

142. Q: Drawing 44 of 341 does the existing Case B get removed? R: Case B is to be retired.

143. Q: Drawing 45 of 341 A – What is the size of the cable to T1? B – What is the cable size and power source for the new CIL?

R: A – T1 is a passive balise, no cable is required. B – Cable size is 3c#6, source to be determined by the Contractor.

144. Q: Drawing 48 of 341 do the impedance bonds that are showin in the X our areas North of Springfield Road get removed with the approach overlay circuits?

R: All impedance bonds shall be removed.

145. Q: Drawing 54 of 341 shows T1 located in track 2 and connected to the existing XIH. Drawing 55 shows T1 located in track 1 and connected to the new CIL. Please clarify and identify the cable for T1.

R: T1 is a passive balise with no cable required and is properly located on Drawing 55 Trk. 1

146. Q: Drawing 55 of 341 please identify the power source for the new CIL. R: Cable size is 3c#6, source to be determined by the Contractor.

147. Q: Drawing 57 shows the new case 1 NT/1 ST. What is the power source for this case? R: The power source is to be determined by the Contractor.


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148. Q: Drawing 61 shows a new CIL. What is the power source for this CIL? R: The power source is to be determined by the Contractor.

149. Q: Drawing 66 of 341, A – The top right hand cable of Case A is shown to be removed and it also references Note 1 which states EXISTING CABLES REUSED. Please clarify. B – The second and third left hand cables of Case A are shown as existing cables to be terminated in a signal case B, however they are identified for existing equipment that is to be removed. Do these cable remain or are they to be removed? C – The plan view shows an interface cable between existing Case A and New Case B, what is this cable? D – Do these cases remain or are they to be removed after the new system has been accepted?

R: All cases and cables are retired.

150. Q: Drawing 67 of 341, A – Please identify the T1 cable. B – What is the power source for the new CIL?

R: A – No cable for T1. B – The power source is to be determined by the Contractor.

151. Q: Drawing 73 of 341 what is the power source for the new CIL? R: The power source is to be determined by the Contractor.

152. Q: Drawing 62 of 341, A – Please identify the cable for T1. B – What is the power source for the new CIL?

R: A – No cable for T1. B – The power source is to be determined by the Contractor.

153. Q: Drawings 21 and 314 of 341 show the Bywood Interlocking between stations 25+35 and 30+50. Drawings 314 of 341 shows it at a different location, please clarify.

R: Bywood Interlocking will be between 25+35 and 30+50 as shown on Drawing 21.

154. Q: The Summary of Work lists a new North Interlocking at a station number SH234+12. Drawing 79 of 341 shows a new Walnut Interlocking between stations 234+70 and 239+45. Please clarify.

R: Walnut Interlocking is the correct location.

155. Q: The drawing package does not include a cable plan for the existing North Interlocking. Please provide a cable plan for North Interlocking.

R: North Interlocking will not be built.

156. Q: The Summary of Work lists Spingfield Road but there is no plan for this area. Please provide a plan for Springfield Road.

R: Springfield Road is located on sht. 48 Loc. 31.


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157. Q: Contract III.A: “The Contract represents the entire and integrated agreement between the parties hereto and (except for substantial representations made by the Contractor upon which SEPTA was entitled to rely in making the decision to award the Contract to Contractor) supersedes prior negotiations, representations or agreements, either written or oral.” The substantial representations upon which SEPTA relies to make its decision should either be identified in writing in the Contract (i.e. the purpose of this integration clause) or the exception contained in the parentheses should be deleted. Please clarify.

R: No changes shall be made to the referenced Terms and Conditions.

158. Q: Contract III.B: “Contract Documents which form the Contract consist of the following: 1. This Agreement, including any referenced documents or exhibits;….” Please clarify whether the Instruction to Bidders are included in the Contract Documents.

R: The “Instructions to Bidders” are not specifically referenced in the Agreement as a Contract Document, and as such are not considered a Contract Document.

159. Q: Contract VIII.B: “The Contractor shall perform on the site with its own organization at

least 92 percent of the total amount of work….” Due to the nature of the work, 92% of the work will NOT be performed on site. What is the intent of this requirement?

R: Strike-out the sentence that reads “ The Contractor shall perform on the site with its own organization at least 92 percent of the total amount of work….”.

160. Q: Contract VIII.G. 2nd Paragraph: “Contractor also agrees for itself and on behalf of

its agents, servants, subcontractors, material men and employees to defend, indemnify and hold harmless SEPTA from and against any and all claims of any kind or nature whatsoever regarding subcontractors and material men and agrees to assume the defense of SEPTA to any such suit at its cost and expense.” (emphasis added). It is unclear for which subcontractors and material men that Contractor agrees to provide indemnification. This should be the subcontractors and material men of the Contractor. Please clarify. (emphasis added).

R: The language in the 2nd paragraph(page 5) of Contract Section VIII. Contractor, G. Indemnification, shall be modified to read “…regarding subcontractors and material men of the Contractor and agrees to assume the defense…”.

161. Q: Contract VIII O.6: “The Contractor shall make any corrections required by the

Architect or Engineer and shall resubmit the required number of corrected copies of Shop Drawings or new Samples until accepted.” Please insert language that the requests for corrections will be reasonable.

R: The above referenced language shall be modified to read “The Contractor shall make any reasonable corrections required…”.

162. Q: Contract VIII.T: “Contractor expressly agrees to comply with all applicable laws,

ordinances, and regulations of the Federal, State and Local governments which are in effect or become effective during the term of the Contract.” Please insert language that provides for additional time and/or compensation for changes in the law that become


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effective during the term of the Contract where such additional time and/or compensation is warranted.

R: Claims resulting from the referenced language may be pursued in accordance with “Section XIV. Changes in the Work”, beginning on page 29 of the agreement.

163. Q: Contract VIII.U2.a: “Within ten (10) days after receipt from SEPTA of notice of

award of the Contract, the Contractor shall furnish SEPTA with CERTIFICATES OF INSURANCE (SEPTA's sealed bid number must be noted on certificates) and any other documents which SEPTA may require, such as copies of policies or endorsements.” Contractor considers its insurance policies and endorsements to be confidential and proprietary and does not disclose such information. Therefore, please revise the language to provide that certificates of insurance are acceptable forms of proof of insurance.

R: No changes shall be made to the referenced Terms and Conditions. 164. Q: Contract VIII.U.3.b: “If such notice is not provided for within the basic terms of the

policy, it shall be provided by endorsement or notation on the Certificate.” This requirement is not within the practice of the insurance industry because a Certificate cannot modify the terms of an insurance policy. Therefore, please revise the language accordingly.

R: No changes shall be made to the referenced Terms and Conditions. Please note that above contract provision does state “Endorsement“ as an acceptable method.

165. Q: Contract VIII.V: “The Contractor's cost and financial records shall be maintained

in accordance with generally accepted accounting principles and reflect actual costs of all items of labor, material, supplies, services and all other expenditures for which compensation is payable. The Contractor shall include this requirement in all subcontracts awarded by it under the Contract.” Contractor considers its cost information to be confidential and proprietary and does not disclose such information. Therefore, please delete the requirement to disclose such cost information.

R: No changes shall be made to the referenced Terms and Conditions. However, SEPTA agrees to enter into a Confidentiality Agreement with the Contractor for the requested information.

166. Q: Contract IX.B.1-3: “The issue in each of the 3 subsections focuses on SEPTA's

right to control with whom Contractor subcontracts.” Contractor maintains that it is the sole party who controls with whom it subcontracts. Therefore, please delete the requirements that SEPTA has the right to control with whom Contractor subcontracts.



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167. Q: Contract IX.B.4: “Within ten (10) days of receipt of written request from SEPTA's Project Manager the Contractor shall furnish to SEPTA copies of all contracts, bonds, insurance certificates and other similar documents between Contractor and any Subcontractor for the Work.” Contractor considers its subcontracts and related information regarding its subcontracts to be confidential and proprietary and does not disclose such information. Therefore, please delete the requirement to disclose such information.


168. Q: Contract IX.C: “In addition, Contractor shall pay its Subcontractor(s) any

retainage Contractor has withheld from its Subcontractor(s) within twenty (20) days after a Subcontractor's work is satisfactory completed.” The intent of this requirement is unclear. In addition, Contractor cannot pay any retainage to a subcontractor until the retainage has been paid to Contractor by SEPTA. Please clarify.

R: No changes shall be made to the referenced Terms and Conditions. 169. Q: Contract XI.C.5.2nd Paragraph: “In no event shall Contractor be entitled to extra

payment on account of any delay in the Work, regardless of whether SEPTA elects to grant an extension of time to the Contractor.” If there is a delay which is not caused or the fault of the Contractor, then additional compensation may be warranted depending on the circumstances. Therefore, Contractor requests the right for additional compensation as warranted.

R: No changes shall be made to the referenced Terms and Conditions. 170. Q: Contract X1.D: “...Contractor shall not be entitled to any damages or

compensation from SEPTA, except as otherwise provided in the Contract Documents, on account of such delay(s) or Suspension(s).” In the event of a suspension by SEPTA, it is reasonable and customary within the signalling industry to provide for additional compensation as warranted. Therefore, Contractor requests the right for additional compensation in the event of a suspension as warranted.

R: Claims resulting from the referenced language may be pursued in accordance with “Section XIV. Changes in the Work”, beginning on page 29 of the agreement.

171. Q: Contract XI.E: “...liquidated damages in the amount of $101.86 dollars per hour

per grade crossing….” The amount of the liquidated damages is excessive based on the practice within the signalling industry. Therefore, Contractor requests that the liquidated damages amount be revised to an amount that is within the signalling industry practice.

R: No changes shall be made to the referenced Terms and Conditions. 172. Q: Contract XI.E: “This provision shall be in addition to any other rights or remedies

SEPTA may have in law or equity.” It is customary within the signalling industry that liquidated damages be the sole and exclusive remedy for delay. Therefore, Contractor


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requests that language be inserted making the liquidated damages the sole and exclusive remedy for delay.

R: No changes shall be made to the referenced Terms and Conditions. 173. Q: Contract XI.E: There is no cap on the liquidated damages. It is customary within

the signalling industry that a cap is applicable to the liquidated damages. Therefore, Contractor requests that language providing for a cap not exceeding ten percent (10%) of the Contract Sum be inserted.

R: No changes shall be made to the referenced Terms and Conditions. 174. Q: There is no overall cap on liability. It is customary within the signalling industry

that a cap on the overall liability be applicable. Therefore, Contractor requests that language providing for an overall cap on liability not exceeding one hundred percent (100%) of the Contract Sum be inserted.

R: The following sentence shall be added to the end of the 4th paragraph of Section VIII. Contractor, G. Indemnification: “Contractor’s liability shall not exceed the value of their Contract Award.”

175. Q: There is no exclusion of consequential and indirect damages. It is customary

within the signalling industry that consequential and indirect damages be excluded. Therefore, Contractor requests that language excluding consequential and indirect damages be inserted.

R: The Contract language in the 1st paragraph(page 5) of Section VIII. Contractor, G. Indemnification, shall be revised to strike-out “consequential damages”.

176. Q: Contract XII.C.2nd Paragraph: “...such payments shall be conditioned upon

submission by the Contractor of bills of sale or such other procedures and documents are satisfactory to the Project Manager to establish SEPTA's title to such materials or equipment or otherwise protect SEPTA's interest.” Contractor considers its cost information, which includes bills of sale and other related documents, to be confidential and proprietary and does not disclose such information. Therefore, please delete the requirement to disclose such bills of sale and other related documents.


177. Q: Contract XII.C.1: “Contractor is in default of any of its obligations hereunder or

otherwise is in default under any of the Contract Documents;” The right to withhold payment should be limited to only the scope of work to which the particular Invoice relates. Therefore, Contractor requests that the language be revised accordingly.

R: No changes shall be made to the referenced Terms and Conditions. 178. Q: Contract XII.C.4: “If SEPTA, in its good faith judgement, determines that the

portion of the Contract Sum then remaining unpaid will not be sufficient to complete the


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Work in accordance with the Plans and Specifications, whereupon no additional payments will be due Contractor hereunder unless and until Contractor, at its sole cost, performs a sufficient portion of the Work so that such portion of the Contract Sum then remaining unpaid is determined by SEPTA to be sufficient to so complete the Work;” The right to withhold payment should be limited to clearly defined standards. Furthermore, the right to invoice and thereby receive payment should be governed by the schedule of values to which the parties agree at the beginning of the Contract. Therefore, please delete this Subsection in its entirety.

R: No changes shall be made to the referenced Terms and Conditions. 179. Q: Contract XII.D.3: “The Contractor recognizes that SEPTA receives a large

quantity of funds from Local, State and Federal Governments and that the time required for payment of invoices may, on rare occasions, be affected thereby.” This language suggests that funding for this Project may not be quarantined or appropriated at the present time. Please confirm whether funding for this Project is guaranteed.

R: This Project is fully funded, and SEPTA foresees no issues regarding availability of funds for payment.

180. Q: Contract XII.E.1: “The Contractor expressly agrees that the Project Manager

may, from time to time or whenever the Project Manager deems it necessary in the Project Manager's reasonable discretion, decline to approve an application for payment and may withhold a certificate in whole or in part, to the extent reasonably necessary to protect SEPTA.” The right to withhold payment should be limited to clearly defined standards. Furthermore, the right to invoice and thereby receive payment should be governed by the schedule of values to which the parties agree at the beginning of the Contract. Therefore, please delete this Subsection in its entirety.

R: No changes shall be made to the referenced Terms and Conditions. 181. Q: Bidder respectfully requests that CUSTOMER provide a limitation of Contractor’s

liability for all damages that may arise under the contract. Bidder suggests a cap of 50% of contract value.

R: See response to Question 174. 182. Q: Bidder respectfully requests that CUSTOMER limit damages to direct damages

and exclude other types of damages, including but not limited to, any indirect, incidental, consequential, punitive, treble, speculative, and special damages.

R: See response to Question 175. 183. Q: The Invitation for Bid/RFP’s tight schedule and unlimited liabilities constitute an

inordinate risk to Bidder, thus forcing Bidder to carry additional schedule risk in its bid. Bidder requests the addition of reasonable limitations, including a cap on the amount, for the liquidated damages; Bidder suggests ten percent (10%) of the total contract price.



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184. Q: Bidder requests that CUSTOMER revise the dispute resolution clause to provide for arbitration in New York City under the rules of the American Arbitration Association.

R: No changes shall be made to the referenced Terms and Conditions. 185. Q: Bidder requests that the indemnity language be modified as follows to reflect a

more balanced allocation of risk: Contractor agrees to defend, indemnify and hold harmless Customer from and against all loss and liability for any bodily injuries to persons or physical damage to third party property, arising in connection with the contract, and arising solely out of, or solely caused by, or resulting from the negligence or willful misconduct of Contractor or by any person acting for or by permission of Contractor; provided, however, that Contractor shall not be obligated to indemnify Customer or any other party to the extent such loss or liability arises out of or is caused by or results from the negligence or willful misconduct of Customer or any other party.

R: No changes shall be made to the referenced Terms and Conditions. 186. Q: Ref. General Requirements - The Bid is currently a Low Responsible,

Responsive Bidder RFQ. With the complexity that a bid of this type presents with the differences in potential technological approaches, the contractor requests that the tendering methodology be changed to a "Request for Proposal". In thus way, SEPTA can analyze the "best value" approach and ensure that the solutions presented are based on the technical requirements.

R: No changes shall be made to the Bidding Type Process. 187. Q: The Contractor's current liability under the Contract is unlimited, presenting

inordinate risk to the Contractor. Therefore, the Contractor proposes that any liability of Contractor shall not encompass indirect, consequential, incidental, or special damages of any kind (including loss of profit or revenue). Further, as it is common practice in the industry, the Contractor suggests capping the aggregate liability of the Contractor to the Contract Amount. Please add some language to that effect in the Contract. The Contractor would like to use the following Suggested Language: “Notwithstanding anything herein to the contrary, the Contractor shall not be liable to [customer] for any indirect, special, incidental or consequential damages, including liability for loss of investment, profit, revenue, use operating time, business interruption or otherwise, resulting from, or arising out of the performance of the work or breach of the Contract and the Contractor’s aggregate liability for all damages, arising in connection with the work and/or termination of the work, in whole or in part, shall not exceed one hundred percent (100%) of the Contract value plus the adjusted value per executed change orders.".

R: See responses to Questions 174 & 175. 188. Q: BID Section: Contract for Media Sharon Hill Line Communications-Based Train

Control System XI Time, BID Page No: 16, Article No: E. Liquidated Damages for Delays in Completion. Time is of the essence in the completion of the Work of the Contract. Unless the Completion Date is extended as otherwise provided for in the Contract Documents, liquidated damages in the amount of $101.86 dollars per hour per grade crossing (hereinafter called "Liquidated Damages") shall be assessed for each and every Calendar


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Day, or portion thereof, beyond the Completion Date that the Work is not completed to the Buyer's satisfaction. Such Liquidated Damages may, at the Buyer's election be retained by the Buyer from monies to become due to the Contractor and, if none, Contractor agrees to pay to the Buyer such sums as have been determined not as penalty, but as a bona fide attempt to establish an agreed measure of damages which the Buyer will suffer as a result of delays in the completion of the Work beyond the Completion Date. This provision shall be in addition to any other rights or remedies the Buyer may have in law or equity. Contractor wishes to clarify the application of the LD's and the application to the SOW. This clause appears to be from another SOW.

R: No changes shall be made to the referenced Terms and Conditions. 189. Q: BID Section: Contract for Media Sharon Hill Line Communications-Based Train

Control System V. Execution, Interpretation and Intent, BID Page No: 3, Article No: A., A. It is the intent of the Contract Documents to describe a functionally complete Project (or part thereof) to be constructed in accordance with the Contract Documents. Any work, materials or equipment that may reasonably be inferred from the Contract Documents as being required to produce the intended result will be supplied whether or not specifically called for. When words which have a well-known technical or trade meaning are used to describe Work, materials or equipment such words shall be interpreted in accordance with that meaning. The Contractor respectfully requests the Buyer to provide clarification as to the possible removal of the following clause: Any work, materials or equipment that may reasonably be inferred from the Contract Documents as being required to produce the intended result will be supplied whether or not specifically called for.

R: No changes or deletions shall be made to the referenced clause. 190. Q: BID Section: Contract for Media Sharon Hill Line Communications-Based Train

Control System VIII. Contractor, BID Page No: 4, Article No: I. Warranty of the Work and Maintenance Bonds. - 2. The Contractor hereby guarantees the Work against defective materials or faulty workmanship for a minimum period of one (1) year after final acceptance, as determined by the Buyer and shall replace or repair any defective materials or equipment or faulty workmanship during the period of the guarantee at no cost to the Buyer. As additional security for these guarantees, the Contractor shall, prior to final acceptance by the Buyer, furnish separate Maintenance (or Guarantee) Bonds in form acceptable to the Buyer written by the same corporate surety that provides the Performance Bond and Labor and Material Payment Bond for the Contract, unless otherwise permitted by the Buyer in writing. These bonds shall secure the Contractor's obligation to replace or repair defective materials and faulty workmanship for a minimum period of one (1) year after final acceptance, as determined by the Buyer, and shall be written in an amount equal to one hundred percent (100%) of the Contract Sum, as adjusted (if at all). Samples of the desired bond forms are attached to the Contract for informational purposes. The Contractor respectfully requests the Buyer to modify the percentage from (100%) to (5%).

R: The Maintenance Bond is hereby reduced from 100% of the Contract Sum, to five percent(5%) of the Contract Sum.


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191. Q: BID Section: Contract for Media Sharon Hill Line Communications-Based Train Control System XI. Time, BID Page No: 14, Article No: C. Delays and Extensions of Time. 1.- The Contractor hereby expressly warrants and represents that it shall make no claim for increased costs, charges, expenses or damages against the Buyer for any delays or hindrances experienced in the performance of the Work, whether caused by any act or omission of the Buyer or from any cause whatsoever. In the event completion of any portion of the Work is delayed through no fault or neglect of the Contractor the Completion Date may be extended at no additional cost to the Buyer, in the Buyer's sole discretion, as further provided herein. The Contractor respectfully requests the removal of this clause.


Control System XI. Time, BID Page No: 16, Article No: C. Delays and Extensions of Time. 5. - the Buyer shall be the sole judge of whether any such extension shall be granted. In the event that an extension of the Completion Date is granted, the Buyer's right to liquidated damages, as determined in Paragraph XI.E. (if used), shall be accrued as of the extended Completion Date. The Contractor respectfully requests the removal of this clause. The Contractor respectfully requests, in the event the contractor disputes the determination of extension of time, how is it handled?

R: No changes or deletions shall be made to the referenced clause. Disputes shall be addressed in accordance with provisions contained within the Contract which include, but are not limited to Articles XVIII and XIX.

193. Q: BID Section: Contract for Media Sharon Hill Line Communications-Based Train

Control System IV. Changes In the Work, BID Page No: 31, Article No: D. Determination of Cost/Credit. 2. Fixed Price Lump Sum Amount.- XIV. Changes in the Work. D. Determination of Cost/Credit. 2. Fixed Price Lump Sum Amount. The Contractor respectfully requests the removal of this clause.


Control System XII. Payment and Completion, BID Page No: 18, Article No: D. Certificates for Payment. 3. – The Contractor recognizes that the Buyer receives a large quantity of funds from Local, State and Federal Governments and that the time required for payment of invoices may, on rare occasions, be affected thereby. Contractor respectfully requests consideration in the form of Interest in the case of a late payment.


Control System XIV. Changes In the Work, BID Page No: 34, Article No: J. Field Orders. The Project Manager may issue written field orders which interpret the Contract Documents or which order minor changes, as defined in Paragraph XIV.I. in the Work without change in Contract Sum or Contract Time. The Contractor shall carry out such field orders promptly. The Contractor respectfully requests the Buyer to modify the subject clause to read: "The


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Project Manager may issue written field orders which interpret the Contract Documents or which order minor changes, as defined in Paragraph XIV.I. in the Work so long as Contractor mutually agrees and the orders to do not materially change the Contract Sum or Contract Time. The Contractor shall carry out such field orders promptly.".


Control System XIX. Disputes, BID Page No: 43, Article No: XIX. Disputes A and B.. A. Disputes arising in the performance of the Contract which are not resolved by agreement of the parties shall be decided in writing by the authorized representative of the Buyer's Senior Director of Procurement and Supply Chain Management. This decision shall be final and conclusive unless within ten (10) days from the date of receipt of its copy, the Contractor or the Buyer Project Manager mails or otherwise furnishes a written appeal to the Senior Director of Procurement and Supply Chain Management. In connection with any such appeal, the Contractor or the Buyer Project Manager shall be afforded an opportunity to be heard and to offer evidence in support of its position. The decision of the Senior Director of Procurement and Supply Chain Management shall be binding upon the Contractor and the Buyer. B. Performance During Disputes. Unless otherwise directed by the Buyer, Contractor shall continue performance under the Contract while matters in dispute are being resolved. The Contractor respectfully requests an alternative dispute mechanism. Please consider the following replacement language: A. Disputes arising in the performance of the Contract which are not resolved by agreement of the parties shall be decided alternative dispute resolution through the American Arbitration Association. B. Performance During Disputes. Unless otherwise directed by the Buyer, Contractor shall continue performance under the Contract while matters in dispute are being resolved.

R: No changes shall be made to the referenced Terms and Conditions. However, please be advised that the decision by SEPTA’s Senior Director of Procurement is appealable in a Court of Law.


Control System VIII. Contractor, BID Page No: 5, Article No: E. Indemnification. In addition to all other obligations of Indemnification specified herein, Contractor agrees to release and be liable for and to defend, indemnify and save harmless SEPTA, its Board Members, officers, agents, servants, workmen, employees, subsidizers and indemnities, the Pennsylvania Department of Transportation, the City of Philadelphia and any and all government funding agencies providing funds or services in connection with this Project (hereinafter collectively referred to as "SEPTA"), from and against any and all loss, cost, damage, liability and expense, including consequential damages, counsel fees, whether or not arising out of any claim, suit or action at law, in equity, or otherwise, of any kind or nature whatsoever, including negligence, arising out of the performance of the work by reason of any accident, loss or damage of property, including the work site, property of SEPTA and Contractor, or injury, including death, to any person or persons, including employees of SEPTA, Contractor, subcontractors at any tier or any person working on Contractor's behalf, caused by Contractor, which may be sustained either during the term of


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the Contract, or upon or after completion of the Project, whether brought directly by these persons or by anyone claiming under or through them including heirs, dependents and estates. The Contractor respectfully requests the following modifications to Paragraph 1: 1. Exclude the words “subsidizers and indemnities” from the list of indemnified parties. 2. Delete the phrase “Including consequential damages.”

R: See responses to Questions 174 & 175. 198. Q: BID Section: Contract for Media Sharon Hill Line Communications-Based Train

Control System VIII. Contractor, BID Page No: 5, Article No: EG. Indemnification. - Contractor also agrees for itself and on behalf of its agents, servants, subcontractors, material men and employees to defend, indemnify and hold harmless SEPTA from and against any and all claims of any kind or nature whatsoever regarding subcontractors and material men and agrees to assume the defense of SEPTA to any such suit at its cost and expense. The Contractor further assumes the risk of loss and damage to materials, machinery and equipment to be incorporated in the Work at all times prior to delivery to the Project site or while in the possession or under the control of the Contractor. The Contractor respectfully requests a change to clarify that the claims are claims by Contractor’s subcontractors and that they relate to the performance of the work: “… defend, indemnify and hold harmless SEPTA from and against any and all claims of any kind or nature whatsoever regarding by Contractor’s subcontractors and material men arising out of the performance of the Work and agrees to assume the defense ….

R: See response to Question 160. 199. Q: BID Section: Instructions to Bidders, BID Page No: 7, Article No: 24. Furnishing

Bonds. If awarded this Contract, the Bidder must furnish within ten (10) days after receipt from SEPTA of a notice to award, a properly executed Performance Bond in the amount of 100 percent. The Contractor would like to use the following Suggested Language: "If awarded this Contract, the Bidder must furnish within thirty (30) days after receipt from SEPTA of a notice to award, a properly executed Performance Bond in the amount of 100 percent."


Control System VIII. Contractor, BID Page No: 5, Article No: F. Contract Security. The Contractor shall furnish and maintain properly executed Performance Bonds and Labor and Material Payment Bonds, each written by good and sufficient sureties and in form acceptable to SEPTA, each in the amount of one hundred percent (100%) of the Contract Sum. If any of the sureties on these bonds should become insolvent or bankrupt in a technical or equitable sense, or otherwise become unqualified to underwrite these bonds for one hundred per cent (100%) of the Contract Sum, or the Contract Sum is adjusted so as to exceed the penalties of such bonds, SEPTA may require, on ten ( 10) days written notice, the Contractor to furnish new or additional bonds from the same or different sureties so as to be fully secured at all times for one hundred percent (100%) of the Contract Sum. The desired form of Labor and Material Payment Bond consists of AlA Document A311, while the Performance Bond must be in form acceptable to SEPTA.The Contractor respectfully


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requests the Buyer to modify the "ten (10) days written notice" to "thirty (30) days written notice".


Control System VIII. Contractor, BID Page No: 6, Article No: I. Warranty of the Work and Maintenance Bonds Paragraphs 1 and 2. 1. The Contractor warrants to SEPTA and the Architect or Engineer that all materials and equipment furnished under the Contract will be of highest quality and new unless otherwise specified by SEPTA, free from fauIts and defects and in conformance with the Contract Documents. All Work not so conforming to these standards shall be considered defective. If required by the Project Manager, the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. 2. The Contractor hereby guarantees the Work against defective materials or faulty workmanship for a minimum period of one (1) year after final acceptance, as determined by SEPTA and shall replace or repair any defective materials or equipment or faulty workmanship during the period of the guarantee at no cost to SEPTA. As additional security for these guarantees, the Contractor shall, prior to final acceptance by SEPTA, furnish separate Maintenance (or Guarantee) Bonds in form acceptable to SEPTA written by the same corporate surety that provides the Performance Bond and Labor and Material Payment Bond for the Contract, unless otherwise permitted by SEPTA in writing. These bonds shall secure the Contractor's obligation to replace or repair defective materials and faulty workmanship for a minimum period of one (1) year after final acceptance, as determined by SEPTA, and shall be written in an amount equal to one hundred percent (1 00%) of the Contract Sum, as adjusted (if at all). Samples of the desired bond forms are attached to the Contract for informational purposes. The Contractor respectfully requests the addition of the following: “The Performance Bond and the Labor and Material Payment Bond, provided under the applicable agreement, shall expire at Final Acceptance for the Work performed under this contract. Within five (5) days of Final Acceptance, Bidder will promptly return the original bonds to Contractor or issue a letter of release of such bonds to Contractor.” Specific to the Maintenance Bond, the addition of the following is requested: “The Maintenance Bond, provided under the applicable agreement, shall expire at the end of the contract Warranty Period. Within five (5) days of the expiration of the Warranty Period, Owner will promptly return the original bond to Contractor or issue a letter of release of such bond to Contractor.”

R: See response to Question 190. All other terms of the Maintenance Bond are unchanged.


Control System VIII. Contractor, BID Page No: 6, Article No: I. Warranty of the Work and Maintenance Bonds Paragraphs 1 and 2. 2. The Contractor hereby guarantees the Work against defective materials or faulty workmanship for a minimum period of one (1) year after final acceptance, as determined by SEPTA and shall replace or repair any defective materials or equipment or faulty workmanship during the period of the guarantee at no cost to SEPTA. As additional security for these guarantees, the Contractor shall, prior to final acceptance by SEPTA, furnish separate Maintenance (or Guarantee) Bonds in form


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acceptable to SEPTA written by the same corporate surety that provides the Performance Bond and Labor and Material Payment Bond for the Contract, unless otherwise permitted by SEPTA in writing. These bonds shall secure the Contractor's obligation to replace or repair defective materials and faulty workmanship for a minimum period of one (1) year after final acceptance, as determined by SEPTA, and shall be written in an amount equal to one hundred percent (1 00%) of the Contract Sum, as adjusted (if at all). Samples of the desired bond forms are attached to the Contract for informational purposes. The Contractor respectfully requests to replace “prior to final acceptance” with “within 10 days following the return of the Performance Bond and Labor and Material Bond or letter of release of such bonds.” R: See response to Question 190. All other terms of the Maintenance Bond are unchanged.

203. Q: Section XI. C. 1. Pg. 14 – This section prohibits any rights for claims, in case of

delays caused by others and will not allow the subcontractor to be reimbursed for extended overhead costs. Such a requirement will increase project risk and associated cost. We would like to request from Septa to consider allowing for reimbursement of overhead costs in case the project is extended for any reason not attributed to the Contractor. R: No changes shall be made to the referenced Terms and Conditions.

204. Q: Contract – Sect III.A – the contract states: “The Contract represents the entire and

integrated agreement between the parties hereto and (except for substantial representations made by the Contractor upon which SEPTA was entitled to rely in making the decision to award the Contract to Contractor) supersedes prior negotiations, representations or agreements, either written or oral”. The parenthetical should be deleted, or else any ‘substantial representations’ should be specifically included in the contract. Otherwise, the purpose of this clause is defeated. R: No changes shall be made to the referenced Terms and Conditions.

205. Q: Contract – Sect VII – please clarify, why does 92% of the work have to be performed on SEPTA’s site? And how is the 92% calculated, it is based on dollars, labor hours, or some other measure? R: See response to Question 159.

206. Q: Contract – Sect VIII.C – the Contractor is not agreeable to waiving its rights for any ‘ambiguity’ in the contract documents. The documents were drafted by SEPTA; if there is a later dispute over the meaning of certain language, is should be resolved under Article XIX. R: No changes shall be made to the referenced Terms and Conditions.

207. Q: Contract – Sect VIII.G. – the indemnity language specifically requires Contractor to pay for all ‘consequential damages’; this specific language should be deleted, and specific language should be inserted in this section, or elsewhere, that Contractor is not liable for any type of consequential damages incurred or claimed by SEPTA. (This would be consistent with SEPTA also not being liable for consequential damages under Section XVI.) Additionally, in second paragraph please clarify that Contractor shall only be liable for


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subcontractors and material men hired by Contractor; the defined term “Subcontractor” from Sect IX (with a capital “S”) should be used. R: See responses to Questions 160 & 175.

208. Q: Contract – Sect VIII.T – please clarify that Contractor shall not be required to comply with laws and/or regulations that come into effect during the contract without compensation for any additional time and/or materials required to comply with such laws or regulations. R: See response to Question 162.

209. Q: Contract – Sect VIII.U.3.b. – the requirement for Contractor’s insurers to provide 10

day’s notice to SEPTA prior to cancellation of a policy is not a typical industry practice; please remove this requirement. R: No changes shall be made to the referenced Terms and Conditions.

210. Q: Contract – Sect VIII.V – the Contractor will not disclose its cost information to

SEPTA; please specifically exclude disclosure of Contractor’s cost information from this section. R: See response to Question 165.

211. Q: Contract – Sect IX.B – given the broad definition of “Subcontractor” in Sect IX.A, the

restrictions placed by SEPTA on approving / controlling Subcontractors are not practical; please delete these, or restrict them only to major Subcontractors based on dollar value or work scope. Also, Contractor’s agreements with its Subcontractors are confidential; please clarify that they will not be disclosed to SEPTA. R: Regarding SEPTA’s approval of Subcontractors, no changes shall be made to the referenced Terms and Conditions. Regarding “Contractor’s agreements with its Subcontractors”, No changes shall be made to the referenced Terms and Conditions. However, SEPTA agrees to enter into a Confidentiality Agreement with the Contractor for the requested information, per our response to Question 165.

212. Q: Contract – Sect IX.C – the references to ‘subcontractors, suppliers and material men’

should be limited to those engaged by Contractor. R: See response for Question 160.

213. Q: Contract – Sect XI.C.1 and XI.C.5 – please clarify these sections so that Contractor

shall be entitled to additional compensation and/or time to complete the Word, as necessary, for any delays in Contractor’s Work which are caused by SEPTA and/or SEPTA’s agents or other contractors. R: No changes shall be made to the referenced Terms and Conditions.

214. Q: Contract – Sect XI.D – please revise this language such that Contractor shall be

entitled to additional compensation, as necessary, in the event of a Suspension of the project by SEPTA R: No changes shall be made to the referenced Terms and Conditions.


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215. Q: Contract – Sect XI.E – (i) please adjust the amount of the liquidated damages (specified as $101.86) to a number more typical of the industry for this type of project. (ii) The LDs should only apply beyond the date “the Work is not completed in accordance with the Contract” (as opposed to ‘the satisfaction of SEPTA’). (iii) Please add language that the LDs are the sole and exclusive remedy for delays in completion of the Work (as opposed to ‘in addition to any other rights or remedies’). (iv) Please add a cap on the total amount of LD’s payable equal to 10% of the Contract Sum, which is typical in the industry. And, if the cap is reached, SEPTA would also have the right to terminate the Contract. R: No changes shall be made to the referenced Terms and Conditions.

216. Q: Contract XII.E.1 - The Contractor expressly agrees that the Project Manager may,

from time to time or whenever the Project Manager deems it necessary in the Project Manager's reasonable discretion, decline to approve an application for payment and may withhold a certificate in whole or in part, to the extent reasonably necessary to protect SEPTA. The right to withhold payment should be limited to clearly defined standards. Furthermore, the right to invoice and thereby receive payment should be governed by the schedule of values to which the parties agree at the beginning of the Contract. Please delete this Subsection in its entirety. R: No changes shall be made to the referenced Terms and Conditions.

217. Q: Contract – Sect XII.C. – Please clarify how the percentage of Work completed is

determined; the language section says “as exclusively determined by SEPTA”, but no parameters or sample calculation is given; some objective measurement must be used.

R: No changes shall be made to the referenced Terms and Conditions. 218. Q: Contract – Sect XII.C.1 – Please add language that Contractor has been given

written notice, and a reasonable opportunity to cure, any such default. R: No changes shall be made to the referenced Terms and Conditions.

219. Q: Contract – Sect XII.C.4 – in the absence of any objective standard for SEPTA to use

in making its determination of ‘insufficiency’ under this Section, please remove this language.

R: No changes shall be made to the referenced Terms and Conditions. 220. Q: Contract – Sect XIX.A – please clarify that either party may resort to bringing a de-

novo claim in Court if it is dissatisfied with the decision by SEPTA’s Senior Director of Procurement and Supply Chain Management. Alternatively, it would also be acceptable for either party to bring a de-novo arbitration under the AAA commercial dispute rules before a panel of 3 arbitrators. A decision by SEPTA’s Sr. Director cannot be the final, binding decision on the Contractor.

R: See response to Question 196. 221. Q: Contract – Exhibit V (Insurance) – Sect 9.1(d)(4) – please clarify that Contractor’s

general liability insurance can be on a ‘claims made’ basis (as opposed to an occurrence basis) as this is the prevailing standard.


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R: Contractor’s General Liability policy must be occurrence based. 222. Q: Contract – Exhibit V (Insurance) – Sect 9.1(d)(5) – please clarify that Contractor’s

excess liability insurance is not required to be ‘primary and non-contributory’, as this is at odds with the definition of ‘excess’ coverage, and SEPTA’s insurance should be responsible to the extent any claims are not due to the responsibility of Contractor. R: Contractor’s excess policy will follow form of their CGL policy and provide primary and non-contributory coverage once the CGL policy is exhausted. For additional insured requirements please see 9.2(a) and the indemnity clause in the agreement for Contractor responsibilities.

223. Q: Contract – General – there is no cap on the Contractor’s overall liability; please

include a liability cap equal to the Contract Sum. R: See response to Question 174.

224. Q: ref. Exhibit V, Section 4.1 and 5 - 4.1 - A copy of the OCIP Policies are available,

upon written request, for review at the office of the Sponsor. 5 - Enrolled Parties shall review the OCIP Policies themselves and not rely on any representation by Owner or OCIP Administrator as to such insurance..... Contractor requests a copy of the policies for its review.

R: Attached is the SEPTA OCIP Master Manual. A project specific manual will be created once this job is awarded to a contractor. The project specific manual will contain contact information specific to this project, otherwise no other changes will be made. Lastly, there are no requirements in the policies that are not included in the manual. See attachment entitled SEPTA OCIP Master Manual. A redacted copy of the OCIP Policies will be made available once the successful Contractor has enrolled into the OCIP.

225. Q: ref. Exhibit V, Section 9.2(b) - The limits of insurance provided by each party

shall be the greater of the limits maintained in the normal course of each party's business or the minimum limits specified in this Exhibit. The limits of insurance stated above for each type of insurance are minimum limits only; in the event any party's policy provides greater limits, then the additional insureds shall be entitled to, or to share in, the full limits of such policy, and this Agreement shall be deemed to require such full limits. Contractor requests that this language be revised to specifically state the limits of insurance that the Owner requires rather than an open ended requirement as presently written.

R: Specific Limits are stated in the document. This paragraph states that the limits mentioned in the Exhibit are minimum limits only. In the event that the party has higher limits, then the additional insureds are entitled to the full limits of the policy.

226. Q: Exhibit V, Section 9.2(f) - No such exclusion or limitation may apply to Owner or

any other named or additional insureds. Contractor requests that this language be revised to make it clear that any insurance provided by the Contractor is NOT primary to the OCIP.


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R: If an entity is enrolled in the OCIP then the General Liability Coverage being requested of them is for off-site insurance and in that instance, their coverage would need to be primary.

227. Q: Contract VIII.I.2 - As additional security for these guarantees, the Contractor

shall, prior to final acceptance by SEPTA, furnish separate Maintenance (or Guarantee) Bonds in form acceptable to SEPTA…. These bonds shall secure the Contractor's obligation to replace or repair defective materials and faulty workmanship for a minimum period of one (1) year after final acceptance, as determined by SEPTA..... Please clarify the period to be covered by the Maintenance (or Guarantee) Bonds and when such Bonds are to commence and terminate.

R: The Period applicable to the Maintenance Bonds is defined in Contract Section VIII. I.: 1-Year minimum Warranty and, warranty to be extended by time it took to correct latent defects. Furthermore, the Warranty provisions of the Contract, supercede those of the Specification. With respect to the value of the Maintenance Bonds, please see response to Question 190.

228. Q: Contract XII.C.4 - If SEPTA, in its good faith judgment, determines that the

portion of the Contract Sum then remaining unpaid will not be sufficient to complete the Work in accordance with the Plans and Specifications, whereupon no additional payments will be due Contractor hereunder unless and until Contractor, at its sole cost, performs a sufficient portion of the Work so that such portion of the Contract Sum then remaining unpaid is determined by SEPTA to be sufficient to so complete the Work. Contractor requests that the payment obligations be subject to an objective standard; therefore, Contractor requests that Subsection C.4 be deleted. R: No changes shall be made to the referenced Terms and Conditions.

229. Q: Instructions to Bidders #18. No Goal(s) Established — While SEPTA has not established a goal for this solicitation, we must attempt to use race-neutral means of obtaining DBE participation whenever possible. Exhibit III provides for a DBE Goal of seven percent (7%). Please clarify what DBE Goal, if any, is applicable to this Contract.

R: Strike-out the last paragraph. in Item 18, which reads “No Goal(s) Established -…Exhibit III.”

230. Q: BID Section: Instructions to Bidders & Exhibit III Disadvantaged Business Enterprise (DBE), BID Page No: 6 & 69, Article No: 18 & Exhibit III Disadvantaged Business Enterprise (DBE). Instructions: No Goal(s) Established- While the Buyer has not established a goal for this solicitation, we must attempt to use race-neutral means of obtaining DBE participation whenever possible. In accordance with 49 CFR parts 26.39 and 26.51, we strongly encourage prime contractors to provide subcontracting opportunities that small businesses, including DBEs, can reasonable perform. If the successful bidder will be using a DBE subcontractor/ sub consultant/supplier in conjunction with the contract, the bidder must submit a properly executed DBE Participation Schedule for each participating DBE


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subcontractor/sub consultant/supplier. Please refer to the DBE section, Exhibit III. Exhibit III: DBE Goal: 7 % of the total dollar value of the Contract Sum. Contractor respectfully requests clarification specific to an established DBE Goal. R: Strike-out the last paragraph in Item 18(pg. 6) of the Instructions To Bidders, which reads “No Goal(s) Established -…Exhibit III.” The established DBE Goal as correctly defined in Exhibit III of the Contract is 7%.

231. Q: 01025-2: 1.08 Clause A: In addition to the requirements of this Contract, the payment

items in the Schedule of Items and Prices Bid, Schedule A of the Agreement, shall be governed by the following: Please provide Schedule A as described in this section. R: A mis-titled “Schedule A” was provided, as page 14 of the Instructions To

Bid(Construction Contract Part I). A revised Schedule A is provided with this Addendum.

232. Q: Contractor respectfully requests clarifications relating to a Payment Milestone

Schedule. Is it the Buyer's intent to rely on the Contractor to provide a Payment Schedule representative of the Project solution?

R: Yes, subject to review by and acceptance of SEPTA.

233. Q: Contract III.B.2: “The following Special Condition(s):_______________;” There are no special conditions identified. Please clarify whether there are any Special Conditions?

R: Please insert the word “NONE” on line number 2 of III.B. Furthermore, page 84 of the contract is Intentionaly Left Blank though not marked as such.

234. Q: Per Section B of the Construction Contract, the published prevailing State wage and

benefit rates for electricians for this project are not reflective of the prevailing wage and benefit rates for the project's location. Local 98 IBEW's jurisdiction covers the majority of Montgomery County, the project's location. However, the published rates are reflective of Local 654 IBEW (Chester) whose jurisdiction covers only a 4-mile portion of Rt. 101 between Saxer Ave. Station and Orange St. Station or approximately 1/3 of the total route length of Routes 101 and 102 combined. Please update the electrician wage rates to reflect the correct IBEW Local. R: Please see the attached Revised Labor Wage Rate Determination, dated 6/15/15, for this Project.

235. Q: Section for Planning, Scheduling and Progress Monitoring Specifications Network Page 59 - Part 6. STATEMENT: "The Coordinating Contractor shall submit this data on standard 3-1/2 inch computer disk. Can the data be submitted by alternate format such as email file attachment, Memory Stick, or CD?

R: Yes.

236. Q. Will Septa consider a mobilization fee to ensure positive cash flow for the contractor? R: No.


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237. Q: Ref. Contract VIII.F and Exhibit VI - The Contractor shall furnish and maintain properly executed Performance Bonds and Labor and Material Payment Bonds, each written by good and sufficient sureties and in form acceptable to SEPTA….. Is the bond form provided in Exhibit VI the only bond form that may be used? R: No.

End of Addendum 3