STATE OF DELAWARE
DEPARTMENT OF TRANSPORTATION
A STREET SHARED USE PATH, WILMINGTON
Federal Aid No. ESTP-2020(01)
Advertisement Date: November 5, 2020
INCLUDED IN THIS DOCUMENT:
PROSPECTIVE BIDDERS NOTES
QUANTITY SHEET SUMMARY
ADDITIONAL BID PROPOSAL ITEMS:
ATTACHED OR POSTED DOCUMENTS:
QUESTIONS & ANSWERS (if posted)
GUARDRAIL END-TREATMENT INFO
PAPER BIDDERS CONTACT DELDOT
FOR BID SUBMITTAL DOCUMENTS:
DRUG TESTING AFFIDAVIT
BID BOND FORM
CD FOR BID PRICE ENTRY & PRINTING
This Bid Proposal and related documents can be viewed on bids.delaware.gov and bidx.com/de/
Internet Bids for Bidders with Bid Express® accounts can be submitted at BIDX.com/de; OR;
Paper Bids with CD will be received in the Bidder's Room at the DelDOT Administration Building, Dover, DE;
ALL BIDS DUE PRIOR TO 2:00 P.M. Local Time, December 8, 2020
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A Street Shared Use Path, Wilmington
Contract No. T201912101
Federal Aid Project No. ESTP-2020(01)
A. BIDS DUE: December 8, 2020 PRIOR TO 2:00 P.M. Local Time – unless changed via Addendum.
LOCATION: Bidder’s Room, DelDOT Administration Building, 800 South Bay Road, Dover, DE 19901.
OR; Bidders with Bid Express® accounts can submit bids at BIDX.com/de.
B. PRE-BID MEETING: No
C. DBE GOAL: 10% Disadvantaged Business Enterprise Percent
D. OJT TRAINEES: Zero (0)
E. LOCATION: New Castle County
These improvements are more specifically shown on the Location Map(s) of the attached Plans.
F. DESCRIPTION: The improvements consist of furnishing all labor and materials for providing a shared use path on
the south side of A. Street between S. Walnut St. and S. Church St. in the City of Wilmington. The sidewalk on A. Street
between S. Church St. and S. Buttonwood St. will be reconstructed.
G. COMPLETION TIME: All work on this contract must be complete within 124 Calendar Days.
The Contract Time includes an allowance for 13 Weather Days.
The Department's intent is to issue a Notice to Proceed for work to start on or about March 12, 2021.
H. SPECIFICATIONS FOR ROAD AND BRIDGE CONSTRUCTION, DELAWARE DEPARTMENT OF
TRANSPORTATION, AUGUST 2016 apply to this Bid Proposal and Project. The Contractor shall make himself aware
of any revisions and corrections (Supplemental Specifications, if any) and apply them to the applicable item(s) of this
contract. The Standard and Supplemental Specifications can be viewed here. Units of Measure can be found at 101.04.
I. ATTACHMENTS: Included as part of this Bid Proposal are; Project Plans; Questions & Answers (if posted);
Addenda, Referenced Documents, Documents Posted with this Bid Proposal; and Bid documents mailed to contractors.
J. ADDENDA: All Addenda are posted on the internet at bids.delaware.gov, and bidx.com/de/ and are included as part
of the Bid Proposal. The Bidder is responsible to check the Website as needed to ensure that the Bidder is aware of
Addenda that are included in the Bid Proposal. If Addenda are issued, the final Addendum will be posted no later than
the end of the day two business days prior to the bid date. Each Addendum number and issue date must be entered on
the submitted Certification Form. This original Bid Proposal will not be updated, you must refer to each Addendum.
K. QUESTIONS: E-MAIL TO; firstname.lastname@example.org
Questions regarding this project are to be e-mailed to the above address no less than six business days prior to the bid
opening date in order to receive a posted response. Please include the Contract number in the subject line. Questions
and responses are posted at bids.delaware.gov, and bidx.com/de/. The date of the final posted Questions and Answers
document must be entered on the submitted Certification Form.
L. PROSPECTIVE BIDDERS NOTES:
1. BIDDERS MUST BE REGISTERED with DelDOT in order to submit a bid. E-Mail email@example.com or call
(302) 760-2031 to request registration information.
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Contract No. T201912101
2. BIDS MUST BE SUBMITTED VIA:
(a) Internet - Bidders with Bid Express® accounts can submit bids at www.bidx.com/de/.
(b) Paper Bid with supplied CD and printout of Bid Item prices and all required documents and forms.
For paper bids, contact DelDOT at firstname.lastname@example.org or (302) 760-2031 to request a CD for bidding, required
forms, and instructions. Bidders enter their Bid Item prices onto the supplied CD then print the form and submit
the form along with the CD and other required documents prior to the Bid due date and time.
(CD’s cannot be used to submit bids to bidx.com)
Do not submit both Internet and Paper Bids. If so, the Internet bid will be rejected.
3. SURETY BOND - Each proposal must be accompanied by a deposit of either surety bond or security for a sum equal
to at least 10% of the amount bid.
4. DRUG TESTING - Regulation 4104; The state Office of Management and Budget has developed regulations that
require Contractors and Subcontractors to implement a program of mandatory drug testing for Employees who work
on Large Public Works Contracts funded all or in part with public funds pursuant to 29 Del.C. §6908(a)(6). Refer to
the full requirements at the following link:
Note a few of the requirements;
* At bid submission - Each bidder must submit with the bid a single signed affidavit certifying that the bidder and
its subcontractors has in place or will implement during the entire term of the contract a Mandatory Drug Testing
Program that complies with the regulation (a blank affidavit form is attached);
* At least two business days prior to contract execution - The awarded Contractor shall provide to DelDOT copies
of the Employee Drug Testing Program for the Contractor, each participating DBE firm, and all other listed
* Subcontractors - Contractors that employ Subcontractors on the job site may do so only after submitting a copy
of the Subcontractor's Employee Drug Testing Program along with the standard required subcontractor
information. A Subcontractor shall not commence work until DelDOT has approved the program in writing.
5. PERFORMANCE-BASED RATING SYSTEM - 29 Del.C. §6962 (c)(12)(a) requires DelDOT to include a
performance-based rating system for contractors. The Performance Rating for each Contractor shall be used as a
prequalification to bid at the time of bid. Refer to 'General Notices' for details.
6. NO RETAINAGE will be withheld on this contract unless through the Performance-Based Rating System.
7. EXTERNAL COMPLAINT PROCEDURE can be viewed on DelDOT’s Website,
https://deldot.gov/Business/cr/index.shtml?dc=civil_rights_eeo or request a copy by calling (302) 760-2555.
8. DBE PROGRAM REQUIREMENTS (49CFR §26.53(b)(3)(i)(B)) require submission of DBE participation
information from the apparent low bidder no later than five (5) calendar days after bid opening,
9. FLATWORK CONCRETE TECHNICIAN CERTIFICATION TRAINING:
Section 501.03, 503.03, 505.03, 610.03, 701.03 and 702.03 of the 2016 Standard Specifications require contractors to
provide an American Concrete Institute (ACI) or National Ready-Mix Concrete Association (NRMCA) certified
concrete flatwork technician to supervise all finishing of flatwork concrete.
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Contract No. T201912101
The Delaware specifications entitled "Standard Specifications for Road and Bridge Construction August, 2016", hereinafter
referred to as the Standard Specifications; the Supplemental Specifications to the Standard Specifications effective as of the
advertisement date of this Bid Proposal and hereby included by reference; the Special Provisions; Notes on the Plans; this
Bid Proposal including referenced documents; any Addenda thereto; and any posted Questions and Answers; shall govern
the work to be performed under this contract. The Contractor shall make itself aware of these specifications, revisions and
corrections, and apply them to the applicable item(s) of this contract.
Under any Section or Item included in the Contract, the Contractor shall be aware that when requirements, responsibilities,
and furnishing of materials are outlined in the details and notes on the Plans and in the paragraphs preceding the " Basis of
Payment" paragraph in the Standard Specifications or Special Provisions, no interpretation shall be made that such
stipulations are excluded because reiteration is not made in the "Basis of Payment" paragraph.
ATTESTING TO NON-COLLUSION :
The Department requires as a condition precedent to acceptance of bids a sworn statement executed by, or on behalf of, the
person, firm, association, or corporation to whom such contract is to be awarded, certifying that such person, firm,
association, or corporation has not, either directly or indirectly, entered into any agreement, participated in any collusion,
or otherwise taken any action in restraint of free competitive bidding in connection with such contract. The form for this
sworn statement is included in the proposal and must be properly executed in order to have the bid considered.
The quantities shown are for comparison of bids only. The Department may increase or decrease any quantity or quantities
without penalty or change in the bid price.
PERFORMANCE-BASED RATING SYSTEM
29 Del.C. §6962 (c)(12)(a) requires a Department of Transportation project, excluding a Community Transportation Fund
or municipal street aid contract, to include a performance-based rating system. At the time of bid, the Performance Rating
for each Contractor shall be used as a prequalification to bid.
Bidders with Performance Rating scores equal to or greater than 85% shall be permitted to bid. Bidders with scores of less
than 85% who comply with the retainage requirements of 29 Del.C. §6962 shall be permitted to bid provided the Agreement
to Accept Retainage (located on the Certification Page) is executed and submitted with the bid. Lack of an executed
Agreement to Accept Retainage will result in the rejection of the bid by the Department. Successful bidders awarded
Department contracts who have no performance history within the last five (5) years will be assigned a provisional
Performance Rating of 85% at the date of advertisement.
Notification of Performance Rating. The Department shall post publicly the Performance Rating for all Contractors on the
Department's website. DelDOT will complete performance-based evaluations on the construction company contracted by
the Department to build the project (the "Contractor"). Provisions to appeal Performance Ratings are described in the
regulations. The regulations are set forth in Section 2408 of Title 2, Delaware Administrative Code, found here.
EQUALITY OF EMPLOYMENT OPPORTUNITY ON PUBLIC WORKS :
Delaware Code, Title 29, Chapter 69, Section 6962, Paragraph (d), Subsection (7) states;
a. As a condition of the awarding of any contract for public works financed in whole or in part by State appropriation,
such contracts shall include the following provisions:
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Contract No. T201912101
During the performance of this contract, the contractor agrees as follows:
1. The contractor will not discriminate against any employee or applicant for employment because of race, creed,
color, sex, sexual orientation, gender identity or national origin. The contractor will take positive steps to ensure
that applicants are employed and that employees are treated during employment without regard to their race,
creed, color, sex, sexual orientation, gender identity or national origin. Such action shall include, but not be limited
to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or
termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The
contractor agrees to post in conspicuous places available to employees and applicants for employment notices to
be provided by the contracting agency setting forth this nondiscrimination clause.
2. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor,
state that all qualified applicants will receive consideration for employment without regard to race, creed, color,
sex, sexual orientation, gender identity or national origin.
3. The contractor will ensure employees receive equal pay for equal work, without regard to sex. Employee pay
differential is acceptable if pursuant to a seniority system, a merit system, a system which measures earnings by
quantity or quality of production, or if the differential is based on any other factor other than sex.
TAX CLEARANCE :
As payments to each vendor or contractor aggregate $2,000, the Division of Accounting will report such vendor or contractor
to the Division of Revenue, who will then check the vendor or contractor's compliance with tax requirements and take such
further action as may be necessary to ensure compliance.
A person desiring to engage in business in this State as a contractor on a project designated to include federal funds, shall
obtain a Delaware business license upon making application to the Division of Revenue. Proof of said license compliance
to be made prior to, or in conjunction with, the execution of a contract to which he has been named.
SUBCONTRACTOR LICENSE: 29 DEL. C. §6967:
(c) Any contractor that enters a public works contract must provide to the agency to which it is contracting, within 30
days of entering such public works contract, copies of all occupational and business licenses of subcontractors and/or
independent contractors that will perform work for such public works contract. However, if a subcontractor or
independent contractor is hired or contracted more than 20 days after the contractor entered the public works contract
the occupational or business license of such subcontractor or independent contractor shall be provided to the agency
within 10 days of being contracted or hired.
DIFFERING SITE CONDITIONS:
SUSPENSIONS OF WORK and SIGNIFICANT CHANGES IN THE CHARACTER OF WORK:
Differing site conditions: During the progress of the work, if subsurface or latent physical conditions are encountered at the
site differing materially from those indicated in the contract of if unknown physical conditions of an unusual nature, differing
materially from those ordinarily encountered and generally recognized as inherent in the work provided for in the contract
are encountered at the site, the party discovering such conditions shall promptly notify the other party in writing of the
specific differing conditions before they are disturbed and before the affected work is performed.
Upon written notification, the engineer will investigate the conditions, and if he/she determines that the conditions materially
differ and cause an increase or decrease in the cost or time required for the performance of any work under the contract, an
adjustment, excluding loss of anticipated profits, will be made and the contract modified in writing accordingly. The
engineer will notify the contractor of his/her determination whether or not an adjustment of the contract is warranted.
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