STATE OF DELAWARE
DEPARTMENT OF TRANSPORTATION
BR 3-162 ON S466 DELAWARE AVE OVER BROAD CREEK
Federal Aid No. EBHOS-S466(01)
Advertisement Date: November 16, 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 15, 2020
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Contract No. T201607602
BR 3-162 on S466 Delaware Ave over Broad Creek
Federal Aid Project No. EBHOS-S466(01)
A. BIDS DUE: December 15, 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: 5% Disadvantaged Business Enterprise Percent
D. OJT TRAINEES: Zero (0)
E. LOCATION: Sussex 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 the replacement of the existing
superstructure in-kind. The superstructure replacement includes, prestressed beams, beam bearing pads, concrete
barriers, sidewalks, and the asphalt riding surface. The proposed width and layout of the bridge and roadway will remain
approximately the same as the existing conditions after construction is complete. Additional rehabilitation work will be
performed on the substructure of the bridge (which includes the concrete abutments and pier) to seal cracks, repair
spalls, and clean, parge and paint the existing concrete surfaces. Minor reconstruction of the approach roadway will
also be performed in order to create a smooth transition. Work will be performed under a full road closure with a posted
detour for vehicles and pedestrians.
Replacement of the bridge is expected to begin after the replacement of Records Pond Dam, located upstream of
G. COMPLETION TIME: All work on this contract must be complete within 103 Calendar Days.
The Contract Time includes an allowance for 12 Weather Days.
The Department's intent is to issue a Notice to Proceed for work to start on or about June 7, 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; email@example.com
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.
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Contract No. T201607602
L. ROAD USER COSTS, LIQUIDATED DAMAGES:
The contract drawings and notes provide a sequence of construction for this contract. Time is an essential element of
this Contract. Temporary traffic conditions shown on the Plans and listed herein will result in significant congestion,
delay, and/or operational constraints to the traveling public. Values associated with incentives and liquidated damages
described herein are based on a percentage of the road user costs (RUC) calculated for the travelling public using the
1. RUC Liquidated Damages for Extended Closures
As detailed in the Plans, all work must be completed and the road fully reopen to traffic in 103 calendar days, which
includes an allotment of 12 weather days.
The Department will assess the Contractor RUC liquidated damages for failure to have the road fully open to traffic
within the 103 calendar days allotted. The disincentive will be $3,200.00 for each calendar day the work remains
incomplete and the road is not fully open to traffic. The maximum RUC liquidated damage assessment will not exceed
15 calendar days or $48,000.00. The assessment may be deducted from any monies due or to become due to the
Contractor. Should the Contractor fail to substantially complete the work and have the road fully open to traffic by the
118th calendar day, liquidated damages will be assessed on the contract as a whole in accordance with Section 108.08
of the Standard Specifications until such time as all of the work is complete.
A calendar day for the determination of incentives and RUC liquidated damages will be calculated as the 24-hour period
beginning at the time the road closure begins. For example, if the road closure begins at 8:00 pm, one calendar day will
be up to 7:59 pm the following day. As such, no consideration will be given for partial calendar days.
2. Updates and Other General Conditions
a) In order to minimize disruption and cost to the traveling public, the Contractor shall give his/her full attention
to this project, such that all work will be completed as soon as possible after “Notice to Proceed”.
b) Project changes that are ordered by DelDOT, such as plan revisions, change order additions, and delays, that
cause the project completion date to shift to a later time will allow for the establishment of a revised project
completion date. In that event, the maximum RUC liquidated damage assessment would be applied for a period
of 15 calendar days after the newly established project completion date. Circumstances that shall not cause the
project completion date to change include, but are not limited to, subcontractor non-performance, inability to
meet scheduled activity durations, lack of manpower and/or equipment, and late material deliveries.
c) The “Road User Costs” specified in paragraph A, above do not alter or replace the liquidated damages as
specified in Standard Specification Subsection 108.08 “Failure to Complete on Time”. Once the Contract
Completion Date has been reached, liquidated damages will be assessed on the Contract as a whole.
The completeness of the work shall be determined solely by the Engineer.
M. PROSPECTIVE BIDDERS NOTES:
1. BIDDERS MUST BE REGISTERED with DelDOT in order to submit a bid. E-Mail firstname.lastname@example.org or call
(302) 760-2031 to request registration information.
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Contract No. T201607602
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 email@example.com 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. T201607602
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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