4. Provide a revised Section 17 and Section 27 to PhilaPort s Instruction to Bidders (attached)

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1 Philadelphia Regional Port Authority November 19, 2018 To: All Bidders From: Kate Bailey Director of Procurement Re: ADDENDUM NO. 2 Project Site 2 Final Improvements at AutoPort This Addendum No. 2 is issued to: 1. Clarify the following regarding the basis of award: The basis of award is the total base bid price (Item Nos. BB-1 and BB-2). PhilaPort reserves the right to award any, all or a combination of the alternates in addition to the Base Bid. 2. Clarify the following regarding unit pricing: The Contractor is responsible for providing a unit price bid, based on the approximate quantity listed on the Bid Form, that is inclusive of all components listed in the respective description of that item in Section , Unit Prices. The approximate quantity is listed for bidding purposes. Payment will be based upon the actual measured quantity of that item installed/completed. 3. Clarify that per our General Conditions (Section XV, Page 21), the maximum allowed lump sum price for Mobilization is $90,000. A bid that has a mobilization line item that exceeds this amount may be withdrawn and deemed non-responsive. 4. Provide a revised Section 17 and Section 27 to PhilaPort s Instruction to Bidders (attached) 5. Provide revised langue for the Bidder Responsiveness Section of the Bid Form ( Bid Document, Part 2, Bid Form Section II, Bidder Responsiveness Section, Section A, v.) This section should read as follows: (1) That the Bidder (or the labor force) participates at the time of the bid submission in an approved Apprenticeship Program as defined in the General Conditions for each craft or trade of the labor force contemplated to perform the work, (2) that such Program is currently registered with the Pennsylvania Apprenticeship and Training Council and (3) that such Program has apprentices and trainees currently participating. 6. Clarify the following regarding Lighting:

2 Philadelphia Regional Port Authority It is assumed that the design/engineering services required for the high mast lighting system will be completely covered by the Base Bid items. The lighting costs associated with the alternates (Alt Nos. E & F) will be limited to the furnishing and installing of the system within the respective alternate area limits. 7. Provide a form for submission for volume and source for fill material (attached) 8. Clarify that all contractor provided material must meet the pa clean fill criteria 9. Clarify that PhilaPort will accommodate changes for the fluctuating asphalt index: The quantities of bituminous material bid in this contract contains sufficient asphalt cement so that the bituminous price adjustment specified in PennDOT Publication 408, Current Edition, Section Price Adjustment of Bituminous Materials will be incorporated by reference herein. When the bituminous material used, or indicated for placement exceeds the 100-ton threshold then a bituminous price adjustment will be allowed as per PennDOT Specifications Form 408, Current Edition, Section Price Adjustment of Bituminous Materials. If the bituminous material incorporates RAP or RAS in the mix design the 100-ton limit and the bituminous price adjustment will only be calculated on the virgin asphalt. The Base Bid Price Index (IB) will be calculated using the month in which the project is first advertised and the work is in the applicable Zone. The Bidder will be responsible for completing a CS-1PA Price Adjustment of Bituminous Materials calculation form if applicable. The bidder will provide this form with the invoices and the invoices will show the per ton or per SY price in the bid and the lump sum price increase or decrease supported with CS-1PA calculation form. The bidder shall also supply PhilaPort with a copy of the bituminous mix design for each material supplied with the initial CS-1PA form or if the bituminous mix design changes. Prior to the start of the work the bidder shall provide PhilaPort with the per ton or per SY calculation of the bituminous price adjustment All other terms and conditions remain unchanged. Bidders shall acknowledge receipt of this addendum by immediately faxing a copy of the completed acknowledgment to Kate Bailey at or procurement@philaport.com

3 Philadelphia Regional Port Authority ACKNOWLEDGMENT OF RECEIPT OF ADDENDUM NO. 2 Project Site 2 Final Improvements at AutoPort Date By Company Telephone Fax

4 REVISED INSTRUCTIONS TO BIDDERS (Sections 17 and 27) Philadelphia Regional Port Authority

5 Addendum 2: 1. Section 17 of the Instructions to Bidders is replaced in its entirety with: Section 17 Requests for Additional And Corrected Information: A. Evaluation of Responsibility. In evaluating the Bid Proposal Form, in addition to price, PhilaPort may consider completion time, Bidder s experience, past record of Bidder in meeting commitments and any other general factors that may be deemed pertinent to the Bidder s responsibility as a contractor and the best interests of PhilaPort. PhilaPort reserves the right to request Bidder to provide additional information prior to award of contract. B. Evaluation of Responsiveness. The failure to execute or complete a blank on the Bid Form shall cause the Bid to be rejected only if the amount of the base Bid or a Unit Price cannot be determined. The failure of the Bidder to sign the Bid Proposal Form shall be conclusively treated as a nonresponsive Bid, and the Bid shall be rejected. The failure to attest to the signature made on behalf of a corporate Bidder or a Bidder which is Limited Liability Company shall not make the Bid nonresponsive. C. Conditioned Bid. The Bidder shall not condition, qualify, or otherwise assert a stipulation of any kind in the Bid. Any condition, qualification or stipulation added to the Bid and Certification Form shall be disregarded and the Bid accepted as if the condition, qualification or stipulation did not appear. Only in the event that, notwithstanding the disregarding of the condition, qualification or stipulation, the amount of the Base Bid cannot be determined shall the Bid be rejected. D. Incomplete and Insufficient Submittals. Provided that the integrity of the amounts of the Base Bid, Alternatives, and Unit Prices are not compromised, the failure of the Bidder to submit with his completed and executed Bid and Certification Form, (1) a document required by these Instructions, including but not limited to a Non-Collusion Affidavit, (2) documents required to establish participation in an approved Apprenticeship Program, (3) documents otherwise required to be included with the Bid, or to provide a complete document, shall be conclusively treated as an irregularity which, in the discretion of PhilaPort may be ignored and the Bid accepted, provided that the omitted document or missing portion of the document is submitted after the Bid within three (3) days of written notice from PhilaPort of the deficiency and of the opportunity to cure. In the event the Bidder fails, refuses or neglects to submit any requested information within the three (3) business days of the request, Bidder s bid guaranty may be forfeited to the use of PhilaPort. 2. Section 27 of the Instructions to Bidders is replaced in its entirety with: Section 27 Apprenticeship Training Program Participation: To qualify as a responsive bidder for the purposes of this bid, the Bidder must certify (1) that the Bidder (or the labor force) participates at the time of the bid submission in an approved Apprenticeship Program as defined in the General Conditions for each craft or trade of the labor force contemplated to perform the work, (2) that such Program is currently registered with the Pennsylvania Apprenticeship and Training Council and (3) that such Program has apprentices and trainees currently participating /19/2018

6 To qualify as a responsible contractor and to comply with contractual requirements, the awarded Contractor shall utilize labor enrolled in an approved Apprenticeship Program registered with the Pennsylvania Apprenticeship and Training Council for each craft or trade of the labor force necessary to perform the work for the full duration of the contract Work. 3. A new bid certification form is attached to this addendum. 4. Paragraph 2 of Section III, E. of the General Conditions is replaced in its entirety with: 2. The Contractor and all Subcontractors of whatever tier agree to employ or utilize labor that participates in an approved Apprenticeship Program as defined herein for each craft or trade of the labor force performing the Work. An approved Apprenticeship Program is one that is registered at the time the Contract is executed with the Pennsylvania Apprenticeship and Training Council. Apprentices employed on the Project shall be those participating in the approved Apprenticeship Program and whose training and employment are in full compliance with the provisions of the Act dated July 14, 1961 (P.L. 604), as amended, known as The Apprenticeship and Training Act and the rules and regulations issued pursuant thereto. Any employee using the tools of a craft who does not qualify as an apprentice within the provisions shall be paid the minimum wage predetermined for journeymen in that particular craft and/or classification /19/2018

7 Philadelphia Regional Port Authority FORM FOR SUBMISSION FOR VOLUME AND SOURCE FOR FILL MATERIAL

8 FILL MATERIAL VOLUME AND SOURCE PROJECT FORM FOR SUBMISSION (per Addendum 2) The volume submission is required as part of the evaluation of bidder s responsiveness. The volume submission will be utilized as part of the determining factors for bidder responsibility. PhilaPort reserves the right to require additional information pursuant to Section 27 of the Instruction to Bidders are revised per Addendum 2 for this project. ALL CONTRACTOR PROVIDED MATERIAL MUST MEET THE PA CLEAN FILL CRITERIA Volume (Cubic Yards) Source (quarry, project, etc.) *TOTAL VOLUME (CY): (* Total Volume must be equal or greater than the contractor total provided quantity in the bid form) I certify that the above sources and volumes will be available in sufficient quantity and time to meet the project deadlines. If a source is not available timely or in a sufficient quantity, I understand that I am responsible to provide all suitable replacement material at no additional cost or schedule impact to PhilaPort. Certified By: Name Date Company Title