BSD270001-CHILLERDRD_specs.pdf

BRANDYWINE SCHOOL DISTRICT

Darley Rd Early Education Center

Boiler/Chiller Replacement 500 Darley Road, Claymont, DE 19703

Project Manual

BSA+A Project No. 25.008

GSS Submission

NOT FOR BIDDING

July 29, 2026

Project Manual Darley Road Early Education Center – Boiler/Chiller

Replacement

BSA+A Project No. 25.008

OWNER ARCHITECT

Brandywine School District BSA+A, Inc.

1311 Brandywine Boulevard 954 Justison St.

Wilmington, DE 19809 Wilmington, DE 19801

(302) 658.9300

GSS Submission – NOT FOR BIDDING July 29, 2026

GSS Submission – NOT FOR BIDDING July 29, 2026

CONTRACT # BSD270001-CHILLERDRD

SPECIFICATIONS

FOR

DARLEY ROAD EARLY EDUCATION CENTER

BOILER/CHILLER REPLACEMENT

IN

500 DARLEY ROAD

CLAYMONT, DE 19703

PREPARED

BY

BUCK SIMPERS ARCHITECT + ASSOCIATES

JULY 29, 2026

GSS SUBMISSION

NOT FOR BIDDING

DARLEY RD EEC BOILER/CHILLER REPLACEMENT NOT FOR BIDDING

BRANDYWINE SCHOOL DISTRICT JULY 2026

SECTION 00 01 07 - SEALS PAGE

DESIGN PROFESSIONALS OF RECORD

Architect

BSA+A, Inc

954 Justison St.

Wilmington, DE 19801

P. (302) 658.9300

F. (302) 658.1125

END OF SECTION

SEALS PAGE 00 01 07 - 1

00 01 10 - TABLE OF CONTENTS

DIVISION 00 – PROCUREMENT AND CONTRACT REQUIREMENTS

00 00 00 Cover Sheet

00 01 01 Project Title Sheet 00 01 07 Seals Page

00 01 10 Table of Contents

00 01 15 Contract Drawings 00 11 16 Invitation to Bid

00 21 13 Instructions to Bidders

00 41 13 Bid Forms

00 43 13 Bid Bond

00 52 13 Standard Form of Agreement Between Owner and Contractor (AIA A101 – 2017) 00 54 13 Supplement to Agreement Between Owner and Contractor (AIA A101 – 2017)

00 54 14 Supplement to A101-2017 – Exhibit A – Insurance and Bonds

00 61 13.13 Performance Bond Form 00 61 13.16 Payment Bond Form

00 72 13 General Conditions (AIA A201 – 2017) 00 73 13 Supplementary General Conditions (AIA A201 – 2017)

00 73 44 BSA+A Electronic Release Form

00 81 13 General Requirements 00 81 14 Drug Testing Forms

00 81 15 Affidavit of Craft Training

DIVISION 01 – GENERAL REQUIREMENTS

01 10 00 Summary

01 22 00 Unit Prices

01 25 00 Substitution Procedures 01 25 01 Substitution Request Form

01 26 00 Contract Modification 01 29 00 Payment Procedure

01 29 01 Application for Payment (AIA G702 – 1992)

01 29 02 Continuation Sheet (AIA G703 – 1992) 01 31 00 Project Management & Coordination

01 32 00 Construction Progress Documentation

01 32 33 Photographic Documentation 01 33 00 Submittal Procedure

01 60 00 Product Requirements

01 62 00 Material and Equipment

01 73 29 Cutting and Patching

01 77 00 Closeout Procedures

Divisions 02 through 22: Not Used

TABLE OF CONTENTS 00 01 10 - 1

DIVISION 22 – PLUMBING

22 00 00 General Provisions – Plumbing

22 00 10 Basic Materials and Methods – Plumbing 22 00 30 Insulation & Covering – Plumbing

22 01 20 Domestic Water Systems – Plumbing 22 01 30 Gas Piping Systems – Plumbing

22 01 90 Testing – Plumbing

DIVISION 23 – HVAC

23 02 00 General Provisions – HVAC

23 02 10 Basic Materials and Methods – HVAC

23 02 10 Basic Materials and Methods – HVAC 23 02 15 Valves

23 02 30 Insulation & Covering – HVAC

23 03 00 Vibration Isolation – HVAC 23 04 00 Heating Generation Equipment

23 04 10 Heating Generation Auxiliary Equipment 23 04 50 Refrigeration Equipment – HVAC

23 05 00 Piping Systems & Accessories – HVAC

23 05 10 Water Treatment (HVAC) 23 06 00 Air Distribution & Accessories – HVAC

23 06 05 Fans 23 09 00 Automatic Temperature Controls (DDC)

23 09 50 Testing & Balancing of Mechanical Systems

TABLE OF CONTENTS 00 01 10 - 2

00 01 15 – CONTRACT DRAWINGS

001 COVER SHEET

S100 STRUCTURAL DETAILS

E101 DEMOLITION PLANS - ELECTRICAL

E111 NEW CONSTRUCTION PLANS – ELECTRICAL

M101 DEMOLITION PLANS – MECHANICAL

M111 NEW CONSTRUCTION PLANS – MECHANICAL

M501 SCHEDULES & LEGENDS – MECHANICAL

CONTRACT DRAWINGS 00 01 15 - 1

SECTION 00 11 16 – INVITATION TO BID

INVITATION TO BID

Sealed bids for Darley Rd Early Education Center Boiler/Chiller Replacement Contract No. BSD270001-

CHILLERDRD, will be received by Brandywine School District, Facilities Office at 1000 Pennsylvania

Ave, Claymont, DE 19703 until 1:00 PM local time on September 24, 2026, at which time they will be publicly opened and read aloud in the Facilities Office at 1000 Pennsylvania Avenue, Claymont, DE

19703. Bidder bears the risk of late delivery. Any bids received after the stated time will be returned un-opened.

Project involves the Demolition and replacement of boiler, chiller, and cooling tower systems, and plumb-ing/HVAC/electrical work associated with these activities. New concrete boiler pads and structural rein-forcement to the existing cooling tower dunnage.

A MANDATORY Pre-Bid Meeting will be held on August 21, 2026, at the Darley Rd Early Education

Center at 500 Darley Road Claymont, DE 19703 at 10:00 AM for the purpose of establishing the listing of subcontractors and to answer questions. Representatives of each party to any Joint Venture must at-tend this meeting. ATTENDANCE OF THIS MEETING IS A MANDATORY PREREQUISITE

FOR BIDDING ON THIS CONTRACT.

Sealed bids shall be addressed to Brandywine School District, Darley Rd EEC Boiler/Chiller Replace-ment, Attn John Read, Director of Facilities. The outer envelope should clearly indicate: Brandywine

School District CONTRACT NO. BSD270001-CHILLERDRD - SEALED BID - DO NOT OPEN."

Contract documents will be made available for printing on the day of the Pre-Bid Meeting, August 21, 2026. Bidders shall withhold any questions until the Pre-Bid meeting. Contract documents will be avail-able at the office of RCI Printing & Graphics at 298 Churchmans Rd, New Castle, DE 19720 upon receipt of $40.00 per set (Non-refundable). Checks are to be made payable to “RCI Printing and

Graphics”.

Bidders will not be subject to discrimination on the basis of race, creed, color, sex, sexual orientation, gender identity or national origin in consideration of this award, and Minority Business Enterprises, Dis-advantaged Business Enterprises, Women-Owned Business Enterprises and Veteran-Owned Business En-terprises will be afforded full opportunity to submit bids on this contract. Each bid must be accompanied by a bid security equivalent to ten percent of the bid amount and all additive alternates. The successful bidder must post a performance bond and payment bond in a sum equal to 100 percent of the contract price upon execution of the contract. The Owner reserves the right to reject any or all bids and to waive any informalities therein. The Owner may extend the time and place for the opening of the bids from that described in the advertisement, with not less than two calendar days notice by certified delivery, facsimile machine or other electronic means to those bidders receiving plans.

INVITATION TO BID 00 11 16 - 1

BRANDYWINE SCHOOL DISTRICT JULY 24, 2026

SECTION 00 21 13 INSTRUCTIONS TO BIDDERS

TABLE OF ARTICLES

1. GENERAL

2. BIDDER’S REPRESENTATION

3. BIDDING DOCUMENTS

4. BIDDING PROCEDURES

5. CONSIDERATION OF BIDS

6. POST-BID INFORMATION

7. PERFORMANCE BOND AND PAYMENT BOND

8. FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR

INSTRUCTIONS TO BIDDERS 00 21 13 - 1

ARTICLE 1: GENERAL

1.1 DEFINITIONS

1.1.1 Whenever the following terms are used, their intent and meaning shall be interpreted as follows:

1.2 STATE: The State of Delaware.

1.3 AGENCY: Contracting State Agency as noted on cover sheet.

1.4 DESIGNATED OFFICIAL: The agent authorized to act for the Agency.

1.5 BIDDING DOCUMENTS: Bidding Documents include the Bidding Requirements and the proposed

Contract Documents. The Bidding Requirements consist of the Advertisement for Bid, Invitation to Bid, Instructions to Bidders, Supplementary Instructions to Bidders (if any), General Conditions, Supplemen-tary General Conditions, General Requirements, Special Provisions (if any), the Bid Form (including the

Non-collusion Statement), and other sample bidding and contract forms. The proposed Contract Docu-ments consist of the form of Agreement between the Owner and Contractor, as well as the Drawings, Specifications (Project Manual) and all Addenda issued prior to execution of the Contract.

1.6 CONTRACT DOCUMENTS: The Contract Documents consist of the, Instructions to Bidders, Sup-plementary Instructions to Bidders (if any), General Conditions, Supplementary General Conditions, Gen-eral Requirements, Special Provisions (if any), the form of agreement between the Owner and the Con-tractor, Drawings (if any), Specifications (Project Manual), and all addenda.

1.7 AGREEMENT: The form of the Agreement shall be AIA Document A101, Standard Form of Agree-ment between Owner and Contractor where the basis of payment is a STIPULATED SUM. In the case of conflict between the instructions contained therein and the General Requirements herein, these General

Requirements shall prevail.

1.8 GENERAL REQUIREMENTS (or CONDITIONS): General Requirements (or conditions) are in-structions pertaining to the Bidding Documents and to contracts in general. They contain, in summary, requirements of laws of the State; policies of the Agency and instructions to bidders.

1.9 SPECIAL PROVISIONS: Special Provisions are specific conditions or requirements peculiar to the bidding documents and to the contract under consideration and are supplemental to the General Require-ments. Should the Special Provisions conflict with the General Requirements, the Special Provisions shall prevail.

1.10 ADDENDA: Written or graphic instruments issued by the Owner/Architect prior to the execu-tion of the contract which modify or interpret the Bidding Documents by additions, deletions, clarifica-tions or corrections.

1.11 BIDDER OR VENDOR: A person or entity who formally submits a Bid for the material or Work contemplated, acting directly or through a duly authorized representative who meets the requirements set forth in the Bidding Documents.

1.12 SUB-BIDDER: A person or entity who submits a Bid to a Bidder for materials or labor, or both for a portion of the Work.

INSTRUCTIONS TO BIDDERS 00 21 13 - 2

1.13 BID: A complete and properly executed proposal to do the Work for the sums stipulated therein, submitted in accordance with the Bidding Documents.

1.14 BASE BID: The sum stated in the Bid for which the Bidder offers to perform the Work described in the Bidding Documents as the base, to which Work may be added or from which Work may be deleted for sums stated in Alternate Bids (if any are required to be stated in the bid).

1.15 ALTERNATE BID (or ALTERNATE): An amount stated in the Bid, where applicable, to be added to or deducted from the amount of the Base Bid if the corresponding change in the Work, as de-scribed in the Bidding Documents is accepted.

1.16 UNIT PRICE: An amount stated in the Bid, where applicable, as a price per unit of measurement for materials, equipment or services or a portion of the Work as described in the Bidding Documents.

1.17 SURETY: The corporate body which is bound with and for the Contract, or which is liable, and which engages to be responsible for the Contractor's payments of all debts pertaining to and for his ac-ceptable performance of the Work for which he has contracted.

1.18 BIDDER'S DEPOSIT: The security designated in the Bid to be furnished by the Bidder as a guaranty of good faith to enter into a contract with the Agency if the Work to be performed or the mate-rial or equipment to be furnished is awarded to him.

1.19 CONTRACT: The written agreement covering the furnishing and delivery of material or work to be performed.

1.20 CONTRACTOR: Any individual, firm or corporation with whom a contract is made by the

Agency.

1.21 SUBCONTRACTOR: An individual, partnership or corporation which has a direct contract with a contractor to furnish labor and materials at the job site, or to perform construction labor and furnish ma-terial in connection with such labor at the job site.

1.22 CONTRACT BOND: The approved form of security furnished by the contractor and his surety as a guaranty of good faith on the part of the contractor to execute the work in accordance with the terms of the contract.

1.23 CUSTOM FABRICATION:As defined in 29 Del. C. § 6902, the term “custom fabrication” means the offsite fabrication, assembly, or other production of non-standard goods or materials, including components, fixtures or parts thereof, specifically for a public works project. Such goods and materials shall include those used in the following trades or systems: (1) Plumbing or pipe fitting systems, includ-ing heating, ventilating, air-conditioning, refrigeration systems, sheet metal or other duct systems; (2)

Electrical systems; (3) Mechanical insulation work; (4) Ornamental iron work; and (5) Commercial sign-age that does not attempt or appear to direct the movement of traffic on highways or roadways or interfere with, imitate, or resemble any official traffic sign, signal or device.

ARTICLE 2: BIDDER'S REPRESENTATION

2.1 PRE-BID MEETING

2.1.1A pre-bid meeting for this project will be held at the time and place designated. Attendance at this meeting is a pre-requisite for submitting a Bid, unless this requirement is specifically waived elsewhere in the Bid Documents.

INSTRUCTIONS TO BIDDERS 00 21 13 - 3

2.2 By submitting a Bid, the Bidder represents that:

2.2.1 The Bidder has read and understands the Bidding Documents and that the Bid is made in accord-ance therewith.

2.2.2 The Bidder has visited the site, become familiar with existing conditions under which the Work is to be performed, and has correlated the Bidder’s personal observations with the requirements of the pro-posed Contract Documents.

2.2.3 The Bid is based upon the materials, equipment, and systems required by the Bidding Documents without exception.

2.3 JOINT VENTURE REQUIREMENTS

2.3.1 For Public Works Contracts, each Joint Venturer shall be qualified and capable to complete the

Work with their own forces.

2.3.2 Included with the Bid submission, and as a requirement to bid, a copy of the executed Joint Ven-ture Agreement shall be submitted and signed by all Joint Venturers involved.

2.3.3 All required Bid Bonds, Performance Bonds, Material and Labor Payment Bonds must be exe-cuted by both Joint Venturers and be placed in both of their names.

2.3.4 All required insurance certificates shall name both Joint Venturers.

2.3.5 Both Joint Venturers shall sign the Bid Form.

2.3.6 Both Joint Venturers shall include their Federal E.I. Number with the Bid.

2.3.7 In the event of a mandatory Pre-bid Meeting, each Joint Venturer shall have a representative in attendance.

2.3.8 Due to exceptional circumstances and for good cause shown, one or more of these provisions may be waived at the discretion of the State.

2.4 ASSIGNMENT OF ANTITRUST CLAIMS

2.4.1 As consideration for the award and execution by the Owner of this contract, the Contractor hereby grants, conveys, sells, assigns and transfers to the State of Delaware all of its right, title and inter-ests in and to all known or unknown causes of action it presently has or may now or hereafter acquire un-der the antitrust laws of the United States and the State of Delaware, relating to the particular goods or services purchased or acquired by the Owner pursuant to this contract.

ARTICLE 3: BIDDING DOCUMENTS

3.1 COPIES OF BID DOCUMENTS

3.1.1 Bidders may obtain complete sets of the Bidding Documents from the Architectural/Engineering firm designated in the Advertisement or Invitation to Bid in the number and for the deposit sum, if any, stated therein.

INSTRUCTIONS TO BIDDERS 00 21 13 - 4

3.1.2 Bidders shall use complete sets of Bidding Documents for preparation of Bids. The issuing

Agency nor the Architect assumes no responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents.

3.1.3 Any errors, inconsistencies or omissions discovered shall be reported to the Architect immedi-ately.

3.1.4 The Agency and Architect may make copies of the Bidding Documents available on the above terms for the purpose of obtaining Bids on the Work. No license or grant of use is conferred by issuance of copies of the Bidding Documents.

3.2 INTERPRETATION OR CORRECTION OF BIDDING DOCUMENTS

3.2.1 The Bidder shall carefully study and compare the Bidding Documents with each other, and with other work being bid concurrently or presently under construction to the extent that it relates to the Work for which the Bid is submitted, shall examine the site and local conditions, and shall report any errors, in-consistencies, or ambiguities discovered to the Architect.

3.2.2 Bidders or Sub-bidders requiring clarification or interpretation of the Bidding Documents shall make a written request to the Architect at least seven days prior to the date for receipt of Bids. Interpreta-tions, corrections and changes to the Bidding Documents will be made by written Addendum. Interpreta-tions, corrections, or changes to the Bidding Documents made in any other manner shall not be binding.

3.2.3 The apparent silence of the specifications as to any detail, or the apparent omission from it of de-tailed description concerning any point, shall be regarded as meaning that only the best commercial prac-tice is to prevail and only material and workmanship of the first quality are to be used. Proof of specifica-tion compliance will be the responsibility of the Bidder.

3.2.4 Unless otherwise provided in the Contract Documents, the Contractor shall provide and pay for all permits, labor, materials, equipment, tools, construction equipment and machinery, water, heat, utilities, transportation, and other facilities and services necessary for the proper execution and completion of the Work.

3.2.5 The Owner will bear the costs for all impact and user fees associated with the project.

3.3 SUBSTITUTIONS

3.3.1 The materials, products and equipment described in the Bidding Documents establish a standard of quality, required function, dimension, and appearance to be met by any proposed substitution. The specification of a particular manufacturer or model number is not intended to be proprietary in any way.

Substitutions of products for those named will be considered, providing that the Vendor certifies that the function, quality, and performance characteristics of the material offered is equal or superior to that speci-fied. It shall be the Bidder's responsibility to assure that the proposed substitution will not affect the in-tent of the design, and to make any installation modifications required to accommodate the substitution.

3.3.2 Requests for substitutions shall be made in writing to the Architect at least ten days prior to the date of the Bid Opening. Such requests shall include a complete description of the proposed substitution, drawings, performance and test data, explanation of required installation modifications due the substitu-tion, and any other information necessary for an evaluation. The burden of proof of the merit of the pro-posed substitution is upon the proposer. The Architect’s decision of approval or disapproval shall be fi-nal. The Architect is to notify Owner prior to any approvals.

INSTRUCTIONS TO BIDDERS 00 21 13 - 5

3.3.3 If the Architect approves a substitution prior to the receipt of Bids, such approval shall be set forth in an Addendum. Approvals made in any other manner shall not be binding.

3.3.4 The Architect shall have no obligation to consider any substitutions after the Contract award.

3.4 ADDENDA

3.4.1 Addenda will be mailed or delivered to all who are known by the Architect to have received a complete set of the Bidding Documents.

9. 3.4.2 Copies of Addenda will be made available for inspection wherever Bidding Documents are on file for that purpose.

3.4.3 No Addenda will be issued later than 2 calendar days prior to the date for receipt of Bids except an Addendum withdrawing the request for Bids or one which extends the time or changes the location for the opening of bids.

3.4.4 Each bidder shall ascertain prior to submitting his Bid that they have received all Addenda issued, and shall acknowledge their receipt in their Bid in the appropriate space. Not acknowledging an issued

Addenda could be grounds for determining a bid to be non-responsive.

ARTICLE 4: BIDDING PROCEDURES

4.1 PREPARATION OF BIDS

4.1.1 Submit the bids on the Bid Forms included with the Bidding Documents.

4.1.2 Submit the original Bid Form for each bid. Bid Forms may be removed from the project manual for this purpose.

4.1.3 Execute all blanks on the Bid Form in a non-erasable medium (typewriter or manually in ink).

4.1.4 Where so indicated by the makeup on the Bid Form, express sums in both words and figures, in case of discrepancy between the two, the written amount shall govern.

4.1.5 Interlineations, alterations or erasures must be initialed by the signer of the Bid.

4.1.6 BID ALL REQUESTED ALTERNATES AND UNIT PRICES, IF ANY. If there is no change in the Base Bid for an Alternate, enter “No Change”. The Contractor is responsible for verifying that they have received all addenda issued during the bidding period. Work required by Addenda shall automati-cally become part of the Contract.

4.1.7 Make no additional stipulations on the Bid Form and do not qualify the Bid in any other manner.

4.1.8 Each copy of the Bid shall include the legal name of the Bidder and a statement whether the Bid-der is a sole proprietor, a partnership, a corporation, or any legal entity, and each copy shall be signed by the person or persons legally authorized to bind the Bidder to a contract. A Bid by a corporation shall further give the state of incorporation and have the corporate seal affixed. A

Bid submitted by an agent shall have a current Power of Attorney attached, certifying agent's au-thority to bind the Bidder.

INSTRUCTIONS TO BIDDERS 00 21 13 - 6

4.1.9 Bidder shall complete the Non-Collusion Statement form included with the Bid Forms and in-clude it with their Bid.

4.1.10 In the construction of all Public Works projects for the State of Delaware or any agency thereof, preference in employment of laborers, workers or mechanics shall be given to bona fide legal citizens of the State who have established citizenship by residence of at least 90 days in the State.

4.1.11 Each bidder shall include a signed Affidavit for the Bidder certifying compliance with OMB Reg-ulation 4104 - “Regulations for the Drug Testing of Contractor and Subcontractor Employees Working on “Large Public Works Projects.” “Large Public Works” is based upon the current threshold required for bidding Public Works as set by the Purchasing and Contracting Advisory Council.

4.2 BID SECURITY

4.2.1 All bids shall be accompanied by a deposit of either a good and sufficient bond to the agency for the benefit of the agency, with corporate surety authorized to do business in this State, the form of the bond and the surety to be approved by the agency, or a security of the bidder assigned to the agency, for a sum equal to at least 10% of the bid plus all add alternates, or in lieu of the bid bond a security deposit in the form of a certified check, bank treasurer’s check, cashier’s check, money order, or other prior ap-proved secured deposit assigned to the State. The bid bond need not be for a specific sum, but may be stated to be for a sum equal to 10% of the bid plus all add alternates to which it relates and not to exceed a certain stated sum, if said sum is equal to at least 10% of the bid. The Bid Bond form used shall be the standard OMB form (attached).

4.2.2 The Agency has the right to retain the bid security of Bidders to whom an award is being consid-ered until either a formal contract has been executed and bonds have been furnished or the speci-fied time has elapsed so the Bids may be withdrawn or all Bids have been rejected.

4.2.3 In the event of any successful Bidder refusing or neglecting to execute a formal contract and bond within 20 days of the awarding of the contract, the bid bond or security deposited by the success-ful bidder shall be forfeited.

4.3 SUBCONTRACTOR LIST

4.3.1 In accordance with Title 29, Chapter 69, Section 6962(d)(10)b of the Delaware Code, each Bid-der shall submit with their Bid a completed List of Sub-Contractors included with the Bid Form. NAME

ONLY ONE SUBCONTRACTOR FOR EACH TRADE. The bidder must list in each category the full name and address (City & State) of the sub-contractor that the Bidder will be using to perform the work and provide material for that subcontractor category. Should the Bidder’s listed subcontractor intend to provide any of their subcontractor category of work through a third-tier contractor, the Bidder shall list that third-tier contractor’s full name and address (City & State). If the Bidder intends to perform any category of work itself, it must list its full name and address. For clarification, if the Bidder intends to perform the work themselves, the Bidder may not insert “not applicable”, “N/A”, “self” or anything other than its own full name and address (City & State). To do so shall cause the bid to be rejected. In addi-tion, the failure to produce a completed subcontractor list with the bid submittal shall cause the bid to be rejected. If you have more than three (3) third-tier contractors to report in any subcontractor category, print out additional page(s) containing the appropriate category, complete the rest of your list of third-tier contractors for that category, notate the addition in parentheses as (CONTINUATION) next to the sub-contractor category and an asterisk (*) next to any additional third-tier contractors, and submit it with your bid.

INSTRUCTIONS TO BIDDERS 00 21 13 - 7

10. 4.3.2 It is the responsibility of the Contractor to ensure that their Subcontractors are in compli-ance with the provisions of this law. Also, if a Contractor elects to list themselves as a Subcon-tractor for any category, they must specifically name themselves on the Bid Form and be able to document their capability to act as Subcontractor in that category in accordance with this law.

4.4 AFFIDAVIT OF CONTRACTOR QUALIFICATIONS

4.4.1 In accordance with Title 29, Chapter 69, Section 6962(d)(10)b.3 of the Delaware Code, each Bid-der shall submit with their Bid the Affidavit of Contractor Qualifications certifying that the Bidder will abide by the contractor’s qualifications outlined in the construction bid specifications for the duration of the contract term. After a contract has been awarded the successful bidder shall not substitute another sub-contractor whose name was submitted on the Subcontractor Form except for the reasons in the statute and not without written consent from the awarding agency. Failure to utilize the subcontractors on the list will subject the successful bidder to penalties as outlined in the General Requirements Section 5.2 of the con-tract.

4.5 AFFIDAVIT OF CRAFT TRAINING COMPLIANCE

4.5.1 In accordance with Title 29, Chapter 69, Section 6962(c)(13) of the Delaware Code, contractors and subcontractors must provide craft training for journeyman and apprentice levels if all of the following apply:

A. A project meets the prevailing wage requirement under Title 29, Chapter 69, Sec-tion 6960 of the Delaware Code.

B. The contractor employs 10 or more total employees.

C. The project is not a federal highway project

Failure to provide required craft training on the project may subject the successful contractor and/or sub-contractor(s) to penalties as outlined in Title 29, Chapter 69, Section 6962(c)(13) of the Delaware Code.

Bidders shall submit the Affidavit of Craft Training Compliance prior to contract execution.

4.6 EQUALITY OF EMPLOYMENT OPPORTUNITY ON PUBLIC WORKS

4.6.1 During the performance of this contract, the contractor agrees as follows:

A. The Contractor will not discriminate against any employee or applicant for employment because of race, creed, sex, color, sexual orientation, gender identity or national origin.

The Contractor will take affirmative action to ensure the applicants are employed, and that employees are treated during employment, without regard to their race, creed, sex, color, sexual orientation, gender identity or national origin. Such action shall include, but not be limited to, the following: Employment, upgrading, demotion or transfer; recruit-ment 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 employ-ment notices to be provided by the contracting agency setting forth this nondiscrimination clause.

B. 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, sex, color, sexual orientation, gender identity or national origin."

INSTRUCTIONS TO BIDDERS 00 21 13 - 8

4.7 PREVAILING WAGE REQUIREMENT

4.7.1 Wage Provisions: For renovation and new construction projects whose costs exceed the thresh-olds contained in Delaware Code, Title 29, Section 6960, the minimum wage rates for various classes of laborers and mechanics shall be as determined by the Department of Labor, Division of Industrial Affairs of the State of Delaware.

4.7.2 The employer shall pay all mechanics and labors employed directly upon the site of work, or en-gaged in custom fabrication work, as that term is defined in Article 1.23 herein and as also as defined in

29 Del. C § 6902 and described in 29 Del. C. § 6960(b), regardless of where the work is performed, un-conditionally and not less often than once a week and without subsequent deduction or rebate on any ac-count, the full amounts accrued at time of payment, computed at wage rates not less than those stated in the specifications, regardless of any contractual relationship which may be alleged to exist between the employer and such laborers and mechanics.

4.7.3 As per 29 Del. C. § 6960(b), the scale of the wages to be paid must be posted by the employer in a prominent and easily accessible place at the site of the work. There may be withheld from the employer so much of accrued payments as may be considered necessary by the Department of Labor to pay laborers and mechanics employed by the employer the difference between the rates of wages required by the con-tract to be paid laborers and mechanics on the work and rates of wages received by such laborers and me-chanics to be remitted to the Department of Labor for distribution upon resolution of any claims.

11. 4.7.4 Every contract based upon these specifications shall contain a stipulation that sworn pay-roll information, as required by the Department of Labor, be furnished weekly. The Department of Labor shall keep and maintain the sworn payroll information for a period of 6 months from the last day of the work week covered by the payroll.

4.8 SUBMISSION OF BIDS

4.8.1 Enclose the Bid, the Bid Security, and any other documents required to be submitted with the Bid in a sealed opaque envelope. Address the envelope to the party receiving the Bids. Identify with the pro-ject name, project number, and the Bidder's name and address. If the Bid is sent by mail, enclose the sealed envelope in a separate mailing envelope with the notation "BID ENCLOSED" on the face thereof.

The State is not responsible for the opening of bids prior to bid opening date and time that are not properly marked.

4.8.2 Deposit Bids at the designated location prior to the time and date for receipt of bids indicated in the Advertisement for Bids. Bids received after the time and date for receipt of bids will be marked

“LATE BID” and returned.

4.8.3 Bidder assumes full responsibility for timely delivery at location designated for receipt of bids.

4.8.4 Oral, telephonic or telegraphic bids are invalid and will not receive consideration.

4.8.5 Withdrawn Bids may be resubmitted up to the date and time designated for the receipt of Bids, provided that they are then fully in compliance with these Instructions to Bidders.

4.9 MODIFICATION OR WITHDRAW OF BIDS

4.9.1 Prior to the closing date for receipt of Bids, a Bidder may withdraw a Bid by personal request and by showing proper identification to the Architect. A request for withdraw by letter or fax, if the Architect

INSTRUCTIONS TO BIDDERS 00 21 13 - 9

is notified in writing prior to receipt of fax, is acceptable. A fax directing a modification in the bid price will render the Bid informal, causing it to be ineligible for consideration of award. Telephone directives for modification of the bid price shall not be permitted and will have no bearing on the submitted proposal in any manner.

4.9.2 Bidders submitting Bids that are late shall be notified as soon as practicable and the bid shall be returned.

4.9.3 A Bid may not be modified, withdrawn or canceled by the Bidder during a thirty (30) day period following the time and date designated for the receipt and opening of Bids, and Bidder so agrees in sub-mitting their Bid. Bids shall be binding for 30 days after the date of the Bid opening.

ARTICLE 5: CONSIDERATION OF BIDS

5.1 OPENING/REJECTION OF BIDS

5.1.1 Unless otherwise stated, Bids received on time will be publicly opened and will be read aloud.

An abstract of the Bids will be made available to Bidders.

5.1.2 The Agency shall have the right to reject any and all Bids. A Bid not accompanied by a required

Bid Security or by other data required by the Bidding Documents, or a Bid which is in any way incom-plete or irregular is subject to rejection.

5.1.3 If the Bids are rejected, it will be done within thirty (30) calendar day of the Bid opening.

5.2 COMPARISON OF BIDS

5.2.1 After the Bids have been opened and read, the bid prices will be compared and the result of such comparisons will be made available to the public. Comparisons of the Bids may be based on the

Base Bid plus desired Alternates. The Agency shall have the right to accept Alternates in any or-der or combination.

5.2.2 The Agency reserves the right to waive technicalities, to reject any or all Bids, or any portion thereof, to advertise for new Bids, to proceed to do the Work otherwise, or to abandon the Work, if in the judgment of the Agency or its agent(s), it is in the best interest of the State.

5.2.3 An increase or decrease in the quantity for any item is not sufficient grounds for an increase or decrease in the Unit Price.

5.2.4 The prices quoted are to be those for which the material will be furnished F.O.B. Job Site and in-clude all charges that may be imposed during the period of the Contract.

5.2.5 No qualifying letter or statements in or attached to the Bid, or separate discounts will be consid-ered in determining the low Bid except as may be otherwise herein noted. Cash or separate discounts should be computed and incorporated into Unit Bid Price(s).

5.3 DISQUALIFICATION OF BIDDERS

5.3.1 An agency shall determine that each Bidder on any Public Works Contract is responsible before awarding the Contract. Factors to be considered in determining the responsibility of a Bidder include:

A. The Bidder’s financial, physical, personnel or other resources including Subcontracts;

INSTRUCTIONS TO BIDDERS 00 21 13 - 10

B. The Bidder’s record of performance on past public or private construction projects, in-cluding, but not limited to, defaults and/or final adjudication or admission of violations of the Prevailing Wage Laws in Delaware or any other state;

C. The Bidder’s written safety plan;

D. Whether the Bidder is qualified legally to contract with the State;

E. Whether the Bidder supplied all necessary information concerning its responsibility; and, F. Any other specific criteria for a particular procurement, which an agency may establish;

provided however, that, the criteria be set forth in the Invitation to Bid and is otherwise in conformity with State and/or Federal law.

5.3.2 If an agency determines that a Bidder is nonresponsive and/or nonresponsible, the determination shall be in writing and set forth the basis for the determination. A copy of the determination shall be sent to the affected Bidder within five (5) working days of said determination.

5.3.3 In addition, any one or more of the following causes may be considered as sufficient for the dis-qualification of a Bidder and the rejection of their Bid or Bids.

5.3.3.1 More than one Bid for the same Contract from an individual, firm or corporation under the same or different names.

5.3.3.2 Evidence of collusion among Bidders.

5.3.3.3 Unsatisfactory performance record as evidenced by past experience.

5.3.3.4 If the Unit Prices are obviously unbalanced either in excess or below reasonable cost analysis val-ues.

5.3.3.5 If there are any unauthorized additions, interlineation, conditional or alternate bids or irregulari-ties of any kind which may tend to make the Bid incomplete, indefinite or ambiguous as to its meaning.

5.3.3.6 If the Bid is not accompanied by the required Bid Security and other data required by the Bidding

Documents.

5.3.3.7 If any exceptions or qualifications of the Bid are noted on the Bid Form.

5.4 ACCEPTANCE OF BID AND AWARD OF CONTRACT

5.4.1 A formal Contract shall be executed with the successful Bidder within twenty (20) calendar days after the award of the Contract.

12. 5.4.2 Per Section 6962(d)(13)a., Title 29, Delaware Code, “The contracting agency shall award any public works contract within thirty (30) days of the bid opening to the lowest responsive and responsible Bidder, unless the Agency elects to award on the basis of best value, in which case the election to award on the basis of best value shall be stated in the Invitation To Bid. Any public school district and its board shall award public works contracts in accordance with this section’s requirements except it shall award the contract within 60 days of the bid opening.”

INSTRUCTIONS TO BIDDERS 00 21 13 - 11

5.4.3 Each Bid on any Public Works Contract must be deemed responsive by the Agency to be consid-ered for award. A responsive Bid shall conform in all material respects to the requirements and criteria set forth in the Contract Documents and specifications.

5.4.4 The Agency shall have the right to accept Alternates in any order or combination, and to deter-mine the low Bidder on the basis of the sum of the Base Bid, plus accepted Alternates.

5.4.5 The successful Bidder shall execute a formal contract, submit the required Insurance Certificate, and furnish good and sufficient bonds, unless specifically waived in the General Requirements, in accord-ance with the General Requirement, within twenty (20) days of official notice of contract award. The successful Bidder shall provide, at least two business days prior to contract execution, copies of the Em-ployee Drug Testing Program for the Bidder and all listed Subcontractors. Bonds shall be for the benefit of the Agency with surety in the amount of 100% of the total contract award. Said Bonds shall be condi-tioned upon the faithful performance of the contract. Bonds shall remain in affect for period of two (2) years after the date of the Certificate of Final Payment.

13. 5.4.6 If the successful Bidder fails to execute the required Contract, Bond and all required in-formation, as aforesaid, within twenty (20) calendar days after the date of official Notice of the

Award of the Contract, their Bid guaranty shall immediately be taken and become the property of the State for the benefit of the Agency as liquidated damages, and not as a forfeiture or as a pen-alty. Award will then be made to the next lowest qualified Bidder of the Work or readvertised, as the Agency may decide.

5.4.7 Each bidder shall supply with its bid its taxpayer identification number (i.e., federal employer identification number or social security number) and should the vendor be awarded a contract, such ven-dor shall provide to the agency the taxpayer identification license numbers of such subcontractors.

Such numbers shall be provided on the later of the date on which such subcontractor is required to be identified or the time the contract is executed. The successful Bidder shall provide to the agency to which it is contracting, within 30 days of entering into such public works contract, copies of all Delaware Busi-ness 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 Bidder entered the public works contract the Delaware Business license of such subcon-tractor or independent contractor shall be provided to the agency within 10 days of being contracted or hired.

5.4.8 The Bid Security shall be returned to the successful Bidder upon the execution of the formal con-tract. The Bid Securities of unsuccessful bidders shall be returned within thirty (30) calendar days after the opening of the Bids.

ARTICLE 6: POST-BID INFORMATION

6.1 CONTRACTOR’S QUALIFICATION STATEMENT

6.1.1 Bidders to whom an award of a Contract is under consideration shall, if requested by the Agency, submit a properly executed AIA Document A305, Contractor’s Qualification Statement, unless such a statement has been previously required and submitted.

6.2 Bidders to whom an award of a Contract has been made must produce their Delaware Business Li-cense before the Contract can be executed.

ARTICLE 7: PERFORMANCE BOND AND PAYMENT BOND

INSTRUCTIONS TO BIDDERS 00 21 13 - 12

7.1 BOND REQUIREMENTS

7.1.1 The cost of furnishing the required Bonds, that are stipulated in the Bidding Documents, shall be included in the Bid.

7.1.2 If the Bidder is required by the Agency to secure a bond from other than the Bidder’s usual sources, changes in cost will be adjusted as provide in the Contract Documents.

7.1.3 The Performance and Payment Bond forms used shall be the standard OMB forms (attached).

7.2 TIME OF DELIVERY AND FORM OF BONDS

7.2.1 The bonds shall be dated on or after the date of the Contract.

7.2.2 The Bidder shall require the attorney-in-fact who executes the required bonds on behalf of the surety to affix a certified and current copy of the power of attorney.

ARTICLE 8: FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR

8.1 Unless otherwise required in the Bidding Documents, the Agreement for the Work will be written on

AIA Document A101, Standard Form of Agreement Between Owner and Contractor Where the Basis of

Payment is a Stipulated Sum.

INSTRUCTIONS TO BIDDERS 00 21 13 - 13

DARLEY ROAD EARLY EDUCATION CENTER BOILER/CHILLER REPLACEMENT

500 DARLEY ROAD, CLAYMONT, DE 19703

BSD270001-CHILLERDRD

BID FORM

For Bids Due: September 11, 2026 To: Brandywine School District _____________________

Attn: John Read, Director of Facilities 1000 Pennsylvania Ave Claymont, DE 19703

Name of Bidder:

Delaware Business License No.: Taxpayer ID No.:

(Other License Nos.):

Phone No.: ( ) - Fax No.: ( ) -

The undersigned, representing that he has read and understands the Bidding Documents and that this bid is made in accordance therewith, that he has visited the site and has familiarized himself with the local conditions under which the Work is to be performed, and that his bid is based upon the materials, systems and equipment described in the Bidding Documents without exception, hereby proposes and agrees to provide all labor, materials, plant, equipment, supplies, transport and other facilities required to execute the work described by the aforesaid documents for the lump sum itemized below:

UNIT PRICES

Unit prices conform to applicable project specification section. Refer to the specifications for a complete description of the following Unit Prices:

UNIT PRICE No. 1: Replacement of Unsuitable Wood Substrate/Sheathing

UNIT PRICE No. 2: Replacement of Unsuitable Perimeter Wood Blocking

UNIT PRICE No. 3: Surface Priming of Exposed or Residual Asphalt

ADD

DEDUCT

BID FORM 00 41 13 - 1

DARLEY ROAD EARLY EDUCATION CENTER BOILER/CHILLER REPLACEMENT

500 DARLEY ROAD, CLAYMONT, DE 19703

BSD270001-CHILLERDRD

BID FORM

I/We acknowledge Addendums numbered and the price(s) submitted include any cost/schedule impact they may have.

This bid shall remain valid and cannot be withdrawn for thirty (30) days from the date of opening of bids (60 days for School Districts and Department of Education), and the undersigned shall abide by the Bid Security forfeiture provisions. Bid Security is attached to this Bid.

The Owner shall have the right to reject any or all bids, and to waive any informality or irregularity in any bid received.

This bid is based upon work being accomplished by the Sub-Contractors named on the list attached to this bid.

Should I/We be awarded this contract, I/We pledge to achieve substantial completion of all the work within calendar days of the Notice to Proceed.

The undersigned represents and warrants that he has complied and shall comply with all requirements of local, state, and national laws;

that no legal requirement has been or shall be violated in making or accepting this bid, in awarding the contract to him or in the prosecution of the work required; that the bid is legal and firm; that he has not, directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken action in restraint of free competitive bidding.

Upon receipt of written notice of the acceptance of this Bid, the Bidder shall, within twenty (20) calendar days, execute the agreement in the required form and deliver the Contract Bonds, and Insurance Certificates, required by the Contract Documents.

I am / We are an Individual / a Partnership / a Corporation

By Trading as (Individual’s / General Partner’s / Corporate Name)

(State of Corporation)

Business Address:

Witness:

(SEAL)

By:

( Authorized Signature )

( Title ) Date:

ATTACHMENTS

Sub-Contractor List Non-Collusion Statement Affidavit of Employee Drug Testing Program Affidavit of Contractor Qualifications Bid Security (Others as Required by Project Manuals)

BID FORM 00 41 13 - 2

DARLEY ROAD EARLY EDUCATION CENTER BOILER/CHILLER REPLACEMENT

500 DARLEY ROAD, CLAYMONT, DE 19703

BSD270001-CHILLERDRD

BID FORM

SUBCONTRACTOR LIST

In accordance with Title 29, Chapter 69, Section 6962(d)(10)b of the Delaware Code, the following subcontractor listing must accompany any bid submittal. The bidder must list in each category the full name and address (City & State) of the sub-contractor that the bidder will be using to perform the work and provide material for that subcontractor category. Should the bidder’s listed subcontractor intend to provide any of their subcontractor category of work through a third-tier contractor, the bidder shall list that third-tier contractor’s full name and address (City & State). If the bidder intends to perform any category of work itself, it must list its full name and address. For clarification, if the bidder intends to perform the work themselves, the bidder may not insert “not applicable”, “N/A”, “self” or anything other than its own full name and address (City & State). To do so shall cause the bid to be rejected. In addition, the failure to produce a completed subcontractor list with the bid submittal shall cause the bid to be rejected. If you have more than three (3) third-tier contractors to report in any subcontractor category, print out additional page(s) containing the appropriate category, complete the rest of your list of third-tier contractors for that category, notate the addition in parentheses as (CONTINUATION) next to the subcontractor category and an asterisk (*) next to any additional third-tier contractors, and submit it with your bid.

Subcontractor Category Subcontractor Address (City & State) Subcontractors tax-payer ID # or Delaware Business license #

1. ROOFING

A.

B.

C.

2.

A.

B.

C.

BID FORM 00 41 13 - 3

DARLEY ROAD EARLY EDUCATION CENTER BOILER/CHILLER REPLACEMENT

500 DARLEY ROAD, CLAYMONT, DE 19703

BSD270001-CHILLERDRD

BID FORM (Continued)

3.

A.

B.

C.

4.

A.

B.

C.

5.

A.

B.

C.

BID FORM 00 41 13 - 4

DARLEY ROAD EARLY EDUCATION CENTER BOILER/CHILLER REPLACEMENT

500 DARLEY ROAD, CLAYMONT, DE 19703

BSD270001-CHILLERDRD

BID FORM

NON-COLLUSION STATEMENT

This is to certify that the undersigned bidder has neither directly nor indirectly, entered into any agreement, participated in any collusion or otherwise taken any action in restraint of free competitive bidding in connection with this proposal submitted this date to Brandywine School District.

All the terms and conditions of the Lombardy Elementary Roof Replacement, Contract #BSD260001-LOMB_ROOF have been thoroughly examined and are understood.

NAME OF BIDDER:

AUTHORIZED REPRESENTATIVE

(TYPED):

AUTHORIZED REPRESENTATIVE

(SIGNATURE):

TITLE:

ADDRESS OF BIDDER:

E-MAIL: ______________________________________________________________

PHONE NUMBER:

Sworn to and Subscribed before me this day of 20 .

My Commission expires . NOTARY PUBLIC .

THIS PAGE MUST BE SIGNED AND NOTARIZED FOR YOUR BID TO BE CONSIDERED.

BID FORM 00 41 13 - 5

AFFIDAVIT

OF

EMPLOYEE DRUG TESTING PROGRAM

4104 Regulations for the Drug Testing of Contractor and Subcontractor Employees Working on Large Public Works Projects requires that Contractors and Subcontractors implement a program of mandatory drug testing for Employees who work on Large Public Works Contracts funded all or in part with public funds.

We hereby certify that we have in place or will implement during the entire term of the contract a Mandatory Drug Testing Program for our employees on the jobsite, including subcontractors, that complies with this regulation:

Contractor/Subcontractor Name:

Contractor/Subcontractor Address:

Authorized Representative (typed or printed):

Authorized Representative (signature):

Title:

Sworn to and Subscribed before me this day of 20 .

My Commission expires . NOTARY PUBLIC .

BID FORM 00 41 13 - 6

THIS PAGE MUST BE SIGNED AND NOTARIZED FOR YOUR BID TO BE CONSIDERED.

DARLEY ROAD EARLY EDUCATION CENTER BOILER/CHILLER REPLACEMENT

500 DARLEY ROAD, CLAYMONT, DE 19703

BSD270001-CHILLERDRD

AFFIDAVIT

OF

CONTRACTOR QUALIFICATIONS

We hereby certify that we will abide by the contractor’s qualifications outlined in the construction bid specifications for the duration of the contract term.

In accordance with Title 29, Chapter 69, Section 6962(d)(10)b.3 of the Delaware Code, after a contract has been awarded the successful bidder shall not substitute another subcontractor whose name was submitted on the Subcontractor Form except for…