CHR26018-PULMECH_specs.pdf

CHRISTINA SCHOOL DISTRICT

CHR26018-PULMECH

SPECIFICATIONS FOR

MECHANICAL RENOVATIONS

AT

Pulaski Early Education Center 1300 Cedar St, Wilmington, DE 19805

ARCHITECT’S PROJECT No 26005

PREPARED BY:

Fearn-Clendaniel Architects, Inc

ISSUED FOR BID

November, 2026

1.1

Christina School District Pulaski Early Education Center

Wilmington, Delaware CHR26018-PULMECH

DOCUMENT 000101 - PROJECT TITLE PAGE

PROJECT MANUAL - Issued for Bidding

A. Pulaski Early Education Center Mechanical Renovations

1300 Cedar St, Wilmington, DE 19805

B. Christina School District

Eden Support Services Center

925 Bear-Corbitt Road

Bear, DE 19701

C. Owner Project No.: # CHR26018-PULMECH

D. Architect Project No.: 26005

E. Fearn-Clendaniel Architects, Inc.

6 Larch Avenue, Suite 398

Wilmington, DE 19804

Phone: 302-998-7615

Web Site: www.fcarchitects.net

F. Issued: November 2026

G. Copyright Fearn-Clendaniel Architects, Inc. All rights reserved.

END OF DOCUMENT 000101

Fearn-Clendaniel Architects, Inc. PROJECT TITLE PAGE

26005 00 01 01 – 1 of 2

Pulaski Early Education Center Christina School District

CHR26018-PULMECH Wilmington, Delaware

THIS PAGE INTENTIONALLY LEFT BLANK

PROJECT TITLE PAGE Fearn-Clendaniel Architects, Inc.

00 01 01 – 2 of 2 26005

David R. Hoffman, P.E., LEED AP, CPD

Responsible for Divisions 21 through 26

Delaware Professional License #17123

Christina School District Pulaski Early Education Center Wilmington, Delaware CHR26018-PULMECH

SECTION 00 01 07

PROJECT SEALS PAGE

1.1 DESIGN PROFESSIONALS OF RECORD SEAL

A. ARCHITECT:

1. Kenneth B. Fearn, AIA, LEED AP

2. Delaware Professional License #6336

3. Fearn-Clendaniel Architects, Inc.

6 Larch Avenue, Suite 398 Wilmington, DE 19804

4. Tel: 302-998-7615

5. Email: kenfearn@fcarchitects.net

6. Responsible for Division 00 thru 01; 02 thru 10

B. MECHANICAL ENGINEER:

1.

2. Delaware Professional License #9773

3. Gipe Associates, Inc.

8719 Brooks Drive Easton, MD 21601

4. Tel: 410-822-6306

5. Email: dhoffman@gipe.net 6.

C. ELECTRICAL ENGINEER:

1. Dina Dixon, P.E., LEED AP 2.

3. Gipe Associates, Inc.

1220 East Joppa Road, Suite 223 Towson, MD 21286

4. Tel: 410-832-2420

5. Email: ddixon@gipe.net

6. Responsible for Division 019116; Division 26

END OF PROJECT SEALS PAGE

Fearn-Clendaniel Architects, Inc. PROJECT SEALS PAGE 26005 00 01 04 – 1 of 2 mailto:kenfearn@fcarchitects.net mailto:dhoffman@gipe.net mailto:ddixon@gipe.net

THIS PAGE INTENTIONALLY LEFT BLANK

PROJECT SEALS PAGE Fearn-Clendaniel Architects, Inc.

00 01 04– 2 of 2 26005

Wilmington, Delaware CHR26018-PULMECH

TABLE OF CONTENTS

A. Specifications for this project are arranged in accordance with the Construction Specification Institute numbering system and format. Section numbering is discontinuous and all numbers not appearing in the Table of Contents are not used for this Project.

B. DOCUMENTS BOUND HEREWITH

DIVISION 00 – PROCUREMENT AND CONTRACT REQUIREMENTS

INTRODUCTORY INFORMATION

000101 Project Title Page 2 pages 000104 Project Seals Page 2 pages 000110 Table of Contents 4 pages 000115 List of Drawing Sheets 2 pages

PROCUREMENT REQUIREMENTS

001116 Invitation to Bid 2 pages 002113 Instructions to Bidders 14 pages

002113.01 Project Supplementary Instructions to Bidders 6 pages 004113 Bid Form 8 pages 004313 Bid Bond 2 pages

CONTRACTING REQUIREMENTS

005213 Standard Form of Agreement Between Owner and Contractor 2 pages (Sample AIA A101-2017) 8 pages (Sample AIA A101-2017 – Exhibit A) 8 pages

005413 Supplement to Agreement Between Owner and Contractor A101-2017 2 pages 005414 Supplement to A101-2017 – Exhibit A Insurance and Bonds 2 pages

006113.13 Performance Bond 2 pages

006113.16 Payment Bond 2 pages

006276 Application and Certificate for Payment Forms 2 pages

(Sample AIA G702 & G703) 2 pages 007213 General Conditions to the Contract 2 pages

(Sample AIA A201-2017) 40 pages 007313 Supplementary General Conditions 14 pages

007313.01 Project Supplementary General Conditions 8 pages

007346 Wage Rate Requirements 2 pages 008113 General Requirements 16 pages 008114 Drug Testing Report Forms 2 pages 008115 Affidavit of Craft Training Compliance 2 pages

Fearn-Clendaniel Architects, Inc. TABLE OF CONTENTS 26005 00 01 15 – 1 of 4 https://007313.01 https://006113.16 https://006113.13 https://002113.01

TECHNICAL SPECIFICATIONS

SECTION TITLE

011000 Summary 4 pages 012100 Allowances 4 pages

(Sample Form - 012116 Contingency Allowance) 2 pages 012600 Contract Modification Procedures 4 pages 012900 Payment Procedures 6 pages 013100 Project Management and Coordination 10 pages 013200 Construction Progress Documentation 6 pages 013233 Photographic Documentation 2 pages 013300 Submittal Procedures 10 pages 013516 Alteration Project Procedures 10 pages 014000 Quality Requirements 12 pages 014200 References 8 pages 015000 Temporary Facilities and Controls 8 pages 016000 Product Requirements 8 pages 017300 Execution 6 pages 017400 Warranties 4 pages 017419 Construction Waste Management and Disposal 8 pages 017700 Closeout Procedures 8 pages 017823 Operation and Maintenance Data 10 pages 017839 Project Record Documents 6 pages 017900 Demonstration and Training 4 pages 019113 General Commissioning Requirements 12 pages 019115 HVAC Commissioning Requirements 12 pages

024119 Selective Demolition 8 pages 061053 Miscellaneous Rough Carpentry 8 pages 076200 Sheet Metal Flashing and Trim 6 pages 077200 Roof Accessories 6 pages 078413 HVAC & Plumbing Penetration Firestopping 12 pages 078443 Joint Firestopping 6 pages 079200 Joint Sealants 10 pages 089119 Fixed Louvers 8 pages

DIVISION 22 - PLUMBING

220500 Common Work Results for Plumbing 26 pages 220505 Plumbing Piping, Fitting and Valves 22 pages 220701 Plumbing Insulation 14 pages 224005 Plumbing Equipment 32 pages

DIVISION 23 - HVAC

230500 Common Work Results for HVAC 32 pages 230505 HVAC Piping, Fittings and Valves 32 pages 230548 Vibration Controls for HVAC, Plumbing & Fire Protection Equipment 12 pages

TABLE OF CONTENTS Fearn-Clendaniel Architects, Inc.

00 01 15 – 2 of 4 26005

Christina School District Wilmington, Delaware

230593 Testing, Adjusting & Balancing for HVAC and Plumbing 230600 Heating, Ventilating, and Air Conditioning Equipment 230701 HVAC Insulation 230900 Instrumentation and Controls of HVAC & Plumbing Systems 233000 HVAC Air Distribution

DIVISION 26 - ELECTRICAL

260501 Common Work Results for Electrical 260502 Electrical Demolition for Remodeling 260519 Low-Voltage Electrical Power Conductors and Cabling 260526 Grounding and Bonding for Electrical Systems 260528 Electrical Firestopping 260529 Hangers and Supports for Electrical Systems 260533 Raceways and Boxes for Electrical Systems 260553 Identification for Electrical Systems 260923 Lighting Control Devices 262416 Panelboards 262726 Wiring Devices 262813 Fuses 262816 Enclosed Switches and Circuit Breakers 262913 Enclosed Controllers

DIVISION 28 – ELECTRONIC SAFETY AND SECURITY

283111 Fire-Alarm System

END OF TABLE OF CONTENTS

Pulaski Early Education Center

CHR26018-PULMECH

30 pages 36 pages 16 pages 58 pages 20 pages

26 pages 8 pages

12 pages 6 pages

12 pages 8 pages

12 pages 10 pages 6 pages

12 pages 12 pages

6 pages 12 pages 10 pages

12 pages

Fearn-Clendaniel Architects, Inc. TABLE OF CONTENTS 26005 00 01 15 – 3 of 4

THIS PAGE INTENTIONALLY LEFT BLANK

TABLE OF CONTENTS Fearn-Clendaniel Architects, Inc.

00 01 15 – 4 of 4 26005

Christina School District Wilmington, Delaware

Pulaski Early Education Center

CHR26018-PULMECH

LIST OF DRAWING SHEETS

SHEET NO. DRAWING TITLE

G-00.01 COVER SHEET

ARCHITECTURAL

D10.01 PARTIAL DEMOLITION PLAN

D10.02 EXISTING CONDITIONS

A10.01 PARTIAL PLANS AND NOTES

A30.01 WALL SECTIONS

MECHANICAL

M-001 LEGEND AND ABBREVIATIONS – HVAC

MD-100 BASEMENT PLAN – HVAC – DEMOLITION

MD-101 FIRST FLOOR PLAN – HVAC – DEMOLITION

MD-102 PARTIAL SECOND FLOOR PLAN – HVAC – DEMOLITION

MD-201 PART PLANS – HVAC – DEMOLITION

M-100 BASEMENT PLAN – HVAC – NEW WORK

M-101 FIRST FLOOR PLAN – HVAC – NEW WORK

M-102 PARTIAL SECOND FLOOR PLAN – HVAC – NEW WORK

M-201 PART PLANS – HVAC – NEW WORK

M-301 DETAILS – HVAC

M-302 DETAILS – HVAC

M-303 DETAILS – HVAC

M-304 DETAILS – HVAC

M-305 DETAILS – HVAC

M-401 CONTROLS – HVAC

M-402 CONTROLS – HVAC

M-501 SCHEDULES – HVAC

PLUMBING:

P-001 LEGEND – PLUMBING

PD-100 BASEMENT PLAN – PLUMBING – DEMOLITION

PD-201 PART PLAN – PLUMBING – DEMOLITION

P-100 BASEMENT PLAN – PLUMBING – NEW WORK

P-201 PART PLAN – PLUMBING – NEW WORK

P-301 DETAILS – PLUMBING

P-401 RISERS – PLUMBING

P-501 SCHEDULES – PLUMBING

ELECTRICAL:

E-001 ELECTRICAL LEGEND, CONVENTIONS AND ABBREVIATIONS

ED-100 BASEMENT FLOOR PLAN – ELECTRICAL

ED-102 PARTIAL SECOND FLOOR PLAN – ELECTRICAL

ED-201 PART PLAN – BOILER ROOM – ELECTRICAL DEMOLITION

E-201 PART PLAN – BOILER ROOM – ELECTRICAL NEW WORK

E-501 PARTIAL SCHEMATIC POWER RISER DIAGRAM AND SCHEDULES

E-701 DETAILS

Fearn-Clendaniel Architects, Inc. LIST OF DRAWING SHEETS 26005 00 01 15 – 1 of 3

Pulaski Early Education Center

CHR26018-PULMECH

Christina School District Wilmington, Delaware

E-702 E-703

DETAILS

DETAILS

END OF LIST OF DRAWING SHEETS

LIST OF DRAWING SHEETS Fearn-Clendaniel Architects, Inc.

00 01 15 – 2 of 3 26005

THIS PAGE INTENTIONALLY LEFT BLANK

Fearn-Clendaniel Architects, Inc. LIST OF DRAWING SHEETS 26005 00 01 15 – 3 of 3

SECTION 00 11 16

INVITATION TO BID

Sealed bids for Bid No. CHR26018-PULMECH, Pulaski Early Education Center Mechanical Renovations will be received by the Christina School District, at the Eden Support Services Center, 925 Bear-Corbitt Road, Bear, Del-aware, until 11:00 a.m. local time on Thursday, December 17th, 2026 at which time they will be publicly opened and read aloud. Bidder bears the risk of late delivery. Any bids received after the stated time will be returned unopened.

The project involves replacement of the existing boiler system and related piping & accessories with a new condensing boiler system at the Casimir Pulaski Early Education Center located in Wilmington, Delaware. The new boiler system will incorporate new gas/plumbing piping, controls, pumps, air separators, expansion tanks, flues, combustion air ducts, unit heater, and accompanying power and lighting.

General Contractors only may submit bids on this project.

A MANDATORY Pre-Bid Meeting will be held on Tuesday, November 17th, 2026 at 3:30 p.m. at the project location, Pulaski Early Education Center, 1300 Cedar St, Wilmington, DE 19805 for the purpose of establishing the listing of subcontractors and to answer questions. Representatives of each party to any Joint Venture must attend this meeting.

ATTENDANCE OF THIS MEETING BY ALL GENERAL CONTRACTORS IS A PREREQUISITE FOR

BIDDING ON THIS CONTRACT.

Sealed bids shall be addressed to the Christina School District, ATTN.: Mr. George Wicks IV, Supervisor of Facilities and Planning. The outer envelope should clearly indicate: “CONTRACT NO. CHR26018-PULMECH – PULASKI

EEC MECHANICAL SYSTEM RENOVATIONS – SEALED BID – DO NOT OPEN”.

Contract documents will be available to bidders, upon request, in electronic format after the Pre-Bid Meeting for a $25.00 nonrefundable fee. Electronic documents can be purchased following the Pre-Bid Meeting at the office of Fearn-Clendan-iel Architects, Inc., 6 Larch Avenue, Suite 398, Wilmington, Delaware 19804, attention to Oscar Enderica, or via email to oscar@fcarchitects.net. The electronic documents contain PDF files only (no paper copy included). Checks are to be made payable to “Fearn-Clendaniel Architects, Inc.”

Construction documents will be available for review at the following location: Delaware Contractors Association; Associated Builders and Contractors.

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, Disadvantaged Business Enterprises, Women-Owned Business Enterprises and Veteran-Owned Business Enterprises will be afforded full opportunity to sub-mit 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 elec-tronic means to those bidders receiving plans.

END OF DOCUMENT 00 11 16

Fearn-Clendaniel Architects, Inc. INVITATION TO BID 26005 00 01 16 – 1 of 2

THIS PAGE INTENTIONALLY LEFT BLANK

INVITATION TO BID Fearn-Clendaniel Architects, Inc.

00 01 16 – 2 of 2 26005

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

Fearn-Clendaniel Architects, Inc. INSTRUCTIONS TO BIDDERS

26005 00 21 13 – 1 of 14

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, Supplementary 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 Documents 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, Supplementary Instructions to Bidders (if any), General Conditions, Supplementary General Conditions, General Requirements, Special Provisions (if any), the form of agreement between the Owner and the Contractor, 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 Agreement 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 instructions 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 Requirements. 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 execution of the contract which modify or interpret the Bidding Documents by additions, deletions, clarifications 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.

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.

INSTRUCTIONS TO BIDDERS Fearn-Clendaniel Architects, Inc.

00 21 13 – 2 of 14 26005

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 described 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 acceptable 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 material 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 material 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, including 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 signage 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

2.1.1 A 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.

2.2 By submitting a Bid, the Bidder represents that:

26005 00 21 13 – 3 of 14

2.2.1 The Bidder has read and understands the Bidding Documents and that the Bid is made in accordance 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 proposed Contract Documents.

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

2.2.4 Bidder has accounted for the possibility of price increases due to the direct and indirect effect of tariffs, other international events, inflation, and supply chain interruptions. Change Orders will be denied if they are based upon any of these events. Bidder is expected to account for these possibilities and include them in the bid.

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 Venture 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 executed 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 interests in and to all known or unknown causes of action it presently has or may now or hereafter acquire under 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.

00 21 13 – 4 of 14 26005

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 immediately.

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, inconsistencies, 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.

Interpretations, corrections and changes to the Bidding Documents will be made by written Addendum. Interpretations, 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 detailed description concerning any point, shall be regarded as meaning that only the best commercial practice is to prevail and only material and workmanship of the first quality are to be used. Proof of specification 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 specified. It shall be the Bidder's responsibility to assure that the proposed substitution will not affect the intent 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 substitution, and any other information necessary for an evaluation. The burden of proof of the merit of the proposed substitution is upon the proposer.

The Architect’s decision of approval or disapproval shall be final. The Architect is to notify Owner prior to any approvals.

26005 00 21 13 – 5 of 14

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.

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.

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 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 automatically become part of the Contract.

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

4.1.7 Each copy of the Bid shall include the legal name of the Bidder and a statement whether the

Bidder 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 authority to bind the Bidder.

4.1.8 Bidder shall complete the Non-Collusion Statement form included with the Bid Forms and include it with their Bid.

4.1.9 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

00 21 13 – 6 of 14 26005 citizens of the State who have established citizenship by residence of at least 90 days in the State.

4.1.10 Each bidder shall include a signed Affidavit for the Bidder certifying compliance with OMB Regulation 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 approved 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). The bid bond may be an electronic bond and need not be transmitted as a paper document.

4.2.2 The Agency has the right to retain the bid security of Bidders to whom an award is being considered until either a formal contract has been executed and bonds have been furnished or the specified 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 successful 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 Bidder 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 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.

4.3.2 It is the responsibility of the Contractor to ensure that their Subcontractors are in compliance with the provisions of this law. Also, if a Contractor elects to list themselves as a Subcontractor 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.

26005 00 21 13 – 7 of 14

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 Bidder 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 subcontractor 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 contract.

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, Section 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 subcontractor(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; 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.

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."

4.7 PREVAILING WAGE REQUIREMENT

4.7.1 Wage Provisions: For renovation and new construction projects whose costs exceed the thresholds contained in Delaware Code, Title 29, Section 6960, the minimum wage rates for

00 21 13 – 8 of 14 26005 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 engaged 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, unconditionally and not less often than once a week and without subsequent deduction or rebate on any account, 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 contract to be paid laborers and mechanics on the work and rates of wages received by such laborers and mechanics to be remitted to the Department of Labor for distribution upon resolution of any claims.

4.7.4 Every contract based upon these specifications shall contain a stipulation that sworn payroll 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.

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, paper 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.

4.8.6 Compliance with Federal Bureau of Investigation rules mandates training for Contractors, Subcontractors, their employees, and custodial workers with access to locations that have access to Criminal Justice Information Services (CJIS). The contract awardee must have fingerprinting and background checks done for all Subcontractors and employees.

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 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.

26005 00 21 13 – 9 of 14

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 submitting 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 incomplete or irregular is subject to rejection.

5.1.3 If the Bids are rejected, it will be done within thirty (30) calendar days 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 order 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 include 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 considered 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).

5.2.6 Bidder must account for the possibility of price increases due to the direct and indirect effect of tariffs or other international events, inflation, and supply chain interruptions. Change Orders will be denied if they are based upon any of these events. Bidder is expected to account for these possibilities and include them in the bid.

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;

00 21 13 – 10 of 14 26005

B. The Bidder’s record of performance on past public or private construction projects, including, 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.

G. Any Bidder who is debarred in another State and/or by the United States Government is also debarred in Delaware.

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 disqualification 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 values.

5.3.3.5 If there are any unauthorized additions, interlineation, conditional or alternate bids or irregularities 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.

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

26005 00 21 13 – 11 of 14 accordance with this section’s requirements except it shall award the contract within 60 days of the bid opening.”

5.4.3 Each Bid on any Public Works Contract must be deemed responsive by the Agency to be considered 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 determine 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 accordance 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 Employee 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 conditioned 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.

5.4.6 If the successful Bidder fails to execute the required Contract, Bond and all required information, 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 penalty. 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 vendor 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 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 Bidder entered the public works contract the Delaware Business license of such subcontractor 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 contract. 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 License before the Contract can be executed.

00 21 13 – 12 of 14 26005

ARTICLE 7: PERFORMANCE BOND AND PAYMENT BOND

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.

7.2.3 The Performance Bond and/or the Payment Bond may be electronic bonds and need not be transmitted as paper documents.

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.

END OF SECTION

26005 00 21 13 – 13 of 14

THIS PAGE INTENTIONALLY LEFT BLANK

00 21 13 – 14 of 14 26005

SECTION 00 01 15

PROJECT SUPPLEMENTARY INSTRUCTIONS TO BIDDERS

This “Project Supplementary Instructions to Bidders” is intended as a project specific supplement to the

“Instructions to Bidders”.

1. Bids

Submit a minimum of one hard copy of the Bidding documents with submission.

Bidders shall use complete sets of Bidding Documents in preparing Bids; neither the Owner nor

Architect assumes responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents.

In making copies of the Bidding Documents available on the above terms, the Owner and the

Architect do so only for the purpose of obtaining Bids on the Work and do not confer a license or grant permission for any other use of the Bidding Documents.

Interpretations, corrections and changes of the Bidding Documents will be made by Addendum.

Interpretations, corrections and changes of the Bidding Documents made in any other manner will not be binding, and Bidders shall not rely on them.

All blanks on the bid form shall be filled in by typewriter or manually in ink.

Where so indicated by the makeup of the bid form, sums shall be…