COL027003-ATHFILD_spcsv1.pdf

William Penn High School Athletic Fields

Sitework

713 E Basin Rd

New Castle, DE 19720

Bid Package A Project Manual Volume 2

ARCHITECT

Becker Morgan Group 309 South Governors Avenue

Dover, Delaware 19904

EDiS Company, Inc.

110 S. Poplar Street

Suite 400

Wilmington, DE 19801

Issued for Bid

August 21st, 2026 jdepolo Text Box

CSD William Penn High School Bid Pack A - Athletic Field Sitework

Contract #4-27-03 August 14, 2026

Becker Morgan Group, Inc.

2025040.00

PROFESSIONAL SEALS PAGE

000107 - 1

SECTION 000107

PROFESSIONAL SEALS PAGE

1.01 DESIGN PROFESSIONALS OF RECORD:

A. Civil Engineer:

SEAL

1. Becker Morgan Group, Inc.

2. Christopher D. Duke, P.E.; License No. 16378

3. Expiration Date: 06/30/2028

4. Responsible for Divisions 31 - 33 Sections except where indicated as prepared by other design professionals of record.

B. Architect:

SEAL

1. Becker Morgan Group, Inc.

2. Brad A. Hastings, AIA, LEED AP; License No. 0005276

3. Expiration Date: 01/31/2028

4. Responsible for Divisions 02 - 14 Sections except where indicated as prepared by other design professionals of record.

END OF SECTION 000107

Image

Contract #4-27-03 August 14, 2026

Bid Pack A - Athletic Field Sitework CSD William Penn High School

PROFESSIONAL SEALS PAGE

000107 - 2

Becker Morgan Group, Inc.

2025040.00

This page intentionally left blank

CSD William Penn High School Contract #4-27-03

Bid Pack A - Athletic Field Sitework August 21, 2026

TABLE OF CONTENTS 000110-1

PU19, Revised 10/2023

SECTION 000110 - TABLE OF CONTENTS

Volume 1 of 2

Division 0 - Procurement and Contract Requirements

000101 Project Title Page

000107 Professional Seals Page

000110 Table of Contents

000115 List of Drawings

001113 Advertisement for Bid

002113 Instructions to Bidders

002600 Procurement Substitution Procedures

003132 Geotechnical Data

004100 Bid Forms

005200 Agreement Forms

006113 Performance and Payment Bond Forms

006216 Certificate of Insurance

007200 General Conditions

007300 Supplementary General Conditions

007343 Wage Rate Requirements

008114 Drug Testing Program & Forms

008115 Affidavit of Craft Training

Division 1 - General Requirements

011100 Summary of Work - Work Covered by Contract Documents

012100 Allowances

012200 Unit Prices

012300 Alternates

012500 Substitution Procedures

012600 Change Order Procedures

012613 Contractor Compensation

012900 Payment Procedures

013113 Project Coordination Meetings

013119 Preinstallation Meetings

013125 Web-Based Project Management System

013216 Construction Progress Schedule

013219 Submittals Register

013226 Contractor Daily Reports

013300 Submittal Procedures

013500 Contractor Employee Background Check

013523 Safety Program

014219 Reference Standards

014500 Quality Control

015113 Temporary Electricity

TABLE OF CONTENTS 000110-2

015123 Temporary Heating, Cooling, and Ventilating

015200 Construction Facilities & Temporary Controls

016116 Volatile Organic Compound (Voc) Content Restrictions

016200 Material and Equipment

017123 Field Engineering

017329 Cutting and Patching

017700 Contract Closeout

Volume 2 of 2

Division 2 - Existing Conditions

024100 - Demolition

Division 03 -- Concrete (Not Used)

Division 04 -- Masonry (Not Used)

Division 05 -- Metals (Not Used)

Division 06 -- Wood, Plastics, And Composites (Not Used)

Division 07 -- Thermal And Moisture Protection

079200 - Joint Sealants

Division 08 -- Openings (Not Used)

Division 09 -- Finishes

099000 - Painting And Coating

Division 10 -- Specialties (Not Used)

Division 11 -- Equipment

116600 - Tension Ball Safety Netting System

116843 - Exterior Scoreboards

Division 12 -- Furnishings (Not Used)

Division 13 -- Special Construction (Not Used)

131250 – Bleacher And Press Box (Not Used)

Division 14 -- Conveying Equipment (Not Used)

TABLE OF CONTENTS 000110-3

Division 21 -- Fire Suppression (Not Used)

Division 22 -- Plumbing

221113 – Facility Water Distribution Piping

221313 – Facility Sanitary Sewers

Division 23 -- Heating, Ventilating, And Air-Conditioning (HVAC) (Not Used)

Division 25 -- Integrated Automation (Not Used)

Division 26 -- Electrical (Not Used)

Division 27 -- Communications (Not Used)

Division 28 -- Electronic Safety and Security (Not Used)

Division 31 -- Earthwork

311000 - Site Clearing

312000 – Earth Moving

312319 - Dewatering

Division 32 -- Exterior Improvements

321216 - Asphalt Paving

321313 - Concrete Paving

321373 – Concrete Paving Joint Sealants

321813 - Synthetic Turf Playing Field System

321814 – Synthetic Turf Subsurface Drainage System

321817 – Exterior Athletic Equipment

321818 – Synthetic Track Surfacing System

323113 - Chain Link Fences and Gates

323119 - Decorative Metal Fences and Gates

328400 – Sports Field Irrigation

329200 – Turf And Grasses

329300 - Plants

329400 – Natural Grass Playing Field

Division 33 -- Utilities

330500 – Common Results for Utilities

334100 - Storm Drainage Utility

334600 - Subdrainage

TABLE OF CONTENTS 000110-4

END OF SECTION

Bid Pack A- Athletic Field Sitework August 14th, 2026

LIST OF DRAWINGS 000115-1

PU19, Revised 07/2021

SECTION 000115 - LIST OF DRAWINGS

Sheet Number Sheet Name

Bid Packs

Drawing Date

Latest Rev Date

C-001 Cover Sheet & Overall Layout BPA 7/31/26

C-002 Notes & Site Data BPA 7/31/26

C-101 Boundary & Existing Condition Plan BPA 7/31/26

C-102 Boundary & Existing Condition Plan BPA 7/31/26

C-103 Boundary & Existing Condition Plan BPA 7/31/26

C-104 Boundary & Existing Condition Plan BPA 7/31/26

C-201 Site Plan BPA 7/31/26

C-202 Site Plan BPA 7/31/26

C-203 Site Plan BPA 7/31/26

C-204 Site Plan BPA 7/31/26

C-205 Site Plan BPA 7/31/26

C-206 Site Plan BPA 7/31/26

C-207 Site Plan BPA 7/31/26

C-208 Site Plan BPA 7/31/26

C-209 Site Plan BPA 7/31/26

C-210 Site Plan BPA 7/31/26

C-211 Site Plan BPA 7/31/26

C-300 Utility Cover Sheet BPA 7/31/26

C-301 Utility Plan BPA 7/31/26

C-302 Utility Plan BPA 7/31/26

C-303 Utility Plan BPA 7/31/26

C-304 Utility Plan BPA 7/31/26

C-305 Utility Plan BPA 7/31/26

C-306 Utility Plan BPA 7/31/26

C-307 Utility Plan BPA 7/31/26

C-308 Utility Plan BPA 7/31/26

C-309 Utility Plan BPA 7/31/26

C-310 Utility Plan BPA 7/31/26

C-311 Utility Plan BPA 7/31/26

C-312 Utility Schedules BPA 7/31/26

C-313 Utility Schedules BPA 7/31/26

C-400 Grading Cover Sheet BPA 7/31/26

C-401 Grading Plan BPA 7/31/26

LIST OF DRAWINGS 000115-2

C-401a Grading Plan (Alternate Auxiliary Field Grading) BPA 7/31/26

C-402 Grading Plan BPA 7/31/26

C-403 Grading Plan BPA 7/31/26

C-404 Grading Plan BPA 7/31/26

C-405 Grading Plan BPA 7/31/26

C-406 Grading Plan BPA 7/31/26

C-407 Grading Plan BPA 7/31/26

C-408 Grading Plan BPA 7/31/26

C-409 Grading Plan BPA 7/31/26

C-410 Grading Plan BPA 7/31/26

C-411 Grading Plan BPA 7/31/26

C-500 Sediment & Stormwater Management Plan: Cover Sheet BPA 7/31/26

C-501 Sediment & Stormwater Management Plan: Overall Phasing Plan BPA 7/31/26

C-502 Sediment & Stormwater Management Plan: Pre- Construction Site Swm Plan (Overall) BPA 7/31/26

C-503

Construction Site Swm Plan (Phase 1a) BPA 7/31/26

C-504

Construction Site Swm Plan (Phase 1b) BPA 7/31/26

C-505

Construction Site Swm Plan (Phase 1c) BPA 7/31/26

C-506

Construction Site Swm Plan (Phase 1d) BPA 7/31/26

C-507

Construction Site Swm Plan (Phases 1e, 1f & 1g) BPA 7/31/26

C-508

Construction Site Swm Plan (Phase 2) BPA 7/31/26

C-509

Construction Site Swm Plan (Phase 3) BPA 7/31/26

C-510

Construction Site Swm Plan BPA 7/31/26

C-511 Sediment & Stormwater Management Plan: Overall Site Construction Site Swm Plan BPA 7/31/26

C-512 Sediment & Stormwater Management Plan: Construction Site Swm Plan BPA 7/31/26

C-513

C-514

C-515

C-516 Sediment & Stormwater Management Plan: Erosion & Sediment Control Details BPA 7/31/26

LIST OF DRAWINGS 000115-3

C-517

Sediment & Stormwater Management Plan: Erosion & Sediment Control Details BPA 7/31/26

C-518

C-519

C-520

C-521

C-522

C-523

C-524 Overall Post-Construction Stormwater Management Plan BPA 7/31/26

C-525 Post-Construction Stormwater Management Plan Facility #1 (Underground Detention) Details BPA 7/31/26

C-526 Post-Construction Stormwater Management Plan FACILITY #1 (Underground Detention) Details BPA 7/31/26

C-527 Post - Constuction Swm Plan: Facility #1 (Underground Detention) Details BPA 7/31/26

C-528 Post - Constuction Swm Plan: Facility #2 (Underground

C-529

C-530

C-531 Post - Constuction Swm Plan: Facility #3 (Underground

C-532

C-533

C-600 Entrance Plans: Cover Sheet BPA 7/31/26

C-600A Entrance Plans: Deldot Notes and Details BPA 7/31/26

C-601 Entrance Plans: Existing Conditions and Demo Plan BPA 7/31/26

C-602 Entrance Plans: Site, Striping & Signage Plan BPA 7/31/26

C-603 Entrance Plans: Construction Plan BPA 7/31/26

C-604 Entrance Plans: Grading Plan BPA 7/31/26

C-605 Entrance Plans: Pre-Construction Erosion & Sediment Control Plan BPA 7/31/26

C-607 Entrance Plans: Typical Sections BPA 7/31/26

C-608 Entrance Plans: Cross Sections BPA 7/31/26

LIST OF DRAWINGS 000115-4

C-609 Entrance Plans: Cross Sections BPA 7/31/26

C-610 Entrance Plans: Cross Sections BPA 7/31/26

C-611 Entrance Plans: School Lane Pathway- Demolition & Striping BPA 7/31/26

C-612 Entrance Plans: School Lane Pathway- Construction & Grading BPA 7/31/26

C-613 Entrance Plans: School Lane Pathway- Erosion & Sediment Control Plans BPA 7/31/26

C-701 Sanitary Sewer Profiles BPA 7/31/26

C-702 Sanitary Sewer Profiles BPA 7/31/26

C-703 Storm Drain Profiles BPA 7/31/26

C-704 Storm Drain Profiles BPA 7/31/26

C-705 Storm Drain Profiles BPA 7/31/26

C-706 Storm Drain Profiles BPA 7/31/26

C-707 Storm Drain Profiles BPA 7/31/26

C-708 Storm Drain Profiles BPA 7/31/26

C-709 Storm Drain Profiles BPA 7/31/26

C-710 Storm Drain Profiles BPA 7/31/26

C-711 Storm Drain Profiles BPA 7/31/26

C-712 Storm Drain Profiles BPA 7/31/26

C-713 Storm Drain Profiles BPA 7/31/26

C-714 Storm Drain Profiles BPA 7/31/26

C-715 Storm Drain Profiles BPA 7/31/26

C-716 Storm Drain Profiles BPA 7/31/26

C-717 Storm Drain Profiles BPA 7/31/26

C-718 Storm Drain Profiles BPA 7/31/26

C-719 Storm Drain Profiles BPA 7/31/26

C-720 Storm Drain Profiles BPA 7/31/26

C-721 Storm Drain Profiles BPA 7/31/26

C-722 Storm Drain Profiles BPA 7/31/26

C-901 Construction Details BPA 7/31/26

C-902 Construction Details BPA 7/31/26

C-903 Construction Details BPA 7/31/26

C-904 Construction Details BPA 7/31/26

C-905 Construction Details BPA 7/31/26

C-906 Construction Details BPA 7/31/26

C-907 Construction Details BPA 7/31/26

C-908 Construction Details BPA 7/31/26

C-909 Construction Details BPA 7/31/26

C-910 Construction Details BPA 7/31/26

C-911 Construction Details BPA 7/31/26

LIST OF DRAWINGS 000115-5

C-912 Construction Details BPA 7/31/26

C-913 Construction Details BPA 7/31/26

C-914 Construction Details BPA 7/31/26

C-915 Construction Details BPA 7/31/26

C-916 Construction Details BPA 7/31/26

C-917 Construction Details BPA 7/31/26

L-001 Overall Landscape Plan BPA 7/31/26

L-101 Landscape Plan BPA 7/31/26

1 of 1 Design Alternate 2 BPA 7/31/26

Exhibit A Overall Existing Utility Exhibit BPA 7/31/26

Exhibit B Overall Proposed Utility Exhibit BPA 7/31/26

Bid Pack A- Athletic Field Sitework August 21, 2026

ADVERTISEMENT FOR BID 001113-1

PU19, Revised 10/2021

SECTION 001113 - ADVERTISEMENT FOR BID

Receipt of Bids

Public notice is hereby given that sealed bids for the following prime contracts will be received for the construction and renovations of the William Penn High School located in New Castle, Delaware. Bids will be received at William Penn High School, N3 Building, 713 E. Basin Rd, New Castle, Delaware 19720 until 2:30 PM on Tuesday, September 15, 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 time and location of the bid opening may be extended with a minimum of two calendar day notice to the Bidders.

Contract: A-01 - Athletic Fields Sitework, Utilities, Athletic Surfaces & Landscaping

Bidding Documents

1. It is the responsibility of each bidder to review and coordinate all Project Documents. This includes plans, specifications, and addendums.

2. Non-biddable documents, for review only, may be examined on the State of Delaware Online Bid

Solicitation Directory, http://bids.delaware.gov, or at the office of the Construction Manager, EDIS

Company, 110 S. Poplar Street, Suite 400, Wilmington, Delaware 19801; on or after the date of the pre-bid meeting.

3. Bid documents will be available on the EDiS FTP site. In order to obtain access to biddable documents on the EDiS FTP site, bidders must download and complete the Plans Request form from http://bids.delaware.gov, and submit to: planrequests@delaware.gov for approval. Once the plans request is approved and you want to receive the biddable plans submit your request for access to the

FTP site via email to Jessica dePolo at jdepolo@ediscompany.com. Your request should include the following information: your company name, contact name, contracts you are bidding, email address, and phone number.

Bid Security

A bid security in the amount of 10% of the bid, plus a consent of surety must accompany each bid. Bid

Security shall specify the Owner as the obligee. Owner: Colonial School District.

Pre-Bid Meeting

A pre-bid meeting will be held at William Penn High School, 713 E. Basin Rd, New Castle, Delaware

19720 on August 26th, 2026 at 2:00 PM local time. Attendance is highly suggested but not mandatory.

http://bids.delaware.gov/ http://bids.delaware.gov/ mailto:planrequests@delaware.gov

ADVERTISEMENT FOR BID 001113-2

Questions

Please contact EDiS Company, Warren Ellis at wellis@ediscompany.com with questions.

Conformance to the Delaware Architectural Accessibility Act and the standards of the Architectural

Accessibility Board is required on the Project.

Prevailing Wage Rates

Prevailing Wage Rates, as directed by Delaware Law, must be adhered to where applicable.

Pursuant to the Office of Management and Budget (OMB) “4104 Regulations for the Drug Testing of

Contractor and Subcontractor Employees Working on Large Public Works Projects” required that

Contractors and Subcontractors who work on Large Public Works Contracts funded all or in part with public funds implement a Mandatory Drug Testing Program. The latest regulation can be downloaded from the following website:

http://regulations.delaware.gov/AdminCode/title19/4000/4100/4104.pdf

Drug Testing Requirements

Pursuant to the Office of Management and Budget (OMB) “4104 Regulations for the Drug Testing of

Contractor and Subcontractor Employees Working on Large Public Works Projects” required that

Contractors and Subcontractors who work on Large Public Works Contracts funded all or in part with public funds implement a Mandatory Drug Testing Program. The latest regulation can be downloaded from the following website: http://regulations.delaware.gov/AdminCode/title19/4000/4100/4104.pdf

Craft Training for Public Works Procurement

In accordance with Delaware Code, Title 29, Chapter 69, Section 6962, requires: A public works contract must include a requirement that the contractor provide craft training for journeyman and apprentice levels if all of the following apply:

A. The project requires prevailing wages and, B. The contractor or subcontractor employs 10 or more people and, C. It is not a federal highway project, except for the Route 301 project.

The craft training may be provided by any of the following:

A. The contractor, or

B. The subcontractor, or

C. A program registered pursuant under Section 1101-4.0 of Title 19 of the Delaware

Administrative Code.

mailto:wellis@ediscompany.com

ADVERTISEMENT FOR BID 001113-3

Subsection 6902 defines “Craft Training” as “an apprenticeship program approved by and registered with any state apprenticeship agency or the United States Department of Labor. The Secretary of the Department of Labor shall maintain a list of crafts for which there are approved and registered training programs.”

DELAWARE'S CONTRACTOR REGISTRATION ACT IS EFFECTIVE JULY 1, 2021

https://labor.delaware.gov/divisions/industrial-affairs/labor-law/contractor-registration-act/ https://labor.delaware.gov/divisions/industrial-affairs/labor-law/contractor-registration-act/

INSTRUCTIONS TO BIDDERS

00 21 13- 1

SECTION 00 21 13

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

00 21 13- 2

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.

00 21 13- 3

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 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

00 21 13- 4

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:

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 Bidders are expected to submit bids that are firm, fixed and inclusive of all existing and potential tariffs at the time of bid. There shall be no change orders due to tariffs, or the uncertainty caused by them, that are in effect when the bid is submitted. If, after a project is awarded and PO issued a new tariff is enacted that impacts the cost of materials or equipment required for the work, a Change Order may be submitted and evaluated by the Owner, with proper justification. Proper justification will be in the form of documentary evidence proving a price increase specifically due to a new tariff, which post-dates: (1) the date the project is awarded; and (2) the date of the purchase order issued by the State.

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

00 21 13- 5

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.

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

00 21 13- 6 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.

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

00 21 13- 7 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 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

00 21 13- 8 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.

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:

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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 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.

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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.

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.

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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 Bidders are expected to submit bids that are firm, fixed and inclusive of all existing and potential tariffs at the time of bid. There shall be no change orders due to tariffs, or the uncertainty caused by them, that are in effect when the bid is submitted. If, after a project is awarded and PO issued a new tariff is enacted that impacts the cost of materials or equipment required for the work, a Change Order may be submitted and evaluated by the Owner, with proper justification. Proper justification will be in the form of documentary evidence proving a price increase specifically due to a new tariff, which post-dates: (1) the date the project is awarded; and (2) the date of the purchase order issued by the State.

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;

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

00 21 13- 12 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 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.

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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…