DSU26-PC24-013_specs.pdf

DELAWARE STATE UNIVERSITY

CONTRACT # PC-24-013

SPECIFICATIONS

FOR

Hope House

Phase 1 Restoration

IN

Downtown Campus

34 N. State Street

Dover, Delaware 19901

PREPARED

BY

StudioJAED Architects & Engineers

2500 Wrangle Hill Road, Suite 110

Bear, DE 19701

DELAWARE STATE UNIVERSITY OFFICE OF PLANNING & CONSTRUCTION

TABLE OF CONTENTS 00 01 10

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

00 01 01 – PROJECT TITLE PAGE 1 page

00 01 10 – TABLE OF CONTENTS 2 pages

00 01 15 – LIST OF DRAWING SHEETS 1 page

PROCUREMENT REQUIREMENTS

00 11 16 – INVITATION TO BID 1 page

00 21 13 – Instructions To Bidders 12 pages

00 41 13 – BID FORM 4 pages

00 43 13 – BID BOND 1 page

00 43 36 – PROPOSED SUBCONTRACTOR LIST 1 page

00 45 19 – NON-COLLUSION STATEMENT 1 page

00 46 00 – AFFIDAVIT OF EMPLOYEE DRUG TESTING PROGRAM 1 page

00 46 01- AFFIDAVIT OF CRAFT TRAINING COMPLIANCE 1 page

00 46 02 – CONTRACTOR REGISTRATION ACT 1 page

CONTRACTING REQUIREMENTS

00 52 13 – STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR 1 page

00 54 13 – SUPPLEMENT TO AGREEMENT BETWEEN OWNER & CONTRACTOR A101-2017 1 page

00 61 13.13 – PERFORMANCE BOND 2 pages

00 61 13.16 – PAYMENT BOND 2 pages

00 62 76 – SAMPLE APPLICATION AND CERTIFICATE FOR PAYMENT FORMS 1 page

00 72 13 – GENERAL CONDITIONS TO THE CONTRACT 1 page

00 72 14 – INDEMNIFICATION 1 page

00 73 13 – SUPPLEMENTARY GENERAL CONDITIONS 10 pages

00 81 13 – GENERAL REQUIREMENTS 13 pages

TABLE OF CONTENTS 00 01 10

00 81 14 – EMPLOYEE DRUG TESTING REPORT FORMS 2 pages

END OF SECTION 00 01 10

Delaware State University Hope House Phase 1 Restoration September 18, 2026 PC-24-013

SECTION 000110

TABLE OF CONTENTS

SPECIFICATIONS

2.01 DIVISION 01 -- GENERAL REQUIREMENTS

A. 011000 - Summary

B. 012000 - Price and Payment Procedures

C. 012100 - Allowances

D. 012200 - Unit Prices

E. 012300 - Alternates

F. 012500 - Substitution Procedures

G. 013000 - Administrative Requirements

H. 013216 - Construction Progress Schedule

I. 013553 - Security Procedures

013591 - Period Treatment Procedures

J. 014000 - Quality Requirements

K. 014216 - Definitions

L. 015000 - Temporary Facilities and Controls

M. 016000 - Product Requirements

N. 017800 - Closeout Submittals

2.02 DIVISION 02 -- EXISTING CONDITIONS

020342 - Removal and Salvage of Period Construction Materials

A. 024100 - Demolition

2.03 DIVISION 03 -- CONCRETE (NOT USED)

2.04 DIVISION 04 -- MASONRY

040300 - Conservation Treatment for Period Masonry

A. 040511 - Masonry Mortaring and Grouting

2.05 DIVISION 05 -- METALS (NOT USED)

2.06 DIVISION 06 -- WOOD, PLASTICS, AND COMPOSITES

060300 - Conservation Treatment for Period Wood

A. 061000 - Rough Carpentry

B. 062000 - Finish Carpentry

2.07 DIVISION 07 -- THERMAL AND MOISTURE PROTECTION

A. 070150.19 - Preparation for Re-Roofing

B. 072100 - Thermal Insulation

C. 073110 - Synthetic Shingles

D. 073113 - Asphalt Shingles

E. 074623 - Wood Siding

StudioJAED Architects & Engineers Project No. 25033

Table of Contents 000110 - 1 https://070150.19

Hope House Phase 1 Restoration Delaware State University PC-24-013 September 18, 2026

F. 075423 - Thermoplastic Polyolefin (TPO) Membrane Roofing - Carlisle

G. 076200 - Sheet Metal Flashing and Trim

H. 077123 - Manufactured Gutters and Downspouts

I. 079200 - Joint Sealants

2.08 DIVISION 08 -- OPENINGS (NOT USED)

2.09 DIVISION 09 -- FINISHES

A. 099113 - Exterior Painting

END OF SECTION

Table of Contents StudioJAED Architects & Engineers 000110 - 2 Project No. 25033

Hope House Phase 1 Restoration Delaware State University DSU Project No. PC-24-013

SECTION 000115

LIST OF DRAWING SHEETS

G-000 COVER SHEET

G-001 ABBREVIATIONS, SUMBOLS, PROJECT NOTES

AD101 BASEMENT PLAN - DEMOLITION

AD102 ROOF PLAN - DEMOLITION

AD200 NORTH ELEVATION - DEMOLITION

AD201 SOUTH ELEVATION - DEMOLITION

AD202 EAST ELEVATION - DEMOLITION

AD203 WEST ELEVATION - DEMOLITION

A-100 SITE PLAN - NEW CONSTRUCTION

A-101 BASEMENT PLAN - NEW CONSTRUCTION

A-102 ROOF PLAN & DETAILS - NEW CONSTRUCTION

A-103 PORCH PLANS & DETAILS

A-200 NORTH ELEVATION - NEW CONSTRUCTION

A-201 SOUTH ELEVAITON - NEW CONSTRUCTION

A-202 EAST ELEVATION - NEW CONSTRUCTION

A-203 WEST ELEVATION - NEW CONSTRUCTION

A-300 DETAIL SECTIONS - DEMO & NEW CONSTRUCTION

END OF SECTION

StudioJAED Architects & Engineers List of Drawing Sheets Project No. 25033 000115 - 1

INVITATION TO BID 00 11 16

INVITATION TO BID

Sealed bids for Delaware State University Contract No. PC-24-013 – Hope House Phase 1 Restoration will be received by Delaware State University in the Office of Planning & Construction Room 105 in the Facilities Management Building, 1200 N. DuPont Highway, Dover, DE 19901-2277, by the date and time listed below, at which time they will be publicly opened and read aloud in the Conference Room. Bidder bears the risk of late delivery. Any bids received after the stated time will be returned unopened.

time listed below.

The email subject must have the project name and the contract number. The electronic response should have only one file in total. The filename must start with the vendor's name. The aggregate size of your response without compressing the file must not be more than 5 megabytes. Do not send any unnecessary messages to this email address. Otherwise, your emails will be marked as spam; thus, you will fully assume the risk/ liability of the University's no response to your email messages. Bidder bears the risk of late delivery. Any bids received after the stated time will be automatically rejected.

Bidders bear the risk of incomplete response, late delivery, or delivery to the wrong email address of the University other than specified in this ITB. The bidder must make sure they receive a confirmation stating their bid has been received. The university is not responsible if the bids go into spam or are not delivered by the system whatsoever until the University confirms its receipt.

Only general contractors may submit bids for this project.

The project consists of selective exterior and interior restoration of the Hope House building.

The extent of the scope of work is described in the bid documents.

A non-mandatory Pre-Bid Meeting will be held at the time and date listed below for the purpose of establishing the listing of subcontractors.

Sealed bids shall be addressed to the Delaware State University c/o the Office of Planning & Construction, Facilities Management Building, Room 105, Dover, DE 19901-2277, Attn: Khalid Zerrad. The outer envelope should clearly indicate: "DSU CONTRACT NO. PC-24-013– Hope House Phase 1 Restoration - SEALED

BID - DO NOT OPEN."

Summary of Events and Dates:

11/2/2026 Non-Mandatory Pre-Bid Meeting will be held at the hope House at 10:00 a.m. Local Time. (34 North State Street

Dover, DE 19901)

11/9/2026 Deadline for Questions (4:00 PM Local Time)

11/14/2026 Posting of Answers to Contractor Questions

11/19/2026 Proposals Due (3:00 PM Local Time)

1/4/2027 Anticipated Start of Construction Date (subject to change)

Note: All times listed above are the State of Delaware local time.

The bids can also be submitted electronically through email to contracts@desu.edu by the date and

Bidders may request an electronic copy of the bidding documents by submitting a written request to constructionbid@desu.edu.

INVITATION TO BID 00 11 16

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 submit bids on this contract. Each bid must be accompanied by a bid security equivalent to ten percent of the bid amount and all additive alternates. The successful bidder must post a performance bond and payment bond in a sum equal to 100 percent of the contract price upon execution of the contract. Delaware State University reserves the right to reject any or all bids and to waive any informalities therein. Delaware State University may extend the time and place for the opening of the bids from that described in the advertisement, with not less than two calendar days’ notice by certified delivery, facsimile machine, or other electronic means to those bidders receiving plans.

DRUG TESTING REQUIREMENTS FOR LARGE PUBLIC WORKS

Pursuant to 29 Del.C. §6908(a)(6), effective as of January 1, 2016, OMB has established regulations that require Contractors and Subcontractors to implement a program of mandatory drug testing for Employees who work on Large Public Works Contracts funded all or in part with public funds. The regulations establish the mechanism, standards and requirements of a Mandatory Drug Testing Program that will be incorporated by reference into all Large Public Works Contracts awarded pursuant to 29 Del.C. §6962.

Final publication of the identified regulations can be found at the following: 4104 Regulations for the Drug Testing of Contractor and Subcontractor Employees Working on Large Public Works Projects

END OF ADVERTISEMENT FOR BIDS

INSTRUCTIONS TO BIDDERS 00 21 13

INSTRUCTIONS TO BIDDERS

TABLE OF ARTICLES

1. DEFINITIONS

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

9. LIQUIDATED DAMAGES

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 BOARD: The Delaware State University Board of Trustees

1.4 UNIVERSITY: The Delaware State University

1.5 AGENCY: The Delaware State University

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

1.7 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.

1.8 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.

1.9 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.

1.10 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.

1.11 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.

1.12 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.

1.13 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.

1.14 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.

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

1.16 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).

1.17 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.

1.18 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.

1.19 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.

1.20 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.

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

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

1.23 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.

1.24 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.

1.25 LIQUIDATED DAMAGES: An amount due and payable to the University by the Contractor for additional costs incurred by the University resulting from the Contractor′s failure to complete within the Contract time.

ARTICLE 2: BIDDER'S REPRESENTATIONS

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:

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 his 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.

2.3 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 and shall submit a copy of a valid Delaware Business License with their Bid.

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.

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 Contractor 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.

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 4 days prior to the date for receipt of Bids except an Addendum withdrawing the request for Bids or one which extends the time or changes the location for the opening of bids.

3.4.4 Each bidder shall ascertain prior to submitting his Bid that they have received all Addenda issued, and shall acknowledge their receipt in their Bid in the appropriate space. Not acknowledging an issued Addenda could be grounds for determining a bid to be non-responsive.

ARTICLE 4: BIDDING PROCEDURES

4.1 PREPARATION OF BIDS

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

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

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

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

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

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

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

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

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

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

4.1.11 Each bidder shall include in their bid a copy of a valid Delaware Business License.’

4.1.12 Each bidder shall include signed Affidavit(s) for the Bidder and each listed Subcontractor 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).

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 As required by Delaware Code, Title 29, section 6962(d)(10)b, 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. A Bid will be considered non-responsive unless the completed list is included.

4.3.2 Provide the Name and Address for each listed subcontractor. Addresses by City, Town or Locality, plus State, will be acceptable.

4.3.3 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 EQUALITY OF EMPLOYMENT OPPORTUNITY ON PUBLIC WORKS

4.4.1 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."

4.5 PREVAILING WAGE REQUIREMENT

4.5.1 Wage Provisions: In accordance with Delaware Code, Title 29, Section 6960, renovation projects whose total cost shall exceed $45,000, and $500,000 for new construction, 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.

4.5.2 The prevailing wage shall be the wage paid to a majority of employees performing similar work as reported in the Department’s annual prevailing wage survey or in the absence of a majority, the average paid to all employees reported.

4.5.3 The employer shall pay all mechanics and labors employed directly upon the site of work, 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.

4.5.4 The scale of the wages to be paid shall be posted by the employer in a prominent and easily accessible place at the site of the work.

4.5.5 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.

4.6 SUBMISSION OF BIDS

4.6.1 Enclose the Bid, the Bid Security, and any other documents required to be submitted with the Bid in a sealed opaque envelope. Address the envelope to the party receiving the Bids. Identify with the project name, project number, and the Bidder's name and address. If the Bid is sent by mail, enclose the sealed envelope in a separate mailing envelope with the notation "BID ENCLOSED" on the face thereof. The State is not responsible for the opening of bids prior to bid opening date and time that are not properly marked.

4.6.2 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.

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

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

4.6.5 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.

4.7 MODIFICATION OR WITHDRAW OF BIDS

4.7.1 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.

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

4.7.3 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 day of the Bid opening.

5.2 COMPARISON OF BIDS

5.2.1 After the Bids have been opened and read, the bid prices will be compared and the result of such comparisons will be made available to the public. Comparisons of the Bids may be based on the Base Bid plus desired Alternates. The Agency shall have the right to accept Alternates in any 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).

5.3 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.

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.”

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.

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 one year after the date of substantial completion.

5.4.6 If the successful Bidder fails to execute the required Contract and Bond, 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 a copy of its Delaware business license, 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 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 BUSINESS DESIGNATION FORM

6.2.1 Successful bidder shall be required to accurately complete an Office of Management and Budget Business Designation Form for Subcontractors.

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.

ARTICLE 8: FORM OF AGREEMENT BETWEEN AGENCY 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.

ARTICLE 9: LIQUIDATED DAMAGES

9.1 Schedule of Liquidated Damages:

Schedule of Liquidated Damages Awarded Contract Value Daily Charge

For Greater Than Up to and Including Calendar Day

$0.00 $25,000.00 $290.00

$25,000.00 $50,000.00 $300.00

$50,000.00 $100,000.00 $400.00

$100,000.00 $500,000.00 $630.00

$500,000.00 $1,000,000.00 $820.00

$1,000,000.00 $2,000,000.00 $1,000.00

$2,000,000.00 $5,000,000.00 $1,060.00

$5,000,000.00 $10,000,000.00 $1,180.00

$10,000,000.00 $15,000,000.00 $1,870.00

$15,000,000.00 $20,000,000.00 $3,130.00

9.2

INSTRUCTIONS TO BIDDERS 00 21 13

$20,000,000.00 Over $4,360.00

For each calendar day or work day that work remains uncompleted after the Contract time has expired or beyond the completion date established by the Contract, the sum specified in paragraph 9.1 of this document, will be deducted from any money due the Contractor. This sum shall not be considered and treated as a penalty but as liquidated damages due the University by reason of inconvenience to the public, added cost of engineering and supervision, and other extra expenditures of public funds due to the Contractor′s failure to complete the work on time. Any adjustment of the Contract time for completion of the work granted by the University will be considered in the assessment of liquidated damages.

END OF SECTION 00 21 13

BID FORM 00 41 13

BID FORM

Project: PC-24-013 Hope House Phase 1 Restoration Location: Delaware State University

Main Campus 1200 North DuPont Hwy Dover, Delaware 19901

For Bids Due: November 19, 2026, 3:00 PM

To: Delaware State University Facilities Building, Office 105 1200 N. DuPont Highway Dover, DE 19901-2277 Attn: Khalid Zerrad

Name of Bidder:

Delaware Business License No.: Taxpayer ID No.:

(A copy of Bidder’s Delaware Business License must be attached to this form.)

(Other License Nos.):

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

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

$ (Written Out).

($ ) (Figures).

[This price includes all allowances as documented within the project manual.]

A. ALTERNATES (Note: project is subject to prevailing wages)

1. Alternates: Alternate prices conform to applicable project specification section. Refer to the drawing specifications for a complete description of the following Alternates. An “ADD” or “DEDUCT” amount is indicated by the crossing out the part that does not apply.

a. Alternate #1: Net - ADD / DEDUCT

• _______________________________________________ (Figures).

See drawing number AD-101 and A-101

• _______________________________________________ (Written Out).

b. Alternate #2: Net - ADD / DEDUCT See drawing number AD-101 and A-101

• _______________________________________________ (Figures).

• _______________________________________________ (Written Out).

c. Alternate #3: Net - ADD / DEDUCT

• _______________________________________________ (Figures).

• _______________________________________________ (Written Out).

B. UNIT PRICES

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

ADD DEDUCT

UNIT PRICE No. 1: (BRIEF DESCRIPTION) $ $

UNIT PRICE No. 2: (BRIEF DESCRIPTION) $ $

UNIT PRICE No. 3: (BRIEF DESCRIPTION) $ $

C. WORK SCHEDULE

1. We understand that this contract is governed by liquidated damages and that submission of this bid is acceptance of the proposed contract completion date. Our proposed detailed project schedule shows more fully the sequence of activities necessary to meet the specified schedule.

The project schedule is a required attachment of a complete bid and failure to submit a viable schedule will be a justifiable reason to deem the bid as incomplete. Bid schedule shall be submitted in Gantt Chart format (Microsoft Project preferred) to be deemed as an adequate project schedule.

a. Schedule should be detailed by trade and show manpower, or provide narrative explaining planned crews.

b. Include milestones, phasing, critical path, etc.

c. Document any weather contingency built into schedule.

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

3. Alternative Work Hours

Work during “regular hours” at this site is being performed on a single shift, eight hours per day, 7:30 AM to 4:30 PM, and five days per week, Monday through Friday. To meet the schedule established on the basis of Item 1 above, our proposed work hours will be ____ hours per day, _____ AM to _____ PM, and _____ days per week, ________ through _______ the cost of which is reflected in our lump sum price. Our lump sum price also includes any mandatory off-hours work required per special conditions.

D. SITE SUPERINTENDANT

We propose to use __________________________________ as our site superintendent. A resume of his/her qualifications is attached.

We understand that DSU reserves the right to interview him/her prior to contract award/prior to start of work and to reject him/her if not considered acceptable. If rejected, we will propose alternate personnel for the position who will be subject to the same review and acceptance procedure, at no increase in our lump sum proposal.

We also understand DSU reserves the right to reject our bid if we are unable to provide a site supervisor acceptable to DSU within thirty (30) calendar days after submission of this bid.

E. REMARKS

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

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

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

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

5. Our Bid Price(s) are firm based on contract award within thirty (30) calendar days of the date of submittal of this bid.

6. I/We understand that we will not be compensated at a later date for claimed additional costs based on any information received during the bid period, but which is not identified in our proposal and subsequently accepted in writing by DSU.

The undersigned represents and warrants that he has complied and shall comply with all requirements of local, state, and national laws; that no legal requirement has been or shall be violated in making or accepting this bid, in awarding the contract to him or in the prosecution of the work required; that the bid is legal and firm; that he has not, directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken action in restraint of free competitive bidding.

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

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

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

(State of Corporation)

Business Address:

Witness: By:

( Authorized Signature )

(SEAL)

( Title )

Date:

ATTACHMENTS

Sub-Contractor List Non-Collusion Statement Bid Security Construction Schedule Resume of Site Superintendent (Others as Required by Project Manuals)

END OF SECTION 00 41 13

DELAWARE STATE UNIVERSITY DEPARTMENT OF FACILITIES MANAGEMENT

BID BOND 00 43 13

STATE OF DELAWARE

OFFICE OF MANAGEMENT AND BUDGET

BID BOND

TO ACCOMPANY PROPOSAL

(Not necessary if security is used)

KNOW ALL MEN BY THESE PRESENTS That:

of in the County of and State of as Principal, and of in the County of and State of as Surety, legally authorized to do business in the State of Delaware (“State”), are held and firmly unto the State in the sum of Dollars ($ ), or percent not to exceed

Dollars ($ ) of amount of bid on Contract No. , to be paid to the State for the use and benefit of (insert State agency name) for which payment well and truly to be made, we do bind ourselves, our and each of our heirs, executors, administrators, and successors, jointly and severally for and in the whole firmly by these presents.

NOW THE CONDITION OF THIS OBLIGATION IS SUCH That if the above bonded Principal who has submitted to the (insert State agency name) a certain proposal to enter into this contract for the furnishing of certain material and/or services within the State, shall be awarded this Contract, and if said Principal shall well and truly enter into and execute this Contract as may be required by the terms of this Contract and approved by the (insert State agency name) this Contract to be entered into within twenty days after the date of official notice of the award thereof in accordance with the terms of said proposal, then this obligation shall be void…