NAT24001-DAMCONST-specs.pdf

STATE OF DELAWARE

DEPARTMENT OF NATURAL RESOURCES AND

ENVIRONMENTAL CONTROL

CONTRACT # NAT24001-DAMCONST

SPECIFICATIONS

FOR

IMPROVEMENTS TO GRIFFITH LAKE DAM

IN

Kent and Sussex Counties, Delaware

Completion Time: 520 Calendar Days

PREPARED

BY

Ramboll Americas Engineering Solutions, Inc.

ISSUED FOR BID

NOVEMBER 2025

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Confidential

STATE OF DELAWARE

DEPARTMENT OF NATURAL RESOURCES AND

ENVIRONMENTAL CONTROL

CONTRACT # NAT24001-DAMCONST

Kent and Sussex Counties, Delaware

Prepared for

State of Delaware

Department of Natural Resources and Environmental Control

Robert R. Bowers, P.E., Vice President

This copyrighted material represents the proprietary work product of Ramboll. This material was prepared for the specific purpose of securing a contract with the above client. No other use, reproduction, or distribution of this material or of the approaches it contains, is authorized without the prior express written consent of Ramboll. However, the recipient may make as many copies of this document as deemed necessary for the sole purpose of evaluating this document for final selection and award.

© 2025

All Rights Reserved

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STATE OF DELAWARE DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROL

TABLE OF CONTENTS 00 01 10 - 1

SECTION 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 07 Seals Page 1 page

00 01 10 Table of Contents 4 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 14 pages

00 41 13 Bid Form 10 pages

00 43 13 Bid Bond 1 page

CONTRACTING REQUIREMENTS

00 52 13 Standard Form of Agreement Between Owner and Contractor 1 page

(Sample AIA A101-2017) 8 pages

(Sample AIA A101-2017 – Exhibit A) 7 pages

00 54 13 Supplement to Agreement Between Owner & Contractor A101-2017 1 page

00 54 14 Supplement to A101-2017 – EXHIBIT A – INSURANCE & BONDS 2 pages

00 61 13.13 Performance Bond 2 pages

00 61 13.16 Payment Bond 2 pages

00 62 76 Application and Certificate for Payment Forms 1 page

(SAMPLE AIA G702 & G703) 2 pages

00 72 13 General Conditions of the Contract for Construction A201-2017 1 page

(Sample AIA A201-2017) 39 pages

00 73 13 Supplementary General Conditions A201 – 2017 14 pages

00 73 43 Wage Rate Requirements 1 page

00 73 46 Wage Determination Schedule 5 pages

TABLE OF CONTENTS 00 01 10 - 2

DIVISION 00 – PROCUREMENT AND CONTRACT REQUIREMENTS (CONTINUED)

00 81 13 General Requirements 15 pages

00 81 14 Employee Drug Testing Report Forms 2 pages

00 81 15 Affidavit for Craft Training Compliance 2 pages

DIVISION 01 – GENERAL REQUIREMENTS

01 11 00 Summary of Work 3 pages

01 21 00 Allowances 3 pages

01 21 16 Allowance Authorization 1 page

01 22 00 Unit Prices 2 pages

01 22 01 Lump Sum Prices 3 pages

01 25 00 Substitution Procedures 3 pages

01 26 00 Contract Modification Procedures 3 pages

01 29 00 Payment Procedures 6 pages

01 31 00 Project Management and Coordination 8 pages

01 32 00 Construction Progress Documentation 9 pages

01 33 00 Submittal Procedures 13 pages

01 42 00 References 6 pages

01 45 00 Quality Requirements 9 pages

01 51 00 Temporary Utilities 4 pages

01 51 50 Field Office Trailer 3 pages

01 55 19 Access Roads and Parking Areas 3 pages

01 55 26 Traffic Control 5 pages

01 66 00 Product Delivery, Storage and Handling Requirements 4 pages

01 71 13 Mobilization and Demobilization 2 pages

01 71 23 Field Engineering 5 pages

01 73 00 Execution 9 pages

01 74 19 Construction Waste Management 7 pages

01 77 00 Closeout Procedures 4 pages

01 78 23 Operations and Maintenance Data 6 pages

01 78 39 Project Record Documents 3 pages

TABLE OF CONTENTS 00 01 10 - 3

DIVISION 02 – EXISTING CONDITIONS

02 41 19 Selective Demolition 4 pages

DIVISION 03 – CONCRETE

03 01 30.61 Concrete Surface Preparation 2 pages

03 10 00 Formwork 2 pages

03 15 13 Waterstops 6 pages

03 21 00 Reinforcing Steel 2 pages

03 30 00 Cast-In-Place Concrete 14 pages

DIVISION 05 – METALS

05 12 00 Structural Steel Framing 7 pages

05 50 00 Metal Fabrications 14 pages

05 52 13 Pipe and Tube Railings 6 pages

05 53 13 Bar Gratings 5 pages

DIVISION 07 – THERMAL AND MOISTURE PROTECTION

07 92 00 Joint Sealants 3 pages

DIVISION 31 – SITEWORK

31 05 16 Aggregates for Earthwork 3 pages

31 08 13.13 Dynamic Pile Testing 4 pages

31 11 00 Clearing and Grubbing 3 pages

31 14 13.23 Topsoil Stripping and Stockpiling 1 page

31 23 16 Excavation 3 pages

31 23 23 Earthfill 4 pages

31 23 23.23 Flowable Fill 4 pages

31 25 00 Erosion and Sedimentation Controls 6 pages

31 37 00 Riprap 3 pages

31 52 00 Control of Water 6 pages

31 62 16.13 Steel Sheet Piles 5 pages

31 62 16.16 Steel H-Piles 6 pages

TABLE OF CONTENTS 00 01 10 - 4

DIVISION 32 – EXTERIOR IMPROVEMENTS

32 01 00.91 Restoration of Surfaces 3 pages

32 16 16 Asphalt Paving 5 pages

32 93 13 Topsoil and Seeding 4 pages

DIVISION 35 – WATERWAY AND MARINE CONSTRUCTION

35 20 16 Stainless Steel Hydraulic Gates 9 pages

APPENDICES

Appendix A Environmental Permits and Approvals

Appendix B Detour Plan for Griffith Lake Drive

Appendix C Griffith Lake Drive Bridge Contract Drawings

C. DOCUMENTS BOUND SEPARATELY:

1. Contract Drawings – Refer to Section 00 01 15 “List of Drawing Sheets”

END OF SECTION

LIST OF DRAWING SHEETS 00 01 15 - 1

SECTION 00 01 15

LIST OF DRAWING SHEETS

IMPROVEMENTS TO GRIFFITH LAKE DAM

General Sheets:

G-1 Title Sheet & Index of Drawings G-2 Abbreviations, Method of Sectioning & Legends G-3 Existing Conditions Site Plan G-4 Spillway Existing Conditions Plan & Sections G-5 Erosion & Sediment Control Plan G-6 Erosion & Sediment Control Notes & Details Sheet 1 of 6 G-7 Erosion & Sediment Control Details Sheet 2 of 6 G-8 Erosion & Sediment Control Details Sheet 3 of 6 G-9 Erosion & Sediment Control Details Sheet 4 of 6 G-10 Erosion & Sediment Control Details Sheet 5 of 6 G-11 Erosion & Sediment Control Details Sheet 6 of 6 G-12 Construction Sequencing Stage 1 G-13 Construction Sequencing Stage 2 G-14 Construction Sequencing Stage 3 G-15 Construction Sequencing Completion Stage Civil Sheets:

C-1 Spillway Improvements Plan C-2 Civil Sections Sheet 1 of 2 C-3 Civil Sections Sheet 2 of 2 C-4 Civil Typical Sections & Details Sheet C-5 Miscellaneous Civil Sections & Details Structural Sheets:

S-1 Structural General Notes & Specifications S-2 Demolition Plan, Elevation & Sections S-3 Outlet Structure & Spillway Pile Plan at EL 7.0 S-4 Outlet Structure & Spillway Concrete Plan at EL 12.25 S-5 Outlet Structure & Spillway Plan at EL 26.5 S-6 Outlet Structure & Spillway General Sections S-7 Outlet Structures Guard & Grating Plan S-8 DELDOT Bridge Abutment Wingwall Plan, Sections and Details S-9 Outlet Structure & Spillway Reinforcing Plan S-10 Outlet Structure & Spillway Reinforcing Sections & Details S-11 Outlet Structure & Spillway Reinforcing Sections & Details S-12 Handrail Fabrication Plans, Sections & Details S-13 Typical Concrete Wall and Slab Joint Details Mechanical Sheets:

M-1 Multi-Leaf Weir Gate Installation Details M-2 Stop Log & Trash Rack Guides Installation Details Reference Sheets:

Ref. 1 Subsurface Investigation Boring Location Plan & Logs Ref. 2 Detour Plan – Vehicular, Griffith Lake Drive Closure

INVITATION TO BID 00 11 16 - 1

SECTION 00 11 16

INVITATION TO BID

Sealed bids for OMB/DFM Contract No. NAT24001-DAMCONST, will be received by the State of

Delaware, Department of Natural Resources and Environmental Control, Division of Watershed

Stewardship, 285 Beiser Boulevard, Suite 102, Dover, Delaware 19904 until 2 PM local time on January

21, 2026, at which time they will be publicly opened and read aloud in the DNREC Conference Room.

Bidder bears the risk of late delivery. Any bids received after the stated time will be returned unopened.

Project involves the construction of improvements to Griffith Lake Dam located in Kent and Sussex

Counties. The improvements include, but are not limited to _Demolition/removal of the existing spillway and the north and south abutment training walls; construction of new pile supported cast-in-place concrete spillway, runout apron, outlet structure and abutment walls; installation of a galvanized steel bar screen trash rack and a multi-leaf self-contained stainless steel weir gate and associated site work.

Completion of all work shall be completed within 520 calendar days of the Notice to Proceed.

A MANDATORY Pre-Bid Meeting will be held on December 4, 2026, at 11 AM at the project site located at Griffith Lake Dam, 6284 Williamsville Road, Milford, DE 19963 for the purpose of establishing the listing of subcontractors and to answer questions. Representatives of each party to any Joint Venture must attend this meeting. ATTENDANCE OF THIS MEETING IS A PREREQUISITE FOR BIDDING ON

THIS CONTRACT.

Questions regarding this project must be emailed to Janice Shute at Janice.Shute@delaware.gov.

Questions must be submitted by December 15, 2025 by 5:00 PM EST. A compilation of responses to any received questions will be issued to all plan holders as an addendum and posted by January 8, 2026 by 5:00

PM EST at http://bids.delaware.gov.

Sealed bids shall be addressed to the Department of Natural Resources and Environmental Control, Division of Watershed Stewardship, 285 Beiser Boulevard, Suite 102, Dover, Delaware 19904, Attention:

Janice L. Shute, P.E. The outer envelope should clearly indicate: "CONTRACT NO. NAT24001-

DAMCONST- SEALED BID - DO NOT OPEN."

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. The Owner reserves the right to reject any or all bids and to waive any informalities therein. The Owner may extend the time and place for the opening of the bids from that described in the advertisement, with not less than two calendar days notice by certified delivery, facsimile machine or other electronic means to those bidders receiving plans.

INSTRUCTIONS TO BIDDERS 00 21 13 - 1

SECTION 00 21 13

INSTRUCTIONS TO BIDDERS

TABLE OF ARTICLES

1. GENERAL

2. BIDDER’S REPRESENTATION

3. BIDDING DOCUMENTS

4. BIDDING PROCEDURES

5. CONSIDERATION OF BIDS

6. POST-BID INFORMATION

7. PERFORMANCE BOND AND PAYMENT BOND

8. FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR

INSTRUCTIONS TO BIDDERS 00 21 13 - 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/Engineer 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.

INSTRUCTIONS TO BIDDERS 00 21 13 - 3

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

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

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.

INSTRUCTIONS TO BIDDERS 00 21 13 - 4

1.24 ARCHITECT OR ENGINEER: the person or entity retained by the Owner pursuant to AIA Document A201 – 2017 Section 2.3.2 and identified as such in the Agreement. For the purposes of this Contract, the Terms “Architect” and “Engineer” will be considered synonymous and interchangeable.

ARTICLE 2: BIDDER'S REPRESENTATION

2.1 PRE-BID MEETING

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

2.2 By submitting a Bid, the Bidder represents that:

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.

2.3 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, INSTRUCTIONS TO BIDDERS 00 21 13 - 5 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 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 Engineer 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 Engineer immediately.

3.1.4 The Agency and Engineer 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 Engineer.

3.2.2 Bidders or Sub-bidders requiring clarification or interpretation of the Bidding Documents shall make a written request to the Engineer 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

INSTRUCTIONS TO BIDDERS 00 21 13 - 6

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

3.3.3 If the Engineer 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 Engineer 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 Engineer 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.

INSTRUCTIONS TO BIDDERS 00 21 13 - 7

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 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).

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

INSTRUCTIONS TO BIDDERS 00 21 13 - 8

or the specified time has elapsed so the Bids may be withdrawn or all Bids have been rejected.

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

4.3 SUBCONTRACTOR LIST

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

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

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:

INSTRUCTIONS TO BIDDERS 00 21 13 - 9

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

B. The contractor employs 10 or more total employees.

C. The project is not a federal highway project

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

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

4.6 EQUALITY OF EMPLOYMENT OPPORTUNITY ON PUBLIC WORKS

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

A. The Contractor will not discriminate against any employee or applicant for employment because of race, creed, sex, color, sexual orientation, gender identity or national origin. The Contractor will take affirmative action to ensure the applicants are employed, and that employees are treated during employment, without regard to their race, creed, sex, color, sexual orientation, gender identity or national origin. Such action shall include, but not be limited to, the following:

Employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places available to employees and applicants for employment notices to be provided by the contracting agency setting forth this nondiscrimination clause.

B. The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, creed, sex, color, sexual orientation, gender identity or national origin."

4.7 PREVAILING WAGE REQUIREMENT

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

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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 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.

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

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

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

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

4.9 MODIFICATION OR WITHDRAW OF BIDS

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

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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, INSTRUCTIONS TO BIDDERS 00 21 13 - 12

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. 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.

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

5.4.6 If the successful Bidder fails to execute the required Contract, Bond and all required information, as aforesaid, within twenty (20) calendar days after the date of official Notice of the Award of the Contract, their Bid guaranty shall immediately be taken and become the property of the State for the benefit of the Agency as liquidated damages, and not as a forfeiture or as a penalty. Award will then be made to the next lowest qualified Bidder of the Work or readvertised, as the Agency may decide.

5.4.7 Each bidder shall supply with its bid its taxpayer identification number (i.e., federal employer identification number or social security number) and should the vendor be awarded a contract, such vendor shall provide to the agency the taxpayer identification license numbers of such subcontractors. Such numbers shall be provided on the later of the date on which such subcontractor is required to be identified or the time the contract is executed. The successful Bidder shall provide to the agency to which it is contracting, within 30 days of entering into such public works contract, copies of all Delaware Business licenses of subcontractors and/or independent contractors that will perform work for such public works contract. However, if a subcontractor or independent contractor is hired or contracted more than 20 days after the Bidder entered the public works contract the Delaware Business license of such subcontractor or independent contractor shall be provided to the agency within 10 days of being contracted or hired.

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

ARTICLE 6: POST-BID INFORMATION

6.1 CONTRACTOR’S QUALIFICATION STATEMENT

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

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

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.

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

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

7.2 TIME OF DELIVERY AND FORM OF BONDS

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

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

ARTICLE 8: FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR

8.1 Unless otherwise required in the Bidding Documents, the Agreement for the Work will be written on AIA Document A101, Standard Form of Agreement Between Owner and Contractor Where the Basis of Payment is a Stipulated Sum.

KENT AND SUSSEX COUNTIES, DELAWARE

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BID FORM

For Bids Due: To: Delaware Department of Natural Resources and Environmental Control Division of Watershed Stewardship 285 Beiser Boulevard, Suite 102 Dover, DE 19904

Name of Bidder:

Delaware Business License No.: Taxpayer ID No.:

(Other License Nos.):

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

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

A. BASE BID LUMP SUM ITEMS

Item 1 – Mobilization and Demobilization at a Fixed Maximum Lump Sum Price of:

$ Twenty-five Thousand Dollars and Zero Cents ($ 25,000.00 )

Item 2 – Improvements to Griffith Lake Dam at the Lump Sum Price of:

SUBTOTAL BASE BID LUMP SUM ITEMS (Sum of Items 1 through 2)

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BID FORM 00 41 13 - 2

B. UNIT PRICE ITEMS

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

UNIT

PRICE NO. BRIEF DESCRIPTION QUANTITY UNIT PRICE EXTENSION

Provide equipment and labor necessary to install Steel H-Piles to a tip elevation below those indicated on the Contract Drawings to achieve the required pile capacity.

220 LF $100 $22,000

Furnish an additional ten (10) feet and splice Steel H- Piles as required when driven in excess of tip elevations indicated on the Contract Drawings under Unit Price Item No. 2

22 EA $1,350 $29,700

Additional R-6 Riprap, in locations not indicated on the Contract Drawings or beyond the limits indicated on the Contract Drawings as directed

75 TON $100/TON $7,500

Additional Excavation, in locations not indicated on the Contract Drawings or in depths exceeding those shown on the Contract Drawings as directed.

50 CY $50 $2,500

Additional DelDOT #57 Coarse Aggregate, in locations not indicated on the Contract Drawings or beyond the limits indicated on the Contract Drawings as directed

25 CY $100 $2,500

Additional Earth Fill, in locations not indicated on the Contract Drawings or beyond the limits indicated on the Contract Drawings as directed

50 CY $50 $2,500

SUBTOTAL OF UNIT PRICE ITEMS (Sum of Items 1 through 6)

$ Sixty-six thousand, Seven hundred dollars and Zero cents ($66,700)

C. ALLOWANCES

Allowances conform to applicable project specification section. Refer to specifications for a complete description of the following Allowances.

Allowances are to be used to address additional scope of work including, but not limited to, potential repairs, rehabilitation or other additional work that may be identified by the Owner after Contract Award and after Control of Water measures have been installed and submerged work areas dewatered. Allowances will not be used for work identified by the Owner as Lump Sum or Unit Price Items [with the exception of providing funding should the aggregate value of the Unit Price items exceed Subtotal B based on actual quantities].

ALLOWANCE No. 1: Contingency Allowance for additional work at Griffith Lake Dam.

$ Seventy-five thousand dollars and Zero cents ($ 75,000.00 )

TOTAL BID (Sum of A: Base Bid, B: Unit Prices and C: Allowance)

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BID FORM

I/We acknowledge…