NAT26805-POINTTRAIL_specs.pdf

STATE OF DELAWARE

Department of Natural Resources and Environmental Control

Division of Parks and Recreation 89 Kings Highway

Dover, DE 19901

DNREC Contract No.: NAT26805-POINTTRAIL

PROJECT MANUAL

CAPE HENLOPEN STATE PARK POINT TRAIL

at

CAPE HENLOPEN STATE PARK

Post Road

Lewes, DE 19958

Prepared by

Architect/Engineer

Greenman Pedersen Inc. (GPI)

119 Neurology Way

Milford, DE 19963

Construction Documents

March 2026

Cape Henlopen State Park

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SEALS PAGE 00 01 07 - 1

SECTION 00 01 07 – SEALS PAGE

1.1 DESIGN PROFESSIONAL OF RECORD

CIVIL ENGINEER

Benjamin S. Wilson, P.E.

Greenman-Pedersen, Inc. (GPI)

119 Neurology Way, Milford, DE

Signature: Date: Seal:

END OF SECTION 00 01 07

2/25/26

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00 01 07 - 2 SEALS PAGE

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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.

DOCUMENTS BOUND HEREWITH

Division Section Title Pages

DIVISION 00 – PROCUREMENT AND CONTRACT REQUIREMENTS

INTRODUCTORY INFORMATION

00 01 01 PROJECT TITLE PAGE .......................................................................................... 2 pages

00 01 07 SEALS PAGE .......................................................................................................... 2 pages

00 01 10 TABLE OF CONTENTS ......................................................................................... 4 pages

LOCATION MAP .................................................................................................... 2 pages

00 01 15 LIST OF DRAWINGS ............................................................................................. 2 pages

PROCUREMENT REQUIREMENTS

00 11 16 INVITATION TO BID ............................................................................................ 2 pages

00 21 13 INSTRUCTIONS TO BIDDERS ............................................................................. 14 pages

00 41 13 BID FORM ............................................................................................................... 9 pages

00 43 13 BID BOND ............................................................................................................... 2 pages

CONTRACTING REQUIREMENTS

00 52 13 STANDARD FORM OF AGREEMENT BETWEEN OWNER AND

CONTRACTOR ....................................................................................................... 2 pages

(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 .................................................................................... 2 pages

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 ........................ 2 pages

(SAMPLE AIA G702 & G703) ................................................................................ 2 pages

00 72 13 GENERAL CONDITIONS TO THE CONTRACT ................................................ 2 pages

(SAMPLE AIA A201-2017) .................................................................................... 40 pages

00 73 13 SUPPLEMENTARY GENERAL CONDITIONS ................................................... 14 pages

00 73 46 WAGE RATE REQUIREMENTS ........................................................................... 4 pages

00 81 13 GENERAL REQUIREMENTS................................................................................ 16 pages

00 81 14 DRUG TESTING FORMS ...................................................................................... 3 pages

00 81 15 AFFIDAVIT OF CRAFT TRAINING COMPLIANCE .......................................... 2 pages

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DIVISION 1 – GENERAL REQUIREMENTS

01 10 00 SUMMARY ............................................................................................................. 6 pages

01 14 00 WORK RESTRICTIONS ......................................................................................... 3 pages

01 21 00 ALLOWANCES (NOT USED) ............................................................................... 2 pages

01 22 00 UNIT PRICES .......................................................................................................... 3 pages

01 24 00 PERMITS ................................................................................................................. 3 pages

01 25 00 CONTRACT MODIFICATION PROCEDURES ................................................... 3 pages

01 29 00 PAYMENT PROCEDURES .................................................................................... 4 pages

01 31 00 PROJECT MANAGEMENT AND COORDINATION .......................................... 4 pages

01 31 50 FIELD ENGINEERING ........................................................................................... 3 pages

01 32 00 CONSTRUCTION PROGRESS DOCUMENTATION .......................................... 5 pages

01 32 33 PHOTOGRAPHIC DOCUMENTATION ............................................................... 3 pages

01 33 00 SUBMITTAL PROCEDURES ................................................................................ 10 pages

01 40 00 QUALITY REQUIREMENTS ................................................................................ 8 pages

01 42 00 REFERENCE STANDARDS AND DEFINITIONS ............................................... 5 pages

01 50 00 TEMPORARY FACILITIES AND CONTROLS ................................................... 11 pages

01 56 00 ENVIRONMENTAL PROTECTION...................................................................... 4 pages

01 56 39 TEMPORARY TREE AND PLANT PROTECTION ............................................. 8 pages

01 60 00 PRODUCT REQUIREMENTS ............................................................................... 10 pages

01 73 00 EXECUTION REQUIREMENTS ........................................................................... 7 pages

01 73 29 CUTTING AND PATCHING .................................................................................. 4 pages

01 74 19 CONSTRUCTION WASTE MANAGEMENT AND DISPOSAL ......................... 9 pages

01 77 00 CLOSEOUT PROCEDURES .................................................................................. 7 pages

01 78 23 MAINTENANCE DATA ......................................................................................... 5 pages

01 78 39 PROJECT RECORD DOCUMENTS ...................................................................... 5 pages

DIVISION 6 – WOOD, PLASTICS AND COMPOSITES

06 10 63 EXTERIOR ROUGH CARPENTRY ...................................................................... 4 pages

DIVISION 31 – EARTHWORK

31 10 00 SITE CLEARING .................................................................................................... 4 pages

31 20 00 EARTH MOVING ................................................................................................... 10 pages

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DELDOT STANDARD SPECIFICATIONS (the following Delaware Department of Transportation

Standard Specifications for Road and Bridge Construction (Revision #4 January 2024) are included by reference only and are not reprinted in this Project Manual) https://deldot.gov/Publications/manuals/standard_specifications/

DIVISION 100 – GENERAL PROVISIONS

106 MATERIAL QUALITY AND TESTING REQUIREMENTS

DIVISION 200 – EARTH WORK

201 CLEARING AND GRUBBING

202 EXCAVATION AND EMBANKMENT

204 TEST HOLES

207 STRUCTURAL EXCAVATION AND BACKFILLING

211 REMOVAL OF STRUCTURES AND OBSTRUCTIONS

DIVISION 300 – BASE COURSES

301 GRADED AGGREGATE BASE COURSE

302 STONE

DIVISION 400 – BITUMINOUS MATERIALS

401 BITUMINOUS PAVEMENT

401005 SUPERPAVE, TYPE C, PG 64-22 (CARBONATE STONE)

401014 SUPERPAVE, TYPE B, PG 64-22

401029 SUPERPAVE, TYPE C, PG 64-22, PATCHING

401030 SUPERPAVE, TYPE B, PG 64-22, PATCHING

DIVISION 600 – STRUCTURES

601 PIPE CULVERTS

610 CONCRETE STRUCTURES

615 STEEL STRUCTURES

621 WOOD STRUCTURES

626 METAL RAILINGS

DIVISION 700 – MISCELLANEOUS CONSTRUCTION

701 PCC CURB, INTEGRAL PCC CURB, PCC MONOLITHIC MEDIAN, AND CURB OPENINGS

705 PCC SIDEWALK, PEDESTRIAN CONNECTIONS, AND DETECTABLE WEARING SURFACE

706 MONUMENT

707 RIPRAP

708 GEOTEXTILES

709 UNDERDRAINS

727 FENCE

760 PAVEMENT MILLING AND RUMBLE STRIPS

762 SAW CUTTING AND BUTT JOINTS

763 INITIAL EXPENSE, DE-MOBILIZATION

DIVISION 800 - TRAFFIC

801 TEMPORARY TRAFFIC CONTROL – GENERAL

810 TEMPORARY WARNING SIGNS

https://deldot.gov/Publications/manuals/standard_specifications/

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811 FLAGGERS

813 TEMPORARY BARRICADES

817 PAVEMENT MARKINGS

818 SIGN PANELS

819 SIGNPOSTS

DIVISION 900 – EROSION, SEDIMENT, AND STORMWATER MEASURES

905 SEDIMENT TRAPPING DEVICES

907 WATER CONTROL PRACTICES

908 SOIL STABILIZATION PRACTICES

911 PLANTINGS

DIVISION 1000 – MATERIALS

ALL APPLICABLE SECTIONS AS REFERENCED BY NOTED SECTIONS ABOVE

TECHNICAL SPECIFICATIONS PACKAGE

605503 HELICAL SCREW FOUNDATIONS

701510 CURB/SIDEWALK OPENING (CAST-IN-PLACE)

705511 BIKE RACK

720556 BOLLARD

819507 WOODEN SIGN SUPPORTS

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SECTION 00 01 15

LIST OF DRAWINGS

Sheet No. Sheet Description

1 Title

2 Notes and Index of Sheets

3 Legend

4-8 Horizontal and Vertical Control

9-14 Construction Plan, Typical Sections, and Signing and Striping

15-19 Profiles

20-24 Grades and Geometrics

25-28

29-30

31-33

34-44

45-49

General Plan and Elevation

Boardwalk Details

Environmental Compliance Plan

Construction Phasing, M.O.T. Plan and Erosion Control Plans

Landscaping Plans

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SECTION 00 11 16

INVITATION TO BID

Sealed bids for DNREC Contract No. NAT26805-POINTTRAIL, will be received by the State of Delaware, DNREC, Division of Parks and Recreation at 89 Kings Highway, Dover DE 19901 until 11:00 A.M. local time on Tuesday, April 14, 2026 The bids will be opened and read aloud live at 11:00 A.M. local time on Tuesday, April 14, 2026, via an online video conference with an option to call in using a telephone. The bid opening will not be held in-person. To attend the bid opening, the public may join via Microsoft Teams enabled computer or mobile app, using

Teams Meeting ID: 269 680 675 397 96 and Passcode: “gz6f2z4M”. Audio-only, conference call type of participation is available by calling 1-302-504-8986 and using ID: “642 641 872#”

Project involves the construction of the Cape Henlopen State Park Point Trail between the Main Beach

Bathhouse and the Northeast parking lot within Cape Henlopen State Park. Work comprises of the construction of a new 3320-ft (+/-) long, 10’-0” wide asphalt trail, and includes a 480-ft (+/-) long 11’-5” wide timber boardwalk. New pavement is proposed where Prettyman Lane intersects with Post Road.

A MANDATORY Pre-Bid Meeting will be held on Tuesday, March 24, 2026, at 11:00 A.M. at Cape Henlopen State

Park – Main Beach Parking Lot, 15099 Cape Henlopen Drive, Lewes, DE 19958, Enter the park and follow signs toward “Main Beach” 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.

Sealed bids shall be addressed to the DNREC - Division of Parks and Recreation, 89 Kings Highway, Dover, DE

19901. The outer envelope should clearly indicate: "DNREC CONTRACT NO. NAT26805-POINTTRAIL-

SEALED BID - DO NOT OPEN." We are also accepting, and prefer, emailed bids. They must be emailed to

Shawn.Heacock@delaware.gov and Julio.Seneus@delaware.gov prior to the bid deadline. Bidders bear the risk of late delivery regardless of submission method. Any bids received after the deadline will be rejected.

Contract documents shall be obtained by using the online form located at https://bit.ly/2TVIu2z and filling in the required fields. Once the information is provided, bid documents will be sent by email using Egress

Switch (State’s secure email drop-box type of system). The documents will be e-mailed at no cost.

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 e-mail to those bidders receiving plans.

Gregory Patterson, Secretary

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INVITATION TO BID 00 11 16-2

END OF SECTION 00 11 16

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INSTRUCTIONS TO BIDDERS 00 21 13-1

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

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ARTICLE 1: GENERAL

1.1 DEFINITIONS

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

1.2 STATE: The State of Delaware.

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

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

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

Documents. The Bidding Requirements consist of the Advertisement for Bid, Invitation to Bid, Instructions to

Bidders, Supplementary Instructions to Bidders (if any), General Conditions, Supplementary General

Conditions, General Requirements, Special Provisions (if any), the Bid Form (including the Non-collusion

Statement), and other sample bidding and contract forms. The proposed Contract Documents consist of the form of Agreement between the Owner and Contractor, as well as the Drawings, Specifications (Project

Manual) and all Addenda issued prior to execution of the Contract.

1.6 CONTRACT DOCUMENTS: The Contract Documents consist of the, Instructions to Bidders, Supplementary

Instructions to Bidders (if any), General Conditions, Supplementary General Conditions, General

Requirements, Special Provisions (if any), the form of agreement between the Owner and the Contractor, Drawings (if any), Specifications (Project Manual), and all addenda.

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

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

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

1.10 ADDENDA: Written or graphic instruments issued by the Owner/Architect prior to the execution of the contract which modify or interpret the Bidding Documents by additions, deletions, clarifications or corrections.

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

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

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

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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.

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

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INSTRUCTIONS TO BIDDERS 00 21 13-4

2.3.1 For Public Works Contracts, each Joint Venturer shall be qualified and capable to complete the Work with their own forces.

2.3.2 Included with the Bid submission, and as a requirement to bid, a copy of the executed Joint Venture

Agreement shall be submitted and signed by all Joint Venturers involved.

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

2.3.4 All required insurance certificates shall name both Joint Venturers.

2.3.5 Both Joint Venturers shall sign the Bid Form.

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

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

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

2.4 ASSIGNMENT OF ANTITRUST CLAIMS

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

ARTICLE 3: BIDDING DOCUMENTS

3.1 COPIES OF BID DOCUMENTS

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

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

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which the Bid is submitted, shall examine the site and local conditions, and shall report any errors, inconsistencies, or ambiguities discovered to the Architect.

3.2.2 Bidders or Sub-bidders requiring clarification or interpretation of the Bidding Documents shall make a written request to the Architect at least seven days prior to the date for receipt of Bids. Interpretations, corrections and changes to the Bidding Documents will be made by written Addendum.

Interpretations, corrections, or changes to the Bidding Documents made in any other manner shall not be binding.

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

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

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

3.3 SUBSTITUTIONS

3.3.1 The materials, products and equipment described in the Bidding Documents establish a standard of quality, required function, dimension, and appearance to be met by any proposed substitution. The specification of a particular manufacturer or model number is not intended to be proprietary in any way. Substitutions of products for those named will be considered, providing that the Vendor certifies that the function, quality, and performance characteristics of the material offered is equal or superior to that specified. It shall be the Bidder's responsibility to assure that the proposed substitution will not affect the intent of the design, and to make any installation modifications required to accommodate the substitution.

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

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.

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3.4.3 No Addenda will be issued later than 2 calendar days prior to the date for receipt of Bids except an

Addendum withdrawing the request for Bids or one which extends the time or changes the location for the opening of bids.

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

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

ARTICLE 4: BIDDING PROCEDURES

4.1 PREPARATION OF BIDS

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

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

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

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

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

4.1.6 BID ALL REQUESTED ALTERNATES AND UNIT PRICES, IF ANY. If there is no change in the

Base Bid for an Alternate, enter “No Change”. The Contractor is responsible for verifying that they have received all addenda issued during the bidding period. Work required by Addenda shall 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

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INSTRUCTIONS TO BIDDERS 00 21 13-7

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 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

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utilize the subcontractors on the list will subject the successful bidder to penalties as outlined in the

General Requirements Section 5.2 of the contract.

4.5 AFFIDAVIT OF CRAFT TRAINING COMPLIANCE

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

A. A project meets the prevailing wage requirement under Title 29, Chapter 69, Section

6960 of the Delaware Code.

B. The contractor employs 10 or more total employees.

C. The project is not a federal highway project

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

Delaware Code.

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

4.6 EQUALITY OF EMPLOYMENT OPPORTUNITY ON PUBLIC WORKS

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

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

Contractor will take affirmative action to ensure the applicants are employed, and that employees are treated during employment, without regard to their race, creed, sex, color, sexual orientation, gender identity or national origin. Such action shall include, but not be limited to, the following: Employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation;

and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places available to employees and applicants for employment notices to be provided by the contracting agency setting forth this nondiscrimination clause.

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

4.7 PREVAILING WAGE REQUIREMENT

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

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4.7.3 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.

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

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

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

ARTICLE 5: CONSIDERATION OF BIDS

5.1 OPENING/REJECTION OF BIDS

5.1.1 Unless otherwise stated, Bids received on time will be publicly opened and will be read aloud. An abstract of the Bids will be made available to Bidders.

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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.

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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.

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 one year after the date of substantial completion.

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

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will then be made to the next lowest qualified Bidder of the Work or readvertised, as the Agency may decide.

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

Such numbers shall be provided on the later of the date on which such subcontractor is required to be identified or the time the contract is executed. The successful Bidder shall provide to the agency to which it is contracting, within 30 days of entering into such public works contract, copies of all

Delaware Business licenses of subcontractors and/or independent contractors that will perform work for such public works contract. However, if a subcontractor or independent contractor is hired or contracted more than 20 days after the Bidder entered the public works contract the Delaware Business license of such subcontractor or independent contractor shall be provided to the agency within 10 days of being contracted or hired.

5.4.8 The Bid Security shall be returned to the successful Bidder upon the execution of the formal contract.

The Bid Securities of unsuccessful bidders shall be returned within thirty (30) calendar days after the opening of the Bids.

ARTICLE 6: POST-BID INFORMATION

6.1 CONTRACTOR’S QUALIFICATION STATEMENT

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

6.2 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.

6.3 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.

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.

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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…