STATE OF DELAWARE

DEPARTMENT OF TRANSPORTATION

BID PROPOSAL

CONTRACT T201412701

US113 @ SR18/SR404 (GEORGETOWN)

GRADE SEPARATED INTERSECTION

Federal Aid No. ESTP-2014(05)

CFDA: 20.205

Advertisement Date: December 16, 2025

INCLUDED IN THIS DOCUMENT: ADDITIONAL BID PROPOSAL ITEMS:

BID PROPOSAL:

GENERAL DESCRIPTION

PROSPECTIVE BIDDERS NOTES

GENERAL NOTICES

PREVAILING WAGES

SPECIAL PROVISIONS

STATEMENTS

QUANTITY SHEET SUMMARY

ATTACHED OR POSTED DOCUMENTS:

PROJECT PLANS

QUESTIONS & ANSWERS (if posted)

BREAKOUT SHEETS

BIDDERS LIST

PAPER BIDDERS CONTACT DELDOT

FOR BID SUBMITTAL DOCUMENTS:

DRUG TESTING AFFIDAVIT

CERTIFICATION FORM

BID BOND FORM

CD FOR BID PRICE ENTRY & PRINTING

BIDDERS LIST

This Bid Proposal and related documents can be viewed on bids.delaware.gov and bidx.com/de/

Internet Bids for Bidders with Bid Express® accounts can be submitted at BIDX.com/de; OR;

Paper Bids with CD will be received in the Bidder's Room at the DelDOT Administration Building, Dover, DE;

ALL BIDS DUE PRIOR TO 2:00 P.M. Local Time, FEBRUARY 10, 2026 https://bids.delaware.gov/ https://bidx.com/de/main

Contract No. T201412701

US113 @ SR18/SR404 (Georgetown) Grade Separated Intersection Federal Aid Project No. ESTP-2014(05)

GENERAL DESCRIPTION

A. BIDS DUE: FEBRUARY 10, 2026 PRIOR TO 2:00 P.M. Local Time – unless changed via

Addendum.

BIDS MUST BE SUBMITTED VIA:

(a) Internet - Bidders with DelDOT Bid Express® accounts can submit bids at bidx.com/de/.

OR:

(b) Paper Bid Delivered To: Delaware Department of Transportation (DelDOT), Administration Building

North Entrance, Bidders Room, 800 Bay Road, Dover, DE 19901

For paper bids, contact DelDOT at dot-ask@delaware.gov or (302) 760-2031 to request a CD for bidding, required forms, and instructions. Bidders enter their Bid Item prices onto the supplied CD then print the form and deliver in a sealed envelope; the Bid Form, completed CD, and required documents prior to the Bid due date and time.

(CD’s cannot be used to submit bids to bidx.com)

Do not submit both Internet and Paper Bids. If so, the Internet bid and documents will be rejected.

BID OPENING: Bids will be publicly opened and read aloud at the Date and Time of the Bid Opening. The Bid

Opening will be held at the ‘Paper Bid Delivered To’ address shown above. Bidder bears the risk of late delivery, bids received after the stated time will be returned unopened.

REVISED

Attendance is not required. DelDOT offers a call-in number to hear the Bid Opening telephonically.

The telephone number to call is (302) 504-8986.

When prompted, enter Meeting number (access code): 651 529 280#

It is anticipated the telephone access information will remain the same for all Bid Openings.

B. PRE-BID MEETING: No

C. DBE GOAL: 0% Disadvantaged Business Enterprise Goal. Pursuant to the Interim Final Rule (“IFR”) issued by the

United States Department of Transportation (“U.S. DOT”) on September 30, 2025, this letting does not have a DBE participation goal as all DelDOT DBEs were decertified by the IFR. DelDOT is undertaking the recertification process for DBEs pursuant to the IFR requirements. As DelDOT currently has no certified DBEs, it is not feasible to impose or enforce a DBE participation goal for this letting. Upon completion of DelDOT’s DBE recertification process, or upon any modification of the IFR, whether through amendment, clarification, or judicial action, DelDOT reserves the right to revise or reestablish a DBE participation goal for this letting as may be directed by the U.S. DOT and in accordance with applicable federal regulations.

D. OJT TRAINEES: 3 See Prospective Bidder’s Notes and posted OJT Manual for details.

E. LOCATION: Sussex County

These improvements are more specifically shown on the Location Map(s) of the attached Plans.

F. DESCRIPTION: The improvements consist of furnishing all labor and materials for this project which consists of a grade separated intersection at US 113 and SR18/SR404 in Georgetown DE. This grade separation will include

SR18/SR404 bridging over US 113 with loop ramps in the northeast and southwest quadrants. The project's improvements will also include widening US 113 to provide three lanes in each direction from Bedford St. to Ennis St.

Follow other incidental construction in accordance with the location, notes and details shown on the plans, and as directed by the Engineer.

G. BUY AMERICA REQUIREMENTS APPLY – Build America, Buy America Act, refer to ‘GENERAL NOTICES’.

H. COMPLETION TIME: All work on this contract must be complete within 764 Calendar Days.

The contract time includes an allowance of 247 weather days.

It is estimated a Notice to Proceed is issued such that work starts on or about June 1, 2026.

mailto:dot-ask@delaware.gov

I. SPECIFICATIONS FOR ROAD AND BRIDGE CONSTRUCTION, DELAWARE DEPARTMENT OF

TRANSPORTATION, JANUARY 2024 apply to this Bid Proposal and Project. The Contractor shall make himself aware of any revisions and corrections and apply them to the applicable item(s) of this contract. The Standard

Specifications can be viewed here. Units of Measure can be found at 101.4.

Via this bid proposal, Table 108.7-1 of the SPECIFICATIONS FOR ROAD AND BRIDGE CONSTRUCTION, DELAWARE DEPARTMENT OF TRANSPORTATION 2024 shall be removed from the Specifications and

Section 108.7.F.4. shall be revised to read:

"108.7.F.4.

Provide for weather and seasonal conditions in the progress schedule in accordance with Section 108.4.A.2.j. An allowance of 247 weather days are included in the contract duration as noted in Section H of the General

Description in this Bid Proposal. The Department will extend contract time by 1 day for each weather day that exceeds the total number of anticipated weather days for the project. (Table 108.7-1 shall not apply for this contract). "

J. ATTACHMENTS: Included as part of this Bid Proposal are; Project Plans; Questions & Answers (if posted);

Addenda, Referenced Documents, Documents Posted with this Bid Proposal; and Bid documents mailed to contractors.

K. ADDENDA: All Addenda are posted on the internet at bids.delaware.gov, and bidx.com/de/ and are included as part of the Bid Proposal. The Bidder is responsible to check the Website as needed to ensure that the Bidder is aware of

Addenda that are included in the Bid Proposal. If Addenda are issued, the final Addendum will be posted no later than the end of the day two business days prior to the bid date. Each Addendum number and issue date must be entered on the submitted Certification Form. This original Bid Proposal will not be updated, you must refer to each Addendum.

L. QUESTIONS: E-MAIL TO; dot-ask@delaware.gov

This bid proposal has a eight-week advertisement duration due to complexity or magnitude. Questions regarding this project are to be e-mailed to the above address no less than 14 calendar days prior to the bid opening date in order to receive a posted response. Please include the Contract number in the subject line. Questions and responses are posted at bids.delaware.gov, and bidx.com/de/. The date of the final posted Questions and Answers document must be entered on the submitted Certification Form.

M. ROAD USER COSTS:

The contract drawings and notes provide a sequence of construction for this contract.

FAILURE TO OPEN PROJECT TO UNRESTRICTED HIGHWAY TRAFFIC ON TIME

Late Opening of Temporary Lane Closures

Interim Road User Costs (RUC) for delays in opening lanes (including through and turn lanes) will be assessed according to the below chart(s). Refer to the Allowable Lane Closure Matrix in the Maintenance of Traffic (MOT) plans for start and end times of allowable lane closures.

remainder of page is blank http://www.deldot.gov/Publications/manuals/standard_specifications/index.shtml https://bids.delaware.gov/ https://bidx.com/de/main mailto:%20dot-ask@delaware.gov https://bids.delaware.gov/

Table 1

US 113 (Dupont Boulevard)

(Includes Through and Turn/Auxiliary Lanes)

Time All Lanes Reopened After End of

Allowable Lane Closure Hours Road User Cost

1st 30-minute increment $2,000

2nd 30-minute increment $4,000

3rd 30-minute increment $6,000

4th 30-minute increment $8,000

*After the first two hours beyond the allowable lane closure hour limit, RUC will accrue at $1,000 per 30min, up to a day total of $30,000

Table 2

SR 18/SR 404 (Bridgeville Road/Seashore Highway), College Park Lane, Carmean Way, Pondside Drive and Other Named Minor Streets

(Includes Through and Turn/Auxiliary Lanes)

Time All Lanes Reopened After End of

Allowable Lane Closure Hours Road User Cost

1st 30-minute increment $1,000

2nd 30-minute increment $2,000

3rd 30-minute increment $3,000

4th 30-minute increment $4,000

RUC will accrue at $500 per 30min, up to a day total of $15,000

Example of calculation for assessment of Road User Cost for Late Opening of Lane Closures:

For the use of this example, the lane closure matrix on the MOT plans will have a lane open time of 7:00 AM.

1) Failure to reopen US 113 until 8:05 AM, during the third 30-minute increment, local time:

Per Table 1, a RUC of $6,000 will be assessed.

2) Failure to reopen SR 18/SR 404 until 10:20 AM, local time:

Per Table 2, a RUC of $5,500 will be assessed.

• $4,000 for the first two-hour period

• 9:00 AM – 10:20 AM = $500 x (3) 30-minute increments = $1,500

Assessment of the RUC will be made through Item 763525 – Road User Cost. The engineer will be the sole approving authority as to when the project is complete after traffic is returned to the ultimate alignment and when the contractor’s work activities will permit highway traffic ultimate lane width and shoulder widths.

Late Opening of Rodway Closures/Detours

Overnight directional closures of US 113 will be required for overhead bridge construction. RUCs for delays in opening the overnight detour on US 113 will be enforced according to Table 3 for each 30-minute interval US 113 is not fully opened to traffic in excess of the allowable closure duration identified in the plans. The RUC values apply to both northbound and southbound US 113.

Table 3

US 113 (Dupont Boulevard)

Time All Lanes Reopened After End of

Allowable Detour Hours Road User Cost

1st 30-minute increment $2,000

2nd 30-minute increment $4,000

3rd 30-minute increment $6,000

4th 30-minute increment $8,000

RUC will accrue at $1,000 per 30min, up to a day total of $30,000

Example of calculation for assessment of Road User Cost for US 113 Overnight Detour:

For the use of this example, the detour will have an open time of 6:00 AM.

1) Failure to reopen US 113 northbound or southbound closure/detour until 7:19 AM, local time (allowable detour duration of 10PM – 6AM according to the Plans):

Per Table 3, a RUC of $6,000 will be assessed.

Assessment of the RUC will be made through Item 763525 – Road User Cost. The engineer will be the sole approving authority as to when the project is complete after traffic is returned to the ultimate alignment and when the contractors work activities will permit highway traffic ultimate lane width and shoulder widths.

N. INCENTIVE/DISINCENTIVE LANGUAGE:

As detailed in the Plans, the US 113 Northbound right-turn lane to SR 18-SR 404 will require an extended closure during Phase 1 construction to complete utility relocations and full-depth pavement reconstruction. All work shall be completed, and the US 113 Northbound right-turn lane fully reopened to traffic within the allowable duration noted in the Plans. The Contractor will be paid a single incentive bonus of $30,000 for opening the US 113 Northbound right-turn lane within the allowable duration. There shall be no extra payment or bonus for early completion.

As detailed in the Plans, the US 113 Northbound right-turn lane to North Bedford Street will require an extended closure during Phase 1 construction to complete full-depth pavement reconstruction. All work shall be completed, and the US

113 Northbound right-turn lane fully reopened to traffic within the allowable duration noted in the Plans. The Contractor will be paid a single incentive bonus of $30,000 for opening the US 113 Northbound right-turn lane within the allowable duration. There shall be no extra payment or bonus for early completion.

As detailed in the Plans, SR 18/SR 404 east of US 113 will be closed and detoured during Phase 2B and Phase 3. All work shall be completed, and the roadway/grade separated intersection fully open to traffic in the Phase 4 MOT configuration within the allowable Phase 2B/3 detour duration noted in the Plans. The Contractor will be paid a single incentive bonus of $50,000 for completing Phase 2B and Phase 3 and opening the roadway/grade separated intersection in the Phase 4A MOT configuration within the allowable detour duration. There shall be no extra payment or bonus for early completion.

As detailed in the Plans, SR 18/SR 404 west of US 113 will be impacted by long-term lane reductions during Phase 3.

All Phase 3 work shall be completed, and the roadway/grade separated intersection fully open to traffic in the Phase 4

MOT configuration within the allowable Phase 3 duration noted in the Plans. The Contractor will be paid a single incentive bonus of $25,000 for completing Phase 3 and opening the roadway/grade separated intersection in the Phase

4A MOT configuration within the allowable Phase 3 duration. This incentive bonus will be paid in addition to the

Phase 2B/Phase 3 detour incentive bonus. There shall be no extra payment or bonus for early completion.

As detailed in the Plans, Phase 4A construction will result in signification impacts to traffic on US 113 Southbound at the off-ramp to SR 18/SR-404. All Phase 4A work shall be completed, and the US 113 Southbound deceleration fully open to traffic in the Phase 4B MOT configuration within the allowable Phase 4A duration noted in the Plans. The

Contractor will be paid a single incentive bonus of $30,000 for completing Phase 4A and opening the US 113

Southbound deceleration lane within the allowable Phase 4A duration. There shall be no extra payment or bonus for early completion.

As detailed in the Maintenance of Traffic Plans, SR 18/SR 404 west of US 113 will be impacted by long-term lane reductions during Phase 4A and 4B (Phase 4A and 4B construction to occur concurrently). All Phase 4A/4B work shall be completed, and the roadway fully open to traffic in the Phase 5A MOT configuration within the allowable Phase

4A/4B duration noted in the Plans. The Contractor will be paid a single incentive bonus of $25,000 for completing

Phase 4A/4B and opening the roadway in the Phase 5A MOT configuration within the allowable Phase 4A/4B duration.

This incentive bonus will be paid in addition to the Phase 4A incentive bonus. There shall be no extra payment or bonus for early completion.

As detailed in the Maintenance of Traffic Plans, the intersection of US 113 and College Park Lane will be partially closed and detoured during Phase 5B. All Phase 5B work shall be completed, and the intersection fully open to traffic within the allowable Phase 5B duration noted in the Plans. The Contractor will be paid a single incentive bonus of

$50,000 for completing Phase 5B and opening the intersection within the allowable Phase 5B duration. There shall be no extra payment or bonus for early completion.

The allowable durations for each phase listed above, including weather day allowances per phase, are specified on the

General MOT Notes sheet in the Plans. The Department will extend the allotted duration for each construction phase by 1 day for each weather day that exceeds the total number of included weather days as noted in the plans. A calendar day for the determination of incentives and disincentives will be calculated as the 24-hour period beginning at the time the phase change/road closure/lane closure begins. For example, if the traffic pattern changes begin at 8:00 pm for implementation of a phase change, one calendar day will be up to 7:59 pm the following day. As such, no consideration will be given for partial calendar days.

Project changes that are ordered by DelDOT, such as plan revisions, change order additions, and delays, that result in changes to the phase and/or detour durations will allow for the establishment of revised durations. In that event, the incentive bonus would be applied to the revised duration(s). Circumstances that shall not cause phase and/or detour durations to change include, but are not limited to, subcontractor non-performance, inability to meet scheduled activity durations, lack of manpower and/or equipment, and late material deliveries.

O. FLAGGERS:

A. Included in the Bid Proposal are the prevailing wages for highway construction as determined by the Department of Labor of the State of Delaware in accordance with Title 29 Del. C. §6960, relating to wages and the regulations implementing that Section.

B. Flaggers must be bid at a minimum equal to the Laborer wage rate and may be bid up to, but not to exceed, 3 times the Laborer wage rate in accordance with the County where the Work is being performed.

C. The Department will adjust the bid to the minimum for prices bid below the minimum acceptable bid and to the maximum for prices bid above the maximum allowable bid prior to award of the Contract.

1. Flagger overtime must be bid at minimum of 1.45 times and may be bid up to a maximum of 4.35 times, the

Laborer wage rate in accordance with the County where the Work is being performed.

2. When a Contract for a Project contains both Federal Davis-Bacon and State of Delaware prevailing wage standards, the employer’s minimum wage obligations are determined by whichever standards are higher.

D. Overtime:

1. Payment for overtime will be considered on a weekly basis for time worked in excess of 40 hours for a continuous 7-day period beginning Monday and ending Sunday inclusive.

2. Time worked on other Projects or Work activities other than flagging will not be counted in the normal 40 hours or the overtime.

https://delcode.delaware.gov/title29/c069/sc04/index.html

E. The cost of the flagging operation when performed by others who are not the Contractor’s employees will not be included in the 50% subcontracting limit as outlined in Section 108.1.

P. PROSPECTIVE BIDDERS NOTES:

1. BIDDERS MUST BE REGISTERED with DelDOT in order to submit a bid. Registrations are now completed online through SimpliGov. To complete registration or for more information, click here.

2. SURETY BOND - Each proposal must be accompanied by a deposit of either surety bond or security for a sum equal to at least 10% of the amount bid.

3. DELAWARE’S CONTRACTOR REGISTRATION ACT - 19 Del.C. §§ 3601 et seq, requires all contractors and subcontractors to register with the Delaware Department of Labor before performing construction services or maintenance. Refer to the GENERAL NOTICES section for further information.

4. DRUG TESTING - Regulation 4104; The state Office of Management and Budget has developed regulations that require Contractors and Subcontractors to implement a program of mandatory drug testing for Employees who work on

Large Public Works Contracts funded all or in part with public funds pursuant to 29 Del.C. §6908(a)(6). Refer to the full requirements at the following link:

https://regulations.delaware.gov/AdminCode/title19/4000/4100/4104.shtml#TopOfPage

Note a few of the requirements;

* At bid submission - Each bidder must submit with the bid a single signed affidavit certifying that the bidder and its subcontractors has in place or will implement during the entire term of the contract a Mandatory Drug Testing

Program that complies with the regulation (a blank affidavit form is attached);

* At least two business days prior to contract execution - The awarded Contractor shall provide to DelDOT copies of the Employee Drug Testing Program for the Contractor, each participating DBE firm, and all other listed

Subcontractors;

* Subcontractors - Contractors that employ Subcontractors on the job site may do so only after submitting a copy of the Subcontractor's Employee Drug Testing Program along with the standard required subcontractor information. A Subcontractor shall not commence work until DelDOT has approved the program in writing.

5. PERFORMANCE-BASED RATING SYSTEM - 29 Del.C. §6962 (c)(12)(a) requires DelDOT to include a performance-based rating system for contractors. The Performance Rating for each Contractor shall be used as a prequalification to bid at the time of bid. Refer to 'General Notices' for details.

6. NO RETAINAGE will be withheld on this contract unless through the Performance-Based Rating System.

7. EXTERNAL COMPLAINT PROCEDURE can be viewed on DelDOT’s Website, Contractor Compliance/EEO -

Delaware Department of Transportation calling (302) 760-2035

REVISED

8. DBE PROGRAM REQUIREMENTS As a result of the Issuance of the IFR on September 30, 2025, all of

DelDOT DBEs were decertified. DelDOT is undertaking the recertification process for DBEs pursuant to the IFR requirements. As DelDOT currently has no certified DBEs, it is not feasible to require the submission of a DelDOT DBE Project Participation Affidavit for this letting. Companies bidding on this letting are NOT required to submit a DBE Project Participation Affidavit with their bid. Once DelDOT has recertified DBEs using the IFR requirements, this requirement will be reinstated.

9. DelDOT CERTIFIED DBE UTILIZATION COMMITMENT STATEMENT As a result of the Issuance of the IFR on September 30, 2025, all DelDOT DBEs were decertified. DelDOT is undertaking the https://deldot.gov/Business/bids/index.shtml?dc=const_contractor_reg https://regulations.delaware.gov/AdminCode/title19/4000/4100/4104.shtml#TopOfPage https://deldot.gov/Business/cc/ https://deldot.gov/Business/cc/ recertification process for DBEs pursuant to the IFR requirements. As DelDOT currently has no certified

DBEs, it is not feasible to require the submission of a DelDOT Certified DBE Utilization Commitment

Statement for this letting. Companies bidding on this letting are NOT required to submit a DelDOT Certified

DBE Utilization Commitment Statement with their bid. Once DelDOT has recertified DBEs using the IFR requirements, this requirement will be reinstated.

10. FLATWORK CONCRETE TECHNICIAN CERTIFICATION TRAINING:

Section 501.3, 503.3, 505.3, 610.3, 701.3 and 702.3 of the 2024 Standard Specifications require contractors to provide an American Concrete Institute (ACI) or National Ready-Mix Concrete Association (NRMCA) certified concrete flatwork technician to supervise all finishing of flatwork concrete.

11. BREAKOUT SHEETS MUST be submitted with your bid documents. Attach the breakout sheet(s) to the proposal.

Failure to submit the breakout sheet with the proposal will result in the Department declaring the proposal as non-responsive and rejecting the bid.

12. On-The-Job Trainee(s). The On-the-Job (OJT) Program Plan and all required documents must be submitted online as soon as possible by the apparent low bidder at deldot.delawareojt.gov. Award of the Contract will not take place until acceptable OJT program plans are received and approved by the Department's Office of Civil Rights. Failure of the apparent low bidder to submit acceptable OJT required documents within ten (10) calendar days of bid opening shall create a rebuttable presumption that the bid is not responsive.

13. NOTE that FHWA Form 1273 (attached) has been modified effective October 23, 2023. Changes are reviewed here.

14. SIGNAGE LANGUAGE:

In order to maintain effective communication with the traveling public, only place signs, banners, flags, or other displays within the projects limits that meet the requirements of the latest version of the Delaware Manual on Uniform Traffic

Control Devices. Any signs or other materials which deviate from the MUTCD, must be preapproved by the Engineer.

The only signage and materials which may be displayed upon vehicles and equipment within the Project area are signs denoting the name of the Contractor and any subcontractors and other signs and/or materials required and approved pursuant to the MUTCD and the Engineer. Contractor shall immediately remove any signs or materials within the

Project that does not meet these requirements immediately upon notification by the Engineer. Failure to remove signs or other materials following notification from the Engineer will result in Liquidated Damages being assessed in the manner and amount specified in the Standard Specifications section 108.9.A.

15. Bidders List Requirement:

Under 49 CFR 26.11 DelDOT must collect bidders list information from ALL contractors and subcontractors who seek to work on federally assisted contracts. The submitted information must be complete and must include the required information for the prime and all (DBE and non-DBE) subcontractors, service providers, manufacturers, distributors, and suppliers.

ALL bidders must complete the Bidders List Form (attached as an exhibit) and submit it at the time of bid. Late submission of this information will not be accepted. Submitted information must include the following for those being proposed to work on the contract if awarded:

▪ Firm name;

▪ Firm address including ZIP code;

▪ Firm's status as a DBE or non-DBE (SEE NOTE BELOW effective 10-1-2025);

▪ NAICS code applicable to each scope of work the firm sought to perform in its bid;

▪ Age of the firm; and

▪ The annual gross receipts of the firm shown as an approximate range (i.e., $1-3 million) https://deldot.gov/Business/ojt/ https://www.fhwa.dot.gov/programadmin/contracts/1273/1273.pdf https://www.ecfr.gov/current/title-49/subtitle-A/part-26/subpart-A/section-26.11 https://deldot.gov/Business/bids/index.shtml?dc=const_proj_bid_info

This information will be maintained as confidential to the extent allowable by federal and state law.

NOTE: Based upon the IFR issued September 30, 2025, all DelDOT certified DBEs have been decertified.

As such, for this letting, bidders should NOT identify in the bidders list whether a proposed contractor or subcontractor is a DBE as no companies have currently been certified as a DBE under the new IFR requirements. That block should be left blank. Bidders will be advised once DBE’s have been re-certified pursuant to the requirements of the IFR at which time bidders will be required to provide this information.

Additionally, pursuant to the IFR, and the guidance letter issued by U.S. DOT on September 30, 2025, DelDOT has been directed not to use of race or sex as presumptions for consideration of a company as a

DBE. As such, bidders should NOT identify in the bidders list a proposed contractor or subcontractor’s sex or race. Those blocks should be left blank. DelDOT anticipates providing a revised Bidders List Form in the near future, which contains only those sections required by the IFR.

Failure to submit the required bidders list documentation at the time bid will result in the bidder being deemed non-responsive and therefore ineligible for award of the contract.

16. DIESEL FUEL COST PRICE ADJUSTMENT FORM is posted and part of this Bid Proposal.

17. STEEL COST PRICE ADJUSTMENT FORM is posted and part of this Bid Proposal.

18. APPENDIX- A Georgetown Design & Construction Standards is posted and part of this Bid Proposal.

19. HEALTH AND SAFETY PLAN is posted and part of this Bid Proposal

20. CONTAMINATED MATERIALS MANAGEMENT WORK PLAN (CMMWP) is posted and part of this Bid

Proposal.

21. AERIAL VIEW OF CONTAMINATED SITES is posted and part of this Bid Proposal.

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GENERAL NOTICES

CONTRACTOR REGISTRATION ACT

On July 1, 2021, the Contractor Registration Act, as codified in 19 Del.C. §§ 3601 et seq, took effect. This law requires all contractors to register with the Delaware Department of Labor before performing construction services or maintenance. The

Contractor Registration Act applies to all contractors that engage in construction and maintenance within the State of

Delaware. Additionally, it requires contractors to have Delaware workers’ compensation insurance where required, compliance with labor laws, and proof of a state business license. The Delaware Department of Labor’s Office of Contractor

Registration is responsible for enforcement of the requirements of the Contractor Registration Act. If you have any questions about the contractor registration process, please call 302-430-7739 or email Contract.Registry@delaware.gov. Registration at https://onestop.delaware.gov/.

BUY AMERICA REQUIREMENT REVISED

The Build America, Buy America Act (BABA), enacted as part of the Bipartisan Infrastructure Law (BIL) requires iron, steel, manufactured products, and construction materials used in infrastructure projects funded by Federal financial assistance to be produced in the United States (U.S.).

In accordance with 23 U.S.C. 313 and 23 CFR 635.410, all iron and steel materials permanently incorporated into this project will be produced in the U.S. and all manufacturing processes involving these materials will occur in the U.S., except that a minimal amount of foreign steel or iron materials may be used, provided the cost of the foreign materials does not exceed 0.1 percent of the total Contract cost or $2,500.00, whichever is greater. If such minimal amount of foreign steel is used, the Contractor shall maintain a record of the costs to ensure that the allowable limit is not exceeded.

In accordance with 23 CFR 635.410, the final manufacturing process of all manufactured products that will be permanently incorporated into this project will be performed in the U.S. Iron or steel components of precast concrete products and cabinets or enclosures of any intelligent transportation systems and other electronic hardware systems classified as a manufactured product which is permanently incorporated into this project will be produced in the U.S. and all manufacturing processes involving the iron and steel will occur in the U.S., except that a minimal amount of foreign steel or iron materials may be used, provided the cost of the foreign materials does not exceed 0.1 percent of the total Contract cost or $2,500.00, whichever is greater. If such minimal amount of foreign steel is used, the Contractor shall maintain a record of the costs to ensure that the allowable limit is not exceeded.

In accordance with 2 CFR 184, all non-ferrous metals, plastic and polymer-based products, glass, fiber optic cable, optical fiber, lumber, drywall, and engineered wood construction material permanently incorporated into this project will be produced in the U.S.

DelDOT maintains a list of all pay items, the applicable BABA category designation, and additional guidance at the following address: https://deldot.gov/Business/prodlists/index.shtml?dc=buyAmerica.

By signing and submitting this proposal, the bidder certifies that:

“All materials that will be permanently incorporated into this project will meet the Buy America material requirements.

At the Department's request, I/we will provide manufacturer's/supplier's documentation verifying domestic origin as defined in the Contract. All Materials accepted on the basis of such Certificate of Compliance may be sampled by the

Department and tested at any time. Use of Material on the basis of Certificate of Compliance shall not relieve the

Contractor of responsibility for incorporating Material in the Project conforming to the requirements of the Contract.

Any Material not conforming to such requirements will be subject to rejection whether in place or not. The Department reserves the right to refuse to permit the use of Material on the basis of Certificate of Compliance.”

SPECIFICATIONS :

The Delaware specifications entitled "Standard Specifications for Road and Bridge Construction January, 2024", with the applicable version defined in the ‘GENERAL DESCRIPTION’ and hereinafter referred to as the Standard Specifications;

shall govern the work to be performed under this contract. The Contractor shall make itself aware of these specifications, revisions and corrections, and apply them to the applicable item(s) of this contract.

mailto:Contract.Registry@delaware.gov https://onestop.delaware.gov/ https://deldot.gov/Business/prodlists/index.shtml?dc=buyAmerica

CLARIFICATIONS :

Under any Section or Item included in the Contract, the Contractor shall be aware that when requirements, responsibilities, and furnishing of materials are outlined in the details and notes on the Plans and in the paragraphs preceding the " Basis of

Payment" paragraph in the Standard Specifications or Special Provisions, no interpretation shall be made that such stipulations are excluded because reiteration is not made in the "Basis of Payment" paragraph.

DelDOT requires the use of various electronic applications for various documentation processes.

These processes will be identified, and the Contractor's required use will be detailed during the Preconstruction Meeting.

No additional payments will be made to the contractor to use or interface with the applications.

ATTESTING TO NON-COLLUSION :

DelDOT requires as a condition precedent to acceptance of bids a sworn statement executed by, or on behalf of, the person, firm, association, or corporation to whom such contract is to be awarded, certifying that such person, firm, association, or corporation has not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with such contract. The form for this sworn statement is included in the proposal and must be properly executed in order to have the bid considered.

QUANTITIES :

The quantities shown are for comparison of bids only. DelDOT may increase or decrease any quantity or quantities without penalty or change in the bid price.

PERFORMANCE-BASED RATING SYSTEM

29 Del.C. §6962 (c)(12)(a) requires a DelDOT project, excluding a municipal street aid contract, to include a performance-based rating system. At the time of bid, the Performance Rating for each Contractor shall be used as a prequalification to bid.

Bidders with Performance Rating scores equal to or greater than 85% shall be permitted to bid. Bidders with scores of less than 85% who comply with the retainage requirements of 29 Del.C. §6962 shall be permitted to bid provided the Agreement to Accept Retainage (located on the Certification Page) is executed and submitted with the bid. Lack of an executed

Agreement to Accept Retainage will result in the rejection of the bid by DelDOT. Successful bidders awarded DelDOT contracts who have no performance history within the last five (5) years will be assigned a provisional Performance Rating of 85% at the date of advertisement.

Notification of Performance Rating. DelDOT shall post publicly the Performance Rating for all Contractors on DelDOT’s website. DelDOT will complete performance-based evaluations on the construction company contracted by DelDOT to build the project (the "Contractor"). Provisions to appeal Performance Ratings are described in the regulations. The regulations are set forth in Section 2408 of Title 2, Delaware Administrative Code, found here.

EQUALITY OF EMPLOYMENT OPPORTUNITY ON PUBLIC WORKS :

Delaware Code, Title 29, Chapter 69, Section 6962, Paragraph (d), Subsection (7) states;

a. As a condition of the awarding of any contract for public works financed in whole or in part by State appropriation, such contracts shall include the following provisions:

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

1. The contractor will not discriminate against any employee or applicant for employment because of race, creed, color, sex, sexual orientation, gender identity or national origin. The contractor will take positive steps to ensure that applicants are employed and that employees are treated during employment without regard to their race, creed, color, sex, 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 https://www.deldot.gov/Business/bids/PreQual/index.shtml http://regulations.delaware.gov/register/february2019/final/22%20DE%20Reg%20691%2002-01-19.htm 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.

2. 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, color, sex, sexual orientation, gender identity or national origin.

3. The contractor will ensure employees receive equal pay for equal work, without regard to sex. Employee pay differential is acceptable if pursuant to a seniority system, a merit system, a system which measures earnings by quantity or quality of production, or if the differential is based on any other factor other than sex.

TAX CLEARANCE :

As payments to each vendor or contractor aggregate $2,000, the Division of Accounting will report such vendor or contractor to the Division of Revenue, who will then check the vendor or contractor's compliance with tax requirements and take such further action as may be necessary to ensure compliance.

LICENSE :

A person desiring to engage in business in this State as a contractor on a project designated to include federal funds, shall obtain a Delaware business license upon making application to the Division of Revenue. Proof of said license compliance to be made prior to, or in conjunction with, the execution of a contract to which he has been named.

SUBCONTRACTOR LICENSE: 29 DEL. C. §6967:

(c) Any contractor that enters a public works contract must provide to the agency to which it is contracting, within 30 days of entering such public works contract, copies of all occupational and 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 contractor entered the public works contract the occupational or business license of such subcontractor or independent contractor shall be provided to the agency within 10 days of being contracted or hired.

DIFFERING SITE CONDITIONS:

SUSPENSIONS OF WORK and SIGNIFICANT CHANGES IN THE CHARACTER OF WORK:

Differing site conditions: During the progress of the work, if subsurface or latent physical conditions are encountered at the site differing materially from those indicated in the contract or if unknown physical conditions of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in the work provided for in the contract are encountered at the site, the party discovering such conditions shall promptly notify the other party in writing of the specific differing conditions before they are disturbed and before the affected work is performed.

Upon written notification, the engineer will investigate the conditions, and if he/she determines that the conditions materially differ and cause an increase or decrease in the cost or time required for the performance of any work under the contract, an adjustment, excluding loss of anticipated profits, will be made and the contract modified in writing accordingly. The engineer will notify the contractor of his/her determination whether or not an adjustment of the contract is warranted.

No contract adjustment which results in a benefit to the contractor will be allowed unless the contractor has provided the required written notice. No contract adjustment will be allowed under their clause for any effects caused on unchanged work.

Suspensions of work ordered by the engineer: If the performance of all or any portion of the work is suspended or delayed by the engineer in writing for an unreasonable period of time (not originally anticipated, customary or inherent to the construction industry) and the contractor believes that additional compensation and/or contract time is due as a result of such suspension or delay, the contractor shall submit to the engineer in writing a request for adjustment within 7 calendar days of receipt of the notice to resume work. The request shall set forth the reasons and support for such adjustment.

Upon receipt, the engineer will evaluate the contractor's request. If the engineer agrees that the cost and/or time required for the performance of the contract has increased as a result of such suspension and the suspension was caused by conditions beyond the control of and not the fault of the contractor, its suppliers, or subcontractors at any approved tier, and not caused by weather, the engineer will make an adjustment (excluding profit) and modify the contract in writing accordingly. The engineer will notify the contractor of his/her determination whether or not an adjustment of the contract is warranted.

No contract adjustment will be allowed unless the contractor has submitted the request for adjustment within the time prescribed. No contract adjustment will be allowed under this clause to the extent that performance would have been suspended or delayed by any other cause, or for which an adjustment is provided for or excluded under any other term or condition of this contract.

Significant changes in the character of work: The engineer reserves the right to make, in writing, at any time during the work, such changes in quantities and such alterations in the work as are necessary to satisfactorily complete the project.

Such changes in quantities and alterations shall not invalidate the contract nor release the surety, and the contractor agrees to perform the work as altered.

If the alterations or changes in quantities significantly change the character of the work under the contract, whether or not changed by any such different quantities or alterations, an adjustment, excluding loss of anticipated profits, will be made to the contract. The basis for the adjustment shall be agreed upon prior to the performance of the work. If a basis cannot be agreed upon, then an adjustment will be made either for or against the contractor in such amount as the engineer may determine to be fair and equitable.

The term "significant change" shall be construed to apply only to the following circumstances:

(A) When the character of the work as altered differs materially in kind or nature from that involved or included in the original proposed construction, or

(B) When a major item of work, as defined elsewhere in the contract, is increased in excess of 125 percent or decreased below 75 percent of the original contract quantity. Any allowance for an increase in quantity shall apply only to that portion in excess of 125 percent of original contract item quantity, or in case of a decrease below 75 percent, to the actual amount of work performed.

CONFLICT WITH FEDERAL STATUTES OR REGULATIONS:

Delaware Code, Title 29, Chapter 69, Section 6904, Paragraph (a):

"If any provision of this subchapter conflicts or is inconsistent with any statute, rule or regulation of the federal government applicable to a project or activity, the cost of which is to be paid or reimbursed in whole or in part by the federal government, and due to such conflict or inconsistency the availability of federal funds may be jeopardized, such provision shall not apply to such project or activity."

FEDERAL LABOR AND EMPLOYMENT REQUIREMENTS

Federal Regulation 23 CFR § 635.117(b) Labor and employment, states:

"No procedures or requirement shall be imposed by any State which will operate to discriminate against the employment of labor from any other State, possession or territory of the United States, in the construction of a Federal-aid project."

CONVICT PRODUCED MATERIALS:

(a) Materials produced after July 1, 1991, by convict labor may only be incorporated in a Federal-aid highway construction project if such materials have been:

(1) Produced by convicts who are on parole, supervised release, or probation from a prison or

(2) Produced in a qualified prison facility and the cumulative annual production amount of such materials for use in

Federal-aid highway construction does not exceed the amount of such materials produced in such facility for use in Federal-aid highway construction during the 12-month period ending July 1, 1987.

(b) Qualified prison facility means any prison facility in which convicts, during the 12-month period ending July 1, 1987, produced materials for use in Federal-aid highway construction projects.

RIGHT TO AUDIT

DelDOT shall have the right to audit the books and records of the contractor or any subcontractor under this contract or subcontract to the extent that the books and records relate to the performance of the contract or subcontract. The books and records shall be maintained by the contractor for a period of 3 years from the date of final payment under the prime contract and by the subcontractor for a period of 3 years from the date of final payment under the subcontract (29 Del.C. §6930)

TO REPORT BID RIGGING ACTIVITIES:

The U. S. Department of Transportation (DOT) operates the below toll-free "hotline" Monday through Friday, 8:00 a.m. to

5:00 p.m. eastern time. Anyone with knowledge of possible bid rigging, bidder collusion, or other fraudulent activities should use the "hotline" to report such activities.

The "hotline" is part of the DOT's continuing effort to identify and investigate highway construction contract fraud and abuse and is operated under the direction of the DOT Inspector General. All information will be treated confidentially and caller anonymity will be respected.

TO REPORT BID RIGGING ACTIVITIES

CALL 1-800-424-9071

NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION

TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY

(EXECUTIVE ORDER 11246)

1. The Offeror's or Bidder's attention is called to the "Equal Opportunity Clause" and the "Standard Federal Equal

Employment Specifications" set forth herein.

2. The goals and timetables for minority and female participation, expressed in percentage terms for the Contractor's aggregate work force in each trade on all construction work in the covered area, are as follows:

Goals for Minority Participation In Goals for Female Participation In

Each Trade Each Trade

12.3% (New Castle County) 6.9% (Entire State)

14.5% (Kent & Sussex Counties)

These goals are applicable to all the Contractor's construction work (whether or not it is Federal or federally assisted) performed in the covered area. If the contractor performs construction work in a geographical area located outside of the covered area, it shall apply the goals established for such geographical area where the work is actually performed.

With regard to this second area, the contractor also is subject to the goals for both its federally involved and non-federally involved construction.

The Contractor's compliance with the Executive Order and the Executive Order and the regulations in CFR Part 60-4 shall be based on its implementation of the Equal Opportunity Clause, specific affirmative action obligations required by the specifications set forth in 41 CFR 60-4.3(a), and its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade, and the contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor or from project to project for the sole purpose of meeting the Contractor's goals shall be a violation of the contract, the Executive Order, and the regulations in 41

CFR Part 60-4. Compliance with the goals will be measured against the total work hours performed.

3. The Contractor shall provide written notification to the Director of the Office of Federal Contract Compliance Programs within 10 working days of award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the name, address, and telephone number of the subcontractor; employer identification number of the subcontractor; estimated dollar amount of the subcontract;

estimated starting and completion dates of the subcontract; and the geographical area in which the subcontract is to be performed.

4. As used in this Notice, and in the contract resulting from this solicitation, the "covered area" is the County specified in the General Description section.

REV. 11-3-80

STANDARD FEDERAL EQUAL EMPLOYMENT OPPORTUNITY

CONSTRUCTION CONTRACT SPECIFICATIONS (EXECUTIVE ORDER 11246)

1. As used in these specifications:

a. "Covered area" means the geographical area described in the solicitation from which this contract resulted;

b. "Director" means Director, Office of Federal Contract Compliance Programs, United States Department of Labor, or any person to whom the Director delegates authority;

c. "Employer identification number" means the Federal Social Security number used on the Employer's Quarterly

Federal Tax Return, U.S. Treasury Department Form 941.

d. "Minority" includes:

i. Black (all persons having origins in any of the Black African racial groups not of Hispanic origin);

ii. Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South American or other Spanish Culture or origin, regardless of race);

iii. Asian and Pacific Islander (all persons having origins in any of the original peoples of the Far East, Southeast

Asia, the Indian Subcontinent, or the Pacific Islands); and

iv. American Indian or Alaskan Native (all persons having origins in any of the original peoples of North America and maintaining identifiable tribal affiliations through membership and participation or community identification).

2. Whenever the Contractor, or any Subcontractor at any tier, subcontracts a portion of the work involving any construction trade, it shall physically include in each subcontract in excess of $10,000 the…