T202501101 Proposal.pdf

STATE OF DELAWARE

DEPARTMENT OF TRANSPORTATION

BID PROPOSAL

CONTRACT T202501101

OPEN-END PEDESTRIAN ACCESS ROUTES &

SIDEWALK IMPROVEMENTS, NCC FY25-FY27

Advertisement Date: May 15, 2025

INCLUDED IN THIS DOCUMENT: ADDITIONAL BID PROPOSAL ITEMS:

BID PROPOSAL:

GENERAL DESCRIPTION

PROSPECTIVE BIDDER’S NOTES

GENERAL NOTICES

PREVAILING WAGES

SPECIAL PROVISIONS

QUANTITY SHEET SUMMARY

ATTACHED OR POSTED DOCUMENTS:

PROJECT PLANS

QUESTIONS & ANSWERS (if posted)

BREAKOUT SHEETS

PAPER BIDDERS CONTACT DELDOT

FOR BID SUBMITTAL DOCUMENTS:

DRUG TESTING AFFIDAVIT;

CERTIFICATION FORM;

BID BOND FORM;

CD FOR BID PRICE ENTRY & PRINTING

This Bid Proposal and related documents can be viewed on bids.delaware.gov and, for subscribers 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 at the DelDOT Administration Building, Dover, DE;

ALL BIDS DUE PRIOR TO 2:00 P.M. Local Time, JUNE 17, 2025 https://bids.delaware.gov/ https://bidx.com/de/main

Contract No. T202501101

GENERAL DESCRIPTION

A. BIDS DUE: JUNE 17, 2025 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, 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.

NEW

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. LOCATION: New Castle County

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

D. DESCRIPTION: The improvements consist of furnishing all labor and materials for Pedestrian Access Route and

Sidewalk improvement at various locations in New Castle County. Work intended to occur outside of municipal jurisdictions. DelDOT's ADA Self-Assessment and Transition Plans lays out a schedule to convert known and inventoried pedestrian facilities that do not meet ADA compliance. This project will develop individual construction work orders to convert non-compliant pedestrian facilities to current ADA compliance standards. The project will also help fill in missing sidewalk links/connections to enhance pedestrian mobility. Follow other incidental construction in accordance with the location, notes and details shown on the plans, and as directed by the Engineer.

E. COMPLETION TIME: All work on this contract must be complete within 365 Calendar Days.

Extensions of contract time due to weather are specified in the Standard Specifications Section 108.7F, weather days.

The Department's intent is to issue a Notice to Proceed for work to start on or about November 2, 2025.

F. 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 (Supplemental Specifications, if any) and apply them to the applicable item(s) of this contract. The Standard and Supplemental Specifications can be viewed here. Units of Measure can be found at

101.4.

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

(if issued), Referenced Documents, Documents Posted with this Bid Proposal; and Bid documents mailed to contractors.

H. 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.

https://bidx.com/de/main mailto:dot-ask@delaware.gov http://www.deldot.gov/Publications/manuals/standard_specifications/index.shtml

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

Questions regarding this project are to be e-mailed to the above address no less than six business 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.

J. ROAD USER COSTS:

Late Opening of Temporary Lane Closures – WO# 8 (S CHAPEL STREET)

Interim Road User Costs (RUC) for delays in opening lanes will be assessed according to the chart below. Refer to the Allowable Lane Closure Matrix in the Maintenance of Traffic (MOT) plans for start and end times of allowable lane closures. The interim RUC established will be $500.00 per 15 minutes per lane closed beyond the allowable lane closure hours, Monday through Sunday.

Table 1

S. Chapel Street

Time All Lanes Reopened After End of

Allowable Lane Closure Hours Road User Cost

1st 15-minute increment $500

2nd 15-minute increment $500

3rd 15-minute increment $500

4th 15-minute increment $500

5th 15-minute increment $500

6th 15-minute increment $500

7th 15-minute increment $500

8th 15-minute increment $500

*After the first two hours beyond the allowable lane closure hour limit, RUC will accrue at $500 per 15min, up to a day total of

$9,000. The RUC values within the chart are not cumulative, payments made after the first two hours are.

Example of calculation for assessment of Road User Cost:

For the use of this example, the lane closure matrix on the MOT plans will have a lane open time of 1:00 PM.

1) Failure to reopen S. Chapel Street until 2:05 PM, during the 5th 15-minute increment, local time: Per

Table 1, a RUC of $2,500 will be assessed.

2) Failure to reopen S. Chapel Street until 5:20 PM, local time:

Per Table 1, a RUC of $9,000 will be assessed.

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

• 3:00 PM – 5:20 PM = $500 x (10) 15 min increments = $5,000

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.

remainder of page is blank mailto:%20dot-ask@delaware.gov

Extended Lane Closure – WO#2 (OLD CAPITOL TRAIL)

A RUC of $2,800 will be assessed for each calendar day the Old Capitol Trail is not fully opened to traffic in excess of the allowable closure duration identified in the Plans. The full daily RUC is assessed regardless of what time of day the roadway or ramp is reopened, starting at 12:00 AM. As such, no consideration will be given for partial calendar days.

Example of calculation for assessment of Road User Cost:

The duration of the detour according to the Plans is 45 calendar days. If the roadway is reopened at 12:05 AM on day

46, the full amount of the $2,800 RUC 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.

K. 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.

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.

L. PROSPECTIVE BIDDERS NOTES:

1. BIDDERS MUST BE REGISTERED with DelDOT in order to submit a bid. E-Mail dot-ask@delaware.gov or call

(302) 760-2031 to request registration information.

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:

http://regulations.delaware.gov/register/december2017/final/21%20DE%20Reg%20503%2012-01-17.htm https://www.delcode.delaware.gov/ mailto:dot-ask@delaware.gov http://regulations.delaware.gov/register/december2017/final/21%20DE%20Reg%20503%2012-01-17.htm

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 or request a copy by calling (302) 760-2555.

8. DELAWARE BUSINESS LICENSE; a copy of your firm's Business License must be submitted with your bid.

9. 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.

10. PREVAILING WAGES DO NOT APPLY TO THIS PROJECT, refer to 29 Del. C. § 6960 (m).

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. SECTION 106.06 BUY AMERICA Contract Requirement in the Delaware Standard Specifications for Road and

Bridge Construction, August, 2016 does not apply to this contract.

13. 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.

14. EXAMPLE PLANS WITH SURVEY is posted for INFORMATIONAL PURPOSES ONLY.

15. EXAMPLE PLANS WITHOUT SURVEY is posted for INFORMATIONAL PURPOSES ONLY.

16. LOCATION DISPLAY is posted for INFORMATIONAL PURPOSES ONLY.

https://deldot.gov/Business/cc/index.shtml https://deldot.gov/Business/cc/index.shtml

17. No utility relocation involvement is anticipated. Should any conflicts be encountered during construction requiring adjustment and/or relocation of the agencies' existing facilities, the necessary relocation work shall be accomplished by the respective agencies' forces, as directed by the District Engineer. Any adjustments and/or relocations of municipally owned facilities shall be done by the State's contractor in accordance with the respective agencies' standard specifications as directed by the District Engineer.

18. No environmental permits are required for this work provided no jurisdictional wetlands or waters are impacted. If there is any question as to whether or not a water or wetland is jurisdictional, contact the DelDOT Environmental Section at

302-760-2264.

19. It is anticipated that all work will occur within DelDOT's existing right of way or easement areas. Should the need occur to trespass onto private property; it will be the responsibility of the Project manager to secure such trespass needs.

20. It is anticipated that all work will occur within DelDOT's right of way. Should the need occur to trespass onto railroad property, including the highway-rail crossing; it will be the responsibility of the Project Manager to contact the railroad

Chief Engineer and obtain written authorization before entering.

- end –

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/.

SPECIFICATIONS :

The Delaware specifications entitled "Standard Specifications for Road and Bridge Construction January, 2024", hereinafter referred to as the Standard Specifications; the Supplemental Specifications to the Standard Specifications effective as of the advertisement date of this Bid Proposal and hereby included by reference; the Special Provisions; Notes on the Plans; this Bid Proposal including referenced documents; any Addenda thereto; and any posted Questions and

Answers; 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.

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.

ATTESTING TO NON-COLLUSION :

The Department 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. The Department 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 Department of Transportation project, excluding 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 the Department. Successful bidders awarded

Department 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.

mailto:Contract.Registry@delaware.gov https://onestop.delaware.gov/

Notification of Performance Rating. The Department shall post publicly the Performance Rating for all Contractors on the

Department's website. DelDOT will complete performance-based evaluations on the construction company contracted by the Department 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.

PREFERENCE FOR DELAWARE LABOR:

Delaware Code, Title 29, Chapter 69, Section 6962, Paragraph (d), Subsection (4)b: "In the construction of all public works for the State or any political subdivision thereof, or by firms contracting with the State or any political subdivision thereof, preference in employment of laborers, workmen 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. Each public works contract for the construction of public works for the State or any political subdivision thereof shall contain a stipulation that any person, company or corporation who violates this section shall pay a penalty to the Secretary of Finance equal to the amount of compensation paid to any person in violation of this section."

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 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 shall obtain a license upon making application to the

Division of Revenue.

CONTRACTOR / SUBCONTRACTOR LICENSE: 29 DEL. C. §6967:

(b) No agency shall accept a proposal for a public works contract unless such contractor has provided a proper and current copy of its occupational and/or business license, as required by Title 30, to such agency.

https://www.deldot.gov/Business/bids/PreQual/index.shtml http://regulations.delaware.gov/register/february2019/final/22%20DE%20Reg%20691%2002-01-19.htm

(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.

RIGHT TO AUDIT

The Department 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).

PREVAILING WAGES

Included in this proposal are the minimum wages to be paid various classes of laborers and mechanics 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.

REQUIREMENT BY DELAWARE DEPARTMENT OF LABOR FOR SWORN PAYROLL INFORMATION

Title 29 Del.C. §6960 stipulates;

(b) Every contract based upon these specifications shall contain a stipulation that the employer shall pay all mechanics and laborers employed directly upon the site of the 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. The specifications shall further stipulate that the scale of wages to be paid shall be posted by the employer in a prominent and easily accessible place at the site of the work, and that there may be withheld from the employer so much of accrued payments as may be considered necessary by the Department of

Labor to pay to laborers and mechanics employed by the employer the difference between the rates of wages required by the contract to be paid laborers and mechanics on the work and rates of wages received by such laborers and mechanics to be remitted to the Department of Labor for distribution upon resolution of any claims.

(c) Every contract based upon these specifications shall contain a stipulation that sworn payroll information, as required by the [Delaware] 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.

Bidders are specifically directed to note the Department of Labor's prevailing wage regulations implementing §6960 relating to the effective date of the wage rates, at Part VI., Section C., which in relevant part states:

"Public agencies (covered by the provisions of 29 Del.C. §6960) are required to use the rates which are in effect on the date of the publication of specifications for a given project. In the event that a contract is not executed within one hundred twenty (120) days from the date the specifications were published, the rates in effect at the time of the execution of the contract shall be the applicable rates for the project."

Contractors with questions may contact:

Department of Labor, Division of Industrial Affairs, 4425 N. Market Street, Wilmington, DE 19802

Telephone (302) 761-8200 https://dia.delawareworks.com/labor-law/ https://dia.delawareworks.com/labor-law/

Mailing Address:

252 Chapman Road Suite 210 Newark, DE 19702

STATE OF DELAWARE

DEPARTMENT OF LABOR

DIVISION OF INDUSTRIAL AFFAIRS

OFFICE OF LABOR LAW ENFORCEMENT

PHONE: (302) 318-2769

Located at:

252 Chapman Road Suite 210 Newark, DE 19702

PREVAILING WAGES FOR HIGHWAY CONSTRUCTION EFFECTIVE MARCH 15, 2024

CLASSIFICATION NEW CASTLE KENT SUSSEX

BRICKLAYERS 65.24 65.24 69.05

CARPENTERS 65.85 61. 06 49.30

CEMENT FINISHERS 70.64 43.32 44.16

ELECTRICAL LINE WORKERS 35.67 57.63 28.21

ELECTRICIANS 81.62 81.62 81. 62

IRON WORKERS 86.81 31.66 33.63

LABORERS 54.96 50.59 49.65

MILLWRIGHTS 21.38 20.75 17.93

PAINTERS 81.29 81. 29 81.29

PILEDRIVERS 95.51 31. 53 88.62

POWER EQUIPMENT OPERATORS 82.31 52.56 48.15

SHEET METAL WORKERS 30.20 26.96 24.40

TRUCK DRIVERS 51.73 37.48 I 45.64

CERTIFIED: Q 2:5 2ol~ BY,~\1Ml -~~QA,Q !>2.+raci, NOTE:

ADMINISTRATOR, OFFICE OF LABOR LAi ENFORCEMENT

THESE RATES ARE PROMULGATED AND ENFORCED PURSUANT TO THE PREVAIL~../!;'))ni REGULATIONS ADOPTED BY THE DEPARTMENT OF LABOR ON APRIL 3, 1992.~.zs~:~~~

~JI! ............. ~~

CLASSIFICATIONS OF WORKERS ARE DETERMINED BY THE

ASSISTANCE IN CLASSIFYING WORKERS, OR FOR A COPY

CLASSIFICATIONS, PHONE (302) 318-2769.

DEPARTMENT 0!$ .~ G1f-:'p,FOR ·•,:<:'>,:; ~ OF THE REGU.,. 9N-s Gm~~.. '?~ .J"~

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PROJECT: T202501101 Open-End Pedestrian Access Routes and Sidewalk f~:i!s;,.~~~~fc • /,;~Cf FY25-FY27 New Castle County, New Castle County v.:~~l, , ,<f",.., . ..•. ~ ~ ....... ~.. -:.v., .. .L.,.-.;;;;:..-.;

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Contract T202501101 Open-End Pedestrian Access Routes & Sidewalk Improvements, NCC FY25-FY27

SPECIAL PROVISIONS

S.P. Code SPECIAL PROVISION DESCRIPTION

211501-20 TREE REMOVAL, GREATER THAN 15" TO 25" DIAMETER

211502-20 TREE REMOVAL, GREATER THAN 25" TO 37" DIAMETER

211513-20 TREE TRIMMING

401502-20 ASPHALT CEMENT COST ADJUSTMENT

401699-20 QUALITY CONTROL/QUALITY ASSURANCE OF BITUMINOUS CONCRETE

602502-20 CONVERTING EXISTING CATCH BASIN TO MANHOLE

615519-20 RELOCATING BUS STOP SHELTER

701505-20 PCC PARKING BUMPER

701507-20 CURB RETAINING WALL

701510-20 CURB/SIDEWALK OPENING

710503-20 ADJUST GAS VALVE BOXES

711500-20 ADJUST AND REPAIR EXISTING SANITARY MANHOLE

720556-20 BOLLARD

760506-20 REMOVAL OF 1/4" TO 1" VERTICAL DISCONTINUITIES IN THE PAR

763525-25 ROAD USER COST

763530-20 INITIAL EXPENSE

763531-20 WORK ORDER MOBILIZATION AND DE-MOBILIZATION

763622-20 CONSTRUCTION ENGINEERING, PAR REHABILITATION

813501-20 TEMPORARY SIDEWALK, TYPE 2 (BOARDWALK)

834501-20 PARTIAL REMOVAL OF CONCRETE POLE BASES AND CABINET FOUNDATIONS

211500 - TREE REMOVAL, 6" TO 15" DIAMETER

211501 - TREE REMOVAL, GREATER THAN 15" TO 25" DIAMETER

211502 - TREE REMOVAL, GREATER THAN 25" TO 37" DIAMETER

211503 - TREE REMOVAL, GREATER THAN 37" TO 49" DIAMETER

211504 - TREE REMOVAL, GREATER THAN 49" DIAMETER

Description:

This work consists of removing and disposing of trees with a diameter over 6".

Construction.

A. The appropriate construction methods of Section 201 shall apply to this work. Final determination for removal of trees will be made by the engineer during the construction operation. Tree removal shall consist of felling a single tree by size classifications and the removal of stumps below the surrounding ground line. All portions or remnants of the tree and stump shall be completely removed from highway right-of-way and abutting properties.

or as directed by the engineer.

B. All portions or remnants of the tree shall become the property of the Contractor and shall be removed from the right-of-way and abutting properties at the close of each working day. All stumps, which cannot be removed the same day as felling, shall be cut flush with the ground prior to the end of work that day. All right-of-way removal sites shall be restored to preconstruction condition, satisfactory to the engineer, if ground disturbance, such as ruts or sod damage occurs during removal in areas not to be disturbed by grading operations.

Method of Measurement.

The quantity of trees for removal will be measured as the actual number of trees acceptably removed. The trunk diameter for all trees will be measured at a point 4' - 6" above the ground. For multiple-trunk trees that branch below the standard 4’-6” measurement, the diameter will be measured at the point immediately below the branching split or juncture. The diameter of the tree will be determined from the circumference of the tree as measured above.

Basis of Payment.

A. The Department will pay for of trees designated for tree removal at the contract unit price per each tree by category, as follows:

1. 6" to 15" diameter;

2. greater than 15" to 25" diameter;

3. greater than 25" to 37" diameter;

4. greater than 37" to 49" diameter;

5. greater than 49" diameter; and

B. Trees with a diameter of 6" and under will be removed under Section 201.

C. Price and payment will constitute full compensation for:

1. removal of designated trees;

2. restoration of ground disturbance in right-of-way removal sites; and

3. all labor, equipment, tools, and incidentals required to complete the Work.

7/18/2024

211513 – TREE TRIMMING

This work consists of pruning tree branches and/or shrubs.

Construction Method:

A. Prune tree branches and/or shrubs to maintain the vertical and horizontal clearances, unless otherwise directed by the engineer:

1. 20-feet above the roadway elevation.

2. 10-feet above the sidewalk elevation, and 2-feet horizontally from both edges.

3. 10-feet above the shared use path elevation, and 2-feet horizontally from both edges.

B. Prune in accordance with ANSI A300 Pruning Standards.

C. Dispose of all trimming in accordance with Section 106.8.

Method of Measurement:

The Department will measure tree trimming by the linear foot parallel to the right of way regardless of how far the branches reach into the State right of way.

Basis of Payment:

The Department will pay for tree trimming at the contract unit price per linear foot. Price and payment will constitute full compensation for trimming, removal of trimmed materials, and incidentals required to complete the Work.

2/1/2024

401502 - ASPHALT CEMENT COST ADJUSTMENT

For Sections 304, 401, 402, 403, 404, and 405, payments to the Contractor shall be adjusted to reflect increases or decreases in the Delaware Posted Asphalt Cement Price when compared to the Project Asphalt Cement Base Price, as defined in these Special Provisions.

The Delaware Posted Asphalt Cement Price will be issued monthly by the Department and will be the industry posted price for Asphalt Cement, F.O.B. Philadelphia, Pennsylvania. The link for the posting is https://deldot.gov/Business/bids/index.shtml?dc=asphalt_cement_english.

The Project Asphalt Cement Base Price will be the Delaware Posted Asphalt Cement Price in effect on the date of advertisement.

All deviations of the Delaware Posted Asphalt Cement Price from the Project Asphalt Cement Base Price are eligible for cost adjustment. No minimum increases or decreases or corresponding percentages are required to qualify for cost adjustment.

Actual quantity of asphalt cement qualifying for any Asphalt Cement Cost Adjustment will be computed using the weight of eligible asphalt that is shown on the QA/QC pay sheets as a percentage for the delivered material.

If the mix was not inspected and no QA/QC pay sheet was generated, then the asphalt percentage will be obtained from the job mix formula for that mix ID. The asphalt percentage eligible for cost adjustment shall only be the virgin asphalt cement added to the mix.

There shall be no separate payment per ton cost of asphalt cement. That cost shall be included in the various unit prices bid per ton for those bid items that contain asphalt cement (mentioned above).

The Asphalt cement cost adjustment will be calculated on grade PG 64-22 asphalt regardless of the actual grade of asphalt used.

If the Contractor exceeds the authorized allotted completion time, the price of asphalt cement on the last authorized allotted workday, shall be the prices used for cost adjustment during the time liquidated damages are assessed. However, if the industry posted price for asphalt cement goes down, the asphalt-cement cost shall be adjusted downward accordingly.

https://deldot.gov/Business/bids/index.shtml?dc=asphalt_cement_english

NOTE:

Application of Asphalt Cement Cost Adjustment requirements as indicated above shall apply only to those contracts involving items related to bituminous base and pavements, and with bitumen, having a total of 1,000 tons or more of hot-mix bid quantity in case of Sections 401, 402 and 403; and 15,000 gallons or more in case of

Sections 304, 404 and 405.

12/14/2020

401699 - QUALITY CONTROL/QUALITY ASSURANCE OF BITUMINOUS CONCRETE

.01 Description

This item shall govern the Quality Assurance Testing for supplying bituminous asphalt plant materials and constructing bituminous asphalt pavements and the calculation for incentives and disincentives for materials and construction. The Engineer will evaluate all materials and construction for acceptance. The procedures for acceptance are described in this Section. Include the costs for all materials, labor, equipment, tools, and incidentals necessary to meet the requirements of this specification in the bid price per ton for the bituminous asphalt. Payment to the Contractor for the bituminous asphalt item(s) will be based on the Contract price per ton and the pay adjustments described in this specification.

.02 Bituminous Concrete Production B Quality Acceptance

(a) Material Production - Tests and Evaluations.

All acceptance tests shall be performed by qualified technicians at qualified laboratories following AASHTO or DelDOT procedures and shall be evaluated using Quality Level Analysis. The Engineer will conduct acceptance tests. The Engineer will directly base acceptance on the acceptance test results, the asphalt cement quality, the

Contractor=s QC Plan work, and the comparisons of the acceptance test results to the QC test results. The Engineer may elect to utilize test results of the Contractor in some situations toward judging acceptance.

Supply and capture samples, as directed by the Engineer under the purview of the Engineer from delivery trucks before the trucks leave the production plant. Hand samples to the Engineer to be marked accordingly. The sample shall represent the material produced by the Contractor and shall be of sufficient size to allow the Engineer to complete all required acceptance tests. The Engineer will direct the Contractor when to capture these samples, on a statistically random, unbiased basis, established before production begins each day based upon the anticipated production tonnage. The captured sample shall be from the Engineer specified delivery truck. The Contractor may visually inspect the specified delivery load during sampling and elect to reject the load. If the contractor elects to reject the specified delivery truck, each subsequent load will be inspected until a visually acceptable load is produced for acceptance testing. All visually rejected loads shall not be sent to a Department project.

The first sample of the production day will be randomly generated by the Engineer between loads 0 and 12

(0-250 tons). Subsequent samples will be randomly generated by the Engineer on 500-ton sub-lots for the production day. Samples not retrieved in accordance with the Contractor=s QC plan will be deemed unacceptable and may be a basis for rejection of material produced. Parallel tests or dispute resolution tests will only be performed on material captured at the same time and location as the acceptance test sample. Parallel test samples or Dispute Resolution samples will be created by splitting a large sample or obtaining multiple samples that equally represent the material.

The Engineer will perform all splitting and handling of material after it is obtained by the Contractor.

The Contractor may retain dispute resolution samples or perform parallel tests with the Engineer on any acceptance sample.

The Engineer will evaluate and accept the material on a lot basis. All the material within a lot shall have the same JMF (mixture ID). The lot size shall be targeted for 2000 tons or a maximum period of three days, whichever is reached first. If the 2000th ton target lot size is achieved during a production day, the lot size shall extend to the end of that production day. The Contractor may interrupt the production of one JMF in order to produce different material; this type of interruption will not alter the determination of the size or limits of material represented by a lot.

The Engineer will evaluate each lot on a sublot basis. The size for each sublot shall be 100 to 500 tons and testing for the sub lots will be completed on a daily basis. For each sublot, the Engineer will evaluate one sample.

The target size of sub-lots within each lot, except for the first sample of the production day, is equal-sized

500 ton sub lots and will be based upon anticipated production, however, more or fewer sublots, with differing sizes, may result due to the production schedule and conditions. If the actual production is less than anticipated, and it=s determined a sample will not be obtained (based upon the anticipated tonnage), a new sample location will be determined on a statistically random, unbiased basis based upon the new actual production. If the actual production is going to be 50 tons or greater over the anticipated sub lot production, a new sample location will be determined on a statistically random, unbiased basis based upon the new actual production. The Engineer will combine the evaluation and test results for all of the applicable sublots in order to evaluate each individual lot.

If the Engineer is present, and the quantity exceeds 25 tons, a statistically random sample will be used for analysis. When the anticipated production is less than 100 tons and greater than 25 tons, and the Engineer is not present, the contractor shall randomly select a sample using the Engineer=s random location program. The captured sample shall be placed in a suitable box, marked to the attention of the Engineer, and submitted to the Engineer for testing. A box sample shall also be obtained by the contractor at the same time and will be used as the Dispute

Resolution sample if requested by the Engineer. The Contractor shall also obtain one liquid asphalt sample (1 pint) per grade of asphalt used per day and properly label it with all pertinent information.

The Engineer will conduct the following tests in order to characterize the material for the pavement compaction quality and to judge acceptance and the pay adjustment for the material:

- AASHTO T312 - Preparing and Determining the Density of Hot Mix Asphalt (HMA) Specimens by

Means of the Superpave Gyratory Compactor

- AASHTO T166, Method C (Rapid Method) - Bulk Specific Gravity of Compacted Hot Mix Asphalt

(HMA) Using Saturated Surface Dry Specimens

- AASHTO T308 - Determining the Asphalt Binder Content of Hot Mix Asphalt (HMA) by the

Ignition Method

- AASHTO T30 - Mechanical Analysis of Extracted Aggregate

- AASHTO T209 - Theoretical Maximum Specific Gravity and Density of Hot Mix Asphalt (HMA)

- ASTM D7227 - Standard Practice for Rapid Drying of Compacted Asphalt Specimens using Vacuum

Drying Apparatus

(b) Pavement Construction - Tests and Evaluations.

The Engineer will directly base acceptance on the compaction acceptance test results, and on the inspection of the construction, the Contractor=s QC Plan work, ride smoothness as referenced in the contract documents, lift thickness as referenced in the contract documents, joint quality as referenced in the contract documents, surface texture as referenced in the contract documents, and possibly the comparisons of the acceptance test results to the independent test results. For the compaction acceptance testing, the Engineer will sample the work on a statistically random basis and will test and evaluate the work based on daily production.

Notify the Engineer of any locations within that road segment that may not be suitable to achieve minimum

(93%) compaction due to existing conditions prior to paving the road segment. Schedule and hold a meeting in the field with the Engineer in order to discuss all areas that may potentially be applicable to Table 5a before paving starts.

Areas that will be considered for Table 5a will be investigated in accordance with the method described in Appendix

B. If this meeting is not held prior to paving, no areas will be considered for Table 5a. Areas of allowable exemptions that will not be cored include the following: partial-depth patch areas, driveway entrances, paving locations of less than 100 tons, areas around manholes and driveway entrances, and areas of paving that are under 400 feet in continuous total length and/or 5 feet in width.

The exempt areas around manholes will be a maximum of 4 feet transversely on either side from the center of the manhole, and 20 feet longitudinally on either side from the center of the manhole.