T202566204 Proposal.pdf

STATE OF DELAWARE

DEPARTMENT OF TRANSPORTATION

BID PROPOSAL

CONTRACT T202566204

RESILIENCY IMPROVEMENTS, KC, CYPRESS BRANCH RD

Advertisement Date: August 4, 2026

INCLUDED IN THIS DOCUMENT: ADDITIONAL BID PROPOSAL ITEMS:

BID PROPOSAL:

GENERAL DESCRIPTION

PROSPECTIVE BIDDER’S NOTES

GENERAL NOTICES

SPECIAL PROVISIONS

STATEMENTS

QUANTITY SHEET SUMMARY

ATTACHED OR POSTED DOCUMENTS:

PROJECT PLANS

QUESTIONS & ANSWERS (if posted)

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 in the Bidder’s Room at the DelDOT Administration Building, Dover, DE;

ALL BIDS DUE PRIOR TO 2:00 P.M. Local Time, SEPTEMBER 1, 2026 https://bids.delaware.gov/ https://bidx.com/de/main

DIGITAL ACCESSIBILITY NOTICE

The Delaware Department of Transportation (DelDOT) is committed to ensuring that its digital services, content, and documents are accessible to all users and is actively working to comply with applicable federal and state accessibility requirements. DelDOT continues to make improvements over time, with current efforts focused on programs, applications, content, and documents that are actively in use and available to the public.

Due to the nature and complexity of certain materials, including construction plans, technical drawings, historical documents, maps, and other graphic-intensive files, some documents may not currently be fully digitally accessible or compliant with current accessibility standards. In some cases, these documents are provided for historical, reference, informational, or procurement purposes only.

If you require an accessible version of a document or need assistance accessing any content, please contact DelDOT at (302) 760-2031 or DOT-ask@delaware.gov and reasonable efforts will be made to provide the information in an accessible format upon request. DelDOT appreciates your patience and understanding as accessibility improvements continue to be implemented.

mailto:DOT.ask@delaware.gov

Contract No. T202566204

GENERAL DESCRIPTION

A. BIDS DUE: SEPTEMBER 1, 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, 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.

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: Kent 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 this project which focuses on addressing tidal flooding that frequently affects Cypress Branch Road in the area near Cypress Branch. The project will raise the low-lying section of the road by 1.75 feet, thereby reducing the frequency that the road is overtopped by water during tidal events. The reconstruction work will extend 420 feet south from Bridge 2-364B. Additionally, guardrails will be installed throughout the project area to protect wetlands and minimize any adverse environmental impacts.

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 32 Calendar Days.

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

It is estimated a Notice to Proceed is issued such that work starts on or about November 9, 2026.

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

TRANSPORTATION, JANUARY 2026 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.

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.

mailto:dot-ask@delaware.gov http://www.deldot.gov/Publications/manuals/standard_specifications/index.shtml https://bids.delaware.gov/

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. 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.

K. 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:

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.

mailto:%20dot-ask@delaware.gov https://bids.delaware.gov/ https://bidx.com/de/main https://delcode.delaware.gov/title29/c069/sc04/index.html https://deldot.gov/Business/bids/index.shtml?dc=const_contractor_reg http://regulations.delaware.gov/register/december2017/final/21%20DE%20Reg%20503%2012-01-17.htm

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 2026 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. 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.

11. REVISED SPEC LANGUAGE:

The Revised Inspection Framework – January 2026 (2026 Inspection Framework) shall apply to this contract.

Delete from Section 101.3 Primary inspection. The inspection (formerly referred to as Final Inspection) conducted by the engineer to determine if the contractor has satisfactorily completed the project, or a portion of the project, in accordance with the contract.

Insert within Section 101.3 Acceptance Inspection. The inspection (formerly referred to as Primary Inspection) conducted by the Administering Section, contractor, and accepting section confirming that primary inspection punch list items have been addressed.

Primary inspection. The inspection (formerly referred to as initial inspection) conducted by the Department to review all contract work has been completed in accordance with the Plans, Standard Specifications, Special Provisions, and Standard Construction Details. The inspection is confirmation of the work completed per the contract documents.

Project Acceptance. The Department’s notification to the Contractor that the time charges will cease, and construction activities are completed, releasing the contractor from liability and repairs or maintenance to the completed work.

Revise Section 104.12.A as follows.

A. Before acceptance inspection, clean rubbish, excess materials, temporary structures, and equipment from the project, from any publicly owned borrow source used to complete the work, and from areas https://deldot.gov/Business/cc/ https://deldot.gov/Business/cc/ https://deldot.gov/Business/drc/pd_files/plan_development/Revised%20Inspection%20Framework%20-%20January%202026.pdf?cache=1770037794995 affected by the contractor in connection with the work within the right-of-way. Cut all grass and weeds taller than 6-inches. The cost of the final cleanup is incidental to Item 763000, Initial Expense, De- Mobilization.

Revise Section 105.4.F as follows.

F. Submit copies of manufacturer’s catalog cuts, drawings, wiring diagrams, and other relevant documents with working drawings for electrical and mechanical equipment. After the Department has reviewed all items of a particular system, prepare an instruction book for the particular system. Fasten and bind the items listed below in a leather or heavy plastic cover book with a title clearly shown.

Provide five copies of the book to the engineer before acceptance inspection. Make the books available when connecting and energizing electrical and mechanical systems. Ensure that the final bound copies reflect changes or adjustments made during the work. Include the following in the instruction book:

1. An equipment list.

2. A complete description of the equipment.

3. The sequence of operation including inter-locking and protective features.

4. The use of by-pass switches.

5. A detailed description of all wiring circuits.

6. A recommended spare parts list.

7. Renewal parts bulletins.

8. Instruction bulletins for the provided equipment.

9. Diagrams and drawings of reduced size suitable for binding.

10. An index listing all items.

Revise Section 105.13.D as follows.

D. Include the cost of maintenance work during construction and before completion of the acceptance inspection punch list in the proposal. The Department will pay the cost of maintenance work occurring after completion of the acceptance inspection punch list.

Revise Section 105.14.A as follows.

A. The engineer may order opening of certain sections of the work to traffic or other use before the contractor completes the work or before the engineer accepts the work. The Department will not consider opening sections of the work as constituting acceptance of the work or a waiver of any contract provisions. The engineer will pay the cost of repairing damage to the work caused by opening work to vehicular traffic unless opening the roadway is due to the fault, or inactivity of, the contractor or the contractor caused the damage. All other maintenance costs including, but not limited to, mowing grass and general cleanup are the contractor’s responsibility until completion of the acceptance inspection punch list to the Department’s satisfaction. Maintenance costs for work involving landscaping and vegetative growth are the contractor’s responsibility until final acceptance.

Revise Section 105.16 as follows.

A. Partial Acceptance.

1. The decision to partially accept a portion of the project is solely at the discretion of the engineer.

The engineer may partially accept portions of the work. The Department will not consider partial acceptance as constituting acceptance of the work that has not been partially accepted or a waiver of any contract provisions. The Department will maintain the partially accepted portion of the project, including repairing damage caused by the public.

B. Project Acceptance

1. The Department will cease counting contract time when the project reaches substantial completion as defined in Section 101.3, Definitions.

2. Substantial Completion Verification

a. Upon receiving the contractor’s notice of substantial completion of the project, the Department will verify all contract items are complete as defined in Section 101.3, Definitions. Items not deemed complete shall be completed by contractor prior to Department issuance of Substantial Completion.

b. After issuance of Substantial Completion, request Primary Inspection from the Department.

c. The Department will schedule the Primary Inspection within 30 calendar days of the request.

3. Primary Inspection

a. The Department/Administering Section will conduct a Primary Inspection with the completion of 105.16.2 Substantial Completion Verification. The Administering Section will note and provide a written punch list by stations and in detail identifying work or conditions requiring correction. The punch list will include ADA inspection deficiencies.

b. Perform the corrective work noted on the punch list within 30 calendar days upon receipt of the punch list created by the Administering Section, unless the parties mutually agree to extend the time frame.

c. Upon completion of the primary inspection punch list, request an acceptance inspection from the Department. Prior to acceptance inspection scheduling, the Administering Section will confirm and annotate the primary inspection punch list and ensure ADA Inspection deficiencies have been addressed and documented.

d. The Administering Section will schedule Acceptance inspection with the Maintenance District within 30 days of confirmation of primary punch list item completion.

4. Acceptance (formerly primary) Inspection.

a. The Department will conduct an acceptance inspection with the completion of 105.16.B.3, primary inspection. The Administering Section will provide a written punch list identifying deficiencies not satisfactorily addressed from the primary inspection punch list within 7 calendar days of the acceptance inspection.

b. Perform the corrective work noted on the punch list within 15 calendar days upon receipt of the punch list created by the Administering Section, unless the parties mutually agree to extend the time frame.

c. The Administering Section will verify remediation work and will provide a list with dates that remedial activities were resolved to the Maintenance District when requesting Project Acceptance.

C. Project Acceptance

1. The Administering Section will notify the Maintenance District that acceptance inspection punch list items have been addressed.

2. The Maintenance District and/or other accepting entities will verify acceptance inspection punch list items have been addressed within 30 calendar days of notice from the Administering Section.

D. Final Acceptance

1. The engineer will provide final acceptance in writing that will state the acceptance date as defined in Section 101.3, Definitions.

E. Project Closeout

1. Upon final acceptance, provide the exempted documents, certificates, or proofs of compliance within 90 calendar days.

2. The Department will not issue the final payment until the contractor executes and delivers the required documents.

Revise Section 108.8.K as follows.

K. Once the Department determines that the work is substantially complete, the Department will suspend time charges and the assessment of liquidated damages. Failure to complete all punch list work identified during the primary and acceptance inspections within the timeframes allotted, will result in the Department restarting liquidated damages in accordance with the chart specified in Section 108.9, Schedule of Liquidated Damages. The assessment of post-substantial-completion liquidated damages will continue until project completion.

Revise Section 610.3.9.A.2 as follows.

2. The engineer will measure the width, length, and depth of each crack and establish the precise location of the crack termination points relative to permanent reference points on the member. The engineer will monitor and document the growth of individual cracks at an inspection interval the engineer will choose to determine if cracks are active or dormant after acceptance inspection.

Revise Section 722.3.2.A as follows.

A. Provide on-site field instruction by the system manufacturer, at a location determined by the engineer.

Provide a minimum of 2 training sessions consisting of installation training before beginning cable barrier construction and maintenance training before acceptance inspection. The manufacturer shall establish the training duration and shall provide field training on all aspects of the system. Coordinate the training schedule and location with the engineer. The engineer will advise the appropriate department staff, including construction inspectors and maintenance personnel regarding the training location and schedule. Provide all training materials in both hard copy and electronic PDF format.

Revise Section 722.3.2.C.1 as follows.

1. Hold the maintenance training a minimum of 7 calendar days before acceptance inspection of the system. Submit the proposed training date to the engineer a minimum of 14 calendar days prior to the training session date for review and approval. Include the following participants:

a. District Maintenance Engineer, or designated representative;

b. District Maintenance Superintendent, or designated representative;

c. Area Yard Supervisor, or designated representative; and

d. District maintenance personnel.

Revise Section 722.3.3.L as follows.

L. Within 10 calendar days of the primary inspection, supply spare parts for the HTCB system. Deliver the parts to the DelDOT maintenance facility as directed by the engineer. Provide an extra supply of the following:

1. Socketed-type line posts, including post hardware, caps, reflective sheeting, straps, spacers, and socket covers. Include 200 posts and accessories.

2. Rigging screws and threaded terminals. Provide enough materials to complete 8 turnbuckle assemblies.

3. Anchor posts including post hardware and caps, reflective sheeting, straps, fittings, spacers, and socket covers. Provide enough materials to complete 3 end anchor installations.

4. Fitting gaskets or socket covers. Provide 100 socket covers.

Revise Section 843.3.5.C as follows.

C. Repair defects identified by the Department during periodic or primary inspections in accordance with this specification, including all highway lighting systems and components within the project limits.

Begin highway lighting system repairs immediately following notice of the lighting system defect unless weather limitations prevent the corrective work. Provide notification to the Department before beginning corrective work.

Revise Section 843.3.5.D as follows.

D. The Department will not consider the highway lighting system as substantially complete until correction of the deficiencies noted during the primary and acceptance inspections. Provide a maintenance bond for item 843001 – Electrical Testing upon substantial completion. Provide a maintenance bond meeting the following requirements:

1. A bond sum equal to 100 percent of the value of all highway lighting system items the Department paid to the contractor;

2. With original signatures, in ink, and not mechanical reproductions or facsimiles of any kind, naming the contractor as the principle;

3. term of 1-year beyond the completion of the highway lighting system work; and

4. written by a surety or insurance company licensed to write surety bonds in the State of Delaware by the Delaware Department of Insurance.

Revise 911.3.6.G as follows.

G. Water bi-weekly during the period June 15 through October 1. Continue watering, without interruption, until completing watering of all the plants on the project. Use water in accordance with Section 911.2.9.

The Department will allow use of tree watering bags as a part of the watering operation. Remove the tree watering bags before acceptance inspection.

- end – remainder of page is blank

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, 2026", hereinafter referred to as the Standard Specifications; and Revisions 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.

The Department 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 :

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 a Community Transportation Fund or 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 mailto:Contract.Registry@delaware.gov https://onestop.delaware.gov/

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.

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.

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

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.

(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 of 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

PREVAILING WAGES DO NOT APPLY TO THIS CONTRACT

Contract T202566204

Resiliency Improvements, KC, Cypress Branch Rd.

SPECIAL PROVISIONS

S.P. Code SPECIAL PROVISION DESCRIPTION

401502-25 ASPHALT CEMENT COST ADJUSTMENT

401510-25 TACK COAT

401580-25 RIDE QUALITY OF BITUMINOUS CONCRETE PAVEMENT

401690-25 ENTRANCE, DRIVEWAY, AND INTERSECTING STREET PAVING AND MILLING SURCHARGE

401699-25 QUALITY CONTROL/QUALITY ASSURANCE OF BITUMINOUS CONCRETE

763501-25 CONSTRUCTION ENGINEERING

763520-25 ELECTRONIC TICKETING

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.

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

401510 – TACK COAT

Description:

The Department will not measure and will make no payment for this item. This language replaces Section

1011 of the Standard Specifications.

SECTION 1011 -TACK COAT

1011.1 Description.

Provide material in accordance with 1011.2 for thin lift maintenance applications, or as directed by the engineer. Provide material in accordance with Section 1011.3 and selected from the approved product list and in accordance with manufacturer recommendations for all other applications.

1011.2 Asphalt Cement (PG Graded).

Provide PG-64-22 (PG 64S-22) as tack coat in lieu of emulsified asphalts.

1011.3 Emulsified Asphalts.

1. Anionic emulsified asphalt in accordance with M140 except the sieve test requirement for field samples collected at the point of use shall be a maximum of 0.4 percent.

2. Cationic emulsified asphalt in accordance with M208 except the sieve test requirement for field samples collected at the point of use shall be a maximum of 0.4 percent.

3. Polymer-modified cationic emulsified asphalts in accordance with M316 except the sieve test requirement for field samples collected at the point of use shall be a maximum of 0.4 percent.

4. Non-Tracking emulsified asphalt in conformance with Table 1011.3-1.

Table 1011.3-1 Non-Tracking Emulsified Asphalt Requirements.

Property Test Method Requirement

Saybolt Viscosity at 77 F, (SFS) AASHTO T59 15-100

Storage Stability Test, 24 hours, (%) AASHTO T59 1 maximum

Residue by Distillation or Residue by

Evaportation, (%) AASHTO T59 50 minimum

Sieve Test, No. 20, (%) AASHTO T59 0.4 maximum for field samples

Penetration at 77 F, 100 g, 5 s, (dmm) AASHTO T49 10-40

Solubility in Trichloroethylene, (%) AASHTO T44 97.5 minimum

6/11/2024

401580 - RIDE QUALITY OF BITUMINOUS PAVEMENT

This specification outlines requirements for an acceptable ride surface in addition to requirements established in DelDOT Standard Specifications. The Contractor is responsible for providing smoothness characteristics that meet these requirements. The Contractor is responsible for providing equipment, maintenance of traffic (MOT) as required by the Delaware MUTCD, and performing testing in accordance to this specification. All costs for testing and MOT are incidental to this item. Both the International Roughness Index (IRI) and deviations located within a 10' straightedge are used to characterize smoothness in this Special Provision.

Definitions:

Class 1 Project - a project that consists of full depth construction. Full depth construction is considered to be when contract documents or modifications provide opportunity for preparation of the subgrade prior to paving.

Class 2 Project - a project that consists of a minimum of two smoothness opportunities.

Class 3 Project - a project that consists of one smoothness opportunity.

Deviation - a hump or depression that exceeds defined tolerances.

Smoothness Opportunity - a smoothness opportunity is considered to be any of the following; roadway milling, placement of a leveling course, in-place recycling, or placement of a lift of bituminous concrete.

The final wearing surface is considered one smoothness opportunity.

Equipment:

The Contractor must have a 10' straightedge available during all paving operations.

The Contractor must also have a high speed or lightweight inertial profiling system that meets requirements of AASHTO M328 capable of collecting data in both wheelpaths simultaneously.

Prior to the start of corrective actions, the Contractor must provide to the Engineer:

1. Manufacturer, Make, and Model of the test system

2. Equipment Owner,

3. Relevant Certifications,

4. Manufacturer Calibration Procedures, and

5. Relevant Operator Training information.

Testing:

The Contractor is responsible for testing the pavement surface using an approved inertial profiler in accordance to manufacturer and AASHTO R57 from the start of paving limits to the end of pavement limits. Testing must be performed 3 times in each lane paved in the direction of traffic flow. Testing must be performed within seven (7) days of completion of project paving operations in each location.

The Contractor is responsible for providing information relative to locations that are to be excluded from calculation of the International Roughness Index. These areas must still meet 10' straightedge requirements.

Areas that are to be tested but will be removed prior to IRI analysis are:

1. 50 feet prior to the first bridge deck expansion joint and 50 feet after the last expansion joint if a bridge deck is excluded from smoothness operations.

2. 50' longitudinally from the center of an existing obstruction within the test area such as a manhole, water main, or catch basin that impedes paving operations.

3. 50' longitudinally from transverse joints that separate it from existing pavement not included on this contract.

Areas that are not to be profiled but are still subject to 10' straightedge requirements are:

1. Shoulder areas

2. Parking lots

3. Ramps, Streets, or Acceleration / Deceleration lanes less than 1000' in length.

Submission Requirements:

Test results must be submitted to the Engineer within five working days of completion of testing.

Results not received within the allotted time frame will be assessed a charge of $1,000.00 per day at the discretion of the Engineer.

The Contractor is required to submit summary table IRI reports from their test equipment for 1 run for each lane and direction of paving. This report must also include:

1. Profiling Company Name

2. Date of Test

3. Contract Number

4. Location Description

5. Testing Personnel

The Contractor is required to submit ERD files for each of the 3 tests run in each lane and direction of paving to the Engineer for analysis. The Contractor must provide to the Engineer written documentation indicating the start and end of bridges and the center of obstructions relative to the stationing used on the testing that are not subject to IRI analysis.

Acceptance and Payment:

Acceptance of the final pavement will be based on Engineer calculated IRI values using ProVAL software upon removal of allowable areas of exemption and the number of deviations found in the pavement surface. The IRI measurements will be calculated in 0.1 mile (528 foot) sections for payment purposes. The average value of the three test runs will be used and the average value will be rounded to the nearest tenth. Payments for each section will be based on estimated tonnage calculated from plan thickness and widths using the average maximum specific gravity ("Rice") for all surface mix used at that location.

Deviations equal to or in excess of 0.25" in 10' are to be corrected at the Contractor's expense or will have a discount charge of $200.00 per deviation.

Estimated Tonnage = [L*W*T) * Rice * 62.4 (lb/ft;)*(0.0005 tons / 12 in.)

Where: L = Length Segment (ft.)

W = Lane Width (ft.)

T = Plan Thickness (in.)

IRI Incentive / Disincentive = Estimated Tonnage * UP * (PA-100)/100

Where: UP = Contract Unit Price (Dollars)

PA = Pay Adjustment (Table A)

The total pay adjustment for paving work performed on each location is:

( IRI adj for each section) - Total Deviations * 200

It is possible to receive incentive for IRI measurements and a discount charge for excessive deviations on the same project. If a 528' section has an IRI value resulting in a deduction of at least 84% of the section pay, the deviation discount charge for that section is disregarded and the IRI discount charge is the only action taken for that section.

Table A: Payment Adjustments for IRI

Class 1

IRI per 0.1 mile Segment (in./mi.)

Pay Adjustment

≤ 50

103%

> 50 and < 145

100+ 0.2(65- IRI)

≥ 145

84%

Class 2

IRI per 0.1 mile Segment…