Rehoboth Beach City Hall Landscape Plan

Transcription

1 EXHIBIT A Bid Documents Rehoboth Beach City Hall Landscape Plan Rehoboth Beach, Delaware Davis Bowen & Friedel, Inc. 601 E. Main St, Suite 100 Salisbury, Maryland DBF # 6/2/2017

2 EXHIBIT A SECTION TABLE OF CONTENTS A. Specifications for this project are arranged in accordance with the Construction Specification Institute numbering system and format. Section numbering is discontinuous and all numbers not appearing in the Table of Contents are not used for this Project. B. DOCUMENTS BOUND HEREWITH DIVISION 00 PROCUREMENT AND CONTRACT REQUIREMENTS Table of Contents List of Drawing Sheets Invitation to Bidders Information for Bidders Bid Form Bid Bond Agreement Notice of Award Notice to Proceed Performance Bond Payment Bond General Requirements DIVISION 01 GENERAL REQUIREMENTS Summary Special Conditions Contract Modification Procedures Payment Procedures Project Management and Coordination Execution Closeout Procedures DIVISION 31 EARTHWORK Excavation and Backfill for Pipelines and Structures Erosion & Sediment Control DIVISION 32 EXTERIOR IMPROVEMENTS Soil Preparation Turf and Grasses Plants TABLE OF CONTENTS 1

3 EXHIBIT B SECTION LIST OF DRAWING SHEETS LANDSCAPE AND LIGHTING PLAN SHEET # L1.1 LANDSCAPE DETAILS SHEET # L2.1 LIST OF DRAWING SHEETS 1

4 ADVERTISEMENT FOR BIDS Sealed BIDS, in duplicate, will be received by the CITY OF REHOBOTH BEACH, 229 Rehoboth Avenue, Rehoboth Beach, DE for the Rehoboth City Hall Landscape Plan, Contract No.. Bids will be accepted by the CITY OF REHOBOTH BEACH until 11:00AM, on Wednesday, July 19 th, 2017, at which time they will be opened publicly and read aloud. Work will include the purchase and installation of all irrigation and plant materials, sod and mulching as specified for each landscape and foundation island. Approximate quantities include both deciduous and evergreen species, 55 trees, 825 shrubs, 1,950 groundcover/perennials, and 2,000 square feet of sod. All landscape areas shall be irrigated. Copies of the CONTRACT DOCUMENTS can be examined at Davis, Bowen & Friedel, Inc., and the City of Rehoboth Beach at 229 Rehoboth Avenue, Rehoboth Beach, Delaware (302) , Copies of the CONTRACT DOCUMENTS may be obtained at the office of the City of Rehoboth Beach. and Davis, Bowen & Friedel, Inc., 601 E. Main St., Suite 100, Salisbury, Maryland (410) upon payment of $20.00 for each non-refundable set. Checks should be made payable to Davis, Bowen & Friedel, Inc. The CONTRACT DOCUMENTS are also available in electronic format upon request. The right is reserved as the interest of the City of Rehoboth Beach may appear, to reject any and all bids, to waive any informality or irregularity in bids received, and to accept or reject any items of any bid. Interested BIDDERs are encouraged to attend a pre-bid meeting to be held on Wednesday, June 14 th, 2017 at 2:00PM at the REHOBOTH BEACH City Hall Modular Unit, 229 Rehoboth Avenue, Rehoboth Beach, Delaware City of Rehoboth Beach By: Sharon Lynn City Manager END OF SECTION INVITATION TO BIDDERS

5 SECTION INFORMATION FOR BIDDERS Bids will be received by the City of Rehoboth Beach, 229 Rehoboth Avenue, Rehoboth Beach, DE 19971, at the date and time stated in the Invitation to Bidders. HEREINAFTER all references to OWNER in these specifications shall be understood to be the City of Rehoboth Beach. Each BID must be submitted in a sealed envelope, addressed to the City of Rehoboth Beach, 229 Rehoboth Avenue, Rehoboth Beach, DE Each sealed envelope containing a BID must be plainly marked on the outside as BID for the Rehoboth City Hall Landscape Plan, Contract #, and the envelope should bear on the outside the name of the BIDDER, his address, his license number if applicable and the name of the project for which the BID is submitted. If forwarded by mail, the sealed envelope containing the BID must be enclosed in another envelope addressed to the OWNER at City of Rehoboth Beach, 229 Rehoboth Avenue, Rehoboth Beach, DE All BIDS must be made on the required BID form. All blank spaces for BID prices must be filled in, in ink or typewritten, and the BID form must be fully completed and executed when submitted. Two copies of the BID form are required. All questions prior to the bid opening must be submitted in writing to Davis, Bowen & Friedel, Inc., attention Tim Metzner at tmm@dbbfinc.com or by fax to (410) The cutoff for questions, requests for information or substitution is 5:00 p.m. on July 12, The final addendum will be issued 4 days prior to the bid date due, except to withdraw the request for bids, to extend the deadline, or to change the location of the bid opening. The OWNER may waive any informalities or minor defects or reject any and all BIDS. Any BID may be withdrawn prior to the above scheduled time for the opening of BIDS or authorized postponement thereof. Any BID received after the time and date specified shall not be considered. No BIDDER may withdraw a BID within 90 days after the actual date of the opening thereof. Should there be reasons why the contract cannot be awarded within the specified period, the time may be extended by mutual agreement between the OWNER and the BIDDER. If two (2) or more BIDDERS submit bids of an equal amount and such amount is the lowest BID, the OWNER may award the CONTRACT to any one of the BIDDERS with equal low BIDS; or, all BIDS may be rejected. Should costs exceed available funds or if bids are tied, the Owner reserves the right to proceed with one or more of the following: a. Delete all or a portion of an individual bid item or items and award to the low base bid. Unit prices shall not be affected as bid. b. Appropriate additional funds. c. Reject all bids and repeat the bid process in full. d. Negotiate price down with the low bidder or tied bidders by modification to the project scope. BIDDERS must satisfy themselves as to the accuracy of the estimated quantities in the BID Schedule by examination of the site and review of the drawings and specifications including ADDENDA. After BIDS have been submitted, the BIDDER shall not assert that there was a misunderstanding concerning the INFORMATION FOR BIDDERS 1

6 quantities of WORK or of the nature of the WORK to be done. The OWNER shall provide to BIDDERS prior to BIDDING, all information which is pertinent to, and delineates and describes, the land owned and rights-of-way acquired or to be acquired. The CONTRACT DOCUMENTS contain the provisions required for the construction of the PROJECT. Information obtained from an officer, agent, or employee of the OWNER or any other person shall not affect the risks or obligations assumed by the CONTRACTOR or relieve him from fulfilling any of the conditions of the contract. A PERFORMANCE BOND in the amount of 100 percent of the CONTRACT PRICE, with a corporate surety approved by the OWNER, in addition to a Certificate of Insurance, will be required for the faithful performance of the contract. Attorneys-in-fact who sign the PERFORMANCE BOND must file with each BOND a certified and effective dated copy of their power of attorney. The party to whom the contract is awarded will be required to execute the AGREEMENT and obtain the performance BOND and Certificate of Insurance within ten (10) consecutive calendar days from the date when NOTICE OF AWARD is delivered to the BIDDER. The NOTICE OF AWARD shall be accompanied by the necessary AGREEMENT and BOND form. In case of failure of the BIDDER to execute the AGREEMENT, the OWNER may at his option consider the BIDDER in default. The OWNER within ten (10) days of receipt of acceptable PERFORMANCE BOND, Certificate of Insurance, and AGREEMENT signed by the party to whom the AGREEMENT was awarded shall sign the AGREEMENT and return to such party an executed duplicate of the AGREEMENT. Should the OWNER not execute the AGREEMENT within such period, the BIDDER may by WRITTEN NOTICE withdraw his signed AGREEMENT. Such notice of withdrawal shall be effective upon receipt of the notice by the OWNER. The NOTICE TO PROCEED shall be issued within ten (10) days of the execution of the AGREEMENT by the OWNER. Should there be reasons why the NOTICE TO PROCEED cannot be issued within such period, the time may be extended by mutual agreement between the OWNER and the CONTRACTOR. If the NOTICE TO PROCEED has not been issued within the ten (10) day period or within the period mutually agreed upon, the CONTRACTOR may terminate the Agreement without further liability on the part of either party. The OWNER may make such investigations as he deems necessary to determine the ability of the BIDDER to perform the WORK, and the BIDDER shall furnish to the OWNER all such information and data for this purpose as the OWNER may request. The OWNER reserves the right to reject any BID if the evidence submitted by, or investigation of, such BIDDER fails to satisfy the OWNER that such BIDDER is properly qualified to carry out the obligations of the AGREEMENT and to complete the WORK contemplated therein. A conditional or qualified BID will not be accepted. Award will be made to the lowest responsible BIDDER. All applicable laws, ordinances, and the rules and regulations of all authorities having jurisdiction over construction of the PROJECT shall apply to the contract throughout. Each BIDDER is responsible for inspecting the site and for reading and being thoroughly familiar with the INFORMATION FOR BIDDERS 2

7 CONTRACT DOCUMENTS. The failure or omission of any BIDDER to do any of the foregoing shall in no way relieve any BIDDER from any obligation in respect to his BID. All BIDDERS shall supply the names and addresses of major material SUPPLIERS and SUBCONTRACTORS with their respective bids. The ENGINEER is Davis, Bowen & Friedel, Inc., 601 E. Main St, Salisbury, MD END OF SECTION INFORMATION FOR BIDDERS 3

8 SECTION BID FORM Proposal of (hereafter called "BIDDER"), organized and existing under the laws of the State of Delaware doing business as a to the City of Rehoboth Beach. (hereinafter called "OWNER"). In compliance with the ADVERTISEMENT FOR BIDS, BIDDER hereby proposes to perform all WORK for the Rehoboth Beach City Hall Landscape Plan project in strict accordance with the CONTRACT DOCUMENTS, within the time set forth therein, and at the prices stated below. By submission of this BID, each BIDDER certifies that this BID has been arrived at independently, without consultation, communication, or agreement as to any matter relating to this BID with any other BIDDER or with any competitor. BIDDER hereby agrees to commence WORK under this CONTRACT on or before a date to be specified in the NOTICE TO PROCEED and to fully complete the PROJECT within consecutive calendar days thereafter. BIDDER further agrees to pay, as liquidated damages, an amount of $ per calendar day as defined in the GENERAL CONDITIONS. *(Insert a corporation, a partnership, or an individual as applicable) BIDDER acknowledges receipt of the following ADDENDA: BASE BID: ($ ) BID FORM 1

9 SUBCONTRACTOR and SUPPLIER LIST In accordance with Title 29, Chapter 69, 6962 (d) (10) b. of the Delaware Code, the following SUBCONTRACTOR and SUPPLIER listing must accompany the BID submittal. The name and address (City and State only) of all major material SUPPLIERS and SUBCONTRACTORS must be listed for each category where the BIDDER intends to use a SUPPLIER or SUBCONTRACTOR to perform that category of WORK. In order to provide full disclosure and acceptance of the BID by the OWNER, it is required that BIDDERS list themselves as being the SUBCONTRACTOR or SUPPLIER for all categories where he/she is qualified and intends to perform such WORK. SUBCONTRACTORS 1. CATEGORY COMPANY NAME ADDRESS (CITY, STATE) DBE (Y/N) BIDDER Please Note: The OWNER reserves the right to accept or reject any or all BIDS. The OWNER may elect to delete some or all portions of any BID item, shown above and described in the CONTRACT DOCUMENTS, or accept any or all alternate BID items, in any order, such that the best interests of the OWNER are served. By submission of this BID, BIDDER certifies that: (1) he is licensed, or has initiated the license application, as required by Title 30, Chapter 25, 2502 of the Delaware Code; (2) he 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 this submitted proposal; and (3) he comprehends the bidding requirements set forth in the CONTRACT DOCUMENTS and herein and is thoroughly familiar with the provisions of the CONTRACT DOCUMENTS. BIDDER agrees that this BID shall be good and may not be withdrawn for a period of ninety (90) days after the scheduled closing time for receiving BIDS. Upon receipt of written notice of the acceptance of this BID, BIDDER will execute the formal CONTRACT attached to said notice, within twenty (20) days and deliver a Surety BOND or BONDS as required in the INFORMATION FOR BIDDERS. The BID security attached in the sum of $, representing ten percent (10%) of the total Project BID, is to become the property of the OWNER in the event the CONTRACT and BONDS are not executed within the time above set forth, as liquidated damages for the delay and additional time expense to the OWNER caused thereby. BID FORM 2

10 Respectfully submitted: Signature Title Federal E.I. Number Delaware Business License Number Date Company Address Company Address (cont d) SEAL (If bid is by a corporation) END OF SECTION BID FORM 3

11 SECTION BID BOND KNOW ALL MEN BY THESE PRESENTS, that we, the Undersigned,, as PRINCIPAL, and, as SURETY, are hereby held and firmly bound unto the City of Rehoboth Beach, Delaware, as OWNER, the penal sum of, ($ ) for the payment of which, well and truly to be made, we hereby jointly and severally bind ourselves, successors and assigns. Signed, this day of, The condition of the above obligation is such that whereas the PRINCIPAL has submitted to the City of Rehoboth Beach, 229 Rehoboth Avenue, Rehoboth Beach, DE 19971, a certain BID, attached hereto and hereby made a part hereof to enter into a CONTRACT, in writing, for the Rehoboth Beach City Hall Landscape Plan, Contract #. NOW, THEREFORE, (a) If said BID shall be rejected, or (b) If said BID shall be accepted and the PRINCIPAL shall execute and deliver a CONTRACT in the form of CONTRACT attachment hereto (properly completed in accordance with said BID) and shall furnish a BOND for faithful performance of said CONTRACT and for the payment of all persons performing labor and furnishing materials in connection therewith, and shall in all other respects perform the agreement created by the acceptance of said BID, then this obligation shall be void, otherwise the same shall remain in force and effect; it being expressly understood and agreed that the BID BOND 1

12 liability of the SURETY for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated. The SURETY, for value received, hereby stipulates and agrees that the obligations of said SURETY and its BOND shall be in no way impaired or affected by any extension of the time within which the OWNER may accept such BID; and said SURETY does hereby waive notice of any extension. In WITNESS WHEREOF, the PRINCIPAL and the SURETY have hereunto set their hands and seals, and such of them as are corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers, the day and year first set forth above. SURETY executing BONDS shall be a licensed agent in the State of Delaware. (L.S.) PRINCIPAL SURETY By: IMPORTANT SURETY companies executing BONDS must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the state where the project is located. END OF SECTION BID BOND 2

13 SECTION AGREEMENT THIS AGREEMENT, made this day of, 2017, by and between the City of Rehoboth Beach, hereinafter called "OWNER", and, doing business as a (Insert a corporation, a partnership, or an individual, as applicable), hereinafter called "CONTRACTOR". WITNESSETH; that for and in consideration of the payments and agreements herein after mentioned: 1. The CONTRACTOR will commence and complete the construction of the Rehoboth City Hall Landscape Plan Project, Contract No.. 2. The CONTRACTOR will furnish all of the materials, supplies, tools, equipment, labor and other services necessary for the construction and completion of the PROJECT described herein. 3. The CONTRACTOR will commence the WORK required by the CONTRACT DOCUMENTS within 10 calendar days after the date of the NOTICE TO PROCEED and will complete all work within 180 consecutive calendar days thereafter. 4. The CONTRACTOR agrees to perform all of the WORK described in the CONTRACT DOCUMENTS and comply with the terms therein for the sum of $, or as shown in the BID schedule. 5. The term "CONTRACT DOCUMENTS" means and includes the following: (A) INVITATION TO BIDDERS (B) INFORMATION FOR BIDDERS (C) BID FORM (D) BID BOND (E) AGREEMENT (F) NOTICE OF AWARD (G) NOTICE TO PROCEED (H) PERFORMANCE BOND (I) PAYMENT BOND (J) SUMMARY (K) SPECIAL CONDITIONS (L) DRAWINGS prepared by Davis, Bowen & Friedel, Inc. AGREEMENT 1

14 (M) SPECIFICATIONS prepared or issued by Davis, Bowen & Friedel, Inc. (N) APPENDICES (O) ADDENDA: (1) (2) (3) 6. The OWNER will pay to the CONTRACTOR in the manner and at such times as set forth in the General Conditions such amounts as required by the CONTRACT DOCUMENTS. 7. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns. IN WITNESS WHEREOF, the parties hereto have executed or caused to be executed by their duly authorized official, this Agreement in three (3) copies, each of which shall be deemed an original on the date first above written. OWNER: City of Rehoboth Beach BY: NAME: (Please Type) TITLE: (SEAL) ATTEST: NAME: (Please Type) TITLE: AGREEMENT 2

15 CONTRACTOR: BY: NAME: (Please Type) TITLE: ADDRESS: Employee Identification Number: (SEAL) ATTEST: NAME: (Please Type) TITLE: END OF SECTION AGREEMENT 3

16 SECTION NOTICE OF AWARD TO: PROJECT Description: Rehoboth Beach City Hall Landscape Plan, Contract No. The OWNER has considered the BID submitted by you for the above described WORK in response to its Invitation to Bidders advertised and, 2017, and Information for Bidders. You are hereby notified that your BID has been accepted for items in the estimated amount of $. You are required by the Information for Bidders to execute the AGREEMENT and furnish the required CONTRACTOR'S PERFORMANCE BOND, PAYMENT BOND and Certificates of Insurance within ten (10) calendar days from the date of this NOTICE to you. If you fail to execute said AGREEMENT and to furnish said BONDS and Certificates of Insurance within ten (10) calendar days from the date of this NOTICE, said OWNER will be entitled to consider all your rights arising out of the OWNER'S acceptance of your BID as abandoned and as a forfeiture of your BID BOND. The OWNER will be entitled to such other rights as may be granted by law. You are required to return an acknowledged copy of this NOTICE OF AWARD to the OWNER. Dated this day of, Owner: City of Rehoboth Beach By: Title: ACCEPTANCE OF NOTICE Receipt of the above NOTICE OF AWARD is hereby acknowledged by: (Sign):, this, the day of, Name (Print): Title: END OF SECTION NOTICE OF AWARD 1

17 SECTION NOTICE TO PROCEED To: Date: Project: Rehoboth Beach City Hall Landscape Plan Contract No. You are hereby notified to commence WORK, in accordance with the Agreement dated, 2017, on or before, 2017 and you are to complete the WORK within 180 consecutive calendar days thereafter. The date of completion of all work is therefore anticipated by, Owner: By: Title: City of Rehoboth Beach ACCEPTANCE OF NOTICE Receipt of the above NOTICE TO PROCEED is hereby acknowledged by: (Sign):, This, the day of, Name (Print): Title: END OF SECTION NOTICE TO PROCEED 1

18 SECTION PERFORMANCE BOND Bond Number: KNOW ALL PERSONS BY THESE PRESENTS, that we,, as principal ( Principal ), and, a corporation, legally authorized to do business in the State of Delaware, as surety ( Surety ), are held and firmly bound unto City of Rehoboth Beach ( Owner ), in the amount of ($ ), to be paid to Owner, for which payment well and truly to be made, we do bind ourselves, our and each and every of our heirs, executors, administrations, successors and assigns, jointly and severally, for and in the whole, firmly by these presents. Sealed with our seals and dated this day of, 20. NOW THE CONDITION OF THIS OBLIGATION IS SUCH, that if Principal, who has been awarded by Owner that certain contract known as Contract No. dated the day of, 20 (the Contract ), which Contract is incorporated herein by reference, shall well and truly provide and furnish all materials, appliances and tools and perform all the work required under and pursuant to the terms and conditions of the Contract and the Contract Documents (as defined in the Contract) or any changes or modifications thereto made as therein provided, shall make good and reimburse Owner sufficient funds to pay the costs of completing the Contract that Owner may sustain by reason of any failure or default on the part of Principal, and shall also indemnify and save harmless Owner from all costs, damages and expenses arising out of or by reason of the performance of the Contract and for as long as provided by the Contract; then this obligation shall be void, otherwise to be and remain in full force and effect. Surety, for value received, hereby stipulates and agrees, if requested to do so by Owner, to fully perform and complete the work to be performed under the Contract pursuant to the terms, conditions and covenants thereof, if for any cause Principal fails or neglects to so fully perform and complete such work. Surety, for value received, for itself and its successors and assigns, hereby stipulates and agrees that the obligation of Surety and its bond shall be in no way impaired or affected by any extension of time, modification, omission, addition or change in or to the Contract or the work to be performed thereunder, or by any payment thereunder before the time required therein, or by any waiver of any provisions thereof, or by any assignment, subletting or other transfer thereof or of any work to be performed or any monies due or to become due thereunder; and Surety hereby waives notice of any and all such extensions, modifications, omissions, additions, changes, payments, waivers, assignments, subcontracts and transfers and hereby expressly stipulates and agrees that any and all things done and omitted to be done by and in relation to assignees, subcontractors, and other transferees shall have the same effect as to Surety as though done or omitted to be done by or in relation to Principal. Surety hereby stipulates and agrees that no modifications, omissions or additions in or to the terms of the Contract shall in any way whatsoever affect the obligation of Surety and its bond. Any proceeding, legal or equitable, under this Bond may be brought in any court of competent jurisdiction in the State of Delaware. Notices to Surety or Contractor may be mailed or delivered to them at their respective addresses shown below. IN WITNESS WHEREOF, Principal and Surety have hereunto set their hand and seals, and such of them PERFORMANCE BOND 1

19 as are corporations have caused their corporate seal to be hereto affixed and these presents to be signed by their duly authorized officers, the day and year first above written. PRINCIPAL Name: Witness or Attest: (SEAL) Name: (Corporate Seal) Address: By: Name: Title: SURETY Name: Witness or Attest: (SEAL) Name: (Corporate Seal) Address: By: Name: Title: END OF SECTION PERFORMANCE BOND 2

20 SECTION PAYMENT BOND KNOWN ALL PERSONS BY THESE PRESENTS that (Name of Contractor), (Address of Contractor) a, hereinafter called PRINCIPAL, and (Corporation, Partnership, or Individual) (Name of Surety), (Address of Surety) hereinafter called SURETY, are held and firmly bound unto the City of Rehoboth Beach, 229 Rehoboth Avenue, Rehoboth Beach, DE 19971, hereinafter called OWNER, and unto all persons, firms and corporations who or which may furnish labor, or who furnish materials to perform, as described under the contract and to their successors and assigns in the total aggregate penal sum of DOLLARS, ($ ) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the PRINCIPAL entered into a certain CONTRACT with the OWNER, dated the day of, 2013, a copy of which is hereto attached and made a part hereof for the construction of: CONTRACT No., Rehoboth Beach City Hall Landscape Plan Project and other appurtenant work, which CONTRACT and the WORK to be done thereunder and the Specifications accompanying same shall be deemed a part thereof to the same extent as if fully set out herein. PAYMENT BOND 1

21 NOW THEREFORE, if the PRINCIPAL shall promptly make payment to all persons, firms and corporations furnishing materials for or performing labor in the prosecution of the WORK provided for in such CONTRACT, and any authorized extensions or modifications thereof, including all amounts due for materials, lubricants, oil, gasoline, coal and coke, repairs on machinery, equipment and tools, consumed or used in connection with the construction of such WORK, and for all labor cost incurred in such WORK including that by a SUBCONTRACTOR, and to any mechanic or materialman lienholder whether it acquires its lien by operation of State or Federal law; then this obligation shall be void, otherwise to remain in full force and effect. PROVIDED, that beneficiaries or claimants hereunder shall be limited to SUBCONTRACTORS and persons, firms and corporations having a direct CONTRACT with the PRINCIPAL or its SUBCONTRACTORS. PROVIDED, FURTHER, that the said SURETY, for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the CONTRACT or to the WORK to be performed thereunder or the SPECIFICATIONS accompanying the same shall in any way affect its obligation on this BOND, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the CONTRACT or to the WORK or to the SPECIFICATIONS. PROVIDED, FURTHER, that no suit or action shall be commenced hereunder by any claimant: (a) Unless claimant, other than one having a direct CONTRACT with the PRINCIPAL, shall have given written notice to any two of the following: The PRINCIPAL, the OWNER, or the SURETY above named within ninety (90) days after such claimant did or performed the last of the WORK or labor, or furnished the last of the materials for which said claim is made, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were furnished, or for whom the WORK or labor was done or performed. Such notice shall be served by mailing the same by registered mail or certified mail, postage prepaid, in an envelope addressed to the PRINCIPAL, OWNER, or SURETY, at any place where an office is regularly maintained for the transaction of business, or served in any manner in which legal process may be served in the state in which the aforesaid project is located, save that such service need not be made by a public officer. (b) After the expiration of one (1) year following the date of which PRINCIPAL ceased WORK on said CONTRACT, is being understood, however, that if any limitation embodied in the BOND is prohibited by any law controlling the construction hereof, such limitation shall be deemed to be amended so as to be equal to the minimum period of PAYMENT BOND 2

22 limitation permitted by such law. PROVIDED, FURTHER, that it is expressly agreed that the BOND shall be deemed amended automatically and immediately, without formal and separate amendments hereto, upon amendment to the CONTRACT not increasing the CONTRACT price more than 20 percent, so as to bind the PRINCIPAL and SURETY to the full and faithful performance of the CONTRACT as so amended. The term "Amendment", wherever used in this BOND, and whether referring to this BOND, the CONTRACT or the Loan Documents shall include any alteration, addition, extension, or modification of any character whatsoever. PROVIDED, FURTHER, that no final settlement between the OWNER and the PRINCIPAL shall abridge the right of the other beneficiary hereunder, whose claim may be unsatisfied. The OWNER is the only beneficiaries hereunder. IN WITNESS WHEREOF, this instrument is executed in three (3) counterparts, each one of which shall be deemed an original, this the day of, ATTEST: (PRINCIPAL) Secretary (SEAL) Address: (PRINCIPAL) (Witness as to PRINCIPAL) Address: By: Address: ATTEST: (Witness as to SURETY) PAYMENT BOND 3

23 (SURETY) By: (Attorney-in-Fact) Address: NOTE: Date of BOND must not be prior to date of CONTRACT. IF CONTRACTOR is partnership, all partners should execute BOND. IMPORTANT: SURETY companies executing BONDS must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State where the PROJECT is located. END OF SECTION PAYMENT BOND 4

24 SECTION GENERAL REQUIREMENTS TABLE OF ARTICLES 1. GENERAL PROVISIONS 2. OWNER 3. CONTRACTOR 4. ADMINISTRATION OF THE CONTRACT 5. SUBCONTRACTORS 6. CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS 7. CHANGES IN THE WORK 8. TIME 9. PAYMENTS AND COMPLETION 10. PROTECTION OF PERSONS AND PROPERTY 11. INSURANCE AND BONDS 12. UNCOVERING AND CORRECTION OF WORK 13. MISCELLANEOUS PROVISIONS 14. TERMINATION OR SUSPENSION OF THE CONTRACT GENERAL REQUIREMENTS 1

25 ARTICLE 1: GENERAL 1.1 CONTRACT DOCUMENTS The intent of the Contract Documents is to include all items necessary for the proper execution and completion of the Work by the Contractor. The Contract Documents are complementary and what is required by one shall be as binding as if required by all. Performance by the Contractor shall be required to an extent consistent with the Contract Documents and reasonably inferable from them as being necessary to produce the intended results Work including material purchases shall not begin until the Contractor is in receipt of a bonafide State of Delaware Purchase Order. Any work performed or material purchases prior to the issuance of the Purchase Order is done at the Contractor s own risk and cost. 1.2 EQUALITY OF EMPLOYMENT OPPORTUNITY ON PUBLIC WORKS For Public Works Projects financed in whole or in part by state appropriation the Contractor agrees that during the performance of this contract: 1. The Contractor will not discriminate against any employee or applicant for employment because of race, creed, sex, color, sexual orientation, gender identity or national origin. The Contractor will take positive steps to ensure that applicants are employed and that employees are treated during employment without regard to their race, creed, sex, color, sexual orientation, gender identity or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places available to employees and applicants for employment notices to be provided by the contracting agency setting forth this nondiscrimination clause. 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, sex, color, sexual orientation, gender identity or national origin. ARTICLE 2: OWNER (NO ADDITIONAL GENERAL REQUIREMENTS SEE SUPPLEMENTARY GENERAL CONDITIONS) ARTICLE 3: CONTRACTOR 3.1 Schedule of Values: The successful Bidder shall within ten (10) days after receiving notice to proceed with the work, furnish to the Owner a complete schedule of values on the various items comprising the work. 3.2 Subcontracts: Upon approval of Subcontractors, the Contractor shall award their Subcontracts as soon as possible after the signing of their own contract and see that all material, their own and those of their Subcontractors, are promptly ordered so that the work will not be delayed by failure of materials to arrive on time. GENERAL REQUIREMENTS 2

26 3.3 Before commencing any work or construction, the General Contractor is to consult with the Owner as to matters in connection with access to the site and the allocation of Ground Areas for the various features of hauling, storage, etc. 3.4 The Contractor shall supervise and direct the Work, using the Contractor's best skill and attention. The Contractor shall be solely responsible for and have control over construction means, methods, techniques, sequences and procedures and for coordinating all portions of the Work under the Contract, unless the Contract Documents give other specific instructions. 3.5 The Contractor shall enforce strict discipline and good order among the Contractor's employees and other persons carrying out the Contract. The Contractor shall not permit employment of unfit persons or persons not skilled in tasks assigned to them. 3.6 The Contractor warrants to the Owner that materials and equipment furnished will be new and of good quality, unless otherwise permitted, and that the work will be free from defects and in conformance with the Contract Documents. Work not conforming to these requirements, including substitutions not properly approved, may be considered defective. If required by the Owner, the Contractor shall furnish evidence as to the kind and quality of materials and equipment provided. 3.7 Unless otherwise provided, the Contractor shall pay all sales, consumer, use and other similar taxes, and shall secure and pay for required permits, fees, licenses, and inspections necessary for proper execution of the Work. 3.8 The Contractor shall comply with and give notices required by laws, ordinances, rules, regulations, and lawful orders of public authorities bearing on performance of the Work. The Contractor shall promptly notify the Owner if the Drawings and Specifications are observed to be at variance therewith. 3.9 The Contractor shall be responsible to the Owner for the acts and omissions of the Contractor's employees, Subcontractors and their agents and employees, and other persons performing portions of the Work under contract with the Contractor The Contractor shall keep the premises and surrounding area free from accumulation of waste materials or rubbish caused by operations under the Contract. At completion of the Work the Contractor shall remove from and about the Project all waste materials, rubbish, the Contractor's tools, construction equipment, machinery and surplus materials. The Contractor shall be responsible for returning all damaged areas to their original conditions STATE LICENSE AND TAX REQUIREMENTS Each Contractor and Subcontractor shall be licensed to do business in the State of Delaware and shall pay all fees and taxes due under State laws. In conformance with Section 2503, Chapter 25, Title 30, Delaware Code, "the Contractor shall furnish the Delaware Department of Finance within ten (10) days after entering into any contract with a contractor or subcontractor not a resident of this State, a statement of total value of such contract or contracts together with the names and addresses of the contracting parties The Contractor shall comply with all requirements set forth in Section 6962, Chapter 69, Title 29 of the Delaware Code. GENERAL REQUIREMENTS 3

27 3.13 During the contract Work, the Contractor and each listed Subcontractor, shall implement an Employee Drug Testing Program in accordance with OMB Regulation Regulations for the Drug Testing of Contractor and Subcontractor Employees Working on Large Public Works Projects. Large Public Works is based upon the current threshold required for bidding Public Works as set by the Purchasing and Contracting Advisory Council. ARTICLE 4: ADMINISTRATION OF THE CONTRACT 4.1 CONTRACT SURETY PERFORMANCE BOND All bonds will be required as follows unless specifically waived elsewhere in the Bidding Documents Contents of Performance Bonds The bond shall be in the form approved by the Office of Management and Budget. The bond shall be conditioned upon the faithful compliance and performance by the successful bidder of each and every term and condition of the contract and the proposal, plans, specifications, and bid documents thereof. Each term and condition shall be met at the time and in the manner prescribed by the Contract, Bid documents and the specifications, including the payment in full to every person furnishing materiel or performing labor in the performance of the Contract, of all sums of money due the person for such labor and materiel. (The bond shall also contain the successful bidder s guarantee to indemnify and save harmless the State and the agency from all costs, damages and expenses growing out of or by reason of the Contract in accordance with the Contract.) Invoking a Performance Bond The agency may, when it considers that the interest of the State so require, cause judgement to be confessed upon the bond Within ten (10) days after the date of notice of award of contract, the Bidder to whom the award is made shall furnish a Performance Bond equal to the full amount of the Contract price to guarantee the faithful performance of all terms, covenants and conditions of the same. The bonds are to be issued by an acceptable Bonding Company licensed to do business in the State of Delaware and shall be issued in duplicate Performance Bond shall be maintained in full force (warranty bond) for a period of two (2) years after the date of the Certificate for Final Payment. The Performance Bond shall guarantee the satisfactory completion of the Project and that the Contractor will make good any faults or defects in his work which may develop during the period of said guarantees as a result of improper or defective workmanship, material or apparatus, whether furnished by themselves or their Sub-Contractors. The bondsshall be paid for by this Contractor. The Owner shall have the right to demand that the proof parties signing the bonds are duly authorized to do so. 4.2 FAILURE TO COMPLY WITH CONTRACT If any firm entering into a contract with the State, or Agency that neglects or refuses to perform or fails to comply with the terms thereof, the Agency which signed the Contract may terminate the Contract and proceed to award a new contract in accordance with this Chapter 69, Title 29 of the Delaware Code or may require the Surety on the Performance Bond to complete the Contract in accordance with the terms of the Performance Bond. GENERAL REQUIREMENTS 4

28 Nothing herein shall preclude the Agency from pursing additional remedies as otherwise provided by law. 4.3 CONTRACT INSURANCE AND CONTRACT LIABILITY In addition to the bond requirements stated in the Bid Documents, each successful Bidder shall purchase adequate insurance for the performance of the Contract and, by submission of a Bid, agrees to indemnify and save harmless and to defend all legal or equitable actions brought against the State, any Agency, officer and/or employee of the State, for and from all claims of liability which is or may be the result of the successful Bidder s actions during the performance of the Contract The purchase or nonpurchase of such insurance or the involvement of the successful Bidder in any legal or equitable defense of any action brought against the successful Bidder based upon work performed pursuant to the Contract will not waive any defense which the State, its agencies and their respective officers, employees and agents might otherwise have against such claims, specifically including the defense of sovereign immunity, where applicable, and by the terms of this section, the State and all agencies, officers and employees thereof shall not be financially responsible for the consequences of work performed, pursuant to said contract. 4.4 RIGHT TO AUDIT RECORDS The Owner shall have the right to audit the books and records of a Contractor or any Subcontractor under any Contract or Subcontract to the extent that the books and records relate to the performance of the Contract or Subcontract Said books and records shall be maintained by the Contractor for a period of seven (7) years from the date of final payment under the Prime Contract and by the Subcontractor for a period of seven (7) years from the date of final payment under the Subcontract. ARTICLE 5: SUBCONTRACTORS 5.1 SUBCONTRACTING REQUIREMENTS All contracts for the construction, reconstruction, alteration or repair of any public building (not a road, street or highway) shall be subject to the following provisions: 1. A contract shall be awarded only to a Bidder whose Bid is accompanied by a statement containing, for each Subcontractor category, the name and address (city or town and State only street number and P.O. Box addresses not required) of the subcontractor whose services the Bidder intends to use in performing the Work and providing the material for such Subcontractor category. 2. A Bid will not be accepted nor will an award of any Contract be made to any Bidder which, as the Prime Contractor, has listed itself as the Subcontractor for any Subcontractor unless: A. It has been established to the satisfaction of the awarding Agency that the Bidder has customarily performed the specialty work of such Subcontractor category by artisans regularly employed by the Bidder s firm; GENERAL REQUIREMENTS 5

29 B. That the Bidder is duly licensed by the State to engage in such specialty work, if the State requires licenses; and C. That the Bidder is recognized in the industry as a bona fide Subcontractor or Contractor in such specialty work and Subcontractor category The decision of the awarding Agency as to whether a Bidder who list itself as the Subcontractor for a Subcontractor category shall be final and binding upon all Bidders, and no action of any nature shall lie against any awarding agency or its employees or officers because of its decision in this regard After such a Contract has been awarded, the successful Bidder shall not substitute another Subcontractor for any Subcontractor whose name was set forth in the statement which accompanied the Bid without the written consent of the awarding Agency No Agency shall consent to any substitution of Subcontractors unless the Agency is satisfied that the Subcontractor whose name is on the Bidders accompanying statement: A. Is unqualified to perform the work required; B. Has failed to execute a timely reasonable Subcontract; C. Has defaulted in the performance on the portion of the work covered by the Subcontract; or D. Is no longer engaged in such business Should a Bidder be awarded a contract, such successful Bidder shall provide to the agency the taxpayer identification license numbers of such subcontractors. Such numbers shall be provided on the later of the date on which such subcontractor is required to be identified or the time the contract is executed. The successful Bidder shall provide to the agency to which it is contracting, within 30 days of entering into such public works contract, copies of all Delaware Business licenses of subcontractors and/or independent contractors that will perform work for such public works contract. However, if a subcontractor or independent contractor is hired or contracted more than 20 days after the Bidder entered the public works contract the Delaware Business license of such subcontractor or independent contractor shall be provided to the agency within 10 days of being contracted or hired. 5.2 PENALTY FOR SUBSTITUTION OF SUBCONTRACTORS Should the Contractor fail to utilize any or all of the Subcontractors in the Contractor s Bid statement in the performance of the Work on the public bidding, the Contractor shall be penalized in the amount of (project specific amount*). The Agency may determine to deduct payments of the penalty from the Contractor or have the amount paid directly to the Agency. Any penalty amount assessed against the Contractor may be remitted or refunded, in whole or in part, by the Agency awarding the Contract, only if it is established to the satisfaction of the Agency that the Subcontractor in question has defaulted or is no longer engaged in such business. No claim for the remission or refund of any penalty shall be granted unless an application is filed within one year after the liability of the successful Bidder accrues. All GENERAL REQUIREMENTS 6

30 penalty amounts assessed and not refunded or remitted to the contractor shall be reverted to the State. *one (1) percent of contract amount not to exceed $10, STANDARDS OF CONSTRUCTION FOR THE PROTECTION OF THE PHYSICALLY HANDICAPPED All Contracts shall conform with the standard established by the Delaware Architectural Accessibility Board unless otherwise exempted by the Board. 5.5 CONTRACT PERFORMANCE Any firm entering into a Public Works Contract that neglects or refuses to perform or fails to comply with its terms, the Agency may terminate the Contract and proceed to award a new Contract or may require the Surety on the Performance Bond to complete the Contract in accordance with the terms of the Performance Bond. ARTICLE 6: CONSTRUCTION BY OWNER OR SEPARATE CONTRACTORS 6.1 The Owner reserves the right to simultaneously perform other construction or operations related to the Project with the Owner's own forces, and to award separate contracts in connection with other portions of the Project or other Projects at the same site. 6.2 The Contractor shall afford the Owner and other Contractors reasonable opportunity for access and storage of materials and equipment, and for the performance of their activities, and shall connect and coordinate their activities with other forces as required by the Contract Documents. ARTICLE 7: CHANGES IN THE WORK 7.1 The Owner, without invalidating the Contract, may order changes in the Work consisting of Additions, Deletions, Modifications or Substitutions, with the Contract Sum and Contract completion date being adjusted accordingly. Such changes in the Work shall be authorized by written Change Order signed by the Professional, as the duly authorized agent, the Contractor and the Owner. 7.2 The Contract Sum and Contract Completion Date shall be adjusted only by a fully executed Change Order. 7.3 The additional cost, or credit to the Owner resulting from a change in the Work shall be by mutual agreement of the Owner, Contractor and the Architect. In all cases, this cost or credit shall be based on the DPE wages required and the invoice price of the materials/equipment needed DPE shall be defined to mean direct personnel expense. Direct payroll expense includes direct salary plus customary fringe benefits (prevailing wage rates) and documented statutory costs such as workman s compensation insurance, Social Security/Medicare, and unemployment insurance (a maximum multiplier of 1.35 times DPE) Invoice price of materials/equipment shall be defined to mean the actual cost of materials and/or equipment that is paid by the Contractor, (or subcontractor), to a material distributor, GENERAL REQUIREMENTS 7

31 direct factory vendor, store, material provider, or equipment leasing entity. Rates for equipment that is leased and/or owned by the Contractor or subcontractor(s) shall not exceed those listed in the latest version of the Means Building Construction Cost Data publication In addition to the above, the General Contractor is allowed a fifteen percent (15%) markup for overhead and profit for additional work performed by the General Contractor s own forces. For additional subcontractor work, the Subcontractor is allowed a fifteen (15) percent overhead and profit on change order work above and beyond the direct costs stated previously. To this amount, the General Contractor will be allowed a mark-up not exceeding seven and one half percent (7.5%) on the subcontractors work. These mark-ups shall include all costs including, but not limited to: overhead, profit, bonds, insurance, supervision, etc. No markup is permitted on the work of the subcontractors subcontractor. No additional costs shall be allowed for changes related to the Contractor s onsite superintendent/staff, or project manager, unless a change in the work changes the project duration and is identified by the CPM schedule. There will be no other costs associated with the change order. ARTICLE 8: TIME 8.1 Time limits, if any, are as stated in the Project Manual. By executing the Agreement, the Contractor confirms that the stipulated limits are reasonable, and that the Work will be completed within the anticipated time frame. 8.2 If progress of the Work is delayed at any time by changes ordered by the Owner, by labor disputes, fire, unusual delay in deliveries, abnormal adverse weather conditions, unavoidable casualties or other causes beyond the Contractor's control, the Contract Time shall be extended for such reasonable time as the Owner may determine. 8.3 Any extension of time beyond the date fixed for completion of the construction and acceptance of any part of the Work called for by the Contract, or the occupancy of the building by the Owner, in whole or in part, previous to the completion shall not be deemed a waiver by the Owner of his right to annul or terminate the Contract for abandonment or delay in the matter provided for, nor relieve the Contractor of full responsibility. 8.4 SUSPENSION AND DEBARMENT Per Section 6962(d)(14), Title 29, Delaware Code, Any Contractor who fails to perform a public works contract or complete a public works project within the time schedule established by the Agency in the Invitation To Bid, may be subject to Suspension or Debarment for one or more of the following reasons: a) failure to supply the adequate labor supply ratio for the project; b) inadequate financial resources; or, c) poor performance on the Project Upon such failure for any of the above stated reasons, the Agency that contracted for the public works project may petition the Director of the Office of Management and Budget for Suspension or Debarment of the Contractor. The Agency shall send a copy of the petition to the Contractor within three (3) working days of filing with the Director. If the Director concludes that the petition has merit, the Director shall schedule and hold a hearing to determine whether to suspend the Contractor, debar the Contractor or deny the petition. The Agency shall have the burden of proving, by a preponderance of the evidence, that the Contractor failed to perform or complete the public works project within the time schedule established by the Agency and failed to do so for one or more of the following reasons: a) failure to supply the adequate labor supply ratio for the project; b) inadequate GENERAL REQUIREMENTS 8