OLD MILL BRIDGE ROAD PATHWAY, PHASE II

STATE OF DELAWARE
DEPARTMENT OF TRANSPORTATION
/
BID PROPOSAL
CONTRACT T202401304
OLD MILL BRIDGE ROAD PATHWAY, PHASE II
Federal Aid No. ESTP-2026(04)
CFDA: 20.205
Advertisement Date: May 18, 2026
INCLUDED IN THIS DOCUMENT: ADDITIONAL BID PROPOSAL ITEMS:
BID PROPOSAL: ATTACHED OR POSTED DOCUMENTS:
GENERAL DESCRIPTION PROJECT PLANS
PROSPECTIVE BIDDERS NOTES QUESTIONS & ANSWERS (if posted)
PREVAILING WAGES
GENERAL NOTICES
BIDDERS LIST
SPECIAL PROVISIONS
STATEMENTS
PAPER BIDDERS CONTACT DELDOT
QUANTITY SHEET SUMMARY
FOR BID SUBMITTAL DOCUMENTS:
DRUG TESTING AFFIDAVIT
CERTIFICATION FORM
BID BOND FORM
CD FOR BID PRICE ENTRY & PRINTING
BIDDERS LIST
This Bid Proposal and related documents can be viewed on bids.delaware.gov and bidx.com/de/
Internet Bids for Bidders with Bid Express(R) 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, JUNE 16, 2026
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Contract No. T202401304
Old Mill Bridge Road Pathway, Phase II Federal Aid Project No. ESTP-2026(04)
GENERAL DESCRIPTION
A. BIDS DUE: JUNE 16, 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(R) accounts can submit bids at bidx.com/de/.
OR:
(b) Paper Bid Delivered To: Delaware Department of Transportation (DelDOT), Administration Building
North Entrance, Bidders Room, 800 Bay Road, Dover, DE 19901
For paper bids, contact DelDOT at dot-ask@delaware.gov or (302) 760-2031 to request a CD for bidding, required
forms, and instructions. Bidders enter their Bid Item prices onto the supplied CD then print the form and deliver
in a sealed envelope; the Bid Form, completed CD, and required documents prior to the Bid due date and time.
(CD's cannot be used to submit bids to bidx.com)
Do not submit both Internet and Paper Bids. If so, the Internet bid and documents will be rejected.
BID OPENING: Bids will be publicly opened and read aloud at the Date and Time of the Bid Opening. The Bid
Opening will be held at the 'Paper Bid Delivered To' address shown above. Bidder bears the risk
of late delivery, bids received after the stated time will be returned unopened.
Attendance is not required. DelDOT offers a call-in number to hear the Bid Opening telephonically.
The telephone number to call is (302) 504-8986.
When prompted, enter Meeting number (access code): 651 529 280#
It is anticipated the telephone access information will remain the same for all Bid Openings.
B. PRE-BID MEETING: No
C. DBE GOAL: 0% Disadvantaged Business Enterprise Goal.
Pursuant to the Interim Final Rule ("IFR") issued by the United States Department of Transportation ("U.S. DOT") on
September 30, 2025, this letting does not have a DBE participation goal as all DelDOT DBEs were decertified by the
IFR. DelDOT is undertaking the recertification process for DBEs pursuant to the IFR requirements. As DelDOT
currently has no certified DBEs, it is not feasible to impose or enforce a DBE participation goal for this letting. Upon
completion of DelDOT's DBE recertification process, or upon any modification of the IFR, whether through
amendment, clarification, or judicial action, DelDOT reserves the right to revise or reestablish a DBE participation goal
for this letting as may be directed by the U.S. DOT and in accordance with applicable federal regulations.
D. OJT TRAINEES: n/a
E. LOCATION: Sussex County
These improvements are more specifically shown on the Location Map(s) of the attached Plans.
F. DESCRIPTION: The improvements consist of furnishing all labor and materials for this project which will include the
design of a 5-foot sidewalk along Old Mill Bridge Road from Water Run to Herring Way. Follow other incidental
construction in accordance with the location, notes and details shown on the plans, and as directed by the Engineer.
G. BUY AMERICA REQUIREMENTS APPLY - Build America, Buy America Act, refer to 'GENERAL NOTICES'.
H. COMPLETION TIME: All work on this contract must be complete within 81 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 September 1, 2026.
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I. SPECIFICATIONS FOR ROAD AND BRIDGE CONSTRUCTION, DELAWARE DEPARTMENT OF
TRANSPORTATION, JANUARY 2025 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.
J. ATTACHMENTS: Included as part of this Bid Proposal are; Project Plans; Questions & Answers (if posted);
Addenda, Referenced Documents, Documents Posted with this Bid Proposal; and Bid documents mailed to contractors.
K. ADDENDA: All Addenda are posted on the internet at bids.delaware.gov, and bidx.com/de/ and are included as part
of the Bid Proposal. The Bidder is responsible to check the Website as needed to ensure that the Bidder is aware of
Addenda that are included in the Bid Proposal. If Addenda are issued, the final Addendum will be posted no later than
the end of the day two business days prior to the bid date. Each Addendum number and issue date must be entered on
the submitted Certification Form. This original Bid Proposal will not be updated, you must refer to each Addendum.
L. QUESTIONS: E-MAIL TO; dot-ask@delaware.gov
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.
M. 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.
N. 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.
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4. DRUG TESTING - Regulation 4104; The state Office of Management and Budget has developed regulations that
require Contractors and Subcontractors to implement a program of mandatory drug testing for Employees who work on
Large Public Works Contracts funded all or in part with public funds pursuant to 29 Del.C. 6908(a)(6). Refer to the
full requirements at the following link:
https://regulations.delaware.gov/AdminCode/title19/4000/4100/4104.shtml#TopOfPage
Note a few of the requirements;
* At bid submission - Each bidder must submit with the bid a single signed affidavit certifying that the bidder and
its subcontractors has in place or will implement during the entire term of the contract a Mandatory Drug Testing
Program that complies with the regulation (a blank affidavit form is attached);
* At least two business days prior to contract execution - The awarded Contractor shall provide to DelDOT copies
of the Employee Drug Testing Program for the Contractor, each participating DBE firm, and all other listed
Subcontractors;
* Subcontractors - Contractors that employ Subcontractors on the job site may do so only after submitting a copy
of the Subcontractor's Employee Drug Testing Program along with the standard required subcontractor
information. A Subcontractor shall not commence work until DelDOT has approved the program in writing.
5. PERFORMANCE-BASED RATING SYSTEM - 29 Del.C. 6962 (c)(12)(a) requires DelDOT to include a
performance-based rating system for contractors. The Performance Rating for each Contractor shall be used as a
prequalification to bid at the time of bid. Refer to 'General Notices' for details.
6. NO RETAINAGE will be withheld on this contract unless through the Performance-Based Rating System.
7. EXTERNAL COMPLAINT PROCEDURE can be viewed on DelDOT's Website, Contractor Compliance/EEO -
Delaware Department of Transportation calling (302) 760-2035
REVISED
8. DBE PROGRAM REQUIREMENTS As a result of the Issuance of the IFR on September 30, 2025, all of DelDOT
DBEs were decertified. DelDOT is undertaking the recertification process for DBEs pursuant to the IFR requirements.
As DelDOT currently has no certified DBEs, it is not feasible to require the submission of a DelDOT DBE Project
Participation Affidavit for this letting. Companies bidding on this letting are NOT required to submit a DBE Project
Participation Affidavit with their bid. Once DelDOT has recertified DBEs using the IFR requirements, this
requirement will be reinstated.
REVISED
9. DelDOT CERTIFIED DBE UTILIZATION COMMITMENT STATEMENT As a result of the Issuance
of the IFR on September 30, 2025, all DelDOT DBEs were decertified. DelDOT is undertaking the
recertification process for DBEs pursuant to the IFR requirements. As DelDOT currently has no certified
DBEs, it is not feasible to require the submission of a DelDOT Certified DBE Utilization Commitment
Statement for this letting. Companies bidding on this letting are NOT required to submit a DelDOT Certified
DBE Utilization Commitment Statement with their bid. Once DelDOT has recertified DBEs using the IFR
requirements, this requirement will be reinstated.
10. FLATWORK CONCRETE TECHNICIAN CERTIFICATION TRAINING:
Section 501.3, 503.3, 505.3, 610.3, 701.3 and 702.3 of the 2025 Standard Specifications require contractors to provide
an American Concrete Institute (ACI) or National Ready-Mix Concrete Association (NRMCA) certified concrete
flatwork technician to supervise all finishing of flatwork concrete.
11. NOTE that FHWA Form 1273 (attached) has been modified effective October 23, 2023. Changes are reviewed here.
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12. 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.
REVISED
13. Bidders List Requirement:
Under 49 CFR 26.11, DelDOT must collect bidders list information from ALL contractors and subcontractors who
seek to work on federally assisted contracts. The submitted information must be complete and must include the
required information for the prime and all (DBE and non-DBE) subcontractors, service providers, manufacturers,
distributors, and suppliers.
ALL bidders must complete the Bidders List Form (attached as an exhibit) and submit it at the time of bid.
Late submission of this information will not be accepted. Submitted information must include the following for
those being proposed to work on the contract if awarded:
Firm name;
Firm address including ZIP code;
Firm's status as a DBE or non-DBE (SEE NOTE BELOW effective 10-1-2025);
NAICS code applicable to each scope of work the firm sought to perform in its bid;
Age of the firm; and
The annual gross receipts of the firm shown as an approximate range (i.e., $1-3 million)
This information will be maintained as confidential to the extent allowable by federal and state law.
NOTE: Based upon the IFR issued September 30, 2025, all DelDOT certified DBEs have been decertified. As such,
for this letting, bidders should NOT identify in the bidders list whether a proposed contractor or subcontractor is a
DBE as no companies have currently been certified as a DBE under the new IFR requirements. That block should be
left blank. Bidders will be advised once DBE's have been re-certified pursuant to the requirements of the IFR at which
time bidders will be required to provide this information.
Additionally, pursuant to the IFR, and the guidance letter issued by U.S. DOT on September 30, 2025, DelDOT has
been directed not to use race or sex as presumptions for consideration of a company as a DBE. As such, bidders should
NOT identify in the bidders list a proposed contractor or subcontractor's sex or race. Those blocks should be left
blank. DelDOT anticipates providing a revised Bidders List Form in the near future, which contains only those sections
required by the IFR.
Failure to submit the required bidders list documentation at the time bid will result in the bidder being deemed
non-responsive and therefore ineligible for award of the contract.
14. PREVAILING WAGE RATES are posted and part of this Bid Proposal.
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GENERAL NOTICES
CONTRACTOR REGISTRATION ACT
On July 1, 2021, the Contractor Registration Act, as codified in 19 Del.C. 3601 et seq, took effect. This law requires all
contractors to register with the Delaware Department of Labor before performing construction services or maintenance. The
Contractor Registration Act applies to all contractors that engage in construction and maintenance within the State of
Delaware. Additionally, it requires contractors to have Delaware workers' compensation insurance where required,
compliance with labor laws, and proof of a state business license. The Delaware Department of Labor's Office of Contractor
Registration is responsible for enforcement of the requirements of the Contractor Registration Act. If you have any questions
about the contractor registration process, please call 302-430-7739 or email Contract.Registry@delaware.gov. Registration
at https://onestop.delaware.gov/.
BUY AMERICA REQUIREMENT REVISED
The Build America, Buy America Act (BABA), enacted as part of the Bipartisan Infrastructure Law (BIL) requires iron,
steel, manufactured products, and construction materials used in infrastructure projects funded by Federal financial
assistance to be produced in the United States (U.S.).
In accordance with 23 U.S.C. 313 and 23 CFR 635.410, all iron and steel materials permanently incorporated into this
project will be produced in the U.S. and all manufacturing processes involving these materials will occur in the U.S., except
that a minimal amount of foreign steel or iron materials may be used, provided the cost of the foreign materials does not
exceed 0.1 percent of the total Contract cost or $2,500.00, whichever is greater. If such minimal amount of foreign steel is
used, the Contractor shall maintain a record of the costs to ensure that the allowable limit is not exceeded.
In accordance with 23 CFR 635.410, the final manufacturing process of all manufactured products that will be permanently
incorporated into this project will be performed in the U.S. Iron or steel components of precast concrete products and
cabinets or enclosures of any intelligent transportation systems and other electronic hardware systems classified as a
manufactured product which is permanently incorporated into this project will be produced in the U.S. and all manufacturing
processes involving the iron and steel will occur in the U.S., except that a minimal amount of foreign steel or iron materials
may be used, provided the cost of the foreign materials does not exceed 0.1 percent of the total Contract cost or $2,500.00,
whichever is greater. If such minimal amount of foreign steel is used, the Contractor shall maintain a record of the costs to
ensure that the allowable limit is not exceeded.
In accordance with 2 CFR 184, all non-ferrous metals, plastic and polymer-based products, glass, fiber optic cable, optical
fiber, lumber, drywall, and engineered wood construction material permanently incorporated into this project will be
produced in the U.S.
DelDOT maintains a list of all pay items, the applicable BABA category designation, and additional guidance at the
following address: https://deldot.gov/Business/prodlists/index.shtml?dc=buyAmerica.
By signing and submitting this proposal, the bidder certifies that:
"All materials that will be permanently incorporated into this project will meet the Buy America material requirements.
At the Department's request, I/we will provide manufacturer's/supplier's documentation verifying domestic origin as
defined in the Contract. All Materials accepted on the basis of such Certificate of Compliance may be sampled by the
Department and tested at any time. Use of Material on the basis of Certificate of Compliance shall not relieve the
Contractor of responsibility for incorporating Material in the Project conforming to the requirements of the Contract.
Any Material not conforming to such requirements will be subject to rejection whether in place or not. The Department
reserves the right to refuse to permit the use of Material on the basis of Certificate of Compliance."
SPECIFICATIONS :
The Delaware specifications entitled "Standard Specifications for Road and Bridge Construction January, 2025", with the
applicable version defined in the 'GENERAL DESCRIPTION' and hereinafter referred to as the Standard Specifications;
shall govern the work to be performed under this contract. The Contractor shall make itself aware of these specifications,
revisions and corrections, and apply them to the applicable item(s) of this contract.
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CLARIFICATIONS :
Under any Section or Item included in the Contract, the Contractor shall be aware that when requirements, responsibilities,
and furnishing of materials are outlined in the details and notes on the Plans and in the paragraphs preceding the " Basis of
Payment" paragraph in the Standard Specifications or Special Provisions, no interpretation shall be made that such
stipulations are excluded because reiteration is not made in the "Basis of Payment" paragraph.
DelDOT requires the use of various electronic applications for various documentation processes.
These processes will be identified, and the Contractor's required use will be detailed during the Preconstruction Meeting.
No additional payments will be made to the contractor to use or interface with the applications.
ATTESTING TO NON-COLLUSION :
DelDOT requires as a condition precedent to acceptance of bids a sworn statement executed by, or on behalf of, the person,
firm, association, or corporation to whom such contract is to be awarded, certifying that such person, firm, association, or
corporation has not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise
taken any action in restraint of free competitive bidding in connection with such contract. The form for this sworn statement
is included in the proposal and must be properly executed in order to have the bid considered.
QUANTITIES :
The quantities shown are for comparison of bids only. DelDOT may increase or decrease any quantity or quantities without
penalty or change in the bid price.
PERFORMANCE-BASED RATING SYSTEM
29 Del.C. 6962 (c)(12)(a) requires a DelDOT project, excluding a municipal street aid contract, to include a performance-
based rating system. At the time of bid, the Performance Rating for each Contractor shall be used as a prequalification to
bid.
Bidders with Performance Rating scores equal to or greater than 85% shall be permitted to bid. Bidders with scores of less
than 85% who comply with the retainage requirements of 29 Del.C. 6962 shall be permitted to bid provided the Agreement
to Accept Retainage (located on the Certification Page) is executed and submitted with the bid. Lack of an executed
Agreement to Accept Retainage will result in the rejection of the bid by DelDOT. Successful bidders awarded DelDOT
contracts who have no performance history within the last five (5) years will be assigned a provisional Performance Rating
of 85% at the date of advertisement.
Notification of Performance Rating. DelDOT shall post publicly the Performance Rating for all Contractors on DelDOT's
website. DelDOT will complete performance-based evaluations on the construction company contracted by DelDOT to
build the project (the "Contractor"). Provisions to appeal Performance Ratings are described in the regulations. The
regulations are set forth in Section 2408 of Title 2, Delaware Administrative Code, found here.
EQUALITY OF EMPLOYMENT OPPORTUNITY ON PUBLIC WORKS :
Delaware Code, Title 29, Chapter 69, Section 6962, Paragraph (d), Subsection (7) states;
a. As a condition of the awarding of any contract for public works financed in whole or in part by State appropriation,
such contracts shall include the following provisions:
During the performance of this contract, the contractor agrees as follows:
1. The contractor will not discriminate against any employee or applicant for employment because of race, creed,
color, sex, sexual orientation, gender identity or national origin. The contractor will take positive steps to ensure
that applicants are employed and that employees are treated during employment without regard to their race,
creed, color, sex, sexual orientation, gender identity or national origin. Such action shall include, but not be limited
to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or
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termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The
contractor agrees to post in conspicuous places available to employees and applicants for employment notices to
be provided by the contracting agency setting forth this nondiscrimination clause.
2. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor,
state that all qualified applicants will receive consideration for employment without regard to race, creed, color,
sex, sexual orientation, gender identity or national origin.
3. The contractor will ensure employees receive equal pay for equal work, without regard to sex. Employee pay
differential is acceptable if pursuant to a seniority system, a merit system, a system which measures earnings by
quantity or quality of production, or if the differential is based on any other factor other than sex.
TAX CLEARANCE :
As payments to each vendor or contractor aggregate $2,000, the Division of Accounting will report such vendor or contractor
to the Division of Revenue, who will then check the vendor or contractor's compliance with tax requirements and take such
further action as may be necessary to ensure compliance.
LICENSE :
A person desiring to engage in business in this State as a contractor on a project designated to include federal funds, shall
obtain a Delaware business license upon making application to the Division of Revenue. Proof of said license compliance
to be made prior to, or in conjunction with, the execution of a contract to which he has been named.
SUBCONTRACTOR LICENSE: 29 DEL. C. 6967:
(c) Any contractor that enters a public works contract must provide to the agency to which it is contracting, within 30
days of entering such public works contract, copies of all occupational and business licenses of subcontractors and/or
independent contractors that will perform work for such public works contract. However, if a subcontractor or
independent contractor is hired or contracted more than 20 days after the contractor entered the public works contract
the occupational or business license of such subcontractor or independent contractor shall be provided to the agency
within 10 days of being contracted or hired.
DIFFERING SITE CONDITIONS:
SUSPENSIONS OF WORK and SIGNIFICANT CHANGES IN THE CHARACTER OF WORK:
Differing site conditions: During the progress of the work, if subsurface or latent physical conditions are encountered at the
site differing materially from those indicated in the contract or if unknown physical conditions of an unusual nature, differing
materially from those ordinarily encountered and generally recognized as inherent in the work provided for in the contract
are encountered at the site, the party discovering such conditions shall promptly notify the other party in writing of the
specific differing conditions before they are disturbed and before the affected work is performed.
Upon written notification, the engineer will investigate the conditions, and if he/she determines that the conditions materially
differ and cause an increase or decrease in the cost or time required for the performance of any work under the contract, an
adjustment, excluding loss of anticipated profits, will be made and the contract modified in writing accordingly. The
engineer will notify the contractor of his/her determination whether or not an adjustment of the contract is warranted.
No contract adjustment which results in a benefit to the contractor will be allowed unless the contractor has provided the
required written notice. No contract adjustment will be allowed under their clause for any effects caused on unchanged
work.
Suspensions of work ordered by the engineer: If the performance of all or any portion of the work is suspended or delayed
by the engineer in writing for an unreasonable period of time (not originally anticipated, customary or inherent to the
construction industry) and the contractor believes that additional compensation and/or contract time is due as a result of
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such suspension or delay, the contractor shall submit to the engineer in writing a request for adjustment within 7 calendar
days of receipt of the notice to resume work. The request shall set forth the reasons and support for such adjustment.
Upon receipt, the engineer will evaluate the contractor's request. If the engineer agrees that the cost and/or time required
for the performance of the contract has increased as a result of such suspension and the suspension was caused by conditions
beyond the control of and not the fault of the contractor, its suppliers, or subcontractors at any approved tier, and not caused
by weather, the engineer will make an adjustment (excluding profit) and modify the contract in writing accordingly. The
engineer will notify the contractor of his/her determination whether or not an adjustment of the contract is warranted.
No contract adjustment will be allowed unless the contractor has submitted the request for adjustment within the time
prescribed. No contract adjustment will be allowed under this clause to the extent that performance would have been
suspended or delayed by any other cause, or for which an adjustment is provided for or excluded under any other term or
condition of this contract.
Significant changes in the character of work: The engineer reserves the right to make, in writing, at any time during the
work, such changes in quantities and such alterations in the work as are necessary to satisfactorily complete the project.
Such changes in quantities and alterations shall not invalidate the contract nor release the surety, and the contractor agrees
to perform the work as altered.
If the alterations or changes in quantities significantly change the character of the work under the contract, whether or not
changed by any such different quantities or alterations, an adjustment, excluding loss of anticipated profits, will be made to
the contract. The basis for the adjustment shall be agreed upon prior to the performance of the work. If a basis cannot be
agreed upon, then an adjustment will be made either for or against the contractor in such amount as the engineer may
determine to be fair and equitable.
The term "significant change" shall be construed to apply only to the following circumstances:
(A) When the character of the work as altered differs materially in kind or nature from that involved or included in the
original proposed construction, or
(B) When a major item of work, as defined elsewhere in the contract, is increased in excess of 125 percent or decreased
below 75 percent of the original contract quantity. Any allowance for an increase in quantity shall apply only to
that portion in excess of 125 percent of original contract item quantity, or in case of a decrease below 75 percent,
to the actual amount of work performed.
CONFLICT WITH FEDERAL STATUTES OR REGULATIONS:
Delaware Code, Title 29, Chapter 69, Section 6904, Paragraph (a):
"If any provision of this subchapter conflicts or is inconsistent with any statute, rule or regulation of the federal
government applicable to a project or activity, the cost of which is to be paid or reimbursed in whole or in part by the
federal government, and due to such conflict or inconsistency the availability of federal funds may be jeopardized, such
provision shall not apply to such project or activity."
FEDERAL LABOR AND EMPLOYMENT REQUIREMENTS
Federal Regulation 23 CFR 635.117(b) Labor and employment, states:
"No procedures or requirement shall be imposed by any State which will operate to discriminate against the employment
of labor from any other State, possession or territory of the United States, in the construction of a Federal-aid project."
CONVICT PRODUCED MATERIALS:
(a) Materials produced after July 1, 1991, by convict labor may only be incorporated in a Federal-aid highway
construction project if such materials have been:
(1) Produced by convicts who are on parole, supervised release, or probation from a prison or
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(2) Produced in a qualified prison facility and the cumulative annual production amount of such materials for use in
Federal-aid highway construction does not exceed the amount of such materials produced in such facility for use
in Federal-aid highway construction during the 12-month period ending July 1, 1987.
(b) Qualified prison facility means any prison facility in which convicts, during the 12-month period ending July 1, 1987,
produced materials for use in Federal-aid highway construction projects.
RIGHT TO AUDIT
DelDOT shall have the right to audit the books and records of the contractor or any subcontractor under this contract or
subcontract to the extent that the books and records relate to the performance of the contract or subcontract. The books and
records shall be maintained by the contractor for a period of 3 years from the date of final payment under the prime contract
and by the subcontractor for a period of 3 years from the date of final payment under the subcontract (29 Del.C. 6930)
TO REPORT BID RIGGING ACTIVITIES:
The U. S. Department of Transportation (DOT) operates the below toll-free "hotline" Monday through Friday, 8:00 a.m. to
5:00 p.m. eastern time. Anyone with knowledge of possible bid rigging, bidder collusion, or other fraudulent activities
should use the "hotline" to report such activities.
The "hotline" is part of the DOT's continuing effort to identify and investigate highway construction contract fraud and
abuse and is operated under the direction of the DOT Inspector General. All information will be treated confidentially and
caller anonymity will be respected.
TO REPORT BID RIGGING ACTIVITIES
CALL 1-800-424-9071
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