CITY OF WILMINGTON, NC

BID INVITATION

BIDS ARE DUE: JULY 21, 2026 at 3:00 PM

NO PRE-BID MEETING:

PROJECT NAME: GREENFIELD PARK IMPROVEMENTS

PROJECT NUMBER: 5TRST25014

CONTRACT NUMBER: GFP-IH-0726

PROJECT MANAGER: DOUG LEWIS (910) 341-0071

SUBMIT BIDS TO: PURCHASING MANAGER

PO BOX 1810

929 N FRONT ST., 10TH FLOOR

WILMINGTON, NC 28401

(910) 341-7830

BIDDERS NAME:

ADDRESS:

TELEPHONE:

EMAIL:

BONDS HAVE BEEN WAIVED FOR THIS PROJECT

TABLE OF CONTENTS

ADVERTISEMENT

BIDDER’S CHECKLIST

SPECIAL NOTICE TO ALL BIDDERS

AFFIDAVIT AND CERTIFICATION OF NON-COLLUSION

GENERAL PROVISIONS PAGE G-1 – G-21

CONTRACT PAGE C-1 – C-11

PROPOSAL PAGE P-1 – P-4

SPECIFICATIONS

ADVERTISEMENT FOR BIDS

CITY OF WILMINGTON, NC

GREENFIELD PARK IMPROVEMENTS

CONTRACT NUMBER: GFP-IH-0726

Pursuant to North Carolina General Statute 143-129, sealed proposals addressed to the Purchasing Manager, PO Box 1810, 929 N Front Street, 10th Floor, Wilmington, NC 28402, and marked “GREENFIELD PARK IMPROVEMENTS’’ will be received until 3:00 p.m., Tuesday, July 21, 2026 at which time they will be publicly opened and read at the Purchasing Division, 929 N Front Street, 10th Floor, Wilmington, NC. The City will receive SINGLE PRIME BIDS ONLY for this project.

Project Description: Remove, replace and repair designated sections of asphalt trail on the Greenfield Park trail for recreational use.

All firms submitting bids for the proposed work must be properly licensed under Chapter 87, NC General Statutes. The bidder’s license number must appear on the outside of the envelope.

No Pre-Bid Conference will be held.

Plans, Specifications and Bid Documents can be requested by clicking the item. For assistance obtaining copies of the Plans, Specifications and Bid Documents please contact Kathy Bryant at kathy.bryant@wilmingtonnc.gov.

Potential subcontractors may secure a list of potential prime contractors from the City’s website, www.wilmingtonnc.gov.

The City of Wilmington does not discriminate of the basis of race, sex, color, age, national origin, religion or disability in its employment opportunities, programs, services, or activities.

Bids for this project shall be guaranteed by all bidders for a period of 90 calendar days following the bid opening.

THE CITY OF WILMINGTON RESERVES THE RIGHT TO REJECT ANY AND ALL BIDS.

Daryle L. Parker Purchasing Manager June 23, 2026 mailto:kathy.bryant@wilmingtonnc.gov

BIDDER’S CHECKLIST

1. READ AND UNDERSTAND ALL SPECIAL NOTICES.

2. SIGN AFFIDAVIT OF NON-COLLUSION A-1 AND A-2.

HAVE THIRD PARTY NOTARIZE PAGE A-3*

3. COMPLETE THE PROPOSAL SECTION AND SIGN.*

4. ALL ADDENDA ISSUED FOR THIS PROJECT HAVE BEEN SIGNED OR ACKNOWLEDGED ON

THE PROPOSAL PAGE.

5. BID ENVELOPE SEALED AND MARKED WITH THE BIDDERS NAME, LICENSE NUMBER,

PROJECT NAME AND NUMBER. NOTE: MULTIPLRIME AND SINGLE PRIME BIDS FROM THE

SAME BIDDER MUST BE IN SEPARATE CLEARLY MARKED ENVELOPES.

6. ENVELOPE ADDRESSED AND MARKED:

PURCHASING MANAGER

CITY OF WILMINGTON

PO BOX 1810

929 N. FRONT STREET, 10th FLOOR

WILMINGTON, NC 28402-1810

BID NAME: GREENFIELD PARK IMPROVEMENTS

7. THE BID MUST BE MAILED OR DELIVERED TO THE ABOVE ADDRESS SO THAT RECEIPT IS

PRIOR TO THE TIME AND DATE OF THE BID OPENING. BIDS RECEIVED AFTER THE

SPECIFIED TIME WILL NOT BE CONSIDERED. THE CITY OF WILMINGTON ASSUMES NO

RESPONSIBILITY FOR MAIL DELIVERY.

* Failure to complete these items and submit with the bid document may be cause for rejection of the Bid.

SPECIAL NOTICE TO ALL BIDDERS

1. Bid Rigging Affidavit

In accordance with the City of Wilmington's Bid Rigging and Conflict of Interest Ordinances, an Affidavit and Certificate of Non-Collusion and Non-Suspension is enclosed, Pages A-1, A-2 and A-3. The affidavit must be properly filled out, sealed and attested in order for your bid to be considered.

2. Subletting

Paragraph G-1.15, SUBLETTING OR ASSIGNMENT OF CONTRACT, of the City's General Specifications. All bidders must submit with their bid a listing of subcontractors contacted to submit proposals for this project. The listing must indicate the subcontractors to be used, the dollar amount of the proposed subcontract work, and type of work to be performed. If no subcontractors are to be utilized, this must be specified. This must be submitted at the time of the bid opening in order for the bid to be considered.

If subcontract firms are contacted but their proposals rejected for any reason the bidder must complete the justification form included in the bid document.

3. Bid Documents

The City reserves the right to waive any immaterial defects in the bid documents.

4. Federal Funding

This project may be funded in whole or in part with Federal funds and all bidders are advised to pay strict attention to the Federal requirements which may be attached. Bid packages which include Affirmative Action under Section 3 require that each bidder submit with his bid an Affirmative Action Plan. The City will not require bidders to submit their plan with the bid. However, it will be required and must be submitted by the lowest responsible bidder and approved by the City prior to beginning work.

Paragraph 4 applies only if Federal Regulations are included in the Bid Documents.

If you have any questions concerning these requirements, please contact my office.

Daryle L. Parker Purchasing Manager

Rev: 8/2015

A-1

STATE OF NORTH CAROLINA

COUNTY OF NEW HANOVER

AFFIDAVIT AND CERTIFICATE OF

NON-COLLUSION, NON-SUSPENSION AND NON-CONVICTION

The undersigned, being first duly sworn, deposes and says:

1. I understand that for the purposes of this affidavit, the term "bidder" shall include the person(s), firm(s), or corporation(s) signing this affidavit, the undersigned's subcontractor(s), subsidiary(ies) and affiliate(s) and any officer, director, employee or agent of the bidder; and the term "conviction" shall include guilty pleas, pleadings of nolo contendere and similar pleas.

2. This Affidavit and Certificate is made in accordance with Article 3 of Chapter 133 of the North Carolina General Statutes; I certify that this proposal is made without prior understanding, agreement, or connection with any person(s), firm(s), or corporation(s) making bids or proposals; I further certify that the bidder has not entered into any agreement with any other bidder or prospective bidder or with any other person(s), firm(s) or corporation(s) relating to the price named in said proposal, nor any agreement or arrangement under which any person(s), firm(s) or corporation(s) is to refrain from bidding, nor any agreement or arrangement for any act or omission in restraint of free competition among bidders;

I understand collusive bidding is a violation of state and federal law and can result in fines, prison sentences, and civil damage awards; and I further certify that the bidder will abide by all terms of this bid or proposal.

3. The bidder is not suspended or debarred from bidding by any federal or state governmental agency that is providing funds for this contract.

4. The bidder is not presently charged in an indictment or information with engaging in any conspiracy, combination, or other unlawful act in restraint of trade or any similar charges in any federal court or a court of this or any other state.

5. The bidder, within one year immediately preceding the date of this affidavit, has not been convicted of charges or engaging in any conspiracy, combination, or other unlawful act in restraint of trade or similar charges in any federal court or a court of this or any other state.

6. If, during the time of this proposal, from the date advertised to the date bids are opened, the bidder is indicted or convicted of bid-rigging, I understand this proposal shall be rejected and not considered for award.

7. I hereby affirm that all information contained in this affidavit is true, correct, accurate and complete, and any untrue, incorrect, inaccurate or incomplete statements will result in the disqualification and rejection of this proposal. I certify that I am authorized to sign this bid and to make the representations set forth herein on behalf of myself and the bidder.

A-2

This the ______ day of _________________, 2026.

COMPANY NAME _____________________________

BY: __________________________________________

(Owner, Partner, or Corporate President, Vice

President or Assistant Vice President only)

ATTEST:

(Secretary, Assistant Secretary, Cashier or Assistant Cashier only)

(CORPORATE SEAL)

A-3

(TO BE EXECUTED ON BEHALF OF THE CONTRACTOR)

STATE OF ___________________

COUNTY OF __________________

I, _____________________________________, a Notary Public, certify that (Name)

___________________________________________________________ personally came (Name of Secretary, Assist. Sec., Cashier, Assist. Cashier) before me this day and acknowledged that he (she) is ____________________________ (Secretary, Assist. Sec., _________________________ of ___________________________________________, a Cashier, Assist. Cashier) (Name of Corporation) corporation, and that by authority duly given and as the act of the corporation, the foregoing Affidavit was signed in its name by its ________________________________________________, (President, Vice President, Assist. Vice President) sealed with its corporate seal, and attest by himself (or herself) as its

(Secretary, Assist. Sec., Cashier, Assist. Cashier)

WITNESS my hand and official seal, this the ______ day of __________________, 2026

Notary Public

My Commission Expires: ________________________

(NOTARY SEAL)

G-1

GENERAL PROVISIONS

Section G

INSTRUCTION TO BIDDERS

SPECIAL NOTICE

G-1.01 The name of a certain brand, make, manufacturer, or definite specification is to denote the quality standard of the article desired, but does not restrict bidders to the specific brand, make, manufacturer, or specification named; it is to set forth and convey to the prospective bidders the general style, type, character, and quality of the article desired.

G-1.02 The award of each contract will be made to the lowest responsible bidder as soon as practicable;

provided, that in the selection of equipment or materials a contract may be awarded to a responsible bidder other than the lowest in the interest of standardization, or if ultimate economy is clearly evident.

If the project is being bid under the single and multiprime bidding methods, the CITY reserves the right to award the contract in whichever manner is in the best interest of the CITY taking into consideration the total cost of the project, including but not limited to contract administration and preparation costs.

The award of the contract represents a preliminary determination as to the qualifications of the bidder, the availability of funds for the project, and other matters precedent to the City's execution of the contract. No legally-binding acceptance of the offer set forth in the Contractor's bid occurs until the City executes the contract.

G-1.03 If any person contemplating submitting a bid for the proposed contract is in doubt as to the true meaning of any part of the plans, specifications, or other proposed contract documents, he may submit to the Engineer/Project Manager a written request for an interpretation thereof. The person submitting the request will be responsible for its prompt delivery. An interpretation of the proposed documents will be made only by addendum duly issued, and a copy of such addendum will be mailed or delivered to each person receiving a set of such documents. The City of Wilmington will not be responsible for any other explanations or interpretations of the proposed documents.

GENERAL SPECIFICATIONS

G-1.04 SEALED PROPOSALS REQUIRED: INSTRUCTIONS: In accordance with the attached copy of advertisement and the following specifications, proposals will be received by the City Council of the City of Wilmington, North Carolina, at 929 N Front Street, Purchasing Manager’s Office, on the date and time designated in the Advertisement, when they will publicly open and read the proposals properly submitted for Municipal Improvements in the City of Wilmington, North Carolina. Firms submitting single and multiprime bids must enclose these in separate sealed, clearly marked envelopes.

If bids are requested for single and multiprime contracts, bids will be received, but not opened, for the separate prime contracts one (1) hours prior to the deadline for submission of single prime bids. All bids will be opened at the time for receipt of the single prime bids.

G-1.04.1 Proposals must be placed in a sealed envelope and addressed to The Purchasing Manager, City of Wilmington, North Carolina. The envelope shall show the name and address of the bidder and be plainly marked to show the project name and number and section (if applicable), as given in the Advertisement. The envelope must also be marked on the face to

G-2 show the Contractor's North Carolina Contractor's License Number. Bid forms are contained in this bound copy of the Contract Documents, copies of the proposal pages may be submitted. All information entered on proposal forms must be original and in ink. Submission of the entire document is not required. However, bidders are cautioned to submit all required forms, as referenced in the bound document, properly signed with the sealed bid. Bid forms will be filled in and completed in all respects as required herein.

Firms submitting bids for Single and Multi-Prime bids on the same project must submit each bid to the Purchasing Manager in a separate, properly identified sealed envelope

Failure by the bidder to properly complete the Bid Proposal, Affidavit of Non-Collusion forms or other documents will be cause for declaring the bid non-responsive and cause for rejection.

G-1.04.2 Bid Bond: DELETED

G-1.04.3 No bid may be withdrawn for a period of ninety (90) days after being filed.

G-1.04.4 The work contemplated in these specifications, and the prices named in the proposals will be considered to include all cost of supplying, delivering, and all labor necessary for the incorporation of all materials into the work, and the use of all tools, machinery and equipment of every name and description that is used in carrying out the plans and specifications under this contract.

G-1.04.5 Bidders are cautioned to carefully examine the proposed location of work, as well as the plans and specifications, and to go over the whole project thoroughly with the Engineer/Project Manager before submitting their bids. It is understood and agreed that the quantities in the specifications, or as shown on the plans are approximate only, and no claim will be made against the City Council for any excess or deficiency, and no allowance will be made for the failure of the bidder to estimate correctly the difficulties attending the execution of the work.

G-1.04.6 Bidders are cautioned to adhere strictly to the spirit of the specifications in submitting their tenders, and it will be considered bad form to submit a proposal, expecting concessions after being awarded the contract by proposing the use of inferior materials and methods of construction for cheapening the work. The Engineer/Project Manager, Owner, or City desires to aid the Contractor in every legitimate way to carry on the work economically and expeditiously as set out in these specifications, and no alternate bids will be allowed unless requested in the proposal.

G-1.04.7 Where bids are received on Unit Prices, the City Council reserves the right, to authorize an increase of fifty percent (50%) of the amount of work set out in the proposal, or to decrease it to an extent equal to fifty percent (50%) of actual cost of the original work predicted on the unit prices given in the proposal. Such increase or decrease shall not vitiate or annul the contract agreement hereinafter entered into. In the event of a discrepancy in the unit prices and the extended prices the unit prices shall prevail.

G-1.04.8 The bidder shall be required to produce substantial evidence that he is properly qualified to carry on the work as set out in the specifications. The qualifications required of all bidders are as follows: Thorough knowledge and experience in work of this character; labor and equipment in such quantities and quality as to enable the Contractor to carry on the work economically and expeditiously; financial condition must be such as not to require aid from the City Council, other than the regular monthly estimates.

G-3

G-1.04.9 The City Council will not consider any bid or award of contract to any person, firm, or corporation, who has defaulted in any obligation to the City of Wilmington, or who, in the opinion of the Council, failed to perform his work satisfactorily as to character or time.

G-1.04.10 The City reserves the right to reject any and all bids, or to accept the bid, or bids on the entire project, or any section of the project, as given in the Proposal, which, in its opinion, is to the best interest of the City.

G-1.04.11 The Contractor's attention is especially called to the fact that he will be requested by the Council and will be expected to push this work with all speed possible.

G-1.05 CONTRACT SURETY OF PERFORMANCE BOND: DELETED

G-1.06 INSURANCE REQUIREMENTS: Before commencing any work, the Contractor shall procure insurance in the contractor’s name and maintain all insurance policies for the duration of the contract of the types and in the amounts listed in Section G. The insurance shall provide coverage against claims for injuries to persons or damages to property which may arise from operations or in connection with the performance of the work hereunder by the contractor, his agents, representatives, employees, or subcontractors, whether such operations by himself/herself or anyone directly or indirectly employed by him/her.

G-1.06.1 COMMERCIAL GENERAL LIABILITY: Contractor shall maintain Commercial General Liability (CGL) and if necessary, Commercial Umbrella Liability insurance with a total limit of not less than $1,000,000 each occurrence $2,000,000 aggregate for bodily injury and property damage. If such CGL insurance contains a general aggregate limit, it shall apply separately to this project/location or the general aggregate shall be twice the required limit. CGL insurance shall be written on Insurance Services Office (ISO) “occurrence” form CG 00 01 covering Commercial General Liability or its equivalent and shall cover the liability arising from premises, operations, independent contractors, products-completed operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract).

The City of Wilmington, its officers, officials, agents, and employees are to be covered as additional insureds under the CGL by endorsement CG 20 10 or CG 20 33 AND CG 20 37 or an endorsement providing equivalent coverage as respects to liability arising out of activities performed by or on behalf of the contractor; products and completed operations of the contractor;

premises owned, leased or used by the contractor; and under the commercial umbrella, if any.

The coverage shall contain no special limitations on the scope of protection afforded to the City of Wilmington, its officers, officials, agents, and employees.

There shall be no endorsement or modification of the CGL or Umbrella Liability limiting the scope of coverage for liability arising from explosion, collapse, underground property damage, or damage to the named insured’s work, when those exposures exist.

The contractor’s Commercial General Liability insurance shall be primary as respects the City of Wilmington, its officers, officials, agents, and employees. Any other insurance or self-insurance maintained by the City of Wilmington, its officers, officials, and employees shall be excess of and not contribute with the contractor’s insurance.

The insurer shall agree to waive all rights of subrogation against the City of Wilmington, its officers, officials, agents and employees for losses arising from work performed by the contractor for the City of Wilmington.

G-4

G-1.06.2 WORKERS’ COMPENSATION AND EMPLOYERS’ LIABILITY: Contractor shall maintain Workers’ Compensation as required by the general statutes of the State of North Carolina and Employer’s Liability Insurance. The Employer’s Liability, and if necessary, Commercial Umbrella Liability insurance shall not be less than $500,000 each accident for bodily injury by accident, $500,000 each employee for bodily injury by disease, and $500,000 policy limit.

The insurer shall agree to waive all rights of subrogation against the City of Wilmington, its officers, officials, agents and employees for losses arising from work performed by the contractor for the City of Wilmington.

The U.S. Longshore and Harborworkers Compensation Act endorsement shall be attached to the policy when the services will be on or in close proximity to navigable waterways. The Maritime Coverage endorsement (WC 00 02 01) shall be attached to the policy when the contracted services involve the use of watercraft.

G-1.06.3 BUSINESS AUTO LIABILITY: Contractor shall maintain Business Auto Liability and, if necessary, Commercial Umbrella Liability insurance with a limit of not less than $1,000,000 each accident. Such insurance shall cover liability arising out of any auto, including owned, hired, and non-owned autos. Business Auto coverage shall be written on ISO form CA 00 01, or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage equivalent to that provided in ISO form CA 00 01.

Pollution liability coverage equivalent to that provided under the ISO pollution liability-broadened coverage for covered autos endorsement (CA 99 48) shall be provided, and the Motor Carrier Act endorsement (MCS 90) shall be attached when those exposures exist.

Contractor waives all rights against the City of Wilmington, its officers, officials, agents and employees for recovery of damages to the extent these damage are covered by the business auto liability or commercial umbrella liability insurance obtained by Contractor pursuant to G-1.06.03 of this agreement.

The contractor’s Business Auto Liability insurance shall be primary as respects the City of Wilmington, its officers, officials, agents, and employees. Any other insurance or self-insurance maintained by the City of Wilmington, its officers, officials, and employees shall be excess of and not contribute with the contractor’s insurance.

G-1.06.4 OWNERS AND CONTRACTORS PROTECTIVE LIABILITY INSURANCE:

DELETED

G-1.06.5 BUILDERS RISK INSURANCE: DELETED

G1-1.06.6 DEDUCTIBLES AND SELF-INSURED RETENTIONS: The contractor shall be solely responsible for the payment of all deductibles to which such policies are subject, whether or not the City of Wilmington is an insured under the policy.

G1-1.06.7 MISCELLANEOUS INSURANCE PROVISIONS: The policies are to contain, or be endorsed to contain, the following provisions:

1. Each insurance policy required by this contract shall be endorsed to state that coverage shall not canceled by either party except after 30 days prior written notice has been given to the City of Wilmington, PO Box 1810, Wilmington, NC 28402-1810.

2. If Contractor’s liability policies do not contain the standard ISO separation of insureds provision, or a substantially similar clause, they shall be endorsed to provide cross-liability coverage.

G-5

G1-1.06.8 ACCEPTABILITY OF INSURERS: Insurance is to be placed with insurers licensed to do business in the State of North Carolina with an A.M. Best’s rating of no less than A VII unless specific approval has been granted by the City of Wilmington.

G1-1.06.9 EVIDENCE OF INSURANCE: The Contractor shall furnish the City of Wilmington with a certificate(s) of insurance, executed by a duly authorized representative of each insurer, showing compliance with the insurance requirements prior to commencing the work, and thereafter upon renewal or replacement of each certified coverage until all operations under this contract are deemed complete. Evidence of additional insured status shall be noted on the certificate of insurance as per requirements in Section G1-1.06. This Certificate shall be in six (6) counterparts and, when the contract is signed by the Contractor, a copy thereof shall be inserted in each copy of the contract documents and upon insertion shall become a part of such documents.

With respect to insurance maintained after final payment in compliance with requirements, an additional certificate(s) evidencing such coverage shall be provided to the City of Wilmington with final application for payment and thereafter upon renewal or replacement of such insurance until the expiration of the period for which such insurance must be maintained.

G1-1.06.10 SUBCONTRACTORS: Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated herein. Commercial General Liability coverage shall include independent contractors’ coverage, and the contractor shall be responsible for assuring that all subcontractors are properly insured.

G1-1.06.11 CONDITIONS:

1. The insurance required for this contract must be on forms acceptable to the City of

Wilmington.

2. The contractor shall provide that the insurance contributing to satisfaction of insurance requirements in Section I. Minimum Scope and Insurance Requirements shall not be canceled, terminated or modified by the contractor without prior written approval of the City of Wilmington.

3. The contractor shall promptly notify the Safety & Risk Manager at (910) 341-5864 of any accidents arising in the course of operations under the contract causing bodily injury or property damage.

4. The City of Wilmington reserves the right to obtain complete, certified copies of all required insurance policies, at any time.

5. Failure of the City of Wilmington to demand a certificate of insurance or other evidence of full compliance with these insurance requirements or failure of the City of Wilmington to identify a deficiency from evidence that is provided shall not be construed as a waiver of Contractor’s obligation to maintain such insurance.

6. By requiring insurance herein, the City of Wilmington does not represent that coverage and limits will necessarily be adequate to protect the Contractor and such coverage and limits shall not be deemed as a limitation of Contractor’s liability under the indemnities granted to the City of Wilmington in this contract.

7. The City of Wilmington shall have the right, but not the obligation of prohibiting Contractor or any subcontractor from entering the project site or withhold payment until such certificates or other evidence that insurance has been placed in complete compliance with these requirements is received and approved by the City of Wilmington.

G-1.07 DELETED

G-1.08 DELETED

G-6

G-1.09 DELETED

G-1.10 DELETED

G-1.11 PAYMENT OF EMPLOYEES: The Contractor, and each of his Sub-contractors, shall pay each of his employees, engaged in work on this project, in full (less deductions made mandatory by law) not less often than on the Contractor's regular pay days, which shall be normally each week.

G-1.12 PAYMENT: Payment by the City to the Contractor will be made under either one of the following procedures:

G1.12.1 Public Construction Contracts equal to or greater than one hundred thousand dollars ($100,000)

A. The City shall retain five percent (5%) of any periodic payment due a Contractor.

B. When the project is fifty percent (50%) complete, the City, with written consent of the surety, may elect to not retain any further retainage from periodic payments due the Contractor if the Contractor continues to perform satisfactorily and any nonconforming work identified in writing prior to that time by the Architect, Engineer/Project Manager, or City has been corrected by the Contractor and accepted by the City Engineer/Project Manager, Architect, Engineer/Project Manager, or Project Manager. If the City determines the Contractor's performance is unsatisfactory, the City may reinstate retainage for each subsequent periodic payment application up to the maximum amount of five percent (5%). The project shall be deemed fifty percent (50%) complete when the Contractor's gross project invoices, excluding the value of materials stored off-site, equal or exceed fifty percent (50%) of the value of the contract, except the value of materials stored on-site shall not exceed twenty percent (20%) of the contractor's gross project invoices for the purpose of determining whether the project is fifty percent (50%) complete.

C. 50% complete means:

• Gross project invoices, excluding material stored off site, of the value of the contract

• The value of materials stored on-site shall not exceed 20% of the gross project invoices

G-1.12.2 PAYMENT ON UNIT PRICE CONTRACTS: Not later than 30 work days after receipt of a City approved invoice the City will make partial payment to the Contractor, on the basis of a duly certified approved estimate by the City Engineer/Project Manager, Project Architect or City Project Manager of the work performed during the preceding calendar month by the Contractor, in accordance with item 12.1.1 above.

G-1.12.3 PAYMENT ON LUMP SUM CONTRACTS, THIRTY DAYS OR MORE IN

DURATION: Not later than 30 work days after receipt of a City approved invoice and acceptance of work performed during that period, the City will make partial payment to the Contractor on the basis of a duly certified approved estimate by the City Engineer/Project Manager, Architect, Designer or Project Manager of the work performed during the preceding calendar month by the Contractor, and the value of the materials on the job, but not installed. The City will retain five percent (5%) of the amount of each such estimates in accordance with item

12.1.1 above.

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For purposes of preparing these monthly estimates, after the execution of the Contract, the Contractor will be required to submit to the City Engineer/Project Manager, Architect, Designer or Project Manager a breakdown of his lump sum bid in sufficient detail to permit an accurate determination of the progress of the work.

G-1.12.4 UNSATISFACTORY PERFORMANCE AND RETAINAGE: Retainage of the maximum of 5% may be reinstated if performance of the Contractor is unsatisfactory as determined by the City.

G-12.5 Within 60 days after the submission of a pay request and one of the following occurs, as specified in the contract documents, the owner with written consent of the surety shall release to the contractor all retainage on payments held by the owner: (i) the City receives a certificate of substantial completion from the Project Manager, Architect, Engineer, or Designer in charge of the project; or (ii) the owner receives beneficial occupancy or use of the project. However, the City may retain sufficient funds to secure completion of the project or corrections on any work. If the City retains funds, the amount retained shall not exceed two and one-half (2 ½) times the estimated value of the work to be completed or corrected. Any reduction in the amount of the retainage on payments shall be with the consent of the contractor's surety.

G-1.12.6 Release of Retainage shall be in accordance with G.S. 143-134.1.

G-1.12.7 There will be no retainage on periodic or final payments made by the City or prime contractor on public construction contracts in which the total project costs are less than one hundred thousand dollars ($100,000).

G-1.12.8 PAYMENT ON LUMP SUM CONTRACTS, THIRTY DAYS OR LESS IN

DURATION: Where the time for completion of work, as stated in the proposal, is thirty (30) calendar days, or less, the City will make one payment in full upon completion of work and acceptance by the City Council. No partial or interim payments will be made.

G-1-12.9 The Prime contractor and all Subcontractors working on the project shall comply with G.S. 143-134.1in regards to payments to all subcontractors

G-1-12.9 Nothing in this section shall prevent the City from withholding payment to the contractor in addition to the amounts authorized under G.S. 143-134.1 for unsatisfactory job progress, defective construction not remedied, disputed work, or third-party claims filed against the owner or reasonable evidence that a third-party claim will be filed.

G-1.12.10 Payment to Subcontractors by Prime Contractor or General Contractor In accordance with N.C. Gen. Stat. § 22C, within seven days of receipt by the prime contractor of each periodic or final payment, the prime contractor shall pay the subcontractor based on work satisfactorily completed or service satisfactorily provided under the subcontract. Additionally, the Contractor shall pay the undisputed portions of subcontractors’ invoices within one hundred five

(105) calendar days of the date of subcontractor’s invoice, independent of any payment by the City to the Contractor. If the Contractor withholds any retainage pending final completion of any subcontractor’s Work, the Contractor is required to pay the retainage so withheld within seven (7) calendar days after such subcontractor completes his Work satisfactorily, regardless of any payment of retainage by the City to the Contractor. The Contractor’s failure to pay subcontractors as provided herein shall be a material breach for which the City may cancel the Contract.

If any periodic or final payment to the subcontractor is delayed by more than seven days after receipt of periodic or final payment by the prime contractor, the prime contractor shall pay the

G-8 subcontractor interest, beginning on the eighth day, at the rate of one percent (1%) per month or fraction thereof on unpaid balance as may be due.

A subcontract on a contract governed by this section may include a provision for the retainage on periodic payments made by the prime contractor to the subcontractor. However, the percentage of the payment retained: (i) shall be paid to the subcontractor under the same terms and conditions as provided to the Prime Contractor and shall not exceed the percentage of retainage on payments made by the owner to the prime contractor. Subject to section G-1.12.4, any percentage of retainage on payments made by the prime contractor to the subcontractor that exceeds the percentage of retainage on payments made by the owner to the prime contractor shall be subject to interest to be paid by the prime contractor to the subcontractor at the rate of one percent (1%) per month or fraction thereof.

Nothing in this section shall prevent the prime contractor at the time of application and certification to the City from withholding application and certification to the City for payment to the subcontractor for unsatisfactory job progress; defective construction not remedied; disputed work; third party claims filed or reasonable evidence that claim will be filed; failure of subcontractor to make timely payments for labor, equipment, and materials; damage to prime contractor or another subcontractor; reasonable evidence that subcontract cannot be completed for the unpaid balance of the subcontract sum; or a reasonable amount for retainage not to exceed the initial percentage retained by the owner.

The Prime contractor shall comply in all respects with G.S. 143-134.1.in all manners in payments to any and all subcontractors.

Neither the City's nor contractor's release of retainage on payments as part of a payment in full on a line-item of work shall affect any applicable warranties on work done by the contractor or subcontractor, and the warranties shall not begin to run any earlier than either the owner's receipt of a certificate of substantial completion from the architect, Engineer/Project Manager, or designer in charge of the project or the owner receives beneficial occupancy.

G-1.13 COMMENCEMENT AND COMPLETION OF WORK: The Contractor for the construction of improvements under this contract shall commence work under his contract within ten days after written notice by the City PURCHASING MANAGER, and shall fully complete all work thereunder within the time stated in the proposal form.

G-1.14 EXISTING CONDITIONS: The Contractor, in signing this contract, acknowledges that he has read these Specifications and is familiar with their terms; that he has studied the plans and drawings, which are entirely clear to him; that he has been over the ground where the work is to be done, and has fully acquainted himself with the existing conditions; that he is fully prepared to sustain all losses or damages incurred by the action of the elements, or from any unforeseen obstructions, or encumbrances that may be encountered in the prosecution of the work; is prepared to provide the necessary tools, appliances and machinery, skilled and unskilled labor and materials of all kind as specified, and to guarantee that on completion, all work will be in strict compliance with the plans and specifications.

G-1.15 SUBLETTING OR ASSIGNMENT OF CONTRACT: The Contractor shall keep the work under his own control, and shall not assign, by power of attorney, or otherwise, nor sublet the work or any part thereof, without the written consent of the City. The Contractor shall perform on the site and with his own organization work equivalent to at least thirty percent (30%) of the work to be performed under this Contract. If, during the progress of the work hereunder, the Contractor requests a reduction of such percentage, and the City Manager determines that it would be to the City's advantage, the percentage of the work required to be performed by the Contractor's own organization may be reduced; provided prior written approval of such reduction is obtained by the

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Contractor from the City Manager. The Contractor shall submit in writing the name of such subcontractor as he intends employing, the portion of the work which he is to do, the dollar amount of the work, his place of business, and such other information as the City may require, in order to know whether said subcontractor is reputable, reliable and able to properly perform the work he proposes to do. Also, with respect to each subcontractor, the Contractor shall either submit certification by his insurance carrier that such subcontractor is covered under the provisions of his policy, or submit a certificate from the subcontractor's insurer that the subcontractor is covered, in accordance with Paragraphs G-1.05 through G-1.10, inclusive.

The Contractor shall not, either legally or equitably, assign any of the monies payable under this Contract, or his claim thereto, except by consent of the City.

Written consent by the City to sublet or assign any portion of the contract shall not be construed to relieve the Contractor, or surety, of any responsibility for the fulfillment of the Contract.

INTENT OF SPECIFICATIONS

G-1.16 INTENT: The intent of these specifications is to provide for the work herein enumerated to be constructed of the best materials of their respective kinds, and perfectly suited to the work contemplated. The work to be fully completed in every detail for the purpose designed, and it is hereby understood that the Contractor, in accepting this contract, agrees to furnish skilled labor, and everything necessary to complete the work in a workmanlike and satisfactory manner.

G-1.17 CONTRACT: In order that the contractor may understand the scope of the work to be performed and the details of its construction, several documents have been prepared, and it is understood and agreed by and between the contracting parties that the following documents form, and are essential parts of the complete contract: Advertisement, Information for Bidders, General and Technical Specifications, Proposal, Specific Contract, Drawings, Plans, Maps, attached or herein described, and others that may be prepared from time to time governing and illustrating the work to be done under the terms of the contract, and all of which shall have the same weight as if embodied herein.

G-1.18 SPECIFICATIONS: The General Provisions of the Specifications give in detail the duties and obligations of the two parties to the contract, the procedure of the work, and manner in which payments are to be made under the contract. The Technical Specifications, following, give in more detail the characteristics and requirements of the several classes of materials and special instructions governing the methods of construction. Where there is conflict, the Technical Specifications shall always take precedence over the General Specifications.

DEFINITIONS

G-1.19 DEFINITIONS: Wherever in the Specifications, Proposal, or Contract, the following terms, pronouns, or abbreviations used in their stead, occur, the intent and meaning shall be interpreted as follows:

A. N. S. I.

American National Standards Institute

A. S. T. M.

American Society for Testing and Materials

A. W. S.

American Welding Society

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A. W. W. A.

American Water Works Association

A. A. S. H. T. O.

American Association of State Highway and Transportation Officials

Bid Proposal Written offer submitted by the bidder in the required manner to perform the work contemplated.

Bidder The person, or persons, partnership, firm or corporation submitting a proposal for the work contemplated.

Change Order A written order from the Engineer/Project Manager signed by the Contractor and the City of Wilmington authorizing addition, deletion or revision in the work or an adjustment in the price or time for completion. All change orders must be approved by the City Manager and all change orders exceeding $500,000.00 must be approved by the Wilmington City Council.

City The word City in these specifications refers to the City of Wilmington, North Carolina, the party of the second part to the contract, also referred to herein as the "Owner".

City Council or Council The word Council, or City Council, refers to the City Council, the governing body of the City of Wilmington.

Contractor The person, or persons, partnership, firm or corporation who enters into the contract awarded him by the City.

Drawings All drawings, or reproductions thereof, pertaining to the construction of the work, which are approved by the Engineer/Project Manager for such purpose.

Engineer/Project Manager The word Engineer/Project Manager, as used in these specifications, refers to the consulting Engineer/Project Manager whose name appears on the drawings and/or to the City Engineer/Project Manager, and to his or their properly authorized assistants, limited to the duties entrusted to them.

Extra Work A written order to the Contractor, signed by the Engineer/Project Manager, ordering a change in, or an addition to the work done, from that originally shown by the drawings and specifications. An authorized Change order shall be issued for this work.

F. S.

Federal Specifications

General Specifications All requirements and provisions contained in this document.

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N. C. S. H. C. or N. C. H. C. Specifications North Carolina State Highway Commission, Raleigh, North Carolina, and to their "Standard Specifications of Roads and Structures," latest edition.

Phrases Wherever, in the specifications, or upon the drawings, the words "As required", "As permitted", or words of like import are used, it shall be understood that the direction, requirements, or permission of the Engineer/Project Manager is intended; and similarly the words "approved", "acceptable" and "satisfactory", or words of like import shall mean approved, acceptable, or satisfactory to the Engineer/Project Manager.

Request for Contract Payment The form supplied by the City and completed by the Contractor to request periodic payments on the contract.

Special Provisions Statements modifying or changing the requirements or provisions of the General Specifications, or adding new requirements or provisions thereto.

Specifications The General Specifications, Special Provisions, and all written or printed agreements and instructions pertaining to the performance of the work, and to the quantity and quality of the materials to be furnished under the contract.

Standard Details The Standard Detail drawings, or reproductions thereof, which pertain to the standard method of construction of the work, and which are approved by the Engineer/Project Manager.

Surety The corporate body which is bound with and for the contractor, that is primarily liable with the contractor, for the acceptable performance of the contract and for the completion of the work.

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THE DUTIES AND AUTHORITY OF THE ENGINEER/PROJECT MANAGER-DEFINED

G-1.20 INTERPRETATIONS AND CORRECTIONS: It is agreed by and between the contracting parties that the Engineer/Project Manager shall make all necessary explanations as to the meaning and intent of these specifications, and correct any errors, discrepancies or omissions that occur in the plans and specifications; it is further agreed that the Engineer/Project Manager shall, in all cases, determine the amount, quality, acceptability, and fitness of the several classes of work which are to be paid for under the contract; and it is also agreed that the Engineer/Project Manager shall act as referee upon all questions arising between the parties of this contract; and in all differences that occur between contractors working on adjoining sections concerning the work to be done under the terms of the contract, and the Engineer/Project Manager decision shall be final and binding.

G-1.20.1 INTERPRETATIONS OF PLANS AND/OR SPECIFICATIONS PRIOR TO

RECEIPT OF BIDS: If any prospective bidder feels that there are items within the plans or specifications, in the work proposed, or upon the site contemplated, which need clarification or interpretation, he shall, prior to the date and time for the receipt of bids, address a written statement to the Engineer/Project Manager, covering the points which he feels need clarification.

It shall be the responsibility of the person addressing the inquiry to see that such a request is in the hands of the Engineer/Project Manager in sufficient time for proper consideration and answer.

Upon receipt of such a written request, the Engineer/Project Manager will make a determination and if, in his opinion, interpretation, clarification and/or change should be made in the plans and/or specifications, he will inform each holder of the plans and specifications in writing of his decision or findings in the matter in question. No other procedure will be followed in interpretation or addendum to these specifications, and the City of Wilmington will not be responsible for any change unless made in accordance with this procedure.

Questions related to the proposed project, including questions concerning the plans and specifications will be addressed by the City or Engineer/Project Manager up to Seven (7) calendar days prior to the bid opening. No addenda will be issued after this time.

G-1.21 FIELD WORK: The Engineer/Project Manager shall give all necessary base lines and bench marks and information of like character for the guidance of the contractor, and all the work shall accurately conform thereto. Any work done without established lines, grades, may be ordered removed and replaced, without additional expense to the City.

G-1.22 INSPECTION: All materials and workmanship will be inspected by the Engineer/Project Manager, and the Contractor will be held to the spirit of the specifications at all times, the intent of such inspection being simply to obtain work of a high character, and one in which both parties to the contract can take pride.

G-1.23 ALTERATIONS: It is agreed by the contracting parties that the Engineer/Project Manager may at all times, before or after the commencement of the work, make alterations, or changes in the location, alignment, grades, materials and methods of construction that is desired, regardless of whether the location of such work be as shown on the plans upon which bids have been invited, and such change shall not vitiate or annul this contract, but the Engineer/Project Manager will determine the value of said work, and should such change diminish the amount of work to be done, no claim shall be made by the Contractor for damages on the grounds of anticipated profits from the part disposed with, but should the plan of a particular piece of work be altered or changed after commencement of said work and result in extra cost to the Contractor, the Engineer/Project Manager shall determine and certify a fair equitable value therefor, and his decision shall be final and binding.

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G-1.24 INSPECTORS: Should it be found necessary, in the opinion of the Engineer/Project Manager, to appoint inspectors to pass upon the quality, amount, and general character of the work and the materials incorporated therein, such person, or persons, who, in the opinion of the Engineer/Project Manager, are deemed competent, may be appointed. The duties of this office are purely supervisory, and their decisions are subject to review by the Engineer/Project Manager.

EXTRA WORK

G-1.25 EXTRA WORK: The Contractor shall do any work not otherwise herein provided for when, and as ordered by the Engineer/Project Manager in writing by himself or specially authorized assistants. In the event that a mutually agreed price is not arrived at prior to the accomplishment of this extra work, the Contractor shall keep a strict account of the labor, equipment, and material used on said extra work, and shall give the Engineer/Project Manager an itemized statement each day of the amount. He shall further furnish the Engineer/Project Manager with bills, accounts and vouchers relating to the cost and access to all accounts concerning this work.

G-1.25.1 Request for reimbursement for Extra Work must be submitted by the Contractor within ten (10) days of the date upon which such extra work is accomplished, and subject request for reimbursement must bear on its face the authorizing number of the written order issued by the Engineer/Project Manager.

G-1.25.2 No request for reimbursement on account of additional work will be honored by…