Pirate_s Cove Drainage Improvements.pdf

CITY OF WILMINGTON, NC

BID INVITATION

BIDS ARE DUE:

PRE-BID MEETING:

PROJECT NAME:

PROJECT NUMBER:

CONTRACT NUMBER:

PROJECT DIRECTOR:

PROJECT ENGINEER:

AUGUST 6, 2026, at 3:00 PM

JULY 9, 2026, at 3:00 PM

PIRATE’S COVE DRAINAGE

IMPROVEMETS

7DC2010

DRA-MG-0826

AARON BECKNER – 910-341-0062

McGILL (MICHAEL HANSON) 910-755-5872

PROJECT MANAGER/ENGINEER: ZACH ROMAN - 910-765-0450

SUBMIT BIDS TO: PURCHASING MANAGER

P. O. BOX 1810

929 N. FRONT ST., 10th FLOOR

WILMINGTON, N. C. 28402-1810

(910) 341-7830

BIDDERS NAME:

ADDRESS:

TELEPHONE:

EMAIL:

PIRATE’S COVE DRAINAGE IMPROVEMENTS

DRA-MG-0826

TABLE OF CONTENTS

ADVERTISEMENT

BIDDER’S CHECKLIST

SPECIAL NOTICE TO ALL BIDDERS

AFFIDAVIT AND CERTIFICATION OF NON-COLLUSION

AFFIDAVIT OF COMPLIANCE WITH NC E-VERIFY STATUTES

MBE/DBE POLICY STATEMENT

SPECIAL PROVISIONS MBE/DBE PROGRAM

AFFIDAVIT A

AFFIDAVIT C

AFFIDAVIT D

POTENTIAL SUBCONTRACTING OPPORTUNITIES

REPORT OF PARTICIPATING SUBCONTRANTRORS AND SUPPLIERS

REPORT OF NON-CERTIFED SUBCONTRACTORS

LISTING OF FIRMS CONTACTED TO PERFORM SUBCONTRACTING WORK

GENERAL PROVISIONS PAGE G-1 – G-23

CONTRACT PAGE C-1 - C-15

PROPOSAL PAGE P-1 - P-9

TECHNICAL SPECIFICATIONS

T-1 EXCAVATING, GRADING, & BACKFILLING

T-2 STORM DRAINS

T-6 CONCRETE: PROPORTIONING, MIXING, TESTING, PLACING, AND

CURING

T-7 CONCRETE CURBING AND CONCRETE CURB AND GUTTER

T-8 CONCRETE SIDEWALKS AND DRIVEWAYS

T-9 ASPHALT PAVING

T-10 FINE & COARSE AGGREGATE BASE COURSE

T-13 ENVIRONMENT PROTECTION: EROSION AND SEDIMENT CONTROL,

AIR AND WATER QUALITY PROTECTION, AND NOISE CONTROL

T-14 MATERIALS

T-15 SPECIAL CONDITIONS

ADVERTISEMENT FOR BID

PIRATE’S COVE DRAINAGE

IMPROVEMENTS CONTRACT NUMBER:

DRA-MG-0826

Pursuant to North Carolina General Statute 143-129, sealed proposals addressed to the Purchasing Manager, P. O. Box 1810, 929 N. Front Street, 10TH Floor Wilmington, NC 28402, and marked “PIRATE’S COVE DRAINAGE IMPROVEMENTS ’’ will be received until 3:00 p.m., Thursday, AUGUST 6, 2026, at which time they will be publicly opened and read at the Purchasing Division, 929 N. Front Street, 10th Floor Room 1069, Wilmington, NC. The City will receive SINGLE PRIME BIDS ONLY for this project.

Project Description: The project generally consists of replacing a portion of the existing storm drainage system within the Pirate Cove neighborhood and improving an open channel that drains into the system.

All firms submitting bids for the proposed work must be properly licensed under Chapter 87, N.

C. General Statutes. The bidder’s license number must appear on the outside of the envelope.

In accordance with the City of Wilmington’s Minority/Disadvantaged Business Policy, the bidder shall make good faith efforts, as defined by the Bid Specifications, to subcontract 14% of the dollar value of the prime contract to businesses which are at least 51% owned and controlled by minority, socially, and/or economically disadvantaged individuals (MBE/DBE’s). A complete copy of the City of Wilmington’s MBE/WBE policy is available for inspection at the Purchasing Manager’s Office.

Potential Subcontract opportunities which may exist on this project include, but may not be limited to Asphalt Paving, Concrete, Curb & Gutter, Hauling, Erosion Control, Traffic Control, Landscaping, Utilities, Grading, Fencing, Suppliers, and other items not specifically referenced herein.

If the bidder fails to achieve the contract goal stated herein, it is required to provide documentation demonstrating that it made a good faith effort in attempting to meet the established goals.

A bid which fails to meet these requirements will be considered non-responsive and will be rejected.

A Pre-Bid Conference will be held at 3:00 p.m., Thursday, July 9, 2026, at 929 N. Front Street, 10th Floor Room 1069, Wilmington, NC. All parties interested in the project are invited to attend.

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 on 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 16, 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. SIGN AFFIDAVIT OF COMPLIANCE WITH NC E-VERIFY STATUTES

4. READ AND UNDERSTAND MBE/DBE PROVISIONS MBE-1 TO MBE-4.

5. COMPLETE, SIGN AND SUBMIT WITH THE BID, AFFIDAVIT A “AFFIDAVIT OF GOOD FAITH

COMPLIANCE” LISTING OF THE GOOD FAITH EFFORT INDICATING ALL ACTIONS

UNDERTAKEN, AS DESCRIBED IN THE FORM, TO RECRUIT MINORITY PARTICIPATION ON

THIS PROJECT. (AFFIDAVIT A)

6. SUBMIT A LISTING OF PARTICIPATING SUBCONTRACTORS AND SUPPLIERS.

7. PORTION OF WORK TO BE PERFORMED BY M/WBE FIRMS (AFFIDAVIT C)

8. BIDDERS GOOD FAITH EFFORTS (AFFIDAVIT D)

9. LIST ALL FIRMS CONTACTED TO PERFORM SUBCONTRACT WORK IN ACCORDANCE WITH

THE SPECIAL NOTICE. (Subcontractor Contact Schedule)

10. COMPLETE THE PROPOSAL SECTION AND SIGN.

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

THE PROPOSAL PAGE.

12. THE BID SURETY IS ENCLOSED AND PROPERLY EXECUTED.

REFERENCE PARAGRAPH G-1.04.2, PAGE G-2.

13. 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.

14. ENVELOPE ADDRESSED AND MARKED:

PURCHASING MANAGER

CITY OF WILMINGTON

PO BOX 1810

929 N. FRONT STREET, 10th FLOOR

WILMINGTON, NC 28402

BID NAME: ___________________________

15. 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.

SPECIAL NOTICE TO ALL BIDDERS

MARCH 23, 1990 REV: 3-2020

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

4. Minority Business Policy

The MBE/WBE/HUB/DBE statement, MBE-4, must be properly filled out in order for your bid to be considered.

5. 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 5 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

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.

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)

(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)

Rev. 3/98 AFF-MBE.DOC

STATE OF NORTH CAROLINA

AFFIDAVIT of COMPLIANCE

COUNTY OF NEW HANOVER with N.C. E-VERIFY STATUTES

I, ________________________________ (hereinafter the “Affiant”), duly authorized by and on behalf of ____________________________________ (hereinafter the “Employer”) after being first duly sworn deposes and says as follows:

1. I am the __________________________ (President, Manager, CEO, etc.) of the Employer and possess the full authority to speak for and on behalf of the Employer identified above.

2. Employer understands that “E-Verify” means the federal E-Verify program operated by the

United States Dept. of Homeland Security and other federal agencies, or any successor or equivalent program used to verify the work authorization of newly hired employees pursuant to federal law.

3. ____ Employer employs 25 or more employees in the State of North Carolina, and is in compliance with the provisions of N.C. Gen. Stat. §64-26. Employer has verified the work authorization of its employees through E-Verify and shall retain the records of verification for a period of at least one year.

____ Employer employs fewer than 25 Employees and is therefore not subject to the provisions of

N.C. Gen. Stat. §64-26.

4. All subcontractors engaged by or to be engaged by Employer have or will have likewise complied with the provisions of N.C. Gen. Stat. §64-26.

5. Employer shall keep the City of Wilmington informed of any change in its status pursuant to

Article 2 of Chapter 64 of the North Carolina General Statutes.

Further this affiant sayeth not.

This the _______ day of _______________, 20____.

Affiant

STATE OF NORTH CAROLINA

COUNTY OF ____________________

Sworn to and subscribed before me, this the _____ day of _____________, 20____.

______________________________ [NOTARY SEAL]

My commission expires: ____________________

CITY OF WILMINGTON

MBE/WBE/HUB/DBE POLICY STATEMENT

SPECIAL NOTICE

1. ALL FIRMS SUBMITTING BIDS FOR THIS PROJECT MUST MAKE A GOOD FAITH EFFORT,

AS DEFINED ON PAGES MBE-1 TO MBE-3, TO SUBCONTRACT 14% OF THE WORK TO CERTIFIED

MBE/WBE/HUB/DBE FIRMS. THIS REQUIREMENT APPLIES EVEN THOUGH THE BIDDER HAS THE

CAPABILITY OF PERFORMING ALL WORK WITH HIS OWN FORCES OR IF THE BIDDER IS A

CERTIFIED MBE/WBE CONTRACTOR.

2. AS PART OF THE SUBMITTED BID DOCUMENT BIDDERS MUST SUBMIT A LISTING OF

ALL SUBCONTRACTORS CONTACTED OR ATTEMPTED TO CONTACT FOR WORK ON THIS

CONTRACT. THE LIST MUST INCLUDE THE FIRM NAME, CONTACT PERSON, PHONE

NUMBER, TYPE OF SUBCONTRACT WORK, INDICATION AS TO MBE/WBE/HUB/DBE FIRM OR

NON-MBE/WBE/HUB/DBE FIRM, AND DOLLAR AMOUNT OF THE WORK. THE LISTING MUST

INDICATE THE FIRM TO BE UTILIZED FOR THE SUBCONTRACT WORK. A FORM IS

INCLUDED HEREIN FOR THIS LISTING.

A FORM IS INCLUDED HEREIN FOR THIS PURPOSE HOWEVER, BIDDERS MAY SUBMIT

THE DATA ON THEIR OWN FORM.

3. AS PART OF THE SUBMITTED BID DOCUMENTS, ALL BIDDERS MUST SUBMIT, THE

ENCLOSED “AFFIDAVIT OF GOOD FAITH COMPLIANCE”. THE AFFIDAVIT MUST INCLUDE

EVIDENCE OF THE GOOD FAITH EFFORTS MADE BY THE BIDDER TO CONTRACT WITH AND

HIRE MBE/WBE/HUB/DBE FIRMS AS SUBCONTRQACTORS FOR THIS PROJECT.

A LISTING OF GOOD FAITH EFFORTS THAT THE CITY WILL REVIEW AND CONSIDER

IS CONTAINED IN THE BID DOCUMENT.

"The bidder/proposer shall make good faith efforts, as defined in the bid specifications, to subcontract 14% percent of the dollar value of the prime contract to business owned and/or controlled by minority, socially, and or economically disadvantaged individuals (MBE/WBE/HUB/DBE’s).

Bidders are required to submit information concerning MBE/WBE/HUB/DBE’s which will participate in the contract. The information will include (1) name and address of each MBE/WBE/HUB/DBE; (2) a description of the work to be performed by named firm; and (3) the dollar value of the work of the contract. If the bidder fails to achieve the contract goal stated herein, it is required to provide documentation demonstrating that it made good faith efforts in attempting to meet established goals. A bid that fails to meet these requirements will be considered non-responsive."

MBESUPP 6/93

MBE-1

SPECIAL PROVISION

MINORITY/DISADVANTAGED BUSINESS ENTERPRISE PROGRAM

POLICY:

It is the policy of the City of Wilmington that MBE/WBE/HUB/DBE enterprises as defined in NCGS 143- 128(g)(1)(2) and (3) shall have the maximum opportunity to participate in the performance of contracts financed in whole or in part by City funds under this agreement. Consequently, the MBE/WBE/HUB/DBE requirements of NCGS 143-128 apply to this bid and any subsequent contract.

MBE/WBE/HUB/DBE OBLIGATION:

The City and its contractor agree to ensure that MBE/WBE/HUB/DBE's have the maximum opportunity to participate in the performance of contract and subcontracts financed in whole or in part with City of Wilmington funds provided under this agreement. In this regard, bidders and contractors shall take all necessary and reasonable steps in accordance with NCGS 143-128 to ensure that MBE/WBE/HUB/DBE firms have the maximum opportunity to compete and perform under this bid, any change orders and any subsequent contract.

The City of Wilmington and its contractors shall not discriminate on the basis of race, color, national origin, or sex in the award and/or performance of this contract.

NOTICE:

All bidders, potential contractors, or subcontractors for this contract are hereby notified that failure to carry out the City of Wilmington policy and MBE/WBE/HUB/DBE obligation, as set forth herein, shall constitute a breach of contract which may result in the termination of the contract, or other such remedy as deemed appropriate by the City.

SUBCONTRACT CLAUSES:

All bidders and potential contractors hereby assure the City that they will include the above clauses in all subcontracts which offer further subcontracting opportunities. The terms, conditions and requirements of each contract between the contractor and each subcontractor performing work under a subdivision of branch of work listed in the bid documents shall incorporated by reference the terms, conditions and requirements of this contract between the CITY and the CONTRACTOR.

CONTRACT AWARD:

Bidders are hereby advised that meeting the MBE/WBE/HUB/DBE subcontract goals or making a "GOOD FAITH EFFORT" as defined below to meet such goals are conditions for being awarded this contract. The City proposes to award the contract to the lowest responsible bidder submitting a reasonable bid, provided s/he has made a "GOOD FAITH EFFORT" as defined below to meet the established MBE/WBE/HUB/DBE participation goals.

Bidders are advised that the City has the sole authority to determine if the bidder has made a "GOOD FAITH EFFORT" toward meeting the MBE/WBE/HUB/DBE goals to qualify for contract award. The City reserves the right to reject any and all bids submitted.

SUBSTITUTION OF MBE/WBE/HUB/DBE SUBCONTRACTORS

MBE/WBE/HUB/DBE firms identified in the bid document may not be substituted or replaced without just cause and only with the written approval of the CITY. If a substitution is agreed to by the CITY, the CONTRACTOR must make a good faith effort to replace the MBE/WBE/HUB/DBE with another MBE/WBE/HUB/DBE firm.

MBE/WBE/HUB/DBE SUBCONTRACT GOALS:

MBE-2

The attainment of goals established for this contract are to be measured as a percentage of the total dollar value of the contract. The goals established for this contract are as follows: 14%* MBE/WBE/HUB/DBE *

*MBE/WBE/HUB/DBE GOALS ARE ACCOMPLISHED VIA SUBCONTRACTS PERFORMED BY

CERTIFIED BUSINESSES. SUBCONTRACTS MAY INCLUDE SUPPLYING OF MATERIALS.

AVAILABLE MBEWBE/HUB/DBE's

MBE/WBE/HUB/DBE firms may be utilized by the bidder provided they meet the minimum requirements as established by NCGS 143-128 and are certified seven (7) days prior to award in accordance with the MBE/WBE/HUB/DBE program.

Bidders may access the N. C. Dept. of Administration, NCDOT web site for certified firms. Failure to achieve the goal and failure to contact known MBE/WBE/HUB/DBE firms on all lists referenced herein may not qualify as a good faith effort to identify and hire MBE/WBE/HUB/DBE firms.

MBE/WBE/HUB/DBE firms certified by the Department of Transportation or Department of Administration may be counted toward to established goal.

Firms listed by the bidder as certified which are not on the Department of Transportation or Department of Administration’s list of certified firms must provide evidence of certification.

CONTRACTORS REQUIRED SUBMISSIONS:

If the bidder fails to meet the contract goals established herein, s/he must submit information, which will assist the City in determining whether or not the bidder made acceptable "GOOD FAITH EFFORTS" to meet the contract goals. Failure to meet the goals by lack of "GOOD FAITH EFFORTS" will disqualify the bidder's proposal.

The bidder shall complete all forms included herein which pertain the verification of MBE/WBE/HUB/DBE participation and/or good faith efforts made as part of the bid.

MBE-3

DEFINITION

"GOOD FAITH EFFORT"

In accordance with the North Carolina Administrative Code 01-NCAC 301.0101 and the North Carolina General Statutes, the bidder must earn a minimum of 50 points from the good faith efforts listed below in order to be deemed to have made a good faith effort. If the bidder meets the 14% goal, the bidder shall be deemed to have met the good faith effort.

The following is a list of items which the contractor and the city may use in making a determination as to the acceptability of contractors "GOOD FAITH EFFORT" in meeting the goals established herein.

(1) Contacting minority businesses that reasonably could have been expected to submit a quote and that were known to the contractor or available on State or local government maintained lists at least 10 days before the bid or proposal date and notifying them of the nature and scope of the work to be performed. 10 POINTS

(2) Making the construction plans, specifications and requirements available for review by prospective minority businesses, or providing these documents to them at least 10 days before the bid or proposals are due.

10 POINTS

(3) Breaking down or combining elements of work into economically feasible units to facilitate minority participation. 15 POINTS

(4) Working with minority trade, community, or contractor organizations identified by the Office of Historically Underutilized Businesses and included in the bid documents that provide assistance in recruitment of minority businesses. 10 POINTS

(5) Attending any prebid meetings scheduled by the public owner. 10 POINTS

(6) Providing assistance in getting required bonding or insurance or providing alternatives to bonding or insurance for subcontractors. 20 POINTS

(7) Negotiating in good faith with interested minority businesses and not rejecting them as unqualified without sound reasons based on their capabilities. Any rejection of a minority business based on lack of qualification should have the reasons documented in writing. 15 POINTS

(8) Providing assistance to an otherwise qualified minority business in need of equipment, loan capital, lines of credit, or joint pay agreements to secure loans, supplies, or letters of credit, including waiving credit that is ordinarily required. Assisting minority businesses in obtaining the same unit pricing with the bidder's suppliers in order to help minority businesses in establishing credit. 25 POINTS

(9) Negotiating joint venture and partnership arrangements with minority businesses in order to increase opportunities for minority business participation on a public construction or repair project when possible.

20 POINTS

(10) Providing quick pay agreements and policies to enable minority contractors and suppliers to meet cash-flow demands. 20 POINTS

PAY REQUESTS AND MAINTENANCE OF RECORDS:

The contractor shall maintain adequate records of the MBE/WBE/HUB/DBE's performance and payments and shall submit regular reports to the City. These reports shall be sent with the contractors monthly "REQUEST FOR CONTRACT PAYMENT". The request shall include a breakdown of the amount of the payment to be made by the City which will be paid to the MBE/WBE/HUB/DBE’s identified in the bid documents.

PROHIBITED AGREEMENTS:

Agreements between the bidder/proposer and a MBE/WBE/HUB/DBE in which the MBE/WBE/HUB/DBE promises not to provide subcontracting quotations to other bidders/proposers are prohibited.

MBE-4

ATTACH THIS PAGE TO THE BID

City of Wilmington - AFFIDAVIT A – “AFFIDAVIT OF GOOD FAITH COMPLIANCE”

Listing of the Good Faith Effort Affidavit of (Name of Bidder)

I have made a good faith effort to comply under the following areas checked:

The bidder must earn a minimum of 50 points from the good faith efforts listed below in order to be deemed to have made a good faith effort.

1 - Contacted minority businesses that reasonably could have been expected to submit a quote and that were known to the contractor, or available on State or local government maintained lists, at least 10 days before the bid date and notified them of the nature and scope of the work to be performed. 10 points

2.-Made the construction plans, specifications and requirements available for review by prospective minority businesses, or providing these documents to them at least 10 days before the bids are due. 10 points

3 - Broken down or combined elements of work into economically feasible units to facilitate minority participation.

15 points

4 - Worked with minority trade, community, or contractor organizations identified by the Office of Historically Underutilized Businesses and included in the bid documents that provide assistance in recruitment of minority businesses. 10 points

5 - Attended prebid meetings scheduled by the public owner. 10 points

6 - Provided assistance in getting required bonding or insurance or provided alternatives to bonding or insurance for subcontractors. 20 points

7 - Negotiated in good faith with interested minority businesses and did not reject them as unqualified without sound reasons based on their capabilities. Any rejection of a minority business based on lack of qualification should have the reasons documented in writing. 15 points

8 - Provided assistance to an otherwise qualified minority business in need of equipment, loan capital, lines of credit, or joint pay agreements to secure loans, supplies, or letters of credit, including waiving credit that is ordinarily required.

Assisted minority businesses in obtaining the same unit pricing with the bidder's suppliers in order to help minority businesses in establishing credit. 25 points

9 - Negotiated joint venture and partnership arrangements with minority businesses in order to increase opportunities for minority business participation on a public construction or repair project when possible. 20 points

10 - Provided quick pay agreements and policies to enable minority contractors and suppliers to meet cash-flow demands. 20 points

Total Points ___________

In accordance with GS143-128.2(d) the undersigned will enter into a formal agreement with the firms listed in the Identification of Minority Business Participation schedule conditional upon execution of a contract with the Owner. Failure to abide by this statutory provision will constitute a breach of the contract.

The undersigned hereby certifies that he or she has read the terms of the minority business commitment and is authorized to bind the bidder to the commitment herein set forth.

Date: Name of Authorized Officer:

Signature:

Title:

State of ______________________________, County of Subscribed and sworn to before me this day of 2026

My commission expires.

SEAL

City of Wilmington - AFFIDAVIT C - Portion of the Work to be Performed by Minority Firms

********(NOTE: THIS FORM IS NOT TO BE SUBMITTED WITH THE BID PROPOSAL)*********

If the portion of the work to be executed by minority businesses as defined in GS143-128.2(g) is equal to or greater than 14% of the bidders total contract price, then the bidder must complete this affidavit.

This affidavit shall be provided by the apparent lowest responsible, responsive bidder within 72 hours after notification of being low bidder.

Affidavit of I do hereby certify that on the

(Name of Bidder)

(Project Name)

Project ID# Amount of Bid $

I will expend a minimum of % of the total dollar amount of the contract with minority business enterprises.

Minority businesses will be employed as construction subcontractors, vendors, suppliers or providers of professional services.

Such work will be subcontracted to the following firms listed below. Attach additional sheets if required

Name and Phone Number *Minority Category

Work description Dollar Value

*Minority categories: Black, African American (B), Hispanic (H), Asian American (A) American Indian (I), Female (F) Socially and Economically Disadvantaged (D)

Pursuant to GS143-128.2(d), the undersigned will enter into a formal agreement with Minority Firms for work listed in this schedule conditional upon execution of a contract with the Owner. Failure to fulfill this commitment may constitute a breach of the contract.

The undersigned hereby certifies that he or she has read the terms of this commitment and is authorized to bind the bidder to the commitment herein set forth.

Date: Name of Authorized Officer:

Signature:

Title:

State of _________________________, County of Subscribed and sworn to before me this day of 2026

My commission expires

City of Wilmington AFFIDAVIT D – Good Faith Efforts

********(NOTE: THIS FORM IS NOT TO BE SUBMITTED WITH THE BID PROPOSAL)*********

If the goal of 14% participation by minority business is not achieved, the Bidder shall provide the following documentation to the Owner of his good faith efforts. This affidavit shall be provided by the apparent lowest responsible, responsive bidder within 72 hours after notification of being low bidder.

Affidavit of:

(Name of Bidder) Project Name: __________________________________________________________________________ I do certify the attached documentation as true and accurate representation of my good faith efforts.

(Attach additional sheets if required) Name and Phone Number *Minority

Category Work description Dollar Value

*Minority categories: Black, African American (B), Hispanic (H), Asian American (A) American Indian (I), Female (F) Socially and Economically Disadvantaged (D)

Documentation of the Bidder's good faith efforts to meet the goals set forth in these provisions. Examples of documentation include, but are not limited to, the following evidence:

A. Copies of solicitations for quotes to at least three (3) minority business firms from the source list provided by the State for each subcontract to be let under this contract (if 3 or more firms are shown on the source list).

Each solicitation shall contain a specific description of the work to be subcontracted, location where bid documents can be reviewed, representative of the Prime Bidder to contact, and location, date and time when quotes must be received.

B. Copies of quotes or responses received from each firm responding to the solicitation.

C. A telephone log of follow-up calls to each firm sent a solicitation.

D. For subcontracts where a minority business firm is not considered the lowest responsible sub-bidder, copies of quotes received from all firms submitting quotes for that particular subcontract.

E. Documentation of any contacts or correspondence to minority business, community, or contractor organizations in an attempt to meet the goal.

F. Copy of pre-bid roster.

G. Letter documenting efforts to provide assistance in obtaining required bonding or insurance for minority business.

H. Letter detailing reasons for rejection of minority business due to lack of qualification.

I. Letter documenting proposed assistance offered to minority business in need of equipment, loan capital, lines of credit, or joint pay agreements to secure loans, supplies, or letter of credit, including waiving credit that is ordinarily required.

Failure to provide the documentation as listed in these provisions may result in rejection of the bid and award to the next lowest responsible and responsive bidder.

Date: Name of Authorized Officer:

Signature:

Title:

State of _________________________, County of Subscribed and sworn to before me this day of 2026

My commission expires

POTENTIAL SUBCONTRACTING OPPORTUNITIES

CONTRACT NAME: PIRATE’S COVE DRAINAGE IMPROVEMENTS

CONTRACT NUMBER: DRA-MG-0826

WORK ITEM DESCRIPTION: Asphalt Paving, Concrete, Curb & Gutter, Hauling, Erosion Control, Traffic Control, Landscaping, Grading, Utilities, Fencing, Suppliers, and other items not specifically referenced herein.

THE ABOVE LISTED AREAS OF SUBCONTRACT OPPORTUNITIES ARE THE AREAS THAT

HAVE BEEN IDENTIFIED BY THE CITY STAFF AND/OR THE CITY CONSULTANTS FOR THE

ABOVE REFERENCED PROJECT.

THE LIST IS BY NO MEANS EXHAUSTIVE AND BIDDERS ARE ENCOURAGED TO SEARCH

FOR OTHER AREAS OF POTENTIAL SUBCONTRACTING OPPORTUNITIES. THE BIDDERS

EFFORTS IN THIS REGARD WILL ALSO BE A CONSIDERATION IN THE CITY’S REVIEW OF

THE GOOD FAITH EFFORT.

IF THERE ARE NO IDENTIFIED AREAS OF POTENTIAL SUBCONTRACT OPPORTUNITIES

FOR A PARTICULAR CONTRACT THEN THE BIDDER MUST MAKE A GOOD FAITH EFFORT

TO IDENTIFY OTHER AREAS OF POTENTIAL SUBCONTRACT WORK.

THE REQUIREMENT TO MAKE A “GOOD FAITH EFFORT” APPLIES TO ALL

CONTRACTS ESTIMATED BY THE CITY TO BE IN EXCESS OF $100,000. THE POLICY

DOES NOT APPLY TO CONTRACTS BELOW $100,000.

THE CONTRACT GOAL FOR MBE/WBE/HUB/DBE PARTICIPATION IS 14%.

MBE/WBE/HUB/DBE Web Sites

North Carolina Department of Administration www.doa.state.nc.us/hub

North Carolina Department of Transportation www.ncdot.org

Bidders should furnish evidence as part of the post bid submittal that the above referenced web sites were used in attempting to contact MBE/WBE/HUB/DBE firms and as part of their good faith efforts.

http://www.doa.state.nc.us/hub http://www.ncdot.org/

REPORT OF PARTICIPATING SUBCONTRACTORS AND SUPPLIERS

Please supply data for all subcontractors and suppliers, whose services will be utilized on the project being bid upon by your firm. This document must be completed and submitted along with the bid proposal.

BIDDER'S NAME__________________________________ PROJECT: __________________________________

BID IS FOR: GENERAL CONSTRUCTION ( ); ELECTRICAL ( ); HVAC ( ); PLUMBING ( )

AMOUNT OF BID $____________________ VALUE OF SUBCONTRACTS $____________________

PERCENTAGE OF CERTIFIED MBE/WBE/HUB/DBE PARTICIPATION

CERTIFIED MBE/WBE/HUB/DBE SUBCONTACTORS AND SUPPLIERS:

NAME OF FIRM: ______________________________________ PHONE: _______________________________

ADDRESS: ______________________________________ OWNER’S NAME:

_______________________________________ ( ) SUBCONTRACTOR ( ) SUPPLIER

WORK/SERVICE TO BE PERFORMED: __________________________________________________________

AMOUNT TO BE PAID $ ________________________________ % OF TOTAL __________

NAME OF FIRM: ______________________________________ PHONE: _______________________________ ADDRESS: ______________________________________ OWNER’S NAME: _______________________

_______________________________________ ( ) SUBCONTRACTOR ( ) SUPPLIER

WORK/SERVICE TO BE PERFORMED: __________________________________________________________

AMOUNT TO BE PAID $ ________________________________ % OF TOTAL __________

NAME OF FIRM: _____________________________________ PHONE: _______________________________ ADDRESS: ______________________________________ OWNER’S NAME: _______________________

_______________________________________ ( ) SUBCONTRACTOR ( ) SUPPLIER

WORK/SERVICE TO BE PERFORMED: __________________________________________________________

AMOUNT TO BE PAID $ ________________________________ % OF TOTAL __________

NAME OF FIRM: _____________________________________ PHONE: ________________________________ ADDRESS: ______________________________________ OWNER’S NAME: _______________________

_______________________________________ ( ) SUBCONTRACTOR ( ) SUPPLIER

WORK/SERVICE TO BE PERFORMED: __________________________________________________________

AMOUNT TO BE PAID $ ________________________________ % OF TOTAL __________

NAME OF FIRM: _____________________________________ PHONE: _______________________________ ADDRESS: ______________________________________ OWNER'S NAME: ________________________

_______________________________________ ( ) SUBCONTRACTOR ( ) SUPPLIER

WORK/SERVICE TO BE PERFORMED: __________________________________________________________

AMOUNT TO BE PAID $ ________________________________ % OF TOTAL __________

NAME OF FIRM: _____________________________________ PHONE: ________________________________ ADDRESS: ______________________________________ OWNER'S NAME: ________________________

_______________________________________ ( ) SUBCONTRACTOR ( ) SUPPLIER

WORK/SERVICE TO BE PERFORMED: __________________________________________________________

AMOUNT TO BE PAID $ ________________________________ % OF TOTAL __________

NAME OF FIRM: _____________________________________ PHONE: ________________________________ ADDRESS: ______________________________________ OWNER’S NAME: _______________________

_______________________________________ ( ) SUBCONTRACTOR ( ) SUPPLIER

WORK/SERVICE TO BE PERFORMED: __________________________________________________________

AMOUNT TO BE PAID $ ________________________________ % OF TOTAL __________

PLEASE LIST BELOW ALL OTHER SUBCONTRACTORS AND SUPPLIERS AND NON-CERTIFIED

MBE/WBE/HUB/DBE’s.

PERCENTAGE OF OTHER SUBCONTRACTORS, SUPPLIERS AND NON-CERTIFIED

MBE/WBE/HUB/DBE’s __________________%

OTHER SUBCONTRACTORS & SUPPLIERS AND NON-CERTIFIED

MBE/WBE/HUB/DBE’s:

NAME OF FIRM: _____________________________________ PHONE: ________________________________ ADDRESS: ______________________________________ OWNER’S NAME: _______________________

_______________________________________ ( ) SUBCONTRACTOR ( ) SUPPLIER

WORK/SERVICE TO BE PERFORMED: __________________________________________________________

AMOUNT TO BE PAID $ ________________________________ % OF TOTAL __________

NAME OF FIRM: _____________________________________ PHONE: ________________________________ ADDRESS: ______________________________________ OWNER’S NAME: _______________________

_______________________________________ ( ) SUBCONTRACTOR ( ) SUPPLIER

WORK/SERVICE TO BE PERFORMED: __________________________________________________________

AMOUNT TO BE PAID $ ________________________________ % OF TOTAL __________

NAME OF FIRM: _____________________________________ PHONE: ________________________________ ADDRESS: ______________________________________ OWNER’S NAME: _______________________

_______________________________________ ( ) SUBCONTRACTOR ( ) SUPPLIER

WORK/SERVICE TO BE PERFORMED: __________________________________________________________

AMOUNT TO BE PAID $ ________________________________ % OF TOTAL __________

NAME OF FIRM: _____________________________________ PHONE: ________________________________ ADDRESS: ______________________________________ OWNER'S NAME: ________________________

_______________________________________ ( ) SUBCONTRACTOR ( ) SUPPLIER

WORK/SERVICE TO BE PERFORMED: __________________________________________________________

AMOUNT TO BE PAID $ ________________________________ % OF TOTAL __________

NAME OF FIRM: _____________________________________ PHONE: ________________________________ ADDRESS: ______________________________________ OWNER'S NAME: ________________________

_______________________________________ ( ) SUBCONTRACTOR ( ) SUPPLIER

WORK/SERVICE TO BE PERFORMED: __________________________________________________________

AMOUNT TO BE PAID $ ________________________________ % OF TOTAL __________

NAME OF FIRM: _____________________________________ PHONE: ________________________________ ADDRESS: ______________________________________ OWNER'S NAME: ________________________

_______________________________________ ( ) SUBCONTRACTOR ( ) SUPPLIER

WORK/SERVICE TO BE PERFORMED: __________________________________________________________

AMOUNT TO BE PAID $ ________________________________ % OF TOTAL __________

NAME OF FIRM: _____________________________________ PHONE: ________________________________ ADDRESS: ______________________________________ OWNER'S NAME: ________________________

_______________________________________ ( ) SUBCONTRACTOR ( ) SUPPLIER

WORK/SERVICE TO BE PERFORMED: __________________________________________________________

AMOUNT TO BE PAID $ ________________________________ % OF TOTAL __________

COMPLETE AND SUBMIT ALONG WITH AFFIDAVIT C OR AFFIDAVIT D

In order for the City to determine the Good Faith Effort performed by the bidder, the bidder must list ALL firms contacted to perform subcontract work for the project.

SUBCONTRACT CONTACT SCHEDULE

PRIME CONTRACTOR: _____________________________________________________

PROJECT NAME: _____________________________________________________

DATE: _________________________________

DATE

CONTACTED

NAME & ADDRESS OF

PERSON/BUSINESS CONTACTED

PHONE NUMBER SERVICE

PROVIDED

PERSON MAKING

CONTACT

CERTIFIED

MBE/WBE/H

UB/DBE/WB

E? YES/NO

RESPONSE PRICE

QUOTED

I HEREBY CERTIFY THAT THE SUBCONTRACTORS LISTED ABOVE WERE CONTACTED BY MY FIRM, AND REQUESTED TO SUBMIT QUOTES ON THE ABOVE REFERENCED PROJECT. ALL INTERESTED SUBCONTRACTORS WERE NEGOTIATED WITH IN GOOD FAITH.

I hereby certify that the above referenced information is true and accurate.

Inaccurate information provided in the bid document will be reported to the North Carolina Attorney Generals office and result in investigations and/or legal action against the bidder.

SIGNED: _________________________________________ TITLE: ____________________________ COMPANY:

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 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 10th Floor, 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 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

G-2 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, MBE/WBE/HUB/DBE forms or other documents will be cause for declaring the bid non-responsive and cause for rejection.

G-1.04.2 Each proposal shall be accompanied by a cash deposit or certified check, said check to be payable to the City of Wilmington, and to be drawn on some bank or trust company insured by the Federal Deposit Insurance Corporation, in an amount equal to not less than five percent (5%) of the proposal. In lieu of making a cash or certified check deposit, as above provided, a bidder may file a bid bond executed by a corporate surety, licensed under the laws of the State of North Carolina to execute such bonds, said bid bond to be in an amount equal to not less than five percent (5%) of the amount of the bid, and said bid bond to be conditioned so that the surety will, upon demand, forthwith make payment to the City of Wilmington upon said bond if the bidder fails to execute the contract as provided below, and upon failure to forthwith make payment, the surety shall pay to the City an amount equal to the amount of said bid bond. Said deposit of cash, certified check, or bid bond to be forfeited to the City of Wilmington in the event of the bidder's failure to execute the contract within ten (10) days after award, as required by Section 143-129 of the General Statutes of North Carolina, Volume 3, as amended.

Deposits will be retained by the City, as property of the several bidders until the award of the contract is made, or all bids are rejected, after which the deposits will be returned.

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 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, 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

G-3 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…