NEW CASTLE COUNTY Department of Administration Notice & Invitation to Bid COMMONS BOULEVARD PATHWAY PHASE 2 Sealed bids are invited for the construction of the Commons Boulevard Pathway Phase 2 as summarized below. Project description: To construct a one-mile section of shared-use path along the north side of SR 37 (Commons Blvd) from the intersection of SR 141 and Commons Blvd to the intersection of Airport Road and Commons Blvd in New Castle County, Delaware. Bids addressed to the New Castle County Purchasing Division will be received by the Purchasing Division, New Castle County Government Center, 87 Reads Way, New Castle, DE, 19720, telephone (302) 395-5250 until 2:00 p.m. May 12, 2026, when they will be opened and read publicly. Bid envelopes shall carry a clear notation "Commons Boulevard Pathway Phase 2," Contract No.: 2026-06, Bid No.: 26-2601. Plans and Specifications may be obtained on and after April 7, 2026. Please call (302) 395-5749 or (302) 395-5751, or e-mail john.wolos@newcastlede.gov or Monnica.Brutus@newcastlede.gov to arrange for digital copies. Bids shall be accompanied by a bidder's bond or certified check in an amount equal to 10 percent of the bid price, payable to New Castle County and conditioned to be forfeited to said County for failure to enter into a contract, if awarded. Awards, if any, will be made to the lowest responsible bidder. The County reserves the right to reject all bids and to waive minor irregularities. Bidders are required to submit all Proposal pages with their bid. The Proposal must be signed and sealed. A bid bond must be included with the Proposal. The CRC form, if not already submitted, the Alcohol & Drug Testing Affidavit, the Small Business Enterprise Program forms and all other Proposal forms must be included with your submission. Any deviation from these instructions may result in the rejection of your bid. The successful Bidder will be required to give bond of a surety company, acceptable to the County, and licensed to do business in the State of Delaware, in the amount of the contract price. PREVAILING WAGES Contractors and subcontractors are required to pay the minimum wages to laborers and mechanics as determined by the US Dept of Labor and/or the State of Delaware Department of Labor and report payroll information to the US Department of Labor and New Castle County. The applicable wage rate decisions are contained in the specification. Payroll information must be reported electronically to New Castle County. Contractors must also comply with 40 U.S.C §3702 and 3704 (the Contract Work Hours and Safety Standards Act) as supplemented by the Department of Labor Regulations at 29 CFR, Part 5. CONTRACTOR/SUBCONTRACTOR RESPONSIBILITY CERTIFICATION Contractors proposing to submit a bid to New Castle County for a Public Works contract expected to exceed $500,000 are required to complete and submit a signed original Contractor Responsibility Certification (CRC) form. The New Castle County Department of Public Works Contracts Officer must receive this executed form no later than the advertised deadline for bid submittals. Failure to submit the form by that time shall result in the County's inability to consider your bid for award. CRC forms submitted by facsimile will not be accepted. Bidders are encouraged to submit the form in advance of the bid. The form is printed in the specification and also available at: https://newcastlede.qov/documentcenter/view/46791. Please see New Castle County Code Section 2.05.303.(D) for additional requirements and information. ALCOHOL & DRUG TESTING New Castle County Code, Section 2.05.305 requires contractors and subcontractors to implement a mandatory alcohol & drug testing program for their employees who work pursuant to a Public Works contract. Included in the specifications for this project is an affidavit certifying compliance with the Ordinance. This affidavit must be executed and submitted with the bid. Failure to submit the affidavit by that time shall result in the County's inability to consider your bid for award. Forms submitted by facsimile will not be accepted. SMALL BUSINESS ENTERPRISE PROGRAM This contract will be awarded pursuant to New Castle County's Small Business Enterprise ("SBE") Program. All bidders must comply with the SBE Program by either (i) satisfying the Project Goal through utilization of one or more SB E's to perform the work under the contract: or (ii) demonstrate their good faith effort to obtain SBE participation in the contract. SBE Program forms are available on New Castle County's website and are included in the project specification. These forms must be included with your bid. Further information regarding the SBE Program, including guidance for compliance with the Project Goal, can be found by contacting the SBE Program Coordinator, Helen Foster, at helen.foster@newcastlede.gov or (302) 395-5198. The SBE participation goal for this contract is 2 %. BUY AMERICA REQUIREMENT The Build America, Buy America Act (BABA), enacted as part of the Bipartisan Infrastructure Law (BIL) requires iron, steel, manufactured products, and construction materials used in infrastructure projects funded by Federal financial assistance to be produced in the United States (U.S.). In accordance with 23 U.S.C. 313 and 23 CFR 635.41 O, all iron and steel materials permanently incorporated into this project will be produced in the U.S. and all manufacturing processes involving these materials will occur in the U.S., except that a minimal amount of foreign steel or iron materials may be used, provided the cost of the foreign materials does not exceed 0.1 percent of the total Contract cost or $2,500.00, whichever is greater. If such minimal amount of foreign steel is used, the Contractor shall maintain a record of the costs to ensure that the allowable limit is not exceeded. In accordance with 23 CFR 635.41 O, the final manufacturing process of all manufactured products that will be permanently incorporated into this project will be performed in the U.S. Iron or steel components of precast concrete products and cabinets or enclosures of any intelligent transportation systems and other electronic hardware systems classified as a manufactured product which is permanently incorporated into this project will be produced in the U.S. and all manufacturing processes involving the iron and steel will occur in the U.S., except that a minimal amount of foreign steel or iron materials may be used, provided the cost of the foreign materials does not exceed 0.1 percent of the total Contract cost or $2,500.00, whichever is greater. If such minimal amount of foreign steel is used, the Contractor shall maintain a record of the costs to ensure that the allowable limit is not exceeded. In accordance with 2 CFR 184, all non-ferrous metals, plastic and polymer-based products, glass, fiber optic cable, optical fiber, lumber, drywall, and engineered wood construction material permanently incorporated into this project will be produced in the U.S. DelDOT maintains a list of all pay items, the applicable BABA category designation, and additional guidance at the following address: https//deldot.gov/Business/prodlists/index.shtml?dc=buyAmerica. By signing and submitting this proposal, the bidder certifies that: '·All materials that will be permanently incorporated into this project will meet the Buy America material requirements. At the Department's request, l/we will provide manufacturer's/supplier's documentation verifying domestic origin as defined in the Contract. All Materials accepted on the basis of such Certificate of Compliance may be sampled by the Department and tested at any time. Use of Material on the basis of Certificate of Compliance shall not relieve the Contractor of responsibility for incorporating Material in the Project conforming to the requirements of the Contract. Any Material not conforming to such requirements will be subject to rejection whether in place or not. The Department reserves the right to refuse to permit the use of Material on the basis of Certificate of Compliance." MANDATORY PREBID MEETING There will be pre-bid meeting at 9:00 a.m. on April 22, 2026 in the William J. Conner Building, 187-A Old Churchmans Road, New Castle, DE. Interested bidders will be sent a Teams meeting invitation for virtual attendance. Attendance at the meeting is mandatory. Jon Yearly Acting Chief ofîechnology and Administrative Services Bid # 26-2601 April 8, 15 2026 LDOV0494031