SCO-17-17791-01B.pdf

PROJECT MANUAL

University of North Carolina Chapel Hill Giles F. Horney Building

103 Airport Drive

Chapel Hill, NC 27599

SCO ID #17-17791-01B

CIP 669 UNC Parking Decks – LED Lighting Safety Upgrades:

Jackson, Rams, Cobb Decks

DEVITA & ASSOCIATES, INC.

PROJECT NO. 18201

March 26, 2024

Bid Set

ELECTRICAL ENGINEER

DIVISION 26

DeVita & Associates, Inc.

205 Regency Executive Park Drive Suite 315 Charlotte, NC 28217 Kim C. Wooten, PE Lic # NC 19586

DeVita & Associates, Inc. UNC Chapel Hill 205 Regency Executive Park Drive Parking Decks Suite 315 LED Lighting Safety Upgrades Charlotte, NC Jackson, Rams, Cobb Decks

(877) 4-DEVITA - PH 103 Airport Drive NC Firm License #C-0819 Chapel Hill, NC www.devitainc.com 27599

SECTION 00 01 10 - TABLE OF CONTENTS

3/26/2024

UNC Chapel Hill

Parking Decks

LED Lighting Safety Upgrades

Jackson, Ram's Head, Cobb Decks

SCO ID# 17-17791-01B

DIVISION 00 - PROCUREMENT AND CONTRACTING REQUIREMENTS Pages

PROJECT MANUAL COVER & SEALS 1

TABLE OF CONTENTS 2

NOTICE TO BIDDERS 3

INSTRUCTIONS TO BIDDERS AND GENERAL CONDITIONS OF THE CONTRACT 45

SUPPLEMENTARY INSTRUCTIONS TO BIDDERS AND GENERAL CONDITIONS 6

UNC MINORITY BUSINESS FORMS (Affidavits A, B, C, D and Appendix E) 7

FORMS

Form of Proposal 5

Form of Bid Bond 1 1

Form of Construction Contract 33

Form of Performance Bond 22

Form of Payment Bond 22

Sheet for attaching Power of Attorney 11

Sheet for attaching Insurance Certificates 11

Sheet for Approval of the Attorney General/Campus Attorney 11

Sheet for the Office of State Budget/Campus Form 11

DIVISION 1 - GENERAL REQUIREMENTS

00 01 15 LIST OF DRAWING SHEETS 2

01 10 00 SUMMARY 4

01 22 00 UNIT PRICES 2

01 23 00 ALTERNATES 2

01 26 00 CONTRACT MODIFICATION POROCEDURES 2

01 27 00 PROJECT MANAGEMENT AND COORDINATION 4

01 29 00 PAYMENT PROCEDURES 3

01 31 19 PROJECT MEETINGS 2

01 32 00 CONSTRUCTION PROGRESS DOCUMENTATION 4

01 33 00 SUBMITTAL PROCEDURES 10

01 40 00 QUALITY REQUIREMENTS 9

01 50 00 TEMPORARY FACILITIES 1

01 63 00 SUBSTITUTION PROCEDURES 3

01 77 00 CLOSE OUT PROCEDURES 2

01 78 23 OPERATION AND MAINTENANCE DATA 6

01 79 00 DEMONSTRATION AND TRAINING 4

DIVISION 26 -

ELECTRICAL

26 05 50 COMMON WORK RESULTS FOR ELECTRICAL 3

26 05 19

LOW-VOLTAGE ELECTRICAL POWER CONDUCTORS &

CABLES

26 05 26 GROUNDING AND BONDING FOR ELECTRICAL SYSTEMS 3

26 05 29 HANGERS AND SUPPORTS FOR ELECTRICAL SYSTEMS 4

26 05 33 RACEWAYS AND BOXES FOR ELECTRICAL SYSTEMS 6

26 05 53 IDENTIFICATION FOR ELECTRICAL SYSTEMS 5

26 09 23 LIGHTING CONTROL DEVICES 4

26 43 13

SURGE PROTECTIVE DEVICES FOR LOW VOLTAGE

SYSTEMS

26 56 19 LED EXTERIOR LIGHTING 4

END OF TABLE OF CONTENTS

NOTICE TO BIDDERS

N O T I C E TO B I D D E R S

Sealed proposals will be received from contractors only by:

University of North Carolina at Chapel Hill Attn: Mr. Misha Meinert, Sr. Electrical Engineer Giles F. Horney Building 103 Airport Drive, Chapel Hill, NC 27599-1090 919.259.2539 up to 2:00 pm on Wednesday, April 17, 2024, and immediately thereafter publicly opened and read for the furnishing of labor, material and equipment for the demolition, removal, and disposal of existing lighting fixtures in the three parking decks, and the installation of new lighting fixtures throughout. New surge protective devices are being added to power distribution panels. Emergency lighting circuits are being added to serve egress paths. New exit signs are being installed. Demolition shall include the removal and recycling and/or legal disposal of debris including possibly hazardous materials including, but not limited to, ballasts and mercury containing lamps and thermostats.

Bids will be received for a Single Prime contract. The proposal shall be a lump sum. Contractors shall carry a license in the State of North Carolina as a general classification for Electrical Contractor (EC). EC to have a fully staffed permanent office, at a minimum for the past five (5) years and located within 75 miles of the project.

The deadline for all questions will be Monday, April 8, 2024, BY NOON.

Pre-Bid Meeting

An open pre-bid meeting will be held for all interested bidders on Wednesday, April 3, 2024, at 2:00 pm.

Meet at the south entrance circle Houpt Physician’s Office Building* where we will walk to the Jackson Circle Parking Deck (Facility 361). Limited parking is available at the nearby Dogwood Parking Deck.

Contractors may conduct their own additional site visits to the Cobb Parking Deck (Facility 648) for Alternate #1 and Ram’s Head Center Parking Deck (Facility 392) for Alternate # 2, respectively. There are a limited number of metered parking spots near the Cobb Deck and you can pay to park in the Ram’s Head Deck.

The meeting will address project specific questions, issues, bidding procedures and bid forms.

*Meet at the red circle below:

Complete plans, specifications and contract documents will be open for inspection in the offices of DeVita and Associates, Inc., 205 Regency Executive Park Drive, Suite 315, Charlotte, NC 28217. Bid documents may be obtained by those qualified as prime bidders in PDF format for free or in printed format upon deposit of one hundred and fifty dollars ($150.00) in cash or certified check. The full plan deposit will be returned to those bidders, provided all documents are returned in good, usable condition within ten (10) days after the bid date.

Bidding documents, plans and specifications are published to the electronic plan room for the network of registered member contractors of The Blue Book and Dodge Network. This includes Construct Connect (previously ISQFT) which will also connect to AGC online. In addition, they will be uploaded to NC EVP and NC HUB.

MINORITY BUSINESS SUBCONTRACT GOALS:

The minimum goals for participation by minority or socially and economically disadvantaged businesses in the total value of work for this project has been set at 10%.

Minority is defined as a citizen or lawful permanent resident of U.S. who is: Black, Hispanic, Asian American, American Indian or Female. Socially and economically disadvantaged person is defined by 15 U.S.C 637.

To be considered toward the statutory goal of 10%, minority businesses must be certified by the State HUB Office.

The bidder must identify on its bid (by using the “Identification of HUB Certified/Minority Business

Participation” form provided in the bid documents, the minority businesses that will be utilized on the project with corresponding total dollar value of the bid.

In addition, the bidder must submit with his/her bid an affidavit (Affidavit A) listing good faith efforts

(must have a total 50 points for bid to be considered responsive).

OR

State of NC Affidavit B – Intent to Perform Contract with Own Workforce. If the bidder does not customarily subcontract work on this type project and has all material and supplies required for the project. Bidders may be asked to provide additional documentation in support of the claim of self-performance and regarding the Good Faith Effort to utilize minority suppliers where possible.

The above information must be provided as required. Failure to submit these documents is grounds for rejection of the bid.

Bid amounts from rejected bids shall not be read aloud at public bid openings.

Within 72 hours of notification of being named the apparent lowest responsible, responsive bidder, provide one of the following:

State of NC Affidavit C – Portion of the Work to be Performed by HUB Certified/Minority

Businesses if the work to be executed by HUB firms is equal to or greater than 10% of bidder’s total contract price. Affidavit C includes a description of the portion of work to be executed by minority businesses, expressed as a percentage of the total contract price, and lists the participating minority firms with the dollar value of their contracts.

-OR-

State of NC Affidavit D – Good Faith Efforts if work to be executed by HUB firms is less than 10% of bidder’s total contract price. All evidentiary documents to prove Good Faith Efforts as outlined in paragraphs A-I on the form must also be provided.

Appendix E – MBE Documentation for Contract Payments must be submitted along with each Payment Application and FINAL Payment Request.

All contractors are hereby notified that they must have a proper license as required under the state laws governing their respective trades.

General contractors are notified that Chapter 87, Article 1, General Statutes of North Carolina, will be observed in receiving and awarding general contracts. General contractors submitting bids on this project must have license classification as set forth the license classification required by the NC General Contractors Licensing Board under G.S. 87-1)

NOTE--SINGLE PRIME CONTRACTS: Under GS 87-1, a contractor that superintends or manages construction of any building, highway, public utility, grading, structure, or improvement shall be deemed a “general contractor” and shall be so licensed. Therefore, a single prime project that involves other trades will require the single prime contractor to hold a proper General Contractors license. EXCEPT: On public buildings being bid single prime, where the total value of the general construction does not exceed 25% of the total construction value, contractors under GS87- Arts 2 and 4 (Plumbing, Mechanical & Electrical) may bid and contract directly with the Owner as the SINGLE PRIME CONTRACTOR and may subcontract to other properly licensed trades. GS87-1.1- Rules .0210.

Each proposal shall be accompanied by a cash deposit or a certified check drawn on some bank or trust company, insured by the Federal Deposit Insurance Corporation, of an amount equal to not less than five percent (5%) of the proposal, or in lieu thereof a bidder may offer a bid bond of five percent (5%) of the bid executed by a surety company licensed under the laws of North Carolina to execute the contract in accordance with the bid bond. Said deposit shall be retained by the owner as liquidated damages in event of failure of the successful bidder to execute the contract within ten days after the award or to give satisfactory surety as required by law.

A performance bond and a payment bond will be required for one hundred percent (100%) of the contract price.

Payment will be made based on ninety-five percent (95%) of monthly estimates and final payment made upon completion and acceptance of work.

No bid may be withdrawn after the scheduled closing time for the receipt of bids for a period of 30 days.

The owner reserves the right to reject any or all bids and to waive informalities.

Designer: Owner:

DeVita & Associates, Inc. UNC Chapel Hill (Name) (Agency/Institution)

205 Regency Executive Park Drive, Ste 315 103 Airport Drive Charlotte, NC 28217 Chapel Hill, NC 27599 (Address) (Address)

984.222.1553 919.259.2539 (Phone) (Phone) http://www.ncleg.net/EnactedLegislation/Statutes/HTML/BySection/Chapter_87/GS_87-1.html http://www.nclbgc.org/pages/LawNReg.pdf http://www.nclbgc.org/pages/LawNReg.pdf

INSTRUCTIONS TO BIDDERS

AND

GENERAL CONDITIONS OF THE CONTRACT

STANDARD FORM FOR CONSTRUCTION PROJECTS

UNIVERSITY OF NORTH CAROLINA

SYSTEM OFFICE

Sixth Edition – June 2021

INSTRUCTIONS TO BIDDERS

For a proposal to be considered it must be in accordance with the following instructions:

1. PROPOSALS

Proposals must be made in strict accordance with the Form of Proposal provided therefor, and all blank spaces for bids, alternates and unit prices applicable to bidders work shall be properly filled in. When requested alternates are not bid, the proposer shall so indicate by the words “No Bid”. Any blanks shall also be interpreted as “No Bid”. The bidder agrees that bid on Form of Proposal detached from specifications will be considered and will have the same force and effect as if attached thereto. Photocopied or faxed proposals will not be considered. Numbers shall be stated both in writing and in figures for the base bids and alternates. If figures and writing differ, the written number will supersede the figures.

Any modifications to the Form of Proposal (including alternates and/or unit prices) will disqualify the bid and may cause the bid to be rejected.

The bidder shall fill in the Form of Proposal as follows:

a. If the documents are executed by a sole owner, that fact shall be evidenced by the word

"Owner" appearing after the name of the person executing them.

b. If the documents are executed by a partnership, that fact shall be evidenced by the word

"Co-Partner" appearing after the name of the partner executing them.

c. If the documents are executed on the part of a corporation, they shall be executed by either the president or the vice president and attested by the secretary or assistant secretary in either case, and the title of the office of such persons shall appear after their signatures. The seal of the corporation shall be impressed on each signature page of the documents.

d. If the proposal is made by a joint venture, it shall be executed by each member of the joint venture in the above form for sole owner, partnership or corporation, whichever form is applicable.

e. All signatures shall be properly witnessed.

f. If the contractor's license of a bidder is held by a person other than an owner, partner or officer of a firm, then the licensee shall also sign and be a party to the proposal. The title "Licensee" shall appear under his/her signature.

Proposals should be addressed as indicated in the Advertisement for Bids and be delivered enclosed in an opaque sealed envelope, marked "Proposal" and bearing the title of the work, name of the bidder, and the contractor's license number of the bidder. Bidders should clearly mark on the outside of the bid envelope which contract(s) they are bidding.

Bidder shall identify with appropriate attachments to the bid, the minority businesses that will be utilized on the project with corresponding total dollar value of the bid and affidavit listing good faith efforts or an affidavit indicating work under contract will be self-performed, as required by G.S. 143-128.2 (c) and G.S. 143-128.2 (f). Failure to comply with these requirements is grounds for rejection of the bid.

For projects bid in the single-prime alternative, the names and license numbers of major subcontractors shall be listed on the proposal form.

It shall be the specific responsibility of the bidder to deliver his bid to the proper official at the selected place and prior to the announced time for the opening of bids. Later delivery of a bid for any reason, including delivery by any delivery service, shall disqualify the bid.

Unit prices quoted in the proposal shall include overhead and profit and shall be the full compensation for the contractor's cost involved in the work. See General Conditions, Article 19c-1.

2. EXAMINATION OF CONDITIONS

It is understood and mutually agreed that by submitting a bid the bidder acknowledges that he has carefully examined all documents pertaining to the work, the location, accessibility and general character of the site of the work and all existing buildings and structures within and adjacent to the site, and has satisfied himself as to the nature of the work, the condition of existing buildings and structures, the conformation of the ground, the character, quality and quantity of the material to be encountered, the character of the equipment, machinery, plant and any other facilities needed preliminary to and during prosecution of the work, the general and local conditions, the construction hazards, and all other matters, including, but not limited to, the labor situation which can in any way affect the work under the contract, and including all safety measures required by the Occupational Safety and Health Act of 1970 and all rules and regulations issued pursuant thereto. It is further mutually agreed that by submitting a proposal the bidder acknowledges that he has satisfied himself as to the feasibility and meaning of the plans, drawings, specifications and other contract documents for the construction of the work and that he accepts all the terms, conditions and stipulations contained therein; and that he is prepared to work in cooperation with other contractors performing work on the site.

Reference is made to contract documents for the identification of those surveys and investigation reports of subsurface or latent physical conditions at the site or otherwise affecting performance of the work which have been relied upon by the designer in preparing the documents. The owner will make copies of all such surveys and reports available to the bidder upon request.

Each bidder may, at his own expense, make such additional surveys and investigations as he may deem necessary to determine his bid price for the performance of the work. Any on-site investigation shall be done at the convenience of the owner. Any reasonable request for access to the site will be honored by the owner.

3. BULLETINS AND ADDENDA

Any addenda to specifications issued during the time of bidding are to be considered covered in the proposal and in closing a contract they will become a part thereof. It shall be the bidder's responsibility to ascertain prior to bid time the addenda issued and to see that his bid includes any changes thereby required.

Should the bidder find discrepancies in, or omission from, the drawings or documents or should he be in doubt as to their meaning, he shall at once notify the designer who will send written instructions in the form of addenda to all bidders. Notification should be no later than seven (7) days prior to the date set for receipt of bids. Neither the owner nor the designer will be responsible for any oral instructions.

All addenda should be acknowledged by the bidder(s) on the Form of Proposal. However, even if not acknowledged, by submitting a bid, the bidder has certified that he has reviewed all issued addenda and has included all costs associated within the bid.

4. BID SECURITY

Each proposal shall be accompanied by a cash deposit or a certified check drawn on some bank or trust company insured by the Federal Deposit Insurance Corporation, or a bid bond in an amount equal to not less than five percent (5%) of the proposal, said deposit to be retained by the owner as liquidated damages in event of failure of the successful bidder to execute the contract within ten (10) days after the award or to give satisfactory surety as required by law (G.S. 143-129).

Bid bond shall be conditioned that the surety will, upon demand, forthwith make payment to the obligee upon said bond if the bidder fails to execute the contract. The owner may retain bid securities of any bidder(s) who may have a reasonable chance of award of contract for the full duration of time stated in the Notice to Bidders. Other bid securities may be released sooner, at the discretion of the owner. All bid securities (cash or certified checks) shall be returned to the bidders promptly after award of contracts, and no later than seven (7) days after expiration of the holding period stated in the Notice to Bidders. Standard Form of Bid Bond is included in these specifications and shall be used.

5. RECEIPT OF BIDS

Bids shall be received in strict accordance with requirements of the General Statutes of North

Carolina. Bid security shall be required as prescribed by statute. Prior to the closing of the bid, the bidder will be permitted to change or withdraw his bid. Guidelines for opening of public construction bids are available from the owner.

6. OPENING OF BIDS

Upon opening, all bids shall be read aloud. Once bidding is closed, there shall not be any withdrawal of bids by any bidder and no bids may be returned by the designer to any bidder.

After the opening of bids, no bid may be withdrawn, except under the provisions of General Statute 143-129.1, for a period of thirty days unless otherwise specified. Should the successful bidder default and fail to execute a contract, the contract may be awarded to the next lowest and responsible bidder. The owner reserves the unqualified right to reject any and all bids. Reasons for rejection may include, but shall not be limited to, the following:

a. If the Form of Proposal furnished to the bidder is not used or is altered.

b. If the bidder fails to insert a price for all bid items, alternate and unit prices requested.

c. If the bidder adds any provisions reserving the right to accept or reject any award.

d. If there are unauthorized additions or conditional bids, or irregularities of any kind which tend to make the proposal incomplete, indefinite or ambiguous as to its meaning.

e. If the bidder fails to complete the proposal form where information is requested so the bid may be properly evaluated by the owner.

f. If the unit prices contained in the bid schedule are unacceptable to the owner.

g. If the bidder fails to comply with other instructions stated herein.

7. BID EVALUATION

The award of the contract will be made to the lowest responsible bidder as soon as practical.

The owner may award on the basis of the base bid and any alternates the owner chooses.

Before awarding a contract, the owner may require the apparent low bidder to qualify himself to be a responsible bidder by furnishing any or all of the following data:

a. The latest financial statement showing assets and liabilities of the company or other information satisfactory to the owner.

b. A listing of completed projects of similar size.

c. Permanent name and address of place of business.

d. The number of regular employees of the organization and length of time the organization has been in business under present name.

e. The name and home office address of the surety proposed and the name and address of the responsible local claim agent.

f. The names of members of the firms who hold appropriate trade licenses, together with license numbers.

g. If prequalified, contractor information may be reviewed and evaluated comparatively to submitted prequalification package.

Failure or refusal to furnish any of the above information, if requested, shall constitute a basis for disqualification of any bidder.

In determining the lowest responsible, responsive bidder, the owner shall take into consideration the bidder’s compliance with the requirements of G.S. 143-128.2(c), the past performance of the bidder on construction contracts for the State with particular concern given to completion times, quality of work, cooperation with other contractors, and cooperation with the designer and owner. Failure of the low bidder to furnish affidavit and/or documentation as required by G.S. 143-128.2(c) shall constitute a basis for disqualification of the bid.

Should the owner adjudge that the apparent low bidder is not the lowest responsible, responsive bidder by virtue of the above information, said apparent low bidder will be so notified and his bid security shall be returned to him.

8. PERFORMANCE BOND

The successful bidder, upon award of contract, shall furnish a performance bond in an amount equal to 100 percent of the contract price. See Article 35, General Conditions.

9. PAYMENT BOND

The successful bidder, upon award of contract, shall furnish a payment bond in an amount equal to 100 percent of the contract price. See Article 35, General Conditions.

10. PAYMENTS

Payments to the successful bidders (contractors) will be made on the basis of monthly estimates of completed work. See Article 31, General Conditions.

11. PRE-BID CONFERENCE

Prior to the date set for receiving bids, the Designer may arrange and conduct a Pre-Bid

Conference for all prospective bidders. The purpose of this conference is to review project requirements and to respond to questions from prospective bidders and their subcontractors or material suppliers related to the intent of bid documents. Attendance by prospective bidders shall be as required by the “Notice to Bidders”.

12. SUBSTITUTIONS

In accordance with the provisions of G.S. 133-3, material, product, or equipment substitutions proposed by the bidders to those specified herein can only be considered during the bidding phase until ten (10) days prior to the receipt of bids when submitted to the Designer with sufficient data to confirm material, product, or equipment equality. Proposed substitutions submitted after this time will be considered only as potential change order.

Submittals for proposed substitutions shall include the following information:

a. Name, address and telephone number of manufacturer and supplier as appropriate.

b. Trade name, model or catalog designation.

c. Product data including performance and test data, reference standards, and technical descriptions of material, product, or equipment. Include color samples and samples of available finishes as appropriate.

d. Detailed comparison with specified products including performance capabilities, warranties, and test results.

e. Other pertinent data including data requested by the Designer to confirm product equality.

If a proposed material, product, or equipment substitution is deemed equal by the Designer to those specified, all bidders of record will be notified by Addendum.

GENERAL CONDITIONS OF THE CONTRACT

The use or reproduction of this document or any part thereof is authorized for and limited to use on projects of the University of North Carolina, and is distributed by, through and at the discretion of UNC System Office, Chapel Hill, North Carolina, for that distinct and sole purpose.

TABLE OF CONTENTS

ARTICLE TITLE PAGE

1 Definitions 2 Intent and Execution of Documents 3 Clarifications and Detail Drawings 4 Copies of Drawings and Specifications 5 Shop Drawings, Submittals, Samples, Data 6 Working Drawings and Specifications at the Job Site 7 Ownership of Drawings and Specifications 8 Materials, Equipment, Employees 9 Royalties, Licenses and Patents 10 Permits, Inspections, Fees, Regulations 11 Protection of Work, Property and the Public 12 Sedimentation Pollution Control Act of 1973 13 Inspection of the Work 14 Construction Supervision and Schedule 15 Separate Contracts and Contractor Relationships 16 Subcontracts and Subcontractors 17 Contractor and Subcontractor Relationships 18 Designer's Status 19 Changes in the Work 20 Claims for Extra Cost 21 Minor Changes in the Work 22 Uncorrected Faulty Work 23 Time of Completion, Delays, Extension of Time 24 Partial Utilization: Beneficial Occupancy 25 Final Inspection, Acceptance, and Project Closeout 26 Correction of Work Before Final Payment 27 Correction of Work After Final Payment 28 Owner's Right to Do Work 29 Annulment of Contract 30 Contractor's Right to Stop Work or Terminate the Contract 31 Requests for Payments 32 Certificates of Payment and Final Payment 33 Payments Withheld 34 Minimum Insurance Requirements 35 Performance Bond and Payment Bond 36 Contractor's Affidavit 37 Assignments 38 Use of Premises 39 Cutting, Patching and Digging 40 Utilities, Structures, Signs 41 Cleaning Up 42 Guarantee 43 Codes and Standards 44 Indemnification 45 Taxes

46 Equal Opportunity Clause 47 Employment of the Handicapped 48 Asbestos-Containing Materials (ACM) 49 Minority Business Participation 50 Contractor Evaluation ……………………………………………………………………………………………….. 43 51 Gifts ……………………………………………………………………………………. ……………………………………..43 52 Auditing Access to Persons and Records …………………………………………………………………….43 53 North Carolina False Claims Act………………………………………………………………………………… ..43 54 Termination for Convenience ………………………………………………………………………………………45

ARTICLE 1 - DEFINITIONS

a. The contract documents consist of the Notice to Bidders; Instructions to Bidders; General

Conditions of the Contract; special conditions if applicable; Supplementary General Conditions; the drawings and specifications, including all bulletins, addenda or other modifications of the drawings and specifications incorporated into the documents prior to their execution; the proposal; the contract; the performance bond; the payment bond;

insurance certificates; the approval of the university attorney; and the certificate of the Office of State Budget and Management. All of these items together form the contract.

b. The owner is the State of North Carolina through the agency named in the contract.

c. The designer(s) are those referred to within this contract, or their authorized representatives. The designer(s), as referred to herein, shall mean architect and/or engineer. They will be referred to hereinafter as if each were of the singular number, masculine gender.

d. The contractor, as referred to hereinafter, shall be deemed to be either of the several contracting parties called the "Party of the First Part" in either of the several contracts in connection with the total project. Where, in special instances hereinafter, a particular contractor is intended, an adjective precedes the word "contractor," as "general," "heating," etc. For the purposes of a single prime contract, the term Contractor shall be deemed to be the single contracting entity identified as the “Party of the First Part” in the single Construction Contract. Any references or adjectives that name or infer multiple prime contractors shall be interpreted to mean the single prime Contractor.

e. A subcontractor, as the term is used herein, shall be understood to be one who has entered into a direct contract with a contractor, and includes one who furnishes materials worked to a special design in accordance with plans and specifications covered by the contract, but does not include one who only sells or furnishes materials not requiring work so described or detailed.

f. Written notice shall be defined as notice in writing delivered in person to the contractor, or to a partner of the firm in the case of a partnership, or to a member of the contracting organization, or to an officer of the organization in the case of a corporation, or sent to the last known business address of the contracting organization by registered mail.

g. Work, as used herein as a noun, is intended to include materials, labor and workmanship of the appropriate contractor.

h. The project is the total construction work to be performed under the contract documents by the several contractors.

i. Project expediter, as used herein, is an entity stated in the contract documents, designated to effectively facilitate scheduling and coordination of work activities. See Article 14(f) for responsibilities of a Project Expediter. For the purposes of a single prime contract, the single prime contractor shall be designated as the Project Expediter.

j. Change order, as used herein, shall mean a written order to the contractor subsequent to the signing of the contract authorizing a change in the contract. The change order shall be signed by the contractor and designer and approved by the owner in that order (Article 19).

k. Field Order, as used herein, shall mean a written approval for the contractor to proceed with the work requested by owner prior to issuance of a formal Change Order. The field order shall be signed by the contractor, designer, and owner .

l. Time of completion, as stated in the contract documents, is to be interpreted as consecutive calendar days measured from the date established in the written Notice to Proceed, or such other date as may be established herein (Article 23).

m. Liquidated damages, as stated in the contract documents, is an amount reasonably estimated in advance to cover the consequential damages associated with the Owner’s economic loss in not being able to use the Project for its intended purposes at the end of the contract’s completion date as amended by change order, if any, by reason of failure of the contractor(s) to complete the work within the time specified. Liquidated damages does not include the Owner’s extended contract administration costs (including but not limited to additional fees for architectural and engineering services, testing services, inspection services, commissioning services, etc.), such other damages directly resulting from delays caused solely by the contractor, or consequential damages that the Owner identified in the bid documents that may be impacted by any delay caused solely by the Contractor (e.g., if a multi-phased project-subsequent phases, delays in start of other projects that are dependent on the completion of this Project, extension of leases and/or maintenance agreements for other facilities).

n. Surety, as used herein, shall mean the bonding company or corporate body which is bound with and for the contractor, and which engages to be responsible for the contractor and his acceptable performance of the work.

o. Routine written communications between the Designer and the Contractor, are any communication other than a “request for information” provided in letter, memo, or transmittal format, sent by mail, courier, electronic mail, or facsimile. Such communications cannot be identified as “request for information.”

p. Clarification or Request for information (RFI), is a request from the Contractor seeking an interpretation or clarification by the Designer relative to the contract documents. The RFI, which shall be labeled (RFI), shall clearly and concisely set forth the issue or item requiring clarification or interpretation and why the response is needed. The RFI must set forth the Contractor’s interpretation or understanding of the contract documents requirements in question, along with reasons for such an understanding.

q. Approval, means written or imprinted acknowledgement that materials, equipment or methods of construction are acceptable for use in the work.

r. Inspection, shall mean examination or observation of work completed or in progress to determine its compliance with contract documents.

s. “Equal to” or “approved equal”, shall mean materials, products, equipment, assemblies, or installation methods considered equal by the bidder in all characteristics (physical, functional, and aesthetic) to those specified in the contract documents. Acceptance of equal is subject to the approval of the Designer and Owner.

t. “Substitution” or “substitute”, shall mean materials, products, equipment, assemblies, or installation methods deviating in at least one characteristic (physical, functional, or aesthetic) from those specified, but which in the opinion of the bidder would improve competition and/or enhance the finished installation. Acceptance of substitution is subject to the approval of the Designer and Owner.

u. Provide shall mean furnish and install complete in place, new, clean, operational, and ready for use.

v. Indicated and shown shall mean provide as detailed, or called for, and reasonably implied in the contract documents.

w. Special inspector is one who inspects materials, installation, fabrication, erection or placement of components and connections requiring special expertise to ensure compliance with the approved construction documents and referenced standards.

x. Commissioning is a quality assurance process that verifies and documents that building components and systems operate in accordance with the project design documents.

y. Designer Final Inspection is the inspection performed by the design team to determine the completeness of the project in accordance with approved plans and specifications.

This inspection occurs prior to SCO final inspection.

z. SCO Final Inspection is the inspection performed by the State Construction Office to determine the completeness of the project in accordance with North Carolina Building Codes.

aa. Beneficial Occupancy is requested by the owner and is occupancy or partial occupancy of the building or project after all life safety items have been completed as determined by the State Construction Office. Life safety items include but are not limited to fire alarm, sprinkler, egress and exit lighting, fire rated walls, egress paths and security.

bb. Final Acceptance is the date on which the State Construction Office approves the project as complying with the North Carolina Building Codes and the owner accepts the construction as totally complete. This includes certification by the Designer that all punch list items are completed.

ARTICLE 2 - INTENT AND EXECUTION OF DOCUMENTS

a. The drawings and specifications are complementary, one to the other. That which is shown on the drawings or called for in the specifications shall be as binding as if it were both called for and shown. The intent of the drawings and specifications is to establish the scope of all labor, materials, transportation, equipment, and any and all other things necessary to provide a bid for a complete job. In case of discrepancy or disagreement in the contract documents, the order of precedence shall be: Form of Contract, specifications, large-scale detail drawings, small-scale drawings.

b. The wording of the specifications shall be interpreted in accordance with common usage of the language except that words having a commonly used technical or trade meaning shall be so interpreted in preference to other meanings.

c. The contractor shall execute each copy of the proposal, contract, performance bond and payment bond as follows:

1. If the documents are executed by a sole owner, that fact shall be evidenced by the word "Owner" appearing after the name of the person executing them.

2. If the documents are executed by a partnership, that fact shall be evidenced by the word "Co-Partner" appearing after the name of the partner executing them.

3. If the documents are executed on the part of a corporation, they shall be executed by either the president or the vice president and attested by the secretary or assistant secretary in either case, and the title of the office of such persons shall appear after their signatures. The seal of the corporation shall be impressed on each signature page of the documents.

4. If the documents are made by a joint venture, they shall be executed by each member of the joint venture in the above form for sole owner, partnership or corporation, whichever form is applicable to each particular member.

5. All signatures shall be properly witnessed.

6. If the contractor's license is held by a person other than an owner, partner or officer of a firm, then the licensee shall also sign and be a party to the contract. The title "Licensee" shall appear under his/her signature.

7. The bonds shall be executed by an attorney-in-fact. There shall be attached to each copy of the bond a certified copy of power of attorney properly executed and dated.

8. Each copy of the bonds shall be countersigned by an authorized individual agent of the bonding company licensed to do business in North Carolina. The title "Licensed Resident Agent" shall appear after the signature.

9. The seal of the bonding company shall be impressed on each signature page of the bonds.

10. The contractor's signature on the performance bond and the payment bond shall correspond with that on the contract. The date of the performance and payment bond shall not be prior to the date of the contract.

ARTICLE 3 - CLARIFICATIONS AND DETAIL DRAWINGS

a. In such cases where the nature of the work requires clarification by the designer, such clarification shall be furnished by the designer with reasonable promptness by means of written instructions or detail drawings, or both. Clarifications and drawings shall be consistent with the intent of contract documents, and shall become a part thereof.

b. The contractor(s) and the designer shall prepare, if deemed necessary, a schedule fixing dates upon which foreseeable clarifications will be required. The schedule will be subject to addition or change in accordance with progress of the work. The designer shall furnish drawings or clarifications in accordance with that schedule. The contractor shall not proceed with the work without such detail drawings and/or written clarifications.

ARTICLE 4 - COPIES OF DRAWINGS AND SPECIFICATIONS

The designer or owner shall furnish free of charge to the contractors electronic copies of plans and specifications. If requested by the contractor, paper copies of plans and specifications shall be furnished free of charge as follows:

a. General contractor - Up to twelve (12) sets of general contractor drawings and specifications, up to six (6) sets of which shall include drawings and specifications of all other contracts, plus a clean set of black line prints on white paper of all appropriate drawings, upon which the contractor shall clearly and legibly record all work-in-place that is at variance with the contract documents.

b. Each other contractor - Up to six (6) sets of the appropriate drawings and specifications, up to three (3) sets of which shall include drawings and specifications of all other contracts, plus a clean set of black line prints on white paper of all appropriate drawings, upon which the contractor shall clearly and legibly record all work-in-place that is at variance with the contract documents.

c. Additional sets shall be furnished at cost, including mailing, to the contractor upon request by the contractor. This cost shall be stated in the bidding documents.

d. For the purposes of a single-prime contract, the contractor shall receive up to 30 sets of drawings and specifications, plus a clean set of black line prints on white paper of all appropriate drawings, upon which the contractor shall clearly and legibly record all work-in-place that is at variance with the contract documents.

ARTICLE 5 - SHOP DRAWINGS, SUBMITTALS, SAMPLES, DATA

a. Within 15 consecutive calendar days after the notice to proceed, each prime contractor shall submit a schedule for submission of all shop drawings, product data, samples, and similar submittals through the Project Expediter to the Designer. This schedule shall indicate the items, relevant specification sections, other related submittal data, and the date when these items will be furnished to the designer.

b. The Contractor(s) shall review, approve and submit to the Designer all Shop Drawings, Coordination Drawings, Product Data, Samples, Color Charts, and similar submittal data required or reasonably implied by the Contract Documents. Required Submittals shall bear the Contractor’s stamp of approval, any exceptions to the Contract Documents shall be noted on the submittals, and copies of all submittals shall be of sufficient quantity for the Designer to retain up to three (3) copies of each submittal for his own use plus additional copies as may be required by the Contractor. Submittals shall be presented to the Designer in accordance with the schedule submitted in paragraph (a) so as to cause no delay in the activities of the Owner or of separate Contractors.

c. The Designer shall review required submittals promptly, noting desired corrections if any, and retaining two (2) copies (one for the Designer, one for the owner) for his use.

The remaining copies of each submittal shall be returned to the Contractor not later than twenty (20) days from the date of receipt by the Designer, for the Contractor’s use or for corrections and resubmittal as noted by the Designer. When resubmittals are required, the submittal procedure shall be the same as for the original submittals.

d. Approval of shop drawings/submittals by the Designer shall not be construed as relieving the Contractor from responsibility for compliance with the design or terms of the contract documents nor from responsibility of errors of any sort in the shop drawings, unless such lack of compliance or errors first have been called in writing to the attention of the Designer by the Contractor.

ARTICLE 6 - WORKING DRAWINGS AND SPECIFICATIONS AT THE JOB SITE

a. The contractor shall maintain, in readable condition at his job office, one complete set of working drawings and specifications for his work including all shop drawings. Such drawings and specifications shall be available for use by the designer, his authorized representative, the owner or State Construction Office..

b. The contractor shall maintain at the job office, a day-to-day record of work-in-place that is at variance with the contract documents. Such variations shall be fully noted on project drawings by the contractor and submitted to the designer upon project completion and no later than 30 days after final acceptance of the project.

c. The contractor shall maintain at the job office a record of all required tests that have been performed, clearly indicating the scope of work inspected and the date of approval or rejection.

ARTICLE 7 - OWNERSHIP OF DRAWINGS AND SPECIFICATIONS

All drawings and specifications are instruments of service and remain the property of the State of North Carolina. The use of these instruments on work other than this contract without permission of the owner is prohibited. All copies of drawings and specifications other than contract copies shall be returned to the owner upon request after completion of the work.

ARTICLE 8 - MATERIALS, EQUIPMENT, EMPLOYEES

a. The contractor shall, unless otherwise specified, supply and pay for all labor, transportation, materials, tools, apparatus, lights, power, heat, sanitary facilities, water, scaffolding and incidentals necessary for the completion of his work, and shall install, maintain and remove all equipment of the construction, other utensils or things, and be responsible for the safe, proper and lawful construction, maintenance and use of same, and shall construct in the best and most workmanlike manner, a complete job and everything incidental thereto, as shown on the plans, stated in the specifications, or reasonably implied therefrom, all in accordance with the contract documents.

b. All materials shall be new and of quality specified, except where reclaimed material is authorized herein and approved for use. Workmanship shall at all times be of a grade accepted as the best practice of the particular trade involved, and as stipulated in written standards of recognized organizations or institutes of the respective trades except as exceeded or qualified by the specifications.

c. Upon notice, the contractor shall furnish evidence as to quality of materials.

d. Products are generally specified by ASTM or other reference standard and/or by manufacturer's name and model number or trade name. When specified only by reference standard, the Contractor may select any product meeting this standard, by any manufacturer. When several products or manufacturers are specified as being equally acceptable, the Contractor has the option of using any product and manufacturer combination listed. However, the contractor shall be aware that the cited examples are used only to denote the quality standard of product desired and that they do not restrict bidders to a specific brand, make, manufacturer or specific name; that they are used only to set forth and convey to bidders the general style, type, character and quality of product desired; and that equivalent products will be acceptable. Request for substitution of materials, items or equipment shall be submitted to the designer for approval or disapproval; such approval or disapproval shall be made by the designer prior to the opening of bids. Alternate materials may be requested after the award if it can clearly be demonstrated that it is an added benefit to the owner and the designer and owner approve.

e The designer is the judge of equality for proposed substitution of products, materials or equipment.

f. If at any time during the construction and completion of the work covered by these contract documents, the language, conduct, or attire of any workman of the various crafts be adjudged a nuisance by the owner or designer, or if any workman be considered detrimental to the work, the contractor shall order such parties removed immediately from grounds.

ARTICLE 9 - ROYALTIES, LICENSES AND PATENTS

It is the intention of the contract documents that the work covered herein will not constitute in any way infringement of any patent whatsoever unless the fact of such patent is clearly evidenced herein. The contractor shall protect and save harmless the owner against suit on account of alleged or actual infringement. The contractor shall pay all royalties and/or license fees required on account of patented articles or processes, whether the patent rights are evidenced hereinafter.

ARTICLE 10 - PERMITS, INSPECTIONS, FEES, REGULATIONS

a. The contractor shall give all notices and comply with all laws, ordinances, codes, rules and regulations bearing on the conduct of the work under this contract. If the contractor observes that the drawings and specifications are at variance therewith, he shall promptly notify the designer in writing. See Instructions to Bidders, Paragraph 3, Bulletins and Addenda. Any necessary changes required after contract award shall be made by change order in accordance with Article 19. If the contractor performs any work knowing it to be contrary to such laws, ordinances, codes, rules and regulations, and without such notice to the designer, he shall bear all cost arising therefrom. Additional requirements implemented after bidding will be subject to equitable negotiations.

b. All work under this contract shall conform to the North Carolina State Building Code and other state, local and national codes as are applicable. The cost of all required inspections and permits shall be the responsibility of the contractor and included within the bid proposal. All water taps, meter barrels, vaults and impact fees shall be paid by the contractor unless otherwise noted.

c. Projects constructed by the State of North Carolina or by any agency or institution of the state are not subject to inspection by any county or municipal authorities and are not subject to county or municipal building codes. The contractor shall, however, cooperate with the county or municipal authorities by obtaining building permits. Permits shall be obtained at no cost.

d. Projects involving local funding may be subject also to county and municipal building codes and inspection by local authorities. The Contractor shall pay the cost of these permits and inspections as noted in the specifications.

ARTICLE 11 - PROTECTION OF WORK, PROPERTY AND THE PUBLIC

a. The contractors shall be jointly responsible for the entire site and the building or construction of the same and provide all the necessary protections, as required by the…