SCO-23-25918-01A.pdf

PROJECT MANUAL

DIVISIONS 01 and 26

North Carolina

Department Information Technology

SCO ID #23-25918-01A

WESTERN DATA CENTER

UPS REPLACEMENT

FOREST CITY, NC 28043

DEVITA & ASSOCIATES, INC.

PROJECT # 23505

AUGUST 22, 2024

REBID SET

ELECTRICAL

ENGINEER

DIVISION 26

DeVita & Associates, Inc.

205 Regency Executive Park Drive Suite 315 Charlotte, NC 28217

Tel: 864.527.0318

Travis P. Walker

NC License # 046374

DEVITA & ASSOCIATES WESTERN DATA CENTER UPS REPLACEMENT

205 REGENCY EXEC. PARK DRIVE

SUITE 315

CHARLOTTE, NC 28217

(877) 4-DEVITA-PH

1371 OLD CAROLEEN ROAD.

FOREST CITY, NC 28043

(828) 247-8402 -PH

WWW.DEVITAINC.COM

NC FIRM LICENSE # C-0819

http://www.devitainc.com/ Debbi Chez Stamp

NC Department of Information Technology

Western Data Center

UPS Replacement

SCO ID # 23-25918-01A

Table of Contents Generated by MasterWorks:

8/22/2024

Division Section Title Pages

DIVISION 00 PROCUREMENT AND CONTRACTING REQUIREMENTS

PROJECT MANUAL COVER AND SEALS 1

TABLE OF CONTENTS 2

State Form NOTICE TO BIDDERS 2

State Form FORM OF PROPOSAL 4

State Form IDENTIFICATION OF HUB/ CERTIFIED /MINORITY PARTICIPATION 7

State Form FORM OF BID BOND 1

State Form FORM OF CONSTRUCTION CONTRACT (includes form of P&P bonds) 11

State Form

000115

002213

INSTRUCTIONS TO BIDDERS AND GENERAL CONDITIONS OF THE

CONTRACT (OC-15)

LIST OF DRAWING SHEETS

SUPPLEMENTAL INSTRUCTIONS TO BIDDERS AND GENERAL

CONDITONS

DIVISION 01

011000

012300

012600

012700

012900

013119

013200

013300

014000

015000

016300

017700

017823

017900

019116

GENERAL REQUIREMENTS

SUMMARY

ALTERNATES

CONTRACT MODIFICATION PROCEDURES

PROJECT MANAGEMENT AND COORDINATION

PAYMENT PROCEDURES

PROJECT MEETINGS

CONSTRUCTION PROGRESS DOCUMENTATION

SUBMITTAL PROCEDURES

QUALITY REQUIREMENTS

TEMPORARY FACILITIES

SUBSTITUTION PROCEDURES

CLOSEOUT PROCEDURES

OPERATION AND MAINTENANCE DATA

DEMONSTRATION AND TRAINING

ELECTRICAL FUNCTIONAL TESTING REQUIREMENTS

DIVISION 26

ELECTRICAL

260500 COMMON WORK RESULTS FOR ELECTRICAL 5

260519 LOW-VOLTAGE ELECTRICAL POWER CONDUCTORS AND CABLES 4

260526 GROUNDING AND BONDING FOR ELECTRICAL SYSTEMS 4

260529 HANGERS AND SUPPORTS FOR ELECTRICAL SYSTEMS 5

260533 RACEWAYS AND BOXES FOR ELECTRICAL SYSTEMS 10

260553 IDENTIFICATION FOR ELECTRICAL SYSTEMS 7

262413 SWITCHBOARDS 7

262813 FUSES 3

262816 ENCLOSED SWITCHES AND CIRCUIT BREAKERS 4

263353 STATIC UNINTERRUPTIBLE POWER SUPPLY 14

END OF TABLE OF CONTENTS

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

Sealed proposals will be received by the NC Department of Information Technology in Forest City, NC, in the office of Tony Brackett, 1371 Old Caroleen Rd., Forest City, NC 28043 up to 2:00 pm on Wednesday, October 2, 2024, and immediately thereafter publicly opened and read for the furnishing of labor, material and equipment entering into the construction of:

WESTERN DATA CENTER UPS REPLACEMENT

SCO ID #23-25918-01A

The scope of this project will include the replacement of the (3) existing 750KVA/600KW UPS in the same location. Existing feeders will be reused.

Bids will be received for Single Prime contract. All proposals shall be lump sum.

Pre-Bid Meeting An open pre-bid meeting will be held at the site for all interested bidders on Wednesday, September 11, 2024, at 2:00 pm at the Western Data Center, 1371 Old Caroleen Rd., Forest City, NC 28043. The meet ing will address project specific questions, issues, bidding procedures and bid forms.

Deadline for questions will be Wednesday, September 18, 2024, end of business day.

Complete plans, specifications and contract documents will be available electronically by request. Re-quests can be made to dchez@devitainc.com

Bid documents, plans and specifications will be published in the electronic plan room 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, NOTE: The bidder shall include with the bid proposal the form Identification of Minority Business Participation identifying the minority business participation it will use on the project and shall include either Affidavit A or Affidavit B as applicable. Forms and instructions are included within the Proposal Form in the bid documents. Failure to complete these forms is grounds for rejection of the bid. (GS143- 128.2c Effective 1/1/2002.)

All contractors are hereby notified that they must have 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 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

Notice To Bidders 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. NC Department of Information Technology (Name) (Agency/Institution)

205 Regency Executive Park Drive, Ste 315 301 North Wilmington Street, Ste. 450 Charlotte, NC 28217 Raleigh, NC 27601 (Address) (Address)

704.335.0396 984.236.5400 (Phone) (Phone)

Proposal Form 1 of 4

F O R M OF P R O P O S A L

Western Data Center UPS Replacement Contract:____________________________

Department of Information Technology Bidder: _____________________________

SCO-ID # 23-25918-01A Date:_______________________________

The undersigned, as bidder, hereby declares that the only person or persons interested in this proposal as principal or principals is or are named herein and that no other person than herein mentioned has any interest in this proposal or in the contract to be entered into; that this proposal is made without connection with any other person, company or parties making a bid or proposal; and that it is in all respects fair and in good faith without collusion or fraud. The bidder further declares that he has examined the site of the work and the contract documents relative thereto, and has read all special provisions furnished prior to the opening of bids; that he has satisfied himself relative to the work to be performed. The bidder further declares that he and his subcontractors have fully complied with NCGS 64, Article 2 in regards to E-Verification as required by Section 2. (c) of Session Law 2013-418, codified as N.C. Gen. Stat. § 143-129(j).

The Bidder proposes and agrees if this proposal is accepted to contract with the

State of North Carolina through the Department of Information Technology in the form of contract specified below, to furnish all necessary materials, equipment, machinery, tools, apparatus, means of transportation and labor necessary to complete the replacement of the (3) existing 750KVA/600KW UPS in the same location. Existing feeders will be reused. Work to be done in full in complete accordance with the plans, specifications, and contract documents, to the full and entire satisfaction of the State of North Carolina, and

Department of Information Technology with a definite understanding that no money will be allowed for extra work except as set forth in the General

Conditions and the contract documents, for the sum of:

SINGLE PRIME CONTRACT:_________________________________________________________________

Base Bid:

Dollars ($)_______________________

CONSECUTIVE CONSTRUCTION DAYS: Three Hundred Sixty-Five (365)

General Contractor: Plumbing Subcontractor:

_______________________________Lic #________ ______________________Lic #__________

Mechanical Subcontractor: Electrical Subcontractor:

_______________________________Lic #________ ______________________Lic #_________

GS143-128(d) requires all single prime bidders to identify their subcontractors for the above subdivisions of work. A contractor whose bid is accepted shall not substitute any person as subcontractor in the place of the subcontractor listed in the original bid, except (i) if the listed subcontractor's bid is later determined by the contractor to be non-responsible or non-responsive or the listed subcontractor refuses to enter into a contract for the complete performance of the bid work, or (ii) with the approval of the awarding authority for good cause shown by the contractor.

Proposal Form 2 of 4

ALTERNATES:___________________________________________________________________________

Should any of the alternates as described in the contract documents be accepted, the amount written below shall be the amount to be "added to" or "deducted from" the base bid. (Strike out "Add" or "Deduct" as appropriate.)

GENERAL CONTRACT:

Alternate E-1: Install new UPS’s adjacent to existing units with new feeders and breakers. Reuse existing maintenance bypass cabinets.

Add) (Deduct) Dollars ($)

Alternate E-2: Provide new maintenance bypass cabinets with the new UPS’s.

Add) (Deduct) Dollars

Alternate E-3: Replace 400A breakers in existing UPS distribution panels.

Alternate #E-4a:

Provide new VRLA battery system for each UPS system with minimum runtime of 9 minutes. Installation shall include new conduits and wiring, battery monitoring system connected to new UPS monitoring system, and functional testing. Existing batteries shall be palletized and turned over to Owner. Refer to technical specifications for more information.

Alternate #E-4b:

Provide new lithium-ion or lithium-iron-phosphate battery system for each UPS system with minimum runtime of 9 minutes. Installation shall include new conduits and wiring, battery monitoring system connected to new UPS monitoring system, and functional testing. Existing batteries shall be palletized and turned over to Owner. Refer to technical specifications for more information.

The bidder further proposes and agrees hereby to commence work under this contract on a date to be specified in a written order of the designer and shall fully complete all work thereunder within the time specified in their bid and as clarified in the Supplementary General Conditions Article 23. Applicable liquidated damages amount is also stated in the Supplementary General Conditions Article 23.

MINORITY BUSINESS PARTICIPATION REQUIREMENTS _

Provide with the bid - Under GS 143-128.2(c) the undersigned bidder shall identify on its bid (Identification of

Minority Business Participation Form) the minority businesses that it will use on the project with the total dollar value of the bids that will be performed by the minority businesses. Also list the good faith efforts (Affidavit A) made to solicit minority participation in the bid effort.

NOTE: A contractor that performs all of the work with its own workforce may submit an Affidavit (B) to that effect in lieu of Affidavit (A) required above. The MB Participation Form must still be submitted even if there is zero participation.

Proposal Form 3 of 4

After the bid opening - The Owner will consider all bids and alternates and determine the lowest responsible, responsive bidder. Upon notification of being the apparent low bidder, the bidder shall then file within 72 hours of the notification of being the apparent lowest bidder, the following:

An Affidavit (C) that includes a description of the portion of work to be executed by minority businesses, expressed as a percentage of the total contract price, which is equal to or more than the 10% goal established. This affidavit shall give rise to the presumption that the bidder has made the required good faith effort and Affidavit D is not necessary;

* OR *

If less than the 10% goal, Affidavit (D) of its good faith effort to meet the goal shall be provided. The document must include evidence of all good faith efforts that were implemented, including any advertisements, solicitations and other specific actions demonstrating recruitment and selection of minority businesses for participation in the contract.

Note: Bidders must always submit with their bid the Identification of Minority Business Participation Form listing all MB contractors, vendors and suppliers that will be used. If there is no MB participation, then enter none or zero on the form. Affidavit A or Affidavit B, as applicable, also must be submitted with the bid. Failure to file a required affidavit or documentation with the bid or after being notified apparent low bidder is grounds for rejection of the bid.

Proposal Signature Page

The undersigned further agrees that in the case of failure on his part to execute the said contract and the bonds within ten (10) consecutive calendar days after being given written notice of the award of contract, the certified check, cash or bid bond accompanying this bid shall be paid into the funds of the owner's account set aside for the project, as liquidated damages for such failure; otherwise the certified check, cash or bid bond accompanying this proposal shall be returned to the undersigned.

Respectfully submitted this day of

(Name of firm or corporation making bid)

WITNESS: By:

Signature

Name:

(Proprietorship or Partnership) Print or type

Title___________________________________

(Owner/Partner/Pres./V.Pres)

Address

ATTEST:

By: License No.

Title: Federal I.D. No.

(Corp. Sec. or Asst. Sec. only)

Email Address:

(CORPORATE SEAL)

Proposal Form 4 of 4

Addendum received and used in computing bid:

Addendum No. 1 Addendum No. 3 Addendum No. 5 Addendum No. 6

Addendum No. 2 Addendum No. 4 Addendum No. 6 Addendum No. 7________

Attach to Bid Attach to Bid Attach to Bid Attach to Bid Attach to Bid Attach to Bid Attach to Bid Attach to Bid

MBForms 2002-Revised July 2010

Identification of HUB Certified/ Minority Business Participation

I, , (Name of Bidder) do hereby certify that on this project, we will use the following HUB Certified/ minority business as construction subcontractors, vendors, suppliers or providers of professional services.

Firm Name, Address and Phone # Work Type *Minority **HUB

Category Certified (Y/N)

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

** HUB Certification with the state HUB Office required to be counted toward state participation goals.

The total value of minority business contracting will be ($) .

Attach to Bid Attach to Bid Attach to Bid Attach to Bid Attach to Bid Attach to Bid Attach to Bid Attach to Bid

State of North Carolina AFFIDAVIT A – Listing of Good Faith Efforts

County of

(Name of Bidder) Affidavit of

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

Bidders must earn at least 50 points from the good faith efforts listed for their bid to be considered responsive. (1 NC Administrative Code 30 I.0101)

1 – (10 pts) 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.

2 --(10 pts) 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.

3 – (15 pts) Broken down or combined elements of work into economically feasible units to facilitate minority participation.

4 – (10 pts) 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.

5 – (10 pts) Attended prebid meetings scheduled by the public owner.

6 – (20 pts) Provided assistance in getting required bonding or insurance or provided alternatives to bonding or insurance for subcontractors.

7 – (15 pts) 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.

8 – (25 pts) 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.

9 – (20 pts) 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.

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

The undersigned, if apparent low bidder, will enter into a formal agreement with the firms listed in the Identification of Minority Business Participation schedule conditional upon scope of contract to be executed with the Owner. Substitution of contractors must be in accordance with GS143-128.2(d) 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 20

Notary Public

My commission expires

SEAL

Attach to Bid Attach to Bid Attach to Bid Attach to Bid Attach to Bid Attach to Bid Attach to Bid Attach to Bid

State of North Carolina --AFFIDAVIT B-- Intent to Perform Contract with Own Workforce.

County of

Affidavit of (Name of Bidder)

I hereby certify that it is our intent to perform 100% of the work required for the contract.

(Name of Project)

In making this certification, the Bidder states that the Bidder does not customarily subcontract elements of this type project, and normally performs and has the capability to perform and will perform all elements of the work on this project with his/her own current work forces; and

The Bidder agrees to provide any additional information or documentation requested by the owner in support of the above statement. The Bidder agrees to make a Good Faith Effort to utilize minority suppliers where possible.

The undersigned hereby certifies that he or she has read this certification and is authorized to bind the Bidder to the commitments herein contained.

Date: Name of Authorized Officer:

State of _________ __ , County of ________________________

Subscribed and sworn to before me this day of 20___

Do not submit with bid Do not submit with bid Do not submit with bid Do not submit with bid

State of North Carolina - AFFIDAVIT C - Portion of the Work to be Performed by HUB Certified/Minority Businesses County of

(Note this form is to be submitted only by the apparent lowest responsible, responsive bidder.)

If the portion of the work to be executed by HUB certified/minority businesses as defined in GS143- 128.2(g) and 128.4(a),(b),(e) is equal to or greater than 10% 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

(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

**HUB

Certified

Y/N

Work Description

Dollar Value

*Minority categories: Black, African American (B), Hispanic (H), Asian American (A) American Indian (I), ** HUB Certification with the state HUB Office required to be counted toward state participation goals.

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:

State of , County of

Subscribed and sworn to before me this day of 20

Do not submit with the bid Do not submit with the bid Do not submit with the bid Do not submit with the bid Do not submit with the bid

MBForms 2002-Revised May 2010 -1-

State of North Carolina AFFIDAVIT D – Good Faith Efforts

County of (Note this form is to be submitted only by the apparent lowest responsible, responsive bidder.)

If the goal of 10% participation by HUB Certified/ minority business is not achieved, the Bidder shall provide the following documentation to the Owner of his good faith efforts:

Affidavit of I do hereby certify that on the

(Project Name) Project ID# Amount of Bid $

I will expend a minimum of % of the total dollar amount of the contract with HUB certified/ 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

**HUB

Certified

Y/N

Work Description

Dollar Value

*Minority categories: Black, African American (B), Hispanic (H), Asian American (A) American Indian (I), ** HUB Certification with the state HUB Office required to be counted toward state participation goals.

Examples of documentation that may be required to demonstrate the Bidder's good faith efforts to meet the goals set forth in these provisions include, but are not necessarily limited to, the following:

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.

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.

Do not submit with the bid Do not submit with the bid Do not submit with the bid Do not submit with the bid Do not submit with the bid

MBForms 2002-Revised May 2010 -2-

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:

Title:

State of , County of

Subscribed and sworn to before me this day of 20

UNC MB Forms 2023

**THIS DOCUMENT MUST BE SUBMITTED WITH EACH PAY REQUEST & FINAL PAYMENT**

APPENDIX E

MBE DOCUMENTATION FOR CONTRACT PAYMENTS

Prime Contractor/Architect: _________________________________________________________

Address & Phone: _________________________________________________________________

Project Name: ____________________________________________________________________

Pay Application #: _________________ Period: __________________________

The following is a list of payments to be made to minority business contractors on this project for the above-mentioned period.

MBE FIRM NAME * INDICATE

TYPE OF MBE

AMOUNT PAID

THIS MONTH

TOTAL PAYMENTS

TO DATE

TOTAL AMOUNT

COMMITTED

* Minority categories: Black, African American (B), Hispanic (H), Asian American (A) American Indian (I), Date: ________________ Approved/Certified By: _______________________________ Name

Title

Signature Signature certifies that any minority firms not previously verified in the bid/award process have been appropriately verified, services have been rendered, and payment is due as processed.

FORM OF BID BOND

KNOW ALL MEN BY THESE PRESENTS THAT ________________

__________________________________________________________________ as principal, and _______________________________________________, as surety, who is duly licensed to act as surety in North Carolina, are held and firmly bound unto the State of

North Carolina through NC Department of Information Technology, as obligee, in the penal sum of ___________________________ DOLLARS, lawful money of the United States of

America, for the payment of which, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

Signed, sealed and dated this day of 20

WHEREAS, the said principal is herewith submitting proposal for and the principal desires to file this bid bond in lieu of making the cash deposit as required by G.S. 143-129.

NOW, THEREFORE, THE CONDITION OF THE ABOVE OBLIGATION is such, that if the principal shall be awarded the contract for which the bid is submitted and shall execute the contract and give bond for the faithful performance thereof within ten days after the award of same to the principal, then this obligation shall be null and void; but if the principal fails to so execute such contract and give performance bond as required by G.S.

143-129, the surety shall, upon demand, forthwith pay to the obligee the amount set forth in the first paragraph hereof. Provided further, that the bid may be withdrawn as provided by G.S. 143-129.1

(SEAL)

FORM OF CONSTRUCTION CONTRACT

(ALL PRIME CONTRACTS)

THIS AGREEMENT, made the ____________ day of _____________ in the year of 20__ by and between _______________________________________________________________________________

__________________________________________________________________ hereinafter called the

Party of the First Part and the State of North Carolina, through the Department of Information Technology, hereinafter called the Party of the Second Part.

WITNESSETH:

That the Party of the First Part and the Party of the Second Part for the consideration herein named agree as follows:

1. Scope of Work: The Party of the First Part shall furnish and deliver all of the materials, and perform all of the work in the manner and form as provided by the following enumerated plans, specifications and documents, which are attached hereto and made a part thereof as if fully contained herein: Notice to

Bidders, Instructions to Bidders; General Conditions; Supplementary Instructions to Bidders; Supplementary

General Conditions; specifications; accepted proposal; contract; performance bond; payment bond; power of attorney; workmen's compensation; public liability; property damage and builder's risk insurance certificates;

approval of attorney general; certificate by the Office of State Budget and Management, and drawings, titled:

Consisting of the following sheets:

Dated: and the following addenda:

Addendum No Dated: Addendum No. Dated:

2. That the Party of the First Part shall commence work to be performed under this agreement on a date to be specified in a written order of the Party of the Second Part and shall fully complete all work hereunder within Three Hundred Sixty-Five (365) consecutive calendar days from said date. For each day in excess thereof, liquidated damages shall be $500/day and as stated in Supplementary Instructions to Bidders. The Party of the First Part, as one of the considerations for the awarding of this contract, shall furnish to the Party of the Second Part a construction schedule setting forth planned progress of the project broken down by the various divisions or part of the work and by calendar days as outlined in Article 14 of the General Conditions of the Contract.

3. The Party of the Second Part hereby agrees to pay to the Party of the First Part for the faithful performance of this agreement, subject to additions and deductions as provided in the specifications or proposal, in lawful money of the United States as follows:

Summary of Contract Award:

4. In accordance with Article 31 and Article 32 of the General Conditions of the Contract, the Party of the Second Part shall review, and if approved, process the Party of the First Party's pay request within 30 days upon receipt from the Designer. The Party of the Second Part, after reviewing and approving said pay request, shall make payments to the Party of the First Part on the basis of a duly certified and approved estimate of work performed during the preceding calendar month by the First Party, less five percent (5%) of the amount of such estimate which is to be retained by the Second Party until all work has been performed strictly in accordance with this agreement and until such work has been accepted by the Second Party. The

Second Party may elect to waive retainage requirements after 50 percent of the work has been satisfactorily completed on schedule as referred to in Article 31 of the General Conditions.

5. Upon submission by the First Party of evidence satisfactory to the Second Party that all payrolls, material bills and other costs incurred by the First Party in connection with the construction of the work have been paid in full, final payment on account of this agreement shall be made within thirty (30) days after the completion by the First Party of all work covered by this agreement and the acceptance of such work by the

Second Party.

6. It is further mutually agreed between the parties hereto that if at any time after the execution of this agreement and the surety bonds hereto attached for its faithful performance, the Second Party shall deem the surety or sureties upon such bonds to be unsatisfactory, or if, for any reason, such bonds cease to be adequate to cover the performance of the work, the First Party shall, at its expense, within five (5) days after the receipt of notice from the Second Party so to do, furnish an additional bond or bonds in such form and amount, and with such surety or sureties as shall be satisfactory to the Second Party. In such event no further payment to the First Party shall be deemed to be due under this agreement until such new or additional security for the faithful performance of the work shall be furnished in manner and form satisfactory to the Second Party.

7. The Party of the First Part attest that it and all of its subcontractors have fully complied with all requirements of NCGS 64 Article 2 in regards to E-Verification as required by Section 2.(c) of Session Law

2013-418, codified as N.C. Gen. Stat. § 143-129(j).

IN WITNESS WHEREOF, the Parties hereto have executed this agreement on the day and date first above written in ____________ counterparts, each of which shall without proof or accounting for other counterparts, be deemed an original contract.

Witness: _______________________________ Contractor: (Trade or Corporate Name)

____________________________ By: __________________________________ (Proprietorship or Partnership)

(Owner, Partner, or Corp. Pres. or Vice Pres. only)

Attest: (Corporation)

By:

(CORPORATE SEAL) The State of North Carolina “through”

NC Department of Information Technology (Agency, Department or Institution)

Witness:

By: ___________________

Title: ___________________

FORM OF PERFORMANCE BOND

Date of Contract:

Date of Execution:

Name of Principal (Contractor)

Name of Surety:

Name of Contracting Body:

Amount of Bond:

Project

KNOW ALL MEN BY THESE PRESENTS, that we, the principal and surety above named, are held and firmly bound unto the above named contracting body, hereinafter called the contracting body, in the penal sum of the amount stated above for the payment of which sum well and truly to be made, we bind, ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the principal entered into a certain contract with the contracting body, identified as shown above and hereto attached:

NOW, THEREFORE, if the principal shall well and truly perform and fulfill all the undertakings, covenants, terms, conditions and agreements of said contract during the original term of said contract and any extensions thereof that may be granted by the contracting body, with or without notice to the surety, and during the life of any guaranty required under the contract, and shall also well and truly perform and fulfill all the undertakings, covenants, terms, conditions and agreements of any and all duly authorized modifications of said contract that may hereafter be made, notice of which modifications to the surety being hereby waived, then, this obligation to be void; otherwise to remain in full force and virtue.

IN WITNESS WHEREOF, the above-bounden parties have executed this instrument under their several seals on the date indicated above, the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body.

Executed in counterparts.

Witness: ____________________________________

Contractor: (Trade or Corporate Name)

_______________________________ By: ________________________________

(Proprietorship or Partnership)

Attest: (Corporation) Title: _______________________________

(Owner, Partner, or Corp. Pres. or Vice

Pres. only)

By: _______________________________

Title: ______________________________

(Corporate Seal)

(Surety Company)

Witness: By: ________________________________

________________________________ Title: _______________________________

(Attorney in Fact)

Countersigned:

________________________________ (Surety Corporate Seal)

(N.C. Licensed Resident Agent)

Name and Address-Surety Agency

Surety Company Name and N.C.

Regional or Branch Office Address

FORM OF PAYMENT BOND

Date of Contract:

Date of Execution:

Name of Principal (Contractor)

Name of Surety:

Name of Contracting Body:

Amount of Bond:

Project

KNOW ALL MEN BY THESE PRESENTS, that we, the principal and surety above named, are held and firmly bound unto the above named contracting body, hereinafter called the contracting body, in the penal sum of the amount stated above for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the principal entered into a certain contract with the contracting body identified as shown above and hereto attached:

NOW, THEREFORE, if the principal shall promptly make payment to all persons supplying labor/material in the prosecution of the work provided for in said contract, and any and all duly authorized modifications of said contract that may hereafter be made, notice of which modifications to the surety being hereby waived, then this obligation to be void; otherwise to remain in full force and virtue.

IN WITNESS WHEREOF, the above-bounden parties have executed this instrument under their several seals on the date indicated above, the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body.

Executed in counterparts.

Witness: ____________________________________

Contractor: (Trade or Corporate Name)

______________________________________ By: ________________________________

(Proprietorship or Partnership)

Attest: (Corporation) Title________________________________

(Owner, Partner, or Corp. Pres. or Vice

Pres. only)

By: ____________________________________

Title: ___________________________________

(Corp. Sec. or Asst. Sec.. only)

(Corporate Seal)

(Surety Company)

Witness: By: ________________________________

________________________________ Title: _______________________________

(Attorney in Fact)

Countersigned:

________________________________ (Surety Corporate Seal)

(N.C. Licensed Resident Agent)

Name and Address-Surety Agency

Surety Company Name and N.C.

Regional or Branch Office Address

Sheet for Attaching Power of Attorney

Sheet for Attaching Insurance Certificates

APPROVAL OF THE ATTORNEY GENERAL

CERTIFICATION BY THE OFFICE OF STATE

BUDGET AND MANAGEMENT

Provision for the payment of money to fall due and payable by the under this agreement has been provided for by allocation made and is available for the purpose of carrying out this agreement.

This _____________day of _________ __________ 20___.

Signed Budget Officer

INSTRUCTIONS TO BIDDERS

AND

GENERAL CONDITIONS OF THE CONTRACT

STANDARD FORM FOR CONSTRUCTION PROJECTS

STATE CONSTRUCTION OFFICE

NORTH CAROLINA

DEPARTMENT OF ADMINISTRATION

Form OC-15

This document is intended for use on State capital construction projects and shall not be used on any project that is not reviewed and approved by the State Construction Office. Extensive modification to the General Conditions by means of “Supplementary General Conditions” is strongly discouraged. State agencies and institutions may include special requirements in “Division 1 – General Requirements” of the specifications, where they do not conflict with the General Conditions.

Twenty Fourth Edition January 2013

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 bidder’s 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 on 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 his 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 then 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 State Construction Office.

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 and the

State Construction Office.

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