5540 Centerview Drive | Suite 311 | Raleigh, NC 27606 | 919.746.8400

DEPARTMENT OF INFORMATION TECHNOLOGY

EASTERN DATA CENTER

UPS BATTERY REPLACEMENT

SPECIFICATIONS

Bid Documents – For Construction

NC Dept of Information Technology

3700 Wake Forest Road

Raleigh, NC 27609

SCO #: 25-30478-01A

W|W Comm. No. 260015.00

August 21, 2026

CONTACT:

Steve Bowman

Officer In Charge

919.746.8369 sbowman@wileywilson.com

100% Employee-Owned

WILEY|WILSON DEPARTMENT OF INFORMATION TECHNOLOGY

EASTERN DATA CENTER UPS BATTERY REPLACEMENT

W|W COMM. NO.: 260015.00

SCO #: 25-30478-01A

TABLE OF CONTENTS TOC - i

Table of Contents

GENERAL CONDITIONS AND FORMS

A. Notice to Bidders………………………………………………………………………………….………..2

B. Form of Proposal……………………………………………………………………………….…………..3

C. Form of Bid Bond…………………………………………………………………………………………..1

D. Form of Construction Contract and Bonds…………………………………………………………………9

E. Instructions to Bidders and General Conditions of the Contract………………………………………….46

F. Guidelines for MBE Participation………………………………………………………………………….8

G. MBE Contractor List and Affidavits A through D…………………………………………………………6

Division Section Title

DIVISION 00 - PROCUREMENT AND CONTRACTING REQUIREMENTS

000107 SEALS PAGE…………………………………………………………………………………1

000115 LIST OF DRAWING SHEETS……………………………………………………………….1

002213 SUPPLEMENTAL INSTRUCTION TO BIDDERS………………………………….……...5

DIVISION 01 - GENERAL REQUIREMENTS

011000 SUMMARY…………………………………………………………………………….……..4

012500 SUBSTITUTION PROCEDURES…………………………………………………….……...3

012600 CONTRACT MODIFICATION PROCEDURES………………………………………….…2

012900 PAYMENT PROCEDURES………………………………………………………….………4

013100 PROJECT MANAGEMENT AND COORDINATION……………………………………...8

013200 CONSTRUCTION PROGRESS DOCUMENTATION……………………………….……..4

013300 SUBMITTAL PROCEDURES……………………………………………………….….……7

014000 QUALITY REQUIREMENTS……………………………………………………….…….…8

014200 REFERENCES…………………………………………………………………….……….…6

015000 TEMPORARY FACILITIES AND CONTROLS…………………………………………

016000 PRODUCT REQUIREMENTS……………………………………………………….……...4

017300 EXECUTION………………………………………………………………………….……...4

017700 CLOSEOUT PROCEDURES………………………………………………………….……..5

017823 OPERATION AND MAINTENANCE DATA……………….………………….…………..3

017839 PROJECT RECORD DOCUMENTS…………………………………………….…….…….4

DIVISION 26 - ELECTRICAL

260010 SUPPLEMENTAL REQUIREMENTS FOR ELECTRICAL………………………..………6

260553 IDENTIFICATION FOR ELECTRICAL SYSTEMS…………………………….……....….2

263353 STATIC UNINTERRUPTIBLE POWER SUPPLY………………………………………….4

END OF TABLE OF CONTENTS

SCO-Notice To Bidders 2010 – (Updated Dec. 2010)

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

Sealed proposals will be received by the NC Department of Information Technology in Raleigh, NC, in the office of Daniel Colleran, 3700 Wake Forest Rd., Raleigh, NC 27609 up to 2:00 pm on October 21, 2026 and immediately thereafter publicly opened and read for the furnishing of labor, material and equipment entering into the construction of

NCDIT Eastern Data Center – UPS Battery Replacement

SCO ID #25-30478-01A

The scope of this project will include the replacement of (3) UPS battery strings supporting 825kVA UPS.

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

Pre-Bid Meeting An open pre-bid meeting will be held for all interested bidders on October 6, 2026, 10:00am, at 3700 Wake Forest Rd, Raleigh, NC 27609. The meeting will address project specific questions, issues, bidding procedures and bid forms.

Complete plans, specifications and contract documents will be available electronically by request. Requests can be made to cniedermayer@wileywilson.com.

Bid documents, plans and specifications will also 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.

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 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.

SCO-Notice To Bidders 2010 (Updated Dec. 2010)

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:

Wiley|Wilson NC Department of Information Technology (Name) (Agency/Institution)

5540 Centerview Dr., Suite 311, 3700 Wake Forest Rd.

Raleigh, NC 27606 Raleigh, NC 27609 (Address) (Address)

(919) 746-8369 (919) 605-9901 (Phone) (Phone)

SCO-Proposal Form 2013 1 of 3

FORM OF PROPOSAL

Eastern Data Center �Battery Replacement Contract:

Department of Information Technology Bidder:

SCO #: 25-30478-01A 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 replacement of (3) battery strings support existing 750kVA UPS in existing battery racks 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 the

North Carolina Department of Information Technology and Wiley|Wilson 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 ($)

General Subcontractor: 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.

SCO-Proposal Form 2013 2 of 3

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.

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.

SCO-Proposal Form 2013 3 of 3

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)

Addendum received and used in computing bid:

Addendum No. 1 Addendum No. 3 Addendum No. 5 Addendum No. 7

Addendum No. 2 Addendum No. 4 Addendum No. 6 Addendum No. 8

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 _______________________________________________ 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 2026

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)

(SEAL)

(SEAL)

(SEAL)

(SEAL)

FORM OF CONSTRUCTION CONTRACT

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______________________________________________________________________

________________________________________________________ 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: advertisement; Instructions to Bidders; General Conditions; 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:

Addendum No Dated: Addendum No. Dated:

Addendum No Dated: Addendum No. Dated:

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 _____________ consecutive calendar days from said date. For each day in excess thereof, liquidated damages shall be as stated in

Supplementary General Conditions. 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:

Base Bid: $X,XXX,XXX.XX *No Alternates $0 Total: $X,XXX,XXX.XX

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. In the event performance and payment bonds are required as a condition of this contract, 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 two (2) 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)

Title:

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

Date: _

Attest: (Corporation)

By:

Title:

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

The State of North Carolina through

(CORPORATE SEAL) North Carolina Department of Information Technology

Witness:

_______________ By: ___________________

Daneil Colleran

Title: EDC Facilities Manager _________

Date: _

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: ______________________________ (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

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

OC-15 24th Ed, Rev2 – September 2025 Page 1

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, Revision 2 - September 2025:

Articles: 2.c, 20.a, 32.d, 33.c, 34, 52.b - h

OC-15 24th Ed, Rev2 – September 2025 Page 2

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 on the part of a corporation, they shall be executed by either the president or the vice president and the title of the office of such persons shall appear after their signatures.

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.

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.

OC-15 24th Ed, Rev2 – September 2025 Page 3

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

OC-15 24th Ed, Rev2 – September 2025 Page 4 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, alternates, 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 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.

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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 info will 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. 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.

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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.

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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 State of North Carolina, and is distributed by, through and at the discretion of the State Construction Office, Raleigh, 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 Patent

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

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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 51 Gifts 52 Auditing Access to Persons and Records 53 North Carolina False Claims Act 54 Termination for Convenience

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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 drawing 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 attorney general; 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, designer and the owner, and approved by the State Construction Office, in that order (Article 19).

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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, owner, and State Construction Office.

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 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 can not 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 approval of 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.

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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 to the owner’s project requirements and 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 NC Building Codes and approved plans and specifications.

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

bb. Final Acceptance is the date in which the State Construction…