4850-02-26_LCG_WAREHOUSE_SPRINKLER SYS.pdf

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COKE BUILDING / WAREHOUSE

FIRE SPRINKLER SYSTEM

PROJECT #4850-02-26

ISSUED FOR BIDS 06/22/2026

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NOTICE TO BIDDERS

LEE COUNTY PROJECT #4850-02-26

COKE BUILDING / WAREHOUSE FIRE SPRINKLER SYSTEM

Sealed Bids will be received by Lee County, North Carolina until Tuesday, July 14, 2026 at 2:00PM, at which time submitted bids will be opened and publicly read for the construction of “Coke Building / Warehouse FIRE SPRINKLER SYSTEM Project”. Please note that two complete bid packages must be submitted – if only one bid package is submitted the bid will be rejected. The bid opening will be held at the Lee County Finance Office, located at 115 Chatham Street, Suite 301, Sanford, NC 27330.

Bids shall be for the furnishing of all labor, materials, and equipment necessary to complete the project as detailed within the supplied contract documents.

Each Bidder shall be appropriately licensed in the State of North Carolina as provided in General Statutes Chapter 87 and have the ability to produce evidence of experience in construction of projects of similar size and nature. Bidders must be able to comply with all local, state, and federal contract provisions as specified in the contract documents.

Questions can be directed to, and electronic contract documents obtained, by contacting the Owner at:

Brandon Key Director Lee County Development Services

115 Chatham Street, Suite 302

Sanford, North Carolina 27330 919-718-4605 Ext. 5495 bkey@leecountync.gov

The Owner reserves the right to reject any and all Bids and any part of a Bid, and to waive formalities and technicalities in the Bids. The Bid shall remain subject to acceptance and not withdrawn for a period of sixty (60) days after the date of the bid opening.

Lee County is an equal opportunity employer and services provider. Lee County Government specifically encourages small, minority, and women owned businesses to submit bids.

mailto:bkey@leecountync.gov

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INSTRUCTIONS TO BIDDERS

COKE BUILDING / WAREHOUSE FIRE SPRINKLER SYSTEM

PART 1. QUALIFICATIONS OF BIDDERS

To demonstrate qualifications to perform the Work, each Bidder shall submit (at the Owner’s request) satisfactory proof of his qualifications to satisfactorily complete the work within the time allocated. Bidder shall be prepared to submit information and evidence with respect to the following:

1.1 The Bidder is licensed in the State of North Carolina to perform the type and scope of work included in the contract documents. The Bidder must be appropriately licensed in the State of North Carolina as provided in General Statutes Chapter 87.

1.2. The Bidder has performed satisfactorily work on past projects that are similar in size and scope. The Bidder may be required to provide at least three (3) references from Owners of similar projects completed by the Bidder within the past five (5) years.

1.3. The Bidder will have adequate staffing, equipment, and resources to complete the specified work within the time permitted.

1.4. The Bidder shall ensure all employees working on this project are required to consent to a national background check. No employee may enter the building without having cleared this background check. General Contractor is responsible for administering background checks and any associated costs and shall provide documentation of the background check for each employee to the Owner prior to the employee entering the building. General Contractor shall provide the following statement and a list of all employees and subcontractor employees that will be working on this project.

Statement and list of employees shall be on company letterhead with signature and date.“This is to certify that all employees that are scheduled to work on this project have not been convicted of a felony in the past 7 years, can qualify for voting rights reinstatement, and are not on active parole or active probation. Workers with felony convictions who do not qualify under special conditions will not be allowed access to work site.”

PART 2. EXAMINATION OF CONTRACT DOCUMENTS AND SITE

2.1. It is the responsibility of each Bidder before submitting a Bid, to(a) examine the Contract Documents (Construction Drawings, Project Specifications, and any Addenda) thoroughly, (b) visit the site to become familiar with local conditions that may affect cost, progress, performance of furnishing of the Work, (c) consider Federal, State and Local laws and regulations that may affect cost, progress, performance of furnishing of the Work, (d) study and carefully correlate Bidder's

4 | P a g e observations with the Contract Documents, and (e) notify Engineer of all conflicts, errors or discrepancies in the Contract Documents.

2.2. Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders on subsurface conditions, Underground Facilities or other physical conditions, and possible changes in the Contract Documents due to differing conditions appear in the General Conditions and General Specifications.

2.3. Before submitting a bid, each Bidder may, at Bidder's own expense and responsibility, make or obtain any examinations, investigations, explorations, tests and studies, and obtain any additional information and data which pertain to the physical conditions (surface and subsurface) at or contiguous to the site or otherwise which may affect cost, progress, performance of furnishing the work in accordance with the time, price and other terms and conditions of the Contract Documents.

The Bidder shall restore the site to its preexisting condition upon completion of any such exploration/s.

2.4. The lands upon which the Work is to be performed, rights-of-way and easements for access thereto and other lands designated for use by Contractor in performing the Work are identified in the Contract Documents. All additional offsite land and access thereto required for temporary construction facilities or storage of materials and equipment are to be provided by Contractor.

2.5. The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Section, that without exception the Bid is premised upon performing and furnishing the Work required by the Contract Documents and such means & methods, techniques, sequences or procedures of construction as may be indicated in or required by the Contract Documents, and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work.

PART 3. INTERPRETATIONS AND ADDENDA

3.1. All questions about the meaning or intent of the Contract Documents are to be directed to the Owner in-writing. Interpretations or clarifications considered necessary in response to such questions will be addressed by Addenda mailed or delivered to all known parties to have received the Bidding Documents, and on the Lee County website. Questions received less than three (3) days prior to the date for opening of Bids will not be answered. Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect.

3.2. Addenda may also be issued to modify the Contract Documents as deemed necessary by the Owner.

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3.3 It is the responsibility of the Bidder to notify the Owner, as indicated in the Notice to Bidders, of the intent to bid to assure addenda are received.

PART 4. BID SECURITY

Each bid must be accompanied by a certified check of the bidder or a bid bond prepared on the form of bid bond attached hereto, duly executed by the bidder as principal and having as surety thereon a surety company approved by the Owner, in the amount of five (5) percent of the aggregate amount of the price (base bid). Such checks or bid bonds will be returned to all except the three lowest bidders within three (3) calendar days after the opening of bids and the remaining checks or bid bonds will be returned promptly after the Owner and the accepted bidder have executed the contract, or, if no award has been made within sixty (60) calendar days after the date of the opening of bids, upon demand of the bidder at any time thereafter so long as he has not been notified of the acceptance of his bid.

PART 5. CONTRACT TIME

The time for completion of the work (Contract Time) shall be sixty (60) calendar days. The Contractor may start work on the date specified in the official Notice to Proceed and shall substantially complete the work within the stipulated Contract Time.

PART 6. LIQUIDATED DAMAGES

Liquidated Damages for failure to substantially complete the project within the contract time may be issued at the rate of $500 per calendar day.

PART 7. PRE-BID MEETING

7.1 A Pre-Bid Meeting is scheduled for July 7, 2026 at the project address (1605 Hawkins Avenue, Sanford, NC 27330) at 10:00am.

7.2 Attending this meeting or scheduling a dedicated onsite visit is highly encouraged.

PART 8. PREPARATION OF BIDS

8.1 Bids shall be presented on the Bid Form furnished within these Project Documents (only).

Any bids received on substitute forms will be rejected.

8.2 All blank spaces for bid prices on the Bid Form shall be properly completed in handwritten ink or by type.

8.3 Bids by corporations must be executed in the corporate name by the president or vice

6 | P a g e president (or other corporate officer accompanied by evidence of authority to sign) and the corporate seal must be affixed and attested by the secretary or an assistance secretary. The corporate address and state of incorporation must be shown.

8.4 Bids by partnerships must be executed in the partnership name and signed by a partner, whose title must appear under the signature, and the official address of the partnership must be shown below the signature.

8.5 Bids by a sole proprietorship must be executed and signed in the name of the individuals, whose title must appear under the signature, and the official address of the proprietorship must be shown below the signature.

8.6 Bids by joint ventures shall be signed by each participant in the joint venture or by an authorized agent of each participant.

8.7 All names must be typed or printed below the signature. When requested by Owner, evidence of the authority of the person signing shall be furnished.

8.8 The bid shall contain an acknowledgment of receipt of all Addenda (the numbers of which must be filled in on the Bid Form).

8.9 The address and telephone number for communications regarding the Bid must be shown.

8.10 No alterations in Bids, or in the printed forms therefore, by erasures, interpolations, or otherwise will be acceptable unless each such alteration is signed or initialed by the Bidder;

if initialed, Owner may require the Bidder to identify any alteration so initialed.

PART 9. SUBMISSION OF BIDS

Bids shall be submitted at or before the time and at the place for receipt of Bids indicated on the Notice to Bidders, or the modified time and date indicated by Addendum, if any. The completed Bid shall be enclosed in an opaque sealed envelope, clearly marked with the Project Title, Project Bid Number (4850-02-26), and Bidder's name/address on the outside.

Please note that two (2) complete bid packages must be submitted. If only one (1) bid package is submitted, the bid will be rejected. Digital submissions are not allowed.

Mailing address:

Lee County Finance Office Attention: Purchasing

Agent 115 Chatham Street, Suite 301

Sanford, NC 27330

If the Bid is hand delivered, please deliver to Lee County Finance located at 115 Chatham Street

7 | P a g e in Sanford (the Sanford Buggy Company). Please enter through the main entrance which is on the east/lower side of the building and take the elevator or stairwell to the Finance Office on the 3rd Floor (Suite 301). Ring the doorbell there for assistance.

Bidder shall assume full responsibility for timely delivery at the location designated for receipt of Bids. Bids submitted after the time of Bid Opening will not be accepted and will be returned to the Bidder unopened.

The following documents shall be completely filled out, enclosed with the original documents + one copy in a sealed envelope (electronic bid submissions will not be accepted) to be considered a Qualified Bid:

▪ Complete Contract Documents

▪ Affidavit A or Affidavit B from Exhibit D – Minority Business Requirements

▪ Two copies of the items above (1 original and 1 copy)

Failure to submit any of the above items with the proposal shall be just cause for rejection of the bid proposal by the Owner. The Owner may require additional information to be submitted to qualify the Bids as specified in these Instructions to Bidders.

No bid may be withdrawn after receipt of Bids for a period of 60 days.

PART 10. OPENING OF BIDS

Bids will be received, publicly opened and read at the time and place indicated in the Notice to Bidders, or as modified by Addendum, if any.

PART 11. BIDS TO REMAIN SUBJECT TO ACCEPTANCE

All Bids will remain subject to acceptance for sixty (60) days after the day of the Bid opening, PART 12. LUMP SUM CONTRACT

This contract will be awarded on a Lump Sum basis.

PART 13. AWARD OF CONTRACT

Owner reserves the right to reject any and all Bids, to waive any and all informalities not involving price, time or changes in the Work and to negotiate contract terms with the lowest responsive bidder, and the right to disregard all nonconforming, nonresponsive, unbalanced or conditional Bids. Also, Owner reserves the right to reject the Bid of any Bidder, whether because the Bid is not responsive, or the Bidder is unqualified or of doubtful financial ability or fails to meet any

8 | P a g e other pertinent standard or criteria established by the Owner. Discrepancies in the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum.

In evaluating Bids, Owner will consider the qualifications of the Bidders, whether or not the Bids comply with the prescribed requirements, and such alternates, unit prices and other data, as may be requested in the Bid Form or prior to the Notice of Award.

Owner may conduct such investigations as Owner deems necessary to assist in the evaluation of any Bid and to establish the responsibility, qualifications and financial ability of Bidders, proposed Subcontractors, Suppliers and other persons and organizations to perform and furnish the Work in accordance with the Contract Documents to Owner's satisfaction within the prescribed time.

The apparent low bidder, for the purpose of award, shall be the responsive and responsible bidder offering the lowest aggregate amount for the base bid plus selected bid alternates (if any) and meeting all other bid submittal requirements.

The award of the Contract, if it is awarded, will be to the lowest responsible Bidder (Successful Bidder) whose qualifications indicate the award will be in the best interest of the Owner and whose proposal complies with all the prescribed requirements.

If the Contract is to be awarded, Owner will give the Successful Bidder a Notice of Award within sixty (60) days after the day of the Bid opening.

PART 14. SIGNING OF CONTRACT

When the Owner gives a Notice of Award to the Successful Bidder, it will be accompanied by the required number of unsigned counterparts of the Contract with all other written Contract Documents attached. Within fifteen (15) days thereafter, Contractor shall sign and deliver the required number of counterparts of the Contract and attached documents to Owner. In case of failure of the Bidders to execute the Contract, the Owner may at his option consider the Bidder in default. Within ten (10) days after receiving the signed Contracts, Owner shall deliver two

(2) fully signed counterparts to Contractor. Each counterpart is to be accompanied by a complete set of the Contract Documents. Should the Owner not execute the Contract within such period, the Bidder may by written notice withdraw his signed Contract. Such Notice of Withdrawal shall be effective upon receipt of the notice by the Owner.

PART 15. MINORITY BUSINESS / HISTORICAL UNDERUTILIZED BUSINESS PARTICIPATION

Lee County is an equal opportunity employer and services provider. Lee County specifically encourages small, minority, and women owned businesses to submit bids. Also, Lee County requires bidders to comply with their Minority Business / Historical Underutilized Business participation goals. Each bidder shall examine 1) Exhibit D – Minority Business / Historical

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Underutilized Business Participation Outreach Plan and Guidelines for requirements in the bid proposal and for contract award.

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BID FORM

LEE COUNTY COKE WAREHOUSE FIRE SPRINKLER SYSTEM

Bidder: ________________________________________________________

Address: ________________________________________________________

Contact Person: ________________________________________________________

Telephone: ________________________________________________________

Email: ________________________________________________________

Fax Number (If Available): ________________________________________________________

Contractor's NC License No.: ________________________________________________________

1. The undersigned BIDDER proposes and agrees, if this Bid is accepted, to enter into a formal

Contract with Lee County, NC, hereafter referred to as the OWNER, in the form included in the Contract Documents to perform and furnish all Work as specified or indicated in the Contract Documents for the Contract Price and within the Contract Time indicated in the Bid and in accordance with the other terms and conditions of the Contract Documents.

2. The BIDDER accepts all of the terms and conditions of the Notice to Bidders, Instructions to Bidders, General Conditions, Bid Form, and all other parts of the Contract Documents. This includes without limitation those dealing with the disposition of Bid Security. This Bid will remain subject to acceptance for sixty (60) days after the day of Bid opening. The BIDDER will sign and submit the Agreement with the Bonds and other documents required by the Bidding Requirements within fifteen (15) days after the date of OWNER's Notice of Award.

3. In submitting this Bid, BIDDER represents, as more fully set forth in the Agreement, that:

(a) BIDDER has examined copies of all Contract Drawings and Contract Documents for this project, and of the following Addenda (receipt of which is hereby acknowledged):

Addendum Number Addendum Date

(b) BIDDER has familiarized itself with the nature and extent of the Contract Documents, 11 | P a g e work, site, locality, and all local conditions, Laws and Regulations that in any manner may affect cost, progress, performance or furnishing of the Work.

(c) BIDDER has carefully examined work area and subsurface conditions and accepts the extent of the technical data available.

(d) BIDDER has reviewed and checked all information and data shown on the Contract Documents with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the accurate location of said Underground Facilities. No additional examinations, investigations, explorations, tests, reports or similar information or data in respect to said Underground Facilities are or will be required by BIDDER in order to perform and furnish the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents.

(e) BIDDER has given OWNER written notice of all conflicts, errors or discrepancies that it has discovered in the Contract Documents and the written resolution thereof by OWNER is acceptable to BIDDER.

(f) This Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation; BIDDER has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; BIDDER has not solicited or induced any person, firm or corporation to refrain from bidding; and BIDDER has not sought by collusion to obtain for itself any advantage over any other Bidder or over OWNER.

4. It is the intent of these Contract Documents that compensation be based on lump sum pricing,

5. BIDDER agrees to complete the Work described in the specifications and as shown on the drawings for the following LUMP SUM (LS) prices:

BASE BID (Figures): $___________________________________________________

BASE BID (Written Words): $___________________________________________________

6. All bidders shall provide pricing with sales tax listed as a separate line item. The base cost of goods and/or services must be clearly identified exclusive of sales tax.

7. Bidder understands that the Owner reserves the right to reject any or all bids and to waive formalities in the bidding.

8. On being awarded the Contract, the Bidder will execute Performance and Payment Bonds on the forms included herein each equal to one hundred percent (100%) of the contract price, as security for the faithful performance of the Contract.

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9. Project Time: Bidder agrees that the Work will be substantially completed and ready for final payment within the number of calendar days indicated herewith:

WORK TIMEFRAME

Base Bid 60 calendar days

10. Liquidated Damages: The undersigned agrees further that the Owner may retain those amounts indicated below from the amount of Compensation due the undersigned, under the terms of the Agreement, for each and every day in excess of the completion date that the work remains incomplete. This amount is agreed upon as the proper measure of liquidated damages the Owner will sustain, per day, by the failure of the undersigned to complete the work, within the stipulated time, and it is not construed, in any sense, as a penalty.

Owner's Liquidated Damages $500 per calendar day

11. The following documents are attached to and made a condition of this Bid:

Required Bid Security in the form of __________________________________________________.

(Insert the words "Certified Check" or "Bid Bond").

Bid Security Amount $______________________________________________________________.

(5% of the total bid amount)

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BID EXECUTION FORM

Joint Venture Bids must be executed by Both Parties (see below).

Respectfully Submitted:

Bidder_______________________________

Doing BUSINESS as a *__________________

By__________________________________

Title_________________________________

Address______________________________

(Sealed - if bid is by a corporation) ____________________________________

Telephone Number:____________________

Attest:_______________________________

(DATE) N.C. License No.________________________

* Insert Partnership; Corporation;

or Individual as appropriate.

IF JOINT VENTURE:

Respectfully Submitted:

Bidder_______________________________

Doing BUSINESS as a *__________________

By__________________________________

Title_________________________________

Address______________________________

(Sealed - if bid is by a corporation) Telephone Number:____________________

Attest:_______________________________

(DATE) N.C. License No.________________________

* Insert Partnership; Corporation; or Individual as appropriate.

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BID BOND

Any singular reference to Bidder, Surety, Owner or other party shall be considered plural where applicable.

BIDDER (Name and Address):

SURETY (Name and Address of Principal Place of Business):

OWNER (Name and Address):

BID

Bid Due Date:

Description (Project Name and Include Location):

BOND

Bond Number:

Date (Not earlier than Bid due date):

Penal sum __________________________ $________________________________

(Words) (Figures) Surety and Bidder, intending to be legally bound hereby, subject to the terms set forth below, do each cause this Bid Bond to be duly executed by an authorized officer, agent, or representative.

BIDDER SURETY

_____________________________________(Seal) _______________________________________(Seal)

Bidder’s Name and Corporate Seal Surety’s Name and Corporate Seal

By:___________________________________ By:_____________________________________

Signature Signature (Attach Power of Attorney)

Print Name Print Name

Title Title

Attest: ________________________________ Attest: __________________________________

Signature Signature

Title Title

Note: Above addresses are to be used for giving any required notice. Provide execution by any additional parties, such as joint venturers, if necessary.

STATE OF NORTH CAROLINA

COUNTY OF LEE

AGREEMENT

1. AGREEMENT. This agreement ("Agreement") is entered into on the day of , 20 , by and between Lee County, a political subdivision of the

State of North Carolina ("County") and , ("Contractor"), whose business address is .

2. INDEPENDENT CONTRACTOR. Contractor shall be an independent contractor in all its activities pursuant to this Agreement. Neither Contractor nor any of its employees are to be considered County’s employee or agent for any purpose including, but not limited to, the accrual of any employee benefits. Contractor is not authorized to represent County or otherwise bind County in any dealings between Contractor and third parties. Any employees furnished by

Contractor under this Agreement shall be deemed to be Contractor's employees exclusively.

3. SCOPE OF THE WORK. Contractor shall furnish all labor, equipment, tools, materials, supplies, transportation, tests and supervision required to complete in a workmanlike manner the work described in the Engineered Stamped Drawings (“Drawings”), which were submitted with Contractor’s bid.

4. PERIOD OF PERFORMANCE. This Agreement shall commence as of the date first written above and shall continue until terminated by either party in accordance with the terms of this Agreement. Contractor shall promptly commence Work and shall complete Work as required in the Project within .

5. PAYMENT FOR WORK. Payment for work satisfactorily completed shall be made within thirty (30) days of receipt of invoice by County’s finance office. Payment will be made in a lump sum to Contractor after County is satisfied with the project. The County will pay the Contractor an amount not to exceed for the scope of work for this project. Contractor shall submit documentation supporting its entitlement to payment as required by County, and County shall have no obligation to pay Contractor unless and until County has received such documentation. The County will not pay for late charges or finance charges assessed for any reason.

6. LICENSING REQUIREMENTS. Contractor represents and warrants that it holds a valid North Carolina General Contractor’s License at all times in the performance of Work and that license meets the level of requirements for this project and shall submit to County a copy of said license. Any subcontractors retained by Contractor must also hold current, appropriate licenses.

7. PERMITS AND LICENSES. Unless otherwise agreed in writing in advance by

County, Contractor shall obtain and pay for all licenses and permits that are required for it to perform Work.

8. COMPLIANCE WITH LAWS/COMPLIANCE WITH RULES AND POLICIES

OF COUNTY. In performing the services pursuant to this Agreement, Contractor shall comply with all laws, rules, regulations, ordinances, codes, standards, and orders of any and all governmental bodies, agencies, authorities, and courts having jurisdiction. Contractor also shall comply with all rules and policies of County. Contractor will also perform background checks of his employees and require background checks of subcontractors.

9. INSURANCE. Contractor shall comply with the insurance requirements set forth in Exhibit B, attached and incorporated herein by reference.

No workers’ compensation insurance shall be obtained by County concerning Contractor or the employees of Contractor. Contractor shall comply with the workers’ compensation law concerning Contractor and the employees of Contractor.

10. TAXES. Contractor shall be responsible for paying all taxes, fees, assessments and premiums of any kind payable on its employees and operations. Contractor shall substantiate, on demand by County, that all taxes and other charges are being properly paid.

Pursuant to N.C.G.S. § 105-164.14, County is eligible for sales and use tax refunds on all materials which become a permanent part of the construction. Contractor agrees to provide County such documentation as may be necessary to meet the requirements of the North Carolina Department of

Revenue regarding requests for refund of sales and use taxes. Such requirements include those described in the North Carolina Department of Revenue Sales and Use Tax Technical Bulletins § 18-

2(F), outlined below:

To substantiate a refund claim for sales or use taxes paid on purchases of building materials, supplies, fixtures, and equipment by a contractor, County must secure from a contractor certified statements setting forth the specific required information. A “certified statement” is a statement signed by a contractor’s County, a corporate officer of a contractor, or an employee of a contractor who is authorized to provide information set forth in the statement. The certified statement must include all of the following information:

a. The date the property was purchased;

b. The type of property purchased;

c. The cost of property purchased and the amount of sales and use taxed paid thereon;

d. The vendor from whom the property was purchased;

e. The project for which the property was purchased;

f. If the property was purchased in the State of North Carolina, the county to which it was delivered, or, if the property was not purchased in the State of North Carolina, the county in which the property was used; and

g. The invoice number of the purchase.

In the event Contractor makes several purchases from the same vendor, such certified statement must indicate the invoice numbers, the inclusive dates of the invoices, the total amount of the invoices, and the State and local sales and use taxes paid thereon. Such statement must also include the cost of any tangible personal property withdrawn from Contractor’s warehouse stock and the amount of State and local sales or use tax paid thereon by Contractor. Any local sales or use taxes included in Contractor’s statements must be shown separately from the State sales or use taxes. Contractor’s statements must not contain sales or use taxes paid on purchases of tangible personal property purchased by Contractor for use in performing the Contract which does not annex to, affix to or in some manner become a part of the building or structure that is owned or leased by a governmental agency and is being erected, altered or repaired for use by a governmental entity as defined by N.C.G.S. § 105-164.14(c). Examples of property on which sales or use tax has been paid by Contractor and which shall not be included in Contractor’s certified statement are scaffolding, forms for concrete, fuel for the operation of machinery and equipment, tools, equipment, equipment repair parts and equipment rentals. Similar certified statements by Subcontractors must be obtained by Contractor and furnished to County.

Contractor shall submit notarized sales tax certificates which meet the requirements detailed above with each Application for Payment. Payment will not be made until the sales tax certificate(s) have been submitted to County. County is the recipient of sales tax refunds and no such funds shall be provided to Contractor, or claim made by Contractor therefor.

11. WARRANTY OF WORK. Contractor warrants that all Work shall be new, unless otherwise agreed upon, and of good quality and performed in a good and workmanlike manner. Contractor shall, at its own expense, at the request of County, promptly replace or repair any defective or deficient Work for a period of one year after completion of Work. The express warranty contained in this section shall not diminish any of County's rights against Contractor with respect to the time within which proceedings may be commenced to establish Contractor's liability with respect to Contractor's obligations other than specifically to correct Work.

12. SAFETY. Contractor shall establish and enforce safe working procedures at all times during its performance of Work in accordance with all federal, state and local laws, ordinances, rules and regulations pertaining to safety. Contractor shall ensure that any hazardous chemical use or transport must conform to OSHA’s Hazard Communication Standard, Department of Transportation requirements and applicable EPA requirements. Contractor must provide the County a Material Safety Data Sheet with or prior to any shipment of any hazardous chemical or material.

13. AGE LIMITS. No employee of Contractor under the age of 18 shall be permitted on property owned or leased by County.

14. CONTRACTOR’S CERTIFICATION. Due to the nature of this contract and items located within the work site, Contractor shall ensure all employees working on this project, including any subcontractor employees, have a national background check at Contractor’s expense. Proof of background checks should be submitted to County for each employee prior to the employee entering the building. Contractor shall provide a signed statement on its letterhead with a list of the names of all employees working on the project that attests to the national background checks for each of these employees and attests as follows: “This is to certify that all employees listed on this page that are scheduled to work on this project have not been convicted of a felony within the past 7 years, can qualify for voting rights reinstatement, and are not on active parole or active probation. Workers with felony convictions who do not qualify under special conditions will not be allowed to access this work site.” This shall be provided to Owner prior to the beginning of work

15. CLEANUP. Contractor shall keep its work areas clean of debris and excess materials, and at the end of each day will leave its work areas in broom-clean condition. If Contractor fails to clean up as required herein, County may clean up and deduct the cost from contractor's payment. Contractor is also responsible for the removal of hazardous construction materials from the job site, and those will need to be disposed of in accordance with State, Federal and Local laws. Cleanup of the job site and removal of hazardous waste materials must occur within fourteen days.

16. LIABILITY. Contractor agrees to protect, defend, indemnify and hold County, its officers, employees and agents free and harmless from and against any and all losses, penalties, damages, settlements, costs, charges, professional fees or other expenses or liabilities of every kind and character arising out of or relating to any and all claims, liens, demands, obligations, actions, proceedings, or causes of action of every kind in connection with or arising out of this agreement and/or the performance hereof that are due, in whole or in part, to the negligence of the Contractor, its officers, employees, subcontractors or agents. Contractor further agrees to investigate, handle, respond to, provide defense for, and defend the same at its sole expense and agrees to bear all other costs and expenses related thereto. Contractor will ensure any and all Subcontractor agreements between Contractor and Subcontractor will include this same provision.

17. DEFAULT/TERMINATION. If Contractor fails or refuses to supply sufficient and properly skilled labor, equipment or materials, or fails in any respect to diligently prosecute

Work, or otherwise is in default or breach of any term of this Agreement, County may terminate this Agreement upon 24 hours' written notice. In the event of such termination, Contractor immediately will stop work and remove its employees from County's property. County may complete the Work in whatever way it determines best, and at completion of the Work shall pay

Contractor for the value of the Work performed by Contractor (excluding profit) but unpaid prior to the termination, less any costs incurred by County to correct any deficiencies or defects attributable to Contractor's work. If a bid bond has been required, the County will collect on the bid bond.

18. TERMINATION FOR CONVENIENCE. County may terminate this Agreement at any time upon three (3) days’ written notice to Contractor. Such termination shall be effective in the manner specified in such written notice. Upon a termination for convenience, County shall pay Contractor for Work performed to the date of termination. Contractor shall accept such payment in full and final payment and shall make no claim of any kind against County, including but not limited to any claim for any additional payment.

19. ASSIGNMENT. Neither this Agreement, nor any payments to be earned pursuant to this Agreement, may be assigned by Contractor without the prior written consent of County.

20. NO WAIVER. The failure of the County to strictly enforce any of the provisions of this Agreement, or not exercise its options provided herein, shall not be construed as a waiver of its right thereafter to require such compliance or to exercise any such options.

21. E-VERIFY. E-Verify is the federal program operated by the United States

Department of Homeland Security and other federal agencies, or any successor or equivalent program, used to verify the work authorization of newly hired employees pursuant to federal law. Contractor shall ensure that Contractor and any subcontractor performing work under this

Agreement: (i) uses E-Verify if required to do so by North Carolina law; and (ii) otherwise complies with the requirements of Article 2 of Chapter 64 of the North Carolina General

Statutes. A breach of this provision by Contractor will be considered a breach of this

Agreement, which entitles County to terminate this Agreement, without penalty, upon notice to

Contractor.

22. IRAN DIVESTMENT ACT. Pursuant to Article 6E of Chapter 147 of the North

Carolina General Statutes, County must require most entities with which it contracts, which would include the Contractor under this Agreement, to certify that the entity is not identified on a list created by the State Treasurer pursuant to N.C.G.S. § 147-86.58 (the “Final Divestment

List”). This requirement is related to ensuring that entities with which local governments contract are not involved in investment activities in Iran. The Contractor certifies that: (i) it is not listed on the Final Divestment List; and (ii) it will not utilize any subcontractor performing work under this Agreement which is listed on the Final Divestment List.

23. ENTIRE AGREEMENT. This Agreement represents the entire agreement of the parties, and may not be modified except in writing signed by both parties.

24. GOVERNING LAW. This agreement shall be construed and enforced in accordance with the laws of the State of North Carolina. The parties to this agreement confer exclusive jurisdiction of all disputes arising hereunder upon the General Courts of Justice Lee

County, North Carolina.

25. NOTICE TO COUNTY. Contractor shall immediately notify the County of any problems or issues that arise during the course of the performance of this contract, including but not limited to, delays in shipping, faulty products or materials, delays in progress, unexpected circumstances or budgetary issues.

26. NON-APPROPRIATION CLAUSE. Contracotr acknowledges that Lee County is a governmental entity, and the contract validity is based upon the availability of public funding under the authority of its statutory mandate. In the event that public funds are unavailable and not appropriated for the performance of Lee County’s obligations under this contract, then this contract shall automatically expire without penalty to Lee County thirty (30) days after written notice to Contractor of the unavailability and non-appropriation of public funds. It is expressly agreed that Lee County shall not activate this non-appropriation provision for its convenience or to circumvent the requirements of this contract, but only as an emergency fiscal measure during a substantial fiscal crisis, which affects generally its governmental operations. In the event of a change in the Lee County’s statutory authority, mandate and mandated functions, by state and federal legislative or regulatory action, which adversely affects Lee County’s authority to continue its obligations under this contract, then this contract shall automatically terminate without penalty to Lee County upon written notice to Contractor of such limitation or change in

Lee County’s legal authority.

27. CONFLICT OF INTEREST. If this is a contract for design, engineering, contract administration or similar services, the Contractor will not enter into contracts or agreements with third parties that may present a potential for conflict of interest between Lee County and the third parties regarding the subject matter of this Contract or Agreement.

28. DIVESTMENT FROM COMPANIES THAT BOYCOTT ISRAEL. Contractor certifies that (a) it is not identified on the Israel Boycott List or any other list created by the NC

State Treasurer pursuant to N.C.G.S. 147—86.80 et al and (b) it will not take any action causing it to appear on any such list during the term of the contract agreement.

29. NON DISCRIMINATION IN EMPLOYMENT. The Contractor will not discriminate again any employee or applicant for employment because of age, sex, race, creed, national origin or disability. In the event Contractor is determined by the final order of an appropriate agency or court to be in violation of this provision or any non-discrimination provision of federal, state or local law, this Contract may be suspended or terminated, in whole or in part by the County. In addition, the Contractor may be declared ineligible for further contracts with the County.

30. GOV OPPS. Contractor acknowledges that by contracting with Lee County and receiving public funds, they may be subject to potential examination, evaluation and investigation, including access to buildings and documents and compelled testimony, by the Joint

Legislative Commission on Governmental Operations under Section 27.10(b) of North Carolina

S.L. 2023-134. Contractor acknowledges that Lee County has no control over the Commission and its activities.

IN WITNESS WHEREOF, the parties hereto, acting under authority of their respective governing bodies, have caused this contract to be duly executed, this the day and year first above written.

ATTEST LEE COUNTY

By: By:

Clerk to the Board of Commissioners Chair, Board of Commissioners

ATTEST CONTRACTOR

By: By:

EXHIBIT B

INSURANCE REQUIREMENTS

At Contractor’s sole expense, Contractor shall procure and maintain the following minimum insurances with insurers authorized to do business in North Carolina and rated A-VII or better by

A.M. Best.

A. WORKERS’ COMPENSATION

Statutory limits covering all employees, including Employer’s Liability with limits of:

$500,000 Each Accident

$500,000 Disease - Each Employee $500,000 Disease - Policy Limit

B. COMMERCIAL GENERAL LIABILITY

Covering Ongoing and Completed Operations involved in this Agreement.

$2,000,000 General Aggregate

$2,000,000 Products/Completed Operations Aggregate

$1,000,000 Each Occurrence

$1,000,000 Personal and Advertising Injury Limit

$5,000 Medical Expense Limit

C. COMMERCIAL AUTOMOBILE LIABILITY

$1,000,000 Combined Single Limit - Any Auto

D. PROFESSIONAL LIABILITY

$1,000,000 Claims Made

Contractor shall provide evidence of continuation or renewal of Professional Liability Insurance for a period of two (2) years following termination of the Agreement.

E. POLLUTION LIABILITY INSURANCE

Contractor shall provide evidence of continuation or renewal of Pollution

Liability Insurance for a period of two (2) years following termination of the

Agreement.

F. NETWORK SECURITY & PRIVACY LIABILITY (CYBER)

Contractor shall provide evidence of continuation or renewal of Technology

Errors & Omissions Insurance for a period of two (2) years following termination of the Agreement.

G. ABUSE AND MOLESTATION INSURANCE

$300,000 Per Claim $300,000 Aggregate Limit

ADDITIONAL INSURANCE REQUIREMENTS

A. The Contractor’s General Liability policy shall be endorsed, specifically or generally, to include the following as Additional Insured:

Lee COUNTY, ITS OFFICERS, AGENTS AND EMPLOYEES ARE

INCLUDED AS ADDITIONAL INSURED WITH RESPECTS TO THE

GENERAL LIABILITY INSURANCE POLICY.

Additional Insured status for Completed Operations shall extend for a period of not less than three (3) years from the date of final payment.

B. Before commencement of any work or event, Contractor shall provide a

Certificate of Insurance in satisfactory form as evidence of the insurances required above.

C. Contractor shall have no right of recovery or subrogation against Lee County (including its officers, agents and employees).

D. It is the intention of the parties that the insurance policies afforded by contractor shall protect both parties and be primary and non-contributory coverage for any and all losses covered by the above-described insurance.

E. Lee County shall have no liability with respect to Contractor’s personal property whether insured or not insured. Any deductible or self-insured retention is the sole responsibility of Contractor.

F. Notwithstanding the notification requirements of the Insurer, Contractor hereby agrees to notify County’s Risk Manager at 408 Summit Avenue, Sanford NC

27330, within two (2) days of the cancellation or substantive change of any insurance policy set out herein. Lee, in its sole discretion, may deem failure to provide such notice as a breach of this Agreement.

G. The Certificate of Insurance should note in the Description of Operations the following:

Department:

Contract #:

H. Insurance procured by Contractor shall not reduce nor limit Contractor’s contractual obligation to indemnify, save harmless and defend Lee County for claims made or suits brought which result from or are in connection with the performance of this Agreement.

I. Certificate Holder shall be listed as follows:

Lee County

Attention: Risk Manager 408 Summit Avenue

Sanford, NC 27330

J. If Contractor is authorized to assign or subcontract any of its rights or duties hereunder and in fact does so, Contractor shall ensure that the assignee or subcontractor satisfies all requirements of this Agreement, including, but not limited to, maintenance of the required insurances coverage and provision of certificate(s) of insurance and additional insured endorsement(s), in proper form prior to commencement of services.

EXHIBIT D

LEE COUNTY’S MINORITY BUSINESS/HISTORICALLY

UNDERUTILIZED BUSINESS

PARTICIPATION OUTREACH PLAN AND GUIDELINES

SECTION A. INTENT

SECTION B. DEFINITIONS

SECTION C. MINORITY OUTREACH PLAN AND GUIDELINES

SECTION D. MINIMUM COMPLIANCE REQUIREMENTS

SECTION E. DISPUTE RESOLUTION PROCEDURES

SECTION F. BID PACKET PROVISIONS

SECTION G. INFORMAL BIDDING STATUTE

SECTION H. AFFIDAVITS FOR BIDDERS

SECTION I. BID PACKET COVERSHEET

OUTREACH PLAN AND GUIDELINES FOR RECRUITMENT AND SELECTION OF

MINORITY BUSINESSES FOR PARTICIPATION IN LEE COUNTY

BUILDING CONSTRUCTION OR REPAIR CONTRACTS

N.C.G.S. 143-128.2 requires that a local government unit or other public or private entity that receives State appropriations for a building project or other State grant funds for a building project, including a building project done by a private entity on a facility to be leased or purchased by the local government unit, where the project cost is one hundred thousand dollars ($100,000) or more, shall have a verifiable ten percent (10%) goal for participation by minority businesses in the total value of the work. A verifiable goal is also required for building projects costing three hundred thousand dollars ($300,000) or more when no state funds are involved. The outreach plan shall also be applicable to the selection process of architectural, engineering, and Construction

Manager-at-Risk services, unless otherwise exempted.

Lee County has a current verifiable goal of 10% percent for minority participation for building construction or repair projects. The goal will be reviewed annually or as soon as relevant data is available.

SECTION A: INTENT

It is the intent of these guidelines that Lee County, as awarding authority for building construction or repair projects, and the contractors and subcontractors performing the construction contracts awarded shall cooperate and in good faith do all things legal, proper, and reasonable to achieve the goal of 10% percent for participation by minority businesses in each building construction or repair project as required by GS 143-128.2. Nothing in these guidelines shall be construed to require contractors or awarding authorities to award contracts or subcontracts to or to make purchases of materials or equipment from minority-business contractors or minority-business subcontractors who do not submit the lowest responsible, responsive bid or bids. Lee County wants to provide historically underutilized businesses opportunities to participate in bidding opportunities.

SECTION B: DEFINITIONS

1. Minority - a person who is a citizen or lawful permanent resident of the United States and who is:

a. Black, that is, a person having origins in any of the black racial groups in Africa;

b. Hispanic, that is, a person of Spanish or Portuguese culture with origins in Mexico, South or Central

America, or the Caribbean Islands, regardless of race;

c. Asian American, that is, a person having origins in any of the original peoples of the Far East, Southeast

Asia and Asia, the Indian subcontinent, the Pacific Islands;

d. American Indian, that is, a person having origins in any of the original peoples of North America; or

e. Female

f. Disabled, that is, a person with a disability as defined in N.C.G.S. 168-1 or N.C.G.S. 168A-3

g. Disadvantaged, that is, a person who is socially and economically disadvantaged as defined in 15 U.S.C.

Section 637

2.