Invitation for Bid No. 2026-068 Detention Center Boilers Replacement

Due Date: October 20, 2026 Time: 2:00 PM EDT Receipt Location: Mail or Hand Delivery Procurement & Contract Management Department 610 Patton Avenue Monroe, NC 28110

Procurement Contact:

Juan Rodriguez-Cruz Procurement Specialist 704.283.3519 Juan.Rodriguez-Cruz@unioncountync.gov mailto:Juan.Rodriguez-Cruz@unioncountync.gov

Union County, North Carolina IFB 2026-068 Detention Center Boilers Replacement

Contents 1 Notice of Advertisement 2 Bid Details

2.1 SUBMISSION DEADLINE

2.2 SUBMISSION REQUIREMENTS

2.3 NON-MANDATORY PRE-BID AND SITE VISIT

2.4 BID QUESTIONS

2.5 ADDENDA

2.6 COMMUNICATION

3 Introduction

3.1 PURPOSE

3.2 COUNTY

4 Project Background 5 Project Description and Scope of Work

5.1 GENERAL SCOPE

5.2 EQUIPMENT AND TECHNICAL REQUIREMENTS

5.3 INSTALLATION, TESTING, AND CLOSEOUT

5.4 PERMITS AND CODE COMPLIANCE

5.5 PROJECT DOCUMENTS

5.6 DETENTION CENTER SECURITY AND ACCESS REQUIREMENTS

6 Bid Requirements and Instructions

6.1 TERMS OF SUBMISSION

6.2 BID FORMAT

6.3 BASIS OF AWARD

6.4 BIDDER RESPONSIBILITY

6.5 LICENSING

6.6 SUBCONTRACTORS

6.7 APPROVED EQUALS AND SUBSTITUTIONS

6.8 BID VALIDITY

7 Award and Contract

7.1 AWARD PROCEDURE

7.2 CONTRACT EXECUTION AND COMMENCEMENT

7.3 CONTRACT DOCUMENTS

8 General Conditions and Requirements

8.1 TERMS OF CONTRACT

8.2 CONTRACTUAL OBLIGATIONS

8.3 EXPENSE OF FIRM

8.4 E-VERIFY

8.5 EQUAL EMPLOYMENT OPPORTUNITY

8.6 INSURANCE

8.7 INDEMNIFICATION

9 Appendix A - Bid Submission Form 10 Appendix B - Addendum and Anti-Collusion 11 Appendix C - Price Form 12 Appendix D - Template Agreement 13 Appendix E - Drawings and Technical Specifications 14 Appendix F - DETENTION CENTER SECURITY AND ACCESS REQUIREMENTS 21

IFB 2026-068 Detention Center Boilers Replacement

1 NOTICE OF ADVERTISEMENT

Invitation for Bid No. 2026-068

Detention Center Boilers Replacement

Formal sealed bids, so marked, will be received by mail or hand delivery by Union County Procurement & Contract Management until 2:00 PM EDT on October 20, 2026, at 610 Patton Avenue, Monroe, NC 28110. Bids will be publicly opened and read aloud at that time and location. Late bids will not be accepted.

Union County, North Carolina, through Union County Facilities Management, is seeking bids from qualified contractors to provide a complete, turn-key replacement of two existing domestic water boilers at the Union County Detention Center, 3344 Presson Road, Monroe, North Carolina 28112. The Work includes demolition and removal of existing equipment; furnishing and installing new condensing domestic-water boilers; required domestic-water, gas, venting, condensate, electrical and accessory connections; testing; startup; training; permits and inspections; and related work required by the Contract Documents.

This procurement will be conducted using formal construction bidding procedures. Bids will be received for a single-prime contract on a lump sum basis as set forth in the Price Form. The technical requirements are shown in the LaBella Associates bid drawings, project specifications, and related project documents identified in this IFB.

This solicitation and any issued addenda will be available electronically from the Union County Procurement & Contract Management - Current Bids webpage. Bidders are responsible for obtaining all solicitation documents and addenda prior to submitting a bid.

Bidders shall be properly licensed in the State of North Carolina to perform the Work and shall provide the applicable contractor license information with the bid. Each bid shall also include the required five percent (5%) bid deposit.

Bidders are required to comply with the non-collusion requirements set forth in the Solicitation Documents.

Union County (UC) reserves the right to reject any or all submittals, to waive technicalities and to make such selection deemed in its best interest. With limited response, Union County reserves the right to extend the solicitation opening date as appropriate in order to assure a competitive procurement process.

-End of Advertisement-

IFB 2026-068 Detention Center Boilers Replacement

2 BID DETAILS

2.1 SUBMISSION DEADLINE

All bids for the Work specified are to be received by the Union County Procurement & Contract Management Department no later than 2:00 PM EDT on October 20, 2026. Any bid received after the stated date and time shall be rejected.

2.2 SUBMISSION REQUIREMENTS

Bids must be submitted in a sealed envelope, box, or package by mail or hand delivery to Union County Procurement & Contract Management, 610 Patton Avenue, Monroe, NC 28110, Attention: Juan Rodriguez-Cruz, Procurement Specialist. The outside of the package must be clearly marked with the IFB number and title, the Bidder’s company name, and the Bidder’s return address.

The bid must be signed by a person authorized to bind the bidding company. Electronic, email, and facsimile submissions will not be accepted. The Bidder is responsible for ensuring that its sealed bid is received at the stated location before the submission deadline.

Each bid must be accompanied by a bid deposit in an amount not less than five percent (5%) of the total bid. The bid deposit shall be in the form of cash, cashier's check, certified check, or an original bid bond executed by a corporate surety licensed to do business in North Carolina. Personal or company checks and facsimile bid bonds will not be accepted. Bids submitted without the required bid deposit will not be considered.

It is the responsibility of the Bidder to ensure that they have obtained all addenda prior to submitting their bid.

There is no expressed or implied obligation for Union County to reimburse Bidders for any expenses incurred in preparing a response to this request.

Union County reserves the right to reject any or all submittals, to waive technicalities and to make such selection deemed in its best interest, and to cancel this IFB.

2.3 NON-MANDATORY PRE-BID AND SITE VISIT

A non-mandatory pre-bid and site visit will be held on Friday, October 2, 2026, at 9:00 AM EDT at the Union County Detention Center, 3344 Presson Road, Monroe, NC 28112. Specific meeting-point and site-access/security instructions will be provided prior to the site visit or by written addendum.

2.4 BID QUESTIONS

Submittal questions will be due on or before 3:00 PM EDT on October 9, 2026, the primary purpose is to provide participating Bidders with the opportunity to ask questions, in writing, related to the IFB. Addenda will be issued prior to due date to answer applicable questions.

IFB 2026-068 Detention Center Boilers Replacement

Submit questions by e-mail to Juan Rodriguez-Cruz at Juan.Rodriguez- Cruz@unioncountync.gov by the deadline shown above. The email should identify the IFB number and project title. All questions and answers may be posted as addenda on Union County Website and/or North Carolina eVP website

The County anticipates issuing an addendum responding to applicable questions on October 13, 2026.

2.5 ADDENDA

Union County may modify the IFB prior to the date fixed for submission of bids by the issuance of an addendum.

Should an Bidder find discrepancies or omissions in this IFB or any other documents provided by Union County, the Bidder should immediately notify the County of such potential discrepancy in writing via email as noted above.

Any addenda to these documents shall be issued in writing. No oral statements, explanations, or commitments by anyone shall be of effect unless incorporated in the written addenda. Receipt of Addenda shall be acknowledged by the Bidder on Appendix B, Addendum and Anti-Collusion form.

2.6 COMMUNICATION

All communications, any modifications, clarifications, amendments, questions, responses or any other matters related to this Invitation for Bid must be made only through the Procurement Contact noted on the cover of this IFB. A violation of this provision is cause for the County to reject a Company’s bid. No contact regarding this document with the Board of County Commissioners or other County employees is permitted and may be grounds for disqualification.

3 INTRODUCTION

3.1 PURPOSE

Union County is soliciting bids from qualified contractors for IFB 2026-068, Detention Center Boilers Replacement. The County intends to award one contract for the complete Work required by the Contract Documents. The successful Bidder will furnish all labor, supervision, materials, equipment, tools, transportation, permits, inspections, testing, startup, training, warranties, and incidentals necessary to provide a complete and operational installation.

Award is intended to be made on a lump sum basis to the lowest responsive and responsible Bidder, subject to the County’s rights stated in this IFB and completion of all required approvals.

mailto:Juan.Rodriguez-Cruz@unioncountync.gov mailto:Juan.Rodriguez-Cruz@unioncountync.gov http://www.unioncountync.gov/ https://evp.nc.gov/solicitations/ http://www.ips.state.nc.us/

IFB 2026-068 Detention Center Boilers Replacement

3.2 COUNTY

The County (estimated population 263,386) is located in the central, southern piedmont.

The County provides its citizens with a full array of services that include public safety, water/wastewater utilities and sanitation, human services, cultural and recreational activities, and general government administration.

4 PROJECT BACKGROUND

The project is located at the Union County Detention Center, 3344 Presson Road, Monroe, North Carolina 28112. The existing domestic hot-water system includes two gas-fired boilers.

The engineer’s bid drawings identify an existing approximately 1.2 MMBH, 250-gallon water boiler serving the shower areas and an existing approximately 540 MBH, 125-gallon water boiler serving the kitchen. The existing equipment is to be removed and replaced with two new condensing domestic-water boilers as shown in the Contract Documents.

LaBella Associates prepared the project bid drawings and technical specification. The current drawing set is identified as Project No. 2263997, issued for bid and dated September 15, 2026.

The County has also received a conditional review notification associated with the mechanical permit for the project.

5 PROJECT DESCRIPTION AND SCOPE OF WORK

The Work consists of a turn-key replacement of the two existing boilers at the Union County Detention Center. The requirements below summarize the Work for bidding convenience and do not replace or limit the stamped drawings, specifications, manufacturer requirements, permit conditions, or other Contract Documents.

5.1 GENERAL SCOPE

Remove, drain, disconnect, and legally dispose of the existing boilers and associated connections that are not designated for reuse.

Furnish and install two new condensing, gas-fired boilers meeting the capacities, recovery rates, efficiency, connection requirements, and other performance criteria shown on the drawings and specifications.

Connect new water boilers to existing domestic cold-water, domestic hot-water, hot-water recirculation, and natural-gas systems as shown. Provide required valves, unions, fittings, accessories, thermometers, gauges, relief valves, drains, and related components.

Provide required venting/combustion-air systems, condensate drainage and neutralization, and all associated piping and accessories in accordance with the Contract Documents and manufacturer requirements.

Provide the electrical connections required for the one-for-one equipment replacement. The drawings indicate no net electrical load is intended to be added or removed; the Contractor shall notify the Engineer of discrepancies or deficiencies before connecting new equipment.

IFB 2026-068 Detention Center Boilers Replacement

Provide all permits, inspections, equipment handling, rigging, loading/unloading, cutting and patching incidental to the Work, and restoration required for a complete installation.

Test for leaks, confirm proper operation, test and adjust controls and safeties, correct deficiencies, and complete startup in accordance with the specifications.

Provide required product submittals, operation and maintenance information, warranties, closeout documentation, and owner training.

5.2 EQUIPMENT AND TECHNICAL REQUIREMENTS

Equipment capacities, recovery rates, storage capacities, venting requirements, electrical characteristics, and other technical requirements shall be as shown in the stamped drawings and Section 223400, Fuel-Fired, Domestic-Water Heaters. The drawings identify PVI, AERCO, Lochinvar Armor, AO Smith, or approved equal as acceptable manufacturers.

Requests for an approved equal must be submitted in writing through the Procurement Contact by the bid-question deadline and must include sufficient technical information for the County and Engineer to evaluate equivalency. Approval of any equal or substitution will be made only in writing by addendum.

5.3 INSTALLATION, TESTING, AND CLOSEOUT

The Contractor shall install equipment with manufacturer-recommended service clearances; provide required anchorage, safety devices, gas controls, relief piping, drainage, and connections; and coordinate the installation with existing conditions. The Contractor shall perform required testing and inspections, including leak testing, operational testing, and testing/adjustment of controls and safeties.

The technical specification requires product data and other project submittals, operation and maintenance information, warranty documentation, and training for County maintenance personnel. Bidders shall include all such requirements in the lump sum bid.

5.4 PERMITS AND CODE COMPLIANCE

The Contractor shall obtain and pay for permits and inspections required to perform the Work unless otherwise stated in the Contract Documents. The project’s Conditional Review Notification dated September 24, 2026 states that the current adopted code in North Carolina is the 2018 North Carolina Building Codes and that this project was proposed using the 2024 North Carolina Building Codes as an alternate means of construction, with the installation to be field verified per the 2024 NCBC. The Contractor shall comply with the permit documents, applicable codes, and requirements of authorities having jurisdiction. The Contractor shall also comply with all applicable North Carolina Boiler Safety Bureau requirements, including required inspection and certification prior to operation.

IFB 2026-068 Detention Center Boilers Replacement

5.5 PROJECT DOCUMENTS

The following technical documents are issued with and incorporated into this IFB.

Bidders shall review all documents and include all required Work in the bid:

IFB 2026-068 Detention Center Boiler Replacement Specifications (Boilers Brief Specifications).

IFB 2026-068 Detention Center Boiler Replacement Stamped Drawings - LaBella Associates Project No. 2263997, Bid Set dated September 15, 2026.

Section 223400 - Fuel-Fired, Domestic-Water Heaters.

Conditional Review Notification - Project No. 20262319 / Application No. 56875, dated September 24, 2026.

If a Bidder identifies a discrepancy among the project documents, the Bidder shall request clarification from the Procurement Contact before the bid deadline and shall not rely on an oral interpretation.

5.6 DETENTION CENTER SECURITY AND ACCESS REQUIREMENTS

Because the Work will be performed within a secure detention facility, the successful Contractor and its subcontractors shall comply with all Union County Sheriff’s Office se-curity and access requirements applicable to the project.

Prior to accessing the work area, Contractor personnel shall provide the information re-quired by the Union County Sheriff’s Office, including state-issued identification, business identification if applicable, a list of tools to be brought into the facility, and a list of work-ers and designated team leaders.

Each employee, agent, or representative performing Work at the Detention Center shall also complete the Confidentiality and Non-Disclosure Agreement included in Appendix F.

The successful Contractor shall be responsible for ensuring that its personnel and sub-contractors comply with these requirements throughout the project.

6 BID REQUIREMENTS AND INSTRUCTIONS

6.1 TERMS OF SUBMISSION

All material received from a person or company (“Respondent”) in response to this solicitation shall become the property of Union County and will not be returned to the Respondent. Any and all costs incurred by a Respondent in preparing, submitting, or presenting submissions are the Respondent’s sole responsibility and Union County shall not reimburse the Respondent. All responses to this solicitation will be considered a public record and subject to disclosure under applicable public records law.

Any material in a response which the Respondent considers a trade secret and exempt from disclosure as a public record under applicable law, including N.C.G.S. §§ 132-1.2 and 66-152, must be properly designated as a trade secret. In order to properly designate such material, the Respondent must: (i) submit any trade secret materials in a separate envelope, or file, from all other submitted material, being clearly marked as

IFB 2026-068 Detention Center Boilers Replacement

“Trade Secret – Confidential and Proprietary Information,” and (ii) stamp the same trade secret/confidentiality designation on each page of the materials therein which contain trade secrets.

To the extent consistent with public records law, Union County will make reasonable efforts to maintain the confidential nature of trade secrets, as determined by Union County and subject to the conditions set forth herein. Respondent understands and agrees by submitting a response to this solicitation, that if a request is made to review or produce a copy of any information in the Respondent’s materials which was properly labeled by the Respondent as a trade secret, Union County will notify the Respondent of the request and the date that such materials will be released to the requestor unless the Respondent obtains a court order enjoining that disclosure. If the Respondent fails to obtain the court order enjoining disclosure prior to that date, Respondent understands and agrees that Union County will release the requested information to the requestor on that date.

Furthermore, the Respondent also agrees to indemnify and hold harmless Union County and each of its officers, employees, and agents from all costs, damages, and expenses incurred in connection with refusing to disclose any material that has been designated as a trade secret by Respondent.

6.2 BID FORMAT

The Bidder shall submit one complete sealed bid package containing the following required items:

Appendix A - Bid Submission Form, completed and signed, including identification of the contractors selected for the HVAC, plumbing, electrical, and general branches of work.

Appendix B - Addendum and Anti-Collusion, completed and signed.

Appendix C - Price Form, completed and signed.

Applicable North Carolina contractor license information.

Five percent (5%) bid deposit in an acceptable form as required by this IFB.

Any additional subcontractor information specifically required by the Contract Documents or an addendum.

Any other information specifically required by an addendum.

The Bidder’s failure to submit required forms or information may cause the bid to be determined nonresponsive.

6.3 BASIS OF AWARD

Bids shall be submitted on a lump sum basis. Award will be made to the lowest responsible, responsive Bidder, taking into consideration quality and performance, subject to the County’s rights stated in this IFB and applicable law. The County may request clarification or additional information necessary to determine responsiveness or responsibility, provided such request does not permit a material change to the bid.

IFB 2026-068 Detention Center Boilers Replacement

6.4 BIDDER RESPONSIBILITY

The Bidder is responsible for examining the site and Contract Documents; verifying dimensions, quantities, access, existing conditions, and coordination requirements; and determining the labor, materials, equipment, supervision, and other resources necessary to complete the Work. Submission of a bid constitutes acknowledgment that the Bidder has considered the requirements of the project documents in preparing its price.

6.5 LICENSING

The successful Contractor and its subcontractors shall maintain all licenses required to perform their respective portions of the Work in North Carolina. The Bidder shall provide its applicable North Carolina contractor license number and classification with the bid.

6.6 SUBCONTRACTORS

This project will be bid as a single-prime contract. In accordance with N.C.G.S. § 143- 128(d), each Bidder shall identify on Appendix A the contractor selected for each of the following branches of work: HVAC; plumbing; electrical; and general. If the Bidder will self-perform a branch of work, the Bidder shall list its own company name for that branch. “N/A” may be entered only when the Contract Documents contain no work within that branch. The successful Contractor will be responsible for all Work performed by the Contractor and its subcontractors and will remain the County’s primary contractual point of responsibility. Listed subcontractors may not be substituted after award except as permitted by applicable law and with County approval where required.

6.7 APPROVED EQUALS AND SUBSTITUTIONS

Where the Contract Documents identify named manufacturers together with “or approved equal,” a Bidder may request consideration of an equal product by the deadline for bid questions. The request shall include manufacturer, model, product data, dimensions, capacities, performance characteristics, warranty information, and other information reasonably necessary to evaluate the proposed equal. Bidders shall base their bids only on products identified in the Contract Documents or approved by written addendum.

6.8 BID VALIDITY

Bids shall remain valid and subject to acceptance for 120 calendar days after the bid deadline unless a different period is established by written addendum.

7 AWARD AND CONTRACT

7.1 AWARD PROCEDURE

Union County may make an award without further discussion of bids received. The County reserves the right to reject any or all bids, waive immaterial informalities, request clarification, verify Bidder qualifications and references, and cancel or re-advertise the solicitation when determined to be in the County’s best interest.

IFB 2026-068 Detention Center Boilers Replacement

Consistent with formal construction bidding procedures, at least three competitive bids are required on the first advertisement. If fewer than three competitive bids are received, the County will re-advertise the project. After the second advertisement, the County may award the contract to the lowest responsible, responsive Bidder even if fewer than three bids are received, in accordance with N.C.G.S. § 143-132.

A bid may be rejected if it is incomplete, conditional, materially nonresponsive, submitted late, or submitted by a Bidder that the County determines is not responsible for the Work.

7.2 CONTRACT EXECUTION AND COMMENCEMENT

The successful Bidder will be required to execute the County’s Small Construction Contract and provide required insurance and other post-award documentation. The successful Bidder shall furnish a performance bond and a payment bond, each in the amount of one hundred percent (100%) of the Contract Price, executed by a surety authorized to do business in North Carolina, together with any required power of attorney. Work shall not begin until the Agreement and required bonds are fully executed, all required County approvals are complete, and the Contractor has received written authorization to proceed, including a County purchase order and/or notice to proceed as applicable.

7.3 CONTRACT DOCUMENTS

The final contract will incorporate the executed County Small Construction Contract, this IFB, issued addenda, the accepted bid and forms, the stamped drawings and technical specifications, and other documents specifically incorporated into the agreement.

8 GENERAL CONDITIONS AND REQUIREMENTS

8.1 TERMS OF CONTRACT

The contract term will extend through completion of the services required for the project, subject to the terms of the final agreement and annual budget appropriation.

Union County has the right to reject any or all bids, to engage in further negotiations with any Company submitting a bid, and/or to request additional information or clarification.

All bids submitted in response to this request shall become the property of Union County and as such, may be subject to public review.

8.2 CONTRACTUAL OBLIGATIONS

The contents of this submittal and the commitments set forth in the selected bid shall be considered contractual obligations if a contract ensues. Failure to accept these obligations may result in cancellation of the award. All legally required terms and conditions shall be incorporated into final contract agreements with the selected Contractor.

IFB 2026-068 Detention Center Boilers Replacement

8.3 EXPENSE OF FIRM

The Owner accepts no liability for the cost and expenses incurred by firms in responding to this Procurement. Each Firm that enters into the Procurement process shall prepare the required materials and the bid at its own expense and with the express understanding that the Firm cannot make any claims whatsoever for reimbursement from the Owner for the costs and expenses associated with the process, even in the event the Owner cancels this Project or rejects all submittals.

8.4 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.

Vendor/Firm shall ensure that Firm and any Subcontractor performing work under this contract: (i) uses E-Verify if required to do so; and (ii) otherwise complies with applicable law.

8.5 EQUAL EMPLOYMENT OPPORTUNITY

All Firms will be required to follow Federal Equal Employment Opportunity (EEO) policies. Union County will affirmatively assure that on any project constructed pursuant to this advertisement, equal employment opportunity will be offered to all persons without regard to race, color, creed, religion, national origin, sex, and marital status, status with regard to public assistance, membership or activity in a local commission, disability, sexual orientation, or age. All submittals submitted in response to this request shall become the property of Union County and as such, may be subject to public review. All payroll taxes, liability and worker’s compensation are the sole responsibility of the Proposer. The Proposer understands that an employer/employee relationship does not exist under this contract.

8.6 INSURANCE

One or more of the following insurance limits may be required if it is applicable to the project. The County reserves the right to require additional insurance depending on the nature of the agreement.

1At 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, or as otherwise authorized by the Union County Risk Manager.

A. WORKERS’ COMPENSATION

Statutory (coverage for three or more employees) 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

IFB 2026-068 Detention Center Boilers Replacement

B. COMMERCIAL GENERAL LIABILITY

(for any agreement unless otherwise waived by the Risk Manager) 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

C. COMMERCIAL AUTOMOBILE LIABILITY

(for any agreement involving the use of a contractor vehicle while conducting services associated with the agreement)

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

D. PROFESSIONAL LIABILITY

(only for any agreement providing professional service such as engineering, architecture, surveying, consulting services, etc.)

$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.

ADDITIONAL INSURANCE REQUIREMENTS

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

UNION 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 Union 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.

IFB 2026-068 Detention Center Boilers Replacement

E. Union 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 500 N. Main Street # 130, Monroe, NC 28112, within two (2) days of the cancellation or substantive change of any insurance policy set out herein. Union, 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 Union 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:

Union County Attention: Risk Manager 500 N. Main Street Monroe, NC 28112

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.

IFB 2026-068 Detention Center Boilers Replacement

8.7 INDEMNIFICATION

Contractor agrees to protect, defend, indemnify and hold Union 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.

IFB 2026-068 Detention Center Boilers Replacement

9 APPENDIX A - BID SUBMISSION FORM

IFB 2026-068

Detention Center Boilers Replacement Submit with Bid

This Bid is submitted by:

Company Legal Name:

Representative Name:

Representative Signature:

Representative Title:

NC Contractor License No.:

License Classification / Limitation:

Address:

City/State/Zip:

Email Address:

Phone Number:

Website Address:

It is understood that Union County reserves the right to reject any and all submittals, to make awards according to the best interest of the County, to waive formalities, technicalities, to recover and re-advertise this project. This Bid is valid for 120 calendar days from the due date and is submitted by an executive of the company that has authority to contract with Union County, NC.

Name:

Title:

Signature:

Date:

IFB 2026-068 Detention Center Boilers Replacement

APPENDIX A - CONTINUED

IFB 2026-068

Detention Center Boilers Replacement

Submit with Bid

Single-Prime Branch Contractor Identification

List the contractor selected for each branch. If the Bidder will self-perform a branch, list the Bidder. Enter “N/A” only when no work within that branch is required by the Contract Documents.

Branch of Work Selected Contractor / Bidder if Self-Performing

NC License No. / Classification

HVAC

Plumbing

Electrical

General

IFB 2026-068 Detention Center Boilers Replacement

10 APPENDIX B - ADDENDUM AND ANTI-

COLLUSION

IFB 2026-068

Submit with Bid

Please acknowledge receipt of all addenda by including this form with your submittal. Any questions or changes received will be posted as an addendum on www.co.union.nc.us and/or www.ips.state.nc.us. It is your responsibility to check for this information.

Addendum No. Date Downloaded

I certify that this bid is made in good faith and without collusion with any other offeror or officer or employee of Union County.

Legal Company Name:

Name:

Title:

Email Address:

Signature:

Date:

http://www.co.union.nc.us/ http://www.ips.state.nc.us/

IFB 2026-068 Detention Center Boilers Replacement

11 APPENDIX C - PRICE FORM

IFB 2026-068

Detention Center Boilers Replacement

Submit with Bid

Bidder agrees to complete the Work in accordance with the Contract Documents for the following lump sum price. The lump sum price shall include all labor, supervision, materials, equipment, delivery, demolition, removal and disposal, permits, inspections, testing, startup, training, warranties, overhead, profit, fees, taxes, and incidentals necessary for a complete and operational project.

TOTAL LUMP SUM BASE BID $ ______________________________

Amount Written in Words ____________________________________

The Total Lump Sum Base Bid shall be based on the Contract Documents without exclusions, qualifications, or unapproved substitutions that modify the required Work. Any approved equal or substitution must be authorized by written addendum prior to the bid deadline.

Bidder acknowledges that the above price includes all Work required by the solicitation, drawings, specifications, issued addenda, and other Contract Documents.

Legal Company Name: ________________________________________________

Authorized Representative: ________________________________________________

Title: ________________________________________________

Signature: ________________________________________________

Date: ________________________________________________

IFB 2026-068 Detention Center Boilers Replacement

12 APPENDIX D - TEMPLATE AGREEMENT

IFB 2026-068

Do Not Submit with Bid

Updated 02.06.24 1

STATE OF NORTH CAROLINA

AGREEMENT

COUNTY OF UNION

1. AGREEMENT. This agreement (“Agreement”) is entered into on ___________________________, by and between UNION COUNTY, a political subdivision of the State of North Carolina (“Union”), and [Contractor’s full legal name], (“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 Union's employee or agent for any purpose including, but not limited to, the accrual of any employee benefits. Contractor is not authorized to represent Union or otherwise bind Union 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 [Scope of Services or if attaching the full IFB, state the IFB # and the IFB title], which is attached hereto and incorporated herein by reference (“Work”).

Union is not financially committed by this agreement to purchase any minimum amount of services.

4. PERIOD OF PERFORMANCE. This Agreement shall commence as of the date first written above and shall continue until the earlier of the completion and acceptance of the Work or ___________ [total maximum time period from execution of the Agreement].

Contractor shall promptly commence Work and shall achieve [substantial or final (whichever is used in the solicitation/bid form)] completion of the Work within ___________ (___) days from Contractor’s receipt of notice to proceed from Union.

5. PAYMENT FOR WORK. Union shall pay Contractor [state the lump sum or hourly rate or unit pricing] for Work, as set forth in the Contractor’s bid, which is attached hereto and incorporated herein by reference. Payment for work satisfactorily completed shall be made within thirty (30) days of receipt of invoice by Union’s finance office. Contractor shall submit documentation supporting its entitlement to payment as required by Union, and Union shall have no obligation to pay Contractor unless and until Union has received such documentation. All payments shall be conditioned upon appropriation by the Union County Board of Commissioners of sufficient funds for each request for services.

6. LICENSING REQUIREMENTS. Contractor represents and warrants that it is and shall remain properly licensed at all times in the performance of Work.

7. PERMITS AND LICENSES. Unless otherwise agreed in writing in advance by Union, Contractor shall obtain and pay for all licenses and permits that are required for it to perform Work.

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8. COMPLIANCE WITH LAWS/COMPLIANCE WITH RULES AND POLICIES

OF UNION. 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 Union.

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

No workers’ compensation insurance shall be obtained by Union 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 Union, that all taxes and other charges are being properly paid.

Pursuant to N.C.G.S. § 105-164.14, Union is eligible for sales and use tax refunds on all materials which become a permanent part of the construction. Contractor agrees to provide Union 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, Union must secure from a contractor certified statements setting forth the specific required information. A “certified statement” is a statement signed by a contractor’s Union, 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

Updated 02.06.24 3 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 Union.

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 Union. Union 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 in this Agreement, and of good quality and performed in a good and workmanlike manner. Contractor shall, at its own expense, at the request of Union, 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 Union'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.

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

14. 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, Union may clean up and deduct the cost from Contractor's payment.

15. LIABILITY. Contractor agrees to protect, defend, indemnify and hold Union 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, Updated 02.06.24 4 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.

16. [Include this section only if required by the IFB. If not required by IFB, delete this section and insert the word “RESERVED” in its place.] PERFORMANCE AND PAYMENT BONDS. Contractor shall furnish to Union performance and payment bonds, each in an amount at least equal to the lump sum stated in Section 5 herein, as security for the faithful performance and payment of all of Contractor’s obligations under this Agreement. The bonds shall remain in effect until one year after the date when final payment becomes due.

17. [Include this section only if required by the IFB. If not required by IFB, delete this section and insert the word “RESERVED” in its place.] LIQUIDATED DAMAGES. Contractor and Union recognize that time is of the essence and that Union will suffer financial loss if the Work is not completed within the times specified in Section 4 herein. The parties also recognize the delays, expense, and difficulties involved in proving in a legal proceeding the actual loss suffered by Union if the Work is not completed on time. Accordingly, instead of requiring any such proof, Union and Contractor agree that as liquidated damages for delay (but not as a penalty), Contractor shall pay Union __________ for each day that expires after the time specified in Section 4 herein for substantial completion until the Work is substantially complete.

18. 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, Union 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 Union's property. Union 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 Union to correct any deficiencies or defects attributable to Contractor's work.

19. TERMINATION FOR CONVENIENCE. Union 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, Union 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 Union, including but not limited to any claim for any additional payment.

20. 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 Union.

21. NO WAIVER. Union's not insisting upon strict compliance with any of the provisions of this Agreement, or not exercising any of its options provided herein, shall not be

Updated 02.06.24 5 construed as a waiver of its right thereafter to require such compliance or to exercise any such options.

22. 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 Union to terminate this Agreement, without penalty, upon notice to Contractor.

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 of Union County, North Carolina.

25. AUTHORITY. Each signatory below warrants that it has the corporate or other organizational power and authority to execute, deliver and perform this Agreement. Each signatory further warrants that the execution, delivery and performance by it of the Agreement has been duly authorized and approved by all requisite action of the party’s management and appropriate governing body.

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

UNION COUNTY [CONTRACTOR’S FULL LEGAL NAME]

By: (SEAL) By: (SEAL) Brian W. Matthews, County Manager

Approved as to Legal Form _____

This instrument has been preaudited in the manner required by The Local Government Budget and Fiscal Control Act.

Deputy Finance Officer

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EXHIBIT A

INSURANCE REQUIREMENTS

I. 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, or as otherwise authorized by the Union County Risk Manager.

A. WORKERS’ COMPENSATION

Statuto…