IFB 2024-060 Detention Center Cell Block Painting Final.pdf

Invitation for Bid No. 2024-060 Detention Center Cell Block Painting

Due Date:

Time:

Submittal Location:

April 25, 2024 2:00 PM Local Time Union County Government Center Procurement Department 500 N. Main Street, Suite 709 Monroe, NC 28112

Procurement Contact

Michael High Procurement Specialist Work: 704.283-3519 Cell: 704-578-1368 michael.high@unioncountync.gov

Non-Mandatory Pre-Proposal Conference and Site Visit. April 10, 2024.

For the time and location, refer to page 4, Notice of Advertisement for details.

This meeting is highly encouraged. The Detention Center is a secure building with limited access.

mailto:michael.high@unioncountync.gov

1 Contents 2 Notice of Advertisement

3 Bid Submission

3.1 BID SUBMISSION DEADLINE

3.2 BID DELIVERY REQUIREMENTS

3.3 BID QUESTIONS

3.4 BID ADDENDUM

4 Instructions

4.1 COMMUNICATIONS

4.2 BIDDERS ACKNOWLEDMENT

4.3 DUPLICATE BIDS

4.4 BID SIGNATURES

4.5 BIDDERS RESPONSIBILITIES

4.6 PERFORMANCE AND PAYMENT BONDS

4.7 BID SUBMISSION

5 Purpose

5.1 INTRODUCTION

5.2 COUNTY

6 Scope of Work

6.1 INITIAL SCOPE

6.2 INTERIOR FINISHES

6.3 WARRENTY

6.4 DETENTION CENTER BACKGROUND CHECKLIST

6.5 TOOL LIST:

6.6 EMPLOYEES

6.7 INMATE ROTATION

6.8 DEVIATIONS

7 Evaluation of Bids and Award Procedures

7.1 BID INFORMATION

7.2 BID FORMAT

7.3 TERMS OF SUBMISSION

7.4 EVALUATION OF BIDS

7.5 AWARD PROCEDURES

7.6 APPLICATION OF NORTH CAROLINA GENERAL STATUTES

8 General Conditions and Requirements

8.1 MINIMUM REQUIREMENTS FOR BIDDERS

8.2 TERMS AND CONDITIONS

8.3 IFB EXPENSES

8.4 CERTIFICATION

8.5 FINANCIAL INFORMATION

8.6 CONTRACTUAL OBLIGATIONS

8.7 COMPLIANCE WITH LAWS

8.8 SUB-CONTRACTOR/PARTNER DISCLOSURE

8.9 MODIFICATION OR WITHDRAWAL OF BID

8.10 CONTRACT COMMENCEMENT

8.11 DISPUTES

8.12 EQUAL EMPLOYMENT OPPORTUNITY

8.13 MINORITY AND SMALL BUSINESS PARTICIPATION PLAN

8.14 LICENSES

8.15 E-VERIFY

8.16 DRUG-FREE WORKPLACE

8.17 INSURANCE

8.18 INDEMNIFICATION

9 Appendix A –Price Form

10 Appendix B – Bid Submission Form

11 Appendix C – Addendum and Anti-Collusion Form

12 Appendix D – HUB Provisions and Forms

13 Appendix E – Confidentiality and Non-Disclosure Agreement Form

14 Appendix F – Vendor Payment Letter

15 Appendix G – Template Contract Agreement

16 Exhibit A – Selected Pictures of the Facility

17 Exhibit B – Paint Specifications

---Intentially Left Blank---

2 NOTICE OF ADVERTISEMENT

Union County, North Carolina IFB No. 2024-060

Detention Center Cell Block Painting

Sealed bids for the Detention Center Cell Block Painting will be received by mail or hand delivery to Union County’s Procurement Department until 2:00 PM (local time) on April 25, 2024, at the Union County Government Center, 500 North Main Street, Suite 709, Monroe, NC 28112 at which time the Bids will be publicly opened and read aloud. Late bids will not be accepted.

If a Bid is sent by mail or other delivery system, the sealed envelope containing the Bid shall be enclosed in a separate package plainly marked on the outside with the notation “BID ENCLOSED – 2024-060” and shall be addressed to Union County Procurement Department, Attn: Michael High, 500 North Main Street, Suite 709, Monroe, NC 28112.

Union County, North Carolina, through the Facilities Management Department, is seeking bids from qualified companies for interior painting and related services at the Union County Detention Center.

Bids will be received for a single prime contract. Bids shall be on a lump sum basis as indicated in the Bid Form.

A Non-Mandatory Pre-Bid and Site Visit Meeting:

April 10, 2024, at 10:00 AM local time Union County Detention Center Room 156 - Detention Center Training Room 3344 Presson Road Monroe, NC

This meeting is highly encouraged. The Detention Center is a secure building with limited access.

Copies of the solicitation may be obtained from the locations listed below:

1. Download the Bid Documents from the Union County Website www.unioncountync.gov (Procurement Page, Current Bids).

2. Download the Solicitation Documents from the State of North Carolina Electronic Vendor Portal:

https://evp.nc.gov (Search County of Union – Filter Solicitation Status Open).

All questions about the meaning or intent of the Bidding Documents are to be submitted in writing to the Procurement contact person listed on the cover page (michael.high@unioncountync.gov).

Deadline for questions is April 12, 2024 at 10:00 AM local time.

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

Union County encourages good faith effort outreach to Minority Businesses (HUB Certified) and Small Businesses.

http://www.unioncountync.gov/ http://www.unioncountync.gov/ http://www.unioncountync.gov/ https://evp.nc.gov/ mailto:michael.high@unioncountync.gov

The County reserves the right to reject any and/or all bids, including, without limitation, nonconforming, nonresponsive, unbalanced, or conditional bids. The County also reserves the right to waive informalities and request clarification as needed.

3 BID SUBMISSION

3.1 BID SUBMISSION DEADLINE

Bids shall be sealed and labeled on the outside envelope “IFB 2024-060 Detention Center Cell Block Painting”. IFB’s are to be received by the Union County, Procurement Department by 2:00 PM local time on April 25, 2024. Any proposals received after this date and time shall be rejected without exception.

3.2 BID DELIVERY REQUIREMENTS

All Bids must be in a sealed box or opaque envelope plainly marked as follows:

[Name of Contractor Submitting Bid] NC General Contractors Number IFB No. 2024-060 Detention Center Cell Block Painting Attention: Michael High

If using a delivery service, your company name and the solicitation number must be visible on the outside delivery box/envelope. Ship, Mail, or Hand Deliver to the following address:

Union County Government Center Procurement Department 500 North Main Street, Suite 709 Monroe, NC 28112 Attention: Michael High

Electronic (email) or facsimile submissions will not be accepted.

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

Union County reserves the right to reject any or all Bids, 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.

3.3 BID QUESTIONS

Bid questions will be due on or before April 12, 2024, at 10:00 AM local time. The primary purpose of this is to provide participating Contractors with the opportunity to ask questions, in writing, related to the IFB.

Submit questions by email to Michael High at Michael.high@unioncountync.gov by the deadline shown above. The email subject line should be identified as follow: IFB 2024- 060 Detention Center Cell Block Painting Questions. All questions and answers may be posted as addenda on www.unioncountync.gov and https://evp.nc.gov.

mailto:Michael.high@unioncountync.gov http://www.unioncountync.gov/

3.4 BID ADDENDUM

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 C Addendum and Anti-Collusion Form.

4 INSTRUCTIONS

4.1 COMMUNICATIONS

All communications, any modifications, clarifications, amendments, questions, responses or any other matters related to the Invitation for Bid (IFB) 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 other County employees is permitted and may be grounds for disqualification.

4.2 BIDDERS ACKNOWLEDMENT

The Bid will remain subject to acceptance for 120 days after the Bid Opening, or for such longer period of time that Bidder may agree to in writing upon request of Owner.

4.3 DUPLICATE BIDS

No more than one (1) bid from any Bidder will be considered by the County. In the event multiple bids are submitted in violation of this provision, the County will have the right to determine which bid will be considered, or at its sole option, reject all such multiple bids.

4.4 BID SIGNATURES

An authorized company official must sign Bids. Each signature represents binding commitment upon the Bidder to provide the goods and/or services offered to the County if the Bidder is determined to be the lowest responsive, responsible Bidder.

4.5 BIDDERS RESPONSIBILITIES

The Bidder must be capable, either as a firm or a team, of providing all parts as described under Section 6 - Specifications. Exclusion of any service for this Bid may serve as cause for rejection.

4.6 PERFORMANCE AND PAYMENT BONDS

A Performance Bond and a Labor and Material Payment Bond are required. The contractor shall obtain a Performance Bond and a Payment Bond acceptable to the Owner from a surety company authorized to do business in North Carolina and satisfactory to Owner, each bond for the full amount of the Contract Sum and any subsequent increases.

The bonds shall remain in effect for a period of not less than two (2) years following the date of Substantial Completion or the time required to resolve any items of incomplete Work and the payment of any disputed amounts, whichever time period is longer. The bond shall guarantee the Contractor’s faithful performance of the Contract and the payment of all obligations arising thereunder. The Contractor shall pay all charges in connection with these bonds.

4.7 BID SUBMISSION

a) Bids must be enclosed in a sealed envelope, box, or package, and clearly marked on the outside with the following: IFB Title, Bid Number, and the Bidder’s company name, address, phone, email address, and contact name.

b) All costs incurred in the preparation and presentation of the bid is the Bidder’s sole responsibility; no pre-bid costs will be reimbursed to any Bidder. All documentation submitted with the bid will become the property of the County.

5 PURPOSE

5.1 INTRODUCTION

Union County, North Carolina, through the Facilities Department, is seeking bids from qualified companies for interior painting and related services at the Union County Detention Center.

The scope of work for the project is listed below.

5.2 COUNTY

Union County, North Carolina (population 247,058) 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.

6 SCOPE OF WORK

6.1 INITIAL SCOPE

Painting all Cell Block Day areas (2 coats) including but not limited to walls, rails, doors, fencing and air duct supply and return grills. Epoxy concrete floors in the Day Rooms with three base coats. Extensive prep work needed. Quote to include all material and equipment needed to complete project.

• All work shall be scheduled and coordinated with the on-site staff. Some of the work may require coordination with inmate relocation activities. Clean up each area prior to moving to another area.

• While in the building the contractor and his employees will be escorted by Detention Center employees.

• Thoroughly clean all walls, remove mildew/mold and treat with antimicrobial solutions as recommended by the wall coating manufacturer.

• Prepare the walls and floors for the coating system as recommended by the coating manufacturer and required by warranties associated with the coating supplied. The surface shall be free from dirt, dust, grease, oil, paint, or any other contaminates.

• Apply the coating system specified, in the coverage rates listed by the manufacturer and in the recommended application sequences and curing times.

• Provide manufacturers’ standard warranty for product and application.

• Plans of the Detention Center are restricted and will not be distributed.

• Attendance at the Pre-Bid meeting is not mandatory, but it is highly encouraged.

• The are four cell blocks. All square footage measurements are approximate. The contractor is responsible for the complete painting scope of each area on a lump sum basis.

Each block has approximately:

o Wall square footage 3800 (Painting). The walls are approximately 20 to 25 feet high.

o Floor square footage of 2150 (Epoxy) o 48 - 10x8 HVAC grills (2 in each cell) o 1 – 14x10 HVAC vent grill in shower o 2 - 24x24 HVAC vent grills in the ceiling duct work and the entire ceiling duct work is to be painted.

o 1- 14x20 HVAC vent grill on the second floor.

o All Cells doors (front and back) and the entire door frame shall be painted.

• The ceiling duct work is to be painted in the day room and the ceiling exhaust and security bars are to be painted.

• There are approximately 5 metal tables in each block. These are attached to the floor and need to remain. The legs and the platform will need to be painted the same color as the walls.

• Re-Stencil cell numbers to match the original number and any other lettering.

• The painting and epoxy will be coordinated simultaneously with a re-locking project of the cell doors in the facility. The re-locking will be performed by another contractor.

Special Holder Cell Area:

• Wall square footage 700 (Painting)

• 18-10x8 HVAC vents (2 in each cell)

• 2 -10x8 HVAC vents in Hallway

• Floors are VCT so No Epoxying the floor.

1. Duration

The work in each cell block needs to be completed within 30 days.

a. Make all necessary adjustments for conformance to this requirement. There will be no extensions.

b. Project schedule must coordinate with another project.

c. On-site work to begin Early as June 2024.

2. General

a. Remove all damaged and flaking paint, paint walls, bunks, doors, rails, and cages.

b. Remove old paint from floors and apply a clear Epoxy on the flooring and the Dayroom.

3. Mechanical

a. Grind and remove old paint on the existing return and supply HVAC grilles then repaint.

6.2 INTERIOR FINISHES

The paint shall be Sherwin-Williams as listed below or approved equal. Products equal to the listed brand must be pre-approved by Union County. Submit the specifications of alternate brands to Michael High (Michael.high@unioncountync.gov) for approval prior to the question deadline. Approved products will be listed in an addendum. If not listed, it is not pre-approved. The contractor must comply with all the manufacture’s installation and safety requirements for any product used.

mailto:Michael.high@unioncountync.gov

Block/Masonry 2 Coats: B58W00610 - Macropoxy® 646 Fast Cure Epoxy Part A Paint color for the walls will be 7653 Silverpointe

- Location: Cell Block Walls Notes: Color: SW7653 Silverpointe - Surface needs to be clean, dry, and dull (walls should be scuff sanded to ensure adhesion). Remove any loose/peeling previous coatings to ensure a sound substrate. Ensure the substrate is truly clean and is free from hand oils and other surface contaminants. Apply a test patch to ensure adhesion and compatibility with existing coating.

Part B - Catalyst: B58V00600 - Macropoxy® 646 Fast Cure Epoxy Part B Hardener

- Location: Cell Block Walls Notes: This is the Macropoxy 646 Part B Catalyst that must be mixed with the Part A listed above.

Follow data page for proper mixing instructions.

Metal 2 Coats: B58W00610 - Macropoxy® 646 Fast Cure Epoxy Part A Paint color for the metal will be 7653 Silverpointe

- Location: Cell Block Railing & Steps Notes: Color: SW7653 Silverpointe - Surface needs to be clean, dry, and dull. Remove any loose/peeling previous coatings to ensure a sound substrate. Ensure the substrate is truly clean and is free from hand oils and other surface contaminants. Apply a test patch to ensure adhesion and compatibility with existing coating.

Part B - Catalyst: B58V00600 - Macropoxy® 646 Fast Cure Epoxy Part B Hardener

- Location: Cell Block Railing & Steps Notes: This is the Macropoxy 646 Part B Catalyst that must be mixed with the Part A listed above.

Follow data page for proper mixing instructions.

Concrete Floor 3 Coats: B65C00060 - ArmorSeal® Rexthane I Floor Coating Clear

- Location: Cell Block Floors Notes: Color = Clear. Floor needs to be prepped with a floor grinder. 100% of previous coating needs to be removed. The profile of the bare concrete needs to be equal to 120 grit sandpaper or rougher to be properly prepped for the new coating.

6.3 WARRENTY

Three-year warranty on peeling or cracking paint. The paint for the walls and metal shall be Sherwin-Williams B58W00610 - Macropoxy® 646 Fast Cure Epoxy or approved equal.

The paint for the floors shall be B65C00060 - ArmorSeal® Rexthane - Floor Coating Clear.

See Exhibit B or approved equal.

6.4 DETENTION CENTER BACKGROUND CHECKLIST

All employees of the contractor and any subcontractors will have to complete a background check to enter the jail. This will include a copy of each person's issued State IDd and a business ID where applicable. Each employee will be required to complete a Confidentiality and Non-disclosure Agreement form (see Appendix D).

6.5 TOOL LIST:

All contractors will need to provide a tool list every day of the items they are bringing in.

There will be daily check-in and check-out.

6.6 EMPLOYEES

Provide a daily list of the workers and the team leaders.

6.7 INMATE ROTATION

Inmates will be moved out per Block for 30 days. The 30 days including the relocking and the intercom and new security per block.

6.8 DEVIATIONS

Any deviations from specifications and requirements herein must be clearly pointed out by bidder. Otherwise it will be considered that products offered will be in strict compliance with these specifications and requirements, and successful bidder will be held responsible therefor. Deviations must be explained in detail on an attached sheet. However, no implication is made by Union County that deviations will be acceptable. Bidder is advised that the response (or lack thereof) on this question does not take precedence over specific responses or non-responses provided elsewhere in this bid.

7 EVALUATION OF BIDS AND AWARD PROCEDURES

7.1 BID INFORMATION

Bids must be made in strict conformance using the Invitation for Bid (IFB) forms provided herein. All blank spaces for bids must be filled in properly. Numbers must be written in ink or typewritten, and the completed forms shall be without erasures, lineation, or alterations. In accepting the bid, the County will assume that no alterations have been made, and if they appear afterward, they shall not be binding on the County.

All Bid Documents shall be signed by an individual who is authorized to contractually bind the company. The signature must indicate the title or position the individual holds in the agency or firm. Agencies or firms which sign contracts with the name of the agency or firm must provide the name of a corporate officer or executive director for signature validation by the County. All unsigned Bids will be disqualified. In submitting a Bid, Bidder affirms all statements contained in the bid are true and accurate.

7.2 BID FORMAT

Bids must include the following:

• Appendix A – Price Form (signed)

• Appendix B – Bid Submission Form (signed)

• Appendix C – Addendum Receipt and Anti-Collusion Form (signed)

• Appendix D – HUB Forms

• List of Proposed Subcontractors

• Contractor’s License Number

7.3 TERMS OF SUBMISSION

All material received from a person or company (“Bidder”) in response to this solicitation shall become the property of Union County and will not be returned to the Bidder. Any and all costs incurred by a Bidder in preparing, submitting, or presenting submissions are the Bidder’s sole responsibility and Union County shall not reimburse the Bidder. 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 Bidder 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 Bidder must: (i) submit any trade secret materials in a separate envelope, or file, from all other submitted material, being clearly marked as “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. Bidder 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 Bidder’s materials which was properly labeled by the Bidder as a trade secret, Union County will notify the Bidder of the request and the date that such materials will be released to the requestor unless the Bidder obtains a court order enjoining that disclosure. If the Bidder fails to obtain the court order enjoining disclosure prior to that date, Bidder understands and agrees that Union County will release the requested information to the requestor on that date.

Furthermore, the Bidder 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 Bidder.

7.4 EVALUATION OF BIDS

Qualified bids will be evaluated to determine the lowest responsive, responsible bidder, taking into consideration quality, performance, and the time specified in the bid for performance of the contract. Consideration of such factors as: price offered; quality of item offered; general reputation and performance capabilities of Bidder; substantial conformity with specifications/other conditions set forth in the bid; suitability of articles for the intended use; related services needed; date of delivery and performance; and such other factors deemed by the County to be pertinent will be used in determining responsiveness and responsibility.

7.5 AWARD PROCEDURES

The County reserves the right to reject any and all bids, the right to waive informalities, and the right to disregard nonconforming or conditional bids or counter proposals. If the contract is to be awarded, it will be awarded to the lowest responsible, responsible bidder whose evaluation by the County indicates that the award will be in the best interest of County. The County shall have a period of 120 days after opening of bids in which to award the contract.

All payroll taxes, liability and worker’s compensation are the sole responsibility of the Bidder. The Bidder understands that an employer/employee relationship does not exist under this contract.

7.6 APPLICATION OF NORTH CAROLINA GENERAL STATUTES

The General Statutes of North Carolina regarding purchasing and competitive bidding (G.S. § 143-129) are made a part herein and will govern the bidding process as applicable.

8 GENERAL CONDITIONS AND REQUIREMENTS

8.1 MINIMUM REQUIREMENTS FOR BIDDERS

Bids shall be considered only from companies normally engaged in performing the type of work specified in this solicitation. Union County, in its discretion, shall determine whether the evidence of responsibility and ability to perform is satisfactory. The individual/firm warrants that he/she is fully qualified, with adequate personnel and experience, to undertake the services required. The Bidder shall also certify that insurance coverage that meets or exceeds industry standards for this type of work will be in force to mitigate risk during performance under the contract.

8.2 TERMS AND CONDITIONS

All payroll taxes, liability and worker’s compensation are the sole responsibility of the Bidder. The Bidder understands that an employer/employee relationship does not exist under this contract.

The County reserves the right to reject any and all bids, the right to waive informalities, and the right to disregard nonconforming or conditional bids or counter bids. It is the intention of Union County to execute a final, binding Contract with the successful Bidder which incorporates terms and conditions no less onerous than those appropriate to the engagement of a licensed contracting firm in connection with a project of this magnitude.

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

8.3 IFB EXPENSES

Expenses for developing the bids are entirely the responsibility of the vendor and shall not be chargeable in any way to the County.

8.4 CERTIFICATION

In response to the IFB Request, the Contractor certifies the following:

• This bid is signed by an authorized representative of the firm;

• It can obtain insurance certificates as required within ten (10) calendar days after notice of award;

• All labor costs, direct and indirect, have been determined and included in the proposed cost;

• The potential Contractor has read and understands the conditions set forth in this solicitation.

8.5 FINANCIAL INFORMATION

The Bidder must have the following financial information readily available and have the ability to provide it to the County, without exception, within twenty-four (24) hours upon request during the bid certification process:

1. Annual audited financial reports for the past five (5) fiscal years;

2. Credit reports, credit bulletins, bank and vendor references, and any other

3. published statements by agencies that have been issued or published about the entity within the past five (5) years;

4. Indicate whether the Company (and/or predecessor, guarantor, or subcontractor) has declared bankruptcy within the last five (5) years;

5. Provide a description of the financial impact of any past or pending legal proceedings and judgments that could materially affect the Bidder’s financial position or ability to provide service to the County.

8.6 CONTRACTUAL OBLIGATIONS

The contents of this Bid and the commitments set forth in the 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 Service.

8.7 COMPLIANCE WITH LAWS

Seller represents and warrants that the performance of this order and the furnishing of goods or services required shall be in accordance with the applicable standards, provisions and stipulations of all pertinent Federal, State or County laws, rules, regulations, resolutions and ordinances including but not limited to the Fair Labor Standards Act, the Equal Employment Opportunity rules and regulations and the Occupational Safety and Health Acts.

8.8 SUB-CONTRACTOR/PARTNER DISCLOSURE

A single Company may propose the entire solution. If the Bid by any Company requires the use of sub-contractors, partners, and/or third-party products or services, this must be clearly stated in the Bid. The Company submitting the Bid shall remain solely responsible for the performance of all work, including work that is done by sub-contractors.

8.9 MODIFICATION OR WITHDRAWAL OF BID

Prior to the scheduled closing time for receiving bids, any Contractor may withdraw his bid. After the scheduled closing time for receiving bids, no bid may be withdrawn for 90 days. Only written requests for the modification or correction of a previously submitted bid that are addressed in the same manner as bids and are received by the County prior to the closing time for receiving bids will be accepted. The bid will be corrected in accordance with such written requests, provided that any such written request is in a sealed envelope that is plainly marked “Modification of Bid.” Oral, telephone or fax modifications or corrections will not be recognized or considered.

8.10 CONTRACT COMMENCEMENT

Commencement of a contract shall not begin prior to all necessary County approvals, including County Commission approval where required, and receipt of a County Purchase Order. Commencement of a contract without these approvals is solely at the Bidder’s own risk and is likely to result in no payment for services performed or goods received.

8.11 DISPUTES

In case of any doubt or differences of opinion as to the services to be furnished hereunder, the decision of the County shall be final and binding upon both parties.

8.12 EQUAL EMPLOYMENT OPPORTUNITY

All Companies 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.

8.13 MINORITY AND SMALL BUSINESS PARTICIPATION PLAN

It is the policy of Union County that Minority Businesses (MBEs), Disadvantaged Business Enterprises (DBEs) and other small businesses shall have the opportunity to compete fairly in contracts financed in whole or in part with public funds. Consistent with this policy, Union County will not allow any person or business to be excluded from participation in, denied the benefits of, or otherwise be discriminated against in connection with the award and performance of any contract because of sex, race, religion, or national origin.

8.14 LICENSES

The successful Firm(s) shall have and maintain a valid and appropriate business license (if applicable), meet all local, state, and federal codes, and have current all required local, state, and federal licenses.

8.15 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.

Bidder/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.

8.16 DRUG-FREE WORKPLACE

During the performance of this project, the Firm agrees to provide a drug-free workplace for his employees; post in conspicuous places, available to employees and applicants for employment, a statement notifying employees that the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana is prohibited in the workplace and specify the actions that will be taken against employees for violations of such prohibition; and state in all solicitations or advertisements for employees placed by or on behalf of the firm that the Firm maintains a drug-free workplace.

For the purposes of this section, “drug-free workplace” means a site for the performance of work done in connection with a specific contract awarded to a Contractor/Firm in accordance with this chapter, the employees of whom are prohibited from engaging in the unlawful manufacture, sale, distribution, dispensation, possession or use of any controlled substance or marijuana during the performance of the Request.

8.17 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.

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

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

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

E. NETWORK SECURITY & PRIVACY LIABILITY (CYBER)

(for any agreement involving software applications)

$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.

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, Suite #130

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.

8.18 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.

9 APPENDIX A –PRICE FORM

IFB 2024-060 Detention Center Cell Block Painting

SUBMIT WITH BID

Failure to complete the following form(s) shall result in your Bid being deemed nonresponsive and rejected without any further evaluation.

Performance and Payment Bonds are required for this bid.

Line Item Description Paint Manufacture and Item

Number Quantity

Area Lump Sum

Price per Area

Total (Quantity Area x

Lump Sum Price per Area)

Painting one Cell Block Area – Walls, Doors, Metal, and other amenities 4

Epoxying one Cell Block Area – Floor this includes working around and painting the tables 4

Painting of the Special Holding Area- walls, doors, vents, and other amenities

Total Bid (Line Item 1 + 2 + 3 = Total)

Company Name: _______________________________________________

Signature: ________________________________________________

Title: ________________________________________________

Date: ________________________________________________

***End of Price Form***

10 APPENDIX B – BID SUBMISSION FORM

IFB 2024-060 Detention Center Cell Block Painting

SUBMIT WITH BID

This Bid is submitted by:

Company Legal Name:

Representative Name:

North Carolina General Contractors License Number:

Representative Signature:

Representative Title:

Address:

City/State/Zip:

Email Address:

Phone Number:

Website Address:

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

Name:

Title:

Signature:

Date:

11 APPENDIX C – ADDENDUM AND ANTI-COLLUSION FORM

IFB 2024-060 Detention Center Cell Block Painting

SUBMIT WITH BID

Please acknowledge receipt of all addenda by including this form with your Bid. Any questions or changes received will be posted as an addendum on www.co.union.nc.us and/or https://evp.nc.gov.

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 Bidder or officer or employee of Union County.

Company Name:

Name:

Title:

Email Address:

Signature:

Date:

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

12 APPENDIX D – HUB PROVISIONS AND FORMS

IFB 2024-060 Detention Center Cell Block Painting

SUBMIT THE HUB FORMS THAT APPLY TO YOUR FIRM WITH THE BID

MINORITY BUSINESS CONSTRUCTION CONTRACT PROVISIONS

APPLICATION:

The Guidelines for Recruitment and Selection of Minority Businesses for Participation in Union County Construction Contracts are hereby made a part of these contract documents.

MINORITY BUSINESS SUBCONTRACT GOALS:

The goal for participation by minority firms as subcontractors on this project has been set at 10%.

The bidder must identify on its bid the minority businesses that will be utilized on the project with corresponding total dollar value of the bid and affidavit (Affidavit A) listing good faith efforts or affidavit (Affidavit B) of self-performance of work, if the bidder will perform work under contract by its own workforce, as required by G.S. §143-128.2(c) and G.S. 143-128.2(f).

In addition, the lowest responsible, responsive bidder must do one of the following:

(1) Provide Affidavit C that includes a description of the portion of work to be executed by minority businesses, expressed as a percentage of the total contact price, which is equal to or more than the applicable goal.

OR

(2) If the portion of work to be executed by minority businesses, expressed as a percentage of the total contract price, is less than the applicable goal, provide Affidavit D as well as documentation of Good Faith Efforts.

OR

(3) Provide Affidavit B, which includes sufficient information for the Owner to determine that the bidder does not customarily subcontract work on this type project.

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

MINIMUM COMPLIANCE REQUIREMENTS:

All written statements, affidavits or intentions made by the bidder shall become a part of the agreement between the Contractor and Union County for the performance of the contract.

Failure to comply with any of these statements, affidavits or intentions, or with the minority business Guidelines shall constitute a breach of the contract. A finding by Union County that any information submitted either prior to award of the contract or during the performance of the contract is inaccurate, false or incomplete, shall also constitute a breach of the contract. Any such breach may result in termination of the contract in accordance with the termination provisions contained in the contract. It shall be solely at the option of Union County whether to terminate the contract for breach.

In determining whether a contractor has made Good Faith Efforts, Union County will evaluate all efforts made by the Contractor and will determine compliance in regard to quantity, intensity, and results of these efforts. Bidders are required to earn at least 50 points from the good faith efforts listed below for their bid to be considered responsive. Failure to file a required affidavit or documentation demonstrating that the bidder made the required good faith efforts is grounds for rejection of the bid.

Good Faith Efforts include:

(1) Contacting minority businesses that reasonably could have been expected to submit a quote and that were known to the Contractor or available on State or local government maintained lists at least 10 days before the bid or proposal date and notifying them of the nature and scope of the work to be performed. Value = 10 points.

(2) Making the construction plans, specifications and requirements available for review by prospective minority businesses, or providing these documents to them at least 10 days before the bid or proposals are due.

Value = 10 points.

(3) Breaking down or combining elements of work into economically feasible units to facilitate minority participation. Value = 15 points.

(4) Working with minority trade, community, or contractor organizations identified by the Office for Historically Underutilized Businesses and included in the bid documents that provide assistance in recruitment of minority businesses. Value = 10 points.

(5) Attending any prebid meetings scheduled by the public Owner. Value = 10 points.

(6) Providing assistance in getting required bonding or insurance or providing alternatives to bonding or insurance for subcontractors. Value = 20 points.

(7) Negotiating in good faith with interested minority businesses and not rejecting them as unqualified without sound reasons based on their capabilities. Any rejection of a minority business based on lack of qualification should have the reasons documented in writing. Value = 15 points.

(8) Providing assistance to an otherwise qualified minority business in need of equipment, loan capital, lines of credit, or joint pay agreements to secure loans, supplies, or letters of credit, including waiving credit that is ordinarily required. Assisting minority businesses in obtaining the same unit pricing with the bidder's suppliers in order to help minority businesses in establishing credit. Value = 25 points.

(9) Negotiating joint venture and partnership arrangements with minority businesses in order to increase opportunities for minority business participation on a public building construction or repair project when possible. Value = 20 points.

(10) Providing quick pay agreements and policies to enable minority contractors and suppliers to meet cash-flow demands. Value = 20 points.

MB Forms 2002-Revised July 2010

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

Identification of HUB Certified/ Minority Business Participation

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

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

(Y/N)

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

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

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

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

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

County of (Name of Bidder)

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

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

1 � (10 pts) Contacted minority businesses that reasonably could have been expected to submit a quote and that were known to the contractor, or available on State or local government maintained lists, at least 10 days before the bid date and notified them of the nature and scope of the work to be performed.

2 --(10 pts) Made the construction plans, specifications and requirements available for review by prospective minority businesses, or providing these documents to them at least 10 days before the bids are due.

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

4 � (10 pts) Worked with minority trade, community, or contractor organizations identified by the Office of Historically Underutilized Businesses and included in the bid documents that provide assistance in recruitment of minority businesses.

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

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

7 � (15 pts) Negotiated in good faith with interested minority businesses and did not reject them as unqualified without sound reasons based on their capabilities. Any rejection of a minority business based on lack of qualification should have the reasons documented in writing.

8 � (25 pts) Provided assistance to an otherwise qualified minority business in need of equipment, loan capital, lines of credit, or joint pay agreements to secure loans, supplies, or letters of credit, including waiving credit that is ordinarily required. Assisted minority businesses in obtaining the same unit pricing with the bidder's suppliers in order to help minority businesses in establishing credit.

9 � (20 pts) Negotiated joint venture and partnership arrangements with minority businesses in order to increase opportunities for minority business participation on a public construction or repair project when possible.

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

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

The undersigned hereby certifies that he or she has read the terms of the minority business commitment and is authorized to bind the bidder to the commitment herein set forth.

Date: Name of Authorized Officer:

Signature:

Title:

State of______________, County of

Subscribed and sworn to before me this day of 20

Notary Public

My commission expires

SEAL

DOCUMENT 00 45 39 � MINORITY BUSINESS ENTERPRISE

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

MB Forms 2002-Revised July 2010

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

County of

Affidavit of (Name of Bidder)

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

(Name of Project)

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

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

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

Date: Name of Authorized Officer:

Signature:

Title:

State of _________ __ , County of ________________________

Subscribed and sworn to before me this day of 20___

Notary Public

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

31 U

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

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

If the portion of the work to be executed by HUB certified/minority businesses as defined in GS143- 128.2(g) and 128.