RFP 4841-02-26 Addendum 4 - Final.pdf

Request for Proposals

Collection Move – Lee County Main Library

Addendum #4

4841-02-26 RFP for the Lee County Main Library Collection Move

Due: February 9, 2026

This Addendum is to be included in the Request for Proposals (RFP) and modifies the original RFP.

Lee County Finance Department Assistant Finance Director / Procurement Agent

Attn: Tammy Gill 115 Chatham Street, Suite 301

Sanford, NC 27330

REQUEST FOR CLARIFICATION

1. 1) Will there be any shelving to be relocated? If so, how much, and what type of shelving?

A. There will be no shelving relocation. The new library will have new shelving already in place for the materials.

2. Will there be any systems/modular furniture to be relocated?

A. Yes, desks, chairs, seating, etc. will be included in the relocation.

3. Will any of the FF&E to be moved require disassembly or assembly?

A. Yes, some office desks are U or L shaped and will be required to be taken apart for moving and then reassembled in perspective offices.

4. How many packing boxes will the Library require, and when do they need to be delivered?

A. Vendor should estimate the packing materials required for safe and secure transport of these items. The estimated date to begin packing will be negotiated with the chosen vendor. Page 4 of the RFP lists the types and number of items to be packed and transported.

5. It says in the RFP that the desired start date for the move is “after” March 24th, 2026, while construction of the new facility is not expected to be complete until

April of 2026. Will the new facility still be under construction during the Library’s desired move window? If so, what measures will we as vendors need to take – will we need to wear PPE when on-site at destination, coordinate with the GC to move around the site, or complete any required safety training?

A. A schedule is being finalized and a two-week period will be designated for the library move. The move will take place after Certificate of Occupancy is issued, estimated to be the week of March 24, 2026. Anticipated move to take place between March 30, 2026 – April 10, 2026. There should be no impediments or safety issues that would hinder the movement of furnishings into the building.

6. Can we get schematics/blueprints of the origin and destination facilities?

A. Diagrams of the libraries are attached to this addendum. The Library will be offering an informational meeting and tour of the current library, vendors are highly encouraged to attend the tour. Please review other addendums for scheduled tour date and time.

7. What type of dock or delivery site do you have at each location? Any vehicle limitations? Can you share pictures?

A. No dock at either location. Drive up to main entrance doors will be available.

Photos can be found online for some context - potential vendors are highly encouraged to attend the tour.

8. Does the Library anticipate closing for the move? If so, what date does the library anticipate closing?

A. Yes, the library anticipates closing the Main Library for maximum two-weeks to accommodate the move between March 28th – April 10th, 2026.

9. Our Carrier’s Legal coverage insures up to $500,000.00 per truckload. Will that suffice for the purposes of this scope-of-work, or will additional insurance be required? If so, what are those requirements?

A. Worker’s compensation insurance, Automobile Insurance and Comprehensive General Liability Insurance are required. A review of the insurance coverage limits will be done at the time of the contract issuance.

10. The RFP makes mention of a sample contract; however, we did not see a sample contract attached to the RFP. Can we get a copy of this sample contract?

A. The contract will be specific to the project and drafted after the decision is made.

Attached is a sample contract for review with example terms for County projects, but which is not specific to this project.

11. Does the Library require a Bid Bond or Performance Bond as part of the bid?

A. No bid bond is required for this project.

12. We completed a similar move here in Charlotte for one of our libraries, one of their requests was that acid free paper be used when wrapping specific artwork, specific books etc… Will this be material needed for this move?

A. No. Staff will address any needs for packing special materials.

13. Is any content disposal necessary, anything to be salvaged, liquidated etc….?

A. No. This will be the responsibility of the Library.

CURRENT LIBRARY FACILTY (please note this floor plan is original from 1979)

NEW LIBRARY LAYOUT

STATE OF NORTH CAROLINA AGREEMENT

COUNTY OF LEE

1. AGREEMENT. This agreement ("Agreement") is entered into on the _______ day of _________________, 20 ___, by and between Lee County, a political subdivision of the State of North Carolina ("County") and _______________________________, ("Contractor"), whose business address is ________________________________________________________.

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

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

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

5. PAYMENT FOR WORK. Payment for work satisfactorily completed shall be made within thirty (30) days of receipt of invoice by County’s finance office. Payment will be made in a lump sum to Contractor after County is satisfied with the project. The County will pay the Contractor an amount not to exceed ______________ for the scope of work for this project.

Contractor shall submit documentation supporting its entitlement to payment as required by County, and County shall have no obligation to pay Contractor unless and until County has received such documentation. The County will not pay for late charges or finance charges assessed for any reason.

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

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

8. COMPLIANCE WITH LAWS/COMPLIANCE WITH RULES AND POLICIES

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

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

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

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

Pursuant to N.C.G.S. § 105-164.14, County is eligible for sales and use tax refunds on all materials which become a permanent part of the construction. Contractor agrees to provide County such documentation as may be necessary to meet the requirements of the North Carolina Department of Revenue regarding requests for refund of sales and use taxes. Such requirements include those described in the North Carolina Department of Revenue Sales and Use Tax Technical Bulletins § 18- 2(F), outlined below:

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

a. The date the property was purchased;

b. The type of property purchased;

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

d. The vendor from whom the property was purchased;

e. The project for which the property was purchased;

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

g. The invoice number of the purchase.

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

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

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

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

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

14. CLEANUP. Contractor shall keep its work areas clean of debris and excess materials, and at the end of each day will leave its work areas in broom-clean condition. If Contractor fails to clean up as required herein, County may clean up and deduct the cost from

Contractor's payment. Contractor is also responsible for the removal of hazardous construction materials from the job site, and those will need to be disposed of in accordance with State, Federal and Local laws. Cleanup of the job site and removal of hazardous waste materials must occur within fourteen days.

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

16. DEFAULT/TERMINATION. If Contractor fails or refuses to supply sufficient and properly skilled labor, equipment or materials, or fails in any respect to diligently prosecute Work, or otherwise is in default or breach of any term of this Agreement, County may terminate this Agreement upon 24 hours' written notice. In the event of such termination, Contractor immediately will stop work and remove its employees from County's property. County may complete the Work in whatever way it determines best, and at completion of the Work shall pay Contractor for the value of the Work performed by Contractor (excluding profit) but unpaid prior to the termination, less any costs incurred by County to correct any deficiencies or defects attributable to Contractor's work. If a bid bond has been required, the County will collect on the bid bond.

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

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

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

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

Department of Homeland Security and other federal agencies, or any successor or equivalent program, used to verify the work authorization of newly hired employees pursuant to federal law. Contractor shall ensure that Contractor and any subcontractor performing work under this Agreement: (i) uses E-Verify if required to do so by North Carolina law; and (ii) otherwise complies with the requirements of Article 2 of Chapter 64 of the North Carolina General Statutes. A breach of this provision by Contractor will be considered a breach of this Agreement, which entitles County to terminate this Agreement, without penalty, upon notice to Contractor.

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

Carolina General Statutes, County must require most entities with which it contracts, which would include the Contractor under this Agreement, to certify that the entity is not identified on a list created by the State Treasurer pursuant to N.C.G.S. § 147-86.58 (the “Final Divestment List”). This requirement is related to ensuring that entities with which local governments contract are not involved in investment activities in Iran. The Contractor certifies that: (i) it is not listed on the Final Divestment List; and (ii) it will not utilize any subcontractor performing work under this Agreement which is listed on the Final Divestment List.

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

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

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

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

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

27. DIVESTMENT FROM COMPANIES THAT BOYCOTT ISRAEL. Contractor certifies that (a) it is not identified on the Israel Boycott List or any other list created by the NC State Treasurer pursuant to N.C.G.S. 147—86.80 et al and (b) it will not take any action causing it to appear on any such list during the term of the contract agreement.

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

29. GOV OPPS. Contractor acknowledges that by contracting with Lee County and receiving public funds, they may be subject to potential examination, evaluation and investigation, including access to buildings and documents and compelled testimony, by the Joint Legislative Commission on Governmental Operations under Section 27.10(b) of North Carolina S.L. 2023-134. Contractor acknowledges that Lee County has no control over the Commission and its activities.

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

ATTEST LEE COUNTY

By: ______________________________ By: _____________________________

Clerk to the Board of Commissioners Chair, Board of Commissioners

ATTEST CONTRACTOR

By: ______________________________ By: _____________________________

EXHIBIT B

INSURANCE REQUIREMENTS

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

A. WORKERS’ COMPENSATION

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

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

B. COMMERCIAL GENERAL LIABILITY

Covering Ongoing and Completed Operations involved in this Agreement.

$2,000,000 General Aggregate $2,000,000 Products/Completed Operations Aggregate $1,000,000 Each Occurrence $1,000,000 Personal and Advertising Injury Limit $5,000 Medical Expense Limit

C. COMMERCIAL AUTOMOBILE LIABILITY

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

D. PROFESSIONAL LIABILITY

$1,000,000 Claims Made

Contractor shall provide evidence of continuation or renewal of Professional

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

E. POLLUTION LIABILITY INSURANCE

$1,000,000 Claims Made

Contractor shall provide evidence of continuation or renewal of Pollution

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

F. NETWORK SECURITY & PRIVACY LIABILITY (CYBER)

$1,000,000 Claims Made

Contractor shall provide evidence of continuation or renewal of Technology Errors & Omissions Insurance for a period of two (2) years following termination of the Agreement.

G. ABUSE AND MOLESTATION INSURANCE

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

ADDITIONAL INSURANCE REQUIREMENTS

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

Lee COUNTY, ITS OFFICERS, AGENTS AND EMPLOYEES ARE

INCLUDED AS ADDITIONAL INSURED WITH RESPECTS TO THE

GENERAL LIABILITY INSURANCE POLICY.

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

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

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

C. Contractor shall have no right of recovery or subrogation against Lee County

(including its officers, agents and employees).

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

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

F. Notwithstanding the notification requirements of the Insurer, Contractor hereby agrees to notify County’s Risk Manager at 408 Summit Avenue, Sanford NC 27330, within two (2) days of the cancellation or substantive change of any insurance policy set out herein. Lee, in its sole discretion, may deem failure to provide such notice as a breach of this Agreement.

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

Department: _____________________ Contract #: _____________________

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

I. Certificate Holder shall be listed as follows:

Lee County Attention: Risk Manager 408 Summit Avenue Sanford, NC 27330

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