CONSTRUCTION PROPOSAL CONTRACT TERMS AND

CONDITIONS

for

Iredell County Animal Services Shelter Expansion

Sealed Formal Construction

26-532-FC-01

~Contact~

Mrs. Antonia Stines

Purchasing Officer

200 S. Center St. Box 788

Statesville, NC 28677 antonia.stines@iredellcountync.gov

Ms. Kaitlyn Sparks

Contracts Officer

200 S. Center St. Box 788

Statesville, NC 28677 kaitlyn.sparks@iredellcountync.gov

Submission Deadline

September 15, 2026, 2:00 pm

FOR ALL QUESTIONS REGARDING RFP PROCESS, SUBMITTAL,

SCOPE OF SERVICES

Submit questions through the Procurement Portal mailto:antonia.stines@iredellcountync.gov mailto:kaitlyn.sparks@iredellcountync.gov

1. ADVERTISEMENT FOR BIDS

IREDELL COUNTY

PO Box 788

200 South Center Street Statesville, NC 28687

Iredell County (Owner) is requesting bids for the construction of the following project: Iredell County Animal

Services Shelter Expansion

Bids for the construction of the Project will be received by Iredell County Purchasing Officer at 200 South

Center Street, Statesville, NC 28677 until Tuesday, September 15, 2026 at 2:00 pm local time per Purchasing time clock. At that time the Bids received will be publicly opened and read at Government Center Statesville

South Wing Conference Room, 200 South Center Street.

The Project includes the following Work:

The Project consists of site work and construction of an approximately 4,300-square-foot, one-story addition to the existing Animal Shelter. The Work includes, but is not limited to, site clearing and preparation, site paving, fencing, and construction of animal housing areas for dogs, cats, and exotic animals.

The Base Bid includes construction of the Animal Shelter addition in accordance with the Contract Documents and applicable building codes. The building construction is classified as Type VB (5B) construction.

The Work shall include all associated mechanical, plumbing, electrical, and related building systems necessary for a complete and fully operational facility. All work shall be performed in accordance with the plans, specifications, applicable codes, regulations, and requirements of the Authority Having Jurisdiction.

Because the existing Animal Shelter will remain operational throughout construction, the awarded Contractor shall coordinate with the Owner to develop and implement a comprehensive Site Safety and Phasing Plan prior to the commencement of construction. The plan shall address, at a minimum, safe access and egress, separation of construction activities from shelter operations, protection of staff, visitors, animals, and contractors, maintenance of required utilities and services, noise and dust control, and coordination of construction activities to minimize disruption to ongoing shelter operations.

The Contractor shall maintain a safe and secure environment throughout the duration of the Project and shall coordinate all construction activities with the Owner to ensure that the Animal Shelter remains operational to the greatest extent practicable during construction.

Bidding Documents may be obtained through the Procurement Portal at https://procurement.opengov.com/portal/countyofiredellnc.

Neither Owner nor Engineer will be responsible for full or partial sets of Bidding Documents, including Addenda if any, obtained from sources other than through the Procurement Portal at https://procurement.opengov.com/portal/countyofiredellnc. Bidders must hold a valid North Carolina General

Contractors license with a classification of NO VALUE.

Pre-Bid Conference

A Mandatory pre-bid conference for the Project will be held on Tuesday, August 25, 2026, at 2:00 pm at

MANDATORY MEETING Iredell County Animal Services 430 Bristol Drive, Statesville, NC 28687.

https://procurement.opengov.com/portal/countyofiredellnc https://procurement.opengov.com/portal/countyofiredellnc

This advertisement is issued by:

Owner: Iredell County By: Mrs. Antonia Stines, CLGPO Title: Iredell County Purchasing Officer Date: Friday, August 14, 2026

2. INSTRUCTIONS TO BIDDERS

Terms used in these Instructions to Bidders will have the meanings indicated in the package as described.

Additional terms used in these Instructions to Bidders have the meanings indicated below which are applicable to both the singular and plural thereof:

A. Bidder--The individual or entity who submits a Bid directly to Owner.

B. Owner - Iredell County C. Engineer - For this project is RLArchitecture.

D. Successful Bidder--The lowest, qualified and responsible Bidder submitting a responsive Bid to whom

Owner (on the basis of Owner's evaluation as hereinafter provided) makes an award.

E. Bidding Documents – Includes the Advertisement for Bids, Instructions to Bidders, general terms and conditions, the Bid Form, and the proposed Contract Documents (including all Addenda issued prior to receipt of Bids).

COPIES OF BIDDING DOCUMENTS

Complete sets of the Bidding Documents may be obtained from this solicitation under Attachments and are ready for downloaded.

Complete sets of Bidding Documents may also be obtained during the mandatory pre-bid meeting at request prior to the meeting and may be used in preparing Bids; neither Owner nor Engineer assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents.

Owner and Engineer in making copies of Bidding Documents available on the above terms do so only for the purpose of obtaining Bids for the Work and do not confer a license or grant for any other use.

QUALIFICATIONS OF BIDDERS

The Bidder shall provide a summary of relevant experience with Iredell County Animal Services Shelter

Expansion, including job location and work summary, contract amount and duration, contact name and phone number.

A minimum of five (5) relevant construction projects shall be submitted with the bid. It is the Bidder’s responsibility to submit sufficient documentation to demonstrate relevancy.

3. GENERAL AND TECHNICAL SPECIFICATIONS

3.1. Iredell County Animal Services Animal Shelter Addition

The Project consists of Site work for and construction of a one story addition to the existing animal shelter of approximately 4,300 sqft., The work includes site clearing and preparation, site paving and fencing, animal housing for dogs, cats and exotics. Base Bid for the shelter includes unprotected, non-combustible building construction type VB (5B) for the Animal Shelter. Work includes mechanical, plumbing, and electrical work throughout and type VB (5B) construction. Awarded Bidder must create a safe working plan with the owner to remain open during construction.

Engineer has provided entire scope of work and drawings available for this project. Details and requirements will be found within the attached document.

4. GENERAL CONTRACT TERMS AND CONDITIONS

4.1. DEFAULT

In case of default by the awarded contractor, Iredell County may procure the articles or services from other sources and hold the bidder responsible for any excess cost occasioned thereby. In addition, in the event of default by the contractor under this contract, Iredell County may immediately terminate for cause all existing contracts between

Iredell County and the vendor and de-bar the vendor from doing future business with the County. These in addition to any and all remedies provided by law.

4.2. SITUS

The place of this contract, its situs and forum, shall be North Carolina, where all matters, whether sounding in contract or tort, relating to its validity, construction, interpretation and enforcement shall be determined.

4.3. GOVERNING LAWS

This contract is made under and shall be governed and construed in accordance with the laws of the State of North

Carolina.

4.4. PERMITS & INSPECTIONS

All Permits required by governing authorities shall be secured by contractor or contractor’s agent. Proof of approved inspections for all required Permits relative to the Work shall be included with application for Final

Payment.

4.5. PAYMENT TERMS

Payment terms are Net, not earlier nor later than, 30 days after receipt of correct invoice or acceptance of goods, whichever is later. Iredell County is responsible for all payments to the contractor under the contract.

4.6. AFFIRMATIVE ACTION

The contractor will take affirmative action in complying with all Federal and State requirements concerning fair employment and employment of people with disabilities, and concerning the treatment of all employees without regard to discrimination by reason of race, color, religion, sex, national origin or disability.

4.7. CONDITION AND PACKAGING

Unless otherwise provided by special terms and conditions or specifications, it is understood and agreed that any item offered or shipped pursuant to this project has not been sold or used for any purpose and shall be in new condition. All containers and packaging shall be suitable for handling, storage or shipment.

4.8. PATENT

The contractor shall hold and save Iredell County, its officers, agents and employees, harmless from liability of any kind, including costs and expenses, on account of any copyrighted material, patented or unpatented invention, articles, device or appliance manufactured or used in the performance of this contract, including use by the government.

4.9. ADVERTISING

Contractor agrees not to use the results of this RFB or any resulting contract or the name of Iredell County as part of any commercial advertising.

4.10. ASSIGNMENT

No assignment of the contractor’s obligations or the contractor’s right to receive payment hereunder shall be permitted. However, upon written request approved by the issuing purchasing authority and solely as a convenience to the contractor, Iredell County may:

A. Forward the contractor’s payment check directly to any person or entity designated by the contractor, and

B. Include any person or entity designated by contractor as a joint payee on the contractor’s payment check. In no event shall such approval and action obligate Iredell County to anyone other than the contractor and the contractor shall remain responsible for fulfillment of all contract obligations.

4.11. GENERAL INDEMNITY

The contractor shall hold and save Iredell County, its officers, agents, and employees, harmless from liability of any kind, including all claims and losses accruing or resulting to any other person, firm, or corporation furnishing or supplying work, services, materials, or supplies in connection with the a firm, or corporation that may be injured or damaged by the contractor in the performance of this contract and that are attributable to the negligence or intentionally tortious acts of the contractor provided that the contractor is notified in writing within 30 days that Iredell County has knowledge of such claims. The contractor represents and warrants that it shall make no claim of any kind or nature against Iredell County’s agents who are involved in the delivery or processing of contractor goods to Iredell County. The representation and warranty in the preceding sentence shall survive the termination or expiration of this contract.

4.12. E-VERIFY

E-Verify is the federal E-Verify program operated by the United States Department of Homeland Security used to verify the work authorization of newly hired employees pursuant to federal law. Article 2, Chapter 64 of the

North Carolina General Statutes requires that all employers doing business in the state of North Carolina, who employ 25 or more employees in this State, use E-verify to verify the work status of newly hired employees.

Additionally, North Carolina General Statute 153A-449 states that “Contractors Must Use E-Verify. - No county may enter into a contract unless the contractor and the contractor’s subcontractors comply with the requirements of Article 2 of Chapter 64 of the General Statutes.”

Therefore, as a condition of payment under this contract, the seller or vendor agrees to and must comply with

Article 2 of chapter 64, as well as take measures to ensure that any subcontractor performing work for the Vendor under this contract complies with the provisions of this statute. By submitting a signed offer in response to this solicitation, seller or Vendor verifies compliance with the requirements of Article 2 of Chapter 64 of the North

Carolina General Statutes. Upon request of the Iredell County, Vendor shall verify, by affidavit, compliance of the terms of this section.

The seller and/or vendor acknowledges that payment by the County is conditioned upon the vendor’s, or its subcontractor’s, compliance with Article 2 of Chapter 64. Failure to comply may render any contract with the

County void and unenforceable.

4.13. IRAN DIVESTMENT ACT

IRAN Divestment Act (N.C.G.S. 147 Article 6E) prohibits state agencies and local governments from entering into contracts with entities that the North Carolina State Treasurer has determined are engaged in certain investment activities in the Iranian energy sector.

The Article requires the State Treasurer’s Office to publish a list of entities it has identified as investing in the

Iranian energy sector and update the list every 180 days. This list can be found at https://www.nctreasurer.com/inside-the-department/OpenGovernment/Pages/Iran-Divestment-Act-

Resources.aspx. An entity identified on the Treasurer’s list (called the “Final Divestment List”) is prohibited from contracting with state agencies and local governments. In addition, all entities contracting with the State and local governments are prohibited from subcontracting with any entity included on the Final Divestment List. Contracts entered into with an entity included on the Final Divestment List are rendered void by operation of the statute.

Submission of a signed Bid in response to this solicitation indicates contractor’s understanding of the requirements of this act and will serve as certification by the individual signing that the entity is not included on the Final Divestment List and they are prohibited from subcontracting with any entity included on the Final

Divestment List. Any contract entered into with an entity included on the Final Divestment List is void and government entities in North Carolina are not authorized to issue payment for such a contract.

4.14. DIVESTMENT FROM COMPANIES BOYCOTTING ISRAEL ACT

Divestment From Companies Boycotting Israel Act (NC G.S. 147, Article 6G) prohibits state agencies and local governments from entering into contracts costing over $1,000.00 with any entity that the North Carolina

State Treasurer has determined boycotts or is involved in a boycott of Israel.

The Article requires the State Treasurer’s Office to publish a list of entities it has determined boycotts or is involved in a boycott of Israel and update the list at least annually. An entity identified on the Treasurer’s list

(called the “Final Divestment List”) is prohibited from contracting with state agencies and local governments.

Contracts entered into with an entity included on the Final Divestment List are rendered void by operation of the statute.

4.15. TERMINATION

Iredell County may terminate this contract for cause if the contractor fails to perform according to the contract provisions or original offer or for convenience when there has been a change in program requirements or inadequate funding.

5. MINIMUM INSURANCE REQUIRMENTS AND RISK CONTROL

5.1. MINIMUM INSURANCE REQUIREMENTS

Iredell County requires that all contractors performing site preparation, paving, installation, construction, repairs or renovations on County property shall provide insurance certificates to the County naming Iredell County as secondary insured. The contractor shall procure, maintain and provide proof of insurance coverage for injuries to persons and/or property damage as may arise from, or in conjunction with, the work performed on behalf of the county by the contractor, his agents, representatives, employees or subcontractors. Proof of coverage as contained herein shall be submitted prior to the commencement of work and the contractor shall maintain such coverage for the duration of the contract period.

Minimum Insurance Coverage Limits:

• General Liability: $2,000,000 combined single limits, $1,000,000 annual aggregate ($1,000,000 products and completed operations aggregate)

• Automobile Liability: $1,000,000 combined single limits, $1,000,000 annual aggregate. Workers

Compensation:

• Workers Compensation statutory limit as required by the Workers Compensation Act of North

Carolina by all contractors and subcontractors.

• Professional Liability: $1,000,000 combined single limit. (Requirement for Qualification Based

Selection only)

• Builders Risk: Contractor to decide amount of coverage needed for the project materials.

The contractor’s insurance shall be primary over any applicable insurance or self-insurance maintained by the

County.

The contractor shall provide 30 days written notice to the County before any cancellation, suspension, or void of coverage in whole or part, where such provision is reasonable.

All coverage for subcontractors of the contractor shall be subject to all of the requirements stated herein.

Failure to comply with any reporting provisions of the policy(s) shall not affect coverage provided the County, its officers/officials, agents, employees and volunteers.

The insurer shall agree to waive all rights of subrogation against the County, its officers/officials, agents, employees or volunteers for any act, omission or condition of premises which the parties may be held liable by reason of negligence.

The contractor shall furnish the County certificates of insurance including endorsements affecting coverage. The certificates are to be signed by a person authorized by the insurance company(s) to bind coverage on its behalf.

All insurance shall be placed with insurers licensed for business in North Carolina and maintaining an A.M. Best rating of no less than A-.

All insurance policies shall be in effect for the duration of the project and shall be written on an occurrence Basis.

No claims-made policies will be accepted.

The Contractor shall indemnify and hold harmless the County of Iredell, its officers/officials, agents, employees and volunteers from and against all claims, damages, losses and expenses including attorney’s fees arising out of or resulting from the performance of the work, provided that any such claim, damage, loss or expense (1) is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property (other than work itself) including the loss of use resulting therefrom, and (2) is caused in whole or part by any negligent act or omission of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder.

5.2. RISK CONTROL

The Contractor shall be required to comply with all federal, state, and local laws, regulations, and industry standard, or practices regarding safety of employees, the general public, and protection of physical property.

All subcontractors shall be subject to the same requirements.

The Contractor shall be responsible for self-inspection, as well as the inspection of all subcontractors to ensure compliance.

Any inspection of the operations of the Contractor or any subcontractor by the County or by any agent, employee or official of the County shall be done so to ensure compliance to the contract only. No inspection should be construed as a warranty of the operations of contractors and subcontractors.

The Contractor shall be solely responsible for the inspection and compliance of all operations.

The County maintains the right to require the Contractor to take corrective action regarding any hazard or potential hazard identified either by the Contractor or the County.

Failure to comply with these requirements or take any necessary corrective action may constitute reason for cancellation of the contract.

6. DISPUTE PROCEDURES

RULES IMPLEMENTING MEDIATED

SETTLEMENT C ONFERENCES IN

IREDELL COUNTY CONSTRUCTION PROJECTS

Table of Rules

RULE

A. Initiating Mediated Settlement Conferences

A. Purpose of Mandatory Settlement Conferences

B. Initiating the Dispute Resolution Process

B. Selection of Mediator

A. Selection of Certified Mediator by Agreement of the Parties

B. Nomination and Court Approval of a Non-Certified Mediator

C. Appointment of Mediator by Iredell County

D. Mediator Information Directory

E. Disqualification of Mediator

C. The Mediated Settlement Conference

A. Where Conference is to be Held

B. When Conference is to be Held

C. Request to Extend Deadline for Completion

D. Recesses

E. The Mediated Settlement Conference shall not be cause of the Delay of the Construction Project which is the focus of the Dispute

D. Duties of Parties and Other Participants in Mediated Settlement Conferences

A. Attendance

B. Finalizing Agreement

C. The Mediation Fee shall be paid in accordance with N.C.G.S. 143-128(f1)

D. Failure to Compensate Mediator

E. Authority and Duties of Mediators

A. Authority of Mediator

B. Duties of Mediator

F. Compensation of the Mediator

A. By Agreement

B. By Appointment

G. Mediator Certification

H. Rule Amendments

I. Time Limits

RULE 1. INITIATING MEDIATED SETTLEMENT CONFERENCES

A. Purpose of Mandatory Settlement Conferences. Pursuant to Iredell County Policy, these Rules are promulgated to implement a system of settlement events which are designated to focus the parties’ attention on settlement rather than on claim preparation and to provide a structured opportunity for settlement negotiations to take place. Nothing herein is intended to limit or prevent the parties from engaging in settlement procedures voluntarily at any time prior to or during commencement of the dispute resolution process.

B. Initiating the Dispute Resolution Process

A. Any party to an Iredell County contract who is a party to a dispute arising out of the construction process in which the amount in controversy is at least $15,000 may submit a written request to Iredell

County for mediation of the dispute.

B. Prior to submission of a written request for mediation to Iredell County, the parties requesting mediation must:

1. If a prime contractor, must have first submitted its claim to the Project Designer (Architect, Engineer or head of project as designated by County) for review. If the dispute is not resolved through the Project

Designer’s instructions, then the dispute becomes eligible for mediation in this dispute resolution process, and the party may submit their written request for mediation to Iredell County.

2. If the party requesting mediation is a subcontractor, it must first have submitted its claim for mediation to the prime contractor with whom it has a contract. If the dispute is not resolved through the

Prime Contractor’s involvement, then the dispute becomes eligible for mediation in this dispute resolution process, and the party may submit its written request for mediation to Iredell County.

3. If the party requesting mediation is the Project Designer, then it must first submit its claim to Iredell

County to resolve. If the dispute is not resolved with Iredell County’s involvement, then the Project

Designer’s dispute is eligible for mediation in this dispute resolution process, and the Project Designer may submit its written request to Iredell County for mediation.

RULE 2. SELECTION OF MEDIATOR

A. Selection of Certified Mediator by Agreement of the Parties. The parties may select a certified mediator pursuant to the Rules by agreement within 21 days of requesting mediation. The requesting party shall file with Iredell County a Notice of Selection of Mediator by Agreement within 10 days of the request;

however, any party may file the notice. Such notice shall state the following: the name, address and telephone number of the mediator selected; the rate of compensation of the mediator; that the mediator and the other parties have agreed upon the selection and rate of compensation; and that the mediator is certified pursuant to these Rules.

B. Nomination and Iredell County Approval of a Non-Certified Mediator. The parties may select a mediator who does not meet the certification requirements of these Rules but who, in the opinion of the parties and Iredell County is otherwise qualified by training or experience to mediate the action.

If the parties select a non-certified mediator, the requesting party shall file with Iredell County a

Nomination of Non-Certified Mediator within 10 days of the request. Such nomination shall state the name, address and telephone number of the mediator; state the training, experience or other qualifications of the mediator; state the rate of compensation of the mediator; and state that the mediator and opposing counsel have agreed upon the selection and rate of compensation.

Iredell County shall rule on said nomination, shall approve or disapprove of the parties’ nomination and shall notify the parties of its decision.

C. Appointment of Mediator by Iredell County. If the parties cannot agree upon the selection of a mediator, either the party or party’s attorney shall notify Iredell County and request, on behalf of the parties, that Iredell County appoint a mediator. The request for appointment must be filed within 10 days after request to mediate and shall state that the parties have had a full and frank discussion concerning the selection of a mediator and have been unable to agree. The request shall state whether any party prefers a certified attorney mediator, and if so, Iredell County shall appoint a certified attorney mediator. If no preference is expressed, Iredell County may appoint a certified attorney mediator or a certified non-attorney mediator.

D. Mediator Information Directory. To assist the parties in the selection of a mediator by agreement, the parties are free to utilize the list of certified mediators maintained in any county participating in the

Superior Court Mediation Settlement Conference Program which Iredell County does.

E. Disqualification of Mediator. Any party may request replacement of the mediator by Iredell County for good cause. Nothing in this provision shall preclude mediators from disqualifying themselves.

RULE 3. THE MEDIATED SETTLEMENT CONFERENCE

A. Where Conference is to be Held. Unless all parties and the mediator otherwise agree, the mediated settlement conference shall be held in Iredell County. The mediator shall be responsible for reserving a place and making arrangements for the conference and for giving timely notice of the time and location of the conference to all attorneys, unrepresented parties and other persons and entities required to attend.

B. When Conference is to be Held. The deadline for completion of the mediation shall be no less than 30 days and no more than 60 days after the naming of the mediator.

C. Request to Extend Deadline for Completion. A party, or the mediator, may request that Iredell County extend the deadline for completion of the conference. Such request shall state the reasons the extension is sought and shall be served by the moving party upon the other parties and the mediator. If any party does not consent to the request, said party shall promptly communicate its objection to Iredell County.

Iredell County may grant the request by setting a new deadline for completion of the conference or deny the request to extend the deadline.

D. Recesses. The mediator may recess the conference at any time and may set times for reconvening. If the time for reconvening is set before the conference is recessed, no further notification is required for persons present at the conference.

E. The mediated settlement or the matter subject of the mediation conference shall not be cause for the delay of the construction project which is the focus of the dispute.

RULE 4. DUTIES OF PARTIES AND OTHER PARTICIPANTS IN THE DISPUTE RESOLUTION

PROCESS

A. Attendance.

A. All parties to the dispute originally presented to the Designer or Prime Contractor or County for initial resolution must attend the mediation. Failure of a party to a construction contract to attend the mediation will result in Iredell County’s withholding of monthly payment to that party until such party attends the mediation.

B. Attendance shall constitute physical attendance, not by telephone or other electronic means. Any attendee on behalf of a party must have authority from that party to find it to any agreement reached as a result of the mediation.

C. Attorneys on behalf of parties may attend the mediation but are not required to do so.

D. Sureties or insurance company representatives are not required to attend the mediation unless any monies paid or to be paid as a result of any agreement reached as a result of mediation require their presence or acquiescence. If such agreement or presence is required, then authorized representatives of the surety or insurance company must attend the mediation.

B. Finalizing Agreement. If an agreement is reached in the conference, parties to the agreement shall reduce the terms to writing and sign it along with their counsel, if counsel is present.

C. Mediation Fee. The mediation fee shall be paid in accordance with N.C.G.S. 143-128(f1).

D. Failure to Compensate Mediator. Any party’s failure to compensate the mediators in accordance with

N.C.G.S. 143-128(f1) shall subject that party to a withholding of said amount of money from the party’s monthly payment by Iredell County.

RULE 5. AUTHORITY AND DUTIES OF MEDIATORS

A. Authority of Mediator.

A. Control of Conference. The mediator shall at all times be in control of the conference and the procedures to be followed.

B. Private Consultation. The mediator may communicate privately with any participant or counsel prior to and during the conference. The fact that private communications have occurred with a participant shall be disclosed to all other participants at the beginning of the conference.

C. Scheduling the Conference. The mediator shall make a good faith effort to schedule the conference at a time that is convenient with the participants, attorneys and mediator. In the absence of agreement, the mediator shall select the date for the conference.

B. Duties of Mediator

A. The mediator shall define and describe the following at the beginning of the conference:

A. The process of mediation;

B. The difference between mediation and other forms of conflict resolution;

C. The costs of the mediated settlement conference;

D. That the mediated settlement conference is not a trial, the mediator is not a judge, and the parties retain their legal rights if they do not reach settlement;

E. The circumstances under which the mediator may meet and communicate privately with any of the parties or with any other person;

F. Whether and under what conditions communications with the mediator will be held in confidence during the conference;

G. The inadmissibility of conduct and statements as provided by N.C.G.S. 7A-38.1(l);

H. The duties and responsibilities of the mediator and the participants; and

I. That any agreement reached will be reached by mutual consent.

B. Disclosure. The mediator has a duty to be impartial and to advise all participants of any circumstances bearing on possible bias, prejudice or partiality.

C. Declaring Impasse. It is the duty of the mediator to timely determine that an impasse exists and that the conference should end.

D. Reporting Results of Conference. The mediator shall report to Iredell County within 10 days of the conference whether or not an agreement was reached by the parties. If an agreement was reached, the report shall state the nature of said agreement. The mediator’s report shall inform Iredell County of the absence of any party known to the mediator to have been absent from the mediated settlement conference without permission. Iredell County may require the mediator to provide statistical data for evaluation of the mediated settlement conference program.

E. Scheduling and Holding the Conference. It is the duty of the mediator to schedule the conference and conduct it prior to the deadline of completion set by the rules. Deadlines for completion of the conference shall be strictly observed by the mediator unless said time limit is changed by a written order from Iredell

County.

RULE 6. COMPENSATION OF THE MEDIATOR

A. By Agreement. When the mediator is stipulated by the parties, compensation shall be as agreed upon between the parties and the mediator provided that the provision of N.C.G.S. 143-128(f1) are observed.

B. By Appointment. When the mediator is appointed by Iredell County, the parties shall compensate the mediator for mediation services at the rate in accordance with the rate charged for Superior Court mediation. The parties shall also pay to the mediator a one-time per case administrative rate in accordance with the rate charged for Superior Court mediation, which is due upon appointment.

RULE 7. MEDIATOR CERTIFICATION.

A. All certified mediators shall be properly certified in accordance with the rules certifying mediators in

Superior Court in North Carolina. (Except when otherwise allowed by Iredell County upon the request of the parties to the mediation.)

B. When selecting mediators, the parties may designate a preference for mediators with a background in construction law or public construction contracting. Such requirements, while preferred, are not mandatory under these Rules.

C. All mediators chosen must either demonstrate they are certified in accordance with the Rules

Implementing Scheduled Mediated Settlement Conference in Superior Court or must gain the consent of

Iredell County to mediate any dispute in accordance with these Rules.

RULE 8. RULE MAKING.

These Rules are subject to amendment by Iredell County at any time the County deems it appropriate.

RULE 9. TIME LIMITS.

Any time limit provided for by these Rules may be waived or extended by the mediator the County appoints for good cause shown. If the mediator has not yet been appointed, the Designer of Record shall decide all waivers or extensions of time for good cause shown.

7. BID BOND

A Bid must be accompanied with a bid security in the form of a Bid Bond or Deposit (by cashier’s or certified check) made payable to Iredell County in an Amount of five (5) percent of submitted, bidder's maximum Bid price, enforceable for at least ninety (90) days from submission in the form of Bid Bond Form included in the

Bidding Requirements and issued by a surety. THE BID BOND MUST BE SEALED IN A SEPERATE

ENVELOPE AND LABELLED BID BOND TO SHOW COMPLIANCE WITH BOND

REQUIREMENTS.

The Bid Bond or Deposit of the Successful Bidder will be retained until such Bidder has executed the Contract

Documents, furnished the required Performance and Payment Bonds and met the other conditions of the Notice of Award, whereupon the Bid Bond or Deposit shall be returned. If the Successful Bidder fails to execute and deliver the Contract Documents and furnish the required Performance and Payment Bonds within ten (10) business days after the Notice of Award, Iredell County may annul the Notice of Award and the Bid Bond or

Deposit of that Bidder shall be forfeited.

The Bid Bonds or Deposits of other Bidders whom Iredell County believes to have a reasonable chance of receiving the award may be retained by Iredell County until the ninety-first (91st) day after the Bid opening, whereupon Bid Bonds or Deposits furnished by such Bidders will be returned.

Bid Bonds or Deposits of other Bidders whom Iredell County believes do not have a reasonable chance of receiving the award will be released and returned to Bidders. The Bid Bond shall be issued by a company authorized to do business by the North Carolina Department of Insurance and having a Registered Agent in the

State of North Carolina.

Attachments:

A - IREDELL COUNTY BID DOCUMENTS - Animal Services Combined RLA- FINAL