INFORMAL BID PROPOSAL

AND

CONTRACT DOCUMENTS

FOR

RFB- Commons Digital Sign #2

CITY COUNCIL MEMBERS

SAMMY PHILLIPS, MAYOR

CINDY EDWARDS

MICKEY SMITH

LOGAN SOSA

ANGELIA WASHINGTON

JEROME WILLINGHAM

MICHAEL YANIERO

JOSHUA W. RAY, CITY MANAGER

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RFB-Commons Digital Sign#2 City of Jacksonville, NC Page 2 of 93

TABLE OF CONTENTS

Page

ADVERTISEMENT FOR BIDS

BIDDING REQUIREMENTS

Bid Proposal Attachment A – Certification Regarding Lobbying Attachment B – Buy America Compliance Certification Attachment C - Buy America Non-Compliance Certification

Attachment D – Debarment, Suspension, Ineligibility

CONTRACTING REQUIREMENTS

Contract Agreement Certificate of City’s Attorney Exhibit A Insurance Threshold

(Insert Original Insurance Certificates behind this page.)

Exhibit B Senate Bill 914 Dispute Resolution

General Conditions Davis Bacon Posters……………………………………………………………………………………………………..60 Davis Bacon Wage Determination…………………………………………………………………………………..63

STANDARD CITY FORMS

Notice of Award

Notice to Proceed Construction Contract Progress Payment Request Summary……………………………………………. 74 Prompt Payment Affidavit……………………………………………………………………………………………...76 Affidavit of Capital Improvement……………………………………………………………………………………..77 Sales Tax Affidavit

Stored Materials Payment Request Summary…………………………………………………………………..81 Contract/Purchase Order Change Request Affidavit of Payment of Taxes, Labor, and Materials………………………………………………………..85 Subcontractor’s Request for Early Line Item Release Retainage………………………………………...86 Surety Consent to Release Retainage……………………………………………………………………………..87

Contractor’s Final Release

TECHNICAL SPECIFICATIONS

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ADVERTISEMENT FOR BIDS

Transportation Services Department City of Jacksonville P.O. Box 128 Jacksonville, North Carolina 28541

The City of Jacksonville is requesting BIDS for RFB-Commons Digital Sign #2 located in Jacksonville, North Carolina:

Description: This project consists of but is not limited to the construction of a 12’-0” x

6’ 8” brick sign w ith a single LED digital display w ith an alternative option for a double- sided LED digital display.

All bids are to be returned to Chris Coursey by 2:00 PM (EST) on September 7, 2026, at the Transportation Services Department, Jacksonville City Hall, 815 New Bridge Street, Jacksonville, NC 28540. There will not be a public bid opening.

The responsibility for submitting bids (including all documents requested herein) is solely and strictly that of the bidder. The CITY is not responsible for delays in the delivery of the mail or delays caused by any other occurrence. Bids received after closing time will not be considered.

The BIDDING DOCUMENTS may be examined and/or obtained at the Transportation Department at Jacksonville Station located at 1300 N. Marine Blvd, Jacksonville, NC 28540. People requesting shipment of documents shall bear the additional, non-refundable cost of shipment.

The City of Jacksonville will conduct a Pre-Bid meeting at the Transportation Conference Room, 1300 N. Marine Blvd., on August 17, 2026, at 10:00 AM (EST) immediately followed by a site visit.

The Jacksonville City Council reserves the right to waive any informality, to reject any or all bids, and to accept that Bid or Bids which appear to be in the Owner's best interest.

If you have any questions or if you would like the complete bid document, please contact Chris Coursey, City of Jacksonville, Email: ccoursey@jacksonvillenc.gov at (910) 938-5997 or TDD

(910) 455-8852.

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BIDDING REQUIREMENTS

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Bid Proposal

The undersigned Bidder proposes and agrees that, if this proposal is accepted, to contract with the City of Jacksonville in the form of Contract specified, to furnish all necessary materials, equipment, machinery, tools, apparatus, transportation, labor, and other facilities necessary to complete RFB- Commons Digital Sign #2 in full and complete accordance with the Plans, Specifications, and Contract Documents, to the entire satisfaction of the City of Jacksonville with a definite understanding that no money will be allowed for extra work except as set forth and agreed to in writing, or as specified in the Contract documents; and further agrees to accept in full compensation therefore the prices named in the attached and initialed schedules and, except as otherwise provide in the Contract Specifications, such prices only.

It is understood that the approximate quantities shown in the attached schedules are solely for the purpose of facilitating the comparison of Bids, and that the Contractor's compensations will be computed upon the basis of the actual quantities in the completed work, whether they be more or less than those shown herein.

The undersigned, as a Bidder, hereby declares that the only person or persons interested in this proposal as principal or principals is or are named herein and that no other person than herein mentioned has any interest in this proposal or in the Contract to be entered into; that this proposal is made without connection with any other person, company or parties making a bid or proposal;

and that it is in all respects fair and in good faith without collusion or fraud.

The Bidder further declares that s/he has examined the site of the work and informed himself/herself fully in regard to all conditions pertaining to the place where the work is to be done;

that s/he has examined the specifications for the work and the Contract documents relative thereto, and has read all special provisions furnished prior to the opening of Bids; that s/he has satisfied himself/herself relative to the work to be performed.

The Bidder further proposes and agrees hereby to commence work under this Contract on a date to be specified in a written order of the Owner and shall fully complete all work thereunder within Sixty(60)_ consecutive calendar days from and including said date. The Bidder further understands that if the work is not completed within the time specified, liquidated damages will be deducted from the compensation otherwise due him/her at the rate of One Hundred Fifty Dollars ($150.00) per day for each day thereafter, Sundays and holidays included, that the work remains incomplete.

The following documents must also be included with the bid in order to be considered responsive:

A. Attachment A – Lobbying Certification B. Attachment B – Buy America Compliance OR C. Attachment C – Buy America Non-Compliance D. Attachment D – Debarment, Suspension, Ineligibility Certification

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The undersigned acknowledges receipt of the following ADDENDA to the drawings and/or specifications.

Addendum No. Dated

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Basis of BID:

The undersigned further agrees that in the case of failure on his/her part to execute the said Contract within ten (10) consecutive calendar days after written notice constitutes breach of the Contract.

Bidder will complete the Work in accordance with the Contract Documents for the following price(s):

Project Name: RFB-Commons Digital Sign #2

Bid Form - Commons Digital Sign

Line Item

Specification ITEM UNIT QTY

UNIT

COST

Total

Brick Sign with Single LED Digital

Display

LS 1

SUB-TOTAL

Mobilization (max 5% of subtotal)

TOTAL $

Bid Form - Commons Digital Sign Alternative Option

Line Item

Specification ITEM UNIT QTY

UNIT

COST

Total

Brick Sign with Double-Sided LED

Digital Display

LS 1

SUB-TOTAL

Mobilization (max 5% of subtotal)

TOTAL $

TOTAL LUMP SUM BID AMOUNT: $

TOTAL IN WORDS:

In the event of an arithmetic error in the tabulation of the total lump sum bid amount, the unit prices shall prevail. Additionally, the City of Jacksonville reserves the right to award the project by line item, or in a lump sum total bid amount depending on available funding.

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We hereby certify that this proposal is made in good faith and without collusion or connection with any other person bidding on this proposal or that any official or employee of the City of Jacksonville will be admitted to any share or part of the Contract or any benefit that may arise therefrom if the Contract is awarded to this company.

Name of Corporation, Firm or Individual

Street Address

City, State & Zip

Telephone number and Fax number

By:

Signature

Type or print name DATE

Title of Officer or Individual

License No.

Email Address (please print clearly or type)

SEAL

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Attachment A – CertificationRegarding Lobbying (To be submitted with each bid or offer exceeding $100,000)

The undersigned certifies, to the best of his or her knowledge and belief, that: (Contractor)

1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any persons for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding to any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.

2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant loan, or cooperative agreement, the undersigned shall complete and submit Standard Form- LLL, "Disclosure Form to Report Lobbying", in accordance with its instructions [as amended by "Government wide Guidance for New Restrictions on Lobbying," 61 Fed. Reg. 1413 (1/19/96). Note: language in paragraph (2) herein has been modified in accordance with Section 10 of the Lobbying Disclosure Act of 1995 (P.L. 104- 65, to be codified at 2 U.S.C. 1601, et seq .)]

3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.

This certification is a material representation of fact upon which reliance is placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C. 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

[Note: Pursuant to 31 U.S.C. 1352(c)(1)-(2)(A), any person who makes a prohibited expenditure or fails to file or amend a required certification or disclosure form shall be subject to a civil penalty of not less than $10,000 for each such expenditure or failure.]

The Contractor, , certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. Section A 3801 et seq. apply to this certification and disclosure, if any.

Date Signature of Contractor’s Authorized Official

Name and Title of Contractors Authorized Official

Subscribed and sworn to before me this day of , 20 , in the State of , and the County of .

Notary Public My Appointment Expires

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Attachment B - Buy America Compliance Certification

(To be submitted with all bids exceeding $100,000. A bid, which does not include this certification or the certification under Attachment C, will not be eligible for award.)

The bidder or offeror hereby certifies that it will meet the requirements of 49 U.S.C. 5323(j)(1) and the applicable regulations in 49 C.F.R. Part 661.

DATE

SIGNATURE

COMPANY

NAME

State of

County of

Subscribed and sworn to before me this day of , 20 .

Notary Public

My Appointment Expires

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Attachment C - Buy American Non-Compliance Certification

(To be submitted with all bids exceeding $100,000. A bid, which does not include this certification or the certification under Attachment B, will not be eligible for award.)

The bidder hereby certifies that it cannot comply with the requirements of 49 U.S.C. Section 5323(j), but it may qualify for an exception pursuant to 49 U.S.C. 5323(j)(2), as amended, and the applicable regulation in 49 CFR Part 661.7.

COMPANY

TITLE

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Attachment D – Debarment, Suspension, Ineligibility Certification

(To be submitted with all bids exceeding $25,000.)

(1) The prospective lower tier participant (Bidder/Contractor) certifies, by submission of this bid or proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency.

(2) The prospective Bidder/Contractor also certifies by submission of this bid or proposal that all subcontractors and suppliers (this requirement flows down to all subcontracts at all levels) are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency.

(3) Where the prospective lower tier participant (Bidder/Contractor) is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this bid or proposal.

The lower tier participant (Bidder/Contractor), , certifies or affirms the truthfulness and accuracy of this statement of its certification and disclosure, if any.

COMPANY

TITLE

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CONTRACTING REQUIREMENTS

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Contract Agreement

This agreement, made and entered into this the day of , 20 , between the City of Jacksonville, N.C. (hereinafter called the OWNER), and (hereinafter called the CONTRACTOR), for the construction of a RFB-Commons Digital Sign #2 (hereinafter called the PROJECT) described in the TECHNICAL/BUILDING SPECIFICATIONS and outlined in the BID PROPOSAL.

WITNESSETH: The OWNER and the CONTRACTOR, in consideration of the services and payments hereinafter set forth, agree as follows:

ARTICLE 1. The CONTRACTOR shall furnish all supervision, labor, materials, machinery, tools, equipment, services (including utility and transportation services) and other incidentals necessary to perform all work required to complete the PROJECT in a first class, substantial and workmanlike manner in strict conformity with the CONTRACT DOCUMENTS, and to the satisfaction of the OWNER.

ARTICLE 2. The OWNER will pay the CONTRACTOR

DOLLARS ($ )

to perform the work at the amount stipulated and for performing the total quantity of work set forth in the BID, subject however, to additions or deductions as provided for in these Contract Documents including any addendums which were issued.

ARTICLE 3. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the CONTRACT, subject to conditions as provided for in the CONTRACT DOCUMENTS and to make payments on account thereof as provided in Exhibit A, Supplementary Conditions.

ARTICLE 4. The CONTRACTOR agrees to perform all work necessary to complete the PROJECT within SIXTY (60 ) calendar days after the date the Notice to Proceed has been issued, subject to additional time as may be granted in these contract documents.

OWNER and CONTRACTOR recognize that time is of the essence of this AGREEMENT and that the OWNER will suffer financial losses if the work is not completed within the time specified above. They also recognize the delays, expense, and difficulties involved in proving in a legal proceeding the actual loss suffered by the OWNER if the work is not completed on time. Accordingly, instead of requiring any such proof, the OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR will pay One Hundred Fifty Dollars_($150.00) for each consecutive calendar day that expires after the time allotted above. The OWNER is authorized to deduct the designated sum per day from the monies, which may be due or become due said CONTRACTOR for the work under this CONTRACT.

ARTICLE 5. In the event that the PROJECT is not completed within the time set forth in Article 4, the OWNER may, upon 15 days notice, sent by Registered Mail to the CONTRACTOR and his Surety, declare this agreement in default, and, thereupon the Surety shall promptly take over the completion of the PROJECT within an agreed

RFB-Commons Digital Sign#2 City of Jacksonville, NC Page 21 of 93 upon time, and all funds due or to become due to the CONTRACTOR shall be paid to the Surety. In the event that the Surety shall fail to take over the completion of the PROJECT within fifteen (15) days after being notified and notify the CONTRACTOR in writing, sent by Registered Mail, that the Surety is taking over completion of the PROJECT, the OWNER shall have the right to let the PROJECT remaining to be completed to some other CONTRACTOR, either by public letting or negotiation, and the CONTRACTOR and the Surety on his bond shall pay the OWNER all such default on the part of the CONTRACTOR.

ARTICLE 6. The term CONTRACT DOCUMENTS means, including but not necessarily limited to, the following:

A. Advertisement for Bids B. Contract Agreement C. Certificate of Attorney and Finance Director D. Notice of Award

E. Notice to Proceed F. Progress Payment Requests G. Affidavit of Capital Improvement

H. Sales Tax Affidavit I. Sales Tax Listing J. Contract/Purchase Order Change Request

K. Affidavit of Payment of Taxes, Labor and Materials L. Contractor’s Final Release M. Surety Consent to Cease Withholding Retainage N. Surety Consent to Release Retainage

O. Senate Bill 914 Dispute Resolution P. General Conditions Q. Technical Specifications

R. Bid Proposal S. Bid Bond T. Insurance Certificate U. Performance Bond V. Payment Bond W. City of Jacksonville Proposer/Vendor Federal Provisions Certification Form

X. Plans entitled COJ Recreation Sign – Commons Digital Sign dated and September, 2024 sealed by Fountain Taylor III encompassing the following plan sheets.

1. Elevation and Structural Details and

Plans entitled Jacksonville Commons Park and Ride Facility dated and December 18, 2024 sealed by Jason A. Houston encompassing the following plan sheets.

1. Sign Site Plan

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ARTICLE 7. The CONTRACTOR attests that he has familiarized himself with the nature and extent of the CONTRACT DOCUMENTS, work, locality, and with all local conditions,and federal, state and local laws, ordinances, rules and regulations that in any manner may affect cost, progress, or performance of the work. In addition, the CONTRACTOR has given the OWNER written notice of all conflicts, errors, or discrepancies that he has discovered in the CONTRACT DOCUMENTS and the written resolution thereof by the City is acceptable to CONTRACTOR.

ARTICLE 8. In accordance with North Carolina General Statute 22B-1, the CONTRACTOR agrees to protect, defend, indemnify and hold the City, its officers, employees and agents free and harmless from and against any and all losses, penalties, damages, settlement costs, charges, professional fees or other expenses or liabilities of every kind and 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 thereof (collectively referred to as “losses) where fault on the part of the Contractor or the Contractor’s derivative parties is a proximate cause of the losses. Fault on the part of the Contractor includes but is not limited to a breach of contract; negligent, reckless, or intentional act or omission constituting a tort under applicable statutes or common law; or violations of applicable statutes or regulations. The Contractor’s derivative parties include any of the Contractor’s subcontractors, agents, employees, or other persons or entities for which the Contractor may be liable or responsible as a result of any statutory, tort, or contractual duty. The 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.

ARTICLE 9. This agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors and assigns.

ARTICLE 10. There shall be no weapons or guns allowed on City property or private property you are contracted to work at or on.

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IN WITNESS WHEREOF, on this date, the parties hereto have executed, or caused to be executed, this AGREEMENT, written in TWO (2) ORIGINAL COPIES, each of which shall, without proof or accounting for other counterparts, be deemed an original CONTRACT.

CONTRACTOR

BY:

Signature

TYPED OR PRINTED:

TITLE:

ADDRESS:

Witnessed by:

Title:

CITY OF JACKSONVILLE

BY:

Signature

TYPED OR PRINTED: Joshua W. Ray, City Manager

Witnessed by:

Rose Marshburn, City Clerk

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Certificate of City’s Attorney

I, the undersigned, Lorna I. Welch, the duly authorized and acting legal representative of THE CITY OF JACKSONVILLE, NORTH CAROLINA, do hereby certify as follows:

I have examined the attached Contract for the, RFB-Commons Digital Sign #2 submitted by , and the manner of execution thereof, and I am of the opinion that each of the aforesaid agreements has been duly executed by the proper parties thereto acting through their duly authorized representatives; that said representatives have full power and authority to execute said agreements on behalf of the respective parties named thereon; and that the foregoing agreements constitute valid and legal binding obligations upon the parties executing the same in accordance with terms, conditions, and provisions thereof.

Lorna I. Welch, City Attorney

Date

Approval by City Finance Officer

This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act.

Account/Project#: ( )

Contract Amount: $

Date

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Exhibit A Insurance Threshold

Upon Notice of Award, Contractor must obtain and provide proof of the following types of insurance on an Accord 25 Form with the dollar limits designated, if the box is checked. The provisions in General Conditions are applicable to the designated required insurance coverages.

Insurers must be licensed (Admitted) in the State of North Carolina. For a complete list of companies licensed to do business in North Carolina, please visit the North Carolina Department of Insurance (NCDOI) website (https://sbs.naic.org/solar-external-lookup/). NCDOI lists licensed companies with the “Company Type” as “F&C”, “Casualty”, “Fire”, “Life”, or “Recip Non Assess”. “Company Types” such as “Surplus Lines”, “Authorized Reinsurers” and “Non- Admitted” carriers, etc. do not meet the City’s insurance requirements.

Comprehensive General Liability

$1,000,000 Single Limit/$2,000,000 Aggregate $2,000,000 Single Limit

(Can be satisfied with $1M GL and $1M Umbrella/Excess insurance.

Comprehensive Automobile Liability

$1,000,000 Single Limit

Excess Liability - Umbrella

$1,000,000 Single Limit $2,000,000 Single Limit

Builder’s Risk All Risk

Value of Bid

Workers’ Compensation

NC Statutory Limits

Other Insurances Required

Refer to the General Conditions regarding liability coverage for Asbestos

ADDITIONAL INSURED: The City of Jacksonville must be listed as an Additional Insured (AI) on the following insurance certificates:

1. Automobile Liability Insurance

2. Comprehensive General Liability Insurance

3. Umbrella Liability Insurance when applicable

(Insert Original Insurance Certificates behind this page.)

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Exhibit B Senate Bill 914 Dispute Resolution

COJ RESOLUTION (#2002 28)

WHEREAS, the General Assembly of North Carolina adopted Senate Bill 914, which enacted major changes to the laws governing construction by public entities; and

WHEREAS, included in these changes was the requirement that public entities adopt a Dispute Resolution; and

WHEREAS, any dispute arising from an agreement to construct a Project shall be subject to non-binding mediation in accordance with the rules as set forth for Mediation Settlement Conferences in Onslow County Superior Court and that these rules be incorporated as Attachment A;

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Jacksonville that:

1. It is understood and agreed that NCGS 143-128(g-h) requires that disputes arising under an agreement for the erection, construction, alteration, or repair of a building be subject to a dispute resolution process specified by the Owner. In compliance with this statutory provision, the Owner specifies this Article as the dispute resolution process to be used on this Project. It is further understood and agreed that this dispute resolution process is based on non-binding mediation and will only be effective to the extent that the Parties to any mediated dispute participate in the mediation in good faith. It is also understood and agreed that the Owner is under no obligation under any circumstance to secure or enforce the participation of any other Party in the mediation of any dispute subject to this Article and GS 143-128(g-h).

2. Any dispute arising between or among the Parties listed in Section 4 of this Article that arises from an agreement to construct the Project, including without limitation a breach of such agreement, shall be subject to non-binding mediation in accordance with rules as set forth for Mediation Settlement Conferences in Onslow County Superior Court. To the extent any provision of the Rules is inconsistent with the provisions of this Article, the provisions of this Article shall control. The mediation provided in this Article shall be used pursuant to this Agreement and GS 143-128(g-h) and is in lieu of any dispute resolution process adopted by the North Carolina State Building Commission, which process shall not apply to this Project.

3. For purposes of this Article the following definitions shall apply:

Agreement to construct the Project means an agreement to construct the Project that is subject to the requirements of GS 143- 128 and does not include any agreement related to the Project that is not subject to said statute.

Construct or construction refers to and includes the erection, construction, alteration or repair of the Project; and Party or Parties refers to the parties listed in Section 4 of this Article; and

Project means the building to be erected, constructed, altered, or repaired pursuant to this Agreement.

4. The Owner and any Party contracting with the Owner or with any first-tier or lower-tier subcontractor for the construction of the Project agree to participate in good faith in any mediation of a dispute subject to this Article and GS 143-128(g-h), including without limitation the following Parties (if any): architect(s), engineer(s), surveyor(s), construction manager, construction manager at risk, prime contractor(s), surety(ies), subcontractor(s), and supplier(s).

5. In order to facilitate compliance with GS 143-128(g-h), the Contractor, and all other Parties, shall include this Article in every agreement to which it (any of them) is a Party for the construction of the Project without variation or exception. Failure to do so will constitute a breach of this Agreement, and the Contractor or other Party failing to include this Article in any agreement required by this Article shall indemnify and hold harmless the remaining Parties from and against any and all claims, including without limitation reasonable attorney fees and other costs of litigation, arising in any manner from such breach. Notwithstanding the foregoing provisions of this Section, it is expressly understood and agreed that the Parties are intended to be and shall be third-party beneficiaries of the provisions of this Article and can enforce the provisions hereof.

6. a. The following disputes are not subject to mediation:

i. A dispute seeking a non-monetary recovery; and

ii. A dispute seeking a monetary recovery of $15,000 or less.

b. A dispute seeking the extension of any time limit set forth in an agreement to construct the Project shall be subject to mediation pursuant to this Article and GS 143-128(g-h), but only if the damages which would be suffered by the Party seeking the extension would exceed $15,000 if the disputed extension is denied. To the extent that liquidated damages are set forth in such agreement as the measurement of damages for failure by such Party to meet such time limit, such liquidated damages shall be the exclusive standard for determining the amount of damages associated with such dispute.

7. For purposes of this Article, a dispute is limited to the recovery of monetary damages from the same transaction or occurrence against a single Party or two or more Parties alleged to be liable jointly, severally or in the alternative. Two or more disputes may not be consolidated or otherwise combined without the consent of all Parties to such disputes.

8. In addition to such matters as are required by the Rules, a request for mediation shall include the amount of the monetary relief requested.

9. Prior to requesting mediation, a Party must form a good faith belief that it is entitled under applicable law to recover the monetary amount to be included in the request from one or more of the remaining Parties. Such belief must be based on a reasonable and prudent investigation into the dispute that is the subject of the request. The request for mediation must be based on such investigation and may not include any amount or the name of any remaining Party, unless supported by such investigation and good faith belief by the Party requesting the mediation.

10. If a Party breaches any provision of Section 9, it shall indemnify and hold harmless all other Parties from any costs, including reasonable attorney fees and other costs of litigation, and damages incurred by such other Parties that arise from such breach.

11. All expenses incurred by a Party to a dispute in preparing and presenting any claim or defense at the mediation shall be paid by the Party. Such expenses include without limitation preparation and production of witnesses and exhibits and attorney fees. All other expenses of the mediation, including filing fees and required traveling and other expenses of the mediator, shall be borne as follows: one half by the Party requesting the mediation, with the remaining parties paying equal shares of the remaining expenses and costs; provided that, if the Owner is named as a party to the mediation, the Owner shall pay at least one-third of the mediation expenses and costs divided among the Parties. If more than one Party to a dispute requests a mediation, the mediation expenses and costs to be divided among the Parties shall be borne equally by the Parties to the dispute; provided that, if the Owner is named as a party to the mediation, the Owner shall pay at least one-third of the mediation expenses and costs

RFB-Commons Digital Sign#2 City of Jacksonville, NC Page 29 of 93 divided among the Parties.

12. The mediation shall be held at a location agreeable to the mediator and all of the Parties; provided that, if no agreement can be reached, the mediation will be held at such location in Onslow County, as the mediator shall determine.

13. The provisions of this Article are subject to any other provision of this Agreement concerning the submission, documentation, and/or proof of any claim or dispute. Such other provisions shall apply in full force and shall be satisfied as a condition precedent to mediation pursuant to this Article.

14. The Parties understand and agree that mediation in accordance with this Article shall be a condition precedent to institution of any legal or equitable proceeding seeking monetary recovery based on any dispute that is subject to mediation pursuant to this Article.

ATTACHMENT A

JUDICIAL DISTRICT 4-B

AMENDED RULES FOR SUPERIOR COURT

MEDIATED SETTLEMENT CONFERENCES

ONSLOW COUNTY

APRIL 1997

RULE 1. ORDER FOR MEDIATED SETTLEMENT CONFERENCE

A. BY ORDER IN EACH ACTION

(1) Order by Senior Resident Superior Court Judge. The Senior Resident Superior Court Judge may, by written order, require all persons and entities identified in Rule 4 to attend a pre-trial mediated settlement conference in any civil action except an action in which a party is seeking the issuance of an extraordinary writ or is appealing the revocation of a motor vehicle operator’s license.

(2) Timing of the Order. The Senior Resident Superior Court Judge shall issue the order as soon as practicable after the time for the filing of answers has expired. Rules 1.A.(3) and 3.B. herein shall govern the content of the order and the date of completion of the conference.

(3) Content of Order. The court’s order shall (1) require the mediated settlement conference be held in the case; (2) establish a deadline for the completion of the conference; (3) state clearly that the parties have the right to select their own mediator as provided by Rule 2; (4) state the rate of compensation of the court appointed mediator in the event that the parties do not exercise their right to select a mediator pursuant to Rule 2; and (5) state that the parties shall be required to pay the mediator’s fee at the conclusion of the settlement conference unless otherwise ordered by the court. The order shall be on a form prepared and distributed by the Administrative Office of the Courts.

(4) Motion for Court Ordered Mediated Settlement Conference. In cases not ordered to mediate settlement conference, any party may file a written motion with the Senior Resident Superior Court Judge requesting that such conference be ordered. Such motion shall state the reasons why the order should be allowed and shall be served on non-moving parties. Objections to the motion may be filed in writing with Senior Resident Superior Court Judge within 10 days after the date of the service of the motion. Thereafter, the Judge shall rule upon the motion without a hearing and notify the parties or their attorneys of the ruling.

(5) Motion to Dispense With Mediated Settlement Conference. A party may move the Senior Resident Superior Court Judge, within 10 days after the Court’s order, to dispense with the conference for good cause shown. Such motion shall state the reasons the relief is sought.

The motion shall be mailed to the Senior Resident Superior Court Judge in care of the Judicial Assistant and to all opposing parties who may file objections with the Senior Resident Superior Court Judge within 7 days of the date of the motion. The Senior Resident Superior Court Judge will rule upon all motions and objections without hearing and notify all parties of the ruling.

(6) Consent Motion to Authorize the Use of Other Settlement Procedures. No later than 10 days after issuance of the Court’s mediation order, a party may move the Senior Resident Superior Court Judge to authorize the use of some other settlement procedure in lieu of a mediated settlement conference. Such motion shall state the reasons the authorization is requested and that all parties consent to the motion. The Court may order the use of any agreed upon settlement procedure authorized by Supreme Court or local rules. The deadline for completion of the authorized settlement procedure shall be the same as ordered for the mediated settlement conference.

(7) Exemption from Mediated Settlement Conferences. The Senior Resident Superior Court Judge may be required by the Administrative Office of the Courts to exempt from such conferences a random sample of cases so as to create a control group to be used for comparative analysis.

RULE 2. SELECTION OF MEDIATOR

A. Selection of Certified Mediator by Agreement of Parties. The parties may select a mediator certified pursuant to these Rules by agreement within 21 days of the court’s order. The plaintiff’s attorney shall file with the court a Notice of Selection of Mediator by Agreement within 21 days of the court’s order. Such notice shall state the name, address, and telephone number of the mediator selected; state the rate of compensation of the mediator; state that the mediator and opposing counsel have agreed upon the selection and rate of compensation; and state that the mediator is certified pursuant to these Rules. The notice shall be on a form prepared and distributed by the Administrative Office of the Courts.

B. Nomination and Court 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 the Senior Resident Superior Court Judge, is otherwise qualified by training or experience to mediate all or some of the issues in the action and who agrees to mediate indigent cases without pay.

If the parties select a non-certified mediator, the plaintiff’s attorney shall file with the court a Nomination of Non-Certified Mediator within 21 days of the court’s order. 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

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The Senior Resident Superior Court Judge shall rule on said nomination without a hearing, shall approve or disapprove of the parties’ nomination and shall notify the parties of the court’s decision. The nomination and approval or disapproval of the court shall be on a form prepared and distributed by the administrative Offices of the Courts.

C. Appointment of Mediator by the Court. If the parties cannot agree upon the selection of a mediator, the plaintiff or plaintiff’s attorney shall so notify the court and request, on behalf of the parties, that the Senior Resident Superior Court Judge appoint a mediator. The motion must be filed within 21 days after the court’s order and shall state that the attorneys for the parties have had a full and frank discussion concerning the selection of a mediator and have been unable to agree. The motion shall be on a form prepared and distributed by the Administrative Office of the Courts. The motion shall state whether any party prefers a certified attorney mediator, and if so, the Senior Resident Judge shall appoint a certified attorney mediator. The motion may state that all parties prefer a certified, non-attorney mediator, and if so, the Senior Resident Judge shall appoint a certified non-attorney mediator if one is on the list of certified mediators desiring to mediate cases in the district. If no preference is expressed, the Senior Resident Judge may appoint a certified attorney mediator or a certified non-attorney mediator.

Upon receipt of a motion to appoint a mediator, or in the event the plaintiff’s attorney has not filed a Notice of Selection or Nomination of the Non-Certified Mediator with the court within 21 days of the court’s order, the Senior Resident Superior Court Judge shall appoint a mediator certified pursuant to these Rules, under a procedure established by said Judge. Only mediators who agree to mediate indigent cases without pay and have indicated their desire to mediate cases in Judicial District 4B shall be appointed.

D. Mediator Information Directory. To assist the parties in the selection of a mediator by agreement, the Senior Resident Superior Court Judge shall prepare and keep current a central directory of information on all certified mediators who wish to mediate cases in Judicial District 4B. This information shall be collected on loose leaf forms provided by the Dispute Resolution Commission and be kept in one or more notebooks made available for inspection by attorneys and parties in the office of the Clerk of Court in Onslow County.

E. Disqualification of Mediator. Any party may move the Senior Resident or Presiding Superior Court Judge of Judicial District 4B for an order disqualifying the mediator. For good cause, such order shall be entered. If the mediator is disqualified, a replacement mediator shall be selected or appointed pursuant to Rule 2. If such order is entered, the moving party shall provide a copy of the order to the Trial Court Administrator within 5 days of the date of the order. Nothing in this provision shall preclude mediators from disqualifying themselves upon written notice to the Trial Court Administrator and all parties.

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 the courthouse or other public or community building in the county where the case is pending. 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. As a guiding principle, the conference should be held after the parties have had a reasonable time to conduct discovery but well in advance of the trial date

The court’s order issued pursuant to Rule 1.A.(1). Shall state a date of completion for the conference which shall be not less than 120 days nor more than 180 days after issuance of the court’s order.

C. Request to Extend Date of Completion. A party, or the mediator, may request the Senior Resident Superior Court Judge to 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 the office of the Senior Resident Superior Court Judge.

The Senior Resident Superior Court Judge may grant the request by entering a written order setting a new date for the completion of the conference, which date may be set at any time prior to trial. Said order shall be delivered to all parties and the mediator by the person who sought the extension.

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

E. The Mediated Settlement Conference is Not To Delay Other Proceedings. The mediated settlement conference shall not be cause for the delay of other proceedings in the case, including the completion of discovery, the filing, or hearing of motions, or the trial of the case, except by order of the Senior Resident Superior Court Judge.

RULE 4. DUTIES OF PARTIES, ATTORNEYS, AND OTHER PARTICIPANTS

A. Attendance.

(1) The following persons shall attend a mediated settlement conference:

(a) Parties

(i) All individual parties;

(ii) Any party that is not a natural person or governmental entity shall be represented at the conference by an officer, employee or agent who is not such party’s outside counsel and who has been authorized to decide on behalf of such party whether and

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(iii) Any party that is a governmental entity shall be represented at the conference by an employee or agent who is not such party’s outside counsel and who has authority to decide on behalf of such party whether and on what terms to settle the action; provided, if under law proposed settlement terms can be approved only by a board, the representative shall have authority to negotiate on behalf of the party and to make a recommendation to that board;

(b) Insurance Company Representatives. A representative of each liability insurance carrier, uninsured motorist insurance carrier, and underinsured motorist insurance carrier which may be obligated to pay all or part of any claim presented in the action. Each such carrier shall be represented at the conference by an officer, employee or agent, other than the carrier’s outside counsel, who has the authority to make a decision on behalf of such carrier or who has been authorized to negotiate on behalf of the carrier and can promptly communicate during the conference with persons who have such decision-making authority;

(c) Attorneys. At least one counsel of record for each party or other participant, whose counsel has appeared in the action.

(2) Any party or person required to attend a mediated settlement conference shall physically attend until an agreement is reduced to writing and signed as provided in Rule 4.C. or an impasse has been declared. Any such party or person may have the attendance requirement excused or modified, including the allowance of the party’s or person’s participation without physical attendance:

(a) By agreement of all parties and persons required to attend and the mediator; or

(b) By order of the Senior Resident Superior Court Judge, upon motion of a party and notice to all parties and persons required to attend and the mediator.

B. Notifying Lien Holders. Any party or attorney who has received notice of a lien or other claim upon proceeds recovered in the action shall notify said lien holder or claimant of the date, time, and location of the mediated settlement conference and shall request said lien holder or claimant to attend the conference or make a representative available with whom to communicate during the conference.

C. Finalizing Agreement. If an agreement is reached in the conference, parties to the agreement shall reduce its terms to writing and sign it along with their counsel. By stipulation of the parties and at their expense, the agreement may be electronically or stenographically recorded.

A consent judgment or one or more voluntary dismissals shall be filed with the court by such persons as the parties shall designate.

D. Provide Copy of Agreement. Upon reaching a settlement agreement before or during the conference, the parties and others with settlement authority, shall provide a copy of the executed written agreement to the mediator within 7 days of the settlement. The mediator shall attach a copy of the agreement to the Report of Mediator and mail both to the Trial Court Administrator. Failure of the parties to provide a copy of the written agreement to the mediator on a timely basis will result in sanctions as for failure to attend (see Rule 5.)

E. Payment of Mediator’s Fee. The parties shall pay the mediator’s fee as provided by Rule 7.

RULE 5. SANCTIONS FOR FAILURE TO ATTEND

If a party or other person required to attend a mediated settlement conference fails to attend without good cause, the Senior Resident or Presiding Judge may impose upon the party or person any appropriate monetary sanction including, but not limited to, the payment of fines, attorneys fees, mediator fees, expenses and loss of earning incurred by persons attending the conference.

A party seeking sanctions against another party or person shall do so in a written motion stating the grounds for the motion and the relief sought. Said motion shall be served upon all parties and on any person against whom sanctions are being sought. If the court imposes sanctions, it shall do so, after notice and a hearing, in a written order, making findings of fact supported by substantial evidence and conclusions of law.

RULE 6. AUTHORITY AND DUTIES OF MEDIATORS

A. Authority of Mediator.

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

(2) 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.

(3) 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.

(1) The mediator shall define and describe the following at the beginning of the conference.

(a) The process of mediation;

(b) The differences…