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project funding. The documents shall be prepared in a form <br />approved by the Owner. <br />3.9 Procurement Phase <br />All construction contracts, labor, materials and services shall be <br />procured in accordance with N.C. Gen. Stat. ~ 143-128.1 and <br />other sections of Chapter 143 Article 8 of the North Carolina <br />General Statutes relating to construction management at risk <br />contracts. <br />3.9.1 Pregualifying Bidders <br />The CM shall develop lists of possible bidders and shall <br />prequalify bidders. This service shall include the following: <br />preparation and transmission of questionnaires; receiving and <br />analyzing completed questionnaires; interviewing possible <br />bidders, bonding agents, and financial institutions; and <br />preparing summary reports regarding this activity to the Owner. <br />The CM shall also prepare and transmit to the Owner a bidders <br />list for each bid package. The Owner shall notify the CM <br />promptly of any reasonable objections to a proposed bidder, <br />and the CM shall remove that bidder from the bidders list. <br />3.9.2 Bidder's Interest Campaign <br />[Not used] <br />3.9.3 Notices and Advertisements <br />The CM shall prepare and place notices and advertisements to <br />solicit competitive bids for the Project. <br />3.9.4 Delivery of Bid Documents <br />The CM shall expedite the delivery of bid documents to the <br />bidders. The CM shall obtain a full set of documents from the <br />Designer and arrange for printing, binding, wrapping and <br />delivery to the bidders. The CM shall maintain a record of <br />bidders receiving documents. <br />3.9.5 Pre-Bid Conference <br />In conjunction with the Designer, the GM shall conduct aPre- <br />Bid Conference. These conferences shall be forums for the <br />CM and Designer to explain to the bidders the Project <br />requirements, including information concerning schedule <br />requirements, time and cost control requirements, access <br />requirements, contractor intertaces, minority and women's <br />business enterprise goals, the project administrative <br />requirements and technical information. <br />3.9.6 Information to Bidders <br />The CM shall develop and coordinate procedures to provide <br />answers to bidders' questions. <br />3.9.7 Addenda <br />The GM shall receive from the Designer a copy of all addenda. <br />The GM shall review addenda for clarity, consistency and <br />coordination. By performing the reviews described herein, the <br />CM is not acting in a manner so as to assume responsibility or <br />liability, in whole or in part, for all or any part of the Project <br />design or the content of the design documents. The CM shall <br />also distribute a copy of all addenda to each bidder receiving <br />documents. <br />3.9.8 Bid Opening <br />The GM shall conduct bid openings in accordance with statute <br />and shall evaluate the bids to determine the lowest responsive <br />and responsible bidder. The GM shall not award or enter into <br />any contract for Work on the Project until the GM has provided <br />the Owner with written notice of the intent to award the contract <br />with reasons for awarding the contract to the successful bidder. <br />This written notice shall also describe compliance by the bidder <br />with the Owner's Minority Business Enterprise Policy, attached <br />to this Agreement as Appendix C. The Owner shall be given <br />reasonable opportunity to consider the qualifications of the <br />successful bidder, and the impact of award of the contract on <br />the Project and Construction Budget. <br />3.9.9 Construction Contracts <br />After obtaining Owner's approval. <br />the CM shall prepare, execute, and deliver the Contract <br />Documents between the CM and the Contractors. The CM <br />shall also issue the notices to proceed. <br />3.9.10 Permits, Insurance and Labor Affidavits <br />The CM shall verify that all required building permits, bonds, <br />insurance, labor affidavits, and waivers required for the Project <br />have been obtained. <br />3.10 Construction Phase <br />The CM shall be responsible for construction administration <br />and management, overall field supervision, Project safety <br />program, quality assurance, and other services needed to <br />construct the Project *~° ^,^^* ^°~'~'~^~~^ ^°' <br />aaaflaeF, using means and methods appropriate for the Proiect <br />and consistent with the interests of the Owner and the <br />requirements of the Contract Documents. <br />11 <br />