2018-325-E AMS - Bordeaux Construction Co. Northern Campus construction

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DocuSign Envelope ID: 04E136D1 -507C- 4219- BF16- 446F8D2192F8 10.5. The CMAR shall not award or issue notice of award for the Work until certified tabulation of the bids, copies of the bids received, the CMAR's recommendations for award, a report of the documentation of MWBE participation and documentation of the good faith efforts of the bidders are provided to and reviewed with the Owner. 10.6. The CMAR may not bid on any trade package, nor may the CMAR perform the Work of any trade package except in the case of an emergency or extraordinary circumstance without the written approval of the Owner and Project Designer. The Owner's Representative may approve the CMAR performing a portion of the Work only if that bidding produces no responsible, responsive bidder for that portion of the Work, the lowest, responsive, responsible bidder will not execute a contract for the bid portion of the Work, or a Subcontractor defaults and a qualified replacement cannot be obtained in a timely manner, and the amount of the Work does not exceed $100,000. Any self - performance of the Work by the CMAR exceeding $100,000 requires the approval of the Orange County Commissioners. 10.7. Once Subcontractors are in place, the CMAR shall provide copies of contracts to the Owner and Project Designer, including those for equipment and material suppliers. The CMAR will require the Subcontractors to provide the applicable Contract Documents including insurance certificates, MWBE participation schedules, and verification of MWBE participation (by submission of letters of intent, copies of purchase orders, etc.). 10.8. If the Project Designer disapproves of any Subcontractor, then it shall submit its reasons for disapproval in writing to the Owner and CMAR. If the Owner's Representative concurs with the Project Designer's recommendation, the CMAR shall submit a substitute for approval. The Project Designer shall act promptly in the approval of material and equipment suppliers and when approval is given, no changes will be permitted except for cause or reason considered justifiable to the Project Designer and Owner's Representative. 10.9. The Project Designer will furnish to any Subcontractor, upon request, evidence regarding amounts of money approved for payment to the CMAR on account of the Subcontractor's Work. 10.10. The CMAR is and remains fully responsible for its own acts or omissions as well as those of any Subcontractor or of any employee of either. The CMAR agrees that no contractual relationship exists between the Subcontractor and the Owner in regard to the Contract, and that the Subcontractor acts on its Work as an agent or employee of the CMAR. The CMAR shall prepare bid documents and construction contract conditions for the Subcontracts for the Work, with the participation of the Design Professional as set forth in the Design Agreement. Bid documents containing (but not limited to) the terms described below shall be prepared by the CMAR and the Design Professional as indicated: 10.10.1. Designer and CMAR: Any procedure or condition requested by the Owner's Representative in writing that is consistent with this Contract. 10.10.2. CMAR: Time of completion and liquidated damages. 10.10.3. Designer and CMAR: Alternate bids — as previously established with Owner's representative and CMAR's approval. 10. 10.4. Designer and CMAR: Allowances - as previously established with Owner's representative and CMAR's approval. 10. 10.5. Designer and CMAR: Any condition peculiar to the Project and the requirements of the particular contract. 10.10.6. CMAR: Tax reporting and payment procedures. 10.10.7. CMAR: Bid, Payment and Performance Bond forms and procedures in accordance with NC General Statutes. 10.10.8. CMAR: Insurance coverages and certificates. Page 13 of 53 Revised 10/17