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<br /> 10.SUBCONTRACTS AND SUBCONTRACTORS
<br /> 10.1. The CMAR shall determine the appropriate bid packages based on the available resources. One or
<br /> more bid packages shall be prepared for each of the general construction, electrical, mechanical,
<br /> fire protection, and plumbing divisions of the Work of the Project. The CMAR shall prepare any
<br /> other contract packages for other divisions or subdivisions of the Work. Each Subcontractor may
<br /> be required by the CMAR to provide bonds and insurance,consistent with the terms of the RFQ.
<br /> 10.2. First-tier Subcontractors shall be pre-qualified by the CMAR. Only pre-qualified Subcontractors
<br /> are allowed to bid and contract with the CMAR on a Project. The CMAR and the Owner's
<br /> Representative shall confer on the prequalification of lower tier subcontractors, and the CMAR
<br /> shall decide whether to pre-qualify lower tier subcontractors after giving due regard to the Owner's
<br /> MWBE goals. The prequalification criteria shall be determined jointly by the Owner, Project
<br /> Designer and the CMAR to address quality, performance, time specified in the bids for
<br /> performance of the Contract, the cost of construction oversight, time for completion, capacity to
<br /> perform, and other factors deemed appropriate by the Owner. The CMAR shall publicly advertise
<br /> as prescribed in G.S. 143-129; and shall accept bids from first-tier Subcontractors for all
<br /> construction Work and all General Conditions that are not being self-performed by the CMAR or
<br /> by an affiliated entity of CMAR. All bids shall be opened publicly and once they are opened, shall
<br /> be public record under Chapter 132 of the General Statutes.The CMAR shall award each contact to
<br /> the lowest responsible, responsive bidder, taking into consideration the Owner's requirements,
<br /> quality, performance, time specified in the bids for performance of the contract, the cost of
<br /> construction oversight, time for completion, compliance with G.S. 143-128.2 and other factors
<br /> deemed appropriate by the Owner's Representative and advertised as part of the bid solicitation. If
<br /> the low bid Subcontractor fails to account for all costs associated with the scope of the Work on
<br /> which it is bidding,then the bid may be disqualified at the discretion of the CMAR or modified to
<br /> show additional Project costs not accounted for. If after modification, the apparent low bid is no
<br /> longer low, then the CMAR shall disqualify that bid and consider the next low bid submitted. The
<br /> CMAR shall have the right as outlined above to verify the scope of each low bid in the same
<br /> manner until it determines the lowest verified bid. Gilbane hereby discloses to the Owner the use
<br /> of Next 150 Construction LLC/Next 150 Construction Servies,LLC,a Gilbane related party for the
<br /> performance of skilled craft labor, small tools, consumable, equipment, materials, and temporary
<br /> services in connection with the Project.
<br /> 10.3. The CMAR shall conduct pre-bid meetings and award meetings for all contracts. The CMAR shall
<br /> notify the Owner and Project Designer of each such meeting and shall not hold any such meeting
<br /> without notification to the Owner and Project Designer.
<br /> 10.4. The CMAR or Owner may reject all bids and repeat the bidding for a given division of Work or re-
<br /> package the Work activity.
<br /> 10.5. The CMAR shall not award or issue notice of award for the Work until certified tabulation of the
<br /> bids, copies of the bids received, the CMAR's recommendations for award, a report of the
<br /> documentation of MWBE participation and documentation of the good faith efforts of the bidders
<br /> are provided to and reviewed with the Owner.
<br /> 10.6. The CMAR may not bid on any trade package,nor may the CMAR perform the Work of any trade
<br /> package except in the case of an emergency or extraordinary circumstance without the written
<br /> approval of the Owner and Project Designer. The Owner's Representative may approve the CMAR
<br /> performing a portion of the Work only if that bidding produces no responsible, responsive bidder
<br /> for that portion of the Work,the lowest, responsive,responsible bidder will not execute a contract
<br /> for the bid portion of the Work, or a Subcontractor defaults and a qualified replacement cannot be
<br /> obtained in a timely manner, and the amount of the Work does not exceed $100,000. Any self-
<br /> performance of the Work by the CMAR exceeding $100,000 requires the approval of the Orange
<br /> County Commissioners.
<br /> 10.7. Once Subcontractors are in place, the CMAR shall provide copies of contracts to the Owner and
<br /> Project Designer,including those for equipment and material suppliers.The CMAR will require the
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<br /> Revised 12/24,4/25
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