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16 <br /> Subcontractors to provide the applicable Contract Documents including insurance certificates, <br /> MWBE participation schedules, and verification of MWBE participation (by submission of letters <br /> of intent,copies of purchase orders,etc.). <br /> 10.8. If the Project Designer disapproves of any Subcontractor, then it shall submit its reasons for <br /> disapproval in writing to the Owner and CMAR. If the Owner's Representative concurs with the <br /> Project Designer's recommendation,the CMAR shall submit a substitute for approval. The Project <br /> Designer shall act promptly in the approval of material and equipment suppliers and when approval <br /> is given, no changes will be permitted except for cause or reason considered justifiable to the <br /> Project Designer and Owner's Representative. <br /> 10.9. The Project Designer will furnish to any Subcontractor,upon request, evidence regarding amounts <br /> of money approved for payment to the CMAR on account of the Subcontractor's Work. <br /> 10.10. The CMAR is and remains fully responsible for its own acts or omissions as well as those of any <br /> Subcontractor or of any employee of either.The CMAR agrees that no contractual relationship <br /> exists between the Subcontractor and the Owner in regard to the Contract,and that the <br /> Subcontractor acts on its Work as an independent contractor of the CMAR.The CMAR shall <br /> prepare bid documents and construction contract conditions for the Subcontracts for the Work,with <br /> the participation of the Design Professional as set forth in the Design Agreement.Bid documents <br /> containing(but not limited to)the terms described below shall be prepared by the CMAR and the <br /> Design Professional as indicated: <br /> 10.10.1.Designer and CMAR:Any procedure or condition requested by the Owner's <br /> Representative in writing that is consistent with this Contract. <br /> 10.10.2.CMAR:Time of completion and liquidated damages. <br /> 10.10.3.Designer and CMAR:Alternate bids—as previously established with Owner's <br /> representative and CMAR's approval. <br /> 10.10.4.Designer and CMAR:Allowances-as previously established with Owner's representative <br /> and CMAR's approval. <br /> 10.10.5.Designer and CMAR:Any condition peculiar to the Project and the requirements of the <br /> particular contract. <br /> 10.10.6.CMAR: Tax reporting and payment procedures. <br /> 10.10.7.CMAR:Bid,Payment and Performance Bond forms and procedures in accordance with <br /> NC General Statutes. <br /> 10.10.8.CMAR: Insurance coverages and certificates. <br /> 10.10.9.CMAR:A statement emphasizing execution of the contract(s)and delivery to the CMAR <br /> and Owner in accordance with General Statutes(within 10 days of award). <br /> 10.10.10.Designer and CMAR:Determine special definitions,such as"unclassified excavation, <br /> mucking or rock",etc. <br /> 10.10.11.CMAR:Develop procedures for the Subcontractor(s)to request and the Owner's <br /> Representative to authorize field and laboratory testing by qualified independent testing agent, <br /> which typically include soils,concrete,masonry,asphalt,steel,welding,etc. in accordance with <br /> ASTM standards.The CMAR and Project Designer shall participate in reviewing qualification <br /> statements from local testing companies,evaluating with the Project Designer and Owner,and <br /> providing a final recommendation to the Owner. Subsequent to the Owner's Representatives <br /> approval,the CMAR shall participate in seeking proposals for separate contracts as required for <br /> testing and special testing necessary for the Project and recommending selection to the Designer <br /> and Owner,and the execution of contracts.The cost of independent testing agent(s)is not included <br /> in CMAR's GMP. <br /> Page 13 of 52 <br /> Revised 12/24,4/25 <br />