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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,
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<br /> quality , performance , time specified in the bids for performance of the contract, the cost of E
<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 I
<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 .
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<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
<br /> Page 12 of 52
<br /> Revised 12/24, 4/25
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