2025-207-E-AMS-Gilban crisis diversion-Master WC GL AutoXS-10M

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Page 12 of 53 5-2-25 9.7. If at any time during the construction and completion of the Work covered by these Contract Documents, the conduct of any worker of the various crafts be adjudged by the Owner’s Representative a nuisance to the Owner or Project Designer, or if any worker be considered detrimental to the Work, the CMAR and the Subcontractor shall order such parties removed immediately from the site and its environs. 10. SUBCONTRACTS AND SUBCONTRACTORS 10.1. The CMAR shall determine the appropriate bid packages based on the available resources. One or more bid packages shall be prepared for each of the general construction, electrical, mechanical, fire protection, and plumbing divisions of the Work of the Project. The CMAR shall prepare any other contract packages for other divisions or subdivisions of the Work. Each Subcontractor may be required by the CMAR to provide bonds and insurance, consistent with the terms of the RFQ. 10.2. First-tier Subcontractors shall be pre-qualified by the CMAR. Only pre-qualified Subcontractors are allowed to bid and contract with the CMAR on a Project. The CMAR and the Owner’s Representative shall confer on the prequalification of lower tier subcontractors, and the CMAR shall decide whether to pre-qualify lower tier subcontractors after giving due regard to the Owner’s MWBE goals. The prequalification criteria shall be determined jointly by the Owner, Project Designer and the CMAR to address quality, performance, time specified in the bids for performance of the Contract, the cost of construction oversight, time for completion, capacity to perform, and other factors deemed appropriate by the Owner. The CMAR shall publicly advertise as prescribed in G.S. 143-129; and shall accept bids from first-tier Subcontractors for all construction Work and all General Conditions that are not being self-performed by the CMAR or by an affiliated entity of CMAR. All bids shall be opened publicly and once they are opened, shall be public record under Chapter 132 of the General Statutes. The CMAR shall award each contact to the lowest responsible, responsive bidder, taking into consideration the Owner’s requirements, quality, performance, time specified in the bids for performance of the contract, the cost of construction oversight, time for completion, compliance with G.S. 143-128.2 and other factors deemed appropriate by the Owner’s Representative and advertised as part of the bid solicitation. If the low bid Subcontractor fails to account for all costs associated with the scope of the Work on which it is bidding, then the bid may be disqualified at the discretion of the CMAR or modified to show additional Project costs not accounted for. If after modification, the apparent low bid is no longer low, then the CMAR shall disqualify that bid and consider the next low bid submitted. The CMAR shall have the right as outlined above to verify the scope of each low bid in the same manner until it determines the lowest verified bid. Gilbane hereby discloses to the Owner the use of Next 150 Construction LLC/Next 150 Construction Servies, LLC, a Gilbane related party for the performance of skilled craft labor, small tools, consumable, equipment, materials, and temporary services in connection with the Project. 10.3. The CMAR shall conduct pre-bid meetings and award meetings for all contracts. The CMAR shall notify the Owner and Project Designer of each such meeting and shall not hold any such meeting without notification to the Owner and Project Designer. 10.4. The CMAR or Owner may reject all bids and repeat the bidding for a given division of Work or re- package the Work activity. 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 Docusign Envelope ID: 5A9E3BC2-EAE1-4C35-82D9-B4D6A375FA78