Orange County NC Website
Page 13 of 53 <br />5-2-25 <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 />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 />Docusign Envelope ID: 5A9E3BC2-EAE1-4C35-82D9-B4D6A375FA78