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E. Self Performed Work Limited -The Construction Manager at Risk may <br />perform a portion of the Work only if bidding produces no responsible, responsive <br />bidder for that portion of the Work or the lowest responsible, responsive bidder will not <br />execute a contract for the bid portion of the Work, or the Subcontractor defaults and a <br />pre-qualified replacement cannot be obtained in a timely manner and the Owner <br />approves of the Construction Manager at Risk's performance of the Work. <br />F. Award of Subcontracts -The Construction Manager at Risk shall act as the <br />fiduciary of Cabarrus County in handling and opening bids. The Construction Manager at <br />Risk shall award the contract to the lowest, responsible, responsive bidder, taking into <br />consideration quality, performance, the time specified in the bid for performance of the <br />contract, the cost of construction oversight, time for completion, compliance with N.C. <br />Gen. Stat. § 143-128.2 and other factors deemed appropriate by Cabarrus County and <br />advertised as part of the bid solicitation. <br />G. Dispute Resolution Required -When the Construction Manager at Risk <br />awards contracts as herein provided, the mediation dispute resolution process shall be <br />available for any issues arising out of the contract or the construction process when a <br />single issue in dispute exceeds $14,999.00 in controversy. The cost of the mediation <br />process shall be divided between the parties to the dispute. The contract between the <br />Construction Manager at Risk and each Subcontractor for any portion of the Work shall <br />contain a provision that the mediation of disputes involving a single issue in excess of <br />$14,999.00 is and shall be a precondition to the filing of a lawsuit. <br />H. Duty to Provide Schedules -The Construction Manager at Risk shall furnish <br />to the Owner various schedules as are required in the Contract Documents setting forth <br />planned progress of the Project broken down by various portions of the Work and by <br />calendar days. <br />ARTICLE 4 -OWNER'S RESPONSIBILITIES <br />A. Full Information to be Provided -The Owner shall provide full information in <br />a timely manner regarding the requirements of the Project including the Owner's <br />objectives, constraints and criteria, including space requirements and relationships, <br />flexibility and expandability requirements, special equipment and system and site <br />requirements. <br />B. Bu -The Owner shall establish and update an overall budget for the <br />Project, based on consultations with the Construction Manager at Risk and the Architect. <br />C. Designation of Owner's Agent -The Owner shall designate in writing a <br />representative who shall have express authority to bind the Owner with respect to all <br />matters requiring the Owner's approval or authorization. The representative shall have <br />the authority to make decisions on behalf of the Owner and shall render such decision <br />7 <br />F-4 <br />Attachment number 1 <br />Page 153 of 627 <br />