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its best efforts to insure that the companies which reside in Cabarrus County will have the opportunity to be awarded subcontracts for this Project. DD. Public Bids. The Construction Manager at Risk shall publicly advertise for bids from first tier subcontractors as required by N,C,Gen.Stat. ~ 143-128. 1 (c); and shall pre-qualilY and accept bids from first tier subcontractors for all Work upon the Project. The pre-qualification criteria shall be determined by the Owner and the Construction Manager at Risk to address quality, performance, the 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, including, but not limited to, the procurement by CM of a Contractor Controlled Insurance Program. EE. Plan for Bid Solicitation. Construction Manager at Risk shall submit its plan for compliance with N.C, Gen, Stat. ~ 143-128.2 for approval by the Owner prior to soliciting bids for the Project's first tier subcontractors. The Construction Manager at Risk and first tier subcontractors shall make a good faith effort to recruit and to select minority businesses for participation in contracts pursuant to the provisions ofN,C.Gen.Stat. ~ 143-128.2. FF. Pre-Oualification of Bidders. Subcontractors shall be pre-qualified bytheCM. The Owner and the CM shall determine the pre-qualification criteria. Only pre-qualified contractors are allowed to bid and contract with the CM on the Project. To the greatest extent practicable, CM shall pre-qualifY and encourage subcontractors in and around Cabarrus County, North Carolina to submit bids for various portions of the work. Consistent with the requirements of the contract documents, CM shall, in good faith, provide an opportunity for such local subcontractors to participate in the construction of the Project. 00, Self Performed Work Limited. The Construction Manager at Risk may perform a portion of the Work only ifbidding produces no responsible, responsive bidder for that portion of the Work; or the lowest responsible, responsive bidder will not execute a contract for the bid portion of the Work:, or the subcontractor defaults and a pre-qualified replacement cannot be obtained in a timely manner and the Owner approves of the Construction Manager at Risk's performance of the Work. HR. Award of Subcontracts. The Construction Manager at Risk shall act as the fiduciary of Cab anus County in handling and opening bids. The Construction Manager at Risk shall award the contract to the lowest, responsible, responsive bidder, taking into consideration quality, performance, the time specified in the bid for performance of the contract, the cost of construction oversight, time for completion, compliance with N.C.Gen.Stat. ~ 143-128.2 and other factors deemed appropriate by Cabarrus County and advertised as part of the hid solicitation. II. Dispute Resolution Reauired. When the Construction Manager at Risk awards contracts as herein provided, the mediation dispute resolution process shall be available for any issues arising out of the contract or the construction process when a single issue in dispute exceeds $14,999,00 in controversy. The cost of the mediation process shall be divided between the parties to the dispute. The contract between the Construction Manager at Risk and each subcontractor for any EE:00049951. -4- r:: -4