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December 21, 2009 (Regular Meeting) Page 173 4 bid process requires a staggered bid opening process under which bids from separate-prime contractors are received but not opened one (1) hour before the single-prime bids are received, at which time both sets of bids are opened. 4. Construction Management at Risk Under the construction management (CM) at risk system, the CM (1) provides construction management services for a project throughout the pre-construction and construction phases, (2) is a licensed general contractor, and (3) guarantees the cost of the project. Services may include preparation and coordination of bid packages, scheduling, cost control, value engineering, bid evaluation and construction administration. A key aspect of the CM at risk system generally is that the CM selects and contracts directly with the subcontractors. The County awards one (1) direct contract with the CM. Construction Management at Risk services must be procured using the qualification-based (Request for Qualifications) selection procedures required for architects, engineers and surveyors. 5. Alternate Contracting Methods The State Building Commission may authorize methods of contracting not generally authorized under the Statutes. Applications for project specific approval requires majority vote of commission members present and voting. Justification that the alternative contracting method is necessary must be demonstrated to the commission. Legal Requirements Contracts for the erection, construction, alteration or repair of a building or buildings must be entered into in accordance with the following procedures: 1. Public Advertisement An advertisement inviting proposals must be placed at least seven (7) full days before the time specified for the opening of proposals on the Cabarrus County website. Advertisements must contain: - The time and place specifications will be available; - The time and place bids will be opened; and, - A statement reserving the right to reject any or all bids. 2. Bids must be submitted in a sealed opaque envelope or package to ensure prices and terms will not be disclosed. 3. Three (3) bids must be received in order to award a contract. If less than three (3) bids are received, the project must be advertised again. The original bids received are not opened and returned to the bidders (unless bidder authorizes the agent to hold sealed bid for new opening date/time). If separate-prime bids are received, a complete set (one of each branch) counts as one (1) bid. 4. Bids must be accompanied by a five percent (50) bid deposit or bid bond. 5. Bids must be opened in public at the time and place specified in the advertisement. 6. The governing board must award the contract at a regularly scheduled meeting. 7. If awarded, a written contract must be executed. 8. The contractor must provide performance and payment bonds for 100 percent (100%) of the contract amount before any work begins (for each contract exceeding $50,000). 9. Minority Business Participation Requirements - The law requires the County and the contractors to make a good faith effort to use minority businesses in construction or repair projects. The statutes list ten (10) activities from which bidders may choose in carrying out their obligations and each activity is assigned points. All bidders must identify on their bids the minority businesses that they will use on the project and the total dollar value of the bid that will be performed by minority businesses. They must also include an affidavit listing the good faith efforts they have made. After bids are received, the apparent lowest bidder