2018-325-E AMS - Bordeaux Construction Co. Northern Campus construction

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DocuSign Envelope ID: 04E136D1 -507C- 4219- BF16- 446F8D2192F8 11.4. The CMAR shall report all information required by local and state law and regulations to the Owner within ten (10 days) after the end of the quarter ( March 31, June 30, September 30 and December 31) the GMP package is completed, which in turn will submit to the North Carolina Department of Administration, office of Historically Underutilized Businesses. 11.5. To increase participation, if necessary, the CMAR may, with the written approval of the Owner's Representative, waive performance or payment bonds by Subcontractors, or may offer the participation of the CMAR as a guarantor or surety in the financing of materials purchases by Subcontractors, provided that the CMAR may condition such financing participation upon the issuance of joint checks or other similar arrangements to allow the CMAR to verify that timely payments are made to suppliers furnishing credit. 11.6. CMAR shall at all times during the term of this Contract remain in compliance with all applicable local, state, and federal laws, rules, and regulations including but not limited to all state and federal non - discrimination laws, policies, rules, and regulations and the Orange County Non - Discrimination Policy and Orange County Living Wage Policy (each policy is incorporated herein by reference and may be viewed at http: / /www.oran ecountync. og v/departments /purchasing division/contracts.php). Any violation of the Orange County Non - Discrimination Policy is a breach of this Contract and County may immediately terminate this Contract without further obligation on the part of the County. This paragraph is not intended to limit and does not limit the definition of breach to discrimination. 12. CONSTRUCTION MANAGER AND SUBCONTRACTOR RELATIONSHIPS 12.1. The CMAR agrees that the requirements of these Contract Documents shall apply equally to each Subcontractor as to the CMAR, and the CMAR agrees to take such action as may be necessary to bind each Subcontractor to these requirements. The CMAR further agrees to conform to the Code of Ethical Conduct as adopted by the Associated General Contractors of America, Inc., with respect to CMAR - Subcontractor relationships, and that payments to Subcontractors shall be made in accordance with the provisions of G.S. 143 -134.1 providing for interest on final payments due to prime Subcontractors and sub - subcontractors. 12.2. Within seven (7) days after the CMAR receives each periodic or final payment and its bank makes the funds available after deposit, the CMAR shall pay each Subcontractor based on Work completed or service provided under the Contract. Should any periodic or final payment to a Subcontractor be delayed by more than seven days after receipt of periodic or final payment by the CMAR, the CMAR shall pay the Subcontractor interest, beginning on the eighth day, at the rate of one percent (1 %) per month or fraction thereof on such unpaid balance as may be due, provided the Subcontractor has conformed to the specified billing procedures and insurance requirements. 12.3. The retainage withheld from payments made by the CMAR to the Subcontractor shall not exceed the retainage reflected in the CMAR payment applications and payments made by the Owner to the CMAR. Any retainage on payments made by the CMAR to the Subcontractor that exceeds the corresponding retainage on payments made by the Owner to the CMAR shall be subject to interest to be paid by the CMAR to the Subcontractor at the rate of one percent (1 %) per month or fraction thereof. 12.4. Nothing in this section shall prevent the CMAR at the time of application and certification to the Owner from withholding application and certification to the Owner for payment to a Subcontractor for unsatisfactory job progress; defective construction not remedied; disputed Work; third -party claims filed or reasonable evidence that claim will be filed; failure of Subcontractor to make timely payments for labor, equipment and materials; damage to CMAR or another Subcontractor; reasonable evidence that the contract cannot be completed for the unpaid balance of the contract sum; or a reasonable amount for retainage not to exceed the initial percentage retained by Owner. Page 15 of 53 Revised 10/17