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17 <br /> 10.10.12. CMAR:Provisions which establish appropriate incentives and remedial measures for <br /> enforcing the contract requirements during construction. <br /> 10.10.13. CMAR:Retention of five percent(5%)retainage shall be withheld,provided however, <br /> that after fifty percent(50%)of the contractor's work has been satisfactorily completed on <br /> schedule,with approval of the owner and the Designer and written consent of the surety, <br /> further requirements for retainage will be waived only so long as work continues to be <br /> completed satisfactorily and on schedule.Deductions shall be allowed by the Owner from the <br /> amount of final payment to reimburse any funds expended for repair of warranty items due to <br /> failure of the CMAR to achieve such repairs in a timely manner(48 hours for life\safety and 15 <br /> working days for all other items). <br /> 10.10.14.Designer:provide a Listing of all Construction Documents. <br /> 10.10.15. CMAR: The Subcontractors shall be required to perform corrections to their Work and <br /> fulfill all Project closeout requirements in a timely manner. <br /> 10.10.16. CMAR: The CMAR shall require Subcontractors to organize their Work,and incorporate <br /> scheduling by the CMAR in accordance with the Owner's requirements. <br /> 10.10.17. CMAR:No retention shall be withheld on the CMAR's General Conditions Allowance <br /> expenditures. <br /> 11.BUSINESS PARTICIPATION GOALS AND STANDARDS <br /> 11.1. The CMAR shall identify subcontract packages that will be selected from the local contracting <br /> community. <br /> 11.2. Orange County requires documentation of good faith efforts for meeting established MWBE goals. <br /> 11.3. The Subcontractor and CMAR shall comply in all respects with the Owner's MWBE policies,rules <br /> and regulations. The stated goals for this contract are percent ( %) MBE, and <br /> percent ( %) WBE. Percentages include all tiers of subcontractors in accordance with <br /> local and state laws and regulations. <br /> 11.4. The CMAR shall report all information required by local and state law and regulations to the <br /> Owner within ten (10 days) after the end of the quarter(March 31,June 30, September 30 and <br /> December 31) the GMP package is completed, which in turn will submit to the North Carolina <br /> Department of Administration,office of Historically Underutilized Businesses. <br /> 11.5. To increase participation, if necessary, the CMAR may, with the written approval of the Owner's <br /> Representative, waive performance or payment bonds by Subcontractors, or may offer the <br /> participation of the CMAR as a guarantor or surety in the financing of materials purchases by <br /> Subcontractors, provided that the CMAR may condition such financing participation upon the <br /> issuance of joint checks or other similar arrangements to allow the CMAR to verify that timely <br /> payments are made to suppliers furnishing credit. <br /> 11.6. The CMAR shall not discriminate against any employee, applicant for employment, contractor, or <br /> subcontractor with regard to race, ethnicity, biometric information, gender, gender identity, color, <br /> religion, sex, national origin, or veteran status. The CMAR agrees not to discriminate against any <br /> position for which the employee or applicant is qualified. The CMAR agrees to take affirmative <br /> action to employ, advance in employment, and otherwise treat qualified disabled individuals <br /> without discrimination based upon their physical or mental disability in all employment practices. <br /> 12.CONSTRUCTION MANAGER AND SUBCONTRACTOR RELATIONSHIPS <br /> 12.1. The CMAR agrees that the requirements of these Contract Documents shall apply equally to each <br /> Subcontractor as to the CMAR, and the CMAR agrees to take such action as may be necessary to <br /> bind each Subcontractor to these requirements. The CMAR further agrees to conform to the Code <br /> Page 14 of 52 <br /> Revised 12/24,4/25 <br />