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10 . 10 . 12 . CMAR: Provisions which establish appropriate incentives and remedial measures for enforcing the contract requirements during construction . 10 . 10 . 13 . CMAR: Retention of five percent (5 %) retainage shall be withheld, provided however, that after fifty percent (50%) of the contractor ' s work has been satisfactorily completed on schedule, with approval of the owner and the Designer and written consent of the surety , further requirements for retainage will be waived only so long as work continues to be completed satisfactorily and on schedule . Deductions shall be allowed by the Owner from the amount of final payment to reimburse any funds expended for repair of warranty items due to failure of the CMAR to achieve such repairs in a timely manner (48 hours for life\safety and 15 working days for all other items) . 10 . 10 . 14 . Designer : provide a Listing of all Construction Documents , 10 . 10 . 15 . CMAR: The Subcontractors shall be required to perform corrections to their Work and fulfill all Project closeout requirements in a timely manner . 10 . 10 . 16 . CMAR: The CMAR shall require Subcontractors to organize their Work, and incorporate scheduling by the CMAR in accordance with the Owner ' s requirements . 10 . 10 . 17 . CMAR: No retention shall be withheld on the CMAR' s General Conditions Allowance expenditures . I I . BUSINESS PARTICIPATION GOALS AND STANDARDS 11 . 1 . The CMAR shall identify subcontract packages that will be selected from the local contracting community . 11 . 2 . Orange County requires documentation of good faith efforts for meeting established MWBE goals . 11 . 3 . The Subcontractor and CMAR shall comply in all respects with the Owner ' s MWBE policies, rules and regulations . The stated goals for this contract are percent ( %) MBE , and percent ( %) WBE . Percentages include all tiers of subcontractors in accordance with local and state laws and regulations . i 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 . The CMAR shall not discriminate against any employee, applicant for employment, contractor, or subcontractor with regard to race, ethnicity , biometric information , gender, gender identity , color, religion, sex , national origin, or veteran status . The CMAR agrees not to discriminate against any position for which the employee or applicant is qualified . The CMAR agrees to take affirmative action to employ, advance in employment, and otherwise treat qualified disabled individuals without discrimination based upon their physical or mental disability in all employment practices . 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 Page 14 of 52 Revised 12/24, 4/25 � i i I I E