Orange County NC Website
Page 14 of 53 <br />5-2-25 <br /> <br />approval, the CMAR shall participate in seeking proposals for separate contracts as required for <br />testing and special testing necessary for the Project and recommending selection to the Designer <br />and Owner, and the execution of contracts. The cost of independent testing agent(s) is not included <br />in CMAR’s GMP. <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 /> <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 /> <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 five percent (5 %) MBE, and five percent <br />(5 %) WBE. Percentages include all tiers of subcontractors in accordance with local and state laws <br />and regulations. <br /> <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 /> <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 /> <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 /> <br />Docusign Envelope ID: 5A9E3BC2-EAE1-4C35-82D9-B4D6A375FA78