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27 <br /> Orange County, NC I CONSTRUCTION MANAGER AT RISK CONTRACT I CONFIDENTIAL DRAFT <br /> further obligation on the part of the County. This paragraph is not intended to limit and does not limit the <br /> definition of breach to discrimination. By executing this Agreement CMAR affirms that CMAR and any <br /> subcontractors of CMAR are and shall remain in compliance with Article 2 of Chapter 64 of the North <br /> Carolina General Statutes. By executing this Agreement CMAR certifies that CMAR has not been identified, <br /> and has not utilized the services of any agent or subcontractor identified, on the list created by the State <br /> Treasurer pursuant to G.S. 147-86.58. By executing this Agreement CMAR certifies that CMAR has not <br /> been identified, and has not utilized the services of any agent or subcontractor identified, on the list created <br /> by the State Treasurer pursuant to G.S. 147-86.81. <br /> 24.9 Federal Requirements. If this Contract is funded in whole or in part with federal funds,the CMAR shall <br /> comply with all applicable federal requirements, including Davis-Bacon Act prevailing wages, Contract Work <br /> Hours and Safety Standards Act, Copeland Anti-Kickback Act, Buy America provisions, applicable civil <br /> rights requirements (Title VI, Section 504, ADA Title 11), and all federal agency-specific requirements <br /> identified in the applicable federal grant or award. <br /> ARTICLE 25: MWBE/DBE PARTICIPATION <br /> 25.1 The CMAR shall comply with the Owner's MWBE policy and all applicable state and federal <br /> MWBE/DBE requirements. The stated participation goals for this Contract are: MBE: %; WBE: %. <br /> 25.2 The CMAR shall document good faith efforts to meet MWBE goals at each stage of subcontractor <br /> bidding and award. Good faith efforts include: advertising in publications targeting MWBE businesses; <br /> conducting outreach meetings; providing MWBE firms with adequate information to bid; negotiating in good <br /> faith; and assisting MWBE firms with bonding and insurance requirements. <br /> 25.3 The CMAR shall submit MWBE utilization reports with each monthly pay application and quarterly <br /> reports to the Owner for submission to the North Carolina Department of Administration within ten (10)days <br /> after the end of each calendar quarter. <br /> 25.4 The CMAR shall not terminate or substitute a MWBE firm listed in its proposal without the Owner's <br /> prior written consent. Requests for substitution shall include documentation of good cause and evidence of <br /> good faith efforts to find a replacement MWBE firm. <br /> 25.5 For federally funded portions of the Project,the CMAR shall comply with the requirements of 49 C.F.R. <br /> Part 26, as amended, including the October 3, 2025 Interim Final Rule requiring individualized <br /> demonstration of social and economic disadvantage without regard to race or sex. The CMAR shall verify <br /> current DBE certification status with the NC Unified Certification Program before executing subcontracts <br /> with DBE firms. <br /> ARTICLE 26: CONCEALED AND UNKNOWN CONDITIONS <br /> 26.1 Notice of Concealed Conditions. If the CMAR encounters conditions at the site that are: (a)subsurface <br /> or otherwise concealed physical conditions that differ materially from those indicated in the Contract <br /> Documents; or (b) unknown physical conditions of an unusual nature that differ materially from those <br /> ordinarily found to exist and generally recognized as inherent in construction activities of the character <br /> provided for in the Contract Documents, the CMAR shall promptly provide written notice to the Owner and <br /> the Project Designer before conditions are disturbed, and in no event later than twenty-one (21) days after <br /> first observance of the conditions. Failure to provide timely written notice constitutes a waiver of any claim <br /> arising from such conditions. <br /> 26.2 Notice Requirements. The CMAR's written notice shall include: (a) the location of the condition with <br /> reference to applicable drawings or specifications; (b) a description of the condition as observed and how <br /> it differs from what was indicated or anticipated; (c)the CMAR's initial estimate of the cost and time impact; <br /> and (d) any photographs, test results, or other documentation available. The CMAR shall preserve all <br /> evidence of the condition pending investigation. <br /> Page 24 of 35 <br />