S Purchasing - Construction Manager at Risk Services for Emergency Services Facility

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connection with the Project, and (ii) that all payments for materials, services, and for any other reason in connection with the subcontract or supply contract have been satisfied and that no claims or liens exist against the Subcontractor or supplier in connection therewith; and (C) the written consent of the Contractor's sureties to f=inal Payment. In the event that the Contractor cannot obtain an affidavit, as required above, from any Subcontractor or supplier, the Contractor shall state in the Contractor's affidavit that no claims of liens exist against such Subcontractor or supplier #o the best of the Contractor's knowledge, and that if any appear afterwards, the Contractor shall indemnify and save the CMAR and the Owner harmless for al! costs and expenses, including attorney's fees, on account thereof. ARTICLE 23. ASSIGNMENTS AND SUBCONTRACTS 23.1 The Contractor shat! not assign any portion of this Agreement nor subcon#ract the Work in its entirety without the prior written consent of the CMAR. Except as may be required under terms of the bonds required by khe Contract Documents, no funds or sums of money due or to become due to the Contractor under the Contract Documents may be assigned. ARTICLE 24. MEASUREMENTS 24.1 Before ordering material or doing Work which is dependent for proper size or installation upon coordination with building conditions, the Contractor shall verify all dimensions and shall be responsible for the correctness of same. No consideration will be given for any claim based on differences between the actual dimensions and those indicated in the Contract Documents. Any discrepancies between the Contract Documents and the existing conditions shall be referred fo the Designer by the CMAR for adjustment before any Work affected thereby is begun. ARTICLE 25. CONTRACTOR AND SUBCONTRACTOR RELATEONSNIPS 25.1 Within thirty (3d) days after initial receipt of the Construction Agreement by the Contractor for signatures, the Contractor shall submit to the CMAR for acceptance a current list of the names of Subcontractors and such other persons and organizations (including those who are to furnish materials or equipment fabricated to a special design) .proposed for any and ail portions of the Work. The Gontractor shall provide this fist at this time even if the Contractor was required to submit a fist of proposed Subcontractors with the Contractor s bid. The CMAR shall promptly reply to the Contractor in writing stating whether or not the CMAR, after due investigation, has objection to any such proposed person or entity or if tt needs additional information to evaluate the .persons or entities on the fist. Failure of the CMAR to reply within ten (1l}) days after the Contractor has furnished alt required information shall constitute notice of no objection. The Contractor sha11 nat contract with any such proposed person or entity to which the CMAR has made reasonable objection. If the CMAR has reasonable objection to any such proposed person or entity, the Contractor shall submit a substitute to whom the CMAR has no reasonable objection. The Contractor shat! make no substitution for any Subcontractor, person, or entity previously allowed without first notifying the CMAR in writing and no substitution may be made if the CMAR makes a reasonable objection to such substitution. 25.2 The Contractor agrees that the terms of the Contract Documents, including all portions thereof, shaft apply to all Subcontractors as if they were the Contractor, .and that the Subcontractors shall, by means of their subcontracts, be bound by all the terms of the Contract Documents. 25.3 Payments to Subcontractors by the Contractor shall be made in accordance with the provisions of N.C. Gen. Stat. §143-134.1. GENERAL CONDITIONS FOR CM AT RISK PROJECT 38 of 42 JUNE 2()07 EDITION