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Agenda - 02-19-2008-4j1
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Agenda - 02-19-2008-4j1
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9/2/2008 8:47:06 AM
Creation date
8/28/2008 9:43:09 AM
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BOCC
Date
2/19/2008
Document Type
Agenda
Agenda Item
4j1
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Minutes - 20080219
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\Board of County Commissioners\Minutes - Approved\2000's\2008
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shown at that time to be incomplete or defective. Within thirty (30) days of receipt of any <br />deficiency list, the Contractor shall complete and correct all items on that list along with all <br />other Work required to achieve Final Completion of the Work. At any time prior to <br />completion of the period of warranty, the CMAR may submit to the Contractor supplemental <br />deficiency lists, in which case the Contractor shall complete or correct any and all new <br />items identified on the supplemental deficiency lists within the time period stipulated in <br />paragraph 18.3 of these General Conditions. <br />21.3 The making and acceptance of Final Payment shall constitute a waiver of all claims by the <br />CMAR except: <br />a) Claims arising from unsettled liens or claims against the Contractor. <br />b) Defective Work or materials appearing after Final Payment. <br />C) Failure of the Contractor to perform the Work in accordance with the Contract <br />Documents. <br />d) As conditioned in the Performance Bond. <br />e) Claims made prior to Final Payment which remain unsettled. <br />D Amounts due arising under Articles 18 and 28 of these General Conditions. <br />g) Claims for recovery of overpayment based upon incorrect measurement, estimate, <br />or certificate. <br />21.4 The making and acceptance of Final Payment shall constitute a waiver of all claims by the <br />Contractor except those claims previously made in writing pursuant to paragraph 15.2 of <br />these General Conditions and not finally resolved. <br />21.5 The CMAR shall not be required to make Final Payment unless and until (i) the Designer <br />has certified based on the Designer's observations and information that all of the Work by <br />the Contractor under the Contract Documents has been completed in accordance with the <br />Contract Documents, and (ii) the Work by the Contractor has been approved by all federal, <br />state and local agencies having jurisdiction. <br />21.6 The final Request for Payment shall be identified on its face as such and shall be <br />presented. by the Contractor to the CMAR within thirty (30) days of completion of the Work. <br />Final payment of the retained amount due the Contractor shall be made by the CMAR <br />within thirty (30) days after the later of (i) full and Final Completion of all Work required of <br />the Contractor by the Contract Documents, and certification of such Work in accordance <br />with paragraph 21.5; (ii) submission of the affidavits and other documentation required by <br />Article 22; (iii) submission by the Contractor of a Request for Payment identified on its face <br />as final. <br />ARTICLE 22. CONTRACTOR, SUBCONTRACTOR AND SUPPLIER AFFIDAVIT <br />22.1 The Final Payment due the Contractor on account of the Contract Documents shall not <br />become due until the Contractor has furnished to the CMAR: (A) an affidavit by the <br />Contractor signed, sworn, and notarized to the effect that all payments for materials, <br />services, or for any. other reason in connection with the Work or performance of the <br />Contract Documents have been satisfied and that no claims or liens exist against the <br />Contractor in connection with the same; (B) affidavits from each Subcontractor and supplier <br />signed, sworn, and notarized to the effect that (i) each such Subcontractor or supplier has <br />been paid in full by the Contractor for all Work performed and/or materials supplied by it in <br />GENERAL CONDITIONS FOR CM AT RISK PROJECT 37 of 42 JUNE 2007 EDITION
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