Agenda - 12-11-2007-4lxtr - Laserfiche WebLink

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shown at that time to be incomplete or detective. Within thirty {30} days of receipt of any deficiency list, the Contractor shall complete and correct a!I items on That list a€ong with alt other Work required to achieve Finial Completion of the Work, At any time prior to completion of the period of warranty, the CMAR may submit to the Contractor suppiementat deficiency fist's, in which case the Contractor shall complete or correct any and all new items identified on the supplemental deficiency fists within the time period stipulated in paragraph 18.3 of these General Conditions. 21.3 The making and acceptance of Final Payment shalt constitute a waiver of alt claims by the CMAR except: a} Claims arising from unsettled liens or claims against the Contractor. b} Defective Work or materials appearing after Ftna1 Payment. c} Failure of the Contractor to perform the Work in accordance with the Contract Documents. d) As conditioned in the Performance l3ond. e} Claims made prior to Final Payment which remain unsettled. f) Amounks due arising under Articles 18 and 28 of these General Gonditions. g} Claims for recovery of overpayment based upon incorrect "rr-easurement, estimate, or certificate. 2i.~t The making and acceptance of Ffnal Payment shah constitute a waiver of all claims by the Contractor except those claims previously made in writing pursuant to paragraph 15.2 of these General Conditions and not finally resolved. 21.5 The CMAR shalt not be required to make Final Payment unless and unlit (i} the Designer has certifed based an the Designer's observations and information' that all of the Wark by the Contractor under the Gan#ract Documents has been completed in accordance with the Contract Documents, and (ii) the Work by the Contractor has been approved by alt federal, state and total agencies having jurisdiction. 21.6. The final Request.for Payment shall be identified on its face as such and shat[ be presented by the Contractor to the CMAR within thirty (30).days of completion of the Work. Final payment of the retained amount due the Contractor. shalt be made by the CMAR within thirty (30} days after the later of (i) full and Final Completion of a1! Work required of the Contractor by the Contract Documents, and certification of such Work In accordance with paragraph 21.5; (ii} submission of the affidavits and other documentation required by Article 22; {Iii} submission by the Contractor of a Request for Payment identified an its face as final. AI~TtCLE 22. CONTRACTOR, SUBCONTRACTOR AND St.tPPLIER AF>~IDAVfT 22.1 The Final Payment due the Contractor on account of the Contract Documents shall not become due until the Contractor has furnished to the CMAR: (A} an affidavit by the Contractor signed, sworn, and notarized to the effect that all payments for materials, services, ar for any other reason in cannecttan with the Work or performance of the Contract Documents have been satisfied and that no claims or liens exist against the Contractor in connection with the same; {B} aff<davitsfrom each Subcontractor and supplier signed, sworn, and notarized to the effect that ('t} each such Subcontractor or supplier has been paid in toil by the Contractor for alt W ork performed and/or materials suppl€ed by €t in GENERAL COPlDiTlONS FOR CM AT RISK PROJECT 37 of 42 JUNE 2Q07 ED1TtON