Agenda - 06-26-2007-4dd - Laserfiche WebLink

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21.5 The CM shall not be required to make Final Payment unless and until (i) the Designer has certified based on the Designer's observations and information that all of the Work by the Contractor under the Contract Documents has been completed in accordance with the Contract Documents, and (ii) the Work by the Contractor has been approved by all federal, state and local agencies having jurisdiction. 21.6 The final Request for Payment shall be identified on its face as such and shall be presented by the Contractor to the CM within thirty (30} days of completion of the Work. Final payment of the retained amount due the Contractor shall be made by the CM within thirty (30) days after the later of (i) full and Final Completion of all 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 far Payment identified on its face as final. ARTICLE 22. CONTRACTOR, SUBCONTRACTOR AND SUPPLIER AFFIDAVIT 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 CM (A} an affidavit by the Contractor signed, sworn, and notarized to the effect that all payments for materials, services, or for any other reason in connection 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} affidavits from each Subcontractor and supplier signed, sworn, and notarized to the effect that (i) each such Subcontractor or supplier has been paid in full by the Contractor for all Work performed and/or materials supplied by it in 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 Final 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 or liens exist against such Subcontractor or supplier to the best of the Contractor's knowledge, and that if any appear aften~vards, the Contractor shall indemnify and save the CM and the Owner harmless for all costs and expenses, including attorney's fees, on account thereof. ARTICLE 23. ASSIGNMENTS AND SUBCONTRACTS 23.1 The Contractor shall not assign any portion of this Agreement nor subcontract the Work in its entirety without the prior written consent of the CM. Except as may be required under terms of the bonds required by the 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 to the Designer by the CM for adjustment before any Work affected thereby is begun. ARTICLE 25. CONTRACTOR AND SUBCONTRACTOR RELATIONSHIPS GENERAL CONDITIONS FOR CM AT RISK PROJECT 38 of 43 JUNE 2007 EDITION