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Page | 42 <br />Revised 12/24 <br /> <br />43.2. The Owner reserves the right, prior to making final payment to the CMAR, to conduct a final audit <br />of the expenditures by the CMAR on the Project for assurances that the final payment to the <br />CMAR does not exceed the amounts properly payable to the CMAR for the Cost of the Work, <br />General Conditions, any special allowances, and CMAR-GMP Contingency savings. In the event <br />an audit determines that the CMAR has been paid more than it is entitled to be paid under the <br />Contract, the CMAR will refund the overpayment to the Owner. <br /> <br />43.3. The making and acceptance of final payment shall constitute a waiver of all claims by the Owner <br />except: <br /> <br />43.3.1. Claims arising from unsettled liens or claims against the CMAR. <br /> <br />43.3.2. Faulty Work or materials appearing after final payment. <br /> <br />43.3.3. Failure of the CMAR to perform the Work in accordance with drawings and <br />specifications, such failure appearing after payment. <br /> <br />43.3.4. As conditioned in the performance bond and payment bond. <br /> <br />43.4. The making and acceptance of final payment shall constitute a waiver of all claims by the CMAR <br />except those claims previously made and remaining unsettled. <br /> <br />43.5. Prior to submitting request for final payment to the Project Designer for approval, the CMAR shall <br />fully comply with all requirements specified in the “Project closeout” section of the specifications. <br />These requirements include but not limited to the following: <br /> <br />43.5.1. Submittal of Product and Operating Manuals, Warranties and Bonds, Guarantees, <br />Maintenance Agreements, As-Built Drawings, Certificates of Inspection or Approval <br />from agencies having jurisdiction. (The Project Designer must approve the Manuals prior <br />to delivery to the Owner). <br /> <br />43.5.2. Transfer of required attic stock material and all keys in an organized manner. <br /> <br />43.5.3. Record of Owner’s training. <br /> <br />43.5.4. Resolution of any final inspection discrepancies. <br /> <br />43.6. The CMAR shall forward to the Project Designer the final application for payment along with the <br />following documents: <br /> <br />43.6.1. List of minority business subcontractors and material suppliers showing breakdown of <br />contracts amount. <br /> <br />43.6.2. Affidavit of Release of Liens. <br /> <br />43.6.3. Affidavit of Subcontractors of payment to material suppliers and subcontractors. <br /> <br />43.6.4. Consent of Surety to Final Payment. <br /> <br />43.6.5. Certificates of state agencies required by state law. <br /> <br />43.7. The Project Designer will not authorize final payment until the Work under contract has been <br />certified by Project Designer, certificates of compliance issued, and the CMAR has complied with <br />the closeout requirements. The Project Designer shall forward the CMAR’s final application for <br />payment to the Owner along with respective certificate(s) of compliance required by law. <br /> <br />Docusign Envelope ID: 5A9E3BC2-EAE1-4C35-82D9-B4D6A375FA78