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Page 42 of 53 <br />5-2-25 <br />43.3.4. As conditioned in the performance bond and payment bond. <br />43.4. The making and acceptance of final payment shall constitute a waiver of all claims for payment by <br />the CMAR except those claims previously made and remaining unsettled. <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 />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 />43.5.2. Transfer of required attic stock material and all keys in an organized manner. <br />43.5.3. Record of Owner’s training. <br />43.5.4. Resolution of any final inspection discrepancies. <br />43.6. The CMAR shall forward to the Project Designer the final application for payment along with the <br />following documents: <br />43.6.1. List of minority business subcontractors and material suppliers showing breakdown of <br />contracts amount. <br />43.6.2. Affidavit of Release of Liens. <br />43.6.3. Affidavit of Subcontractors of payment to material suppliers and subcontractors. <br />43.6.4. Consent of Surety to Final Payment. <br />43.6.5. Certificates of state agencies required by state law. <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 />44.CONTRACTOR’S AFFIDAVIT <br />44.1. The final payment of retained amounts due the CMAR on account of the Contract shall not become <br />due until the CMAR has furnished to the Owner through the Project Designer an affidavit signed, <br />sworn and notarized to the effect that all payments for materials, services or contracted Work to <br />Subcontractors in connection with this Contract have been satisfied, and that no claims or liens <br />exist against the CMAR in connection with this Contract. In the event that the CMAR cannot <br />obtain similar affidavits from Subcontractors to protect the CMAR and the Owner from possible <br />liens or claims against the CMAR, the CMAR shall state in its affidavit that no claims or liens exist <br />against any Subcontractor to the best of its (the CMAR’s) knowledge, and if any appear afterward, <br />the CMAR shall save the Owner harmless from all claims by any Subcontractor or other claimant <br />for payment or any other compensation for Work on the Project. <br />Docusign Envelope ID: 5A9E3BC2-EAE1-4C35-82D9-B4D6A375FA78