Agenda -11-06-2008 - 4p - Laserfiche WebLink

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shown at that time to be incomplete or defective. Within thirty (30) days of receipt -of any deficiency list the Contractor shall complete and correct all items on that list along with all other Work required to achieve Final Completion of the Work. At -any time prior to completion of the period of warranty, the CMAR may submit to the Contractor supplemental deficiency lists, in which case the Contractor shall complete or correct any and all new items identified on the supplemental deficiency lists within the time period stipulated in paragraph 18.3 of these General Conditions. 21.3 The making and acceptance of Final Payment shall constitute a waiver of all claims by the CMAR except; a) Claims arising from unsettled liens or claims against the Contractor. b) Defective Work or materials appearing after Final Payment. c) Failure of the Contractor to perform the Work in accordance with ' the Contract Documents. d) As conditioned In the Performance Bond. e) Claims made prior to Final Payment which remain unsettled. f) Amounts due arising under Articles 18 and 28 of these General Conditions. g) Claims for recovery of overpayment based upon incorrect measurement, estimate, or certificate. 21.4 The making and acceptance of Final Payment shall 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 -shall not be required to make Final Payment unless and until (1) 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 CMAR within thirty (30) days of completion of the Work. Final payment of the retained amount due the Contractor shall be made by the CMAR 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; (ill) submission by the Contractor of a Request for 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 CMAR: (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 GENERAL CONDITIONS FOR CM AT RISK PROJECT 37 of 42 JUNE 2007 EDITION