9001 AIRPORT RD BLDG 1 2025-10-21

SNO-ISLE TECH 2O23 SMALL WORKS Section 00 70 00, Page 23 McGRANAHAN ARCHITECTS GENERAL CONDITIONS RCW Title 51. By executing the Agreement, the Contractor recognizes and confirms that this waiver i was specifically entered into pursuant to the provisions of RCW 4.24.115 and was the subject of mutual negotiation. r 3.19.3 In addition to the amounts required by Chapter 60.28 RCW to be withheld from the progress payments to the Contractor, the Owner may, in its sole discretion, withhold amounts sufficient to pay R any property damage claim of which the Owner may have knowledge, regardless of the informalities of notice of such claim, arising out of the performance of this Contract, provided that the total amounts i withheld for such purpose shall not exceed one percent (1%) of the Contract Price. The term "property damage claim" shall not include any claim for personal injuries or any claim by persons furnishing supplies or materials or performing labor for the Contractor. The amount withheld will not be paid to the claimant by the Owner but will be held until either the Contractor secures a written release from the claimant, obtains a court decision that such claim is without merit or satisfies any judgment in favor of the claimant on such claims. 3.19.4 In claims against any person or entity indemnified under this Paragraph 3.19 by an employee of the Contractor, a Subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, the indemnification obligation under this Paragraph 3.19 shall not be limited by a limitation on amount or type of damages, compensation or benefits payable by or for the Contractor or a Subcontractor under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. 3.19.5 The obligations of the Contractor under this Paragraph 3.19 shall not extend to the liability of the Architect, the Architect's consultants, and agents and employees of any of them. ARTICLE 4 ADMINISTRATION OF THE CONTRACT 4.1 ARCHITECT 4.1.1 The Architect is the person lawfully licensed to practice architecture or an entity lawfully n practicing architecture identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. The term "Architect" means the Architect or the Architect's authorized representative. 4.2 ARCHITECT'S ASSISTANCE IN ADMINISTRATION OF THE CONTRACT 4.2.1 The Architect will assist the Owner in administration of the Contract as described in the Contract Documents, and may, as specifically authorized by the Owner, serve as the Owner's representative (1) during construction, (2) until final payment is due and (3) from time to time during the correction period described in Paragraph 12.2. The Architect will advise and consult with the Owner. The Architect may have authority to act on behalf of the Owner only to the extent provided in the Contract Documents or the agreement between the Owner and the Architect, unless otherwise modified by written instrument in accordance with other provisions of the Contract Documents. The Authority of the Architect is separate from that of the Owner's Representative. mcg-ARC 2120.000 February 28, 2023