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SNO-ISLE TECH 2O23 SMALL WORKS Section 00 70 00, Page 44 <br />McGRANAHAN ARCHITECTS GENERAL CONDITIONS <br />been paid in accordance with the pre -filed statement(s) of intent to pay prevailing wages on file with the <br />Owner and that all payments due Subcontractors and Suppliers of any tier from the Owner's payment <br />the prior month have been made. THE SUBMISSION OF THIS APPLICATION CONSTITUTES A <br />CERTIFICATION THAT THE WORK IS CURRENT ON THE CONTRACTOR'S CONSTRUCTION _. <br />SCHEDULE, unless otherwise noted on the application. <br />.5 If the Contractor believes it is entitled to payment for Work performed during the prior calendar <br />month in addition to the agreed -upon amount, the Contractor may, within the same five-day time period, <br />submit to the Owner and the Architect a separate written payment request specifying the exact additional <br />amount due, the category in the Schedule of Values in which the payment is due, the specific Work for <br />which the additional amount is due, and why the additional payment is due. Furthermore, the Contractor <br />and all Subcontractors shall file with the Owner within the five-day time period certified copies of all, <br />payroll records relating to the additional amount due. <br />.6 A payment request shall not be valid unless it complies with the requirements of the Contract <br />Documents. If a separate payment request concerning a disputed amount does not comply with the <br />requirements of the Contract, the Owner will provide a written statement to the Contractor. <br />9.3.2 If Architect has received the Contractor's Application for Payment in a timely manner, Architect <br />will issue to Owner a Certificate for Payment, with a copy to Contractor, for such amount as Architect <br />and Owner determine is properly due against the pending application for payment. Owner shall make a <br />progress payment to Contractor, in accordance with paragraph 9.6.1. <br />9.3.3 Unless otherwise provided in the Contract Documents, payments shall be made on account of <br />materials and equipment delivered and suitably stored at the site for subsequent incorporation in the <br />Work. If approved in advance by the Owner, payment may similarly be made for materials and <br />equipment suitably stored off the site at an insured and secure location agreed upon in writing. Payment <br />for materials and equipment stored on or off the site shall be conditioned upon compliance by the <br />Contractor with procedures satisfactory to the Owner to establish the Owner's title to such materials and <br />equipment or otherwise protect the Owner's interest, and shall include applicable insurance, storage and <br />transportation to the site for such materials and equipment stored off the site. <br />9.3.4 The Contractor warrants that title to all Work covered by an Application for Payment will pass <br />to the Owner no later than the time of payment. The Contractor further warrants that upon submittal of <br />an Application for Payment all Work for which Certificates for Payment have been previously issued <br />and payments received from the Owner shall, to the best of the Contractor's knowledge, information and <br />belief, be free and clear of liens, claims, security interests or encumbrances in favor of the Contractor, <br />Subcontractors, material suppliers, or other persons or entities making a claim by reason of having <br />provided labor, materials or equipment relating to the Work. <br />9.3.5 Owner shall retain from any amount otherwise earned by Contractor hereunder a sum equal to <br />five percent (5%) of the amount earned by Contractor in accordance with RCW Chapter 60.28. If the <br />Contractor elects to submit a retainage bond on behalf of itself or one or more of its Subcontractors in <br />accordance with Chapter 60.28 RCW, each such bond must be issued on a form acceptable to Owner by <br />a surety licensed to do business in the state where the Work is located with an A.M. Best rating of A -/IX <br />or better on behalf of Contractor or A-/V on behalf of a Subcontractor. Contractor is responsible for <br />mcg-ARC 2120.000 February 28, 2023 <br />