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SNO-ISLE TECH 2O23 SMALL WORKS Section 00 70 00, Page 46 <br />McGRANAHAN ARCHITECTS GENERAL CONDITIONS <br />escrow, the escrow agreement shall be a standard Superintendent of Public Instruction ("SPI") <br />Format. <br />9.4 CERTIFICATES FOR PAYMENT <br />9.4.1 The Architect will, within seven (7) days after receipt of the Contractor's Application for <br />Payment, either issue to the Owner a Certificate for Payment, with a copy to the Contractor, for such <br />amount as the Architect and Owner determine is properly due, or notify the Contractor and Owner in <br />writing of the Architect's reasons for withholding certification in whole or in part as provided in <br />Subparagraph 9.5.1. <br />9.4.2 The issuance of a Certificate for Payment will constitute a representation by the Architect to the <br />Owner, based on the Architect's observations at the site and the data comprising the Application for <br />Payment, that the Work has progressed to the point indicated and that, to the best of the Architect's <br />knowledge, information and belief, quality of the Work is in accordance with the Contract Documents. <br />The foregoing representations are subject to an evaluation of the Work for conformance with the <br />Contract Documents upon Substantial Completion, to results of subsequent tests and inspections, to <br />minor deviations from the Contract Documents correctable prior to completion and to specific <br />qualifications expressed by the Architect. <br />9.5 CERTIFICATION AND PAYMENTS WITHHELD <br />9.5.1. The Architect may decide not to certify payment and may withhold a Certificate for Payment in <br />whole or in part, to the extent reasonably necessary to protect the Owner, if in the Architect's opinion <br />the representations to the Owner required by Subparagraph 9.4.2 cannot be made or if the Contractor's <br />Application for Payment does not comply with the requirements of the Contract. If the Architect is <br />unable to certify payment in the amount of the Application, the Architect will notify the Contractor and <br />Owner as provided in Subparagraph 9.4.1. If the Contractor and Architect cannot agree on a revised <br />amount, the Architect will promptly issue a Certificate for Payment for the amount for which the <br />Architect is able to make such representation to the Owner. The Owner may, with or without the <br />Architect's concurrence, withhold payment, and the Architect may also decide not to certify payment or, <br />because of subsequently discovered evidence or subsequent observations, may nullify the whole or a <br />part of a Certificate for Payment previously issued, to such extent as may be necessary in the Owner's <br />or Architect's opinion to protect the Owner from loss because of: <br />.1 Defective Work or unsatisfactory performance not remedied; <br />.2 Third party claims filed against the Owner relating to the Work or reasonable evidence indicating <br />probable filing of such claims; <br />.3 Failure of the Contractor to make payments properly to Subcontractors or for labor, materials or <br />equipment; or failure to submit affidavits pertaining to wages paid as required by the Contract <br />Documents; <br />.4 Damage to the Owner or another contractor; <br />mcg-ARC 2120.000 February 28, 2023 <br />