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SNO-ISLE TECH 2O23 SMALL WORKS <br />McGRANAHAN ARCHITECTS <br />Section 00 70 00, Page 47 <br />GENERAL CONDITIONS <br />.5 Reasonable evidence that the Work will not be completed within the Contract Time, and that the <br />unpaid balance would not be adequate to cover liquidated damages for the anticipated delay; <br />.6 Failure to carry out the Work in accordance with the Contract Documents; <br />.7 If Owner or Architect, in its good faith judgment, determines that the portion of the Contract Sum <br />then remaining unpaid will not be sufficient to complete the Work in accordance with the Contract <br />Documents, then the Owner shall make no additional payments and none will become due to the <br />Contractor unless and until the Contractor, at its sole cost, performs a sufficient portion of the Work so <br />that the Contract Sum then remaining unpaid is determined by the Owner or Architect to be sufficient to <br />so complete the Work; <br />.8 Failure of the Contractor to submit timely schedule updates as required by the Contract <br />Documents; or delay by the Contractor and/or its Subcontractor(s) of any tier, or failure to comply with <br />Contractor's Progress Schedule; or <br />.9 Liquidated damages. <br />9.5.2 When the above reasons for withholding certification are removed, certification will be made for <br />amounts previously withheld. <br />9.5.3 Owner shall not be deemed to be in breach of this Contract by reason of the withholding of any <br />payment if the Work in question shall have been rejected by any governmental authority. The Owner <br />shall have no obligation to make payments for defective Work and unsatisfactory performance until such <br />Work and performance is corrected or replaced as provided herein and compensation is thereby earned. <br />9.5.4 Pursuant to RCW 39.12, the Contractor will not receive any payment until the Contractor and all <br />Subcontractors of any tier have submitted a "Statement of Intent to Pay Prevailing Wage" to the Owner. <br />The statement must have the approval of the Industrial Statistician of the Department of Labor and <br />Industries before it is submitted to the Owner. The statement must include the Contractor's registration <br />number, the number of workers in each trade classification, and the applicable wage rate for each trade <br />listed. The Contractor agrees to provide each Subcontractor with a schedule of applicable prevailing <br />wage rates. The Contractor and the respective Subcontractors shall pay all fees required by the <br />Department of Labor and Industries, including fees for the approval of the "Statement of Intent to Pay <br />Prevailing Wages." Approved copies of the "Statement of Intent to Pay Prevailing Wages" must be <br />posted where workers can easily read them. <br />9.6 PROGRESS PAYMENTS <br />9.6.1 After the Architect has issued a Certificate for Payment, the Owner shall make payment in the <br />manner and within the time provided in the Contract Documents, and shall so notify the Architect. The <br />Owner will make a progress payment within thirty (30) days of its receipt of the Architect's Certificate <br />for Payment, but shall be entitled to withhold payment according to subparagraph 9.5, notwithstanding <br />the issuance of a Certificate for Payment. <br />mcg-ARC 2120.000 February 28, 2023 <br />