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SNO-ISLE TECH 2O23 SMALL WORKS Section 00 70 00, Page 53 <br />McGRANAHAN ARCHITECTS GENERAL CONDITIONS <br />.1 Unsettled liens; <br />.2 Faulty or defective Work -Appearing after Substantial completion; <br />.3 Failure of the Work to comply with the requirements of the Contract Documents; or <br />I <br />.4 Terms of any warranties or guarantees required by the Contract Documents or supplemental <br />agreements between the Owner and Contractor. <br />9.10.6 If, after Substantial Completion of the Work, final completion thereof is materially delayed <br />through no fault of the Contractor or by issuance of Change Orders affecting final completion, and the <br />Architect so confirms, the Owner shall, upon application by the Contractor and certification by the <br />Architect, and without terminating the Contract, make payment of the balance due for that portion of the <br />Work fully completed and accepted. If the remaining balance for Work not fully completed or corrected <br />is less than retainage stipulated in the Contract Documents, and if bonds have been furnished, the written <br />consent of surety to payment of the balance due for that portion of the Work fully completed and accepted <br />shall be submitted by the Contractor to the Architect prior to certification of such payment. Such <br />payment shall be made under terms and conditions governing final payment, except that it shall not <br />constitute a waiver of claims. <br />9.10.7 Acceptance of final payment by the Contractor, a Subcontractor or material supplier shall <br />constitute a waiver of claims by that payee except those previously made in writing and identified <br />by that payee as unsettled at the time of final Application for Payment. Such waivers shall be in <br />addition to any waivers of Claims resulting from the operation of Paragraphs 4.3, 4.4, 4.5 and <br />9.8.4. <br />9.10.8 The Owner reserves the right pursuant to Chapter 60.28 RCW to withhold from any retainage <br />funds remaining after the clearance of claims for liens and taxes an amount necessary to satisfy claims <br />by the Owner against the Contractor, and the remainder of the retainage shall be released to the <br />Contractor. <br />ARTICLE 10 <br />j PROTECTION OF PERSONS AND PROPERTY <br />10.1 SAFETY PRECAUTIONS AND PROGRAMS <br />10.1.1 The Contractor shall be solely and completely responsible for conditions of the work site, <br />including safety of all persons and property, during performance of the Work. The Contractor shall <br />maintain the Work site and perform the Work in a manner, which meets statutory, and common law for <br />the provision of a safe place to work. This requirement shall apply continuously and not be limited to <br />normal working hours. That the Architect or Owner conducts construction review of the Contractor's <br />performance does not and shall not be intended to include review of the adequacy of the Contractor's <br />safety measures in, on or near the site of the Work. The Contractor shall be responsible for initiating, <br />maintaining and supervising all safety precautions and programs in connection with the performance of <br />the Contract. <br />mcg-ARC 2120.000 February 28, 2023 <br />