Ariston Pacific, Inc. 5/9/2016 - Laserfiche WebLink

1 1 7. Failure by a Contractor or Subcontractor to comply with these requirements 2 may result in one or more of the following: 3 4 a) Reflected in the Prime Contractor's Performance Evaluation. 5 6 b) Cancellation, termination or suspension of the Contract, in whole or in 7 part. 8 9 c) Sanctions as provided by the Contract; subcontract; or by law under 111 10 applicable prompt payment statutes including RCW 39.04.250. 11 12 8. The Subcontractor shall make a written request to the Contractor for the 13 release of the Subcontractor's retainage or retainage bond. 14 15 9. Within 10 calendar days of the request, the Contractor shall determine if the 16 subcontract has been satisfactorily completed including any required lien 17 releases, documentation and material testing and shall inform the 18 Subcontractor, in writing, of the Contractor's determination. 19 20 10. If the Contractor determines that the subcontract has been satisfactorily 21 completed, the Subcontractor's retainage or retainage bond shall be released 22 by the Contractor within 10 calendar days from the date of the written notice. If 23 the Contractor determines that the Subcontractor has not achieved satisfactory 24 completion of the subcontract, the Contractor must provide the Subcontractor 25 with written notice, stating specifically why the subcontract Work is not 26 satisfactorily completed and what has to be done to achieve completion. The 27 Contractor shall release the Subcontractor's retainage or retainage bond within 28 10 calendar days after the Subcontractor has satisfactorily completed the Work 29 identified in the notice. 30 31 11. In determining whether satisfactory completion has been achieved, the 32 Contractor may require the Subcontractor to provide documentation such as 33 certifications and releases, showing that all laborers, lower-tiered 34 Subcontractors, suppliers of material and equipment, and others involved in 35 the Subcontractor's Work have been paid in full. The Contractor may also 36 require any documentation from the Subcontractor that is required by the 37 subcontract or by the Contract between the Contractor and Contracting 38 Agency or by law such as affidavits of wages paid, material acceptance I 39 certifications and releases from applicable governmental agencies to the 40 extent that they relate to the Subcontractor's Work. 41 42 12. If the Contractor fails to comply with the requirements of the Specification and 43 the Subcontractor's retainage or retainage bond is wrongfully withheld, the 44 Subcontractor may seek recovery against the Contractor under applicable 45 prompt pay statutes in addition to any other remedies provided for by the III 46 subcontract or by law. 47 48 Conditions 49 1. This clause does not create a contractual relationship between the Contracting 50 Agency and any Subcontractor as stated in Section 1-08.1. Also, it is not 51 intended to bestow upon any Subcontractor, the status of a third-partyI I AMENDMENTS TO THE 2014 STANDARD SPECIFICATIONS BOOK Revised: 8/3/15