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9.3 APPLICATIONS FOR PAYMENT <br />9.3.1 ln the first sentence, delete "At least ten days" and substitute "on or before the <br />date of the last construction meeting of the month, but not less than twenty-one <br />(21) days..." <br />Add the following Clause 9.3.1.3 and 9.3.1.4 to 9.3.L: <br />9.3.L.3 Until substantial completion, the Owner will pay ninety-five (95) percent of the <br />amount due the Contractor on account of progress payments. 5% will be held as <br />retainage. <br />g.3.1.4 Payments to Subcontractors: No payment request shall include amounts the <br />Contractor does not intend to pay a Subcontractor or Supplier because of a <br />dispute or other reason. lf, after making a request for payment but before paying <br />a Subcontractor or Supplier for its performance covered by the payment request, <br />the Contractor discovers that part or all of the payment otherwise due to the <br />Subcontractor or Supplier is subject to withholding from the Subcontractor or <br />Supplier under the subcontract for unsatisfactory performance, the Contractor <br />may withhold the amount as allowed under the subcontract, but it shall give the <br />Subcontractor, the Owner, and the Architect written notice of the remedial <br />actions that must be taken as soon as practicable after determining the cause for <br />the withholding but before the due date for the Subcontractor/Supplier payment <br />and pay the Subcontractor/Supplier within eieht (8) working days after the <br />Subcontractor/Su pplier satisfactorily completes the remedia I action identified in <br />the notice. <br />9.3 ADD new subparagraph as follows: <br />g.3.4lf any obligations enumerated in Subparagraph 9.3.3 above are not promptly paid <br />(or if any of such liens are not promptly discharged), the Owner may, at his option, <br />make such payments (and secure such discharge) and charge against the Contract Sum <br />or otherwise recover from the Contractor the amount of such payments and all costs <br />(including, but not limited to, attorneys'fees) incurred by the Owner in connection <br />with such payment (and for securing such discharge). <br />CERTIFICATES FOR PAYMENT: ADD sentence to Subparagraphg.4.2 to read: <br />"Payment will not constitute a waiver of any claims by the Owner that the Work fails to <br />comply with the Contract Documents." <br />9.6.3 Add the following to Subparagraph 9.6.3: <br />The Owner, at his discretion, shall have the right to require the General Contractor <br />to provide an audit of all payments made to Subcontractors and Suppliers. The <br />Owner shall also have the right to require the General Contractor to furnish <br />verification of payments made and/or Release of Claims for Payments on Owner- <br />provided form from each Subcontractor and Supplier with each pay application. <br />9.6 ADD new subparagraphs 9.5.8 through 9.6.1'4 as follows <br />Kittitas County - Lower ValleY <br />Transfer Station <br />Supplementary General <br />Conditions of the Contract <br />June 18, 2024 <br />14 of 24