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City of Everett 00 7200 - 39 <br /> 2021 Biosolids and Backwash Solids Removal UT 3752-1 / 20 <br /> Force Account and calculated <br /> through 9.6.1-4 <br /> On amounts greater than $25,000 up to $100,000 10% <br /> On amounts greater than $100,000 7% <br /> The amounts and markup rates shall be calculated separately for each Subcontractor on each Force <br /> Account item established. <br /> The payments provided above shall be full payment for all Work done on a Force Account basis. The <br /> calculated payment shall cover all expenses of every nature, kind and description, including those listed <br /> above and any others incurred on the Work being paid through Force Account. Nothing in this provision <br /> shall preclude the Contractor from seeking an extension of time or time-related damages to unchanged <br /> Work arising as a result of Force Account Work. The amount and costs of any work to be paid by Force <br /> Account shall be computed by the Owner's Representative and the result shall be final as provided in 3.2 <br /> OWNER'S REPRESENTATIVE. <br /> An item that has been bid at a unit price or lump sum in the Bid will not be paid as Force Account unless <br /> a change, as defined in ARTICLE 6. CHANGES, has occurred and the provisions require a payment <br /> adjustment. Items which are included in the Bid as Force Account or which are added by change order as <br /> Force Account may,by agreement of the parties at any time, be converted to agreed unit prices or lump <br /> sums applicable to the remaining Work. <br /> 9.7. RETAINAGE <br /> Pursuant to RCW Chap. 60.28, a sum of five percent(5%)of the monies earned by the Contractor will be <br /> retained from progress estimates. In addition to protecting the interests of those identified in RCW Chap. <br /> 60.28, such retainage shall be used as a trust fund for the protection of the Owner. <br /> At the option of the Contractor; monies retained under the provisions of RCW 60.28 shall be: <br /> 1. Retained in a fund by the Owner, or <br /> 2. Deposited by the Owner in an escrow(interest-bearing) account in a bank, mutual saving bank, or <br /> savings and loan association(interest on monies so retained shall be paid to the Contractor). <br /> Deposits are to be in the name of the Owner and may not be withdrawn without the Owner's <br /> written authorization. The Owner will issue a check representing the sum of the monies reserved, <br /> payable to the bank or trust company. Such check shall be converted into bonds and securities <br /> chosen by the Contractor as the interest accrues. Bank and Contractor will execute an escrow <br /> agreement in the form provided by Owner. <br /> 3. Released after submission of fully executed retainage bond in the form provided by Owner. <br /> The Contractor shall designate the option desired at the time the Contract is executed. If the Contractor <br /> chooses option 2 (deposit in escrow account), Contractor agrees to assume full responsibility to pay all <br /> costs that may accrue from escrow services,brokerage charges or both, and further agrees to assume all <br /> risks in connection with the investment of the retained percentages in securities. The City may also,at its <br /> option, accept a bond in lieu of retainage. <br /> Retainage will be released when all of the following conditions are satisfied: <br /> 1. Sixty(60) days have elapsed following the completion of all Work specified in the Contract; and <br /> 2. The Contractor fulfilled all of all obligations of the Contractor under the Contract, including,but <br /> not limited to,the Contractor's furnishing all documentation required by Contract and law; and <br /> 3. A release has been obtained from the Washington State Department of Revenue; and <br /> 4. Affidavits of Wages Paid for the Contractor and all Subcontractors are on file with the Owner <br /> (RCW 39.12.040); and <br /> 00 7200 - 39 GENERAL CONDITIONS <br />