Walsh Construction Company II LLC 6/7/2021

1. The person in charge of the firm's activities takes an active role in managing the overall project, including extensive coordination, interpretation of Drawings, interaction with the Owner or management of a complex and interrelated operation. 2. Rented equipment is provided fueled, operated and maintained by the firm. Operators of rented equipment are supervised directly by the firm's representative. There is a little interaction between the Contractor and the employees of the firm. 3. The firm appears to be holding the risk of performance and quality of the Work. 4. The firm appears to be responsible for liability arising from the Work. C. Markups on Work Performed by Subcontractor(s): 1. On amounts paid for Work performed by each Subcontractor on each Force Account and calculated through 9.6.1-4: a. Up to $25,0000 1) 12% markup b. On amounts greater than $25,000 up to $100,000 1) 10% markup c. On amounts greater than $100,000 1) 7% markup D. The amounts and markup rates shall be calculated separately for each Subcontractor on each Force Account item established. E. The payments provided above shall be full payment for all Work done on a Force Account basis. The calculated payment shall cover all expenses of every nature, kind and description, including those listed above and any others incurred on the Work being paid through Force Account. Nothing in this provision shall preclude the Contractor from seeking an extension of time or time-related damages to unchanged Work arising as a result of Force Account Work. The amount and costs of any work to be paid by Force Account shall be computed by the Owner's Representative and the result shall be final as provided in 3.2 Owner's Representative. F. An item that has been bid at a unit price or lump sum in the Bid will not be paid as Force Account unless a change, as defined in ARTICLE 6. CHANGES, has occurred and the provisions require a payment adjustment. Items which are included in the Bid as Force Account or which are added by change order as Force Account may, by agreement of the parties at any time, be converted to agreed unit prices or lump sums applicable to the remaining Work. 9.14 Retainage A. Pursuant to RCW Chap. 60.28, a sum of five percent (5%) of the monies earned by the Contractor will be retained from progress estimates. In addition to protecting the interests of those identified in RCW Chap. 60.28, such retainage shall be used as a trust fund for the protection of the Owner. Replacement of Reservoir 2 General Conditions WO# UP3658 00 72 13 - 58