Valdez Construction, Inc. 8/7/2023

1 City of Everett 00 72 00 - 40 If Contract Claims for materials costs are too high,inappropriate,or unsupported by satisfactory evidence,the Owner's Representative may determine the cost for all or part of the materials. When determined in this manner,the cost will be the lowest current wholesale price from a source that can supply the required quantity, including delivery costs. The Owner reserves the right to provide materials.If so,the Contractor will receive no payment for any costs,Overhead,or profit on such materials. 9.6.3. Equipment. The equipment rates shall be actual cost but shall not exceed the rates set forth in the AGC/WSDOT Equipment Rental Agreement in effect at the time the Work is performed, The approval of the Owner's Representative shall be required for the selection of machine-power tools or equipment prior to their use in Force Account situations. The payment for any machine-power tools or equipment shall be made according to the current AGC/WSDOT Equipment Rental Agreement in effect at the time the Force Account is authorized. The rates as set forth in the Rental Rate Blue Book(as modified by the current AGC/WSDOT Equipment Rental Agreement)are the maximum rates allowable for equipment of modern design and in good working condition. These rates shall be full compensation for all fuel,oil,lubrication,repairs, maintenance,and all other costs incidental to furnishing and operating the equipment except labor for operation. The Owner will add twenty-one(21)percent to equipment costs to cover Project Overhead,general company Overhead(excluding equipment Overhead included in the Rental Rate Blue Book),and profit. Current copies of the Rental Rate Blue Book and the AGC/WSDOT Equipment Rental Agreement will be maintained at each region office of the Washington State Department of Transportation and at each of the offices of the Associated General Contractors of America,in Seattle, Spokane,Tacoma,Washington and Wilsonville,Oregon,where they are available for inspection. 9.6.4. For Services. Compensation under Force Account for specialized services shall be made on the basis of an invoice from the providing entity. A"specialized service"shall be one that is typically billed through invoice in standard industry practice. Before Work is started,the Owner's Representative may require the Contractor to obtain multiple quotations for the service to be utilized and select the provider with prices and terms most advantageous to the Owner. In the event that prior quotations are not obtained and the service invoice is submitted by the Subcontractor,then after-the-fact quotations may be obtained by the Owner's Representative from the open market in the vicinity and the lowest such quotation may be used in place of the submitted invoice. Except as noted below,the Owner will pay the Contractor an additional twenty-one(21)percent of the sum of the costs included on invoices for specialized services to cover project Overhead,general company Overhead,profit,bonding,insurance,Business&Occupation tax,and other costs incurred. When a Supplier of services is compensated through invoice,but acts in the manner of Subcontractor,as described in 9.6.6.For Contractor Markup of Subcontractors Work of this provision,then markup for that invoice shall be according to 9.6.6.For Contractor Markup of Subcontractors Work. 9.6.5. For Mobilization. Force Account mobilization is defined as the preparatory work performed by the Contractor including ' procurement,loading and transportation of tools and equipment,and personal travel time,when such travel time is a contractual obligation of the Contractor or a customary payment for the Contractor to all employees. Mobilization also includes the costs incurred during demobilization applies to both Force Account and other Contract Work. Owner will pay for mobilization for off-site preparatory work for Force Account items provided that Notice has been provided sufficiently in advance to allow the Owner's Representative to witness the activity,if desired. ' 00 72 00 - 40 GENERAL CONDITIONS