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CITY OF EVERETT SPECIAL PROVISIONS <br />Beverly Lake Water Quality Retrofit Division 1 – GENERAL REQUIREMENTS August 2023 <br />WO No – UP3745 SP – 132 <br />Saturdays, Sundays, City holidays and weekdays in excess of 40 hours per week or <br />outside of normal working hours and inspections or observations that result in an <br />inspector or observer working more than 40 hours in a week. Costs of such overtime or <br />excessive inspection or observation include architecture, engineering, construction <br />management services, inspection, general supervision and overhead expenses that are <br />directly chargeable to the overtime or excessive work. Contractor agrees that City will <br />deduct such charges from payments due the Contractor. In the event the City issues a <br />Change Order requiring the Contractor to work in excess of the established schedule of <br />working hours, the City will not charge the Contractor for associated inspection costs. <br />The Contractor shall be compensate the City for the actual costs of engineering, <br />inspection, general supervision, right-of-way costs, permit fees, overhead expenses, <br />and any other ascertainable direct costs to the City that are directly chargeable to the <br />Work and that accrue during the period of such extension. The actual costs do not <br />include charges for final inspection and preparation of the final payment by the City. <br />1-09.9(6) Retainage <br />Pursuant to RCW Chap. 60.28, a sum of five percent of the monies earned by the <br />Contractor will be retained from progress estimates. In addition to protecting the <br />interests of those identified in RCW Chap. 60.28, such retainage will be used as a trust <br />fund for the protection of the City. <br />At the option of the Contractor, monies retained under the provisions of RCW 60.28 will <br />be: <br />1. Retained in a fund by the City, or <br />2. Deposited by the City in an interest-bearing escrow account in a bank, mutual <br />saving bank, or savings and loan association. Interest on monies so retained <br />shall be paid to the Contractor in accordance with requirements of this <br />section. Deposits are to be in the name of the City and may not be withdrawn <br />without the City’s written authorization. The City will issue a check <br />representing the sum of the monies reserved, payable to the bank or trust <br />company. Such check shall be converted into bonds and securities chosen by <br />the Contractor as the interest accrues <br />The Contractor shall designate the option desired at the time the Contract is executed. <br />If the Contractor in chooses option 2, deposit in escrow account, Contractor agrees to <br />assume full responsibility to pay all costs that may accrue from escrow services, <br />brokerage charges or both, and further agrees to assume all risks in connection with the <br />investment of the retained percentages in securities. The City may also, at its option, <br />accept a bond in lieu of retainage. <br />Retainage will be released when all of the following conditions are satisfied: <br />1. Sixty days have elapsed following the completion of all Work specified in the <br />Contract; and <br />2. The Contractor fulfilled all of all obligations of the Contractor under the <br />Contract, including, but not limited to, the Contractor’s furnishing all <br />documentation required by Contract and law; and <br />3. A release has been obtained from the Washington State Department of <br />Revenue; and <br />4. Affidavits of Wages Paid for the Contractor and all Subcontractors are on file <br />with the City (RCW 39.12.040); and <br />5. A release has been obtained from the Washington State Department of Labor <br />& Industries and the Washington State Employment Security Department; <br />and