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City of Everett 00 7200 - 40 <br />2024 WPCF Biosolids Removal UT 3826-2 <br /> <br /> <br />00 7200 - 40 GENERAL CONDITIONS <br />2. Rented equipment is provided fueled, operated and maintained by the firm. Operators of rented <br />equipment are supervised directly by the firm’s representative. There is a little interaction <br />between the Contractor and the employees of the firm. <br />3. The firm appears to be holding the risk of performance and quality of the Work. <br />4. The firm appears to be responsible for liability arising from the Work. <br />Markups on Work Performed by Subcontractor(s): <br />On amounts paid for Work performed <br />by each Subcontractor on each <br />Force Account and calculated <br />through 9.6.1-4 <br /> <br /> <br />Up to $25,0000 <br /> <br /> <br />12% <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 /> <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