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1 <br /> CITY OF EVERETT PUBLIC WORKS 00 72 13 <br /> SPECIAL PROVISIONS GENERAL CONDITIONS <br /> 9.7.D, to compensate for all administrative costs, including project Overhead, general company <br /> Overhead,profit,bonding, insurance,Business&Occupation tax, and any other costs incurred. <br /> B. A firm may be considered to be acting as a Subcontractor when the Owner's Representative <br /> observes one or more of the following characteristics: <br /> 1. The person in charge of the firm's activities takes an active role in managing the overall <br /> project, including extensive coordination, interpretation of Drawings, interaction with the <br /> Contracting Agency or management of a complex and interrelated operation. <br /> 2. Rented equipment is provided fueled, operated and maintained by the firm. Operators of <br /> rented equipment are supervised directly by the firm's representative. There is a little <br /> interaction 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 /> C. Markups on Work Performed by Subcontractor(s): <br /> 1. On amounts paid for Work performed by each Subcontractor on each Force Account and <br /> calculated through 9.6.1-4: <br /> a. Up to $25,0000 <br /> 1) 12%markup <br /> b. On amounts greater than$25,000 up to $100,000 <br /> 1) 10%markup <br /> c. On amounts greater than$100,000 <br /> 1) 7%markup <br /> D. The amounts and markup rates shall be calculated separately for each Subcontractor on each <br /> Force Account item established. <br /> E. The payments provided above shall be full payment for all Work done on a Force Account basis. <br /> The calculated payment shall cover all expenses of every nature, kind and description, including <br /> those listed above and any others incurred on the Work being paid through Force Account. <br /> ' Nothing in this provision shall preclude the Contractor from seeking an extension of time or time- <br /> related damages to unchanged Work arising as a result of Force Account Work. The amount and <br /> costs of any work to be paid by Force Account shall be computed by the Owner's Representative <br /> and the result shall be final as provided in 3.2 Owner's Representative. <br /> F. An item that has been bid at a unit price or lump sum in the Bid will not be paid as Force Account <br /> unless a change, as defined in ARTICLE 6. CHANGES, has occurred and the provisions <br /> require a payment adjustment. Items which are included in the Bid as Force Account or which <br /> are added by change order as Force Account may, by agreement of the parties at any time, be <br /> converted to agreed unit prices or lump sums applicable to the remaining Work. <br /> 9.14 Retainage <br /> A. Pursuant to RCW Chap. 60.28, a sum of five percent(5%)of the monies earned by the Contractor <br /> will be retained from progress estimates. In addition to protecting the interests of those identified <br /> in RCW Chap. 60.28, such retainage shall be used as a trust fund for the protection of the Owner. <br /> B. At the option of the Contractor;monies retained under the provisions of RCW 60.28 shall be: <br /> 1 <br /> 1. Retained in a fund by the Owner, or <br /> I <br /> Legion Golf Course Stormwater Detention Project November 28, 2017 <br /> WO#UP3620 00 72 13 -49 <br />