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I <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 calculated <br /> through 9.6.1-4: <br /> a. Up to$25,0000 <br /> 1) 12 percent markup <br /> b. On amounts greater than$25,000 up to$100,000 <br /> 1) Ten percent markup <br /> c. On amounts greater than$100,000 <br /> 1) Seven percent markup <br /> D. The amounts and markup rates shall be calculated separately for each Subcontractor on each Force Account <br /> item established. <br /> E. 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 /> 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 <br /> 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 /> N. RETAINAGE I <br /> A. Pursuant to RCW Chap. 60.28, a sum of five percent 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 /> B. 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). Deposits <br /> are to be in the name of the Owner and may not be withdrawn without the Owner's written <br /> authorization. The Owner will issue a check representing the sum of the monies reserved, payable to <br /> the bank or trust company. Such check shall be converted into bonds and securities chosen by the <br /> Contractor as the interest accrues. Bank and Contractor will execute an escrow agreement in the form <br /> provided by Owner. <br /> 3. Released after submission of fully executed retainage bond in the form provided by Owner. <br /> C. 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 <br /> risks in connection with the investment of the retained percentages in securities. <br /> D. Retainage will be released when all of the following conditions are satisfied: <br /> 1. 60 days have elapsed following the completion of all Work specified in the Contract;and <br /> 10023829 City of Everett Public Works July 2018 <br /> WPCF FEN Chlorination Building Upgrade Work Order 3614 <br /> GENERAL CONDITIONS <br /> 00 72 13-46 Issue for Bid I <br />