American Process Group Inc 7/9/2019

City of Everett 00 7200 -38 ' 2019 Biosolids Removal UT3705-2 for Work done by each Subcontractor through 9.6.1, 9.6.2, 9.6.3,and 9.6.4,to compensate for all administrative costs, including project Overhead, general company Overhead, profit, bonding, insurance, Business&Occupation tax, and any other costs incurred. A firm may be considered to be acting as a Subcontractor when the Owner's Representative observes one or more of the following characteristics: 1. The person in charge of the firm's activities takes an active role in managing the overall project, , including extensive coordination, interpretation of Drawings, interaction with the Contracting Agency or management of a complex and interrelated operation. 2. Rented equipment is provided fueled, operated and maintained by the firm. Operators of rented equipment are supervised directly by the firm's representative. There is a little interaction between the Contractor and the employees of the firm. 3. The firm appears to be holding the risk of performance and quality of the Work. 4. The firm appears to be responsible for liability arising from the Work. Markups on Work Performed by Subcontractor(s): , On amounts paid for Work performed by each Subcontractor on each Force Account and calculated Up to $25.0000 12% through 9.6.1-4 On amounts greater than $25,000 up to$100,000 10% On amounts greater than $100,000 7% The amounts and markup rates shall be calculated separately for each Subcontractor on each Force Account item established. The payments provided above shall be full payment for all Work done on a Force Account basis. The calculated payment shall cover all expenses of every nature,kind and description, including those listed above and any others incurred on the Work being paid through Force Account. Nothing in this provision shall preclude the Contractor from seeking an extension of time or time-related damages to unchanged Work arising as a result of Force Account Work. The amount and costs of any work to be paid by Force Account shall be computed by the Owner's Representative and the result shall be final as provided in 3.2 OWNER'S REPRESENTATIVE. 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 change, as defined in ARTICLE 6. CHANGES,has occurred and the provisions require a payment adjustment. Items which are included in the Bid as Force Account or which are added by change order as Force Account may,by agreement of the parties at any time, be converted to agreed unit prices•or lump sums applicable to the remaining Work. ' 9.7. RETAINAGE Pursuant to RCW Chap. 60.28, a sum of five percent(5%)of the monies earned by the Contractor will be retained from progress estimates. In addition to protecting the interests of those identified in RCW Chap. 60.28, such retainage shall be used as a trust fund for the protection of the Owner. At the option of the Contractor; monies retained under the provisions of RCW 60.28 shall be: ' 1. Retained in a fund by the Owner, or 2. Deposited by the Owner in an escrow(interest-bearing)account in a bank, mutual saving bank, or savings and loan association(interest on monies so retained shall be paid to the Contractor). Deposits are to be in the name of the Owner and may not be withdrawn without the Owner's written authorization. The Owner will issue a check representing the sum of the monies reserved, payable to the bank or trust company. Such check shall be converted into bonds and securities 00 7200 - 38 GENERAL CONDITIONS