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BOND NO. S011664 <br /> RETAINAGE BOND <br /> KNOW ALL MEN BY THESE PRESENTS,that Road Construction Northwest Inc. <br /> a Corporation organized under <br /> the laws of the State of Washington ,and registered to do business in the State of <br /> Washington as a contractor, as Principal, and Employers Mutual Casualty Compares, a corporation organized <br /> under the laws of the State of Iowa and registered to transact business in <br /> the State of Washington as Surety,their heirs,executors, administrators, successors and assigns, are <br /> jointly and severally held and bound to the City of Everett,Washington, hereinafter called "City", and <br /> are similarly held and bound unto the beneficiaries of the trust fund created by RCW Chapter 60.28, in <br /> the sum of Seventy-Seven Thousand Three Hundred'Dollars($ 77,351.22 ) plus five (5%) percent of any <br /> increases that may occur under the Contract (as defined below),the payment of which, well and truly to <br /> be paid, we bind ourselves,our heirs, executors and successors,jointly and severally, formally by these <br /> presents. *Fifty-One and 22/100THS <br /> THE CONDITIONS OF THE ABOVE OBLIGATION ARE THAT: <br /> WHEREAS, on -4- Dee 2-0l d ,the Principal executed a contract (the"Contract") <br /> with the City known as: <br /> PROJECT NAME Watermain Replacement"U"WO#UP3698 <br /> CONTRACT NUMBER UP tog 8 <br /> WHEREAS, said Contract and RCW Chapter 60.28 require the City to withhold from monies earned by <br /> the Principal during the progress of the construction, hereinafter referred to as"earned retained funds"; <br /> WHEREAS,the Principal requested that the City accept a retainage bond and release earned retained <br /> funds to Principal, as allowed under RCW Chapter 60.28; and <br /> NOW,THEREFORE,the condition of this obligation is such that the Surety is held and bound to the City <br /> to indemnify,defend and hold the City harmless from any and all loss,costs or damages that the City <br /> may sustain by reason of release of said earned retained funds to Principal,then this obligation to be <br /> null and void, otherwise to remain in full force and effect. <br /> PROVIDED, HOWEVER, it is expressly understood and agreed that: <br /> 1. Any suit or action under this bond must be instituted within the time period, if any, <br /> provided by applicable law. The bond shall be subject to all claims and liens provided for by law or <br /> Contract against the earned retained funds and in the same manner and priority as set forth for retained <br /> percentages in RCW Chapter 60.28 and the Contract. <br /> 1 <br />