2021/10/13 Council Agenda Packet

RETAINAGE BOND Bond No. 023219183 KNOW ALL MEN BY THESE PRESENTS, that Forma Construction Company a corporation organized under the laws of the State of Washington and registered to do business in the State of Washington as a contractor, as Principal, and Liberty Mutual Insurance Company , a corporation organized under the laws of the State of Massaohusetts and registered to transact business in the in the State of Washington as surety, as Surety, their heirs, executors, administrators, successors and assigns, are jointly and severally held and bound to the City of Everett, Washington, hereinafter called "City", and are similarly held and bound unto the beneficiaries of the trust fund created by RCW Chapter 60.28, in the sum of One Hundred Fifty Thousand and No /100's Dollars ($15o.og0.00 ), the payment of which, well and truly to be paid, we bind ourselves, our heirs, executors and successors, jointly and severally, formally by these presents. THE CONDITIONS OF THE ABOVE OBLIGATION ARE THAT: WHEREAS, on , the Principal executed a contract (the "Contract") with the City known as: Project Number and Name: REP 2021-022 JOB ORDER CONTRACTING FOR GENERAL CONSTRUCTION SERVICES - YEAR 1 And, WHEREAS, said Contract and RCW Chapter 60.28 require the City to withhold from monies earned by the Principal during the progress of the construction, hereinafter referred to as "earned retained funds"; and WHEREAS, the Principal requested that the City release earned retained funds, as allowed under RCW Chapter. 60.28; NOW, THEREFORE, the condition of this obligation is such that the Surety is held and bound to the City to indemnify, defend and hold the City harmless from any and all loss, costs or damages that the City may sustain by reason of release of said earned retained funds to Principal, then this obligation to be null and void, otherwise to remain in full force and effect. PROVIDED, HOWEVER, It is expressly understood and agreed that: 1. Any suit or action under this bond must be instituted within the time period provided by applicable law. The bond shall be subject to all claims and liens provided for by law or Contract against the earned retained funds and in the same manner and priority as set forth for retained percentages In RCW Chapter 60.28 and the Contract. 2. The Surety hereby consents to and waives notice of any extension In the time for performance of the Contract, assignment of obligations under the Contract, or Contract alteration, termination, amendment or change order. 3. Until written release of this obligation by the City, this bond may not be terminated or canceled by the Principal or Surety for any reason. Any extension of time for the Principal's performance on the Contract, assignment of obligations under the Contract, or Contract alteration, amendment or change order shall not release the Surety from its obligation under this bond. 4. RCW Chapter 60.28 authorizes the City to substitute a retainage bond In lieu of earned retained funds and the Surety hereby waives any defense that this bond Is void or otherwise not authorized by law.