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' SECTION 00 61 23 <br /> NEW RETAINAGE BOND <br /> BOND NO. 107796332 <br /> ' RETAINAGE BOND <br /> KNOW ALL MEN BY THESE PRESENTS, that McClure and Sons,Inc. , a corporation organized <br /> ' under the laws of the State of Washington and registered to do business in the <br /> State of Washington as a contractor, as Principal, and Travelers Casualty and Surety Company of America, a <br /> corporation organized under the laws of the State of Connecticut and <br /> ' registered to transact business in the State of Washington as Surety, their heirs, executors, <br /> administrators, successors and assigns, are jointly and severally held and bound to the City of <br /> Everett, Washington, hereinafter called "City", and are similarly held and bound unto the <br /> beneficiardred I hesiee Tof the housand ttveHust fund byundted Thirty-Five and <br /> Dollars ($h Chapter 08, in the lus five <br /> ofOne (5%) percent of any <br /> increases that may occur under the Contract (as defined below), the payment of which, well and <br /> truly to be paid,we bind ourselves, our heirs, executors and successors,jointly and severally, • <br /> ' formally by these presents. <br /> THE CONDITIONS OF THE ABOVE OBLIGATION ARE THAT: <br /> ' WPCF TFI Bar <br /> Screen Upgrades <br /> WHEREAS, on April 12,2023 , the Principal executed a contract Project,UP3770 (the <br /> "Contract") with the City known as: <br /> PROJECT NAME: WPCF TFI BAR SCREEN UPGRADES PROJECT <br /> CONTRACT NUMBER: UP3770 <br /> ' WHEREAS, said Contract and RCW Chapter 60.28 require the City to withhold from monies <br /> earned by the Principal during the progress of the construction, hereinafter referred to as <br /> ' "earned retained funds". <br /> WHEREAS, the Principal requested that the City accept a retainage bond and release earned <br /> retained 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 <br /> the City to indemnify, defend and hold the City harmless from any and all loss, costs or <br /> damages that the City may sustain by reason of release of said earned retained funds to <br /> Principal, then this obligation to be 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 <br /> ' by law or Contract against the earned retained funds and in the same manner and <br /> priority as set forth for retained percentages in RCW Chapter 60.28 and the Contract. <br /> City of Everett 00 61 23-1 February 2023 <br /> WPCF TFI Bar Screen Upgrades <br /> UP3770 <br />