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#14P <br /> ORDINANCE NO. 2325-98 11011gd'2 <br /> AN ORDINANCE ESTABLISHING FORM OF RETAINAGE BOND PURSUANT TO RCW CHAP. 6(128 <br /> WHEREAS, RCW Chap. 60.28 requires the City of Everett to retain a percentage of payments to <br /> contractors on public works projects; and <br /> WHEREAS, the City also retains a percentage of payments to contractors on public works <br /> projects to ensure timely, faithful, and complete performance; and <br /> WHEREAS,RCW Chap. 60.28 requires the City to release such retained percentage if the <br /> contractor submits a bond in a form acceptable to the City and from a bonding company meeting <br /> standards established by the City; and <br /> WHEREAS, the adoption of an ordinance establishing an acceptable bond form and standards for <br /> acceptable bonding companies will expedite the administration of the public works projects, <br /> benefiting both the City and contractors; <br /> NOW, THEREFORE, THE CITY OF EVERETT DOES ORDAIN: <br /> Section 1. Public Works Retainage Bonds <br /> (A) To the extent required by RCW Chap. 60.28, the City shall release earned retained <br /> percentages held by the City at the request of a contractor provided the Contractor first <br /> submits a bond that: (1) is substantially in the following form; (2) is approved by the City <br /> Attorney; (3) is from a surety meeting the qualifications described in this ordinance; and (4) <br /> otherwise complies with the requirements of this ordinance. <br /> (B) The bond shall be substantially in the following form: <br /> Bond No. <br /> KNOW ALL MEN BY THESE PRESENTS, that [Contractor], a corporation <br /> organized under the laws of the State of , and registered to do <br /> business in the State of Washington as a contractor, as Principal, and [Surety], a <br /> corporation organized under the laws of the State of and registered to <br /> transact business in the in the State of Washington as surety, as Surety, their heirs, <br /> executors, administrators, successors and assigns, are jointly and severally held <br /> and bound to the City of Everett, Washington, hereinafter called"City", and are <br /> similarly held and bound unto the beneficiaries of the trust fund created by RCW <br /> Chapter 60.28, in the sum of and_/100's Dollars ($ ), <br /> the payment of which,well and truly to be paid, we bind ourselves, our heirs, <br /> executors and successors,jointly and severally, formally by these presents. <br /> THE CONDITIONS OF THE ABOVE OBLIGATION ARE THAT: <br />