Laserfiche WebLink
CITY OF EVERETT SPECIAL PROVISIONS <br /> <br />Water Main Replacement “Y” – Ph 2 Div 1 – GEN REQUIREMENTS October 2025 <br />Work Order No. UP 3814 SP-130 <br />Category 2: Sensitive information <br />Category 2: For official use only / disclosure permissible by law. <br />The Contractor shall compensate the City for the actual costs of engineering, inspection, <br />general supervision, right-of-way costs, permit fees, overhead expenses, and any other <br />ascertainable direct costs to the City that are directly chargeable to the Work and that <br />accrue during the period of such extension. The actual costs do not include charges for <br />final inspection and preparation of the final payment by the City. <br />1-09.9(6) Retainage <br />Pursuant to RCW Chap. 60.28, a sum of five percent of the monies earned by the <br />Contractor will be retained from progress estimates. In addition to protecting the interests <br />of those identified in RCW Chap. 60.28, such retainage will be used as a trust fund for <br />the protection of the City. <br />At the option of the Contractor, monies retained under the provisions of RCW 60.28 will <br />be: <br />1. Retained in a fund by the City, or <br />2. Deposited by the City in an interest-bearing escrow account in a bank, mutual <br />saving bank, or savings and loan association. Interest on monies so retained <br />shall be paid to the Contractor in accordance with requirements of this section. <br />Deposits are to be in the name of the City and may not be withdrawn without <br />the City’s written authorization. The City will issue a check representing the <br />sum of the monies reserved, payable to the bank or trust company. Such check <br />shall be converted into bonds and securities chosen by the Contractor as the <br />interest accrues Bank and Contractor will execute an escrow agreement in the <br />form provided by the City. <br />3. Released after submission of fully executed retainage bond in the form <br />provided by the City. <br />The Contractor shall designate the option desired at the time the Contract is executed. <br />If the Contractor in chooses option 2, deposit in escrow account, Contractor agrees to <br />assume full responsibility to pay all costs that may accrue from escrow services, <br />brokerage charges or both, and further agrees to assume all risks in connection with the <br />investment of the retained percentages in securities. The City may also, at its option, <br />accept a bond in lieu of retainage. <br />Retainage will be released when all of the following conditions are satisfied: <br />1. Sixty days have elapsed following the completion of all Work specified in the <br />Contract; and <br />2. The Contractor fulfilled all of all obligations of the Contractor under the <br />Contract, including, but not limited to, the Contractor’s furnishing all <br />documentation required by Contract and law; and <br />3. A release has been obtained from the Washington State Department of <br />Revenue; and <br />4. Affidavits of Wages Paid for the Contractor and all Subcontractors are on file <br />with the City (RCW 39.12.040); and <br />5. A release has been obtained from the Washington State Department of Labor <br />& Industries and the Washington State Employment Security Department; and <br />6. All claims, as provided by law, filed against the retainage have been resolved. <br />In the event claims are filed and provided the conditions one through five are <br />met, the Contractor will be paid the retained percentage less an amount <br />sufficient to pay any such claims together with a sum determined by the City <br />sufficient to pay the cost of claims and attorney’s fees.