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1 <br /> puecic woR�rs <br /> Memorandum <br /> Date: December 2, 2002 <br /> TO: Roy Issacson <br /> FROM: Paul McKee <br /> RE: Performance Guarantee <br /> Whitfield Insurance Construction Project <br /> A perforfmance bond in an amount of$32,182.00 shall be submitted for the off site public improvements <br /> (sewer main)that are required as part of this project.The following is an excerpt from the RCW: <br /> RCW 39.08.010 <br /> Bond requfred--Conditfona-•Retention of contract amount in lieu of bond••Contracta of one <br /> hundred thouaand dollara ar leas. <br /> Whenever any board,council,commission,trustees,or body acting for the state o�any county or <br /> municipality or any public body shall contract with any person or corporation to do any work for the state, <br /> county,or municipality,or other public body,city, town,or district, such board, council, commission, <br /> trustees, or body shall require the person or persons with whom such contract is made to make,execute, <br /> and deliver to such board, council, wmmission, trustees,or body a good and su�cient bond,with a surety <br /> company as surety, conditioned that such person or persons shall faithfully perform all the provisions of <br /> such contract and pay all laborers,mechanics, and subcontractors and materialmen, and all persons who <br /> supply such person or persons, or subcontractors,with provisions and supplies for the carrying on of such <br /> work, which bond in cases of cities and towns shall be filed with the clerk or comptroller thereof, and any <br /> person or persons perfortning such services or fumishing material to any subcontractor shall have the <br /> same right under the provisions of such bond as if such work, services or material was fumished to the <br /> original contractor: PROVIDED, HOWEVER, That the provisions of RCW 39.08.010 through 39.08.030 <br /> shall not apply to any money loaned or advanced to any such contractor, subcontractor or other person in <br /> the performance of any such work: PROVIDED FURTHER, That on contracts of twenty-five thousand <br /> dollars or less, at ihe option of the contractor the respective public entity may, in lieu of the bond, retain fifty <br /> percent of the contract amount for a period of thirty days after date of final acceptance, or until receipt of all <br /> necessary releases from the department oi revenue and the department of labor and industries and <br /> settlement of any liens filed under chapter 60_28 RCW,whichever is later: PROVIDED FURTHER, That for <br /> contracts of one hundred thousand dollars or less, the public entiry may accept a full payment and <br /> performance bond from an individual surety or sureties:AND PROVIDED FURTHER, That the surety must <br /> agree to be bound by the laws of the state of Washington and subjected to the jurisdiction of the state of <br /> Washington. <br />