INTERWEST CONSTRUCTION INC 2/8/2019 (2)

-4« CITY BOND NO. 107000175 RETAINAGE BOND KNOW ALL MEN BY THESE PRESENTS,that Interwestconstruction, acorporation organized under Inc,. the laws of the State of Washington ,and registered to do business in the State of Washington as a contractor, as Principal,and ** , a corporation organized under the laws of the State of Connecticut and registered to transact business in the State of Washington 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 Three Hundred Thousand Eight Hundred Dollars($ 300,824.83 ) plus five(5%) percent of any Twenty-Four Dollars awl 83/100 increases that may occur under the Contract(as defined below),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. **Travelers Casualty and Surety Company of America THE CONDITIONS OF THE ABOVE OBLIGATION ARE THAT: WHEREAS,on 1/16/19 ,the Principal executed a contract -(the "Contract") with the City known as: PROJECT NAME Cleveland Avenue Sewer System Replacement and Storm Water Separation CONTRACT NUMBER W.O.#UP3398 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"; WHEREAS,the Principal requested that the City accept a retainage bond and release earned retained funds to Principal, as allowed under RCW Chapter 60.28; and 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, if any, 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. 1