Ordinance 2565WSS/naa
03/18/86
ORDINANCE NO. 2565
AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON,
AMENDING SECTION 3.40.080 TO PROVIDE FOR A
FIVE PERCENT (5%) RETAINAGE FOR PUBLIC WORKS
CONTRACT IN ACCORDANCE WITH STATE LAW TO
PROTECT WORKMEN AND MATERIAL MEN; AMENDING
SECTION 3.40.110 IN ORDER TO PROVIDE FOR SAID
RETAINAGE FOR SAID PURPOSES, AND FIXING A
TIME WHEN THE SAME SHALL BECOME EFFECTIVE
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO
ORDAIN AS FOLLOWS:
Section 1. Section 3.40.080 Edmonds City Code Letting
Contracts - Retainer - Lien is hereby amended to read as follows:
3.40.080 LETTING CONTRACTS - RETAINER - LIEN
A. In letting all contracts for public improvements,
the City Council shall provide in the contract for
a retainage of five percent (5%) of the monies
earned by the contractor, calculated from
estimates made during the progress of the
improvement or work. These funds shall be
reserved and retained as a trust fund for the
protection and payment of:
1. Any person or persons, mechanic,
subcontractor or material man who shall
perform labor under the contract for work or
improvement;
2. All persons who shall supply such person
or persons or subcontractors with provisions
and supplies necessary to carry out such work
or improvement; and
3. The State of Washington with respect to
taxes imposed pursuant to RCW Title 82 which
may be due from such contractor.
B. This trust fund shall be retained for a period of
thirty (30) days following the final acceptance of
the improvement or work as completed. Every
person performing labor or furnishing supplies
toward the completion of said improvement or work,
shall have a lien upon said funds so reserved,
provided that notice of the lien of each claimant
shall be given in the manner and within the time
provided for in RCW 39.08.030 through 39.08.060 as
the same exists or may hereafter be amended. The
City Council in its sole discretion may make full
payment of any partial payment subsequent to fifty
percent (50%) of the original work being completed
as provided in RCW 60.28.010, if it finds that
satisfactory progress has been made.
Section 2. Section 3.40.110 Edmonds City Code Letting
Contract - Restrictions - Estimate Costs - Payment of Warrants is
hereby amended to read as follows:
3.40.110 LETTING CONTRACT - RESTRICTIONS - ESTIMATE
COSTS - PAYMENT OF WARRANTS
A. In letting all contracts for public improvements
under this chapter, the Council shall comply with
RCW Chapters 39.04 and 39.08 and the same are
hereby incorporated in and made a part of this
section by reference. The Council shall further
limit the time within which said work shall be
completed, and during the time allowed in the
contract for the completion of the work, the City
Engineer shall, on the last day of each month,
issue an estimate of the amount of work done by
the contractor during the month; but shall, after
the date for completion of the contract, furnish
no estimate other than the final estimate issued
after the completion of the work. Said final
estimate issued by the City Engineer shall
include, in addition to a statement of the amount
of money expended for fixed estimate costs prior
to the date set for the completion of the
contract. All fixed estimate costs incurred by
the City after the time fixed in the contract for
its completion shall be borne by the contractor as
a penalty for failure to complete the work within
the specified time.
B. All estimates of the City Engineer shall be filed
in the office of the City Clerk and by him
reported to the Council at the next regular
meeting, or at a special meeting called for that
purpose, and not more than ninety-five percent
(95%) of such estimate shall be allowed and all
warrants ordered in payment thereof shall be drawn
only upon the particular local improvement fund
under which the work is done, and which warrants
shall bear interest at a rate not to exceed eight
percent (8%) per annum from date until redeemed
either in money or bonds by the Finance Director,
and shall cease to draw such interest from and
after the date fixed by the Finance Director in a
call for the redemption thereof.
C. The five percent (5%) required to be held as a
reserve to protect laborers and material men for a
period of thirty days after final acceptance of
the completion of the work, shall, at the
expiration of such period, be paid to the
contractor in warrants on such special fund so far
as the same may be free from claims of liens, and
which warrants shall draw interest as above set
forth.
Section 3. This ordinance, being an administrative
action, is not subject to referendum and shall take effect five
(5) days after publication of the attached, approved summary.
APPROVED:
Lam'J�Ic�-tL
MAYOR, LARK N U HTEN
ATTEST/AUTHENTICATED:
ITY CLERK, JACQUELINE PARRETT
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
I&L
FILED WITH T9 CITY CLERK: April 10, 1986
PASSED BY THE CITY COUNCIL: May 13, 1986
PUBLISHED: May 18, 1986
EFFECTIVE DATE: May 23, 1986
ORDINANCE NO. 2565
— 3 —
STATE OF WASHINGTON, J
COUNTY OF SNOHO1ViISH, )}
SUMMARY OF
ORDINANCE NO, 2566
1 �r7i}J9. ORDINANCE . OF
YMH„E�,,,.CtITY OF ED-.
MONDS;-;' WASHINGTON,
.AMENDING' 'SECTION
3.40,080 TO PROVIDE
FOR A FIVE PERCENT
(5%) RETAINAGE FOR
PUBLIC WORKS CON-
TRACT IN :'A000R-
" DANCE WITH STATE
LAW, TO PROTECT.
WORKMEN AND' MATE-
RIAL -MEN; AMENDING
.11• of. the, City --:of I Ed-
s passed Ordinance' No. -
which .p,rovides as..:!Ol
_ion . Amends,. ECC
�1•ovide'for the five'
nt .(5%) retafnoge estob-
by State law.
sogge.
The full text of this ordi•
nonce will be-rimoil'ed`withbut
charge to anyone who sub-
mits a written request fo;.the:
City, Clerk of the Ci%y of. Ed,:
nSonds for a copy of'A b fe$tl,'
.APPROVED by. ,the..,Cifv,
Council at - their meeting' pV
May 13, 1986. .
.'JA000ELINE G.
PARRETT .
Published: Moy:18; 1996:
Affidavit of .Publication
- 1
The undersigned, being first duly sworn on oath deposes and says
that she is Principal Clerk of THE HERALD, a daily newspaper
printed and published in the City of Everett, County of Snohomish,
and State of Washington; that said newspaper is a newspaper of
general circulation in said County and State; that said newspaper
has been approved as a legal newspaper by order of the Superior
Court of Snohomish County and that the notice ........................................
Summary of Ordinance No.. 2565
..............................................
............................................................
a printed copy of which is hereunto attached, was published in said
newspaper proper and not in supplement form, in the regular and
entire edition of said paper on the following days and times, namely:
May 18, 1986
...................................................................................................................................... .
......................................................................................................................................
and that said newspaper was regularly distributed to its subscribers
during all of said period.
:..... ...................
Principal Clerk
Subscribed and sworn to before me this ........19.. h
May 86
dayof ........ _............................... ................................. //1{h/9.........
} f fir.../:.
Ziding
...... ..............
..,t �... �, :.:ter. ..:�_� ......g.......
tary Public in a d for the State of Washin ton,
at Everett, Snohomish County.
B-2-1