Loading...
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