3-Contract Forms.pdf

AGREEMENT FOR SITE PREPARATION

A-1

THIS AGREEMENT made this _ Day of 20 by and between (Company Name) organized and existing under the laws of the State of

With offices located at (Company Location) __________________________________________

Hereinafter called the “CONTRACTOR” and the City of Easton, Pennsylvania, hereinafter called

“CITY.”

WITNESSETH that the CONTRACTOR and the CITY for the consideration stated herein mutually agreed as follows:

ARTICLE 1. Statement of Work: The CONTRACTOR shall furnish all supervision, technical personnel, labor, materials, machinery, tools, equipment and service, including utility and transportation services, and perform and complete all work required for the construction of the improvements for the ______________________________________ project, all in strict accordance with the Contract Documents including all Addenda thereto, numbered ______ Dated ___________ and all as prepared by or for the City of Easton, Bureau of Engineering, referred to as the “ENGINEER.”.

ARTICLE 2. The Contract Price: The CITY will pay the CONTRACTOR for the performance of the Contract in current funds for the lump sum or for the total quantities of work, performed at the unit prices stipulated in the Bid for the several respective items of work completed subject to additions and deductions as provided in GENERAL CONDITIONS< Section 14- CHANGES IN

THE WORK.

ARTICLE 3. Contract: The executed Contract Documents shall consist of those documents listed in the Bid Proposal.

This Agreement together with other Documents enumerated in this ARTICLE 3 which said other Documents are as fully a part of the Contract as if hereto attached or herein repeated, forms the Contract between the parties hereto. In the event that any provision in any component part of this Contract conflicts with any provision of any other component part, the provision of the component part first presented shall govern, except as otherwise specifically stated.

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A-3

PERFORMANCE AND PAYMENT BOND (OR BONDS)

Following the Form of Agreement, insert the approved form of the statutory surety bond or bonds to ensure the performance of the Contract and payment of labor and materials. In addition to the corporation signatures of the surety company(ies) on the bond(s) each bond should be countersigned by the surety company’s attorney-in fact, authorized to act within the state in which the Project is situated.

PERFORMANCE BOND

PF-1

KNOW ALL MEN BY THESE PRESENTS that we, as Principal (The “Principal), and a corporation organized and existing under the laws of as Surety (The “Surety”), are held and firmly bound unto

Obligee (The “Obligee”), as hereinafter set forth, in the full and just sum of

DOLLARS ($ )

(100% of Contract Price) lawful money of the United States of America, for the payment of which we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

WITNESSETH THAT:

WHEREAS, the Principal heretofore has submitted to the Obligee a certain proposal, dated

(The “Proposal”), to perform certain work for the Obligee, in connection with

Obligee’s proposed ____________________ project.

pursuant to Plans and Specifications and other related documents constituting the Contract Documents, which are incorporated into the Proposal by reference (the “Contract Documents”), as prepared by the City of Easton;

WHEREAS, the Obligee is a “contracting body” under provisions of Act No. 385 of the General Assembly of the Commonwealth of Pennsylvania, approved by the Governor on December 20, 1967, known as and cited as the “Public Works Contractors’ Bond Law of 1967” (the “Act”); and

WHEREAS, the Act, in Section 3(a), requires that, before an award shall be made to the Principal by the Obligee in accordance with the Proposal, the Principal shall furnish this Bond to the Obligee, with this Bond to become binding upon the award of a contract to the Principal by the Obligee in accordance with the Bid; and

WHEREAS, it also is a condition of the Contract Documents that this Bond shall be furnished by the Principal to the Obligee; and

WHEREAS, under the Contract Documents, it is provided, inter alia, that if the Principal shall furnish this Bond to the Obligee, and if the Obligee shall make an award to the Principal in accordance with the Proposal, then the Principal and the Obligee shall enter into an agreement with respect to performance of such work (the “Agreement’), the form of which Agreement is set forth in the Contract Documents.

PF-2

NOW, THEREFORE, the terms and conditions of this Bond are and shall be that if:

(a) The Principal well, truly and faithfully shall comply with and shall perform the Agreement in accordance with the Contract Documents, at the time and in the manner provided in the Agreement and in the Contract Documents, and if the Principal shall satisfy all claims and demands incurred in or related to the performance of the Agreement by the Principal or growing out of the performance of the Agreement by the Principal, and if the Principal shall indemnify completely and shall save harmless the Obligee and all of its officers, agents and employees from any and all costs and damages which the Obligee and all of its officers, agents and employees may sustain or suffer by reason of the failure of the Principal to do so, and if the Principal shall reimburse completely and shall pay to the Obligee any and all costs and expenses which the Obligee and all of its officers, agents and employees may incur by reason of any such default or failure of the Principal; and (b) if the Principal shall remedy, without cost to the Obligee, all defects which may develop during the period of one (1) year from the date of completion by the Principal and acceptance of the Obligee of the work to be performed under the Agreement in accordance with the Contract Documents, which defects, in the sole judgment of the Obligee or its legal successors in interest, shall be caused by or shall result from defective or inferior materials or workmanship, then this Bond shall be void; otherwise, this Bond shall be and shall remain in force and effect.

This Bond is executed and delivered under and subject to the Act, to which reference hereby is made.

The Principal and the Surety agree that any alterations, changes and/or additions to the Contract Documents and/or any alterations, changes and/or additions to the work to be performed under the Agreement in accordance with the Contract Documents, and/or any alterations, changes and/or additions to the Agreement, and /or any giving by the Obligee of any extensions of time for the performance of the Agreement in accordance with the Contract Documents, and/or any act of forebearance of either the Principal or the Obligee toward the other with respect to the Contract Documents and the Agreement, and/or the reduction of any percentage to be retained by the Obligee as permitted by the Contract Documents and by the Agreement, shall not release, in any manner whatsoever, the Principal and the Surety, or either of them, or their heirs, executors, administrators, successors and assigns, from liability and obligations under this Bond; and the Surety, for value received does waive notice of any such alterations, changes, additions, extensions of time, acts of forebearance and/or reduction of retained percentage.

It is expressly agreed that if at any time default shall be made in the performance of the terms and conditions of this Bond, that we do authorize and empower the solicitor of the City of Easton or any other attorney of any court of record in the Commonwealth of Pennsylvania, to appear for us and each of us and confess judgment against us for the sum of

DOLLARS ($ )

total of Bond, together with Ten Percent (10%) added for collection, with the cost of suit and release or errors, and we do hereby waive the right of inquisition of any real estate, and authorize the Prothonotary to enter our voluntary condemnation of the same upon a writ of execution. We also waive the right of all laws now made, or hereafter to be made exempting Real or Personal Property from levy and sale and execution.

PF-3

IN WITNESS WHEREOF, the Principal and the Surety cause this Bond to be signed, sealed and delivered this day of 20 .

INDIVIDUAL PRINCIPAL:

Witness:

Signature of Individual Trading and doing business as

(SEAL)

PARTNERSHIP PRINCIPAL:

Name of Partnership

Partner

CORPORATION PRINCIPAL:

Attest: Name of Corporation (Corporate Seal)

(Assistant) Secretary (Vice) President or (if applicable)

Name of Corporation

*Authorized Representative

*Attach appropriate proof, dated as of the same date as the Bond, evidencing authority to execute on behalf of the Corporation.

PF-4

CORPORATE SURETY:

Name of corporation

(Corporate Seal) Attorney-in-Fact

**Attach an appropriate power of attorney, dated as of the same date as the Bond, evidencing the authority of the Attorney-in-Fact to act on behalf of the corporation.

PAYMENT BOND

PT-1

KNOW ALL MEN BY THESE PRESENTS that we, , as Principal (The “Principal”), and a corporation organized and existing under the laws of as Surety (The “Surety’), are held and firmly bound unto the City of Easton as Obligee (The “Obligee”), as hereinafter set forth, in the full and just sum of DOLLARS ($ ) lawful money of the United States of America, for the payment of which we bind ourselves, our heirs, executors, administrators, successors and assigns.

WITNESSETH THAT:

WHEREAS, the Principal heretofore has submitted to the Obligee a certain bid, dated (the “Bid”), to perform certain work for the oblige, in connection with Obligee’s proposed ______________ Project pursuant to Plans and Specifications and other related documents constituting the Contract Documents, which are incorporated into the Bid by reference (the “Contract Documents”) as prepared by City of Easton, Bureau of Engineering.

WHEREAS, the Obligee is a “contracting body” under provisions of Act No. 385 of the General Assembly of the Commonwealth of Pennsylvania, approved by the Governor on December 20, 1967, known as and cited as the “Public Works Contractors’ Bond Law of 1967” (the “Act”), and

WHEREAS, the Act, in Section 3(a), requires that before an award shall be made to the

Principal by the Obligee in accordance with the Bid, the Principal shall furnish this Bond to the Obligee, with this Bond to become binding upon the award of a contract to the Principal by the Obligee in accordance with the Bid; and

WHEREAS, it also is a condition of the Contract Documents that this Bond shall be furnished by the Principal to the Obligee; and

WHEREAS, under the Contract Documents, it is provided, inter alia, that if the Principal shall furnish this Bond to the Obligee, and if the Obligee shall make an award to the Principal in accordance with the Bid, then the Principal and the Obligee shall enter into an agreement with respect to performance of such work (the “Agreement”), the form of which Agreement is set forth in the Contract Documents.

NOW, THEREFORE, the terms and conditions of this Bond are and shall be that if the

Principal and any subcontractors of the Principal to whom any portion of the work under the

PT-2

Agreement shall be subcontracted, and if all assignees of the Principal and of any such subcontractor, promptly shall pay or shall cause to be paid, in full, all money which may be due any claimant supplying labor or materials in the prosecution and performance of the work in accordance with the Agreement and in accordance with the Contract Documents, including any amendment, extension or addition to the Agreement and/or to the Contract Documents, for material furnished or labor supplied or labor performed, then this Bond shall be void; otherwise, this Bond shall be and shall remain in force and effect.

The Bond, as provided by the Act, shall be solely for the protection of claimants supplying labor or materials to the Principal or to any subcontractor of the Principal in the prosecution of the work covered by the Agreement, including any amendment, extension or addition to the Agreement. The term “claimant” when used herein and as required by the Act, shall mean any individual, firm, partnership, association or corporation. The phrase “labor or materials” when used herein and as required by the Act, shall include public utility services and reasonable rentals of equipment, but only for periods when the equipment rented is actually used at the site of the work covered by the Agreement. As required by the Act, the provisions of this Bond shall be applicable whether or not the material furnished or labor performed enters into and becomes a component part of the public building, public work or public improvement contemplated by the Contract Documents and the Agreement.

As provided and required by the Act, the Principal and the Surety agree that any claimant, who has performed labor or furnished material in the prosecution of the work in accordance with the Agreement and in accordance with the Contract Documents, including any amendment, extension or addition to the Agreement and/or to the Contract Documents, and who has not been paid therefore, in full, before the expiration of ninety (90) days after the day on which such claimant performed the last of such labor or furnished the last of such materials for which payment is claimed, may institute an action upon this Bond, in the name of the claimant, in assumpsit, to recover any amount due the claimant for such labor or material, and may prosecute such action to final judgement and may have execution upon the judgement; provided, however, that; (a) any claimant who has a direct contractual relationship with any subcontractor of the Principal, but has no contractual relationship, expressed or implied, with the Principal, may institute an action upon this Bond only if such claimant first shall have given written notice, served in the manner provided in the Act, to the Principal, within ninety (90) days from the date upon which such claimant performed the last of the labor or furnished the last of the materials for which payment is claimed, stating, with substantial accuracy the amount claimed and the name of the person for whom the work was performed or to whom the material was furnished; and (b) no action upon this Bond shall be commenced after the expiration of one (1) year from the day upon which the last of the labor was performed or material was supplied, for the payment of which such action is instituted by the claimant; and Cc) every action upon this Bond shall be instituted either in the appropriate court of the County where the Agreement is to be performed or of such other County as Pennsylvania statutes shall provide, or in the United States District Court for the district in which the project to which the Agreement relates, is situated, and not elsewhere.

PT-3

This Bond is executed and delivered under and subject to the Act, to which reference hereby is made.

The Principal and the Surety agree that any alterations, changes and/or additions to the Contract Documents, and/or any alterations, changes and/or additions to the work to be performed under the Agreement in accordance with the Contract Documents, and/or any alterations, changes and/or additions to the Agreement, and/or any giving by the Obligee of any extensions of the time for the performance of the Agreement in accordance with the Contract Documents and/or any act of forebearance of either the Principal or the Obligee toward the other with respect to the Contract Documents and the Agreement, and/or the reduction of any percentage to be retained by the Obligee as permitted by the Contract Documents and by the Agreement, shall not release, in any manner whatsoever, the Principal and the Surety, or either of them, or their heirs, executors, administrators, successors and assigns, from liability and obligations under this Bond; and the Surety, for value received does waive notice of any such alterations, changes, additions, extensions of time, acts of forebearance and/or reduction of retained percentage.

IN WITNESS WHEREOF, the Principal and the Surety cause this Bond to be signed, sealed and delivered this day of 20 .

INDIVIDUAL PRINCIPAL:

Signature of Individual Trading and doing business as

PARTNERSHIP PRINCIPAL:

Name of Partnership

PT-4

CORPORATION PRINCIPAL:

Attest:

Name of Corporation

Assistant) Secretary (Vice) President

Or if appropriate

Witness: Name of Corporation

Authorized Representative

*Attach appropriate proof, dated as of the same date as the Bond, evidencing authority to execute in behalf of the Corporation.

CORPORATION SURETY:

Witness: Name of Corporation

Attorney-in-Fact

**Attach appropriate proof, dated as of the same date as the Bond, evidencing authority to execute in behalf of the Corporation.

ACCEPTANCE BY CONTRACTOR OF WORKMEN’S COMPENSATION

The Contractor shall accept the provisions of the Workmen’s Compensation Act and any re-enactments, supplements or amendments thereto, and will insure his liability thereunder, or file with the City a certificate of exemption from insurance from the Department of Labor and Industry of this Commonwealth. The Contractor shall provide proof of the above prior to signing the Contract.

One of the following documents must be attached. (Please mark)

Certificate of Insurance

Certificate of Self Insurance

Affidavit of Exemption

Contractor’s Signature

WC

LIST OF SUBCONTRACTORS AND SUPPLIERS

Project: Project No.

Contractor

Subcontractor Address Description of Subcontract Name

Supplier Name Address Description of Subcontract

SS

WAIVER OF LIENS

To All Whom It May Concern:

WHEREAS, the undersigned has been employed by (A)_________________________________ to furnish labor and materials for (B) ________________________________________________ under a contract (C) _____________________________________________________________ for the improvement of the premises described as (D) ___________________________________ in the _____________(City) of ______________________________________________

County of _______________________________, State of _______________________________ of which ___________________________________________________________ is the Owner.

NOW, THEREFORE, this _____________day of ___________________________, 20_______, for and in consideration of the sum of (E)_____________________________________________ Dollars paid simultaneously herewith, the receipt whereof is hereby acknowledged by the undersigned, the undersigned does hereby waive and release any lien rights to, or claim of lien with respect to and on said above-described premises, and the improvements thereon, and on the monies or other considerations due or to become due from the owner, on account of labor, services, material, fixtures, apparatus or machinery heretofore or which may hereafter be furnished by the undersigned to or for the above-described premises by virtue of said contract.

(F)_______________________________________(SEAL)

(Name of sole ownership, corporation, or partnership)

(Affix corporate seal here) _______________________________________(SEAL) (Signature of Authorized Representative)

TITLE: ______________________________________

Instructions for Final Waiver:

A – Person or firm with whom you agreed to furnish either labor or services or materials or both.

B – Fill in nature and extent of work; strike the word labor or the word materials if not in your contract.

C – If you have more than one contract on the same premises, describe the contract by number if available, date and extent of work.

D – Furnish an accurate enough description of the improvement and location of the premises so that it can be distinguished from any other property.

D – Amount shown should be the amount actually received and equal to total amount of contract as adjusted.

F – If waiver is for a corporation, corporate name should be used, corporate seal affixed and title of officer signing waiver should be set forth; if waiver is for a partnership, the partnership name should be used, partner should sign and designate himself as partner.

WL

The conditions of this agreement, as listed below, shall apply to the Contractor and his

Subcontractors.

1. The Contractor and its subcontractors shall not violate the Prohibition of Illegal Alien

Labor on Assisted Projects Act of May 11, 2006 (P.L. 173, No. 43). The Contractor shall not knowingly employ or knowingly permit any of its subcontractors to knowingly employ the labor services of an illegal alien.

2. The Nondiscrimination/Sexual Harassment Clause attached as "Exhibit A" applies to the Contractor and its subcontractors and is attached to this package.

3. The Contractor shall certify in writing, for itself and all its subcontractors, that as of the date of its contract, neither the Contractor nor its subcontractors are under suspension or debarment by the Commonwealth or any governmental entity, instrumentality, or authority.

The Contractor and its subcontractors shall also certify in writing that it has no tax liabilities or other Commonwealth obligations.

4. The Contractor and its subcontractors shall minimize pollution during performance of its contracted work and shall strictly comply with all applicable environmental laws and regulations.

5. The proposed contract between the Contractor and City of Easton may be submitted to the CFA for written approval.

6. Contract close-out requirements, as shown in the attached Article XIV, shall apply.

The Contractor shall provide cancelled checks which are received from subcontractors verifying the payment of eligible project costs incurred in accordance with the terms of this contract, and for resolving any findings contained in any audit reports. The cancelled checks shall be submitted within 45 days of final payment.

CFA-1

ARTICLE XIV

·CONTRACT CLOSEOUT REQUIREMENTS

Unless otherwise directed in writing by the Grantor, the Grantee shall, within 45 days of the

Grantee’s receipt of the final payment of grant funds under this Contract, submit copies of cancelled checks verifying the payment of eligible project costs incurred in accordance with the terms of this

Contract and copies of cancelled checks verifying the expenditure of any required matching funds.

All terms and conditions of this Contract will remain in effect and be binding upon the parties thereto until all cancelled checks, totaling the entire amount of grant funds received by the Grantee under this Contract and the entire amount of required matching funds, are submitted and accepted by the Grantor.

The Commonwealth reserves the right for state agencies or their authorized representative to perform audits of a financial or performance nature if deemed necessary. The costs for any such work performed by the state or federal agencies will be borne by those agencies at no additional expense to the Grantee. In the event that the Commonwealth audits this Contract, all costs deemed unallowable in any audit report are required to be returned by the Grantee to the Grantor.

CFA-2

COMMONWEALTH OF PENNSYLVANIA

PUBLIC WORKS EMPLOYMENT VERIFICATION FORM

Date

Business or Organization Name (Employer)

Address

City State Zip Code

Contractor Subcontractor (check one)

Contracting Public Body

Contract/Project No

Project Description

Project Location

As a contractor/subcontractor for the above referenced public works contract, I hereby affirm that as of the above date, our company is in compliance with the Public Works Employment Verification Act (‘the

Act’) through utilization of the federal E-Verify Program (EVP) operated by the United States Department of Homeland Security. To the best of my/our knowledge, all employees hired post January 1, 2013 are authorized to work in the United States.

It is also agreed to that all public works contractors/subcontractors will utilize the federal EVP to verify the employment eligibility of each new hire within five (5) business days of the employee start date throughout the duration of the public works contract. Documentation confirming the use of the federal

EVP upon each new hire shall be maintained in the event of an investigation or audit.

I, authorized representative of the company above, attest that the information contained in this verification form is true and correct and understand that the submission of false or misleading information in connection with the above verification shall be subject to sanctions provided by law.

Authorized Representative Signature

MJH

Text Box

PWVF

Statement regarding suspension, debarment, and tax liabilities.

I, hereby certify that (name of Contractor) and the listed below is/are not suspended or debarred by the Commonwealth of Pennsylvania or any governmental entity, instrumentality, or authority, and that it has no tax liabilities or other Commonwealth obligations.

Attest: Contractor’s authorized representative

Print name

Print name

Signature Signature

Title

Company name

Company address

List of Subcontractors:

S-1

NSHC-1

NONDISCRIMINATION/SEXUAL HARASSMENT CLAUSE

During the term of the Contract, the Applicant (known herein as “Grantee”), sub-grantee, contractors, sub-contractors and professional service providers, agrees as follows:

1. In the hiring of any employee(s) for the manufacture of supplies, performance of work, or any other activity required under the grant agreement or any subgrant agreement, contract, or subcontract, the Grantee, a subgrantee, a contractor, a subcontractor, or any person acting on behalf of the Grantee shall not discriminate by reason of race, gender, creed, color, sexual orientation, gender identity or expression, or in violation of the Pennsylvania Human Relations

Act (PHRA) and applicable federal laws, against any citizen of this Commonwealth who is qualified and available to perform the work to which the employment relates.

2. The Grantee, any subgrantee, contractor or any subcontractor or any person on their behalf shall not in any manner discriminate by reason of race, gender, creed, color, sexual orientation, gender identity or expression, or in violation of the PHRA and applicable federal laws, against or intimidate any of its employees.

3. Neither the Grantee nor any subgrantee nor any contractor nor any subcontractor nor any person on their behalf shall in any manner discriminate by reason of race, gender, creed, color, sexual orientation, gender identity or expression, or in violation of the PHRA and applicable federal laws, in the provision of services under the grant agreement, subgrant agreement, contract or subcontract.

4. Neither the Grantee nor any subgrantee nor any contractor nor any subcontractor nor any person on their behalf shall in any manner discriminate against employees by reason of participation in or decision to refrain from participating in labor activities protected under the Public Employee

Relations Act, Pennsylvania Labor Relations Act or National Labor Relations Act, as applicable and to the extent determined by entities charged with such Acts' enforcement, and shall comply with any provision of law establishing organizations as employees' exclusive representatives.

5. The Grantee, any subgrantee, contractor or any subcontractor shall establish and maintain a written nondiscrimination and sexual harassment policy and shall inform their employees in writing of the policy. The policy must contain a provision that sexual harassment will not be tolerated and employees who practice it will be disciplined. Posting this

Nondiscrimination/Sexual Harassment Clause conspicuously in easily-accessible and well-lighted places customarily frequented by employees and at or near where the grant services are performed shall satisfy this requirement for employees with an established work site.

6. The Grantee, any subgrantee, contractor or any subcontractor shall not discriminate by reason of race, gender, creed, color, sexual orientation, gender identity or expression, or in violation of the PHRA and applicable federal laws, against any subgrantee, contractor, subcontractor or supplier who is qualified to perform the work to which the grant relates.

7. The Grantee and each subgrantee, contractor and subcontractor represents that it is presently in compliance with and will maintain compliance with all applicable federal, state, and local laws and regulations relating to nondiscrimination and sexual harassment. The Grantee and each subgrantee, contractor and subcontractor further represents that it has filed a Standard Form 100

Employer Information Report (“EEO-1”) with the U.S. Equal Employment Opportunity

Commission (“EEOC”) and shall file an annual EEO-1 report with the EEOC as required for

NSHC-2

employers’ subject to Title VII of the Civil Rights Act of 1964, as amended, that have 100 or more employees and employers that have federal government contracts or first-tier subcontracts and have 50 or more employees. The Grantee, any subgrantee, any contractor or any subcontractor shall, upon request and within the time periods requested by the Commonwealth, furnish all necessary employment documents and records, including EEO-1 reports, and permit access to their books, records, and accounts by the granting agency and the Bureau of Diversity, Inclusion and Small Business

Opportunities for the purpose of ascertaining compliance with the provisions of this

Nondiscrimination/Sexual Harassment Clause.

8. The Grantee, any subgrantee, contractor or any subcontractor shall include the provisions of this Nondiscrimination/Sexual Harassment Clause in every subgrant agreement, contract or subcontract so that those provisions applicable to subgrantees, contractors or subcontractors will be binding upon each subgrantee, contractor or subcontractor.

9. The Grantee's and each subgrantee's, contractor's and subcontractor's obligations pursuant to these provisions are ongoing from and after the effective date of the grant agreement through the termination date thereof. Accordingly, the Grantee and each subgrantee, contractor and subcontractor shall have an obligation to inform the Commonwealth if, at any time during the term of the grant agreement, it becomes aware of any actions or occurrences that would result in violation of these provisions.

10. The Commonwealth may cancel or terminate the grant agreement and all money due or to become due under the grant agreement may be forfeited for a violation of the terms and conditions of this Nondiscrimination/Sexual Harassment Clause. In addition, the granting agency may proceed with debarment or suspension and may place the Grantee, subgrantee, contractor, or subcontractor in the Contractor Responsibility File.

Signature Date

Printed Name & Title Company Name

MAINTENANCE BOND

KNOW ALL MEN BY THOSE PRESENT that we (1) and (2) hereinafter called “PRINCIPAL” AND (3) State of hereinafter called the “Surety”, are held and firmly bound into (4) hereinafter called “Owner’ in the penal sum of *

Dollars ($ ) in lawful money of the United States, for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, executors administrators, and successors, jointly and severally, firmly by these present.

THE CONDITION OF THIS OBLIGATION is such that Whereas, the Principal entered into a certain contract with the owner, dated the day of . 20 , a copy of which is hereto attached and made a part hereof for the construction of

NOW, THEREFORE if the Principal shall, truly and faithfully perform its duties in regard to the correction of defects in material or workmanship that occur during the period of one (1) year following completion and acceptance by the Owner, with or without notice to the Surety, and if the Principle shall satisfy all claims and demands arising out of such defects including all costs of replacement, labor, and finishes, whether such work be by subcontractor or otherwise, then this obligation shall be void, otherwise to remain in full force and effect.

PROVIDED, FURTHER, that said Surety, for value received hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligation on this bond, and does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work or to the specifications.

*10% of contract amount

MB-l

MAINTENANCE BOND

PROVIDED, FURTHER that no final settlement between the Owner and the Contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied.

IN WITNESS WHEREOF, this instrument is executed in six (6) counterparts, each one of which shall be deemed an original, this the day of , 20 .

ATTEST:

Principal

(Principal) Secretary

(SEAL) By (S)

Witness as to Principal

ATTEST:

Surety

(Surety) Secretary

Attorney-in-Fact

Witness as to Surety

Note: Date of Bond must not be prior to date of Contract.

1. Correct name of Contractor.

2. A Corporation, a Partnership, or an Individual, as case may be.

3. Correct name of Surety.

4. Correct name of Owner.

5. If Contractor is Partnership all partners should execute Bond.

MB-2

CONSENT OF SURETY

For Final Payment

Project Name Location Project No. Contract No.

Type of Contract Amount of Contract

In accordance with the provisions of the above-named contract between the Owner and the

Contractor, the following named surety:

on the Payment Bond of the following named Contractor:

hereby approves of final payment to the Contractor, and further agrees that said final payment to the Contractor shall not relieve the Surety Company named herein of any of its obligations to the following named Owner: as set forth in said Surety company’s bond:

IN WITNESS WHEREOF, the Surety Company has hereunto set its hand and seal this day of 20 .

(Name of Surety Company)

(Signature of Authorized Representative) (Affix corporate seal here) TITLE

CS