Attachment F - MAINTENANCE _ GUARANTEE BOND.pdf

Macomb Township Attachment F

MAINTENANCE & GUARANTEE BOND

(Type Written Only)

The undersigned,___________________________________________________________, “Principal,” whose address is ___________________________________________________________________, and ___________________________________________________________________________________ “Surety,” whose address is _________________________________________, will pay Macomb Township, “Township,” and its legal representatives or assigns, the sum of _________________________________________ Dollars ($____________________) in lawful currency of the United States of America, as provided in this Bond, for which payment we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally.

The Principal has constructed, or contracted to construct, certain improvements consisting of _________________________________________________________________________________ within Macomb Township, detailed in Request for Proposals 25-001 dated __________________________ (“Improvements”).

The Principal, for a period of 2 year(s) after said improvements and installations are accepted formally as a public improvement by Macomb Township, shall keep the improvements in good functioning order by immediately repairing any defect in same, whether due to improper or defective materials, equipment, labor, workmanship, or otherwise, and shall restore the improvements and any other property of the Township or third persons affected by the defect(s) or repair(s), without expense to the Township, whenever directed to do so by written notice from the Township, served personally or by mail on the Principal and Surety at their respective addresses as stated in this Bond. Principal and Surety consent to such service on their employees and/or agents.

If the repairs directed by the Township are not completed within the time specified in the notice, which shall not be less than one week from service of the notice, the Township shall have the right to perform the repairs or secure the performance of the repairs, with all costs and expenses in doing so, including an administrative fee equal to twenty-five percent (25%) of the repair costs, charged to and to be received from the Principal or Surety.

Emergency repairs that are necessary to protect life and property may be undertaken by the Township immediately and without advance notice to the Principal and Surety, with the cost and expense of the repair, plus the administrative fee, to be charged to and to be received from the Principal or Surety.

Any repairs the Township may perform, as provided in this Bond, may be performed by Township employees, agents, or independent contractors. The Township shall not be required to utilize competitive bidding unless otherwise required by applicable law, with labor cost and expense charges when Township employees are utilized to be based on the hourly cost to the Township of the employee(s) performing the repair.

This Bond and the obligations of Principal and Surety under it shall be in full force and effect for the Improvements described above for two (2) year(s) from the time they are accepted formally as an improvement by Macomb Township, for defects discovered within that period for which the Township provides written notice to the Principal and Surety within fourteen (14) days of discovery of the defect.

It is a further condition of this Bond that the Principal and Surety shall fully indemnify, defend, and hold the Township and its officers, officials, and employees harmless from all claims for damages or injuries to persons or property arising from or related to the acts or omissions of Principal, its servants, agents, or employees in the construction or repair of the improvements, including claims arising under the worker’s compensation laws of the State of Michigan.

This Bond was executed by the Principal and Surety on the dates indicated below, with the authority of the persons signing this Bond confirmed by the attachments hereto.

Macomb Township Attachment F

The date of the last signature shall be considered the date of this Bond, which is__________________________.

CONTRACTOR AS PRINCIPAL

Company: _____________________________ Date: ____________________________

Signature: _____________________________ Witness Signature:___________________________

Name: _____________________________ Witness Name: _____________________________

Title: _____________________________

SURETY

Company: _____________________________ Date: _____________________________

Signature: _____________________________ Witness Signature:___________________________

Name: _____________________________ Witness Name: _____________________________

Title: _____________________________