1-West Earl Salt Shed Bid Documents.pdf

This document is a MODIFIED version of EJCDC® C-111, Copyright © 2013 by the National Society of Professional Engineers, American Society of Civil Engineers, and American Council of Engineering Companies, or is based in part on excerpts from EJCDC documents. Those portions of the text that originated in published EJCDC documents remain subject to the copyright.

WEST EARL TOWNSHIP

SALT SHED REPLACEMENT

ADVERTISEMENT FOR BIDS

Sealed Bids for work associated with replacing a salt shed building located at the West Earl Municipal Complex located at 157 W. Metzler Road will be received online by West Earl Township via the PennBid Program until 10 am local time on Tuesday, July 7, 2026 at which time the Bids will be made available online.

Bids will be received for a single prime Contract. Bids shall be on a lump sum basis.

All Bidding Documents are available at no cost at https://pennbid.bonfirehub.com/.

Bid Security in the amount of 10% of the Bid amount, the Workmen’s Compensation Affidavit, Public Works Employment Verification Form and an Anti-Collusion Affidavit must accompany the Bid in accordance with the Instructions to Bidders.

Bids shall remain open for a period of 60 days from the date of Bid opening. Bids may not be withdrawn during this period. The successful Bidder(s) shall be required to furnish performance and payment bonds in the amount of 100% of the Contract Price.

This project is subject to the Pennsylvania Department of Labor and Industry Prevailing Wage Rates per PA Act 89.

West Earl Township hereby reserves the right to reject any and/or all bids submitted or any part thereof or item therein. The Owner also reserves the right to waive any defects, errors, omissions, irregularities, or informalities in bids received.

+ + END OF ADVERTISEMENT FOR BIDS + +

4" = 1'-0"

Elevations

FRONT EAVE ELEVATIONLEFT GABLE ELEVATION

5'

REAR EAVE ELEVATION

25'

1'

95'

RIGHT GABLE ELEVATION

5'

25'

1'

A

A

FINAL DESIGN OF ALL COMPONENTS OF THE SALT STORAGE BUILDING SHALL BE COMPLETED BY THE AWARDED CONTRACTOR'S DELEGATED DESIGN ENGINEER. THIS SHALL INCLUDE, BUT NOT LIMITED TO; FOUNDATIONS, FLOOR SLAB, EXTERIOR WALL, WOOD WALLS, WOOD GIRDERS, WOOD ROOF TRUSSES, CONNECTIONS, LATERAL LOAD RESISTING SYSTEM, AND ANY OTHER REQUIREMENTS. PA ENGINEERED SEALED DRAWINGS SHALL BE PROVIDED BY THE CONTRACTOR FOR REVIEW AND APPROVAL BY WEST EARL TOWNSHIP.

ELEVATIONS

SALT SHED SCHEMATIC PLAN

95'

20' 23'-4" 23'-4"23'-4"1' 1' 1' 1' 1'

FOUNDATION FLOOR PLAN

8'-0"

1'-0"

8' -0

A

A

FINAL DESIGN OF ALL COMPONENTS OF THE SALT STORAGE BUILDING SHALL BE COMPLETED BY THE AWARDED CONTRACTOR'S DELEGATED DESIGN ENGINEER. THIS SHALL INCLUDE, BUT NOT LIMITED TO; FOUNDATIONS, FLOOR SLAB, EXTERIOR WALL, WOOD WALLS, WOOD GIRDERS, WOOD ROOF TRUSSES, CONNECTIONS, LATERAL LOAD RESISTING SYSTEM, AND ANY OTHER REQUIREMENTS. PA ENGINEERED SEALED DRAWINGS SHALL BE PROVIDED BY THE CONTRACTOR FOR REVIEW AND APPROVAL BY WEST EARL TOWNSHIP.

SALT SHED SCHEMATIC PLAN

Truss As Per Manufacturer @ 48" o.c.

4-Ply 2x6 Glulam Post

2x12 MSR Roof Headers

6" Fascia

2x6 #2 SPF Faceboard

6" 4500 psi Fibermesh Concrete Slab w/ fiberglass rebar grid 12" o.c. each way with Top Sealer

6" Stone Base

Simpson H10A Hurricane Ties (Interior) Simpson H2.5A Hurricane Ties (Gable)

WALL SECTION A-A

3 " = 1'-0"

Base Angle

2x8 PT Skirtboard

2x4 #2 SPF Purlins @ 24" o.c.

28 Ga. ABM Panel Painted Steel Siding

2x4 #2 SPF Purlins @ 24" o.c.

28 Ga. ABM Panel Painted Roof Steel

2x6 #2 SPF Knee Bracing

Sturdi-Wall Brackets

(SWP64GL)

2x6x18" Support Blocks

House Wrap

Earth

Grade

12" Thick Poured Concrete Wall with Rebar Reinforcement (See Poured Wall Section/Details)

8'

3'-6"

Sealant Caulk

1' 3'-6" 2' 10' Max Fill Line (4" wide, yellow paint)

2x6 PT

2x4 PT

4' High, 34" PT Plywood

4'

FINAL DESIGN OF ALL COMPONENTS OF THE SALT STORAGE BUILDING SHALL BE COMPLETED BY THE AWARDED CONTRACTOR'S DELEGATED DESIGN ENGINEER. THIS SHALL INCLUDE, BUT NOT LIMITED TO; FOUNDATIONS, FLOOR SLAB, EXTERIOR WALL, WOOD WALLS, WOOD GIRDERS, WOOD ROOF TRUSSES, CONNECTIONS, LATERAL LOAD RESISTING SYSTEM, AND ANY OTHER REQUIREMENTS. PA ENGINEERED SEALED DRAWINGS SHALL BE PROVIDED BY THE CONTRACTOR FOR REVIEW AND APPROVAL BY WEST EARL TOWNSHIP.

1' 4"

#5 Vertical Bars @ 12" o.c. each face with #4 Bars Horizontal at 18" o.c., each face

SALT SHED SCHEMATIC PLAN

3' 4"

Salt Shed Replacement

West Earl Township

Special Provisions

1. COMPLETION OF WORK: A#er star$ng work, the contractor shall work con$nuously, u$lizing not less than the normal five (5) day week, excluding holidays, unless otherwise stated. He/She shall at no $me cease opera$ons for any reason other than inclement weather without the express permission of the Engineer.

2. SITE RESTORATION: The site restora$on shall consist of the following work: (a) protect exis$ng surfaces to the extent possible during construc$on and clean to exis$ng condi$ons at a minimum; (b) grading adjoining ground to 4:1 max slopes; (c) furnishing and placing topsoil, seed, mulch and soil supplements in all areas of earth disturbance and all areas where concrete, asphalt, or stone is removed and not replaced; (d) prompt removal of debris and all site cleanup.

The site restora$on area shall include all areas disturbed as part of the building construc$on. All seeded areas must be fully established, free of weeds and surface irregulari$es, with coverage exceeding 70 percent. Any re-seeding shall be completed as deemed necessary during the contract and maintenance period. Payment for this item of work will be incidental to the contract.

3. MOBILIZATION: Mobiliza$on and demobiliza$on, assembling and se?ng up for all items of work, PA One Call, storage areas (loca$ons to be pre-approved with Township), sanitary and other facili$es, as required by local and State laws and regula$ons. The cost of local permits and/or any other ini$al expense required for the start of work will be included in this item; including the submission of PA-engineered sealed drawings and product / material submiAals to the Township

Engineer. The bid will be based on a lump sum basis to be paid based on the percentage of comple$on submiAed. Once the project reaches 75% complete, the mobiliza$on will be paid in full.

4. SCOPE OF WORK: Supply and install all work and materials for the installa$on of a 25’ x 95’ x 22’ salt shed at 157 West Metzler Road Ephrata, PA 17522 as shown on the Salt Shed Schema$c

Plan. Work includes but is not limited to:

• 25’ span wood roof trusses, 9/12–3/12 Pitch, 48” o.c., 35# ground snow load, 30-5-5 loading

• 60” front eave overhang (no soffit)

• 12” rear eave overhang (no soffit)

• Flush gable overhangs

• 10’ Inside Height above 12’ poured concrete wall. 22’ total inside height

• Glulam Posts @ 8’ o.c.

• 2x8 pressure treated skirtboard

• 2x4 #2 spf exterior wall girts and roof purlins @ 24” o.c.

• MSR / LVL / Glulam Beam roof headers

• 12’ High, 12” thick 4500 psi concrete poured walls w/ rebar reinforcement, 4-Bay storage with concrete dividers (includes digging and backfill of foo$ngs and walls, max fill line paint)

Salt Shed Replacement

• AAach Glulam posts to concrete wall with “wet-set” sturdi-wall brackets w/ rebar

• 28 ga. painted roof metal, 40 yr. warranty (color TBD by customer)

• 28 ga. painted side metal, 40 yr. warranty (color TBD by customer)

• Ridge vent

• 95’ front eave wall open

• 4’ high, ¾” PT Plywood Liner along inside perimeter above concrete wall

• 2x6 / 6x6 Y-Bracing

• 2x6 Knee bracing

• 6” Stone base under floor in 25’ x 95’ area

• 6” Thick, 4500psi Concrete Floor in 25’ x 95’ area with fiberglass rebar reinforcement @

12” o.c. each way.

• 6” guAer with 3x4 downspouts on front eave only

• All hardware shall be hot dipped galvanized

• PA Engineered sealed structural drawings / final design plans

• Prevailing wage labor

• Trash removal

• Jobsite toilet

• Payment / Performance Bonds & Insurance Cer$ficates

5. WORK BY OTHERS: Demoli$on of the exis$ng shed, prepara$on of the subgrade beneath the 6” stone base, and final asphalt paving restora$on will be performed by others.

6. BONDS: Payment and performance bonds in the amount of 100% of the contract shall be provided by the successful bidder. The contractor will provide the municipality with a performance bond, condi$oned upon the faithful performance of the contract in accordance with the plans, specifica$ons and condi$ons thereof, and a payment bond, condi$oned on the prompt payment of all material furnished and labor supplied or performed in the prosecu$on of the work, in accordance with the Public Works Contractors’ Bond Law of 1967; and an affidavit accep$ng the provisions of the Workmen’s Compensa$on Act of 1915, as amended. Failure to submit the bonds shall cons$tute grounds to cancel the contract.

7. PREVAILING WAGES: This project is subject to the Pennsylvania Department of Labor and

Industry Prevailing Wage Rates per PA Act 89.

8. LAWS AND REGULATIONS: The contractor will comply with all requirements of the laws and implemen$ng regula$ons of the Commonwealth of Pennsylvania and the United States rela$ng to human rela$ons, equal opportunity and non-discrimina$on in employment, and will pay to workmen employed in the performance of the contract the wages to which they may be en$tled.

9. PROJECT SCHEDULE: The contract is an$cipated to be awarded at a Township Board of

Supervisors’ mee$ng on July 13, 2026. No$ce to Proceed is an$cipated to be given on July 27, 2026 with substan$al comple$on to occur 90 days later (October 29, 2026).

COMMONWEALTH OF PENNSYLVANIA

PUBLIC WORKS EMPLOYMENT VERIFICATION FORM

Date _______________________

Business or Organization Name (Employer)_________________________________________________

Address _____________________________________________________________________________

City _____________________________________ State_____________ Zip Code ________________

Contractor {dzōŎƻƴǘNJŀŎǘƻNJ όŎƘŜŎƪ ƻƴŜύ

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

C-410A

C-410B

NON-COLLUSION AFFIDAVIT

I state that I am ________________________________ of __________________________________ (title) (name of firm) and that I am authorized to make this affidavit on behalf of my firm and its owners, directors, and officers. I am the person responsible in my firm for the prices and the amount of this Bid.

I state that:

1. The prices and amount of this Bid have been arrived at independently and without consultation, communication or agreement with any other contractor, bidder, or potential bidder.

2. Neither the price nor the amount of this Bid, and neither the approximate price nor approximate amount of this Bid, have been disclosed to any other firm or person who is a bidder or a potential bidder, and they will not be disclosed before Bid opening.

3. No attempt has been made or will be made to induce any firm or person to refrain from bidding on this contract, or to submit a bid higher than this Bid, or to submit any intentionally high or noncompetitive bid or other form of complementary bid.

4. The Bid of my firm is in good faith and not pursuant to any agreement or discussion with, or inducement from, any firm or person to submit a complementary or other noncompetitive bid.

5. ____________________________________ its affiliates, subsidiaries, officers, directors and employees (name of firm) are not currently under investigation by any governmental agency and have not in the last four (4) years been convicted or found liable for any act prohibited by State or Federal law in any jurisdiction involving conspiracy or collusion with respect to bidding on any public contract except as follows:

I state that ______________________________________ understands and acknowledges the above (name of firm) representations are material and important and will be relied upon by __________________________________ (Owner) in awarding the contract(s) for which this Bid is submitted. I understand and my firm understands that any misstatement in this affidavit is and shall be treated as fraudulent concealment from the Owner of the true facts relating to the submission of bids for this Contract.

(name of firm)

By: ____________________________________________

Title: ___________________________________________

Sworn to before me this ______ Day of _________________, 20___

My commission expires: ________________________________________

Signature of Notary Public: ______________________________________

Type or print name below each signature.

C-410C

AFFIDAVIT RE:

ACCEPTING PROVISIONS OF THE WORKMEN’S COMPENSATION ACT

State of )

) ss:

County of ) being duly sworn according to law deposes and says that they have accepted the provisions of the Workmen’s Compensation Act of 1915 of the Commonwealth of Pennsylvania, with its supplements and amendments, and have insured their liability thereunder in accordance with the terms of said

Act with .

(SURETY COMPANY)

(TYPE OR PRINT) CONTRACTOR

BY

SIGNATURE

Sworn to and subscribed before me this day of A.D. 20 .

SIGNATURE

My Commission Expires ( DATE )

DAMAGES FORM

EJCDC® C-435, Bid Bond (Damages Form). Published 2013.

Prepared by the Engineers Joint Contract Documents Committee.

BID BOND

Any singular reference to Bidder, Surety, Owner, or other party shall be considered plural where applicable.

BIDDER (Name and Address):

SURETY (Name, and Address of Principal Place of Business):

OWNER (Name and Address):

BID

Bid Due Date:

Description (Project Name— Include Location):

BOND

Bond Number:

Date:

Penal sum $ (Words) (Figures) Surety and Bidder, intending to be legally bound hereby, subject to the terms set forth below, do each cause this Bid Bond to be duly executed by an authorized officer, agent, or representative.

BIDDER SURETY

(Seal) (Seal) Bidder’s Name and Corporate Seal Surety’s Name and Corporate Seal

By: By:

Signature Signature (Attach Power of Attorney)

Print Name Print Name

Title Title

Attest: Attest:

Signature Signature

Note: Addresses are to be used for giving any required notice.

Provide execution by any additional parties, such as joint venturers, if necessary.

EJCDC

ENGINEERS JOINT CONTRACT

DOCUMENTS COMMITTEE

DAMAGES FORM

EJCDC® C-435, Bid Bond (Damages Form). Published 2013.

Prepared by the Engineers Joint Contract Documents Committee.

1. Bidder and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to pay to Owner upon default of Bidder any difference between the total amount of Bidder’s Bid and the total amount of the Bid of the next lowest, responsible Bidder that submitted a responsive Bid as determined by Owner for the work required by the Contract Documents, provided that:

1.1 If there is no such next Bidder, and Owner does not abandon the Project, then Bidder and Surety shall pay to Owner the penal sum set forth on the face of this Bond, and

1.2 In no event shall Bidder’s and Surety’s obligation hereunder exceed the penal sum set forth on the face of this Bond.

1.3 Recovery under the terms of this Bond shall be Owner’s sole and exclusive remedy upon default of Bidder.

2. Default of Bidder shall occur upon the failure of Bidder to deliver within the time required by the Bidding Documents (or any extension thereof agreed to in writing by Owner) the executed Agreement required by the Bidding Documents and any performance and payment bonds required by the Bidding Documents.

3. This obligation shall be null and void if:

3.1 Owner accepts Bidder’s Bid and Bidder delivers within the time required by the Bidding Documents (or any extension thereof agreed to in writing by Owner) the executed Agreement required by the Bidding Documents and any performance and payment bonds required by the Bidding Documents, or

3.2 All Bids are rejected by Owner, or

3.3 Owner fails to issue a Notice of Award to Bidder within the time specified in the Bidding Documents (or any extension thereof agreed to in writing by Bidder and, if applicable, consented to by Surety when required by Paragraph 5 hereof).

4. Payment under this Bond will be due and payable upon default of Bidder and within 30 calendar days after receipt by Bidder and Surety of written notice of default from Owner, which notice will be given with reasonable promptness, identifying this Bond and the Project and including a statement of the amount due.

5. Surety waives notice of any and all defenses based on or arising out of any time extension to issue Notice of Award agreed to in writing by Owner and Bidder, provided that the total time for issuing Notice of Award including extensions shall not in the aggregate exceed 120 days from Bid due date without Surety’s written consent.

6. No suit or action shall be commenced under this Bond prior to 30 calendar days after the notice of default required in Paragraph 4 above is received by Bidder and Surety and in no case later than one year after the Bid due date.

7. Any suit or action under this Bond shall be commenced only in a court of competent jurisdiction located in the state in which the Project is located.

8. Notices required hereunder shall be in writing and sent to Bidder and Surety at their respective addresses shown on the face of this Bond. Such notices may be sent by personal delivery, commercial courier, or by United States Registered or Certified Mail, return receipt requested, postage pre-paid, and shall be deemed to be effective upon receipt by the party concerned.

9. Surety shall cause to be attached to this Bond a current and effective Power of Attorney evidencing the authority of the officer, agent, or representative who executed this Bond on behalf of Surety to execute, seal, and deliver such Bond and bind the Surety thereby.

10. This Bond is intended to conform to all applicable statutory requirements. Any applicable requirement of any applicable statute that has been omitted from this Bond shall be deemed to be included herein as if set forth at length. If any provision of this Bond conflicts with any applicable statute, then the provision of said statute shall govern and the remainder of this Bond that is not in conflict therewith shall continue in full force and effect.

11. The term “Bid” as used herein includes a Bid, offer, or proposal as applicable.

EJCDC

ENGINEERS JOINT CONTRACT

DOCUMENTS COMMITTEE

EJCDC® C-610, Performance Bond

Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 1 of 3

PERFORMANCE BOND

CONTRACTOR (name and address):

SURETY (name and address of principal place of business):

OWNER (name and address): West Earl Township, 157 W. Metzler Road, Brownstown, PA 17508

CONSTRUCTION CONTRACT

Effective Date of the Agreement:

Amount:

Description (name and location): West Earl Salt Shed

BOND

Bond Number:

Date (not earlier than the Effective Date of the Agreement of the Construction Contract):

Amount:

Modifications to this Bond Form: None See Paragraph 16

Surety and Contractor, intending to be legally bound hereby, subject to the terms set forth below, do each cause this Performance Bond to be duly executed by an authorized officer, agent, or representative.

CONTRACTOR AS PRINCIPAL SURETY

(seal) (seal)

Contractor’s Name and Corporate Seal Surety’s Name and Corporate Seal

Signature Signature (attach power of attorney)

Notes: (1) Provide supplemental execution by any additional parties, such as joint venturers. (2) Any singular reference to

Contractor, Surety, Owner, or other party shall be considered plural where applicable.

Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 2 of 3

1. The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to the Owner for the performance of the Construction

Contract, which is incorporated herein by reference.

2. If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except when applicable to participate in a conference as provided in

Paragraph 3.

3. If there is no Owner Default under the Construction Contract, the Surety’s obligation under this Bond shall arise after:

3.1 The Owner first provides notice to the Contractor and

the Surety that the Owner is considering declaring a Contractor

Default. Such notice shall indicate whether the Owner is requesting a conference among the Owner, Contractor, and

Surety to discuss the Contractor’s performance. If the Owner does not request a conference, the Surety may, within five (5) business days after receipt of the Owner’s notice, request such a conference. If the Surety timely requests a conference, the

Owner shall attend. Unless the Owner agrees otherwise, any conference requested under this Paragraph 3.1 shall be held within ten (10) business days of the Surety’s receipt of the

Owner’s notice. If the Owner, the Contractor, and the Surety agree, the Contractor shall be allowed a reasonable time to perform the Construction Contract, but such an agreement shall not waive the Owner’s right, if any, subsequently to declare a

Contractor Default;

3.2 The Owner declares a Contractor Default, terminates

the Construction Contract and notifies the Surety; and

3.3 The Owner has agreed to pay the Balance of the

Contract Price in accordance with the terms of the Construction

Contract to the Surety or to a contractor selected to perform the

Construction Contract.

4. Failure on the part of the Owner to comply with the notice requirement in Paragraph 3.1 shall not constitute a failure to comply with a condition precedent to the Surety’s obligations, or release the

Surety from its obligations, except to the extent the Surety demonstrates actual prejudice.

5. When the Owner has satisfied the conditions of Paragraph 3, the

Surety shall promptly and at the Surety’s expense take one of the following actions:

5.1 Arrange for the Contractor, with the consent of the

Owner, to perform and complete the Construction Contract;

5.2 Undertake to perform and complete the Construction

Contract itself, through its agents or independent contractors;

5.3 Obtain bids or negotiated proposals from qualified

contractors acceptable to the Owner for a contract for performance and completion of the Construction Contract, arrange for a contract to be prepared for execution by the

Owner and a contractor selected with the Owners concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the

Construction Contract, and pay to the Owner the amount of damages as described in Paragraph 7 in excess of the Balance of the Contract Price incurred by the Owner as a result of the

Contractor Default; or

5.4 Waive its right to perform and complete, arrange for

completion, or obtain a new contractor, and with reasonable promptness under the circumstances:

5.4.1 After investigation, determine the amount for

which it may be liable to the Owner and, as soon as practicable after the amount is determined, make payment to the Owner; or

5.4.2 Deny liability in whole or in part and notify the

Owner, citing the reasons for denial.

6. If the Surety does not proceed as provided in Paragraph 5 with reasonable promptness, the Surety shall be deemed to be in default on this Bond seven days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Paragraph 5.4, and the Owner refuses the payment or the

Surety has denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any remedy available to the

Owner.

7. If the Surety elects to act under Paragraph 5.1, 5.2, or 5.3, then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. Subject to the commitment by the Owner to pay the Balance of the Contract

Price, the Surety is obligated, without duplication for:

7.1 the responsibilities of the Contractor for correction of defective work and completion of the Construction Contract;

7.2 additional legal, design professional, and delay costs resulting from the Contractor’s Default, and resulting from the actions or failure to act of the Surety under Paragraph 5; and

7.3 liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages caused by delayed performance or non-performance of the Contractor.

8. If the Surety elects to act under Paragraph 5.1, 5.3, or 5.4, the

Surety’s liability is limited to the amount of this Bond.

9. The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction

Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators, successors, and assigns.

Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 3 of 3

10. The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders, and other obligations.

11. Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after a declaration of Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this

Bond, whichever occurs first. If the provisions of this paragraph are void or prohibited by law, the minimum periods of limitations available to sureties as a defense in the jurisdiction of the suit shall be applicable.

12. Notice to the Surety, the Owner, or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears.

13. When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond.

14. Definitions

14.1 Balance of the Contract Price: The total amount

payable by the Owner to the Contractor under the Construction

Contract after all proper adjustments have been made including allowance for the Contractor for any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, reduced by all valid and proper payments made to or on behalf of the

Contractor under the Construction Contract.

14.2 Construction Contract: The agreement between the

Owner and Contractor identified on the cover page, including all

Contract Documents and changes made to the agreement and the Contract Documents.

14.3 Contractor Default: Failure of the Contractor, which

has not been remedied or waived, to perform or otherwise to comply with a material term of the Construction Contract.

14.4 Owner Default: Failure of the Owner, which has not

been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction

Contract.

14.5 Contract Documents: All the documents that comprise

the agreement between the Owner and Contractor.

15. If this Bond is issued for an agreement between a contractor and subcontractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be

Contractor.

16. Modifications to this Bond are as follows:

EJCDC® C-615, Payment Bond

Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 1 of 3

PAYMENT BOND

CONTRACTOR (name and address):

SURETY (name and address of principal place of business):

OWNER (name and address): West Earl Township, 157 W. Metzler Road, Brownstown, PA 17508

CONSTRUCTION CONTRACT

Effective Date of the Agreement:

Description (name and location): West Earl Salt Shed

BOND

Bond Number:

Date (not earlier than the Effective Date of the Agreement of the Construction Contract):

Modifications to this Bond Form: None See Paragraph 18

Surety and Contractor, intending to be legally bound hereby, subject to the terms set forth below, do each cause this Payment Bond to be duly executed by an authorized officer, agent, or representative.

CONTRACTOR AS PRINCIPAL SURETY

(seal) (seal)

Contractor’s Name and Corporate Seal Surety’s Name and Corporate Seal

Signature Signature (attach power of attorney)

Notes: (1) Provide supplemental execution by any additional parties, such as joint venturers. (2) Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable.

Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 2 of 3

1. The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to the Owner to pay for labor, materials, and equipment furnished for use in the performance of the Construction Contract, which is incorporated herein by reference, subject to the following terms.

2. If the Contractor promptly makes payment of all sums due to Claimants, and defends, indemnifies, and holds harmless the Owner from claims, demands, liens, or suits by any person or entity seeking payment for labor, materials, or equipment furnished for use in the performance of the Construction Contract, then the Surety and the Contractor shall have no obligation under this

Bond.

3. If there is no Owner Default under the Construction

Contract, the Surety’s obligation to the Owner under this

Bond shall arise after the Owner has promptly notified the

Contractor and the Surety (at the address described in

Paragraph 13) of claims, demands, liens, or suits against the Owner or the Owner’s property by any person or entity seeking payment for labor, materials, or equipment furnished for use in the performance of the Construction

Contract, and tendered defense of such claims, demands, liens, or suits to the Contractor and the Surety.

4. When the Owner has satisfied the conditions in Paragraph

3, the Surety shall promptly and at the Surety’s expense defend, indemnify, and hold harmless the Owner against a duly tendered claim, demand, lien, or suit.

5. The Surety’s obligations to a Claimant under this Bond shall arise after the following:

5.1 Claimants who do not have a direct contract with

the Contractor,

5.1.1 have furnished a written notice of non-payment to the Contractor, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were, or equipment was, furnished or supplied or for whom the labor was done or performed, within ninety (90) days after having last performed labor or last furnished materials or equipment included in the

Claim; and

5.1.2 have sent a Claim to the Surety (at the address described in Paragraph 13).

5.2 Claimants who are employed by or have a direct

contract with the Contractor have sent a Claim to the Surety (at the address described in Paragraph

13).

6. If a notice of non-payment required by Paragraph 5.1.1 is given by the Owner to the Contractor, that is sufficient to satisfy a Claimant’s obligation to furnish a written notice of non-payment under Paragraph 5.1.1.

7. When a Claimant has satisfied the conditions of Paragraph

5.1 or 5.2, whichever is applicable, the Surety shall promptly and at the Surety’s expense take the following actions:

7.1 Send an answer to the Claimant, with a copy to the

Owner, within sixty (60) days after receipt of the

Claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed; and

7.2 Pay or arrange for payment of any undisputed

amounts.

7.3 The Surety’s failure to discharge its obligations

under Paragraph 7.1 or 7.2 shall not be deemed to constitute a waiver of defenses the Surety or

Contractor may have or acquire as to a Claim, except as to undisputed amounts for which the

Surety and Claimant have reached agreement. If, however, the Surety fails to discharge its obligations under Paragraph 7.1 or 7.2, the Surety shall indemnify the Claimant for the reasonable attorney’s fees the Claimant incurs thereafter to recover any sums found to be due and owing to the Claimant.

8. The Surety’s total obligation shall not exceed the amount of this Bond, plus the amount of reasonable attorney’s fees provided under Paragraph 7.3, and the amount of this

Bond shall be credited for any payments made in good faith by the Surety.

9. Amounts owed by the Owner to the Contractor under the

Construction Contract shall be used for the performance of the Construction Contract and to satisfy claims, if any, under any construction performance bond. By the

Contractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and Surety under this Bond, subject to the Owner’s priority to use the funds for the completion of the work.

10. The Surety shall not be liable to the Owner, Claimants, or others for obligations of the Contractor that are unrelated to the Construction Contract. The Owner shall not be liable for the payment of any costs or expenses of any

Claimant under this Bond, and shall have under this Bond no obligation to make payments to or give notice on behalf of Claimants, or otherwise have any obligations to

Claimants under this Bond.

11. The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders, and other obligations.

Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 3 of 3

12. No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the state in which the project that is the subject of the

Construction Contract is located or after the expiration of one year from the date (1) on which the Claimant sent a

Claim to the Surety pursuant to Paragraph 5.1.2 or 5.2, or

(2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Contract, whichever of

(1) or (2) first occurs. If the provisions of this paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable.

13. Notice and Claims to the Surety, the Owner, or the

Contractor shall be mailed or delivered to the address shown on the page on which their signature appears.

Actual receipt of notice or Claims, however accomplished, shall be sufficient compliance as of the date received.

14. When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond.

15. Upon requests by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor and

Owner shall promptly furnish a copy of this Bond or shall permit a copy to be made.

16. Definitions

16.1 Claim: A written statement by the Claimant

including at a minimum:

1. The name of the Claimant;

2. The name of the person for whom the labor was done, or materials or equipment furnished;

3. A copy of the agreement or purchase order pursuant to which labor, materials, or equipment was furnished for use in the performance of the Construction Contract;

4. A brief description of the labor, materials, or equipment furnished;

5. The date on which the Claimant last performed labor or last furnished materials or equipment for use in the performance of the

Construction Contract;

6. The total amount earned by the Claimant for labor, materials, or equipment furnished as of the date of the Claim;

7. The total amount of previous payments received by the Claimant; and

8. The total amount due and unpaid to the

Claimant for labor, materials, or equipment furnished as of the date of the Claim.

16.2 Claimant: An individual or entity having a direct

contract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials, or equipment for use in the performance of the Construction Contract. The term Claimant also includes any individual or entity that has rightfully asserted a claim under an applicable mechanic’s lien or similar statute against the real property upon which the Project is located. The intent of this Bond shall be to include without limitation in the terms of “labor, materials, or equipment” that part of the water, gas, power, light, heat, oil, gasoline, telephone service, or rental equipment used in the Construction

Contract, architectural and engineering services required for performance of the work of the

Contractor and the Contractor’s subcontractors, and all other items for which a mechanic’s lien may be asserted in the jurisdiction where the labor, materials, or equipment were furnished.

16.3 Construction Contract: The agreement between

the Owner and Contractor identified on the cover page, including all Contract Documents and all changes made to the agreement and the Contract

Documents.

16.4 Owner Default: Failure of the Owner, which has

not been remedied or waived, to pay the

Contractor as required under the Construction

Contract or to perform and complete or comply with the other material terms of the Construction

Contract.

16.5 Contract Documents: All the documents that

comprise the agreement between the Owner and

Contractor.

17. If this Bond is issued for an agreement between a contractor and subcontractor, the term Contractor in this

Bond shall be deemed to be Subcontractor and the term

Owner shall be deemed to be Contractor.

18. Modifications to this Bond are as follows:

Insurance Requirements

The limits of liability for the insurance shall provide coverage for not less than the following amounts or greater where required by Laws and Regulations:

1. Workers’ Compensation, and related coverages:

State: Statutory

Federal, if applicable (e.g., Longshoreman’s): Statutory

Employer’s Liability:

Bodily injury, each accident $ 100,000.00

Bodily injury by disease, each employee $ 500,000.00

Bodily injury/disease aggregate $ 100,000.00

2. Contractor’s Commercial General Liability:

General Aggregate $ 2,000,000.00

Products - Completed Operations Aggregate $ 2,000,000.00

Personal and Advertising Injury $ 1,000,000.00

Each Occurrence (Bodily Injury and Property

Damage) $ 1,000,000.00

3. Automobile Liability:

Bodily Injury:

Each person $ 500,000.00

Each accident $ 1,000,000.00

Property Damage:

Each accident $ 500,000.00

OR

Combined Single Limit of $ 2,000,000.00

4. Excess or Umbrella Liability:

Per Occurrence $ 1,000,000.00

General Aggregate $ 2,000,000.00

5. Include as additional insureds the following:

Lancaster Civil Engineering Co.

Prior to the commencement of work, the Contractor shall provide the Owner with a current certificate of insurance showing the required coverage and provisions.

AGREEMENT

BETWEEN OWNER AND CONTRACTOR

FOR CONSTRUCTION CONTRACT

THIS AGREEMENT is by and between West Earl Township (“Owner”) and

(“Contractor”).

Owner and Contractor hereby agree as follows:

ARTICLE 1 – WORK

1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. The

Work is generally described as follows: replacement of a salt shed.

ARTICLE 2 – THE PROJECT

2.01 The Project, of which the Work under the Contract Documents is a part, is generally described as follows: West Earl Salt Shed.

ARTICLE 3 – ENGINEER

3.01 The part of the Project that pertains to the Work has been designed by the _Lancaster Civil

Engineering Company_.

3.02 The Owner has retained the Lancaster Civil Engineering Co. (“Engineer”) to act as Owner’s representative, assume all duties and responsibilities, and have the rights and authority assigned to Engineer in the Contract Documents in connection with the completion of the Work in accordance with the Contract Documents.

ARTICLE 4 – CONTRACT TIMES

4.01 Time of the Essence

A. All time limits for Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract.

4.02 Contract Times: Days

A. The Work will be substantially completed within 90 days after the day indicated in the

Notice to Proceed, and completed and ready for final payment within 120 days after the date when the Contract Times commence to run.

4.03 Liquidated Damages

A. Contractor and Owner recognize that time is of the essence and that Owner will suffer financial and other losses if the Work is not completed within the times specified in

Paragraph 4.02 above, plus any extensions thereof allowed in accordance with the

Contract. The parties also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by Owner if the Work is not completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty):

1. Substantial Completion: Contractor shall pay Owner $870.00 for each day that expires after the time (as duly adjusted pursuant to the Contract) specified in Paragraph

4.02.A above for Substantial Completion until the Work is substantially complete.

ARTICLE 5 – CONTRACT PRICE

5.01 Owner shall pay Contractor for completion of the Work in accordance with the Contract

Documents the amounts that follow, subject to adjustment under the Contract:

A. For all Work, at the prices stated in Contractor’s Bid, attached hereto as an exhibit.

ARTICLE 6 – PAYMENT PROCEDURES

6.01 Progress Payments; Retainage

A. Owner shall make progress payments on account of the Contract Price on the basis of

Contractor’s Applications for Payment each month during performance of the Work as provided in Paragraph 6.01.A.1 below, provided that such Applications for Payment have been submitted in a timely manner and otherwise meet the requirements of the Contract.

All such payments will be measured by the Schedule of Values or, in the event there is no

Schedule of Values, as provided elsewhere in the Contract.

1. Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below but, in each case, less the aggregate of payments previously made and less such amounts as Owner may withhold, including but not limited to liquidated damages, in accordance with the Contract

a. 90 percent of Work completed (with the balance being retainage). If the Work has been 50 percent completed as determined by Engineer, and if the character and progress of the Work have been satisfactory to Owner and Engineer, then as long as the character and progress of the Work remain satisfactory to Owner and

Engineer, there will be no additional retainage; and

b. 90 percent of cost of materials and equipment not incorporated in the Work (with the balance being retainage).

B. Upon Substantial Completion, Owner shall pay an amount sufficient to increase total payments to Contractor to 100 percent of the Work completed, and less 200 percent of

Engineer’s estimate of the value of Work to be completed or corrected as shown on the punch list of items to be completed or corrected prior to final payment.

6.02 Final Payment

A. Upon final completion and acceptance of the Work Owner shall pay the remainder of the

Contract Price as recommended by Engineer.

ARTICLE 7 – INTEREST

7.01 All amounts not paid when due shall bear interest at the rate of 5 percent per annum.

ARTICLE 8 – CONTRACTOR’S REPRESENTATIONS

8.01 In order to induce Owner to enter into this Contract, Contractor makes the following representations:

A. Contractor has examined and carefully studied the Contract Documents, and any data and reference items identified in the Contract Documents.

B. Contractor has visited the Site, conducted a thorough, alert visual examination of the Site and adjacent areas, and become familiar with and is satisfied as to the general, local, and

Site conditions that may affect cost, progress, and performance of the Work.

C. Contractor is familiar with and is satisfied as to all Laws and Regulations that may affect cost, progress, and performance of the Work.

D. Contractor has considered the information known to Contractor itself; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Contract Documents; and the Site-related reports and drawings identified in the Contract Documents, with respect to the effect of such information, observations, and documents on (1) the cost, progress, and performance of the Work; (2) the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor; and (3) Contractor’s safety precautions and programs.

E. Based on the information and observations referred to in the preceding paragraph, Contractor agrees that no further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the

Contract Times, and in accordance with the other terms and conditions of the Contract.

F. Contractor is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents.

G. Contractor has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor has discovered in the Contract Documents, and the written resolution thereof by Engineer is acceptable to Contractor.

H. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work.

I. Contractor’s entry into this Contract constitutes an incontrovertible representation by

Contractor that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents.

ARTICLE 9 – CONTRACT DOCUMENTS

9.01 Contents

A. The Contract Documents consist of the following:

1. This Agreement (pages 1 to _6__, inclusive).

2. Performance bond (pages _1__ to _3__, inclusive).

3. Payment bond (pages _1__ to _3__, inclusive).

4. Special Provisions (pages _1__ to _2__, inclusive).

5. Drawings (not attached but incorporated by reference) consisting of the Drawings titled:

a. Salt Shed Schematic Plans (3 pages).

6. Addenda (numbers __ to __, inclusive).

7. Exhibits to this Agreement (enumerated as follows):

a. Bid Form, pages _1__ to _4__, inclusive.

8. The following which may be delivered or issued on or after the Effective Date of the

Contract and are not attached hereto:

a. Notice to Proceed.

b. Work Change Directives.

c. Change Orders.

d. Field Orders.

B. The documents listed in Paragraph 9.01.A are attached to this Agreement (except as expressly noted otherwise above).

C. There are no Contract Documents other than those listed above in this Article 9.

ARTICLE 10 – MISCELLANEOUS

10.01 Assignment of Contract

A. Unless expressly agreed to elsewhere in the Contract, no assignment by a party hereto of any rights under or interests in the Contract will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, money that may become due and money that is due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and…