2-25663 - PAJA - REPLACE SEWER PLANT SHINGLE ROOF - BID FORMS.pdf

PENAL SUM FORM

EJCDC® C-430, Bid Bond (Penal Sum Form). Published 2013.

Prepared by the Engineers Joint Contract Documents Committee.

Page BB-1 of 2

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):

Perryopolis Area Joint Authority 314 Independence Street Perryopolis, PA 15473

BID

Bid Due Date:

Description: Replace Sewer Plant Shingle Roof

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.

PENAL SUM FORM

EJCDC® C-430, Bid Bond (Penal Sum Form). Published 2013.

Prepared by the Engineers Joint Contract Documents Committee.

Page BB-2 of 2

1. Bidder and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to pay to Owner upon default of Bidder the penal sum set forth on the face of this Bond. Payment of the penal sum is the extent of Bidder’s and Surety’s liability. Recovery of such penal sum 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 the 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.

WE #25663

SQ-1

STATEMENT OF BIDDER'S QUALIFICATIONS

All questions must be answered and the data given must be clear and comprehensive. This statement must be notarized. If necessary, questions may be answered on separate attached sheets. The Bidder may submit any additional information he desires.

1. Name of Bidder.

2. Permanent main office address.

3. When organized.

4. If a corporation, where incorporated.

5. How many years have you been engaged in the contracting business under your present firm or trade name?

6. Contracts on hand: (Schedule these, showing amount of each contract and the appropriate anticipated dates of completion.)

7. General character of work performed by your company.

8. Have you ever failed to complete any work awarded to you? If so, where and why?

SQ-2

9. Have you ever defaulted on a contract?

If so, where and why?

10. List the more important projects recently completed by your company, stating the approximate cost for each, and the month and year completed.

11. List your major equipment available for this Contract.

12. Experience in construction work similar in scope to this project.

13. Background and experience of principal members of the organization, including the officers.

14. Credit available: $__________________________.

SQ-3

15. Provide Bank reference: _________________________________.

16. Will you, upon request, fill out a detailed financial statement and furnish any other information that may be required by the Owner?__________________.

17. The undersigned hereby authorizes and requests any person, firm or corporation to furnish any information requested by the Owner in verification of the recitals comprising the Statement of Bidder's Qualifications.

Dated this _____________________ day of _____________________________, 20__.

Name of Bidder: ____________________________________

By:_________________________________

Title:________________________________ scoffman Typewritten Text

PW-1

STIPULATION AGAINST LIENS

) IN THE COURT OF COMMON

PERRYOPOLIS AREA JOINT AUTHORITY ) PLEAS OF

FAYETTE COUNTY,

OWNER ) PENNSYLVANIA

VS. )

) NO. _____ MECHANICS LIEN

CONTRACTOR ) DOCKET

WHEREAS, the above-said Owner is about to execute contemporaneously herewith a contract with the above-said Contractor, for the construction of the

REPLACE SEWER PLANT SHINGLE ROOF

as required by the Contract Documents.

NOW THEREFORE,____________20___, at the time of and immediately before the execution of the Contract and before any authority has been given by the said Owner, to the said Contractor to commence work on the said project or purchase of materials for the same, in consideration of the making of the said Contract with the Contractor and for the further consideration of one dollar ($1.00) paid to the said Contractor by the said Owner, it is agreed that no mechanic's claims or other liens shall be filed against the Project or the estate or title of Owner in the System or any part thereof, or the appurtenances thereto by the said Contractor nor any subcontractor, nor by any of the materialmen or workmen or any person for any materials or labor or extra materials or labor purchased or furnished in connection with the construction of the said project or any part thereof, the right to file such claims of liens being expressly waived and relinquished herewith.

OWNER

(SEAL) Perryopolis Area Joint Authority

ATTEST: BY_________________________________

______________________________ TITLE_______________________________

CONTRACTOR

(SEAL) ____________________________________

ATTEST: BY_________________________________

______________________________ TITLE_______________________________

SAL-1

P-1

AFFIDAVIT RE:

ACCEPTING PROVISIONS OF THE WORKMAN'S COMPENSATION ACT

State of ____________________

SS:

County of ___________________

(Name of Officer, if Corporation) (Title of Officer, if Corporation)

(Name of Contractor) being duly sworn according to law deposed and says that he/they/it has/have accepted the provisions of the Workmen's Compensation Act of 1915 of the Commonwealth of Pennsylvania, with its supplements and amendments, and has/have insured his/their/its liability thereunder in accordance with the terms of said Act with __________________________________________________ Company.

(Contractor)

Signature of Officer or Agent

SWORN to and subscribed before me this _______ day of _______________________, 20___.

(Notary Public)

My Commission Expires:

NONDISCRIMINATION/SEXUAL HARASSMENT CLAUSE

During the term of the Contract, the Applicant (known herein as “Grantee”) 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 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

AG-1

AGREEMENT

THIS AGREEMENT, made this ___________ day of_____________________________ 20_____, by and between Perryopolis Area Joint Authority, hereinafter called OWNER, and ______________________________, doing business as an ___________________, (Individual or a Partnership or a Corporation) hereinafter called "CONTRACTOR".

WITNESSETH, that the OWNER and the CONTRACTOR mutually agree to the following:

1. The CONTRACTOR, for and in consideration of the payment herein specified and agreed to by the OWNER hereby covenants and agrees to furnish and deliver all the materials and to do and perform all the work, labor and other services necessary for the construction and completion of the PROJECT as described herein.

The OWNER will pay the CONTRACTOR for the performance of the AGREEMENT, in current funds, subject to additions and deductions as provided in the GENERAL CONDITIONS of the CONTRACT AGREEMENT, the sum of

The Contract Documents prepared by Widmer Engineering Inc., hereinafter called ENGINEER, are made part of this AGREEMENT.

2. The PROJECT location and description being situated as follows:

WE #25663 – Perryopolis – Replace Sewer Plant Shingle Roof.

Work will consist of but is not limited to – Removing Existing Shingles and replacing with 30 year shingles and Curb/Sidewalk and Replacing With ADA Compliant Sidewalk Curb Ramps.

3. The CONTRACTOR further covenants and agrees that all work shall be performed in the best and most workmanlike manner. He also agrees that all materials furnished and labor performed shall be in strict and complete conformity in every respect, with all parts of this AGREEMENT and shall be subject to the inspection and acceptance of authorized representatives of the OWNER. In the event that any portion of the work (including materials supplied pursuant thereto) performed by the CONTRACTOR is rejected by the authorized representatives as defective, unsuitable, or unacceptable, the CONTRACTOR agrees to remove and replace all such rejected portions of work in conformance with this AGREEMENT and to the satisfaction of and at no expense to the OWNER. The CONTRACTOR further covenants that prompt payment will be made in full for all labor and materials used in the performance of work on this PROJECT.

4. The CONTRACTOR covenants and agrees that all work (including, but not limited to, all labor performed and all materials supplied) on this PROJECT shall be performed and completed to the satisfaction of the OWNER on or before the expiration of Sixty (60) calendar days after written Notice to Proceed with work has been given by the OWNER.

If for any reason, except as provided in the GENERAL CONDITIONS, the CONTRACTOR fails to complete all work on this PROJECT to the satisfaction of the ENGINEER within the aforementioned time allowed, the OWNER shall deduct from any sums due or which may become due the CONTRACTOR One Hundred dollars ($100) for each calendar day used in excess of the aforementioned number of days allowed, or, in case a completion date is fixed, for each calendar day elapsing between the completion date and the actual

AG-2

date of completion. If no sums are due the CONTRACTOR, the CONTRACTOR agrees to remit to the OWNER the aforementioned sum for each day used in excess of the time allowed for completion of the PROJECT. The amounts deducted or remitted under this paragraph are liquidated damages not penalties.

5. The CONTRACTOR further covenants and warrants that he has had sufficient time to examine the site of the project to determine the conditions to be encountered; that he is fully aware and knows of the conditions to be encountered; and that he has based the BID PROPOSAL prices on his own independent examination and investigation of the project site and conditions, and has not relied on any subsurface information furnished to him by the OWNER, or its agents or its consultants.

6. The CONTRACTOR shall not do any work (including, but not limited to, the supply of labor and/or materials) not covered by the CONTRACT DOCUMENTS, unless such work has been authorized in writing by the ENGINEER. In no event shall the CONTRACTOR incur any liability by reason of refusing to obey any verbal directions or instructions that he might be given to perform additional or extra work. Likewise, the OWNER will not be liable for any work performed as additional or extra work, unless such work is required of the CONTRACTOR in writing by the ENGINEER. All such work which might have been performed by the CONTRACTOR without such written order first being given shall be at the CONTRACTOR'S risk, cost and expense, and the CONTRACTOR hereby covenants and agrees compensation for such unauthorized work.

7. It is further distinctly agreed that the CONTRACTOR shall not assign this AGREEMENT, or any part thereof, nor any right to any sums to be paid him hereunder, nor shall any part of the work to be done or material furnished under this AGREEMENT be sublet, without the consent in writing of the OWNER.

8. The OWNER will pay to the CONTRACTOR in the manner at such times as set forth in the GENERAL CONDITIONS such amounts as required by the CONTRACT DOCUMENTS. When a BID PROPOSAL is made on a Lump Sum Basis, the CONTRACTOR agrees to submit, to the ENGINEER, a detailed breakdown of costs to serve as a basis of estimate for periodic payment during construction.

9. It is also agreed and understood that the acceptance of the final payment by the CONTRACTOR shall be considered as a release in full of all claims against the OWNER arising out of, or by reason of, the work done and materials furnished under this

AGREEMENT.

10. In order to secure proper and complete compliance with the terms and provisions of this AGREEMENT, the CONTRACTOR shall provide a bond in a sum equal to one hundred percent (100%) of the contract price of the work to be done. The CONTRACTOR shall also secure an additional bond in the same amount for the prompt payment in full for all labor and materials supplied in performing work on this PROJECT. The CONTRACTOR shall also secure an additional bond in the same amount for maintenance of the completed project for a period of one (1) year from the date of final acceptance by the OWNER. All bonds are attached hereto.

AG-3

11. The CONTRACTOR in undertaking the work to be performed under the terms of this AGREEMENT, covenants and agrees to comply with the required contract provisions set forth in the Nondiscrimination Clause which is attached.

12. The term "CONTRACT DOCUMENTS" means and includes the following:

(a) ADVERTISEMENT FOR BIDS

(b) INSTRUCTIONS TO BIDDERS

(c) BID PROPOSAL

(d) BID BOND

(e) STATEMENT OF BIDDER'S QUALIFICATIONS

(f) PUBLIC WORKS EMPLOYMENT VERIFICATION FORM

(g) NON-COLLUSION AFFIDAVIT

(h) STIPULATION AGAINST LIENS

(i) CERTIFICATION OF NON-SEGREGATED FACILITIES

(j) NOTICE OF INTENT TO AWARD

(k) NOTICE OF AWARD

(l) AGREEMENT

(m) PERFORMANCE BOND

(n) PAYMENT BOND

(o) NOTICE TO PROCEED

(p) PAYMENT APPLICATION

(q) CERTIFICATE OF SUBSTANTIAL COMPLETION

(r) CHANGE ORDER(S) (if any)

(s) NON-DISCRIMINATION CLAUSE

(t) MAINTENANCE BOND

(u) PREVAILING WAGE RATES

(v) GENERAL CONDITIONS

(w) ADDENDA (if any)

(x) DRAWINGS AND TECHNICAL SPECIFICATIONS, PREPARED BY THE

ENGINEER

13. The CONTRACTOR agrees to execute and record a STIPULATION AGAINST LIENS in the form provided herewith prior to commencement of any work required thereby, or the acquisition of any materials therefore.

14. This AGREEMENT, including all CONTRACT DOCUMENTS, shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors and assigns.

IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized officials, this AGREEMENT in three (3) copies each of which shall be deemed an original on the date first above written.

AG-4

ATTEST: OWNER:

Name Name

(SEAL)

ATTEST: CONTRACTOR:

Name Name

Title Address

(SEAL)

(Use only when Contractor is a Corporation)

Certification:

I,_____________________________, certify that I am the__________________________ of the Corporation named as CONTRACTOR herein; that ______________________ who signed this AGREEMENT on behalf of the CONTRACTOR, was the__________________ _______________________________ of said Corporation; that said AGREEMENT was duly signed for and in behalf of said Corporation by authority of its governing body, and is within the scope of its corporate powers.

(Corporate Seal) Title:

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. PFB-1 of 3

PERFORMANCE BOND

CONTRACTOR (name and address):

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

OWNER (name and address):

314 Independence Street

Perryopolis, Pa 15476

CONSTRUCTION CONTRACT

Effective Date of the Agreement:

Amount:

Description (name and location): Contract 25663– Replace Sewer Plant Shingle Roof

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. PFB-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. PFB-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. PB-1 of 3

PAYMENT BOND

CONTRACTOR (name and address):

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

OWNER (name and address):

314 Independence Street

Perryopolis, Pa 15473

CONSTRUCTION CONTRACT

Effective Date of the Agreement:

Description (name and location): Contract 25663– Replace Sewer Plant Shingle Roof

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)

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

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.

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.

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

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.

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 here from 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:

Contractor's Application for Payment No.

Application Application Date:

Period:

To From (Contractor): Via (Engineer):

(Owner):

Project: Contract:

Owner's Contract No.: Contractor's Project No.: Engineer's Project No.:

1. ORIGINAL CONTRACT PRICE...........................................................................$

2. Net change by Change Orders......................................................................................$

3. Current Contract Price (Line 1 ± 2)................................................................................................$

4. TOTAL COMPLETED AND STORED TO DATE

(Column F total on Progress Estimates).............................................................................................................$

5. RETAINAGE:

a. X Work Completed..............................................$

b. X Stored Material..............................................$

c. Total Retainage (Line 5.a + Line 5.b).........................................................................................................................................$

6. AMOUNT ELIGIBLE TO DATE (Line 4 - Line 5.c)....................................................................................................................$

7. LESS PREVIOUS PAYMENTS (Line 6 from prior Application).........................................................................................................$

8. AMOUNT DUE THIS APPLICATION....................................................................................................................................$

9. BALANCE TO FINISH, PLUS RETAINAGE

(Column G total on Progress Estimates + Line 5.c above).....................................................................................................$

Contractor's Certification

Payment of: $ is recommended by:

Payment of: $ is approved by:

Contractor Signature

By: Date: Approved by:

(Line 8 or other - attach explanation of the other amount)

(Date)

Funding or Financing Entity (if applicable) (Date)

(Owner)

TOTALS

AdditionsNumber

(Date)(Engineer)

CHANGE ORDERS

NET CHANGE BY

(Line 8 or other - attach explanation of the other amount)

Widmer Engineering Inc.

Deductions

Approved Change Orders

Change Order Summary

Application For Payment

The undersigned Contractor certifies, to the best of its knowledge, the following:

(1) All previous progress payments received from Owner on account of Work done under the Contract have been applied on account to discharge Contractor's legitimate obligations incurred in connection with the Work covered by prior Applications for Payment;

(2) Title to all Work, materials and equipment incorporated in said Work, or otherwise listed in or covered by this Application for Payment, will pass to Owner at time of payment free and clear of all Liens, security interests, and encumbrances (except such as are covered by a bond acceptable to Owner indemnifying Owner against any such Liens, security interest, or encumbrances); and

(3) All the Work covered by this Application for Payment is in accordance with the Contract Documents and is not defective.

EJCDC® C-620 Contractor's Application for Payment

© 2013 National Society of Professional Engineers for EJCDC. All rights reserved.

EJCDC® C-941, Change Order.

Prepared and published 2013 by the Engineers Joint Contract Documents Committee.

Page CCO-1 of 1

Change Order No.

Date of Issuance: Effective Date:

Owner: Owner's Contract No.: 1

Contractor: Contractor’s Project No.:

Engineer: Widmer Engineering inc. Engineer's Project No.:

Project: Contract Name:

The Contract is modified as follows upon execution of this Change Order:

Description:

Attachments: [List documents supporting change]

CHANGE IN CONTRACT PRICE CHANGE IN CONTRACT TIMES

[note changes in Milestones if applicable] Original Contract Price: Original Contract Times:

Substantial Completion:

$ Ready for Final Payment:

days or dates

[Increase] [Decrease] from previously approved Change

Orders No. to No. :

[Increase] [Decrease] from previously approved Change

Orders No. to No. :

Substantial Completion:

$ Ready for Final Payment:

days

Contract Price prior to this Change Order: Contract Times prior to this Change Order:

Substantial Completion:

$ Ready for Final Payment:

days or dates

[Increase] [Decrease] of this Change Order: [Increase] [Decrease] of this Change Order:

Substantial Completion:

$ Ready for Final Payment:

days or dates

Contract Price incorporating this Change Order: Contract Times with all approved Change Orders:

Substantial Completion:

$ Ready for Final Payment:

days or dates

RECOMMENDED: ACCEPTED: ACCEPTED:

By: By: By:

Engineer (if required) Owner (Authorized Signature) Contractor (Authorized Signature)

Title: Title

Title

Date: Date

Date

Approved by Funding Agency (if applicable)

By: Date:

Title:

EJCDC® C-625, Certificate of Substantial Completion.

Prepared and published 2013 by the Engineers Joint Contract Documents Committee.

Page CSC-1 of 1 ( Contract 1)

CERTIFICATE OF SUBSTANTIAL COMPLETION

Owner: Owner's Contract No.: 1

Contractor: Contractor’s Project No.:

Engineer: Widmer Engineering Inc. Engineer's Project No.:

Project: Contract Name:

This [preliminary] [final] Certificate of Substantial Completion applies to:

All Work The following specified portions of the Work:

Date of Substantial Completion

The Work to which this Certificate applies has been inspected by authorized representatives of Owner, Contractor, and

Engineer, and found to be substantially complete. The Date of Substantial Completion of the Work or portion thereof designated above is hereby established, subject to the provisions of the Contract pertaining to Substantial Completion.

The date of Substantial Completion in the final Certificate of Substantial Completion marks the commencement of the contractual correction period and applicable warranties required by the Contract.

A punch list of items to be completed or corrected is attached to this Certificate. This list may not be all-inclusive, and the failure to include any items on such list does not alter the responsibility of…