4-Documents to be submitted with contract.pdf

PERFORMANCE BOND

KNOW ALL MEN BY THESE PRESENTS, THAT

(CONTRACTOR)

(CONTRACTOR’S ADDRESS)

as Principal, and

(BONDING COMPANY)

as Surety, a Corporation duly organized and existing under the laws of the State of _________________________________

(STATE)

are held and firmly bound unto The Allentown Parking Authority, 603 W. Linden Street, Allentown, PA 18101, County of

Lehigh, as Obligee, in the sum of _____ ___________________________

(BID PRICE IN WORDS)

Dollars ($___________________________), representing 100% of the contract amount, and for faithful performance of the

(BID PRICE IN NUMBERS)

Contract, to be paid to the Obligee aforesaid, its certain attorneys, successors or assigns, to which payment, well and truly to be made, we do bind ourselves, our heirs, executors and administrators, and every one of them, jointly and severally, firmly by these presents.

WITNESS our hands and seals this _________ day of ____________________ in the year of 20______.

WHEREAS, the said ________________________________________________________________

(CONTRACTOR)

is about to enter into a written Contract with, The Allentown Parking Authority, 603 W. Linden Street, Allentown, PA, 18101 , County of Lehigh for:

Government Deck - Soil Anchor Repairs at 401 W. Hamilton Street pursuant to an award of said contract to Principal on the date hereof, and

WHEREAS, this bond is given pursuant to the requirements of the Act of the General Assembly of the Commonwealth of

Pennsylvania, approved December 20, 1967, Act 385, known as the "Public Works Contractor's Bond Law of 1967".

WHEREAS, the Contractor shall, during the course of construction of the Improvements, give all reasonable protection to the public and maintain such warning devices as are reasonably necessary for this purpose. The Contractor hereby agrees to indemnify, defend and hold the Owner harmless from any and all actions at law or in equity and any and all claims, damages, loss, cost or expense (including but not limited to attorneys fees) arising from or related to the Contractor’s performance of the Work and/or the breach of any of the Contractor’s obligations set forth in this Contract or imposed by law.

NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said ______________________________________________________________________ shall promptly and faithfully

(CONTRACTOR)

perform said Contract awarded to him then this obligation shall be null and void; otherwise, it shall remain in full force and effect.

Whenever Contractor shall be declared by Obligee to be in default under the Contract, the Obligee having performed Obligee's obligations thereunder, the Surety may promptly remedy the default, or shall promptly

1. Complete the Contract in accordance with its terms and conditions, or

2. Obtain a bid or bids for submission to Obligee for completing the contract in accordance with its terms and conditions, and upon determination by Obligee and Surety of the lowest responsible bidder, arrange for a contract between such bidder and Obligee and make available as Work progresses (even though there should be a default or a succession of defaults under the contract or contracts of completion arranged under this paragraph) sufficient funds to pay for the cost of completion less the balance of the contract price; but not exceeding, including other costs and damages for which the

Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "Balance of the Contract price" as used in this paragraph, shall mean the total amount payable by Obligee to Contractor under the Contract and any amendments thereto, less the amount paid by Obligee to Contractor.

Provided, that said Surety, for value received, hereby stipulates and agrees that no change, extension, alterations or additions to the terms of this Contract, shall in any way release the Principal and the Surety, or either of them, his, their or its heirs, executors, administrators, successors or assigns, from their liability hereunder, and said Surety does hereby waive notice of any such change, extension, alterations or additions.

Any suit under this bond must be instituted before the expiration of two (2) years from the date on which final payment under the

Contract falls due.

In the presence of:

(Individual Principals sign here)

_____________________________________ _____________________________________ (SEAL)

_____________________________________ _____________________________________ (SEAL)

_____________________________________ _____________________________________ (SEAL)

_____________________________________ _____________________________________ (SEAL)

(Corporate Principals sign here)

Attest: ____________________________________ ___________________________________

(SEAL)

(Surety sign here)

Witness:

___________________________________ By: _________________________________ as to Surety

(Attorney-in-Fact) (SEAL)

LABOR AND MATERIALS PAYMENT BOND

KNOW ALL MEN BY THESE PRESENTS, THAT

(CONTRACTOR)

(CONTRACTOR’S ADDRESS)

as Principal, and

(BONDING COMPANY)

as Surety, a Corporation duly organized and existing under the laws of the State of

(STATE)

are held and firmly bound unto Allentown Parking Authority, 603 W. Linden Street, Allentown, PA 18101, County of

Lehigh, as Obligee, in the sum of _______________________________________________________________________

(BID PRICE IN WORDS)

Dollars ($___________________________), representing 100% of the contract amount, to be paid to the Obligee aforesaid, its

(BID PRICE IN NUMBERS)

certain attorneys, successors or assigns, to which payment, well and truly to be made, we do bind ourselves, our heirs, executors and administrators, and every one of them, jointly and severally, firmly by these presents.

WITNESS our hands and seals this _________ day of ____________________ in the year of 20____.

WHEREAS, the said ________________________________________________________________

(CONTRACTOR)

is about to enter into a written Contract with, The Allentown Parking Authority, 603 W. Linden Street, Allentown, PA 18101, County of Lehigh for:

Government Deck - Soil Anchor Repairs4 pursuant to an award of said contract to Principal on the date hereof, and

WHEREAS, this bond is given pursuant to the requirements of the Act of the General Assembly of the Commonwealth of Pennsylvania, approved December 20, 1967, Act 385, known as the "Public Works Contractor's Bond Law of 1967".

WHEREAS, the Contractor shall, during the course of construction of the Improvements, give all reasonable protection to the public and maintain such warning devices as are reasonably necessary for this purpose. The Contractor hereby agrees to indemnify, defend and hold the Owner harmless from any and all actions at law or in equity and any and all claims, damages, loss, cost or expense (including but not limited to attorneys fees) arising from or related to the Contractor’s performance of the Work and/or the breach of any of the Contractor’s obligations set forth in this Contract or imposed by law.

NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said ______________________________________________________________________ shall promptly make payment of

(CONTRACTOR)

all material furnished and labor supplied or performed in the prosecution of the Work, whether or not the said material or labor enter into and become component parts of the Work or improvement contemplated, then this obligation shall be void, otherwise, it shall remain in full force and effect.

The said Principal and Surety, jointly and severally, further covenant and agree that every person, co-partnership, association or corporation, except as hereinafter provided, who, whether a subcontractor or otherwise, has furnished material or supplied or performed labor in the prosecution of the Work provided for in the contract for which this bond has been given, and who has not been paid in full thereof before the expiration of Ninety (90) days after the day on which such claimant performed the last of such labor or furnished the last of such materials for which he claims payments, may bring an action on this bond in his own name, in assumpsit, to recover any amounts due him for such labor or material, and may prosecute the same to final judgment for such sum or sums as may be justly due him, them or it, and have execution thereon, provided, however, that the Obligee shall not be liable for the payment of any costs or expenses of any suit, and provided, further, no such action may be commenced after the expiration of one (1) year from the day on which the last of the labor was performed or material was supplied for the payment of which such action is brought by the claimant.

Any claimant who has a direct contractual relationship with any subcontractor of the prime contractor who gave this bond but has no contractual relationship, express or implied, with such prime contractor may bring an action on this bond, as heretofore provided, only if he has given written notice in the manner provided for by the above-mentioned Act to such contractor within

Ninety (90) days from the date on which the claimant performed the last of the labor or furnished the last of the materials for which he claims payment, stating with substantial accuracy the amount claimed and the name of the person for whom the Work was performed or to whom the material was furnished.

"Labor and materials" shall include public utility services and reasonable rentals of equipment, but only for periods when the equipment rented is actually used at the site.

AND PROVIDED, that said Surety, for value received, hereby stipulates and agrees that no change, extension, alterations or addition to the terms of said Contract shall in any way release the Principal and the Surety, or either of them, his, their or its heirs, executors, administrators, successors or assigns, from their liability hereunder, and the said Surety does hereby waive notice of any such change, extension, alterations or additions.

(Individual Principals, sign here)

In the presence of:

_____________________________________ _____________________________________ (SEAL)

_____________________________________ _____________________________________ (SEAL)

_____________________________________ _____________________________________ (SEAL)

_____________________________________ _____________________________________ (SEAL)

(Corporate Principals sign here)

Attest:

(SEAL)

(Surety sign here)

Witness:

___________________________________ By: _________________________________ as to Surety (Attorney-in-Fact) (SEAL)

PREVAILING WAGE COMPLIANCE DECLARATION

The Contractor hereby agrees to comply in all respect with the Pennsylvania Prevailing Wage Act 442 as amended. A copy of the prevailing wage rates pertaining to the Work and issued by the Pennsylvania Department of Labor and

Industry entitled, "Prevailing Wage Project Rates," is included in the Contract Documents issued by Owner for Bid.

Workers shall be paid not less than the prevailing wage rate. In the event it is found that any worker employed by the

Contractor or any Subcontractor covered by the contract herein has been paid a rate of wages less than the prevailing rate required to be paid by such contract, the Owner may terminate the Contractor's or Subcontractor's right to proceed with the Work or such part of the Work as to which there has been a failure to pay required wages and to prosecute the Work to completion or otherwise. The Contractor and his sureties shall be liable to the Owner for any excess costs occasioned thereby.

Before final payment is made by or on behalf of the Owner of any sum or sums due to the Work, the Contractor or

Subcontractor shall file with the Owner, written statements in form satisfactory to the commissioner of Labor and

Industry certifying to the amounts then due and owing from such contractor or subcontractor filing such statement to any and all workmen for wages due on account of the Work, setting forth therein the names of the persons whose wages are unpaid and the amount due to each respectively which statement shall be certified by the oath of the Contractor or

Subcontractor as the case may be in accordance with the said Pennsylvania Prevailing Wage Act.

The prevailing wage rate shall be determined by the Commissioner of Labor and Industry or his duly authorized deputy or representative.

The undersigned is an (individual) (partnership) (corporation) under the Laws of the State of having Principal offices at.

BIDDER: ______________________________________________________

SIGNATURE: __________________________________________________

NAME: _______________________________________________________

TITLE: ________________________________________________________

DATE: ________________________________________________________

AFFIDAVIT ACCEPTING PROVISIONS OF THE

WORKMEN’S COMPENSATION ACT

State of )

) SS:

County of )

, being duly sworn according to law, deposes and says that they/he/she/it have/has accepted the provisions of the

Workmen’s Compensation Act of 1915 of the Commonwealth of Pennsylvania, with its supplements and amendments and have/has insured their/his/hers/its liability thereunder in accordance with the terms of said Act with

(Surety Company).

CONTRACTOR

(Type or Print Name)

(Signature)

Sworn to and Subscribed before me this

_______ Day of ______________, 20___.

My commission expires: __________________________

HOLD HARMLESS CERTIFICATION

The Contractor shall indemnify and hold harmless the Owner and its Engineer from and against all attorneys fees, losses, claims, demands, payments, suits, actions, recoveries, and judgments of every nature and description brought against or recoverable from the Owner and its Engineer by reason of any act or omission of the Contractor, its agents, employees, assigns, and any entity acting in the Contractor’s behalf and on the Contractor’s direction in the execution of the Work or in consequence of any negligence or carelessness connected with the execution of any Work and any activities directly or indirectly incidental thereto.

This specifically includes any negligence or carelessness of the Contractor in failing to review all plans, specifications, and other documents published by the Owner in connection with the preparation and award of the contract.

The Contractor shall assume all risk and bear any loss or injury to the property or any person which is caused by the negligence of the

Contractor including his/her negligent failure to notify the Owner of any dangerous condition requiring the Owner’s action, during the period including periods when the Contractor is not present on the site but during the progress of Work provided for in the contract until the same shall have been completed and accepted. The Contractor shall also assume all responsibility for any and all loss by reason of the Contractor’s negligence or violation of any local, state or federal law, regulation, practice, or order. The Contractor shall give to the Owner authorities and all other appropriate authorities all required notices relating to the Work for which the contract was let including all notices of any dangerous conditions.

The Contractor, in executing this Contract, represents to the Owner that the contents of this hold harmless clause has been communicated to any subcontractors or employees and that this representation is made in behalf of both him/herself and all persons or organizations acting in the Contractors’ behalf including any subcontractors.

ATTEST:

Name of Firm

Witness Signature

Please Print Name Please Print Name

MAINTENANCE BOND

KNOW ALL MEN BY THESE PRESENTS, THAT _______________________________________________

(CONTRACTOR)

(CONTRACTOR’S ADDRESS)

as Principal, and __________________________________________________________________________________

(BONDING COMPANY)

as Surety, a Corporation duly organized and existing under the laws of the State of _____________________________

(STATE)

are held and firmly bound unto The Allentown Parking Authority, 603 W. Linden Street, Allentown, PA 18101, County of Lehigh, as Obligee, in the sum of ___________________________________________________________________

(CONTRACT AMOUNT IN WORDS)

Dollars ($___________________________________), representing 15% of the contract amount, to be paid to the

(CONTRACT AMOUNT IN NUMBERS)

Obligee aforesaid, its certain attorneys, successors or assigns, to which payment, well and truly to be made, we do bind ourselves, our heirs, executors and administrators, and every one of them, jointly and severally, firmly by these presents.

WITNESS our hands and seals this _________ day of ____________________ in the year of 20_____.

WHEREAS, the said ________________________________________________________________

(CONTRACTOR)

Has entered into a written Contract with, Allentown Parking Authority, 603 W. Linden Street, Allentown, PA 18101, County of Lehigh for:

Government Deck - Soil Anchor Repairs

WHEREAS, under said Contract, the Principal guarantees for a term of two (2) years from date of acceptance of the

Work by the Owner, to maintain the stability of all materials, equipment and Work and to promptly make good and replace all poor or inferior materials, equipment and Work and to remedy all defects in materials, equipment or workmanship, all shrinkage, settlement, or other faults of any kind whatsoever arising therefrom, at his or their own expense, and to the satisfaction of the Owner, when notified in writing so to do by the Owner; and

WHEREAS, under said Contract, the Principal may, to secure the said guarantee, deposit with the Owner, an acceptable

Surety Bond for the faithful performance of said guarantee; and

WHEREAS, the Owner is willing to pay the aforementioned monies including the retained percentage upon being indemnified by these presents.

WHEREAS, the Contractor shall, during the course of construction of the Improvements, give all reasonable protection to the public and maintain such warning devices as are reasonably necessary for this purpose. The Contractor hereby agrees to indemnify, defend and hold the Owner harmless from any and all actions at law or in equity and any and all claims, damages, loss, cost or expense (including but not limited to attorneys’ fees) arising from or related to the

Contractor’s performance of the Work and/or the breach of any of the Contractor’s obligations set forth in this Contract or imposed by law.

NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal shall maintain the stability of all material, equipment and Work and shall promptly make good and replace all poor or inferior materials, equipment and Work, and shall remedy all defects in materials, equipment or workmanship, all shrinkage, settlement, or other faults of any kind whatsoever arising therefrom, at his or their own expense and to the satisfaction of the Owner when notified in writing to do so by the Owner for a term of two (2) years from the date of the final acceptance thereof by the Owner, and if the Principal shall indemnify the Owner against any loss or damage by reason of the failure of the

Principal so to do, then this obligation is to be void; otherwise, to remain in full force and effect.

PROVIDED, HOWEVER, and it is hereby expressly agreed that if at any time default shall be made in the performance of the terms and the conditions of this bond above specified, then, and in such event, we do by these presents empower the Owner’s Solicitor, or any attorney of any court of record in the State, to appear in a Court of competent jurisdiction and have entered in favor of Allentown Parking Authority a judgment against us for the said sum above mentioned, with costs of suit and release of errors, and we do hereby waive the right of inquisition on any real estate, and authorize the

Prothonotary to enter our voluntary condemnation of the same and authorize the same to be sold upon a writ of Fieri

Facias. We also waive the right of all laws now made or hereafter to be made exempting real or personal property from levy and sale and execution.

This bond shall become effective on the date on which the Owner shall accept, in writing, the Work provided under said

Contract, and nothing herein shall impair or lessen to any extent the obligations of the Principal and Surety under and by virtue of the performance bond heretofore entered into by them.

SIGNED, SEALED AND DELIVERED IN QUADRUPLICATE,

THIS _____________________ day of _____________________, 20_____.

(Individual Principals sign here)

In the presence of:

_____________________________________ _____________________________________ (SEAL)

_____________________________________ _____________________________________ (SEAL)

_____________________________________ _____________________________________ (SEAL)

_____________________________________ _____________________________________ (SEAL)

(Corporate Principals sign here)

Attest: ___________________________________ ___________________________________

(SEAL)

(Surety sign here)

Witness:

___________________________________ By: _________________________________ as to Surety (Attorney-in-Fact) (SEAL)

CONTRACTOR'S RELEASE OF LIENS

The undersigned, ________________________________, hereinafter known as CONTRACTOR, for itself, its subcontractors, and all parties acting through or under it, has furnished labor, equipment and materials, for the erection and construction of certain improvements consisting of __________________________________________ at property known as _____________________________________________________________________________

(Description)

________________________________________________ for the ___________________________________________

(Location) (Owner) hereinafter known as OWNER and has agreed to release all liens which he or any of them have or might have on the improvement and the property by reason of materials furnished or Work performed for erecting and constructing the improvement; and

NOW, contingent upon receipt of final payment from the OWNER, the undersigned CONTRACTOR, for itself, its subcontractors and all parties acting through or under it, hereby remise, release and forever quit claim to OWNER, his heirs and assigns all liens, claims and demands which he or any of them now have or might or could have on or against the interest of OWNER in the improvement and the property for labor or materials previously or subsequently furnished for erecting and constructing the improvement, so that OWNER, his heirs and assigns shall hold and enjoy the improvement and the property free and clear from all liens, claims or demands for labor or materials furnished by the undersigned CONTRACTOR, which are hereby released and discharged.

CONTRACTOR: _______________________________________ BY: ______________________________________

ADDRESS: ____________________________________________ TITLE: ___________________________________

Subscribed and sworn to me this ______________ day of _________, 20____

My commission expires

NOTARY PUBLIC

CONTRACTOR'S AFFIDAVIT OF RELEASE OF LIENS

Allentown Parking Authority Proj. No. _____________________________

Project _______________________________

TO: _____________________________________________________________________________________________

(Owner)

Contract For: _______________________________________________ Contract Date:___________________________

State of:

County of:

The undersigned hereby certifies that to the best of his knowledge, information and belief, except as listed below, The Releases or Waivers of Lien attached hereto include the Contractor, all Subcontractors, all suppliers of materials and equipment, and all performers of Work, labor or services who have or may have liens against any, property of the Owner arising in any manner out of the performance of the Contract referenced above.

EXCEPTIONS: (if none. write "None". If required by, the Owner, the Contractor shall furnish bond satisfactory, to the

Owner for each exception.)

SUPPORTING DOCUMENTS ATTACHED HERETO: CONTRACTOR:

1. Contractor's Release or Waiver of Liens, conditional upon receipt of final payment. ADDRESS:

2. Separate Releases or Waivers of Liens from Subcontractors and material and equipment suppliers, to the extent required by the Owner, accompanied by a list thereof.

BY:

Subscribed and sworn to before me this day of , 20___

Notary Public:

My Commission Expires:

IN THE COURT OF COMMON PLEAS OF

LEHIGH COUNTY, PENNSYLVANIA

ALLENTOWN PARKING AUTHORITY :

Owner-Plaintiff : No:

v. :

a :

General Contractor-Defendant :

and :

a :

General Contractor-Defendant :

v. :

The Allentown Parking Authority :

Owner-Plaintiff :

WAIVER OF LIENS

THIS WAIVER OF LIENS is made as of the day of 20_ by

, a ("General Contractor") in favor of

Allentown Parking Authority (the "Owner").

BACKGROUND

A. By a duly executed written agreement dated

(the "Contract"), Owner and General Contractor have contracted for services in connection with the design and construction of certain improvements as more fully described in the Contract (the "Improvements") to be erected on real estate known as

(the "Property").

B. By the terms of the Contract, General Contractor has covenanted, promised and agreed that no mechanics' or materialmen's liens or claims would be filed or maintained in the Property or any part thereof, or the curtilage or curtilages appurtenant thereto, either by himself for or on account of any work, labor or materials supplied in the performance of the

Contract or under any supplemental contract or for extra work, in supervision of the design, erection, construction or completion of the Improvements on the Property or any of the curtilages appurtenant thereto.

NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein and in the Contract, the parties hereto, intending to be legally bound hereby, agree as follows:

1. The General Contractor, for itself and anyone else acting or claiming through or under the General Contractor, hereby waives and relinquishes all right to file a mechanics' lien, claim or notice of intention to file any lien or claim, and hereby covenants, promises and agrees that no mechanics' lien or claim or other lien or claim of any kind whatsoever shall be filed or maintained against the Improvements or the estate or title of Owner in the Property or curtilage or curtilages appurtenant thereto, by or in the name of General Contractor for work done or materials furnished under the Contract or by any other party acting through or under it or them or any of them for and about the Improvements or the Property or any part thereof, or on credit thereof, so that there shall not be any legal or lawful claim of any kind against Owner for any work done or labor or materials furnished under the

Contract for and about the design, erection, construction or completion of the Improvements, or under any contract for extra work, or for work supplemental thereto, or otherwise.

2. This Agreement waiving the right of lien shall be an independent covenant and shall operate and be effective as well with respect to work done and materials furnished under any supplemental contract for extra work in supervision of the erection, construction and completion of the Improvements as to any work and labor done and materials furnished under the Contract.

3. In order to give Owner full power and authority to protect itself, the Improvements, the Property, the estate or title of Owner therein, and the curtilage or curtilages appurtenant thereto against any and all liens or claims filed by the General

Contractor or anyone acting under or through the General Contractor in violation of the foregoing covenant, the General

Contractor hereby irrevocably authorizes and empowers any attorney of any Court of Common Pleas of the Commonwealth of

Pennsylvania, to appear as attorney for it, them or any of them, in any such Court, and in its name or names, to the extent permitted by law, mark satisfied of record at the cost and expense of the General Contractor any and all claim or claims, lien or liens, filed in violation of the foregoing covenant, for such act, a copy of this executed instrument shall be good and sufficient warrant and authority, and a reference to the Court, Term and Number in which and where this Agreement shall have been filed shall be sufficient exhibit of the authority herein contained to warrant such action, and the General Contractor does hereby remise, release and quitclaim all rights and all manner of errors, defects and imperfections whatsoever in entering such satisfaction or in filing such pleading, instrument or amendment, or in any way concerning them.

4. The General Contractor hereby warrants that no work or labor of any kind or nature whatsoever has as yet been done, and that no materials or services of any kind or nature whatsoever have as yet been furnished, by anyone under, towards or in connection with the execution or performance of the Contract, the Improvements or the Property.

5. This waiver shall bind the General Contractor, all subcontractors and all of their respective successors and assigns.

IN WITNESS WHEREOF, the General Contractor has caused this Waiver of Liens to be duly executed the day and year first above written.

CONTRACTOR:

Attest:

By:

a