LORD Erie Robinson Road Relocation Project Exterior Sitework 2455 Robison Road

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1 WMF ARCHITECTURE INTERIORS CONSTRUCTION MANAGEMENT LORD Erie Robinson Road Relocation Project Exterior Sitework PROJECT MANUAL Project No. WMF Date: February 2014 WEBER MURPHY FOX INC WEST LAKE ROAD ERIE, PENNSYLVANIA T: (814) F: (814) CHARLOTTE CLEVELAND ERIE STATE COLLEGE

2 SECTION TABLE OF CONTENTS 00 PROCUREMENT AND CONTRACTING REQUIREMENTS TABLE OF CONTENTS DRAWING INDEX INVITATION TO BID INSTRUCTION TO BIDDERS AIA A SUPPLEMENTARY INSTRUCTIONS TO BIDDERS BID FORM A305 CONTRACTOR S QUALIFICATION STATEMENT AGREEMENT FORM AIA A GENERAL CONDITIONS AIA A SUPPLEMENTARY CONDITIONS WAGE DETERMINATION SCHEDULE 01 GENERAL REQUIREMENTS SUMMARY ALTERNATES SUBSTITUTION PROCEDURES PAYMENT PROCEDURES SUBMITTAL PROCEDURES TEMPORARY FACILITIES AND CONTROLS CONSTRUCTION WASTE MANAGEMENT AND DISPOSAL CLOSEOUT PROCEDURES 31 EARTHWORK EARTH MOVING 32 EXTERIOR IMPROVEMENTS ASPHALT PAVING CONCRETE PAVING TABLE OF CONTENTS

3 SECTION DRAWING INDEX CIVIL CI101 CI401 CI402 Overall Site Improvement Plan Enlarged Plans Enlarged Plans DRAWING INDEX

4 SECTION INVITATION TO BID LORD Corporation will receive sealed bids for the at the offices of Weber Murphy Fox, 3230 West Lake Road, Erie PA, until 3:00 PM local prevailing time, Wednesday April 16, Bids will be opened publicly. A single, stipulated sum bid will be required for Site Improvements, including all labor, material and equipment necessary to complete the roadway and parking lot restoration construction indicated within the contract documents. Work shall include partial removal and replacement of concrete curbs where indicated, removal and replacement of inlet frame and top grate, new asphalt wearing course over existing paving where indicated, milling and crack repair and new asphalt tack coat and asphalt binder course where indicated, restriping of parking lots, as defined in the bid documents. Bids shall be submitted in duplicate and mailed or delivered to Weber Murphy Fox in a sealed opaque envelope clearly marked on the face of the envelope the words "LORD ". If the bid is mailed, the envelope containing the bid shall be enclosed in a separate envelope with the words "sealed bid enclosed" endorsed on the face thereof. Each bid must be accompanied by a bid bond in the amount of ten percent (10%) of the amount of the bid in accordance with the bid documents. All bidders must submit each bid with the understanding that the Owner will require a Performance, Labor and Material Payment and Maintenance Bonds as specified. The cost of the required bonds shall be included in the Base Bid. All bidders must submit an AIA A305 Contractor s Qualification Statement with their bid with all the required attachments. Forms are included in this bid package. The Prevailing Wage Division of the Pennsylvania Department of Labor and Industry has issued a Prevailing Wage determination for this project. All conditions associated with this determination and the Regulations for Pennsylvania Prevailing Wage Act must be complied with. Plans and specifications may be examined and obtained at the offices of Weber Murphy Fox Inc. and will be posted on the Newforma document management system. Contact Patty Downey to get access to the pdowney@wmf-inc.com or call 814/ Hard copies can be purchased from the Architect for a nonrefundable amount of $ A pre-bid conference is scheduled for April 1, 10:30 AM at LORD Corporation,, Erie PA. Meet at the visitor main entrance lobby. Time is of the essence in the work. Requirements with regard to completion of portions of the work are contained in the Project Manual. LORD Corporation reserves the right to reject any or all bids and the right to waive irregularities in the bids. INVITATION TO BID

5 SECTION INSTRUCTIONS TO BIDDERS The Instructions to Bidders are those contained in the American Institute of Architects (A.I.A.) Standard Document No. A701, titled Instructions to Bidders, 1997 Edition, see copy attached. INSTRUCTION TO BIDDERS

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12 SECTION SUPPLEMENTARY INSTRUCTIONS TO BIDDERS The following supplements, modifies changes, deletes from, or adds to the "Instructions to Bidders", AIA Document A701, 1997 Edition. Where any Article of the Instructions to Bidders is modified by any paragraph of the Supplementary Instructions to Bidders, the unaltered provisions of that Article, Paragraph, Subparagraph or Clause shall remain in effect. BID PLANS AND DEPOSITS Bidders will be provided Plans and Specifications from the Architect's office. All bidders are advised that they are responsible for determining that the material given to them as a bid packet represents all conditions affecting their work. IT IS ADVISED THAT EACH BIDDER EXAMINE THE EXISTING SITE. PRE-BID CONFERENCE A Pre-bid Conference will be held at the site, LORD Corporation,, on April 1, 10:30 AM for the purpose of reviewing the project and answering bidder s questions. COMPLETION OF WORK Bidders submit the Bid with the understanding that Substantial Completion of portions of the work as described in the Supplemental Conditions must be accomplished by August 31, The Contractor is obligated to perform his scope of work within the period allotted in the Construction Schedule that is a part of the Bid and Contract Documents. Bidders attention is called to the fact that the schedule must be adhered to anticipating delivery, weather, and other normal delays. Extensions to the designated schedule may be granted under conditions and by procedures outlined in Division 1 Sections. CONTRACT FORMS The Contract will be prepared by the Architect on Standard AIA Forms as included in the Bid Documents. LORD Purchasing Policy and Standard Operating Procedure practices need to be observed and forms will need to be filled out by the awarded contractor which includes a Contractor Safety Guidelines form. AWARD OF CONTRACT The Contract will be awarded as soon as possible generally but not necessarily to the lowest responsible Bidder, providing the bids are reasonable and it is in the interest of the Owner to accept them. The Owner reserves the right to determine the qualification of any Bidder, which may include the Owner's investigation of the Bidder's ability to perform the Work. The Owner will determine supplier selections and awards based on optimum value. Optimum value is defined as lowest total cost balancing quality, unit cost, service, delivery and other business contractual requirements. The Owner reserves the right to waive any informality or defect in a bid, when such waiver is in the Owner's SUPPLEMENTARY INSTRUCTIONS TO BIDDERS

13 interest. If a Contract is awarded, work at the site may commence upon, but not before, receipt of Notice to Proceed. REJECTION OF BIDS The Owner shall reserve the right to reject any and all bids, when such rejection is in the interest of the Owner, and to reject the bid of any Bidder, if the investigation of such Bidder reveals that such Bidder would not be qualified to satisfy the obligations of the Contract. QUESTIONS DURING BID PERIOD All questions should be directed to Weber Murphy Fox, Inc., attention of Josh Williams, It is preferred that questions be submitted in writing via at jwilliams@wmf-inc.com. Answers regarding the scope of work or otherwise affecting the cost or performance of the work will be issued to all bidders as Addenda and shall be reflected and acknowledged in the Bid. METHOD OF SUBMITTING BIDS No Bid will be considered unless upon the Bid Forms for the Project. Bid forms are supplied in triplicate, two of which are to be submitted. All blank spaces in the Bid Form should be filled in correctly, where indicated, for each and every item for which a description is given, and the Bidder must state the prices (which should be written in ink, in words and numerals) for which he proposes to do each part of the work contemplated, and the total amount of all the parts included in any written words shall be considered as being the bid price. The Bidder shall fill in blanks that do not apply to the portions of the project being bid inserting the words not applicable. The Bidder shall sign his Bid correctly; if the Bid is made by an individual, in addition to his signature, his complete post office address of each member of the firm or partnership must be given. If made by a corporation, the person signing the Bid shall be the President, Vice-President, Secretary or Treasurer of the corporation, otherwise the signing individual's certificate of authority to execute such papers shall be accompanied by the Bid. CONDITION OF WORK Each Bidder must inform himself fully of the conditions relating to the construction of the project and the employment of labor thereon. Failure to do so will not relieve a successful Bidder of his obligations to furnish all materials and labor necessary to carry out the provisions of his Contract. In so far as possible, the Contractor, in carrying out his work, must employ such methods or means as will not cause interruption or interference with the work of any other Contractor. LAW AND REGULATION The Bidder's attention is directed to the fact that all applicable Federal Laws, State Laws, municipal ordinances and the rules and regulations of all public authorities having jurisdiction over construction of the Project shall apply to the Contract throughout, and they will be deemed to be included in the Contract the same as though herein written out in full. SUPPLEMENTARY INSTRUCTIONS TO BIDDERS

14 BONDS The following bonds are required and the cost for the same shall be included in the base bid: Bid Bond, 10% of the bid, Performance and Labor and Material Payment Bonds in the amount of one hundred percent (100%) of the Contract Sum. The Performance and Labor and Material Payment Bonds shall be executed by one or more surety companies legally authorized to do business in the Commonwealth of Pennsylvania. END OF SECTION SUPPLEMENTARY INSTRUCTIONS TO BIDDERS

15 SECTION BID FORM PROJECT: LORD Erie Robinson Road Relocation Project Exterior Sitework OWNER: ARCHITECT: LORD Corporation Weber Murphy Fox Inc West Lake Road Bid from,hereinafter called "Bidder". The Bidder, in compliance with the invitation for bids for the construction of the above project, having examined the Plans and Specifications with related documents, and the site of the proposed work, and being familiar with all conditions surrounding the construction of the proposed Project including the availability of materials and labor, hereby proposed to furnish all labor, materials, supervision, tax and equipment to construct the Project in accordance with the Contract Documents, within the time set forth therein, and at the prices stated below. The prices are to cover all expenses incurred in performing the work required under the Contract Documents, of which this bid is part. Bidder hereby agrees to commence work under this Contract, immediately upon receipt of written "Notice to Proceed" and to fully complete the Project within the time allotments specified. Bidder submits with this Bid a Bid Bond in the amount of ten percent (10%) of his Bid. Receipt of the following Addenda is hereby acknowledged. No. Date BID FORM

16 Site Improvements: Base Bid: ($ ) Alternate No. 1: Entrance drive connection between East parking lot and Hessinger Drive. Respectfully Submitted By: ($ ) Signature Title Company Business Address / Phone FAX END OF BID FORM Date of Submittal BID FORM

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21 SECTION FORM OF AGREEMENT The Form of Agreement of each Contract is the American Institute of Architects (A.I.A.) Standard Document No. A101, titled Standard Form of Agreement Between Owner and Contractor, 2007 Edition, see copy attached. FORM OF AGREEMENT

22 AIA Document A101 TM 2007 Standard Form of Agreement Between Owner and Contractor where the basis of payment is a Stipulated Sum AGREEMENT made as of the day of in the year (In words, indicate day, month and year.) BETWEEN the Owner: (Name, legal status, address and other information) «LORD Corporation» «16509» and the Contractor: (Name, legal status, address and other information) for the following Project: (Name, location and detailed description) «LORD Erie Robinson Road Relocation Project» «TIF Exterior Sitework Improvements» ADDITIONS AND DELETIONS: The author of this document has added information needed for its completion. The author may also have revised the text of the original AIA standard form. An Additions and Deletions Report that notes added information as well as revisions to the standard form text is available from the author and should be reviewed. This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. AIA Document A , General Conditions of the Contract for Construction, is adopted in this document by reference. Do not use with other general conditions unless this document is modified. The Architect: (Name, legal status, address and other information) «Weber Murphy Fox Inc.» «3230 West Lake Road Erie PA 16505» The Owner and Contractor agree as follows. ELECTRONIC COPYING of any portion of this AIA Document to another electronic file is prohibited and constitutes a violation of copyright laws as set forth in the footer of this document. AIA Document A Copyright 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 16:03:29 on 02/03/2014 under Order No _1 which expires on 11/09/2014, and is not for resale. User Notes: ( ) 1

23 TABLE OF ARTICLES 1 THE CONTRACT DOCUMENTS 2 THE WORK OF THIS CONTRACT 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 4 CONTRACT SUM 5 PAYMENTS 6 DISPUTE RESOLUTION 7 TERMINATION OR SUSPENSION 8 MISCELLANEOUS PROVISIONS 9 ENUMERATION OF CONTRACT DOCUMENTS 10 INSURANCE AND BONDS ARTICLE 1 THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, Addenda issued prior to execution of this Agreement, other documents listed in this Agreement and Modifications issued after execution of this Agreement, all of which form the Contract, and are as fully a part of the Contract as if attached to this Agreement or repeated herein. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. An enumeration of the Contract Documents, other than a Modification, appears in Article 9. ARTICLE 2 THE WORK OF THIS CONTRACT The Contractor shall fully execute the Work described in the Contract Documents, except as specifically indicated in the Contract Documents to be the responsibility of others. ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 3.1 The date of commencement of the Work shall be the date of this Agreement unless a different date is stated below or provision is made for the date to be fixed in a notice to proceed issued by the Owner. (Insert the date of commencement if it differs from the date of this Agreement or, if applicable, state that the date will be fixed in a notice to proceed.) If, prior to the commencement of the Work, the Owner requires time to file mortgages and other security interests, the Owner s time requirement shall be as follows: 3.2 The Contract Time shall be measured from the date of commencement. 3.3 The Contractor shall achieve Substantial Completion of the entire Work not later than ( ) days from the date of commencement, or as follows: (Insert number of calendar days. Alternatively, a calendar date may be used when coordinated with the date of commencement. If appropriate, insert requirements for earlier Substantial Completion of certain portions of the Work.) AIA Document A Copyright 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 16:03:29 on 02/03/2014 under Order No _1 which expires on 11/09/2014, and is not for resale. User Notes: ( ) 2

24 Portion of Work Substantial Completion Date, subject to adjustments of this Contract Time as provided in the Contract Documents. (Insert provisions, if any, for liquidated damages relating to failure to achieve Substantial Completion on time or for bonus payments for early completion of the Work.) «The Contractors (and the Contractors Sureties) bearing responsibility for delays shall be liable for and shall pay the Owner the sum of $500 per day for each calendar day of delay until the Work is Substantially Complete. Allocation of the responsibility for delays and pro-ration of the liquidated damages shall be at the judgment of the Architect/Owner.» ARTICLE 4 CONTRACT SUM 4.1 The Owner shall pay the Contractor the Contract Sum in current funds for the Contractor s performance of the Contract. The Contract Sum shall be ($ ), subject to additions and deductions as provided in the Contract Documents. 4.2 The Contract Sum is based upon the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner: (State the numbers or other identification of accepted alternates. If the bidding or proposal documents permit the Owner to accept other alternates subsequent to the execution of this Agreement, attach a schedule of such other alternates showing the amount for each and the date when that amount expires.) 4.3 Unit prices, if any: (Identify and state the unit price; state quantity limitations, if any, to which the unit price will be applicable.) Item Units and Limitations Price Per Unit ($0.00) 4.4 Allowances included in the Contract Sum, if any: (Identify allowance and state exclusions, if any, from the allowance price.) Item Price ARTICLE 5 PAYMENTS 5.1 PROGRESS PAYMENTS Based upon Applications for Payment submitted to the Architect by the Contractor and Certificates for Payment issued by the Architect, the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided below and elsewhere in the Contract Documents The period covered by each Application for Payment shall be one calendar month ending on the last day of the month, or as follows: Provided that an Application for Payment is received by the Architect not later than the «fifth» day of a month, the Owner shall make payment of the certified amount in the Application for Payment to the Contractor not later than the «twentieth» day of the «following» month. If an Application for Payment is received by the Architect after the application date fixed above, payment shall be made by the Owner not later than «forty-five» ( «45» ) days after the Architect approves the Application for Payment. (Federal, state or local laws may require payment within a certain period of time.) AIA Document A Copyright 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 16:03:29 on 02/03/2014 under Order No _1 which expires on 11/09/2014, and is not for resale. User Notes: ( ) 3

25 5.1.4 Each Application for Payment shall be based on the most recent schedule of values submitted by the Contractor in accordance with the Contract Documents. The schedule of values shall allocate the entire Contract Sum among the various portions of the Work. The schedule of values shall be prepared in such form and supported by such data to substantiate its accuracy as the Architect may require. This schedule, unless objected to by the Architect, shall be used as a basis for reviewing the Contractor s Applications for Payment Applications for Payment shall show the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment Subject to other provisions of the Contract Documents, the amount of each progress payment shall be computed as follows:.1 Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the Contract Sum allocated to that portion of the Work in the schedule of values, less retainage of «Ten» percent ( «10» %). Pending final determination of cost to the Owner of changes in the Work, amounts not in dispute may be included as provided in Section of AIA Document A , General Conditions of the Contract for Construction;.2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction (or, if approved in advance by the Owner, suitably stored off the site at a location agreed upon in writing), less retainage of «Ten» percent ( «10» %);.3 Subtract the aggregate of previous payments made by the Owner; and.4 Subtract amounts, if any, for which the Architect has withheld or nullified a Certificate for Payment as provided in Section 9.5 of AIA Document A The progress payment amount determined in accordance with Section shall be further modified under the following circumstances:.1 Add, upon Substantial Completion of the Work, a sum sufficient to increase the total payments to the full amount of the Contract Sum, less such amounts as the Architect shall determine for incomplete Work, retainage applicable to such work and unsettled claims; and (Section of AIA Document A requires release of applicable retainage upon Substantial Completion of Work with consent of surety, if any.).2 Add, if final completion of the Work is thereafter materially delayed through no fault of the Contractor, any additional amounts payable in accordance with Section of AIA Document A Reduction or limitation of retainage, if any, shall be as follows: (If it is intended, prior to Substantial Completion of the entire Work, to reduce or limit the retainage resulting from the percentages inserted in Sections and above, and this is not explained elsewhere in the Contract Documents, insert here provisions for such reduction or limitation.) Except with the Owner s prior approval, the Contractor shall not make advance payments to suppliers for materials or equipment which have not been delivered and stored at the site. 5.2 FINAL PAYMENT Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor when.1 the Contractor has fully performed the Contract except for the Contractor s responsibility to correct Work as provided in Section of AIA Document A , and to satisfy other requirements, if any, which extend beyond final payment; and.2 a final Certificate for Payment has been issued by the Architect The Owner s final payment to the Contractor shall be made no later than 30 days after the issuance of the Architect s final Certificate for Payment, or as follows: AIA Document A Copyright 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 16:03:29 on 02/03/2014 under Order No _1 which expires on 11/09/2014, and is not for resale. User Notes: ( ) 4

26 ARTICLE 6 DISPUTE RESOLUTION 6.1 INITIAL DECISION MAKER The Architect will serve as Initial Decision Maker pursuant to Section 15.2 of AIA Document A , unless the parties appoint below another individual, not a party to this Agreement, to serve as Initial Decision Maker. (If the parties mutually agree, insert the name, address and other contact information of the Initial Decision Maker, if other than the Architect.) 6.2 BINDING DISPUTE RESOLUTION For any Claim subject to, but not resolved by, mediation pursuant to Section 15.3 of AIA Document A , the method of binding dispute resolution shall be as follows: (Check the appropriate box. If the Owner and Contractor do not select a method of binding dispute resolution below, or do not subsequently agree in writing to a binding dispute resolution method other than litigation, Claims will be resolved by litigation in a court of competent jurisdiction.) [ ] Arbitration pursuant to Section 15.4 of AIA Document A [ «X» ] Litigation in a court of competent jurisdiction [ ] Other (Specify) ARTICLE 7 TERMINATION OR SUSPENSION 7.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of AIA Document A The Work may be suspended by the Owner as provided in Article 14 of AIA Document A ARTICLE 8 MISCELLANEOUS PROVISIONS 8.1 Where reference is made in this Agreement to a provision of AIA Document A or another Contract Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. 8.2 Payments due and unpaid under the Contract shall bear interest from the date payment is due at the rate stated below, or in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located. (Insert rate of interest agreed upon, if any.) «1» % «One percent per month (12% simple annual interest).» 8.3 The Owner s representative: (Name, address and other information) «Steve Pattison» 8.4 The Contractor s representative: (Name, address and other information) AIA Document A Copyright 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 16:03:29 on 02/03/2014 under Order No _1 which expires on 11/09/2014, and is not for resale. User Notes: ( ) 5

27 8.5 Neither the Owner s nor the Contractor s representative shall be changed without ten days written notice to the other party. 8.6 Other provisions: «1. Change Order will carry a maximum of ten percent (10%) markup to labor costs with your own forces for overhead and profit; and a maximum of five percent (5%) markup to subcontractors, material and equipment costs for overhead and profit. 2. The Contractor hereby acknowledges that he has visited the site and acquainted himself with the existing working conditions and that there will be no claim for additional costs caused by any conditions which are visible or could be reasonably anticipated.» ARTICLE 9 ENUMERATION OF CONTRACT DOCUMENTS 9.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated in the sections below The Agreement is this executed AIA Document A , Standard Form of Agreement Between Owner and Contractor The General Conditions are AIA Document A , General Conditions of the Contract for Construction The Supplementary and other Conditions of the Contract: Document Title Date Pages The Specifications: (Either list the Specifications here or refer to an exhibit attached to this Agreement.) Section Title Date Pages The Drawings: (Either list the Drawings here or refer to an exhibit attached to this Agreement.) Number Title Date The Addenda, if any: Number Date Pages Portions of Addenda relating to bidding requirements are not part of the Contract Documents unless the bidding requirements are also enumerated in this Article Additional documents, if any, forming part of the Contract Documents:.1 AIA Document E , Digital Data Protocol Exhibit, if completed by the parties, or the following: AIA Document A Copyright 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 16:03:29 on 02/03/2014 under Order No _1 which expires on 11/09/2014, and is not for resale. User Notes: ( ) 6

28 .2 Other documents, if any, listed below: (List here any additional documents that are intended to form part of the Contract Documents. AIA Document A provides that bidding requirements such as advertisement or invitation to bid, Instructions to Bidders, sample forms and the Contractor s bid are not part of the Contract Documents unless enumerated in this Agreement. They should be listed here only if intended to be part of the Contract Documents.) «WMF Electronic Documents Terms of Use» ARTICLE 10 INSURANCE AND BONDS The Contractor shall purchase and maintain insurance and provide bonds as set forth in Article 11 of AIA Document A (State bonding requirements, if any, and limits of liability for insurance required in Article 11 of AIA Document A ) Type of insurance or bond Limit of liability or bond amount ($0.00) Certificate of Insurance Per Supplementary Conditions Article 11 & Appendix G This Agreement entered into as of the day and year first written above. OWNER (Signature) CONTRACTOR (Signature) (Printed name and title) (Printed name and title) AIA Document A Copyright 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 16:03:29 on 02/03/2014 under Order No _1 which expires on 11/09/2014, and is not for resale. User Notes: ( ) 7

29 SECTION GENERAL CONDITIONS The General Conditions of each Contract are those contained in the American Institute of Architects (A.I.A.) Standard Document No. A201, titled General Conditions of the Contract for Construction, 2007 Edition, see copy attached. GENERAL CONDITIONS

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68 SUPPLEMENTARY CONDITIONS The following supplements modify, change, delete from, or add to the "General Conditions of the Contract for Construction", AIA A Where any Article, Paragraph, Subparagraph or Clause of the General Conditions is modified by the following Supplementary Conditions, the unaltered provisions of that Article, Paragraph, Subparagraph or Clause shall remain in effect. ARTICLE 1 - GENERAL PROVISIONS Add to Subparagraph the following: The `Notice for Invitations for Bids', the `Instructions to Bidders', and the `Supplementary Instructions to Bidders' shall also form a part of the Contract Documents. Add the following Subparagraphs and 1.2.5: Any material or operation specified by reference to published specifications of a manufacturer, a society, an association, a code, or other published standard shall comply with requirements of the listed document which is current of date of receipt of bids. In case of a conflict between referenced document and project specifications, or between referenced documents, the more stringent code or performance requirements shall govern The Contractor, if requested, shall furnish an affidavit from the manufacturer certifying that materials or products delivered to the Project meet the requirements specified. ARTICLE 2 OWNER NO MODIFICATIONS ARTICLE 3 - CONTRACTOR Add the following Subparagraphs 3.4.4, 3.4.5, and 3.4.7: Approval of Sources of Labor and Materials: A. The Contractor shall provide to the Owner, a list showing the names of installing Subcontractors proposed to perform the major portions of the work prior to award of the contract. Owner may require additional contractor and/or sub-contractor information, e.g. safety, insurance data, etc., as necessary, throughout the contract period. B. The Owner will promptly reply in writing to the Contractor stating whether the Owner or the Architect, after due investigation, has reasonable objection to any such proposal. If adequate data on any proposed manufacturer or installer is not available, the Architect may state that action will be deferred until the Contractor provides further data. Failure of the Owner or Architect to reply promptly shall constitute notice of no reasonable objection. Failure to object to a manufacturer shall not constitute a waiver of any of the requirements of the contract documents, and all products furnished by the listed manufacturer must conform to such requirements. C. Installing Subcontractors proposed by the Contractor and approved by the Owner may not be changed without written consent of the Owner. D. All trade contractors must be a US Citizen or Permanent Resident Alien. Each person coming on site to perform work/services will be required to submit a Trade Compliance (Citizenship) Verification form prior to access to property. A copy of the LORD Citizenship SUPPLEMENTARY CONDITIONS

69 Status form is attached to the end of this section Standard of Quality: The various materials and products specified in the specifications by name or description are given to establish a standard of quality and of cost for bid purposes. It is not the intent to limit the acceptance to any one material or product specified, but rather to name or describe it as the absolute minimum standard that is desired and acceptable. Where proprietary names are used, whether or not followed by the words "or as approved equal," they shall be subject to equals only as approved by the Architect Fair Labor Standards Act: Contractor warrants and hereby certifies that in the performance of this order, Contractor shall comply, and shall cause all items or services furnished hereunder to comply with all current governmental and safety constraints on restricted, toxic and hazardous materials as well as environmental, electrical, and electromagnetic considerations applicable to the country of manufacture and sale. In addition, Contractor shall comply, and shall cause all items or services furnished hereunder to comply with the Fair Labor Standards Act of 1938, as amended, and Contractor agrees that this certification may be considered as a certificate contemplated by the Act. Contractor further warrants and certifies that its performance of this order and the items and services furnished hereunder shall be in compliance with all applicable federal, state and local laws, rules, regulations, standards and orders, including, without limitation, the Equal Opportunity Clause in Section 202 of Executive Order of September 24, 1965, as amended; the Affirmative Action provisions referenced in the regulations at 41 CFR Parts 60-1 through , and Section 402/503 and the regulations at 41 CFR Parts and ; and the provision of the Toxic Substances Control Act of 1976, as amended OSHA Compliance: Contractor warrants and certified that the items covered by this order shall be in compliance with the provisions of the Federal Occupational Safety and Health Act of 1970 (OSHA) as amended; and regulations thereunder at the time of shipment by the Contractor; or upon completion of, if installed by the Contractor; or ;upon assembly by Owner, in accordance with Contractor s instructions. Where services are being provided, Contractor shall perform the services in a manner so as to comply with the applicable provisions of OSHA and regulations thereunder. Contractor further agrees to defend, indemnify and hold Owner harmless for any loss, damage, fine, penalty or any expense whatsoever as a result of Contractor s failure to comply with OSHA and any standards or regulations issued thereunder. ARTICLE 4 ARCHITECT NO MODIFICATIONS ARTICLE 5 SUBCONTRACTORS NO MODIFICATIONS ARTICLE 6 CONSTRUCTION BY OWNER OR BY OTHER CONTRACTORS NO MODIFICATIONS ARTICLE 7 - CHANGES IN THE WORK NO MODIFICATIONS SUPPLEMENTARY CONDITIONS

70 ARTICLE 8 - TIME Add the following Subparagraph and 8.1.6: Schedule: Time is of the essence for this Work. Contractors must make all necessary provisions for labor and material delivery in order to accomplish the Start and the Substantial Completion dates. It is critical that designated phases of Work be completed within the time frames as indicated. Extensions to the schedule may be only granted in accordance with conditions and procedures outlined in the General Conditions Liquidated Damages: The Contractors (and the Contractors Sureties), bearing responsibility for delays shall be liable for and shall pay the Owner the sum of $500 per day for each calendar day of delay until the Work of each phase, as described in the Construction Schedule, is Substantially Complete. Allocation of the responsibility for delays and pro-ration of the liquidated damages shall be at the judgment of the Architect/Owner. ARTICLE 9 PAYMENTS AND COMPLETION 9.3 APPLICATION FOR PAYMENT Add to Subparagraph 9.3.1: A. Application for Payment shall be submitted to the Architect in triplicate on AIA Documents G702 and G703 which includes the Schedule of Values adjusted from the original to show actual condition at time of submission. B. Upon Substantial Completion, the Contractor shall submit Consent of Surety to Reduction in or Partial Release of Retainage, AIA Document G707A if required. Owner reserves the right to withhold payment of retainage for incomplete or non-conforming Work in the amount of 150% of the estimated value of that Work. ARTICLE 10 PROTECTION OF PERSONS AND PROPERTY NO MODIFICATIONS ARTICLE 11 INSURANCE Amend Subparagraphs as follows: In the first line following the word "maintain," insert the words: "in an "A" rated company or companies licensed to do business in the Commonwealth of Pennsylvania". Add the following Subparagraph and : Limits of Liability A. See attached Appendix G for LORD insurance requirements. B. Prior to commencement of any physical work on the premises, the Contractor shall furnish one copy of each of Certificates of Insurance herein required for each copy of the Contract which shall specifically set forth evidence of all coverage required. The form of the Certificates shall be AIA Document G705 "Certificate of Insurance", or other form acceptable to the Owner. The Contractor shall furnish to the Owner copies of any endorsements that are subsequently issued amending coverage or limits In the event the Contractor neglects, refuses or fails to provide the insurance required by the Contract Documents, or if such insurance is canceled for any reason, the Owner shall have the right but not the duty to procure the same, and the cost thereof shall be deducted from monies then due or thereafter to become due to the Contractor. SUPPLEMENTARY CONDITIONS

71 ARTICLE 12 - UNCOVERING AND CORRECTION OF WORK NO MODIFICATIONS ARTICLE 13 MISCELLANEOUS PROVISIONS Add the following Subparagraph 13.8: 13.8 Permits, Fees and Notices The Owner shall secure and pay for Pennsylvania Department of Labor and Industry approval and the General Building Permit. Each Prime Contractor shall secure and pay for all other permits and governmental fees, licenses, and inspections necessary for the proper execution of and completion of the Contract, which are legally required when bids are received, or negotiations concluded. ARTICLE 14 TERMINATION OR SUSPENSION OF THE CONTRACT NO MODIFICATIONS ARTICLE 15 CLAIMS AND DISPUTES NO MODIFICATIONS END OF SUPPLEMENTARY CONDITIONS SUPPLEMENTARY CONDITIONS

72 SECTION PENNSYLVANIA DEPARTMENT OF LABOR AND INDUSTRY PREVAILING WAGES PROJECT RATES See attached rates for this project listed on the determination as LORD Erie Robinson Road Relocation Project-Exterior Sitework. WAGE DETERMINTION SCHEDULE

73 PREVAILING WAGES PROJECT RATES Project Name: LORD Erie Robinson Road Relocation Project-Exterior Sitework Awarding Agency: Erie County Industrial Development Authority Contract Award Date: 5/15/2014 Serial Number: Project Classification: Heavy/Highway Determination Date: 3/20/2014 Assigned Field Office: Pittsburgh Field Office Phone Number: Toll Free Phone Number: Erie County Building Asbestos & Insulation Workers Asbestos & Insulation Workers Asbestos & Insulation Workers Boilermakers Bricklayer Bricklayer Bricklayer Carpenters, Drywall Hangers, Framers, Instrument Men, Lathers, Soft Floor Layers Carpenters, Drywall Hangers, Framers, Instrument Men, Lathers, Soft Floor Layers Carpenters, Drywall Hangers, Framers, Instrument Men, Lathers, Soft Floor Layers Carpenters, Drywall Hangers, Framers, Instrument Men, Lathers, Soft Floor Layers Carpenters, Drywall Hangers, Framers, Instrument Men, Lathers, Soft Floor Layers Carpenters, Drywall Hangers, Framers, Instrument Men, Lathers, Soft Floor Layers Effective Date Expiration Date Hourly Rate Fringe Benefits Total 8/1/2011 $31.63 $20.04 $ /1/2012 $32.93 $20.04 $ /1/2013 $31.83 $22.37 $ /1/2008 $33.90 $20.06 $ /1/2011 $25.62 $15.98 $ /1/2011 $26.07 $16.28 $ /1/2013 $27.27 $17.08 $ /1/2009 $25.79 $10.63 $ /1/2010 $26.23 $11.08 $ /1/2011 $26.86 $11.36 $ /16/2012 $27.19 $12.04 $ /1/2013 $27.50 $12.73 $ /1/2014 $27.81 $13.42 $41.23 Page 1 of 14 03/24/2014

74 PREVAILING WAGES PROJECT RATES Building Cement Masons Cement Masons Cement Masons Cement Masons Cement Masons Dockbuilder, Pile Drivers Dockbuilder, Pile Drivers Dockbuilder, Pile Drivers Dockbuilder, Pile Drivers Dockbuilder, Pile Drivers Dockbuilder, Pile Drivers Dockbuilder, Pile Drivers Drywall Finisher Drywall Finisher Drywall Finisher Drywall Finisher Electric Lineman Electricians & Telecommunications Installation Technician Electricians & Telecommunications Installation Technician Electricians & Telecommunications Installation Technician Elevator Constructor Elevator Constructor Elevator Constructor Glazier Glazier Glazier Glazier Glazier Iron Workers (Bridge, Structural Steel, Ornamental, Precast, Reinforcing) Iron Workers (Bridge, Structural Steel, Ornamental, Precast, Reinforcing) Effective Date Expiration Date Hourly Rate Fringe Benefits Total 5/1/2012 $25.26 $13.09 $ /1/2013 $25.36 $13.89 $ /1/2014 $25.46 $14.74 $ /1/2015 $25.56 $15.64 $ /1/2016 $25.66 $16.54 $ /1/2010 $29.95 $12.25 $ /1/2011 $30.35 $13.10 $ /1/2012 $30.85 $13.70 $ /1/2013 $31.45 $14.20 $ /1/2014 $31.45 $15.60 $ /1/2015 $31.74 $16.57 $ /1/2016 $32.03 $17.53 $ /1/2010 $20.52 $12.45 $ /1/2011 $20.53 $13.44 $ /1/2012 $20.53 $14.43 $ /1/2013 $21.07 $14.89 $ /1/2006 $35.15 $14.64 $ /4/2012 $28.00 $20.68 $ /3/2013 $28.97 $21.61 $ /2/2014 $29.94 $22.44 $ /1/2012 $42.28 $23.84 $ /1/2013 $42.61 $25.49 $ /1/2014 $43.22 $27.09 $ /1/2009 $24.88 $5.67 $ /1/2010 $24.88 $6.27 $ /1/2011 $25.28 $6.67 $ /1/2012 $25.68 $7.07 $ /1/2013 $26.29 $7.26 $ /1/2010 $25.74 $21.63 $ /1/2011 $26.00 $23.17 $49.17 Page 2 of 14 Serial Number:

75 PREVAILING WAGES PROJECT RATES Building Iron Workers (Bridge, Structural Steel, Ornamental, Precast, Reinforcing) Iron Workers (Bridge, Structural Steel, Ornamental, Precast, Reinforcing) Laborers (Class 01 - See notes) Laborers (Class 01 - See notes) Laborers (Class 02 - See notes) Laborers (Class 02 - See notes) Landscape Laborer Landscape Laborer Landscape Laborer (Skilled) Landscape Laborer (Skilled) Landscape Laborer (Tractor Operator) Landscape Laborer (Tractor Operator) Marble Finisher Marble Finisher Marble Finisher Marble Finisher Marble Finisher Marble Finisher Marble Finisher Marble Finisher Marble Mason Marble Mason Marble Mason Marble Mason Millwright Millwright Millwright Millwright Operators (Class 01 - see notes) Operators (Class 01 - see notes) Effective Date Expiration Date Hourly Rate Fringe Benefits Total 6/1/2012 $27.02 $23.50 $ /1/2013 $27.56 $24.19 $ /1/2013 $20.91 $12.45 $ /1/2014 $20.96 $13.30 $ /1/2013 $21.41 $12.45 $ /1/2014 $21.46 $13.30 $ /1/2009 $18.25 $9.05 $ /1/2010 $18.25 $9.90 $ /1/2009 $18.67 $9.05 $ /1/2010 $18.67 $9.90 $ /1/2009 $18.97 $9.05 $ /1/2010 $18.97 $9.90 $ /1/2009 $19.17 $10.55 $ /1/2009 $19.32 $11.05 $ /1/2010 $19.52 $11.70 $ /1/2011 $20.57 $11.85 $ /1/2012 $21.27 $11.35 $ /1/2013 $21.95 $11.65 $ /1/2013 $22.07 $11.73 $ /1/2014 $22.07 $12.23 $ /1/2009 $19.42 $8.48 $ /1/2009 $19.42 $8.91 $ /1/2011 $19.42 $9.60 $ /1/2013 $19.42 $9.85 $ /1/2011 $34.42 $15.08 $ /1/2012 $35.89 $16.11 $ /1/2013 $36.49 $16.76 $ /1/2014 $37.35 $17.15 $ /1/2008 $25.57 $12.35 $ /1/2010 $26.67 $13.05 $39.72 Page 3 of 14 Serial Number:

76 PREVAILING WAGES PROJECT RATES Building Operators (Class 01 - see notes) Operators (Class 01 - see notes) Operators (Class 01 - see notes) Operators (Class 01 - see notes) Operators (Class 02 -see notes) Operators (Class 02 -see notes) Operators (Class 02 -see notes) Operators (Class 02 -see notes) Operators (Class 02 -see notes) Operators (Class 02 -see notes) Operators (Class 03 - see notes) Operators (Class 03 - See notes) Operators (Class 03 - See notes) Operators (Class 03 - see notes) Operators (Class 03 - see notes) Operators (Class 03 - see notes) Operators (Class 04 - Surveying Instrument Man) Operators (Class 04 - Surveying Instrument Man) Operators (Class 04 - Surveying Instrument Man) Operators (Class 04 - Surveying Instrument Man) Operators (Class 04 - Surveying Instrument Man) Operators (Class 04 - Surveying Instrument Man) Operators (Class 04 - Surveying Party Chief) Operators (Class 04 - Surveying Party Chief) Operators (Class 04 - Surveying Party Chief) Operators (Class 04 - Surveying Party Chief) Operators (Class 04 - Surveying Party Chief) Operators (Class 04 - Surveying Party Chief) Operators (Class 04 - Surveying Rodman/Chainman) Effective Date Expiration Date Hourly Rate Fringe Benefits Total 5/1/2011 $27.17 $13.45 $ /1/2012 $27.45 $14.24 $ /1/2013 $27.85 $14.69 $ /1/2014 $28.25 $15.14 $ /1/2008 $24.90 $12.35 $ /1/2010 $26.00 $13.05 $ /1/2011 $26.50 $13.45 $ /1/2012 $26.78 $14.24 $ /1/2013 $27.18 $14.69 $ /1/2014 $27.58 $15.14 $ /1/2008 $22.12 $12.35 $ /1/2010 $23.02 $13.05 $ /1/2011 $23.42 $13.45 $ /1/2012 $23.60 $14.24 $ /1/2013 $23.90 $14.69 $ /1/2014 $24.20 $15.14 $ /1/2008 $22.41 $12.35 $ /1/2010 $23.31 $13.05 $ /1/2011 $23.71 $13.45 $ /1/2012 $23.89 $14.24 $ /1/2013 $24.19 $14.69 $ /1/2014 $24.49 $15.14 $ /1/2008 $23.14 $12.35 $ /1/2010 $24.04 $13.05 $ /1/2011 $24.44 $13.45 $ /1/2012 $24.62 $14.24 $ /1/2013 $24.92 $14.69 $ /1/2014 $25.22 $15.14 $ /1/2008 $22.12 $12.35 $34.47 Page 4 of 14 Serial Number:

77 PREVAILING WAGES PROJECT RATES Building Operators (Class 04 - Surveying Rodman/Chainman) Operators (Class 04 - Surveying Rodman/Chainman) Operators (Class 04 - Surveying Rodman/Chainman) Operators (Class 04 - Surveying Rodman/Chainman) Operators (Class 04 - Surveying Rodman/Chainman) Painters (Brush and Roller)(Commercial) Painters (Brush and Roller)(Commercial) Painters (Brush and Roller)(Commercial) Painters (Brush and Roller)(Commercial) Painters (Spray and Sandblasting) (Commercial) Painters (Spray and Sandblasting) (Commercial) Painters (Spray and Sandblasting) (Commercial) Painters (Spray and Sandblasting) (Commercial) Pile Driver Divers (Building, Heavy, Highway) Pile Driver Divers (Building, Heavy, Highway) Pile Driver Divers (Building, Heavy, Highway) Pile Driver Divers (Building, Heavy, Highway) Pile Driver Divers (Building, Heavy, Highway) Plasterers Plasterers Plasterers Plasterers Plasterers Plumbers and Steamfitters Plumbers and Steamfitters Plumbers and Steamfitters Plumbers and Steamfitters Plumbers and Steamfitters Effective Date Expiration Date Hourly Rate Fringe Benefits Total 5/1/2010 $23.02 $13.05 $ /1/2011 $23.42 $13.45 $ /1/2012 $23.60 $14.24 $ /1/2013 $23.90 $14.69 $ /1/2014 $24.20 $15.14 $ /1/2010 $20.27 $12.45 $ /1/2011 $20.28 $13.44 $ /1/2012 $20.28 $14.43 $ /1/2013 $20.82 $14.89 $ /1/2010 $21.02 $12.45 $ /1/2011 $21.03 $13.44 $ /1/2012 $21.03 $14.43 $ /1/2013 $21.57 $14.89 $ /1/2007 $40.40 $10.77 $ /1/2010 $44.39 $12.25 $ /1/2011 $45.53 $13.00 $ /1/2012 $46.28 $13.60 $ /1/2013 $47.18 $14.10 $ /1/2010 $21.25 $12.00 $ /1/2011 $21.25 $12.45 $ /1/2012 $22.25 $12.50 $ /1/2013 $22.50 $12.75 $ /1/2014 $23.25 $12.50 $ /1/2009 $32.20 $16.44 $ /1/2010 $33.38 $17.38 $ /1/2011 $34.16 $17.96 $ /1/2012 $35.07 $18.42 $ /1/2013 $35.97 $18.88 $54.85 Page 5 of 14 Serial Number: