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Township of Whitehall, PA
Lehigh County
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[1]
Editor's Note: See Home Rule Charter, § 12.03.
All Township contracts exceeding $5,000 for the construction, erection, installation, completion, addition, reconstruction, alteration or repair of any public building or other public work or public improvement, including highway work, shall comply with the requirements of the Pennsylvania "Public Works Contractors' Bond Law of 1967" (8 P.S. § 191 et seq.), which requires performance and labor and material payment bonds, each in the amount of 100% of the contract amount, as amended from time to time. Section 1804 of the First Class Township Code, which requires bonds for protection of labor and materialmen for certain contracts in excess of $1,500, shall not be applicable to Township contracts.[1]
[1]
Editor's Note: See Home Rule Charter, § 12.03.
If bonding is required by the Pennsylvania Public Works Contractor's Bond Law, or if the Township contract requires competitive bidding, or if bonding is otherwise required by the bid specifications, then the successful bidder shall be required to furnish performance, labor and material payment and maintenance bonds as specified, guaranteeing the performance of the contract, in accordance with the provisions of §§ 1802(c) and 1804 of the First Class Township Code (53 P.S. § 56802(c) and 56894), as amended from time to time.[1]
[1]
Editor's Note: See Home Rule Charter, § 12.03.
The performance bond and all other required bonds shall be written by a corporate surety company with an A.M. Best company rating or the equivalent reasonably acceptable to the Township or the Township Solicitor. The form and execution of the bonds shall be subject to the reasonable review and approval of the Township or the Township Solicitor.[1]
[1]
Editor's Note: See Home Rule Charter, § 12.03.
The amount of the performance bond and labor and material payment bonds shall be 100% of the contract amount; except that where the duration or term of the contract exceeds one year, then the performance bond and payment bond amount may be reduced to the contract amount for each year of the contract. The amount of the maintenance bond shall be determined at the discretion of the Township.[1]
[1]
Editor's Note: See Home Rule Charter, § 12.03.
[Amended 6-8-2009 by Ord. No. 2776, approved 11-3-2009]
The Performance Bond and Labor and Material Payment Bond shall be furnished within 20 days after the contract has been awarded, unless the Mayor shall prescribed a shorter period of not less than 10 days. If the contractor fails to furnish the required Performance Bond and Labor and Material Payment Bond within the prescribed time period, the award of the contract to the contractor shall be void.[1]
[1]
Editor's Note: See Home Rule Charter, § 12.03.