HomeMy WebLinkAboutIFB 2026111-03 Standing Timbering for Sale FINAL
INVITATION FOR BIDS
Notice is hereby given that sealed bids will be received by the Franklin County Controller’s Office, Franklin
County Administration Building, 272 North Second Street, Chambersburg, PA 17201 for Standing Black
Walnut Timbering until 4:00 PM prevailing time on Tuesday March 24, 2026. All bids so received will be
publicly opened and read on Wednesday March 25, 2026 at 10:00 AM prevailing time at the Franklin
County Commissioners’ Office, 272 North Second Street, Chambersburg, PA 17201.
Specifications, instructions and bid form will be furnished by the Franklin County Procurement Office
upon request at 272 North Second Street, Chambersburg, PA 17201, or by calling (717) 261-3890.
The Franklin County Commissioners reserve the right to reject any or all bids and to waive any or all
defects, errors, omissions, irregularities or informalities in any bid.
Awards shall be made only to responsible bidders that possess the potential to perform successfully under
the terms and conditions of this procurement. Consideration shall be given to such matters as bidder
integrity, compliance with public policy, record of past performance and financial and technical resources
when determining responsibility.
FRANKLIN COUNTY COMMISSIONERS
Dean A. Horst, Chairman
John T. Flannery
Robert G. Ziobrowski
LEGAL AD
Standing Timber for Sale
Proof of Publication Requested
Please Publish – March 2, 2026 and March 5, 2026
INVITATION TO BID
STANDING BLACK WALNUT TIMBERING
County of Franklin, Pennsylvania
IFB 2026111-03
SHENANDOAH FORESTRY SERVICES LLC
Professional Forestry Consultation
January 13, 2026
Paul Scarlata II/ Dan Hughes Home Phone: (304) 229-9225/ (304) 264-3929
308 Shiley Rd. Mobile: (717) 496-5800/ (304) 582-8173
Inwood, WV 25428 Fax: (304) 229-9225 Email: pascarlata2@frontier.com
Table of Contents
INTRODUCTION ................................................................................................................................................ 1
1. GENERAL INFORMATION. ................................................................................................................... 1
2. DESCRIPTION OF THE GOVERNMENT ................................................................................................. 1
3. TIME REQUIREMENTS. ........................................................................................................................ 1
INSTRUCTIONS TO BIDDERS ............................................................................................................................. 1
1. PREPARATION OF BID ......................................................................................................................... 1
2. PERFORMANCE DEPOSIT .................................................................................................................... 2
3. AWARD AND EXECUTION OF THE CONTRACT .................................................................................... 2
4. WITHDRAWAL OF BIDS ....................................................................................................................... 2
5. RIGHT TO REJECT BIDS ........................................................................................................................ 2
6. TIME OF COMPLETION ........................................................................................................................ 2
7. EXEMPTION FROM FEDERAL EXCISE AND PENNSYLVANIA SALES TAX ............................................... 3
8. PROTECTION BY PURCHASER .............................................................................................................. 3
9. PRE-BID CONFERENCE/SITE TOUR ...................................................................................................... 3
10. QUESTION AND ANSWER PERIOD .................................................................................................. 3
11. INSURANCE COVERAGE .................................................................................................................. 3
12. NONDISCRIMINATION CLAUSE ....................................................................................................... 4
13. CONTRACT PROVISIONS ................................................................................................................. 5
BID SPECIFICATIONS ......................................................................................................................................... 6
INSTRUCTIONS FOR NON-COLLUSION AFFIDAVIT
AGREEMENT
BID FORM
BID CHECKLIST
Page 1
PLEASE READ AND FOLLOW ALL INSTRUCTIONS CAREFULLY.
FAILURE TO FOLLOW INSTRUCTIONS MAY RESULT IN REJECTION OF THE BID.
INTRODUCTION
1. GENERAL INFORMATION. The County of Franklin, PA (“County”) is requesting bids from qualified
firms to purchase and harvest standing black walnut timber on the herein designated properties
in Chambersburg, Pennsylvania.
2. DESCRIPTION OF THE GOVERNMENT. The County of Franklin, PA was incorporated on September
9, 1784. The County is a fourth-class county with a population of 155,932 (2020 Census). It
operates under a three-member elected Board of Commissioners. The County provides services to
its citizens such as judicial administration, human services, public safety, public works, economic
development and general administration.
3. TIME REQUIREMENTS.
Invitation for Bid Friday March 2, 2026
Questions & Answers ends Monday March 16, 2026 at 4:00 PM
Due Date for Bids Tuesday March 24, 2026 at 4:00 PM
Bid Opening Wednesday March 25, 2026 10:00 AM
Anticipated Award April 1, 2026 10:00 AM
INSTRUCTIONS TO BIDDERS
1. PREPARATION OF BID
1.1 Bids shall be addressed to and will be received by the Franklin County Controller’s Office,
Franklin County Administration Building, 272 North Second Street, Chambersburg, PA 17201
until 4:00 PM prevailing time on Tuesday March 24, 2026. All bids so received will be publicly
opened and read at the Franklin County Commissioners on Wednesday March 25, 2026 10:00 AM
at the Franklin County Commissioners’ Office, 272 North Second Street, Chambersburg, PA 17201.
1.2 Bids shall be enclosed in sealed opaque envelopes. Bids shall be identified by disclosing on the
face of the envelope the name of the project, “Standing Timbering for Franklin County” and the
name of the bidder.
1.3 Attention is directed to the Bid Form in the Bidding Documents. Failure to fill out, execute and
submit this form as specified is sufficient reason for rejection.
1.4 Bids must be signed by an owner, partner, or in the case of a corporation, by the President or Vice
President and attested by the Secretary, with Corporate Officer, a Power-of-Attorney must be
attached to the bid.
1.5 All applicable blank spaces in the bid shall be filled in clearly where indicated, either typed or
written in ink. Altering and/or changing any part of this bid will be sufficient reason for rejection.
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1.6 Where so indicated by the makeup of the Bid Form, sums shall be expressed in both words and
figures, and in the case of discrepancy between the two, the amount written in words shall
govern.
1.7 The owner reserves the right to award the contracts to the other than highest bidder if, in its
opinion, the products/service included within such bids are not equal to the standard established
for such projects in the specifications.
1.8 Each bidder shall be required to execute a Non-Collusion Affidavit, and affix it to the Bid Form. No
bid shall be considered unless accompanied by such executed affidavits.
2. PERFORMANCE DEPOSIT
2.1 Before harvest begins, Purchaser shall, in addition to the Purchase Price, deliver into possession of
Agent (Shenandoah Forestry Services, LLC) a performance deposit (the “Deposit”) of Eight
Thousand Dollars ($8,000.00), in cash, payable to Agent. Agent will hold the Deposit until all
harvest and stabilization work is complete. Agent may disburse, at its sole discretion, at any time,
any, or all the Deposit toward restoration and/or reimbursement for damages, if any, caused by
Purchaser. The Deposit shall and does not represent the total liability of Purchaser toward
damage(s), if any, caused during its harvesting and stabilization activities; therefore, the Deposit
shall not be construed as a limitation of damage(s), if any. After satisfactory review by Agent, the
Deposit, or its remainder, will be returned to Purchaser by Agent.
3. AWARD AND EXECUTION OF THE CONTRACT
3.1 When the bid has been accepted by the County, notification of such acceptance will be mailed
to the successful bidder, at the address designated by the bidder on the BID FORM.
4. WITHDRAWAL OF BIDS
4.1 Bids may not be modified, withdrawn or cancelled by the bidder for thirty (30) days after the time
designated for the receipt of bids.
5. RIGHT TO REJECT BIDS
5.1 The County reserves the right in its discretion to reject any or all bids and to waive irregularities or
information in any bid and to award contracts on an item by item basis. Awards shall be made
only to responsible bidders that possess the potential ability to perform successfully under the
terms and conditions of this procurement. Consideration shall be given to such matters as bidder
integrity, compliance with public policy, record of past performance, and financial and technical
resources when determining responsibility.
6. TIME OF COMPLETION
6.1 Delivery under this contract shall be fully and finally completed no later than December 31, 2026,
except as may be mutually extended by the County and the awarded bidder.
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7. EXEMPTION FROM FEDERAL EXCISE AND PENNSYLVANIA SALES TAX
7.1 The County of Franklin, PA is exempt from Federal Excise Taxes and Pennsylvania Sales Taxes as a
political subdivision of the Commonwealth of Pennsylvania.
8. PROTECTION BY PURCHASER
8.1 The purchaser agrees to indemnify and hold harmless the County of Franklin, PA, its
representatives, employees and agents, from any and all claims, demands, actions, suits and
liabilities of any nature whatsoever arising from the Purchaser’s own fault or negligence or
through the negligence or fault of the manufacturer of goods, including reasonable attorneys’
fees and court costs incurred by the County in response to such claims, demands, actions or
liabilities, provided it ultimately determined that such claims result from the purchaser’s or
manufacturer’s fault or negligence.
8.2 The purchaser shall not assign or otherwise transfer any of its responsibilities or obligations under
the contract to any other person or entity without prior written consent of the County.
8.3 The purchaser agrees that a failure to complete all work specified hereunder by the contractual
completion date shall result in damages to the County in an amount that is substantial and
difficult to calculate, and that such failure shall subject the purchaser to the imposition of
reasonable, non-penal liquidated damages as set by the contract between the parties.
9. PRE-BID CONFERENCE/SITE TOUR
9.1 A pre-bid conference/tour of the area will not be held. Interested bidders may look at the sale
area on their own. Before going to inspect the timber, interested bidders must contact
Shenandoah Forestry, LLC at 717-496-5800 (Paul Scarlata II) or 304-582-8173 (Dan Hughes) to
make arrangements.
10. QUESTION AND ANSWER PERIOD
10.1 Questions will be accepted until 4:00 PM Monday March 16, 2026, via email at
procurement@franklincountypa.gov. Answers will be posted at
https://www.franklincountypa.gov/current-solicitation-opportunities/.
11. INSURANCE COVERAGE
11.1 The successful bidder shall be required to provide the following insurance coverage and submit
evidence of the coverage required below in the form of an ACORD certificate of insurance. The
County of Franklin shall be named as Additional Insured for the project. Liability Insurance shall
include all major divisions of coverage and be on a comprehensive basis including:
11.1.1 Premises Operations (including X, C and U as applicable).
11.1.2 Independent Contractors’ Protective.
11.1.3 Products and Completed Operations.
11.1.4 Personal Injury Liability with Employment Exclusion deleted.
11.1.5 Contractual Liability.
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11.1.6 Owned, non-owned and hired motor vehicles.
11.1.7 Broad Form Property Damage including Completed Operations.
11.2 If the General Liability coverages are provided by a Commercial General Liability Policy on a
claims made basis, the policy date or Retroactive Date shall predate the Contract; the termination
date of the policy or applicable extended reporting period shall be no earlier than the termination
date of the coverages required to be maintained after the final payment. The County of Franklin
should be listed as Additional Insured under the Contractor’s General Liability Policy.
11.3 The Contract and all subcontractors, at their own expense, shall provide and maintain insurance
in companies acceptable to the Owner as follows:
11.3.1 Workers’ Compensation: As required by all applicable Federal, State, Maritime or
other laws including Employers’ Liability with a limit of at least $100,000.
11.3.2 Comprehensive General Liability: Including Contractor’s Liability; Contingent Liability;
Contractual Liability; Completed Operations and Products Liability all on the occurrence
basis with Personal exclusion relating to Explosion, Collapse and Underground Property
Damage. Completed Operations Liability shall be kept in force for at least two years after
the date of final Completion. Minimum limits to be as follows:
Bodily Injury
Each Occurrence $1,000,000.00
Aggregate $1,000,000.00
Property Damage
Each Occurrence $1,000,000.00
Aggregate $1,000,000.00
11.3.3 Comprehensive Automobile Liability: Including non-ownership and hired car coverage
as well as owned vehicles with minimum limits as follows:
Combined Single Limit $1,000,000.00
11.3.4 Umbrella/Excess Policy $1,000,000.00
11.4 If this insurance is written on the Comprehensive General Liability policy form, the Certificates
shall be AIA Document G705, Certificate of Insurance. If this insurance is written on a Commercial
General Liability policy form, ACORD form 25S will be acceptable.
11.5 Furnish one copy of certificates herein required for each copy of Agreement naming the County
of Franklin, PA as certificate holder; specifically set forth evidence of all coverage required by
subparagraphs 11.1 through 11.3. Furnish to the owner copies of any endorsements that are
issued subsequently, amending coverage or limits.
11.6 Owner Liability Insurance: The contractor shall provide an Owner’s and Contractor’s Protective
Liability Policy in the name of the Owner with limits as follows:
Bodily Injury
Each Occurrence $1,000,000.00
Aggregate $1,000,000.00
Property Damage
Each Occurrence $1,000,000.00
Aggregate $1,000,000.00
12. NONDISCRIMINATION CLAUSE
Page 5
12.1 Franklin County assures that no person shall be excluded from participating in, be denied the
benefits of, or be otherwise subjected to discrimination on the grounds of race, gender, creed,
color, sexual orientation, gender identity or expression, or in violation of the Pennsylvania Hunan
Relations Act, which prohibits discrimination on the basis of race, color, religious creed, ancestry,
age, sex, national origin, handicap or disability, or in violation of any applicable local, state, or
federal laws. With advance notification, accommodations may be provided for those with special
needs to language, speech, sight or hearing. If you have a request for a special need, wish to file a
complaint, or desire additional information please contact the Risk Department at (717) 261-3819
or riskmgt@franklincountypa.gov.
13. CONTRACT PROVISIONS
13.1 After Franklin County makes its selection, it shall proceed to negotiate a contract based on
the bid and scope of work for the project. If the County is unable to negotiate a satisfactory
contract with the most highly qualified bidder, the County shall formally end negotiations with
that bidder and being to negotiate with the second most highly qualified bidder. Negotiations
shall continue in this sequence until a contract is agreed upon.
13.2 The performance of this contract shall be in accordance with all Federal, State and local laws
as may be applicable. Any contract between Franklin County and the awarded bidder shall be
subject to the rules and regulations of any agencies where funding is being requested. Franklin
County reserves the right to reject any and all bids, and to waive irregularities.
13.3 The contract between the County and the selected bidder shall include the following non-
negotiable contact provisions
13.3.1 Indemnification of the County.
13.3.2 Non-Indemnification of the contractor.
13.3.3 Forum Selection (Franklin County, PA Court of Common Pleas).
13.3.4 Choice of law (Commonwealth of Pennsylvania).
13.3.5 Termination for convenience/termination for cause by the County.
13.3.6 Prevailing party attorneys’ fees.
13.3.7 Nondiscrimination.
13.3.8 Suspension and debarment.
13.3.9 Release of liability in favor of the County.
13.3.10 Non-release of liability of the contractor.
13.3.11 Insurance Coverage and County status as an additional insured as set forth in Section
11 herein.
13.4 The County reserves the right to request additional contract provisions it deems necessary as
needed to protect the best interest of the County.
13.5 The form of contract is included in this document under the section titled AGREEMENT.
Page 6
BID SPECIFICATIONS
STANDING TIMBER FOR SALE
The County of Franklin, PA has commissioned Shenandoah Forestry Services LLC to prepare a time sale
prospectus to sell 345 Black Walnut trees on 44 acres in Franklin County, Pennsylvania. The property is
located at 180 Franklin Farm Ln. Chambersburg, PA 17202. The Timber Sale Area is located north of this
address. (See Map in Attachment A).
DIRECTIONS TO THE TRACT: The County of Franklin, PA Timber sale is located north of 180 Franklin
Farm Ln. (See Map in Attachment A). From I-81 Exit 16 at Chambersburg, PA travel west on U.S. Rt. 30
for 0.2 miles to a Stoplight. Turn Left at the Stoplight onto Franklin Farm Ln. and follow for 1.0 miles.
Turn Right onto the Haul Road. See Property Map and Look for Shenandoah Forestry Sign and 3 Pink
Ribbons: TRACT ENTRANCE GPS COORDINATES: 39.93888, 77.62043. There is a cable with a lock at the
entrance of the haul road. There is a key lock box also on the cable that contains the key for the lock. For
access to the lock box, contact Shenandoah Forestry LLC at 717-496-5800 (Paul Scarlata II) or 304-582-
8173 (Dan Hughes) to make arrangements. The key must be returned back to the key lock box after
leaving the property.
TREES FOR HARVEST: The County of Franklin, PA Timber Sale contains 345 Black Walnut Trees
designated for harvest. These trees are marked in ORANGE Dot Paint at eye level and on the stump.
Estimated volumes were calculated using the International ¼” Rule Form class 78 (See attached
species/volume breakdown sheet). Volume allowances were deducted for trees with defects.
TOUR: A tour of the sale area will not be held. Interested bidders may look at sale area on their own.
Before going to inspect the timber, The bidder must notify Shenandoah Forestry LLC. Paul Scarlata II
(717) 496-5800 or Dan Hughes (304) 582-8173.
BID OPENING: Sealed bids will be opened publicly on at the time and date listed in the above Instructions
to Bidders. Bids must be submitted according to the instructions in the above Instructions to Bidders or
they may not be accepted or they may be deemed nonresponsive.
VOLUME: 84,735 BF INT 1/4”, FORM CLASS 78: 345 ORANGE Dot marked Black Walnut trees.
SALE AREA: Timber Sale Area is approximately 44 acres. (See map in Attachment B)
LENGTH OF CONTRACT: The successful bidder will have 12 months to cut and remove the marked timber.
PERFORMANCE DEPOSIT/INSURANCE: $8,000 – Due before cutting begins. Certificate of Insurance
from Purchaser will be needed before harvest begins.
PAYMENT SCHEDULE: SEE AGREEMENT
Initial Payment: 10% Due at contract signing
Second Payment: 30% due 7 business days before cutting commences or on or before July 31, 2026,
whichever occurs first.
Third Payment: 30% due at the one quarter point of timber harvest or on or before October 31, 2026,
whichever occurs first.
Page 7
4th and Final Payment: 30% due at the halfway point of timber harvest or on or before December 31, 2026
whichever occurs first.
GENERAL INFORMATION:
1. All Property boundaries are identified with Pink ribbon. Tract entrance will have 3 pink ribbons and
SFS sign.
2. The Purchaser is buying merchantable lumber and top wood of the timber marked in ORANGE dots.
Cull trees marked with an “X” can be utilized by the Purchaser. No volumes were calculated for these
trees.
3. The Purchaser is expected to follow Pennsylvania Best Management Practices.
4. The Purchaser is expected not to interfere with or damage crops of the adjacent farm.
5. There are 3 areas with marked timber that will require separate loading areas. (See Map)
6. Volume allowances were deducted for trees with defects.
7. The main harvest area east of Franklin Farm Ln. will need a loading area cleared. The marked area
north of Walker Road will need an entrance and loading area excavated. The harvest area west of
Franklin Farm Ln. can be loaded in the field.
8. All tops from trees harvested in the harvest area west of Franklin Farm Ln. will need to be pushed into
the fence row or wooded area where they were harvested.
9. There are 3 trees that are numbered 1, 2, or 3. The volumes for these trees are not included in the
timber tally. If the buyer is able to harvest any or all of these numbered trees, the buyer will pay for
them at the same average price/bf that was paid for this timber sale.
THE COUNTY OF FRANKLIN, PA TRACT (44 acres)
January 13, 2026
TIMBER TRACT INFORMATION
(International ¼” Rule F.C. 78)
Trees marked in Orange Dot Paint
Species # of Trees Board Feet
International ¼”
Rule
Average
Volume per
Tree
Average
D.B.H.
% of Total
Board Feet
Black Walnut 345 84,735’ 245.61’ 20.87” 100.00%
Total and/or
Average
345 84,735’ 245.61’ 20.87” 100%
All bidders are advised that the timber volumes are estimates. Allowances were deducted for timber
defects. Because of differences in the utilization of timber, bidders are encouraged to make their own
estimates of the quantity and quality of the timber for sale. All “X” trees are considered culls and may be
harvested. No volumes were calculated for these trees.
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STAND TABLE
SPECIES
DBH Red
Oak
Black
Oak
Scarlet
Oak
White
Oak
Chestnut
Oak
Poplar Ash Black
Walnut
Black
Cherry
Sugar
Maple
Hickory Beech Dead
Oak
TOTALS
14” 0 0 0 0 0 0 0 2 0 0 0 0 0 2
16” 0 0 0 0 0 0 0 71 0 0 0 0 0 71
18” 0 0 0 0 0 0 0 68 0 0 0 0 0 68
20” 0 0 0 0 0 0 0 62 0 0 0 0 0 62
22” 0 0 0 0 0 0 0 39 0 0 0 0 0 39
24” 0 0 0 0 0 0 0 44 0 0 0 0 0 44
26” 0 0 0 0 0 0 0 28 0 0 0 0 0 28
28” 0 0 0 0 0 0 0 13 0 0 0 0 0 13
30” 0 0 0 0 0 0 0 12 0 0 0 0 0 12
32” 0 0 0 0 0 0 0 1 0 0 0 0 0 1
34” 0 0 0 0 0 0 0 2 0 0 0 0 0 2
36” 0 0 0 0 0 0 0 3 0 0 0 0 0 3
TOTALS 0 0 0 0 0 0 0 345 0 0 0 0 0 345
Page 9
STOCK TABLE
Species
DBH Red
Oak
Black
Oak
Scarlet
Oak
White
Oak
Chestnut
Oak
Poplar Ash Black
Walnut
Black
Cherry
Sugar
Maple
Hickory Beech Dead
Oak
TOTALS
14” 0 0 0 0 0 0 0 183 0 0 0 0 0 183
16” 0 0 0 0 0 0 0 9108 0 0 0 0 0 9108
18” 0 0 0 0 0 0 0 10959 0 0 0 0 0 10959
20” 0 0 0 0 0 0 0 14136 0 0 0 0 0 14136
22” 0 0 0 0 0 0 0 10303 0 0 0 0 0 10303
24” 0 0 0 0 0 0 0 14307 0 0 0 0 0 14307
26” 0 0 0 0 0 0 0 11140 0 0 0 0 0 11140
28” 0 0 0 0 0 0 0 4537 0 0 0 0 0 4537
30” 0 0 0 0 0 0 0 5956 0 0 0 0 0 5956
32” 0 0 0 0 0 0 0 462 0 0 0 0 0 462
34” 0 0 0 0 0 0 0 1640 0 0 0 0 0 1640
36” 0 0 0 0 0 0 0 2004 0 0 0 0 0 2004
TOTALS 0 0 0 0 0 0 0 84735 0 0 0 0 0 84735
BID FORM
THE COUNTY OF FRANKLIN, PA TRACT
84,735 Bf Int. ¼” F.C.78
345 Orange Dot Black Walnut Trees
To: Franklin County Controller’s Office
Franklin County Administration Building
272 North Second Street
Chambersburg, PA 17201
The undersigned, having carefully examined the specifications and instructions to bidders, and being
familiar with the various requirements concerning the work, agree to furnish all materials and preform all
work necessary in strict accordance with the Contract Documents for the consideration in the following
lump sum amount:
The Sum of ___________________________________________________ DOLLARS And
_______________________ CENTS ($__________________________)
as a lump sum bid for the marked timber on the The County of Franklin, PA Tract located in Franklin County,
Pennsylvania.
Notice of acceptance, or request for additional information, may be addressed to the undersigned at the
address set forth below.
The undersigned hereby declares that this bid is made without connection with any other person or
persons making a bid for the same work and is without collusion or fraud.
Submitted by:________________________________
(Type Name)
Signed by: __________________________________
Title: ______________________________________
Address: ___________________________________
Phone: ____________________________________ Date: _____________________________________
SIGNATURES
When the respondent is an individual:
___________________________________________ _______________________________________
Witness Respondent
When the respondent is a partnership:
___________________________________________ _______________________________________
Respondent SEAL
___________________________________________ _______________________________________
Respondent SEAL
When the respondent is an LLC.
___________________________________________
Member
When the respondent is a corporation:
CORPORATE SEAL
BY: ATTEST:
____________________________________________ __________________________________________
President Secretary (Corporate Seal)
The ______________________ is a Corporation organized and existing under the laws of
_____________________________.
INSTRUCTIONS FOR NON-COLLUSION AFFIDAVIT
1. This Non-Collusion Affidavit is material to any contract awarded pursuant to this bid and in
accordance with the Pennsylvania Antibid-Rigging Act, 73 P.S. 1611 et seq.
2. This Non-Collusion Affidavit must be executed by the member, officer or employee of the Bidder who makes
the final decision on prices and the amount quoted in the bid.
3. Bid rigging and other efforts to restrain competition, and the making of false sworn statements in
connection with the submission of bids are unlawful and may be subject to criminal prosecution.
The person who signs the Affidavit should examine it very carefully before signing and assure
himself or herself that each statement is true and accurate, making diligent inquiry, as necessary, of
all other persons employed by or associated with the bidder with responsibilities for the
preparation, approval, or submission of the bid.
4. In the case of a bid submitted by a joint venture, each party to the venture must be identified in the
bid documents, and an Affidavit must be submitted separately on behalf of each party.
5. The term “Complementary Bid” as used in the Affidavit has the meaning commonly associated with
the term in the bidding process, and includes the knowing submission of bids higher than the bid of
another firm, any intentionally high or noncompetitive bid, and any other form of bid submitted for
the purpose of giving a false appearance of competition.
6. Failure to file an Affidavit in compliance with these instructions will result in disqualification of the
bid.
7. A person’s affidavit stating that the person has been convicted or found liable of any act prohibited
by State or Federal law in any jurisdiction involving conspiracy or collusion with respect to bidding
in any public contract within the last three (3) years does not prohibit a governmental agency from
accepting a bid or awarding a contract to that person, but may be a ground for administration,
suspension or debarment in the discretion of a governmental agency under the rules and
regulations of that agency, or, in the case of a governmental agency with no administrative
suspension or debarment regulations or procedures, may be a ground for consideration on the
question whether such agency should decline to award the contract to that person on the basis of a
lack of responsibility.
NON-COLLUSION AFFIDAVIT
Contract/Bid No : 2026111-03
State of: ________________________:
: ss
County of: ______________________:
I state that I am ____________ of __________________________________________________
(Title) (Firm)
and that I am authorized to make this affidavit on behalf of my firm, and its owners, directors, and
officers. I am the person responsible in my firm for the price(s) and the amount of this bid.
I state that:
1. The price(s) and amount of this bid have been arrived at independently and without consultation,
communication or agreement with any other contractor, bidder or potential bidder.
2. Neither the price(s) nor the amount of this bid, and neither the approximate price(s) nor
approximate amount of this bid, have been disclosed to any other firm or person who is a bidder or
potential bidder, and they will not be disclosed before bid opening.
3. No attempt has been made or will be made to induce any firm or person to refrain from bidding on
this contract, or to submit a bid higher than this bid, or to submit any intentionally high or
noncompetitive bid or other form of complementary bid.
4. The bid of my firm is made in good faith and not pursuant to any agreement or discussion with, or
inducement from, any firm or person to submit a complementary or other noncompetitive bid.
5. ________________________________, its affiliates, subsidiaries, officers, directors, and
(Firm)
employees are not currently under investigation by any governmental agency and have not in the
last four years been convicted or found liable for any act prohibited by State or Federal Law in any
jurisdiction, involving conspiracy or collusion with respect to bidding on any public contract, except
as follows:
6. ___________________________ has or has not (circle one) been convicted or found liable for any
act prohibited by State or Federal Law in any jurisdiction involving conspiracy or collusion with
respect to bidding on any public contract within the last three (3) years.
I state that ____________________________________ understands
(Firm)
acknowledges that the above responsibilities are material and important,
and will be relied on by the Owner in awarding the contract(s) for which
this Bid is submitted. I understand and my firm understands that any
misstatement in this affidavit is and shall be treated as fraudulent
concealment from the Owner of the true facts relating to the submission
of bids for this contract.
______________________________________
Name
______________________________________
Company Position
SWORN TO AND SUBSCRIBED
BEFORE ME THIS ___________
DAY OF _________, 20 _______.
_______________________________________
Notary Public
My Commission Expires:
AGREEMENT
FOR THE SALE OF A TRACT OF STANDING TREES
THIS AGREEMENT FOR THE SALE OF A TRACT OF STANDING TREES (this “Agreement”) made this day of _
__and between Herein called “Owner”; and _______________________
, herein called “Purchaser”; and Shenandoah Forestry Services LLC, agent for the Owners, herein called “Agent”;
WITNESSETH:
That for and in consideration of mutual promises herein contained, and other good and valuable considerations,
the receipt whereof is hereby acknowledged, Owner does hereby grant, bargain, sell and convey to the
Purchaser all those trees advertised and designated for sale by Agent (the Designated Timber”) in the timber
sale prospectus prepared by Agent dated the 13th day of January, 2026 (the “Prospectus”). An original of the
Prospectus is attached hereto as Exhibit “A” and is hereby made part of this Agreement as if set forth fully
herein at length.
WHEREAS, Owner holds fee simple title to 136 acres, more or less, of real property, designated as
tax map(s), parcel(s) map/Parcels 10-0D04.-002.-EX0000, 10-0D04.-002L-0002.., 09-0C17.-009A-EX0000, 10-
0D01.-008-EX0000, and 09-0C18.-026-EX0000 situated near Chambersburg in Franklin County, Pennsylvania (the
“Property”); and
WHEREAS, The Designated Timber is located and situate upon approximately 136 acres of the
Property (the “Timber Sale Area”); and
WHEREAS, Owner’s desire to sell the Designated Timber and Purchaser desires to acquire the
Designated Timber within the Timber Sale Area together with the right to cut and remove (harvest) same from
the Property.
NOW, THEREFORE, this Agreement witnesseth:
Article 1.
WHEN EFFECTIVE
This Agreement is effective immediately and shall have a term (the “Term”) commencing / /,
2026 and expiring on / / 2026. No modification, amendment or extension of this Agreement shall be valid
unless reduced to writing and executed with like formality by Owner, Purchaser and Agent.
Article 2.
TRANSFER OF TITLE TO AND OWNERSHIP OF DESIGNATED TIMBER
A)
1. Clear Title: Designated Timber. Owner does hereby covenant that Owner has clear and
absolute title to the Designated Timber; that Owner has the legal right to sell the Designated Timber;
and that the Designated Timber is free from all liens and encumbrances whatsoever.
2. Clear Title: The Property. If the Property is subject to any lien(s), encumbrance(s), or deed(s) of
trust as of the date of execution of this Agreement; then Owner warrants that Owner shall furnish a
bona fide document to Agent which provides for and stipulates in specific terms: that Owner has
express permission and are thereby released to lawfully transfer ownership of the Designated
Timber to Purchaser. A copy of any such document shall be and is attached hereto as Exhibit “R”
and is hereby made part of this Agreement.
3. Immediate Ownership. Upon execution of this Agreement and payment of all consideration
hereunder, Purchaser shall become the owner of the designated timber and shall and does hereby
relieve and release Owner and Agent of all liability to Purchaser for the safety, condition, quantity,
and quality of the Designated Timber.
4. Owner Will Not Additionally Encumber the Property. During the Term of this Agreement, Owner
expressly covenants and warrants that Owner shall not permit any additional lien(s),
encumbrance(s), or deed(s) of trust (collectively, “Encumbrances”) to become binding upon the
Property; hence, to the extent that no Encumbrances will in-fact, or by potential, impair, limit, or
abate Owner’s or Purchaser’s rights and/or obligations, defined in this Agreement.
B)
1. Payment Schedule. Purchaser agrees to pay Owner Dollars ($___________),
in cash, hereinafter referred to as “Purchase Price”, for the Designated Timber and payment thereof
will be made in accordance with the following payment schedule:
A. Upon signing of this Agreement, Purchaser agrees to pay Owner
10% of the Purchase Price at contract signing, being and 00/100
Dollars ($ ) (the “Initial Payment”)
B. Purchaser agrees to pay 30% of the Balance (2nd Payment) of the Purchase Price 7 business
days before cutting commences or on or before July 31, 2026, whichever occurs first, being
______________and 98/100 Dollars. ($ ) (the “Second Payment”)
C. Purchaser agrees to pay 30% of the Balance (3rd Payment) at the one quarter point of the
Timber harvest or on or before October 31, 2026, whichever occurs first, being
and 98/100 Dollars. ($ ) (the “Third Payment”)
D. Purchaser agrees to pay the remaining 30% of the Balance (4th and Final Payment) of the
Purchase Price at the halfway point of the Timber harvest or on or before December 31,
2026, whichever occurs first, being and 00/100
Dollars. ($ ) (the “Fourth and Final Payment”)
2. Performance Deposit. Before harvest begins, Purchaser shall, in addition to the Purchase Price,
deliver into possession of Agent a performance deposit (the “Deposit”) of Eight Thousand
Dollars ($8,000.00), in cash, payable to Agent. Agent will hold the Deposit until all harvest and
stabilization work is complete. Agent may disburse, at its sole discretion, at any time, any, or all
the Deposit toward restoration and/or reimbursement for damages, if any, caused by Purchaser.
The Deposit shall and does not represent the total liability of Purchaser toward damage(s), if
any, caused during its harvesting and stabilization activities; therefore, the Deposit shall not be
construed as a limitation of damage(s), if any. After satisfactory review by Agent, the Deposit,
or its remainder, will be returned to Purchaser by Agent.
3. Delivery of Payment(s). Payment(s) for the Designated Timber shall be made payable to
Owner and delivered to Agent. Delivery will be in person, unless Agent approves other
procedures through express assent.
Article 3.
HARVEST OPERATIONS
A)
1. Designated Timber Defined. All those trees selected and designated for sale by Agent marked
with Orange Dot tree paint on the trunk and below cutting level as set forth and more
particularly defined and described in the Prospectus.
Three hundred forty-five (345) trees are so marked, designated, and identified in the
Prospectus; and estimated by Agent at approximately eight four thousand, seven hundred
thirty-five (84,735) board feet, computed by International ¼” rule, form class # 78. Owner and
Agent do not make or give present-day or future implied or express warranties or guarantees
whatsoever as to estimated volume(s) of the Designated Timber cited in the Prospectus and this
Agreement; and no adjustments will be made in gross, by any party herein, absolute.
2. Cutting and Removal. Purchaser agrees to cut and remove Designated Timber no later
December 31, 2026, after which time all remaining Designated Timber shall revert to and
become the property of Owner. Owner expressly grant Purchaser, Purchaser’s employees,
contractors, or agents; the right to access, ingress and egress across, upon, and through the
Property solely for the purpose of cutting and removing the Designated Timber. This right shall
be construed as license effective only during, and absolutely expiring with, the Term of this
Agreement.
3. Purchaser’s Duty of Care. Purchaser shall take all necessary precautions, including special
diligence, to prevent damage to Owner’s property including, but not limited to, non-designated
trees during felling, skidding, and hauling operations, and shall make use of directional felling
techniques to protect non-designated trees and other property. Purchaser agrees that it will
return Owner’s fields, fences and pre-existing woods’ roads to pre-harvest condition if damaged
by Purchaser. Purchaser agrees that cutting and Removal of Designated Timber will be carried
out with special diligence; that Purchaser will pay Owner a penalty of triple the average
stumpage price of this sale per thousand board feet, for any non-Designated Timber that is
needlessly cut by Purchaser. Judgment of said cutting, if any, and volume calculation will be
made by Agent, whose decision shall be final. Purchaser will be permitted to cut non-
designated trees where necessary to widen a wood’s road and/or install a log loading area.
B)
1. Purchaser’s Release and Indemnification. Purchaser, for and in consideration of the mutual
promises contained in this Agreement, hereby remises, releases and forever discharges Owner,
Agent, their successors, administrators, board members, commissioners, assigns, attorneys,
insurers, employees, and agents (the “County Releasees”), and, by these presents, does, for its
successors, administrators, assigns, heirs, executors, and agents, remise, completely release and
forever discharge the County Releasees, of and from any and all past, present or future claims,
demands, obligations, actions, causes of action, rights, damages, costs, fees, including attorneys’
fees, expenses and compensation of any nature whatsoever, whether based on a tort, contract,
or any other theory of recovery, and whether for compensatory, statutory, or punitive damages,
which Purchaser now has, or which may hereafter accrue or otherwise be acquired, on account
of, or in any way growing out of, or in any way related to this Agreement, the actions of
Purchaser in the cutting or removal of the Designated Timber and/or the business relationship
among the parties, and Purchaser further agrees that it shall be solely liable for cutting non-
designated trees, if any, outside of Owner’s property lines (the “Released Activities”).
Purchaser agrees to indemnify and hold harmless the County Releasees from and against, and to
reimburse the County Releasees with respect to, any and all claims, demands, causes of action,
losses, damages, liabilities, penalties, assessments, costs, and expenses (including reasonable
attorneys’ fees and other costs and expenses incident to any claim, suit, action or proceeding)
arising out of or resulting from the Released Activities, including, without limitation, any and all
known or unknown, foreseen or unforeseen, matured or unmatured claims and the
consequences thereof.
2. Purchaser’s Insurance. Purchaser certifies by its signature that during the Term of this
Agreement that all employees, contractors and agents are covered by insurance; specifically,
through an underwriter(s) authorized to provide coverage within the Commonwealth of
Pennsylvania. Such insurance shall include commercial general liability, property damage,
commercial automobile, workers’ compensation and employer liability, and applicable state and
federal requirements and must remain in effect until harvest and stabilization are complete.
The limits of such insurance shall be set at one million ($1,000,000.00) dollars per occurrence,
one million ($1,000,000.00) in the aggregate, or, in the case of workers’ compensation coverage,
the statutory requirements. Purchaser shall and will, at its sole expense, provide Agent a
certificate evidencing the issue of said insurance including the Owner as an additional insured,
PRIOR TO ENTERING UPON THE PROPERTY TO HARVEST THE DESIGNATED TIMBER.
3. Purchaser’s Lawful Compliance. Purchaser will be responsible for obtaining any and all permits
and compliance with laws, statutes, ordinances, regulations and requirements (collectively,
“Laws”) concerning, but not limited to; cutting and removal of trees (logging), soil disturbance
(grading and road building) and real property classification (zoning) as applicable by city, county,
state or federal laws. Purchaser will indemnify and save Owner and Agent harmless against any
loss, including reasonable attorneys’ fees and court costs, arising from Purchaser’s violation of
such Laws, while engaged in harvesting and stabilization activities on the Property. Purchaser
will abide by all laws relevant to materials defined as hazardous under any such Laws. Purchaser
shall be responsible for satisfying all requirements and/or permits regarding access, ingress and
egress upon federal, state or county roads or streets.
4. Best Management Practices. Purchaser expressly agrees to comply with Forestry Best
Management Practices (BMP) as prescribed by the Commonwealth of Pennsylvania Division of
Forestry. Compliance with Best Management Practices shall include, but is not limited to,
adherence to all applicable silvicultural water quality laws.
Purchaser agrees to implement applicable BMP in a timely manner; as soon as soil and weather
conditions upon the Property are concurrently favorable to effectively permit the completion of
any or all applicable BMP.
5. Adverse Weather. Purchaser agrees that when soil conditions in the Timber Sale Area are
excessively wet, that no log skidding or log hauling will occur. However, timber felling will be
permitted when soil conditions are excessively wet in the Timber Sale Area.
6. Litter Prohibited. Purchaser agrees to conduct as clean a timber harvesting operation as
practical; specifically, not to litter the Timber Sale Area and the Property with cans, bottles and
all other forms of trash.
7. Livestock and Pets. Purchaser will respect/protect to the highest practical degree any and all
livestock and/or pets encountered during harvest operations. All gates will be closed
immediately upon opening; if locked then re-locked, and remain in usable condition at all times.
8. Agent’s Authority to Inspect. Purchaser and Purchaser’s employees, contractors and agents
shall cooperate fully with Agent to allow it to observe and inspect harvesting and stabilization
activities.
9. Elevated Platforms. Purchaser shall not be responsible financially or otherwise, for any items
attached to Designated Timber and non-designated trees on the Property including bird houses
and elevated platforms (i.e., “deer stands”).
Article 4.
POST-HARVEST STABILIZATION
A)
1. Stabilization. Upon completion of the harvesting activities, Purchaser agrees to grade or
otherwise smooth and seed the main skid trails, log loading areas and truck roads located within
the Property utilized by Purchaser. All tree tops and limbs severed from Designated Timber and
all other woody debris felled or otherwise deposited in field(s) and/or pre-existing woods’ roads
by Purchaser, if any, shall be removed by Purchaser and transferred or otherwise placed in
immediately adjoining wooded areas on the Property. Purchaser agrees to implement the
above-referenced stabilization activities in a timely manner; that is to say, as soon as soil and
weather conditions upon the Property are concurrently favorable to effectively permit
completion of any or all applicable stabilization activities.
2. Logging Access Roads. To be returned in as or good or better condition as found pre-harvest.
Upon completion of harvest and stabilization activities, any and all logging access roads utilized
by Purchaser with pre-existing stone base (gravel) will be returned to pre-harvest condition by
Purchaser. Pre-harvest condition and assessment of materials required to satisfy this article
shall be solely subject to the Agent’s determination.
3. Tops and Limbs. Tops and limbs from the Designated Timber are included in the Purchase Price
and may be utilized by the Purchaser. All remaining tops and limbs must be lopped down to
approximately 6 feet above ground level.
Article 5.
MISCELLANEOUS PROVISIONS
A)
1. Purchaser is an Independent Contractor. It is expressly understood and agreed by all parties of
this Agreement that Purchaser is an independent contractor and therefore not an employee of
Owner; furthermore, it is expressly agreed by all parties herein that the relationship between
Owner and Purchaser is solely limited to vendor and vendee. Nothing hereof shall be deemed
to make Owner and Purchaser partners, joint ventures, master/servant or principal/agent.
2. Agreement Not Assignable. Purchaser may not assign this Agreement in whole or part without
the written consent of Owner.
3. Severability. If any court holds that part of this Agreement is invalid, the remaining provisions
shall be self-sustaining and therefore enforceable.
4. Choice of Law and Forum Selection. This Agreement shall be governed under the laws of the
Commonwealth of Pennsylvania, without reference to its choice of law rules. All claims shall be
filed, if at all, in the Court of Common Pleas for the Thirty-Ninth Judicial District of Pennsylvania-
Franklin County Branch.
5. Captions. The captions prefacing each Article and Paragraph of this Agreement are inserted only
for the purpose of convenient reference and cross-reference and in no way define, limit or
prescribe the substantive content, scope or intent of this Agreement.
Counterparts and Facsimile Signature: The parties may sign this Agreement in one or more
counterparts and by facsimile or electronic signature. Each such counterpart and signature shall be
considered an original and all such counterparts together shall be considered one and the same
Agreement
WITNESSETH: This Agreement shall be binding on Owners’, Purchaser’s and Agent’s heirs, assigns,
devisees, successors and/or agents as confirmed by signatures below.
Date: ___________ ____________________________________
(Owner)
Date: ___________ ____________________________________
(Owner)
Date: ___________ ____________________________________
(Owner)
Date: ___________ ____________________________________
(Purchaser)
Date: ___________ ____________________________________
(Agent)
Paul Anthony Scarlata II
Dan Hughes
Shenandoah Forestry Services LLC
ATTACHMENT A
★
MN
10°33'
TIMBER SALE AREA
0 0.5 1 1.5 2 2.50.5 3 mi
Scale: 1 : 55447.
ATTACHMENT B
★
MN
10°33'
SKID TRAILS
LOADING AREA
HAUL ROAD
TIMBER SALE AREA
Property Boundary
0 200 400 600 800 1000 1200 1400200 1600 ft
Scale: 1 : 4999.
Bid Form _____
Non-Collusion Affidavit _____