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HomeMy WebLinkAbout01-03958R > COUNTY OF CUMBERLAND 1 COURTHOUSE SQUARE CARLISLE, PA 17013 Plaintiff V. RLI INSURANCE COMPANY 518 STUYVESANT AVENUE P.O. BOX 615 LYNDHURST, NJ 07071-9836 Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION NO. - a/ • 39SP ~=P ¢- Praecipe for Writ of Summons To the Prothonotary: Please issue a writ of summons to the above named defendant, RLI Insurance Company, at the above listed address. /f l ; L Robert C. Saidis Solicitor f ~~ P O Q ~~: (/ ~ Q` C' ~' d :~ y J W 1 \C \' -' i ~ ewsiu.m+~ ~ _, . m~a _: ~: ,_ r, .gnay4 za..ue.c¢ n~. e~ a .:e.4x.-ycc"s3~f"r.~"3~!~ r_~' Commonwealth of Pennsylvania County of Cumberland County Of Cumberland 1 Courthouse Srniare Carlisle, Pa. 17013 Court of Conunon Pleas V8. RLI Insurance Canpany 518 Stuyvesant Avenue P. O. Box 615 Lyndhurst, N. J. 07071-9836 No. Al_325$_S:iuiLSenn-------------- 19__-- To __RLI_Insurance_Canpany_______ You are hereby notified that County_ of_Cwnberland ________ the Plaintiff hag commenced an action in against you which you are required to defend or a default judgment may be entered against you. (SEAL) -----Curtss_ R~1.tang --------------------------- Prothonotary Date __Jnne_2.5.,__29SL1__________-- 19_--- By _-- Q,_1_C~1X~4.tt!------------------ Deputy ~r _~ i N .A r 0 1 1 i i ~ ~ ~w a N H a ' r h N m n ~ ~ ~ amw '"~ ~ ~ iO ~ r~ r o~ N ~ ~ ~ p wm ~ ~ m ~ ~ ~ i ~ O i r ~ r• n ~ rt 0 t" N ;U ~ W H Cwpt~ i-+ (~ r{ (] C C ~i G m rt~~ z ~ n ~ ~ ~ ~C Cron w m rt ~ ~ s U7 6' ~'~ n o N ~m~C ~ ° y w(D a, - io ro ~• ~ O ° x rn O 'o 'r i~ ~~ ~~ 'C ~N. ~H iy ~~ i SHERIFF'S RETURN - U.S. CERTIFIED MAIL 1 CASE NO: 2001-03958 P COMMQNWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CUMBERLAND COUNTY OF VS. RLI INSURANCE COMPANY R. Thomas Kline Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law served the within named DEFENDANT ,RLI INSURANCE COMPANY _, by United States Certified Mail postage prepaid, on the 27th day of June ,2001 at 0000:00 HOURS, at 518 STUYVESANT AVENUE P O BOX 615 LYNDHURST, NJ 07071-9836 a true and attested copy of the attached WRIT OF SUMMONS Together with , The returned receipt card was signed by J. NICOSIA on 06/30/2001 . Additional Comments: Sheriff's Costs: So an~s.~e -- -~ Docketing 18.00 /~~%'` . Postage 2.99 R. Thomas Kline Affidavit .00 Sheriff of Cumberland County Surcharge 10.00 .00 30.99 Paid by on 00/00/0000 Sworn and subscri ed to before me this :2a ,u( day of „2~A.D. D ,~ ~ .; Pr onotary ' ^ Complete items 1, 2, and 3. Also complete item 4rf Restricted Delivery is desired. ^ Print your name and address on the reverse so that we can return the card to you, ^ Attach this card to the back of the mailpiece, or,on the hoot h space permfts. t. Article Addressetl to A. Received by (Please PNnt Clearly) ~ 8. W ~ /VtLOcf C > C. Signature X ^ 6 gent ^ Addressee D. Is delivery adtlress drfferent from item 1? ^ Yes It YES, enter delivery address below: ^ No RLI Insurance Company 518 Stuyvesant Ave. PO Hox 615 Lyndhurst, NJ 07071-9836 3. Service Type r Y>~Cert~fied Mail ^ Express Mail ^ Registered ^ Return Receipt for Men;handise - ^ Insuretl Mail ^ C.O.D. - e 4. ResMicted Delivery? (Extra Fee) ^ yes 2. Article Number (Copy (romservice;/seeq. 7099. 3220.0009!187 2955 O1-3958~civil PS Form 3811, July 1999 Domestic Return Receipt t02595.OO-M-es52 ___-. _. ~r County of Cumberland In The Court of Common Pleas Plaintiff, of Cumberland County vs. No.: 01-3958 Civil Term RLI Insurance Company Defendant NOTICE TO DEFEND YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth against you in the following pages, you must take action within twenty (20) days a8er this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the cause may proceed without you and a default judgment maybe entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Court Administrator Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 717-240-6200 County of Cumberland Plaintiff, vs. RLI Insurance Company Defendant In The Court of Common Pleas of Cumberland County No.: 01-3958 Civil Term COMPLAINT AND NOW comes the Plaintiff through its Solicitor, Robert C. Saidis, Esquire, and avers the following: Plaintiff is Cumberland County, a county of the Fourth Class of the Commonwealth of Pennsylvania, with its principal office located at One Courthouse Square, Carlisle, Pennsylvania 17013. 2. Defendant is RLI Insurance Company, with its principal office at 518 Stuyvesant Avenue, P.O. Box 615, Lyndhurst, NJ 07071-9836. 3. Plaintiff entered into a contract with D & S Improvements, Inc., 415 Bosler Avenue, Lemoyne, PA 17043, (hereafter "D & S") on November 11, 1997 for the replacement of a roof at Claremont Nursing and Rehabilitation Center, a facility owned and operated by Plaintiff. 4. Pursuant to the bid specifications D & S was required to provide Plaintiff with a Performance Bond. 5. In conjunction with the contract entered into by Plaintiff with D & S, copy of which is attached hereto and made a part hereof and marked Exhibit "A", D & S provided a Performance Bond. 6. The Performance Bond provided by D & S was issued by Defendant. A copy of both the Performance Bond and Labor and the Materials Payment Bond issued by the Defendant are attached hereto and made a part hereof and marked Exhibit "B" and Exhibit "C". 7. Pursuant to the terms of the contract with Plaintiff, D & S provided Plaintiff with the manufacturer's warranty from Versico Incorporated for the roof, a copy of which is attached hereto and made a part hereof and marked Exhibit "D". 8. Plaintiff experienced ongoing problems with the roof installed by D & S. 9. On or about September 22, 1999 Plaintiff received notification from Versico Incorporated that the warranty provided to Plaintiff by D & S was a forgery. 10. Then and only then did Plaintiff know, or could Plaintiff have reasonably lmown, of the lack of performance by D & S. 11. D & S breached said contract with the Plaintiff therefore requiring Defendant to indemnify Plaintiff pursuant to the surety agreement. 12. Pursuant to the surety agreement, Bond Number RL-0221220, Defendant is liable to Plaintiff in the amount of $62,130.00. WHEREFORE, Plaintiff demands that judgment be entered in it favor and against the Defendant in the amount of $62,130.00 together with costs and interest. Robert C. Saidis, Esquire Cumberland County Solicitor Attorney ID# 21,458 VERIFICATION I, ® (,D 7n ht /SS/ors? of County of Cumberla} ,the Plaintiff named in the foregoing Complaint, as such I am authorized to make this verification on Plaintiffls behalf and have knowledge of the facts set forth in the foregoing and that said facts are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are subject to the penalties of 18 Pa. C. S. section 4904 relating to unsworn falsification to authorities. `~~~ Dated: ~~ ~' (~ , 2001 ,;S AGREEMENT THIS AGREEMENT dated this 3'd day of November, 1997, between the County of Cumberland (hereinafter "County"), AND D & S Improvement, Inc. 415-C Bosler Avenue Lemoyne, PA 17043 (hereinafter "Contractor"). WITNESSETH: WHEREAS, the County proposes to contract for the removal of and replacement of selected roofs at the Claremont Nursing and Rehabilitation Center of Cumberland as specified in the Specifications. WHEREAS, the contract documents for the Project consist of: 1. This Contract 2. Invitation for Bid 3. Specifications 4. Bid Form and, WHEREAS, the parties desire to set forth in writing the terms and conditions of their Agreement concerning the Project. NOW THEREFORE the parties intending to be legally bound hereby agree as follows: The aforementioned Whereas's are by reference incorporated herein. Contractor will complete the Project in accordance with the contract documents. County shall pay Contractor the sum of $124,260.00 payable as follows: Net 30 days after completion and acceptance by County and upon an invoice from Contractor. 4. Contractor will commence work no later than November 10, 1997 and will complete no later than the 31~' day of December, 1997. ~X 1-~~ BZT "A „ ,,,,, 5. Contractor is performing contract as a ~o /~ ~' (Corp., Single Property, consisting of the following Partnership, etc.) (List Owner, Partners, etc.} with its principal office at (Address) 7~ 7 ~c~/'/i x~, C /' .~~~ r/~i9 ,~~3%b ~'!2 730- ~l/Z 7i~ (Phone Number) IN WITNESS WHEREOF, the parties hereto have hereon set the Hands of their officials and affixed their respective seals. BOARD OF COMMISSIONERS y A. B sch, Chairman ~~ Earl R. lle , •ice-Chairman Marcia L. Myers, Secretary TNESS: CONTRACTOR: /, _ Chief Clerk TABLE OF CONTENTS INSTRUCTIONS TO BIDDERS ................................... 2 GENERAL CONDITIONS ........................................ 4 TECHNICAL SPECIFICATIONS ................................. 10 PREVAILING MINIMUM WAGE DETERMINATION ....:.....:.........11 BID FORM ................................................. 17 NON-COLLUSION AFFIDAVIT .................................. 18 STATEMENT ...................................... 20 1 REPLACEMENT OF SELECTED ROOFS AT THE CLAREMONT NURSING AND REHABILITATION CENTER OF CUMBERLAND COUNTY INSTRUCTIONS TO BIDDERS 1. BID FORM: All bids must be submitted on a Bid Proposal Form submitted with this bid package. .Each bidder may separate this bid package to make copies thereof, but when submitted as a bid, IT MUST BE STAPLED WITH ALL PAGES IN THEIR NUMERICAL PLACE. 2. SEALED BID: Bids must be placed in a sealed envelope, the outside of which shall plainly contain the following note: "Bid: Replacement of selected roofs at the Claremont Nursing -and Rehabilitation Center of Cumberland County". 3. TIME AND PLACE FOR SUBMISSION OF BID: Bids must be received in the Office of the County Controller, Second Floor, Cumberland County Courthouse, Carlisle, PA, oh or before the 20th day of October, 1997 at 1:30 p.m. prevailing time. 4. TIME FOR OPENING OF BIDS: Bids will be opened on the 20th day of October, 1997, at 2:00 p.m. prevailing time, in the Commissioners' Hearing Room, Second Floor, Cumberland County Courthouse. 5. BIDDERS MUST COMPLY WITH THE FOLLOWING: Instructions to Bidders, Specifications, General Conditions, Bid Form, Non-Collusion Affidavit, and bonding requirements. 6. FREE ON BOARD (FOB): All bids shall be based on all purchased items being delivered free on board (FOB). 7. BID BOND: Bids shall be accompanied by a certified, good faith check drawn upon a bank authorized to do business in the Commonwealth of Pennsylvania, in the amount of ten (10) percent of the bid or by a bond with corporate surety in the amount of ten (10) percent of the bid as specified. )n the event any bidder, upon the award of contract to him, shall fail to comply with the requirements herein stated, the good faith deposit, by bond or certified check, shall be forfeited to the County as liquidated damages. 8. EQUALS: Any reference to a particular product, either by trade name or by limited description, is solely for the purpose of more clearly indicating the minimum standard of quality desired. Such reference shall not be interpreted as limiting competition. 2 REPLACEMENT OF SELECTED ROOFS AT THE CLAREMONT NURSING AND REHABILITATION CENTER OF CUMBERLAND COUNTY INSTRUCTIONS TO BIDDERS 1. BID FORM: All bids must be submitted on a Bid Proposal Form submitted with this bid package. Each bidder may separate this bid package to make copies thereof, but when submitted as a bid, IT MUST BE STAPLED WITH ALL PAGES IN THEIR NUMERICAL PLACE. 2. SEALED BID: Bids must be placed in a sealed envelope, the outside of which shall plainly contain the following note: "Bid: Replacement of selected roofs at the Claremont Nursing and Rehabilitation Center of Cumberland County". 3. TIME AND PLACE FOR SUBMISSION OF BID: Bids must be received in the Office of the County Controller, Second Floor, Cumberland County Courthouse, Carlisle, PA, on or before the 20`h day of October, 1997 at 1:30 p.m. prevailing time. 4. TIME FOR OPENING OF BIDS: Bids will be opened on the 20`" day of October, 1997, at 2:00 p.m. prevailing time, in the Commissioners' Hearing Room, Second Floor, Cumberland County Courthouse. 5. BIDDERS MUST COMPLY WITH THE FOLLOWING: Instructions to Bidders, Specifications, General Conditions, Bid Form, Non-Collusion Affidavit, and bonding requirements. 6. FREE ON BOARD (FOB): All bids shall be based on all purchased items being delivered free on board (FOB). 7. BID BOND: Bids shall be accompanied by a certified, good faith check drawn upon a bank authorized to do business in the Commonwealth of Pennsylvania, in the amount of ten (10) percent of the bid or by a bond with corporate surety in the amount of ten (10) percent of the bid as specified. In the event any bidder, upon the award of contract to him, shall fail to comply with the requirements herein stated, the good faith deposit, by bond or certified check, shall be forfeited to the County as liquidated damages. 8. EQUALS: Any reference to a particular product, either by trade name or by limited description, is solely for the purpose of more clearly indicating the minimum standard of quality desired. Such reference shall not be interpreted as limiting competition. 2 ~" _ --_ INSTRUCTIONS TO BIDDERS 9. RESERVATIONS: The County reserves the right to reject any and all bids, to waive any technical defects and accept or reject any part of any bid, if in the judgment of the Board of Commissioners the best interest of the County will be served. 10. INFORMATION REQUIRED FROM BIDDER: In order to be considered a complete bid, the bidder must supply the following information: a. CONTACT PERSON: Bidder must provide the name, address and telephone number of its person that is authorized by bidder to represent the bidder in discussing the bid submitted, and if the bid is awarded to the bidder to discuss resolution of any contract issues. b. BIDDER'S ENTITY: Bidder must state whether it is a sole proprietorship, partnership, domestic corporation, foreign corporation and its principal place of business within Pennsylvania, telephone number and fax number. 3 GENERAL CONDITIONS Bid proposal shall be for the replacement of selected roofs at the Claremont Nursing and Rehabilitation Center of Cumberland County. 1. Cumberland County (County) is exempt from all excise taxes as well as Pennsylvania State Sales Tax. No tax shall be included in the bid price, Successful bidders will be required to furnish tax exemption forms with their invoices. 2. No bid or contract may be assigned, sublet or transferred without the written consent of the Board of Commissioners of County. 3. The bidder hereby agrees to save harmless and fully indemnify the County, its officers, employees, and agents from all damages, costs or expenses that may be at any time imposed or claimed for infringement of any patent right of any persons, association, or corporation as a result of the use by County, its officers, agents, or employees of article(s) supplied under the bid. Bidder hereby agrees to save harmless and fully indemnify the County, its officers, employees and agents from all damages, cost or expenses that may be at any time claimed or imposed for wrongdoing or negligence of bidder's agents, employees, officers and subcontractors. 4. All blank spaces in this bid package must be filled in completely wherever indicated, either typed or written in ink. 5. Changes to any part of the proposal will be sufficient reason for rejection of the bid. 6. Bidders must sign and submit with the bid the attached Non-Collusion Affidavit. 7. The Board of Commissioners of County reserves the right to reject any and all bids, to waive any technical defects and to accept or reject any part of any bid, if in the judgment of the Board the best interest of the County will be served. Cash discounts will not be considered in making an award, but if cash discounts are offered by any bidder, the Board reserves the right to take advantage of such offers. Award may be refused to any bidder who, in the opinion of the Board of Commissioners, is not a responsible bidder, is in default of any bid proposal, purchase order, or contract with a municipality prior to the date of the bid proposal under consideration or whose performance under any prior proposal or contract was determined by County to be unsatisfactory. The bidder's performance on behalf of other entities (public or private) will be considered. 4 GENERAL CONDITIONS 8. Bidders shall not insert in their proposals or in the instructions to bidders or specifications, any written statement which will have the effect of making any material change or changes in the same or in any contract between the parties covering the subject matter thereof. However, deviations or variations from the specifications shall be clearly and separately stated on the proposal form. 9. Failure to comply with any part of the proposal, instructions to bidders and/or specifications may result in disqualification of the bid and/or cancellation of the contract at the discretion of the County. 10. Adequate postage to cover mailing must be affixed in order to insure prompt delivery of proposal. The County will not be responsible nor will it accept proposals delivered late or with postage due. 11. Withdrawal request of a bid must be received by the County within forty-eight (48) hours. of the time specified for the bid opening. (County holidays and weekends excluded.) Notification of intent to withdraw must be in writing, stating the specific reasons for such action. Any vendor who is permitted to withdraw a bid agrees to pay all costs pertaining to rebidding (to include, but not limited to: legal ads, mailings, and lapse of contract expenses). The withdrawing bidder (or an affiliated entity) may not bid on the contract to be rebid. An affiliated entity may not be awarded a bid as a result of the bid withdrawal. The County Board of Commissioners will make the final determiriation on whether or not to permit the withdrawal of a bid. 12. All questions pertaining to this bid should be directed to Glenn Miller at (717) 240-1942. 13. During the term of the agreement, Contractor shall provide and maintain with an insurance company licensed to do business in the Sate of Pennsylvania, Liability insurance providing for no less that 5300,000 bodily injury and 5100,000 property damage and Workers' Compensation insurance as required by law, for any injury or damage arising out of the provisions of service pursuant to the terms of this agreement. The Contractor shall accept full responsibility for the payment of premiums for Worker' Compensation and Social Security as well as income tax deductions and any other taxes or payroll deductions required by law for employees who are performing services specified by this agreement. Contractor shall immediately provide notice to the County of cancellation of insurance. 14. The successful bidder must comply with all applicable Federal, State, and local laws, rules and regulations. 15. The project is to be completed no later than December 31, 1997. 5 GENERAL CONDITIONS 16. Bid price must include all necessary permits, transportation, and delivery charges for materials and/or equipment needed by contractor, titles, debris removal, and any other customary charges for projects of this nature. Bid price must represent the final cost to the County. 17. Bidder must provide County with any and all warranties including but not limited to manufacturer's warranty for products and services provided pursuant to contract award. 18. A mandatory pre-bid conference will be held on October 14, 1997 at 10:30 a. m. at the Claremont Nursing and Rehabilitation Center of Cumberland County, 375 Claremont Drive, Carlisle, PA. The purpose of this conference is to enable bidders to inspect work site for purposes of preparing bids and to clarify any points in the RFB which may not have been clearly understood. Bids received from bidders who failed to attend the pre-bid conference will not be considered. 19. This project is subject to the provisions of the Act of August 15, 1961, P. L. 987, known as the "Pennsylvania Prevailing Wage Act" as amended. Bidders are to include in their bid a statement of compliance with this requirement. 20. The Prevailing Minimum Wage Predetermination, formulated by the Commonwealth of Pennsyivania Department of .Labor and Industry, is hereby incorporated into and made a part of these specifications. Requirements: During the term of the contract, each prime contractor and each subcontractor agree as follows: The general prevailing minimum wage rates including contributions for employee benefits as shall have been determined by the Secretary will be paid to the workmen employed in the performance of this contact. Each prime contractor shall pay no less than the wage rates as determined in the decision of the Secretary of Labor and Industry and shall comply with the conditions of the PA Prevailing Wage Act approved August 15, 1961 as amended, and the Regulations issued pursuant thereto, to assure the full and proper payment of such rates. Such workmen shall be paid no less than such general prevailing minimum wage rates and such other provisions to assure payment thereof as hertofore set forth in this specification. The contract provisions shall apply to all work performed on the contract by each contractor and to all work performed on the contract by all subcontractors. 6 GENERAL CONDITIONS Each prime contractor shall insert in each of his subcontracts all of the stipulations contained in these required provisions and such other stipulations as may be required. No workman may be employed on the public work except in accordance with the classifications set forth in the decision of the Secretary. In the event that additional or different classifications are necessary, the procedure set forth in Section 7 of the Regulations shall be followed. All workmen employed or working on the public work shall be paid unconditionally, regardless of whether any contractual relationship exists or the nature of any contractual relationship which may be alleged to exist between any contractor, subcontractor, and workmen, not less than once a week without deduction or rebated, on any account, either directly or indirectly, except authorized deductions, the full amounts due at the time of appropriate classification. Nothing in the contract, the Act, or the Regulations shall prohibit the payment of more than the general prevailing minimum wage rates as determined by the Secretary to any workman on public work. Each prime contractor and each subcontractor shall post for the entire period of construction the wage determination decisions of the Secretary, including the effective date of any changes hereof, in a prominent and easily accessible place or places at the site of the work and at such place or places used by them to pay workmen their wages. The posted notice of wage rates must contain the following information: Name of project. Name of public body of which it is being constructed. The crafts and classifications of workmen listed in the Secretary's general prevailing minimum wage rate determination for the particular project. The general prevailing minimum wage rates determined for each craft and classification and the effective date of any changes. A statement advising workmen that if they have been paid less than the general prevailing minimum wage rate for their job classification or that the contractor and/or subcontractor is not complying with the Act or the Regulations in any manner whatsoever, they may file a protest in writing within three months of the date of the occurrence, objecting to the payment of any contractor to the extent of the amount or amounts due or to become due to them as wages for work 7 GENERAL CONDITIONS performed on the public work project. Any workmen paid less than the rate specified in the contract shall have a civil right of action for the difference between the wage paid and the wages stipulated in the contract, which right of action must be exercised within six months from the occurrence of the event creating such right. Each prime contractor and all subcontractors shall keep an accurate record showing the name, craft, and/or classification, number of hours worked per day, and the actual hourly rate of wage paid (including employee benefits) to each workman employed by him in connection with the public work and such record must include any deductions from each workman. The record shall be preserved for two years from the date of payment and shall be open at all reasonable hours to the inspection of the public body awarding the contract and to the Secretary or his duly authorized representative. Apprentices shall be limited to such numbers as shall be in accordance with a bona fide apprenticeship program registered with and approved by the Pennsylvania Apprenticeship and Training Council and only apprentices whose training and employment are in full compliance with the provision of the Apprenticeship and Training Act approved July 14, 1961 and the Rules and Regulations issued pursuant thereto shall be employed on the public work project. Any workman using the tools of a craft who does not qualify as apprentice within the provisions of this subsection shall be paid the rate predetermined for journeymen in that particular craft and/or classification. Wages shall be paid without any deductions except authorized deductions. Employers not parties to a contract requiring contributions for employee benefits which the Secretary has determined to be included in the general prevailing minimum wage rate shall pay the monetary equivalent thereof directly to the workmen. Payment of compensation to workmen for work performed on public work on a lump sum basis, or a piecework system, or a price certain for the completion of a certain amount of work, or the production of a certain result shall be deemed a violation of the Act and the Regulations, regardless of the average hourly earnings resulting therefrom. Each prime contractor and each subcontractor shall file a statement each week and a final statement at the conclusion of the work on the contract with the contracting agency, under oath, and in form satisfactory to the Secretary, certifying that all workmen have been paid wages in strict conformity with the provisions of the contract as prescribed in the Regulations or if any wages remain unpaid to set forth the amount of wages due and owing to each workman respectively. 8 GENERAL CONDITIONS The provisions of the Act and the Regulations are hereby incorporated by reference in this specification. 21. PERFORMANCE BOND: The successful bidder shall, within ten days of award of contract, furnish a Performance Bond in the name of Cumberland County in the amount of 50% of the total contract. 9 TECHNICAL SPECIFICATIONS 1. Remove the existing built up roofing and roof insulation to metal decking on selected roofs at the Claremont Nursing and Rehabilitation Center of Cumberland County. 2. Mechanically fasten 2.5 inch R-18 Polyisocyanurate roof insulation. 3. Install a Carlisle Syn Tec Design "A" Adhered .060 mil. EPDM rubber roofing system. 4. Remove and replace the existing aluminum fascia with same. . 5. Reuse the existing copper counter flashing at parapet wall. 6. Complete all necessary ffashings of roof drains, walls, curbs, vent pipes and equipment support lags in accordance with Carlisle Syn Tec's details and specifications. 7. Remove all roof construction debris from job site. 8. Project is to be completed no later than December 31, 1997. l0 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF LABOR AND INDUSTRI' HARRISBURG. PA 17120 PREVAILING WAGH DIVISION 1301 LABOR AND INDIISTRY BIIILDING (717) 787-4763 Date of Request: September 16, 1997 Serial Number: 97-4723( 6) Determination Date: September 17, 1997 PREVAILING MINIMUM WAGE DETERMINATION Project Name: RfiPALCEMENT-OF ROOFS-CLARBDfONT.NIIRSING & RSHAB Project Number: Project Location: MiaDL858x County: CII1~ffiaRLAND Awarding Authority/Agency: cTY./CIIDffisRLAND Attached is the prevailing minimum wage predetermiaation for the project identified above. These rates are applicable to: Building Construction Heavy Construction Highway Construction A new request far predetermined prevailing wage rates must be made if the contract is not awarded within 120 days from the determination date shown above. By Direction of the Secretary of Labor and Industry Michael J. Acker Deputy Secretary for Safety and Standards 1 ]. IMPORTANT NOTICE TO: ALL PUBLIC BODIES The Department has received numerous wage rate appeals recently pursuant to section 8 of the Pennsylvania Prevailing Wage Act (43 P.S. sec. 165-8). Accordingly, the purpose of this notice is to remind public bodies awarding public work of the statutory appeal rights that apply to prevailing wage predeterminations, and the duties that public bodies must follow in the event of such appeals. A petition to review (i.e., appeal) the wage predetermination must be filed with the Secretary of Labor and Industry (Secretary) within ten (10) days of the publication and issue of the project specifications containing or incorporating by reference the predetgrmined wage rates. Usually, this means ten days from the date of-the first bid advertisement. The public body must be served with a copy of this petition withi~tt two days of the filing wlth the Secretary. Please notify the Bureau of Labor Law Compliance (]-800-932-0665) of any appeals that do not comply with these timeframes. The Secretary must convene a hearing within twenty (20) days of the appeal, and is required to issue a decision within ten (10) days of holding the hearing. The Bureau of Labor Law Compliance will notify the public body of the date, time and place of this hearing. Although the public body is not required to send a representative to this hearing, the hearing is open to the public, and it may be a good idea for a representative of the public body to attend if an issue of timeliness of filing or service exists. In the event of an appeal, the public body must extend the closing date for the submission of bids until five days after the final determination of the wage rates. Regulations adopted under the Prevailing Wage Act clarify that the final determination for purposes of extending the closing date for the submission of bids is the Secretary's final determination. Although there are further rights of appeal to the Prevailing Wage Appeals Board and the courts, and it is possible that the wage rates could change as a result of further appeals, the regulations do not require the public body to automatically hold up the project pending disposition of appeals beyond the final determination of the Secretary. Based on the foregoing requirements, public bodies racy be well advised to build-in the above time frames to the bidding process to avoid any unanticipated delays or unnecessary expenses to bidders caused by wage rate appeals to the Secretary. Additional information can be obtained from the Bureau of Labor Law Compliance (]-800-932-0665). 12 THE REMOVAL OF ALL ASBESTOS CONTAINING MATERIALS SHOULD BE HANDLED AS FOLLOb1S: (1) THB REMOVAL OF ALL INSULATION MATERIALS, WHETHER TH6T CONTAIN AS86STOS OR NOT, FROM MECHANICAL SYSTEMS (PIPES, BOILERS, DUCTS, FLUES., BREECHING3, 6TC.) WILL 86 RECOGNIfED J13 WORK TO HE CLASSIlIED AS ASBESTOS WORKER. (1) ON ALL MECHANICAL SYSTEMS (PIPES, BOILERS, DUCTS, FLUES, BRESCHIKG3, ETC.) THAT ARE COIKG TO BE SCRAPPED, THE REMOVAL OF ALL INSULATIIJG MATERIALS, WHETHER THEY CONTAIN ASBESTOS OR NOT, WILL 86 CLASSIlIED AS LABORERS. (3) THE REMOVAL 0! ALL ASBESTOS CONTAINING MATERIALS lR014 MALLS, CEILINGS, !COORS, COLUMNS AHD ALL OTHER NOK-MECHANICAL STRUCTURES AND lURFACE3, BY'C., WILL SE RECD TO THE CLASSIlICATIOx O! LABOREltB. (4) THE TBRM 'REMOVAL' SHALL NOT INCLUDE SEALING, LABELIIIG AND DROPPING OF SCRAP MATERIAL INTO APPROPRIATE CONTAINERS. AFTER, THE DROP, THE lINAL DISPOSAL WILL DE CLASSIFIED AS LABORERS. (S) THE LOADIIIG AT TfQ DESIGltATED AREA 0! ALL MATERW. 'PST GAVE BEEK REMOVED, BAGGED A1rD TAGGED, AS WELL AS CLEAIf-UP A1fD Ai.L UNLOADING, BURTIIIG AND OTHER WORx REQUIRED AT THE DISPOSAL SITS SHOULD BE CLASSIlIED AS LABORERS. (6) THE U36 OF $EAV? EQUIPMENT SHALL 8E CLASSIFIED AS AN EQUIPMENT OPERATOR (ENGINEER). 13 PROJECT NAME: AWARDING AGENCY: CONTRACT AWARDS DATE: SERIAL NUMBER: DETERMINATION DATE: P.W. INSPECTOR: FIELD OFFICE NUMBER: IN STATE "800" NUMBER: REPLACEMENT OF ROOFS-CLAREMENT NURSING & REHAB. CENTER E COUNTY 10 27 97 97-47 3 0917 97 RI BEAGLE 717-787-4671 800-932-0665 CUMBERLAND COUNTY -------------------------------------------------------------------------------- EFFECTIVE HOURLY FRINGE TOTAL DATE RATE BENEFITS -------------------------------------------------------------------------------- GLAZIERS Glaziers 07/01/95 17.20 2.67 19.87 -------------------------------------------------------------------------------- PAINTERS PAINTERS (BRUSH, ROLLER, SPRAY) 05/01/97 17.90 3.75 21.65 05/01/98 18.40 3.90 22.30 05/01/99 18.95 4.05 23.00 MILLWRIGHTS MILLWRIGHT 05/01/96 19.53 7.08 26.61 BRICKLAYERS BRICKLAYER5 02/28/97 15.65 3.09 18.74 -------------------------------------=------------------------------------------ CARPENTERS CARPENTERS 02/28/97 15.56 3.92 19.48 -------------------------------------------------------------------------------- CEMENT FINISHERS CEMENT FINISHERS 02/28/97 11.39 1.62 13.01 ELECTRICIANS Electricians 02/28/97 -------------- 15.64 ---------- 4.59 20.23 ----------- --------------------------------------------- IRONWORKERS IRONWORKERS (STRUCTURAL, ORNMENTAL, REBAR) 02/28/97 15.47 5.13 20.60 BUILDING LABORERS Building Laborers 02/28/97 10.91 2.29 13.20 BUILDING OPERATORS 14 BUILDING OPERATORS CONTINUED ON NEXT PAGE. SERIAL NO. 974723 PAGE 1 15 CUMBERLAND COUNTY -------------------------------------------------------------------------------- EFDrTEIVE HO~TEY BENEFITS TOTAL -------------------------------------------------------------------------------- 02/28/97 13.16 3.09 16.25 -------------------------------------------------------------------------------- ROOFERS ROOFERS (COMPOSITION, SHINGLE, SLATE, TILE) 02/28/97 12.11 2.98 15.09 -------------------------------------------------------------------------------- SHEETMETAL SHEET METAL WORKERS 02/28/97 13.82 4.95 18.77 -------------------------------------------------------------------------------- DRYWALL FINISHERS DRY WALL FINISHERS OS/O1j97 17.62 3.76 21.38 05/01/98 18.02 3..91 21.93 05/01/99 18.42 4.06 22.48 -------------------------------------------------------------------------------- BUILDING TRUCK DRIVERS BUILDING TRUCK DRIVERS 02/28J97 8.96 1.72 10.68 -------------------------------------------------------------------------------- PLUM.,PIPE.,STEAM.,SPRINKLERFITTERS AS~TO5~ANDPINSULAT16NSWO~RKEFRSTERS BOILERMAKERS SFRINKLERFITTERS 05/01/97 22.79 7.73 30.52 APPRENTICE RATES THE APPRENTICE'S HOURLY RATE IS BY PERCENTAGE OF THE JOURNEYMAN'S HOURLY RATE R~ATIOSOFTAPPRIENTICESITOTJOURNEY~MELNFWILLEBEEENFORCED SO APPLY TO APPRENTICES. ICES Last Pa e. SERIAL 1V0. 974723 PAGE 2 16 BID FORM TO THE CUMBERLAND COUNTY BOARD OF COMMISSIONERS: 1 bid the following price for the removal of and replacement of selected roofs at the Claremont Nursing and Rehabilitation Center of Cumberland County in accordance with the specifications: TOTAL S,/~ ~j,, ~ G O E' G 1. Name of Bidder ®$~ IMP~AVi=A~4€NT tN+o. 415-0 B®SLER AVENUE Address LEMOYN~ pn i~nd~ Identify of Bidder (Sole Proprietor, Partnership*, Corporation) ~_ Tax I. D. Number ,~ S - % 7 5 6 'i' ~~'~ Social Security Number Telephone Number ]~ 7 - ] 3 b - p 6 /C iilx ~3©.n ~ // 2. Signature of Bidder Attest (tf Corporatic Corpprate Seal *If partnership, all partners and their addresses must be listed. 17 NON-COLLUSION AFFIDAVIT State of ~ rp~~~,, ~ 2~~,,.. <, County of ~~, ~,.~ ,o~ ~2,~ ~~ .~ state that I am %Z~n, dl~- of ~_~ S', l~u~/' o /~.cu~... f ,~.`~ (Title) (Entity Name`I and that I am authorized to make this affidavit on behalf of said entity. I state that: 1. The price(s) and amount(s) 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 prices} nor the amount(s) of this bid, and neither the approximate price(s) nor approximate amount(s) 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. ~J,~S, yy1~/710L~OCLf1r,~~.•c. its affiliates, subsidiaries, officers, (Enti yl directors, and employees are not currently under the investigation by any governmental agency and have not in the last four years been convicted of or found {fable for any act prohibited by State or Federal law in any jurisdiction, involving conspiracy or collusion with respect to bidding of any public contract, except as follows: 18 NON-COLLUSION AFFIDAVIT • I state that /~.-F S'. /~u~~av~e~c~-r~s.r ~ ~«-~ understands and (Name o Firml acknowledges that the above representations are material and important, and will be relied on by County of Cumberland 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 County of Cumberland of the true facts relating to the submission of bids for this contract. porn ti~ ~v S'r%~Y~~ ,~/iTo f.~ESi~ __.~~ ~ ,-~ Name and Company Position Sworn to me and subscribed before me this /G'~ti day of _ oC~~fi fr , 1997 Rodney W ~ laUm, rvq~Kr Harrisburg, Qauphin Cni Commission Expires May 19 ADHERENCE STATEMENT It is understood, and agreed that all that precedes this statement is accepted. I affirm, on behalf of this company, corporation, agency, or entity that same are and wil{ be adhered to: Company ' ~/~5 1Zo sL F ii' v~ Address of Company Authorized Si ature a d Title Print Name and Title of Signer yCity, State nd Zip Code 20 ~ RLI BOND fTUMBER RL-0221220 Address All Correspondence To: RLIlnsurance Company 518 Stuyvesant Avenue P. O. Box 615 Lyndhurst, NJ 07071.9836 AIADocumen[ A311 Performance Bond KNOW ALLMEN BY THESE PRESENTS: that D&S IMPROVEh1ENT INC. 415 BOSLER AVENUE LEMOYNE~ PA 17043- as Principal, hereinafter called Contractor, and, RLI Insurance Company P.O. Box 615 Lyndhurst, NJ 07071-9836 v Surety, hereinafter called Surety, are held a-td firmly bound unro CLJPIB$RLAN7D COUNTY BOARD OF COhfiIISSIONERS _ ONE COUPTHOUSE SOURRE CAP.LTSLE PF. 17013-33fi7 as Obligee, hereinafter called Owner, in the amount of *Sixty-two. Thousand One Hundred Thirty & 00/100* Dollars ($ *******62,130.00 ), for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor has by written agreement dated 11/10/1997, entered into a contract with Owner for P.OOF REPLACEMENT OF CLAREh10NT NURSlNO REHABILITATION CENTER in accordance with Drawings and Specifications prepared by which contrac[ is by reference made a pan hereof, and is hereinafter referred to as the Con[rac[. AU tl(?pfltENT A]I I • PERr-0RMANCl~ BOND AND I.~BOR AND RUTERIAL PAYMEM BOND •,W •FFeRUAAY IYN lD. T}Ut AMERICAN BLSRtirra OP ARCIUTECIS, 17]f N.Y. AVE. N.W., WAS{ONGIUN. D.C N006 PI L'Xh`z c~~T ~° ~ „ __ _~ NOW, Z'FIEREFORE,Ttt~ .,ONDSTiONOF THIS OBLiGATiOti is such chat, if Contractor shall promptly and faith fully perform said Contract, then this obligation shalt be null and void; otherwise it shat! remain in full force and effect. The Surety hereby waives notice of any alteration or extension of time made by the Owner. 1Nttenever Con[ractor shall be, and declared by Owner to be in default under the Contract, the O~.vner having performed Owner's obligations thereunder, the Surety may promptly remedy the default, or shall promptly 1) Complete the Contract in accordance wi[h its terms and conditions, or contract or contracts of completion arranged under this paragraph) sufficien[ funds to pay the cost of completion Less the ba.'ance of the contract price; but not exceedine, including other costs and damages for which the Surety may be liable hereunder, the amount sec fonh in the first paragraph hereof. The [erm "balance of the contract price," u used in this paragraph, shall mean zhe total amount payable by Owner to Contractor under [he Contract asd any amendments [hereto, less the amount progeny paid by Owner to contractor. 2) Obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and upon determination by Surety of the lowest responsible bidder, or, if [he Owner elects, upon determination by the Owner and [he Surely jointly of the lowest responsible bidder, arrange for a contract between such bidder and Owner, and make available as work progresses `(even [hough there should be a default or a succession of defaults under the Any suit under this bond must be instituted before the expiration of two (2) yezrs from the dale on which final payment under the Contract falls due, No right of action shall accrue on this bond to or for the use of any person or corporation other than 'the Owner named herein or the heirs, executors, administraroa or successors of the Owner. Sond.P.L-0221220 has been signed, sealed a,:d dated oa 22J02J1997. D3S Ihl?P,O+/EM,c I I . huC. ey (Fine} c ., ~.~_ ('ditness) RLI IiVSURANCE COMPANY +r Ann h'.ar > K>anz Attorney-ir.-Fact AEA DOC1MENr A)11 •Pt72FORMA.YCE BOND AND i.~80R AND LtATFJWLTAYME`tT SOND •AlA •FE9RVARY t7A FD. TFIE ANERICAt7 GSRitf1E OF ARCF[fIF.CTS, ITjS KY-AYE., N. W., WASIIQiGTON, O.C. 3SLK PI A '- ' ~,'. O I, V . I_ S ~O ,IJ_ tiU2'i ~ F,:r;r• Lnelbgrgh L>' • Pocx.n. h. 67 E 75 ncrr r;c¢ ~ r c!~o o. ;nc;l'q tns-s 7a2 Admitted Assets Imrestments~. Fixed maturities ............................................ Equiy securities ........................................... Shart•term investments ................................ Real estate ..................................................... Cotlateral loans .............................................. Cash on hand and on deposit ........................ Agents' balances ............................................. Investment Income due and accrued ............. Federal income lax recoverable ...................... Reinsurance recoverable on paid losses........ Electronic data processing equlpmenL ret of accumulated tlepreciation .....:............. ONer admitted assets ...................................... Total Admitted Bond # RI.-02212 RLI Insurance Company December 31, 1996 Liabilities and Surplus Liabilities: 5759,289,764 Resene for unpaid bsses and lass .................... 214,274,009 adjustment expenses ...................................... 3754,047,835 599,844 Unearned premiums ............................................ 87,351,701 5,572,062 Accrued expenses ............................................... 75,919,663 - Federal intlome (axes payable ............................ 1,695,409 27.999,997 Funtls held .......................................................... 1.6:7,481 11,056,089 Amounts withhe!d ............................................... (649,269) 3,206,920 Statutory penalties .............................................. 757,800 Payable to af5liates ............................................ 4.254,779 (735,748) OraRs outstanding .............................................. 7.016.094 3.148,209 Total Liapililies ....................................................: 5229.864,405 2.480.465 Surplus: 5437,671.001 Common stock ................................................... 3 10.000.375 AddiCOnal paid•in Capital .................................... 51,879,775 Unassigned surplus ........................................... 146.756.888 Total surplus ........................................................ 5207.786.596 State of Illinois ss. County of Peoria Total Liabilities and Surplus ................................. 5477,677,007 The undersigned, being duly sworn, says: That he is President of RLI Insurance Company; that Bard Company is a corporatic duly organized, existing and engaged in business in the State of Illinois and has duly complied with all the requirements of th la~,vs ofsaid State applicable ofsaid Company and is duly qualified to act as Surety under such laevs; that said Company h2 also complied with and is duty qualified to act as Surety under the Act of Congress approved July 1947, 6U.S.C. sec. 6-1: and that to the best ofhis knowledge and belief the above statement is full, true, and correct statement of the frnancial'conditic of the said Company on the 3istdayofDecember1996. /alt@St: ,`suttunnuerr ~ _ - ~ouJgrr'CF ~`Q~ ~ ,~rf President ~~;'coapoR'9TF ~y Corporate ~¢ : ; ~- Sea] Jon n E. Pdichae SEAL = Affixed _ _,_ Z'- - Secretary Camil e J. Hensey ~trrrruunnta`s Swom to before me this 15th day of February Y997 ~ •OFF10tAL BFAL' . 7 KATHY A. TEBKE Notorial NOTARY PUBLIC, STATE OF ILLINOIS Seal _NotaryPublic NY EOYMIBBION EKPIREB 0]/22/99 Atfixed r yA esk State oflllinois My eommissid Expires March 22, 1999 RLI Bo~ro NU`IBER: RL-0221220 Address All Correspondence To: RL[ Insurance Company SlS Stuyvesant Avenue P.O. Box 615 Lyndhurst, tvJ 07071-9536 AIADocunten[ A31! l:.abor and Material Payment Bond THIS BOND IS ISSUED SI~NLTANEOUSLY WITH PERFORMANCE BOND IM FAVOR OF THE OWNER COND[TIONED ON THE FULL AND FARHFUL PERFOR\IANCE OF THE CONTRACT. KNOW ALLMEN BY THESE PRESENTS :that pE:S IN?PROVEh1ENT INC. X15 BOSLER AVENUE LE[•?DYNE ~ PA 17043- as Principal, hereinafter called Principal, and RLi Insurance Company 518 S[uyvesant Avenue, P.O. Box 615 Lyndhurst, NI 07071-9836 u Surely, hereitafer called Surety, aze held and firmly bound unto CUi4BERLPSiD COJDITY BOARD OF COMi4ISSIONERS ONE COURTHOUSE SOU.a.4E CARLISLE PA 17013-3387 as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinbelow defined, in the amount of*Sixty-two Thousand One Hundred Thirty & 00~/100* Dollazs (S *******62,130.00 ), for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. NHEREAS, D&S IMPROVEMENT, ZNC. Principal has by written agreement dated 11/10/1997, entered into a contract with Owner for ROOF REPLACEMENT OF Ol.F~4eA~NT NURSING REHAB[LITAT[lb`1 CENTER in accordance with Drawin,s and Specifications prepazed by which contract is by reference made a pan hereof, and is hereinafter refereed to as the Contract. AU DONMEM Nil • PERFORMANCE BOND AND LAB00. AND MATERIAL. PAYMENT 80ND • ALA • FEERUARY IYA ED. THE AMERICAN E~SITTTfIE OF ARCiI[TEGTS, I73S N.Y. AYE., N.W., WASI@iGTON, D,C. 711006 ~ ~x~rQr~r „~.,. ,- ,. NON, TEIEREFORE, TEI~ .ONDIT[ON OF TH[S OBL[GATIONis such that, if Principal shall promptly make payment to all claimants as hereinaRer defined, for all tabor and material used or reasonably required for use in [he performance of the Contract, then this obligation shall be void; othervise it shall remain in full force and effect, subject, however, to the following conditions: L. Aclaimant is defined as one having a direct contract with the Principal or with a Subcontractor of the Principal far labor, mateciai, oc both, used or reasonable required for use in the performance of the Contract, labor and material being construed to include that pan of water, gas, power, light, heat, oil, gasoline, telephone service or rental of equipment directly applicable to the Contract. 2. The above named Principal and Surety hereby jointly and severally agree with the Owner that evey claimant as herein defined, who has not been paid in full before the expiration of a period of ninety (90) days after the date on which the last of such claimant's work or. labor was done or performed, or materials were furnished by such claimant, may sue on [his bond for the use of such claimant, prosecute the suit to fine! judgement for such sum or sum's as may be justly due claimant, and have execution thereon. The Owner shall not be liable for the payment of any costs or expenses of any such suit. 3. No suit or action shall be commenced hereunder by zny claimant: a) Unless claimant, other than one having a direct contract with the Principal, shall have given written notice to any two of the following: the Principal, the Owner, or the Surety above named, within ninety (90) days after suet. claimant ,did or performed [he last of the work or labor, or fumished the last of the materials for which said claim is made, stating with substantial zccuracy the amount claimed and the name of the party to whom [he materials were furnished, or for whom the work or labor w•as done or performed. Such notice shall be served by mailing ine same by reeistered mail or certified mail, postage prepaid,~in an envelope addressed [o [he Principal, Owner or Surety, at any place where zn office is regularly maintained for the trznszction of business, or served in any manner in which legal process may be served in the state in which the aforesaid project is located, save [ha[ such service need not be made by a public officer. b) After the expiration of one (1} year fotlowing the date on which Principal ceased Nork on said Contract it being understood, however, that if any limitation embodied in [his bond is prohibited by any law controlling the construction hereof such limitation shall be deemed to be amended so as to be equal to the minimum period of limitztion permitted by such law. c) Other than in z state coutt of competent jurisdiction in and for the county or other political subdivision of the state in which the Project, or any pan thereof, is situated, or in the United Slates District Coun for the district in which the Project, or any part hereof, is situated, z*td not elsewhere. 4. The amount of this bond shall be reduced by and to [he extent of any payment or payments made in good faith hereunder, inclusive of the payment by Surety of mechanics' liens which mzy be filed of record zgainst said improvement, whether or not claim for the amount of such lien be presented under and against this bond. Eond P.i.-ozz>_zzo has been signed, sealed and dated on lz/oz /1997. D3S IMPR09EMEMT. INC. 8l - Q,li tness) - (Title) RLI INS RANCtCUVI ~- i (~ditness) / Ann Na~ie Xeane Ertn~ v.in.Ra H' AIA DOGVRfENr AJII •PE.¢FORMMiCE BOND A.ND L.iBOR AltD AUTERIAL PAYMENr BOND •AfA •!•78RVARY IgA ED. Tl~ AMERICA.( Ilp R[VR' OE AACIVfECrS. IY15 N.Y. AVE, N.W„ WASIINWTON, D.C. lDW6 t;:~, ~ / D I V I S I O N ~a htJ:S rL:rtn L!~`t1UarG : Lr F~e:ria. IL F,1 fi 1 i 13 J:!I E'19-1!;~7n or Irilili~ udp Llfy know All Men by These Presents: Bond ~ I2I_~022122 POWER OF ATTORNEY RLI Insurance Company That the RLI L~iSURANCE COhfPANY', a corporation organized and existing under the laws of the State of Illinois, and authorized and licensed to do business in all states and the District of Columbia does hereby make, constitute and appoint: ' ROBERT A. IV"ICOSIA, MARGARET A. A'ICOSIA, MICHELLE NICOSIA, ANN h1.4RIE ICEAiYE, ICIhIBERLY M. DIBLASI, .4l\'D ALARY R. i1IcFEE in the Ciry of LYNDHURST, State of NEW ]ERSEY, as Attorney(s)-in-Fact, wi[h full power and authoriry• hereby conferred upon him [o sign, execute, acknowledge and deliver for and on its behalf as Surety and as its act and deed, a{I of the following classes of documents to-wit: Indemnity, Surety and Undertakings that may be desired by contract, or may be given in any action or proceeding in any court of law or equity; policies indemnifying employers aga'utst loss or damage caused by the misconduct of their employees; official, bail and surety and fidelity bonds. Indemnity in all eases where indemnity may be lawfully given; and with full power and authoriry to execute consents and waivers to modify or change or extend any bond or document executed for this Company, and to compromise and serde any and all claims or demands made or existing against said Company. The RLI INSURANCE COMPANY further cenifies that the following is a true and exact copy of a Resolution adopted by the Board of Dirctors of RLi Insurance Company, and now• in force to-wi[: "All bonds, policies, undertakings, Powers of Atrorney, or other obligations of the corporation shall be executed in the corporate name of [hz Company by the President, Secretary, any Assistant Secretary, Treasurer; or any Vice President, or by such other officers as the~Board or Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or ine Treasurer may appoint Attorneys-in.-Fact or Aeents w:`,o steal( have authoriry to issue bonds, policies, or undertakings in the name of thz Company. The corporate seal is no: necessary for the validity of any bonds, policies, unclertaling, Powers of Attorney, or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile." ZV WITNESS WHEREOF, the RLI Insurance Company has caused thzse presents to be executed by its PRESIDENT with its corporate seal affixed this ' ~~JPIp,N C E CQ , .~ ATTEST: S v '. y ~ P,LI ItiSURAtiCE C( 2 : -< a _ SE?1L ~av~= Corpora.e Secretar/ _ President Stat<oI I4linois ) •••...••••• County o(Peoria ~ SS ''''•~~ii~~~)INIrQ;sss~~: On this day of 12/02/1997 before me, a Notary Public, personally appeared Jonathan E. Michael and Camille J. Hensev, who being by me duly sworn, acknowledged that they signed the above Power of Attorney as President and Corporate Secretary, respectively, of the said RLI INSURANCE COb(PANY, and acknowledged said inswment to be the voluntary act and dud of said corporation. ` I, •aFFICIAI SERI' Netary Public GTXT A, YESKE IgTAgY PUat.IC, STA1E of 0.LIfq[S M CpHISSICN fX7tgEf Oa/Za/99 (!2/96) f7cPrSr.PrJ~r?.PrJ~cPcTcPcPrJ~rlcl~rJ'rJ~U~~.fa~Pr.Pcl VER~ICO TOTAL ROOFING SYSTEM WARRANTY Versieo Incorporated (VERSICO) warrants to the Builtling Owner (OWNER) of Me building described below, mat subject to the terms, conditions and Ilmitations stated In this wananry. Versico will repair any leak In the Versico Total RooAng System (VERSiCO TOTAL ROOFING SYSTEM) Installed by a Veraico Authorized Roaring Contractor for o period of .~~- years commencing with the date of Versico's acceptance of me Versico Total Roofing System installoton. However, in no event shalt Versico's obligattons extend beyond ~.5- 1/2) years subsequent to the date of substantial completion of me Versico Total RooAng System. See below for exact date of wananry expiration. the Veraico Total RooAng System is donned as me following Versieo Materials: Membrane, Flaahings, Adheslves and Sealants, Fastener Assemblies, Metal Edging, qny omer Versico brand products utilized In - ihh installation, and any other products speciACally approved by Versico for coverage under mis wananry. - . . TERMS, CONORIONS, LIMRATIONS L Owner shall provide Versico wim written notice Tome address printed below wlttitn mirfy (30) daysiot me discovery of am/ leaks (n me Roofing System. By so notirying Versico, me Owner aumoraes Versieo To investigate me cause of tte leak Should me Investigation reveal me cause of me leak to be ouhide me scope of mis wortanN. investigation andYepair cosh for mi9 service shall be paid by me Owner. 2. If, upon inspection, Versico determines mat me leaks in me Roofing System are caused by defects in me RooAng System's materi- al or workmanship of me Versico Aumorized Roofing Canhador in installing the same, Owner's remedies and Versico's liability shall be !imBed to Versico's repair of me leak in me Roofing System. 3. This Wartanry shalt riot be applicable if Versico determines mat cny of the following has occurred: (a) The RooAng System is damaged by natural disasters, including, but not Iimtted to. lightning,insects, wintls in excess of 55 mph meo- cured of roof level. earthquakes, Ara; tamado. and hall; or (b) The Roofing System IS damaged by any ach of negligence, aeeidenh, or misuse, Inelutling, but not IlmAed to. excessive hafAc, recreational activittes, storgge of materials on me roof vandalism, or civil disobedience; or (c) fie Roofing System Is damaged by infilhafion of moisture in, mrough, or around walls, skylights, yenh, copings, HVAC unite, buAding shueNres, or undertying or surtounding areas; or (d) fie RooAng System b tlamagetl by me building shucture faiE trig Io have adequate shengm to support all Iwe and dead loads, including wafer and snow loads, olby any omer shuctural tlefech or failures: or - OS-iNER CUbSBERLAND BOARD OF COMMISSIODIE:RS ROOF AREA COZ'ERED 32.500 SQ.FT. BUILDING: CLAREMONT NURSING AND REHAB. CENTER 357CLAREMONT DRIVE CARLISLE,PA. DATE INSTALLATION COMPLETED 12/13/97 WARRANTY EXPIRATION DATE 12/13/1.2 vEr~sico INCORPORATED`~® (e) The Roofing System Is Camoged by settlement, distonlon, crock- ing, movement or failure of me roof substrate, cop(ng, wafB, shucfuraf members or components adjacent to the roof or tounddtion of sold building: or (~ fie Roofing System is damaged as a result of a lack of proper drainage or attack by roof top contaminants such as solvents, Petro- leum, oil products, acids, or omen harmful chemicals. 4, This WartonN shall be null and void if.Versico determines that any of the following has occured: (a) If, otter installation of ttte RooAng System by a Versico Aumoraetl Roofing Cdnhactor, mere are any atterattais. test cute, or repairs made On or. through me roof, or objeeh such as, but not CmiF ed to, shuetures, AxNres, or uHlilfes are placed upon or attached fo me roof wtihoW first obtaining wrttfen aumorizotion team Versieo, or (b) Failure by me Owner to use reasonable care m maintaining me roof. Including, but not Iimtted to, periodic cleaning of dralrss and removal of harmful debris from me roof, or (c) Owner falls to comply wish every term and/or condtoon stated herein. 5. During me term of mh WartaMy. Versico shalt have free access fo me roof during regular business hours. 6. Versco shall have no obBgatlon under ml9 Wahanry while arty bills for installation, suPPlies. services, and wananry charges have riot been paid in lull tome Versico Authorzed Roofing Conhactor, Versico, or material 9uppilers. ~' 7.Versfeo's failure at anY time M enforce err/ of me terms or contli- Bonsstated herein snail not be construed fo be a waNer of such pro- vision. B.Thh wananry is not assignable bV operation of low or omerwue. Application may be made by a new building owner for reissuance of me wartanN during the original warranty period. Certain procedures. including an inspection of me Roofing System by a Versieo represerr tafive, and tees will appry to any reissuanee, Veraico reserves me right, in its sole d'iscretton, fo refuse to reissue mis wananry. VERSICO DOES NOT WARRAM PRODUCTS UUUZED IN 7HI5 WSfAl1A- TION WHICH R HAS NOT FURNISHED: AND SPECIFICALLY DISCLAIMS UA- BILRY, UNDER ANY THEORY Of LAW, ARISING OUT OF 7HE lNSTALLAIION AND PERFORMANCE Of, OR DAMAGES SUSTAINED BY OR CAUSED BY, PRODUCTS NOT FURNISHED BY VERSICO. THE REMEDIES STATED HEREIN ARE 7HE SOLE AND IXCLUSIVE REME- DIES TOR FAILURE OF THE ROOFlNG SY57EM OR RS COMPONENTS. THERE ARF NO WARRANTIES E71HER IXPRESSED OR 1MPUED, INCLUDING THE IMPLIED WARRANTIES OF FRNE55 FOR A PARTICULAR PURPOSE AND MERCHANTABIUTy', WHICH EXTEND BEYOND THE FACE HEREOF. VERSICO SHALL NOT BE UABIE FOR ANY INCIDENTAL. CONSE9UENilAL OR OTHER DAMAGES INCLUDING, BUT NOT UMTLED TO, LOSS OF PROFRS OR DAM• AGE TO 1HE BUILDING OR RS CONLENTS UNDER ANY MEORY OF TAW. ROOFER: D lk S IMPROVEMENT INC. 415 BOSLER AVE LEMOYNE PA. 1%043 PHONE: 717)730-0616 LENGTH OF WARRANTY: 15 YEARS SERIAL NUM. 3485 Fortuna Drive Akron, Ohio 44312 1-aoo-9e2a663 (216) 644-2613 FAX 93261 VER~SI~CO~IN~C~O/RPO~RATiE.D fr ., County of Cumberland In The Court of Common Pleas Plaintiff, of Cumberland County vs. No.: 01-3958 Civil Term RLI Insurance Company Defendant CERTIFICATE OF SERVICE I, Janet A. Walter, hereby certify that I served a true and correct copy of the foregoing Important Notice on the Defendant, RLI Insurance Company, 518 Stuyvesant Avenue, P.O. Box 615, Lyndhurst, NJ 07071-9836, by certified return receipt requested United States mail, postage prepaid, on the date hereinafter set forth. Date: ~d'lZ-C%/ ~ ~~ke~-/~-> ~~~ (7 c~ G ..._ Cf)~ CI"i C-7 CG '= ~, ~'l7 ~-". ".-..3rd ~C W 4^ ;2 ~~ ~ ~ .~ -K av.~.me~?pYaR^~°~PG y'#PC~'zs6a~~ ~"~~3~So-~gu~Fi9£^~.. •0 OF CUMBRRLAND vs. RL1 INSURANCR COMPANY In the Court of Common Pleas of Cumberland County, Pennsylvania No. 395$ CiviL74Ef 2001 Please enter judement in favor of Plaintiff County of Cumberland. and aeainst the Defendant RLI Insurance Comoanv. in the amount of $62.130.00 to eg ther with costs and interest for failure to Pile within the required time_ a pleading to a complaint. To Curtis R. Long December 4 Prothonotary ~C 2001 Attorney for Plaintiff ,. No. 3958 Term,Y9C 2001 County of Cumhrrl and VS. RLI Insurance Company PRAECIPE Filed ]i4C2D41 A[ty. ~~. - -~ : il ; , r-ry 4' i F I_ [~) .- ~P ~ - `-I". ~,~ t ~ r ~1 i ~i . f ~ ~ J J C a ~ L~ ~. xxaw ~wns~s~r=w.+~asas~xev~^~s.s~nrwFn uv .~•r~..~ ~e.er~.x emu. as-. n...~._.. ..,-. ~..~er.n .~ n. zed ~ - }ia+Rm~eR4fi~?=I'a. COUNTY OF CUMBERLAND Plaintiff V. RLI INSURANCE COMPANY Defendant . To: RLI Insurance Compan Date of Notice: ~ ~ ~~ ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-3958 CIVIL TERM IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAYBE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 ~' /~~ ~l._ ttomey for Plaintiff County of Cumberland In The Court of Common Pleas Plaintiff, of Cumberland County vs. No.: 01-3958 Civil Term 12LI Insurance Company Defendant CERTIFICATE OF SERVICE I, Janet A. Walter, hereby certify that I served a true and correct copy of the foregoing Notice of Intent to File Default Judgement against on the Defendant, RLI Insurance Company, 518 Stuyvesant Avenue, P.O. Box 615, Lyndhurst, NJ 07071-9836, by regular United States mail, postage prepaid, on the November 20, 2001. A copy of the Certificate of Mailing is attached hereto. 1 MAV BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NqY'. ~~' PROVIDE FOR INSURANCE-POSTMASTER :~~" .~' e Received Rom: Q, ` ;,.o 2 ° } N c h _ ~e-~e.m--.~e> ~ X70 ~` `'~ ~'d~~y ~ n One,piece of ordinary mail addressed to: , >. ~'btL~T DG N~ ON ~. ~~ S67o7) -~R~ N~ o PS Form 3817, Mar. 1969 C .~, 4. COUNTY OF CUMBERLAND In the Court of Common Pleas of Cumberland County, Pennsylvania vs. No. 395$ Civil.l[8 2001 RLI INSURANCE COMPANY To the Prothonotary, Please mark the above-captioned Complaint settled and satisfied. To Curtis R. Long Prothonotary X~¢ 2002 uorney for Plaintiff ,ff~yS -}D Zi~s3 No. Term, 19 VS. PRAECIPE Filed 19 Atty. ~. ~S r _ _33hTflpeHnnsq AftHt~F4e~~T tt ecF+. dgN6IMC1kRfiNem3FR3~eY*~a ,B.fan..n.?haA~nif4:~i."-~.a#• .Y a..R*KVfl.c. [ryR@"ln?53Wr°FWd.