HomeMy WebLinkAbout03-6505DAVIS, BUCCO & ARDIZZI
By: Robert D. Ardizzi, Esquire
Attorney I.D. No. 65683
10 East 6th Avenue, Suite 100
Conshohocken, PA 19428
(610) 238-0880
Attorneys for Plaintiff
Reed Associates, Inc.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
REED ASSOCIATES, 1NC.
173 Main Street
Harleysville, PA 19438
Plaintiff,
No.
FIDELITY & DEPOSIT COMPANY
OF MARYLAND
3910 Keswick Road, 5th Floor
Baltimore, MD 21211
Defendant.
NOTICE
You have been sued in Court. If you wish to defend against the claims set forth in the following
pages, you must take action within twenty (20) days after 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
case may proceed without you and a judgment may be 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.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
(800) 990-9108
DAVIS, BUCCO & ARDIZZI
By: Robert D. Ardizzi, Esquire
Attorney I.D. No. 65683
10 East 6th Avenue, Suite 100
Conshohocken, PA 19428
(610) 238-0880
Attorneys for Plaintiff
Reed Associates, Inc.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
REED ASSOCIATES, 1NC.
173 Main Street
Harleysville, PA 19438
Plaintift}
No. O~ -~
FIDELITY & DEPOSIT COMPANY
OF MARYLAND
3910 Keswick Road, 5t~ Floor
Baltimore, MD 21211
Defendant.
COMPLAINT
1. Plaintiff herein, Reed Associates, Inc. ("Reed") is a Pennsylvania corporation with a
principal place of business as stated above.
2. Defendant Fidelity & Deposit Company of Maryland ("F&D") is upon information and
belief a corporation of the State of Maryland and a surety company authorized to transact business in
the Commonwealth of Pennsylvania with a place of business as stated above.
3. F&D issued a labor and material payment bond as surety for Kamand Construction,
Inc. ("Kamand") for a public works construction project known as the East Pennsboro High School
in Enola, Cumberland County, Pennsylvania (the "Project").
4. On or about November 21, 2000, Kamand entered into a written contract with Reed
whereby Reed agreed to supply and install certain equipment at the Project for the sum of
A true and correct copy of the contract is attached hereto as Exhibit "A" and made a
$33,800.00.
part hereof
5.
During the course of the project, a change order was issued to Reed byKamand which
increased the amount of the contract by $805.00.
6. Reed performed all of the work required of it in a good and workmanlike manner and
in accordance with the contract documents.
7. To date, there is a balance of $3,460.50 owed to Reed by Kamand for the work
performed pursuant to the contract. A true and correct copy of the unpaid invoice is attached hereto
as Exhibit "B" and made a part hereo£
8. Despite demand by Reed, Kamand has failed and refused to pay the balance owed to
Reed.
9. As the surety for Kamand and pursuant to the terms of the payment bond, F&D
agreed to be liable to claimants such as Reed in the event that they were not paid by Kamand for
labor and materials furnished to the Project.
10. Reed is a proper claimant under the bond issued by F&D because it furnished labor
and materials to the Project as a direct contractor to Kamand but it has not been paid in full for its
work.
11. F&D is therefore liable to Reed for the balance of $3,406.50.
12. All preconditions to Reed's right to pursue this claim have either been satisfied by
Reed or waived by F&D and/or Kamand.
WHEREFORE, Plaintiff Reed Associates, Inc. demands judgment in its favor and against
Defendant Fidelity & Deposit Company of Maryland in the amount of $3,406.50 plus interest and
costs.
DAVIS, BUCCO 8,: ARDIZZI
EXHIBIT "A"
Michael P. Kadllak
~resldent CEO
William ~. Manna
Executive Vice President
4 KAMAND
CONSTRUCTION, INC.
J. Michael Rutherford -
Vice Presidenf
David M Suder
v~ce President
STANDARD FORM OF- A GREEII~NT BETWEEN
CONTRACTOR.AND SUBCONTRACTOR
AGREEMENT made this 21`e day of November, 2000
BETWEEN the' Contractom.
Kamand ~onstruction, Inc.
203 Lynndale Court
MechanicsbmTg, PA 17050
717-691-9350 Phone
71 7-691-9790 Fax
And theSubcontractor:
Reed Associates, Inc.
173 West Main Street
Harieystnlle, PA 19438
.... RbPCoit'Buek - -Co~tac'f
.215-256:9572'Phone'
East Pennsboro Area Sctmol District
.... 98 S~th' Enota Drive
Enola;pA 17025-2796
Dick Burgett - Contact
717~909-5636 phone-
For the fvll°Wing project: ' East pe~sboro High School A ddd tions and Alterations
Contract No.:00094 - S~9 t ugiCaL'STO O -OE UNrrS
Which Contract-is hereinafter .rq~,('red to ~s the Prime Contract and which provides for the
furnishing of ~, ma',tellS, equipment, and serv{ces.in'connection with the construction of the
project. A copy ofthe Prime Contract, consisting of th~ Agreement Between Owner and
Contr c (from £q.m12 ensa .a.. eunts deleted) anti the Contract
DoCUments'eniamerated'~hemin has ~ YriM~ iroazlable ~o the' Subcontradtor.' The contract
DoCUments are available for review by 01~ Subcontractor at all reasonable 'times at the office of the
The Architect fo~ the Project is: Gilbert. Ar~hitect~ '
626 North Charlotte Street
Lancaster, PA 17603
Greg Grissinger ~ Field Contact
. lohn Pryql~ - Office Contact
717-291-1077 Phone -
717-392-3923 Fax -
........ 203 [.ynndale Gourt,,Mechan csburg,, .ennsylvan~a 1 7050
.-_ ~' Phone (717~1691,-9350 -;*.Fax (7~ 7} 691-9790 . .
The Contractor and the Subcontractor Agree as follows:
Specification sections 10672 and 12326
Rvoms F105, F107, F108 and Flll
1. Furnish and install items M1 through M25 on finishing schedule - 12000
2. Furnish and install musical lfOrary storage system
3. Debris to be put into G.C. dumpster
4. Unloading of materiale
Scope sheet dated 9/12/00 and Alan Reed's fax of 11/21/00 attache~"
ARTICLE 1 - THE SUBCONTRACTDOCUMENTS
1.1 The Subcontract Documents consist of (1) this Agreement; (2) the Prime Contract,
consisting of the Agreement between the Owner and the Contractor and the other
Contract Documents enumerated therein; (3) Modifications issued subsequent to the
execution of this Agreement between the Owner and Contractor, whether before or after
the execution of this Agreement; (4) other documents listed in Article I6 of this
Agreement; and (5) Modifications to this Subcontract issued after execution of this
Agreement. These form the Subcontract, and are as fully a part of the Subcontracts as if
attached to this-Agreement or repeated herein. The Subcontract represents the entire and
integrated agreement between the parties hereto and supersedes prior negotiations,
representations or agreements, either written or oral. An enumeration of the Subcontract
Documents, other than Modifwations issued subsequent to the execution of this
Agreement, appears in Article 16.
1.2 Except to the extent of a conflict with a specific term or condition contained in the
Subcontract Documents, the General Conditions governing this Subcontract shall be the
edition of AIA Document A201, General Conditions of the Contract for Construction,
current as of the date of this Agreement.
1.3 The Subcontract may be amended or modified only by a Modification. The
Subcontract Documents shall not be construed to create a contractual relationship of any
kind (1) between the Architect and the Subcontractor, (2) between the Owner and the
Subcontractor, or (3) between any persons or entities other than the Contractor and
Subcontractor.
1.4 The Subcontractor shall'be furnished copies of the Subcontract Documents upon
request, but the Contractor may charge the Subcontractor for the reasonable cost of
reproduction.
1.5 The Subcontractor represents and agrees that it has carefully examined the nature,
locality, and site of the work and the conditions and difficulties under which the work is
to be performed and it enters into this Subcontract on the basis of its own examination,
investigation and evaluation of all such matters and not in reliance upon any opinions or
representations of the Contractor.
1.6 All of the work shall be perfvrmed in accordance with all the contract drawings and
specifications and any ~ddenda and modifications thereto. Should it appear that the work.
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hereby intended to be done or materials to be furnished are not sufficiently detatled or
explained on the drawings or in the specifications, the Subcontractor shal! advise the
Contractor immediately and request such clarifications and shall conform to the same
without extra compensation.
ARTICLE 2 - MUTUAL RIGHT AND RESPONSIBILITIES
2.1 The Contractor and Subcontractor shall be mutually bound by the terms of this
Agreement and, to the extent that the provisions of the edition of AIA Document A201
current, as of the date of this Agreement apply to this Agreement pursuant to Paragraph
1.2 and provisions of the Prime Contract apply to the work of this Subcontractor, the
Contractor shall assume toward the Subcontractor all obligations and respons~l~ilities
that the Owner, under such documents, assumes toward the Contractor, and the
Subcontractor shall assume toward the Contractor all obligations and responsibilities
which the Contractor, under such documents, assumes toward the Owner and the
Architect. The Contractor shall have the benefit of all rights, remedies, and redress
against the Subcontractor which the Owner, under such documents, has against the
Contractor. Where a provision of such documents is inconsistent with a provision of this
Agreement, this Agreement shall govern.
2.2 The Contractor may require the Subcontractor to enter into agreements with Sub:
subcontractors performing portions of the work of this Subcontract by which the Sub-
subcontractor is bound to the Subcontractor, to the extent of the work to be performed by
the Sub-subcontractor, to the same extent the Subcontractor is bound to the Contractor,
and by which the Sub-subcontractor assumes all of the obligations and respons~Zilities
~ that the Subcontractor assumes herein.
ARTICLE 3 - CONTRACTOR
3.1 SERVICES PROVIDED BY THE CONTRACTOR
3.1.1 The Contractor shall cooperate with the Subcontractor in scheduling and
performing the Contractor's work to avoid conflicts or interference in the Subcontractors
work and shall expedite written responses to submittals rt, qd~ by the Subcontractor in
accordance with Paragraph 4.1 and Article 5. As soon as practicable after execution of
this Agreement, the Contractor shall provide the Subcontractor copies of the Contractor's
construction schedule and schedule of submittals, together with such additional
scheduling detmls as will enable the Subcontractor to plan and perform the
Subcontractor' s work properly. The Subcontractor shall be notified promptly of
subsequent changes in the construction and submittal schedules and additional
scheduling details.
3./.2 The Contractor shall endeavor to provide suitable areas for storage of the
Subcontractor' s materials and equipment during the course of the work.
3.1.3 Expect as provided in Article 14, the Contractor's equipment will be available to the
Subcontractor only at the Contractor's discretion and mutually satisfactory terms.
3.2 COMMUNICATIONS
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3.2.~ The Contractor shall not give instructions or orders directly to the Subcontractor' s
employees or to the Subcontractor' s Sub-subcontractors or material suppliers unless such
persons are designated as authorized representatives of the Subcontractor.
3.2.2. Il:hazardous substances ora type of which an employer is required by law to notify
its employees are being used on the site by the Contractor, a subcontractor, or anyone
directly or indirectly employed by them (other than the Subcontractor), the Contractor
shall, prior to harmful exposure of the Subcontractor' s employees to such substances, give
written notice of the chemical composition thereof to the Subcontractor in sufficient detail
and time to permit the Subcontractor' s compliance with such iaws.
3.3 CLAIMS BY THE CONTRACTOR
The Subcontractor shall be responszble for liquidated damages to the extent provided for
in the Contract Documents for delays caused by or contnlruted to by the Subcontractor
or any person or entity for whale acts the Subcontractor may be liable, including all or a
portion of any liquidated damages assessed by the Owner against the Contractor
attributable in whale or in part to such Subcontractor caused delays. Subcontractor shall
further be respons~ble fvr actual damages to the Contractor caused or contrPauted to by
delay caused by the Subcontractor or any person or entity for whom the Subcontractor is
responsz~le. In the event liquidated damages or actual damages or both are caused by the
Subcontractor and another entity, the Contractor shall have the right to reasonably
apportion said damages between the parties, and such apportionment shall be binding.
3.4 CONTRACTORtS REMEDIES
3.4.1 If the Subcontractor defaults or neglects to carry out the work in accordance with
this Agreement and fails within three working days after receipt of written notice from
the Contractor to commence and continue correction of such default or neglect with
diligence and promptness, the Contractor may, and with prejudice to any other remedy
the Contractor may have, make good such deficiencies and ttmy deduct the reasonable cost
thereof from the payments then or thereafter due the Subcontractor.
ARTICLE 4 - SUBCONTRACTOR
4.1 EXECUTION AND PROGRESS OF WORK
4.1.1 The Subcontractor shall supervise and direct the Subcontractor's work, and shall
cooperate with the Contractor in scheduling and perfvrming the Subcontractor' s work to
avoid conflict, delay in or interference with the work of the Contractor, other
subcontractors or Owner's own forces. The Contractor shall have the right to modify the
construction schedule, to suspend, delay or accelerate, in whale or in part, the
commencement or execution of the Subcontractor' s work or vary the sequence thereof
without compensation to the Subcontractor. In the event such a delay or suspension
extends the overall time of the perfvrmance, the completion date fvr Subcontractor' s work
shall be extended. Such extension shall be Subcontractor' s sole and exclusive remedy and
Subcontractor shall have no claim against the Contractor.
4.1.2 The Subcontractor shall promptly submit within ten (10) days of receipt of this
agreement ten (10) copies of Shop Drawings, Product Data, Samples and similar
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submittals required by the Subcontract Documents with reasonable promptness and in
such sequence as to cause no delay in the work or in the activities of the Contractor or
other subcontractors.
4.1.3 The Subcontractor shall submit to the Contractor a schedule of values allocated to
the various parts of the work of this Subcontract, aggregating the Subcontract Sum,
made out in such detail as the Contractor and Subcontractor may agree upon or as
required by the Owner, and supported by such evidence as the Contractor may require.
In applying for payment, the Subcontractor shall submit statements based upon this
schedule.
4.1.4 The Subcontractor shall furnish to the Contractor periodic progress reports on the
work of this Subcontract as mutually agreed, including information on the status of
materials and equipment which may be in the course of preparation, manufacture or
transit.
4.1.5 The Subcontractor agrees that the Contractor and the Architect will each have the
authority to reject work of the Subcontractor, which does not conform to the Prime
Contract. The Architect's decisions on matters relating to aesthetic ef~ct shall be final
and binding on the Subcontractor if consistent with the intent expressed in the Prime
Contract.
4.1.6 The Subcontractor shall pay for all materials, equip,ient, and labor used in
connection with the performance of this Subcontract through the period covered by
previous payments received from the Contractor, and shall furnish satisfactory evidence,
when requested by the Contractor, .to verify compliance with the above requirements.
Upon request, Subcontractor shall furnish releases and lien waivers.
4.1.7 The Subcontractor shall take necessary precautions to protectproperly the work of
other subcontractors, and the work of the Contractor and the Owner, from damage
caused by operations under this Subcontract.
4.1.8 The Subcontractor shall cooperate with the Contractor, other subcontractors and
the Owner's own forces whose work might interfere with the Subcontractor' s work. The
Subcontractor shall participate in the preparation of coordinated drawings in areas of
congestion, if required by the Prime Contract, specifically noting and advising the
Contractor of potential conflicts between the work of the Subcontractor and that of the
Contractor, other subcontractors, or the Owner's ozon forces.
4.2 LAW, PERMITS, FEES AND NOTICES
4.2.1. The Subcontractor shall give notices and comply with laws, ordinances, rules,
regulations, and orders of pUblic authorities bearing on performance of the work of this
Subcontract. The Subcontractor shall secure and pay fiTr permits and governmental j~es,
licenses and inspections necessary for proper execution and completion of the
Subcontractor' s work, the furnishing of which is required of the Contractor by the Prime
Contract.
4.2.2 The Subcontractor shall comply with Federal, state and local tax laws, Social
Security Acts, Unemployment Compensation Acts and Worker's Compensation Acts
insofar as applicable to the performance of this Subcontract.
4.3 SAFETY PRECAUTIONS AND PROCEDURES
4.3.1 The Subcontractor shall take reasonable safety precautions with respect to
performance of this Subcontract, shall comply with safety measures initiated by the
Contractor, and with applicable laws, ordinances, rules, regulations, and orders of public
authorities for the safety of persons and property in accordance with the requirements of
the Prime Contract. The Subcontractor shall report to the Contractor within three days
an injury to an employee or agent of the Subcontractor, which occurred at the site.
4.3.2 If hazardous substances ora type of which an employer is required by law to notify
its employees are being used on the site by the Subcontractor, the Subcontractor' s Sub-
subcontractors or anyone directly or indirectly employed by them, the Subcontractor
shall, prior to harmful expose of any employees on the site to such substance, give written
notice of the chemical composition thereof to the Contractor in sufficient detail and time
to permit compliance with such laws by the Contractor, other subcontractors and other
employers on the site. Hazardous materials shall not be used at the site without prior
written approval of the Contractor.
4.3.3 If reasonable precautions will be inadequate to prevent foreseeable bodily injury or
death to persons resulting from a material or substance, including but not limited to
asbestos or polychlorinated biphenyl (PCB), encountered on the site by the
Subcontractor, the Subcontractor shall, upon recognizing the condition, immediately stop
work in the afj~cted area and report the condition to the Contractor in writing. When the
material or substance has been rendered harmless, the Subcontractor' s work in the
affected area shall resume upon written agreement of the Contractor and the
Subcontractor. The Subcontract time shall be extended appropriately and the
Subcontract sum shall be increased in the amount of the Subcontractor' s reasonable
additional costs of demobilization, delay and remobilization, which adjustments shall be
accomplished as provided in Article 5 of this Agreement. Subcontractor shall not bring
such materials to the site without written approval of the Contractor, Architect, and
Owner.
4.3.4 To the fullest extent permitted by law, the Contractor shall indemnify and hold
harmless the Subcontractor, the Subcontractor' s Sub-subcontractors, and agents and
employees of any of them from and against claims, damages, losses and expenses,
including, but not limited to, attorney's fees, arising out of or resulting from performance
of the Work in the af~cted area if in fact the material or substance presents the risk of
bodily injury or death as descn3ed in Subparagraph 4.3.3. and has not been rendered
harmless, provided that such claim, damage, loss or expense is attributable to bodily
injury, sickness, disease or provided that such damage, loss or expense is not due to the
sole negligence ora party seeking indemnity. Such indemnity is limited to an amount, if
any, the Contractor recovers from the Owner or other Subcontractors or suppliers.
4.4 CLEANING UP
4.4.1 The Subcontractor shall keep the premises and surrounding area free from
accumulation of waste materials or rubbish caused by operations performed under this
Subcontract on a daily basis. The Subcontractor shall not be held respons~lde for unclean
conditions caused by other contractors or subcontractors.
4.4.2 As provided under Subparagraph 3.32, if the Subcontractor fails to clean up as
provided in the Subcontracts Documents, in the sole opinion of the Contractor, the
Contractor may charge the Subcontractor for the Subcontractor' s appropriate share of
cleanup costs.
4.5 WARRANTY
4.5.1 The Subcontractor warrants to the 0zoner, Architect, and Contractor that
materials and equipment furnished under this Subcontract will be of good quality and
new unless otherwise required or permitted by the Subcontract Documents, that the work
of this Subcontract will be free from defects not inherent jn the quality required or
permitted, and that the work will conform to the requirements of the Subcontract
Documents. Work not conforming to these requirements, including substitutions not
properly approved and autharized, maybe considered defective. The Subcontractor' s
warranty excludes remedy for damage or defect caused by abuse, modifications not
executed by the Subcontractor; improper or insufficient maintenance, improper
operation, or normal wear and tear under normal usage. This warranty shall be in
addition to and not in limitation of any other zoarranty or remedy required by the
Subcontract Documents.
4.6 INDEMNIFICATION
4.6.1 To the fullest extent permitted by law, the Subcontractor shall indemnify and hold
harmless the Owner, Contractor, Architect, Architect's consultants, and agents, and
employees of any of them from and against claims, damages, losses, and expenses,
including, but not limited to attorney's fees, arising out of or resulting from performance
of the Subcontractor' s zoork under this Subcontract, provided that any such claim,
damage, loss or eXPense is attributable to bodily injury, sickness, disease or death, or to
injury to or destruction of tanggale property (other than the work itsel, t), but only to the
extent caused by the negligent acts or omissions of the Subcontractor, the
Subcontractor' s Sub-subcontractors, anyone directly or indirectly employed by them or
anyone firr whose acts they may be liable, regardless of whether or not such claim,
damage, loss or eXPense is caused by them or anyone for whose acts they may be liable,
regardless of whether or not such claim, damage, loss or expense is caused in part by a
party indemnified hereunder. Such obligation shall not be construed to negate, abridge,
or otherudse reduce other rights or obligations of indemnity, which would otherwise exist
as to a party or person descrt~bed in this Paragraph 4.6
4.6.2 In claims against any person or entity indemnified under this Paragraph 4.6 by an
employee of the Subcontractor, the Subcontractor' s Sub-subcontractors, anyone directly
or indirectly employed by them or anyone for whose acts they may be liable, the
indemnification obligation under Subparagraph 4.6.1 shall not be limited by a limitation
on the amount or type of damages, compensation or benefits payable by or for the
Subcontractor or the Subcontractor' s Sub-subcontractors under Workers' Compensation
Acts, Disability Benefit Acts, or other employee benefit acts.
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4.6.3 In the event that a party is requested, but refuses to honor the indemnity
obligations hereunder, then the party indemnifying shall, in addition to ail other
obligations, and upon adjudication of the party's liability for indemnification, pay the
cost of bringing such action including, but not limited to, reasonable attorneys'fees, costs
and expert fees to the party requesting indemnity. This provision shall survive
termination of this Agreement.
4.7 REMEDIES FOR NONPAYMENT
4. Z1 If the Contractor does not pay the Subcontractor through no foult of the
Subcontractor, within seven days from the time payment should be mode as provided in
this Agreement, the Subcontractor may, without prejudice to any other available
remedies, upon seven additional drays' written notice to the Contractor, stop the work of
this Subcontract until payment of the amount owning has been received.
Notwithstanding anything to the contrary, the receipt of payment by the Contractor from
the Owner shall be a'condition precedent for payment to the Subcontractor by the
Contractor unless the Owner's failure to have made timely payment shall have been
caused exclusively by the Contractor.
ARTICLE 5 - CHANGES 12ff THE WORK
'i
5.1 The Owner ramd make changes in the work by issuing Modifications to the Prime
Contract. Upon receipt of such a Modification issued subsequent to the execution of the
Subcontract Agreement, the Contractor shall promptly notify the Subcontractor of the
Modification. Unless otherwise directed by the Contractor, the Subcontractor shall not
thereafter order moterials or perform work which would be inconsistent with the changes
made by the Modifications to the Prime Contract.
5.2 The Subcontractor may be ordered in writing by the Contractor, without
invalidating this Subcontract, to make changes in the work within the general scope of
this Subcontract consisting of arlditions, deletions, or other revisions, including those
required by Modifications to the Prime Contract issued subsequent to the execution of
this Agreement, the Subcontract sum and the Subcontract time being adjusted
accordingly. The Subcontractor, prior to the commencement of such changed or revised
work shall submit promptly to the Contractor written copies ora claim for adjustment to
the Subcontract sum and Subcontract time for such revised work in a monner consistent
with requirements of the Subcontract Documents. The Subcontractor shall proceed with
the changed work as directed by the Contractor while such claim fvr adjustment is being
determined.
5.3 The Subcontractor shall moke all claims promptly to the Contractor for_,_dditional
cost, extensions of time, and damoges for delays or other causes in accordance with the
Subcontract Documents. A claim which will affect or become part ora claim which the
Contractor is required to make under the Prime Contract within a specified time period
or in a specified manner shall be mode in sufficient time to permit the Contractor to
satisfy the requirements of the Prime Contract. Such claims shall be received by the
Contractor not less than two working days preceding the time by which the Contractor's
claim must be made. Failure of the Subcontractor to moke such a timely claim shall bind
8
the Subcontractor to the same consequences as those to which the Contractor is bound.
Receipt of payment from the Owner by the Contractor for extra work, damages or any
other claims shall be a condition precedent to the right of the Subcontractor to receive
payment from the Contractor for such costs, damages or claims.
ARTICLE 6 - MEDIATION A. ND ARBITRATION
6.1 MEDIATION
6.1.1 Any claim arising out of or related to this Subcontract except claims as otherwise
provided in Subparagraph 4.1.5 and except those waived in this Subcontract, shall be
subject to mediation as a condition precedent to arbitration or the institution of legal or
equitable proceedings by either party.
6.1.2 The parties shall endeavor to resolve their claims by mediation which, unless the
parties mutually agree otherwise, shall be in accordance with the Construction Industry
Mediation Rules of the American Arbitration Association currently in effect. Request for
mediation shall be filed in writing with the other party to this Subcontract and the
American Arbitration Association, Philadelphia office. The request may be made
concurrently with the filing ofa demand for arbitration but, in such event, mediation
shall proceed in advance of arbitration or legal or equitable proceedings, which shall be
stayed pending mediation for a pe od of 60 days from the date of filing, unless stayed for
a longer period by agreement of the parties or courtorder.
6~1.3 The parties shall share the mediator's,fee and any filing foes equally. The mediation
shall be held in Harrisburg, Pennsylvania. Agreements reached in mediation shall he
enforceable as settlement agreements in any court having jurisdiction thereof.
6.2 ARBITRATION
6.2.1 Any claim arising out of or related to this Subcontract, except claims as otherwise
provided in Subparagraph 4.1.5 and except those waived in this Subcontract, shall be
subject to arbitration. Prior to arbitration, the parties shall endeavor to resolve disputes
by mediation in accordance with the provisions of Paragraph 6.1.
6.2.2. Claims not resolved by mediation shall be decided by arbitration which, unless the
parties mutually agree otherwise, shall be in accordance with the Construction Industry
Arbitration Rules of the American Arbitration Association currently in effoct. Demand
for arbitration shall be filed in writing with the other party to this Subcontract and with
the American Arbitration Association, Philadelphia office.
6.2.3 A demand for arbitration shall he made within the time limits specified in the
conditions of the Prime Contract as applicable, and in other cases within a reasonable
time after the claim has arisen, and in no event shall it be made after the date when
institution of legal or equitable proceedings based on such claim would be barred by the
applicable statute of limitations.
6.2.4 Limitation on Consolidation or Joinder - except by written consent of the person or
entity sough to be joined, no arbitration arising out of or relating to the Subcontract shall
include, by consolidation or joinder or in any other manner, any person or entity not a
9
party to the Subcontract under which such arbitration arises, unless it is shown at the
time the demand for arbitration is filed that (1) such person or entity is substantially
involved in a common question of fact or law, (2) the presence of such person or entity is
required if complete relief is to be accorded in the arbitration, (3) the interest or
responsibility of such person or entity in the matter is not insubstantial, and (4) such
person or entity is not the Architect, the Architect's employee, the Architect's consultant
or an employee or agent of any of them. This agreement to arbitrate and any other
written agreement to arbitrate with an additional person or persons reJ~rred to herein
shall be specifically enforceable under applicable law in any court having jurisdiction
thereof..
6.2.5 Claims and Timely Assertion of Claims - the para/filing a notice of demand for
arbitration must assert in the demand all claims then known to that party on which
arbitration is permitted to be demanded. Any arbitration hearing shall be held in
Harrisburg, Pennsylvania.
6.2.6 Judgraent on Final Award - the award rendered by the arbitrator or arbitrators
shall be final, and judgraent may be entered upon it in accordance with the Pennsylvania
Statutory Arbitration Law; 42 Pa. C.S.A., Section 7301, Chapter A.
ARTICLE 7- TERMINATION, SUSPENSION OR ASSIGNMENT OF THE
SUBCONIF, ACT
Z1 TERMINATION BY THE SUBCONTRACTOR
Z1.1 The Subcontractor may terminate the Subcontract for the ~ame reasons and under
the same circumstances and procedures with respect to the Contractor as the. Contractor
may terminate wittt respect to the Owner under the Prime Contract, or for nonpayment
of amounts due under this Subcontract for 60 days or longer. In the event of such
termination by the Subcontractor for any reason which is not the fault of the
Subcontractor, Sub-subcontractor, or their agents or employees or other persons
performing portions of the work under contract with the Subcontractor, the
Subcontractor shall be entitled to recover from the Contractor payment for work
executed.
Z2 TERMINATION BY THE CONTRACTOR
Z2.1 If the Subcontractorpersistently or repeatedly fails or neglects to Carry out the
work in accordance with the Subcontract Documents or otherwise to perfo,'a~ in
accordance with this Subcontract and fails within seven days after receipt of written
notice to commence and continue correction of such default or neglect with diligence and
promptness, the Contractor may, without prejudice to any other remedy the Contractor
may have, terminate the Subcontract and finish the Subcontractor' s work by whatever
method the Contractor may deem expedient. If such expense and damages exceed such
unpaid balance, the Subcontractor shall pay the difference to the Contractor. In ~ddition
to the foregoing, the Contractor may terminate the Subcontract for the same reasons and
circumstances, and in accordance with the same procedures, as the Owner may terminate
the Prime Contact as provided in the General Conditions of the Prime Contract or
elsewhere.
10
7.2.2 If the Owner terminates the Contract for the Owner's convenience, the Contractor
shall deliver written notice to the Subcontractor.
Z2.3 Upon receipt of written notice of termination, the Subcontractor shall:
I. Cease operations as directed by the Contractor in the notice;
2. take actions necessary, or that the Contractor may direct, for the protection
and preservation of the work; and
3. except for work directed to be performed prior to the efJective date of
termination stated in the notice, terminate all existing Sub-subcontracts and
purchase orders and enter into no further Sub-subcontracts and purchase orders.
Z2.4 In case of such termination for the Otvner's convenience, the Subcontractor shall
be entitled to receive payment for work executed, and costs incurred by reason of such
termination, if Contractor is entitled to such payment. Receipt of payment by the Owner
to the Contractor for such termination of the Subcontract shall be a condition precedent
to the right of the Subcontractor to payment for termination.
Z3 SUSPENSION BY THE CONTRACTOR FOR CONVENIENCE
Z3.1 The Contractor may, without cause, order the Subcontractor in writing to suspend,
delay or interrupt the work of this Subcontract in whole or in part for such period of time
as the Contractor may determine. In the event of suspension ordered by the Contractor,
the Subcontractor may be entitled to an equitable adjustment of the Subcontract time and
Subcontract sum, if Contractor has received payment by the Owner for such suspension.
Z3.2 An adjustment shall, be made for increases in the Subcontract time and
Subcontract sum, including profit on the increased cost of performance, caused by
suspension, delay, or interruption. No adjustment shall be made to the extent:
1. That performance is, was or would have been so suspended, delayed or
interrupted by another cause fvr which the Subcontractor is responsible;
2. that an equitable adjustment is made or denied under another provision of this
Subcontract.
Z4 ASSIGNMENT OF THE SUBCONTRACT
Z4.1 In the event of termination of the Prime Contract by the Owner, the Contractor
may assign this Subcontract to the Owner, with the Owner's agreement, subject to the
provisions of the Prime Contract and to the prior rights of the surety, if any, obligated
under bonds relating to the Prime Contract. In such event, the Owner shall assume the
Contractor's rights and obligations under the Subcontract Documents. If the work of the
Prime Contract has been suspended for more than 30 days, the Subcontractor' s
compensation may be equitably adjusted.
Z4.2 The Subcontractor shall not assign the work of this Subcontract without the
written consent of the Contractor, nor subcontract the whole of this Subcontract without
the written consent of the Contractor, nor.further subcontract portions of this
Subcontract without written notice to the Contractor when such notification is requested
by the Contractor.
ARTICLE 8 - THE WORK OF THE SUBCONTRACT
11
8.1 The Subcontractor shall execute the following portion of the work descr~l~ed in the
Subcontract Documents, including all labor, materials, equipment, services and other
items required to complete such portion of the work, except to the extent specifically
indicated in the Subcontract Documents to be the responsibility of others.
ARTICLE 9 - DATE OF COMMENCEMENT AND SUBTANTIAL COMPLETION
9.1 The Subcontractor' s date of commencement is the date from which the Contract time
of Paragraph 9.3 is measured; it shall be the date of this Agreement, as first written
above, unless a different date is stated below or provision is made for the date to be fixed
in a Notice to Proceed issued by the Contractor.
9.2 Unless the date of commencement is established by a Notice to Proceed issued by the
Contractor, or the Contractor has commenced vis~l~le work at the site under the Prime
Contract, the Subcontractor shall notify the Contractor in writing not less than five (5)
days before commencing the Subcontractor' s work to permit the timely filing of
mortgages, mechanic's liens and other security interests. .
9.3 The Work of This SUbcontract shall be substantially completed not later than August
Ist, 2002, subject to adjustments of this Subcontract Time as provided in the Subcontract
Documents.
9.4 With respect to the obligations of both the Contractor and the Subcontractor, time is
of the essence of this Subcontract.
9.5 No extension of time will be valid without the Contractor's written consent after
claim made by the Subcontractor in accordance with Paragraph 5.3.
ARTICLE 10 -SUBCONI ~4CT Slim
10.1 The Contractor shall pay the Subcontractor in current funds for p~nce of the
Subcontract the Subcontract Sum of Thirty Three Thousand Eight Hundred Dollars
($33,800.00), subject to additions and deductions as provided in the Subcontract
· Documents.
10.2 The Subcontract Sum is based upon the following alternates, if any,. which are
descr~d in the Subcontract Documents and have been accepted by the Owner and the
Contractor.
A.2
A.7
A.8
A.11
A.14
10.3 Unit prices, if any, are as fvllows: N~/A
ARTICLES 11 - PROGRESS PAYMENTS
11.1 Based upon applications for payment submitted to the Contractor by the
Subcontractor, corresponding to applications for payment submitted by the Contractor to
the Architect, and certificates for payment issued by the Architect, the Contractor shall
make progress payments on account of the Subcontract sum to the Subcontractor as
provided below and elsewhere in the Subcontract Documents. Unless the Contractor
provides the Owner with a payment bond in the full penal sum of the Contract Sum,
payments received by the Contractor and Subcontractor for work properly performed by
their contractors and suppliers shall be held by the Contractor and Subcontractor for
those contractors or suppliers who performed work or furnished materials, or both, under
contract with the Contractor or Subcontractor for which payment was made to the
Contractor by the Owner Or to the Subcontractor by the Contractor, as applicable.
Nothing contained herein shall require money to be placed in a separate account and not
commingled with money of the Contractor or Subcontractor, shall create any fiduciary
liability or tort liability on the part of the Contractor or Subcontractor for breach of trust
or shall entitle any person or entity to an award ofpunitive damages against the
Contractor or Subcontractor for breach of the requirements of this provision. Acceptance
of periodic progress payments by the Subcontractor shall constitute a waiver of any and
all claims by the Subcontractor against the Contractor or the Owner or any payment
bond unless such claims are expressly reserved on the face of the Application for
Payment. Upon request, Subcontractor shall furnish aJ]idavits and release of claims and
lien waivers in a form acceptable to Contractor.
11.2 The ptHod covered by each application for payment shall be one calendar month
ending on the last day of the month, or as follows: Payment shall be made within seven
(7) days after receipt ofpayment from the Owner by the Contractor. Subcontractor shall
submit its application for payment monthly or pursuant to a schedule established by
Contractor. Receipt of payment by Contractor from Owner shall be a condition
precedent to the right of Subcontractor to receiOe payment unless failure to have received
payment shall be solely caused by,fault of Contractor.
11:3 [fan application for payment is received by the Contractor after the application date
fixed above, the Subcontractor' s work covered by it shall be included by the Contractor in
the next Application for Payment submitted to the Architect.
11.4 Each application for payment shall be based upon the most recent schedule of values
submitted by the Subcontractor in accordance with the Subcontract Documents. The
schedule of values shall allocate the entire Subcontract sum among the various portions
of the Subcontractor' s work and be prepared in such form and supported by such data to
substantiate its accuracy as the Contractor may required. This schedule, unless objected
to by the Contractor, shall be used as a basis for reviewing the Subcontractor' s
Application for Pmdment.
11.5 Applications for payment submitted by the Subcontractor shall indicate the
percentage of compleffon of each portion of the Subcontractor' s work as of the end of the
period covered by the Application for Payment.
11.6 Subject to the provisions of the Subcontract Documents, the amount of each
progress payment shall be computed as follows: Payment within seven (7) days of
payment by the owner.
11.6.1 Take that portion of the Subcontract sum properly allocable to completed work as
determined by multiplying the percentage completion of each portion of the
Subcontractor' s work by the share of the total Subcontract sum allocated to that portion
of the Subcontractor' s work in the schedule of values, less ten percent (10%) retainage.
Pending final determination of cast to the Contractor of changes in the work which have
been properly authorized by the Contractor, amounts not in dispute shall be included to
the same extent provided in the Prime Contract, even though the Subcontract sum has
not yet been adjusted.
11.6.2 Add that portion of the Subcontract sum properly allocable to materials and
equipment delivered and suitably stored at the suite by the Subcontractor.for subsequent
incorporation in the Subcontractor' s work or, if approved by the Contractor, suitably
stored off the site at a location agreed upon in writing, less the same percentage retainage
required by the Prime Contract to be applied to such materials and equipment in the
Contractor's application for payment;
Subtract the aggregate of previous payments made by the Contractor; and
11.6.4 Subtract amounts, if any, calculated under Subparagraph 11.7.1 or 11.7.2, which
are related to work of the Subcontractor for which the Architect has withheld or nullified,
in whole or in part, a certificate of payment for a cause which is the.fault of the
Subcontractor.
11.6.5 The Contractor may withhold payment from the Subcontractor, in whole or in
part, for any failure of the Subcontractor to perform per the terms and conditions of the
Subcontract Documents or for the reasons and circumstances by which the Owner may
withhold payment from the Contractor, regardless of whethor or not the Owner actually
has withheld poyment from the Contractor.
11.7 Upon the partial or entire disapproval by the Contractor of the Subcontractor' s
application for payment, the Contractor shall provide written notice to the Subcontractor.
When the basis for the disapproval has been remedied, the Subcontractor shall be paid the
amounts withheld.
11.8 SUBSTANTIAL COMPLETION
11.8.1 When the Subcontractor' s work or a designated portion thereof is substantially
complete and in accordance with the requirements of the Prime Contract, the Contractor
shall, upon application by the Subcontractor, make prompt alrplication for payment for
such work. Within 30 days following issuance by the Architect of the certificate fvr
payment covering such substantially completed work, tho Contractor shall, to the full
extent allowed in the Prime Contract, make payment to the Subcontractor, deducting any
portion of the funds for the Subcontractor" work withheld in accordance with the
certificate to cover costs ofitems to be completed or corrected by the Subcontractor. Such
14
payment to the Subcontractor shall be the entire unpaid balance of the Subcontract sum if
a full release ofretainage is allowed under the Prime Contract for the Subcontractor's
work prior to the completion of the entire project. If the Prime Contract does not allow
for a full release of retainage, then such payment shall be an amount which, when added
to previous payments to the Subcontractor, will reduce the retainage on the
Subcontractor' s substantially completed work to the same percentage of retainage as that
on the Contractor's work covered by the certificate. Payment to the Contractor by the
Owner shall be a condition precedent to the right of the Subcontractor to receive
payment. Payment to the Subcontractor shall no constitute acceptance of work.
ARTICLE 12--FINAL PAYMENT
12.1 Final payment, constituting the entire unpaid balance of the Subcontract sum, shall
be made by the Contractor to the Subcontractor when the Subcontractor' s work is fully
performed in accordance with the requirements of the Subcontract Documents, the
Architect has issued a certificate for payment covering the Subcontractor' s completed
work, and the Contractor has received payment from the Owner. Payment to the
Contractor by the Owner shall be a condition precedent to the right of the Subcontractor
to receive final payment unless fmlure of Contractor to receive payment is solely the fault
of the Contractor. Final payment shall be made ten (10) days after receipt of same by the
Contractor from the Owner.
~2.2 Before issuance of the final payment, the Subcontractor, if required, shall submit
evidence satisfactory to the Contractor that all payrolls, bills for materials and
equipment, and all known indebtedness connected with the Subcontractor' s work have
been satisfied. 'Acceptance of final payment by Subcontractor shall constitute a waiver of
any and all claims against the Contractor, Owner, or Surety. Subcontractor shall pursue
a general release and final lien waiver in a form acceptable to Contractor.
ARTIECLE 13 - INSURANCE AND BONDS
13.1 'The Subcontractor shall purchase and maintain insurance of the following types of
coverage and limits of liability coverages in the forms and limits as set forth in the
Owner-Contractor Agreement or such limits as set forth below, whichever is greater:
Commercial General Liability, including coverage for Premise-Operations, Independent
Contractors' Protective, Products-Completed Operations, Contractual Liability, Personal
Injury, and Broad Form Property Damage (including coverage for Explosion, Collapse,
and Underground Hazards):
$1,000,000 Each Occurrence
$2,000,000 General Aggregate
$1,000,000 Personal and Advertising Injury
$2,000,000 Products-Completed Operations Aggregate
$ 100,000 Fire Damage
The policy shall be endorsed to have the General Aggregate apply to this project only.
Products and Completed Operations insurance shall be maintained for a minimum period
of at least two (2) years after either ninety (90) days following substantial completion or
final payment, whichever is earlier.
Automobile Liability (owned, non-owned and hired vehicles) for bodily injury and
property damage:
$1,000,000 Each Accident
Other Coverage:
Excess Liability Other than Umbrella for Each Occurrence - $2,000,000
Aggregate- $5,000,000
Contractor shall be named an additional insured and provided with certificates of
insurance prior to the commencement of Subcontractor's work.
~3.2 Coverages, written on an occurrence basis, shall be maintained without
interruption from date of commencement of the Subcontractor' s work until date of final
payment or date coverage is required to be maintained aJ~r final payment to the
Subcontractor, whichever is later.
13~3 Certificates of insurance acceptable to the Contractor shall be filed with the
Contractor prior to commencement of the Subcontractor' s work. These certificates and
the insurance policies required by this Article 13 shall contain a provision that coverages
affvrded under the policies will not be canceled or allowed to expire untzl at least 30 days'
prior written notice has been given to the Contractor. If any of the foregoing insurance
coverages are required to remain in force after final payment and are reasonably avmlable,
an additional certificate evidencing continuation of such coverage shall be submitted with
the final application or payment as required in Article 12. If any information concerning
reduction of coverage is not furnished by the insurer, it shall he furnished by the
Subcontractor with reasonable promptness according to the Subcontractor' s information
and belief.
13.4 The Contractor shallfurnish to the Subcontract satisfactory evidence of insurance
required of the Contractor under the Prime Contract.
13.5 The Contractor shall prOmptly, upon request of the Subcontractor, furnish a copy or
permit a copy to be made of any bond covering payment of obligations arising under the
Subcontract.
13.6 Performance Bond and Payment Bond:
13.7 PROPERTY INSURANCE
13. Z1 Subcontractor shall provide property and equipment insurance for the full value
of the Subcontractor' s work, including property and equipment insurance coverage for all
materials and equipment stored off-site or & transit whether or not such work is covered
under the project property insurance, unless the Contractor issues a specific written
waiver of the requir~nents that the Subcontractor provide property and equipment
insurance for the,~ull value of the Subcontractor' s work.
16
13.8 WAIVERS OF SUBROGATION
13.8.1 The Contractor and Subcontractor waive all rights against (1) each other and any
of their subcontractors, sub-subcontractors, agents and employees, each of the other, and
(2) the Owner, the Architect, the Architect's consultants, separate contractors, and any
of their subcontractors, sub-subcontractors, agents and employees for damages caused by
fire or other causes of loss to the extent covered by property insurance provided under the
Prime Contract or other property insurance applicable to the work, except such rights as
they may have to proceeds of such insurance held by the Owner as a fiduciary. The
Subcontractor shall require of the Subcontractor' s Sub-subcontractors, agents, and
employees, by appropriate agreements, written where legally required for validity, similar
waivers in favor of the parties enumerated herein. The policies shall provide such waivers
of subrogation by endorsement or othenoise. A waiver of subrogation shall be effective as
to a person_or entity even though that person or entity would otherwise have a duty of
indemnification, contractual or otherwise, did not pay the insurance premium directly or
indirectly, and whether or not the person or entity had an insurable interest in the
property damaged.
AR21~CLE 14- TEMPORARY FACILITIES AND WORKING CONDITIONS
14.1 The Contractor shall furnish and make available to the Subcontractor the following
temporary facilities, equipment and services; these shall be furnished at no cost to the
Subcontractor unless otherwise indicated below:
14.1.1 The Subcontractor is respons~ble for verifying the dimensions and elevations at
the site by field measurements prior to ordering materials or in any way commencing to
perform work The Subcontractor shall be solely responsible for monitoring the progress
of the project and for coordinating and performing all field measurements in a timely
manner sufftcient to support the Project Schedule
14.2 Specific working conditions:
No smoking policy
ID badges must be worn
Project is phased - multiple trips required
Act 34 Forms must be provided to obtain ID badges
14.2.1 All work shall be performed in accordance with Subcontractor' s safety program
and Contractor's Safety Program (a copy of which will be posted at the job site).
14.2.2 This Agreement contains an Equal Opportunity Provision by which
Subcontractor agrees not to discriminate against any employee or applicant for
employment by reasons of race, color, religion, sex, or national origin.
14.2.3 Subcontractor shall supply all MSDS information for materials utilized in its
work to the Contractor's Superintendent. Prior to coming on site MSDS information
must be on file.
14.2.4 For prevailing wage projects, certified payroll submissions are required.
I7
14.2.5 For school projects, Act 34 clearances are required.
14.2.6 A bond is not required.
14.2.7 Subcontractor shall be subject to liquidated damages of One Thousand
Dollars ($1,000.00) per calendar day for submittals delayed past forty-five (45) days
from the notice to proceed and One Thousand ($1,000.00) per calendar day of delay past
completion date for each phase as identified by the contract documents.
ARTICLE 15 - MiISCELLANEOUS PROVISIONS
15.1 Where reference is made in this Subcontract to a provision of another Subcontract
Document, the reference refers to the provision as amended or supplemented by other
provisions of the Subcontract Documents.
15.2 Payments due and unpaid under this Subcontract shall bear interest from the date
payment is due at such rate as the parties may agree upon in writing or, in the absence
thereof, at the legal rate prevailing from time to time at the place where the project is
located. Receipt of payment of interest from the Owner is a condition precedent to the
payment of interest to the Subcontractor.
15.3 Retainage and any reduction thereto is as follows: Ten Percent (10%)
15.4 This Agreement is governed by the laws of the Commonwealth of Pennsylvania
without application of its choice of law provisions.
15.5 If any Subcontractor, laborer or material ~upplier of the Subcontractor or any other
person directly or indirectly acting for or through it files a Mechanics' Lien or claim
against the project, the property, or any improvements thereon or against any monies due
or to become due from the Owner to the Contractor or from the Contractor to the
Subcontractor, for or on account of any work, labor, services, materials, or equipment or
other terms furnished in connection with the work or any change order, the
Subcontractor agrees to satisfy, remove, or discharge such lien or claims at its own
expense by bond, payment or otherwise within ten (10) days of the date of the filing
thereof. If Subcontractor shall fail to do so, the Contractor shall have the right, in
~dd!tion to all other rights and remedies provided in the Contract Documents or by law,
to satisfy, remove or discharge such liens or claims by whatever means the Contractor
chooses at the entire expense of the Subcontractor, including legol fees and expenses.
ARTICLE 16 - ENUMERATION OF SUBCONTRACT DOCUMENTS
16.1 The Subcontract documents, except for Modifications issued after execution of this
Subcontract, are enumerated as follows:
18
16.1.1 This executed Standard Form of Agreement Between Contractor and
Subcontractor;
16.1.2 The Prime Contract, consisting of the Agreement between the Owner and the
Contractor dated as first entered above and the other Contract Documents enumerated in
the Ottmer-Contractor Agreement;
16.1.3 The following Modifications to the Prime Contract, if any, issued subsequent to
the execution of tbe Oxoner-Contractor Agreement but prior to the execution of this
Agreement:
Modification 1
Modification 2
Modification 3
Modification 4
Modification 5
Date 25 August 2000
Date 28 August 2000
Date I September 2000
Date 6 September 2000
Date 8 September 2000
16.1.4 Other Documents, if any, forming part oft be Subcontract Documents are as
folZo~s:
Specifications 10672, 12326
Drawings - A9.13
Phased schedule
This Agreement entered into as of the day and year first written above.
Kamand Construction, Inc.
Reed Associates, Inc.
Michael P. Kadilak, President
(Printed name and title)
(Printed name and title)
EXHIBIT "B"
'-- REED At~t:iUf,..;IAll=~:~, INLY.
173 MAIN STRE~ HARLEYSVILLE, PENNSYLVANIA 19~8
215 256-9572
FAX 215 256-0443
Invoice Number:
Period To:
Contract Date:
CUSTOMER ORDER NO.
Reed Job Number:
0OO0166382
October 31, 2002
November 21 2000
2S87
Customer
KAMAND CONSTRUCTION, INC.
203 LYNNDALE COURT
MECHANICSBURG, PA 17050-
Project Name and Address
EAST PENNSBORO SENIOR HIGH SCHOOL
F_.A~T PENNSBORO HIGH SCHOOL ADD AND ALT
425 SHADY LANE
ENOLA PA 17025-
DATE TERMS
Nov OS 2~02
DELIVERY
QUANTITY
IPREPAID { PREPAID & ADD
DESCRIPTION
Original Contract Price
Total Change Orders
F~evised Contract Amount
Completed and Stored to Date
Total Retainage Held to Date
Total Earned Less Retainage
Less previous Requests for Payment
(Line 6 From Prior Applica~ons)
Current Amount Due
SHIP VIA
31.'t44.50
3,460.50
pAL.~SMAN
EEDY J
UNIT PRICE TOTAL
Balance To Finish, Plus Retainage 0.50
VERIFICATION
I, Alan Reed, hereby declare that I am an officer of Reed Associates, Inc. and that
as such I am authorized to verify the foregoing document on behalf of Reed Associates, Inc. I
hereby declare the facts set forth in the ~'oregoing Complaint are true and correct to the best of my
knowledge, information and belief.
I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A.
§4904 relating to unsworn falsification to authorities.
DAVIS, BUCCO & ARDIZZI
By: Robert D. Ardizzi, Esquire
Attorney I.D. No. 65683
10 East 6th Avenue, Suite 100
Conshohocken, PA 19428 Attorneys for Plaintiff
(610) 238-0880 Reed Associates, Inc.
1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
REED ASSOCIATES, 1NC.
173 Main Street
Harleysville, PA 19438
No. 03-6505
Plaintiff,
FIDELITY & DEPOSIT COMPANY
OF MARYLAND
3910 Keswick Road, 5th Floor
Baltimore, MD 21211
Defendant.
PRAECI]?E TO SETTLE~ DISCONTINUE AND END
TO THE PROTHONOTARy:
Kindly mark this matter settled, discontinued and ended.
DAVIS, BUCCO & ARDIZZI
Date: January 28, 2004
BY:
ROBERT D;~LDIZ~I, ESQUIRE