HomeMy WebLinkAbout04-0451
.
MASON-NORTON COMPANY, INC.,
Plaintiff
vs,
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 04 - .4fSI C!.1.l.Ji.C-r~
: CIVIL ACTION-LAW
ZURICH NORTH AMERICA,
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 have been served, To
defend against the aforementioned claims, a written appearance stating your defenses and objections must
be entered and filed in writing by you, the defendant, or by an attorney, You are warned that if you fail to
take action against these claims, the court may proceed without you and a judgement for any money
claimed in the complaint or for any other claim required by the plaintiff may be entered against you by the
court without further notice. You may lose money, 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
NOTICIA
Le han demandado a usted en la corte, Si usted quiere defenderse de estas damandas expuastas
en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la
notificacion, Usted de be presentar una apariencia escrita 0 en persona 0 por abogado y archivar en la corte
en forma escrita sus defensas 0 sus objeciones alas demandas en contra de su persona, Sea avisado que
si usted no se defiende, ia corte tomara medidas y puede entrar una orden contra usted sin previo aviso 0
notificacion y por cualquier queja 0 alivio que es pedido en la peticion de demanda, Usted puede perder
dinero 0 sus propiedades 0 otros derechos importantes para usted,
LLEVE ESTA DEMANDAA UN ABODAGO IMMEDIATAMENTE. SI NO TIENNE
ABOGAD 0 SI NO TIENE EL D1NERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA
EN PERSONA 0 LLAME POR TELEFONE A LA OFICINA CUYA DIRECCION SE
ENCUENTRA ESCRIDA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR
ASSISTENCIA LEGAL:
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA. 17013.- (717) 249-3166 (800) 990-9108
vs.
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 04.1 - '" C'I (!i",~C-TEAnJ..
MASON-NORTON COMPANY, INC..
Plaintiff
ZURICH NORTH AMERICA,
Defendant
: CIVIL ACTION-LAW
COMPLAINT
1. The Plaintiff is Mason-Norton Company, Inc., a corporation organized and
existing nnder the laws of the Commonwealth of Pennsylvania with an address of 310
South Tenth Street, Lemoyne, Cumberland Connty, Pennsylvania 17043.
2. The Defendant is Zurich North America, an insurance company engaged in
the insurance business under the laws of the Commonwealth of Pennsylvania, which
includes the furnishing of surety bonds, having an address of 3910 Keswick Road,
Fifth Floor, Baltimore, Maryland 21211.
COUNT I
3. Paragraphs 1 and 2 are incorporated herein by reference as if fully set forth
at length,
4. On or about February 12, 2002, Plaintiff entered into a Contract with a
contractor known as Kamand Construction, Inc. (hereinafter "Kamand") for the
.
purchase and delivery of certain items, as more fully set forth and described on the
Contract and Quotations prepared by the parties, which are attached hereto as
Exhibit "A" and "B". Plaintiff believes and therefore avers that Kamand contracted
with the Cumberland Perry Area Vocational-Technical School, a contracting body
under the Public Works Contractor Bond Law of 1967, for the installation of the
aforesaid materials at said school in Mechanicsburg, Pennsylvania,
5. Under said Contract, Kamand agreed to furnish labor and materials for said
project.
6, Pursuant to the aforementioned Public Works Contractors Bond Law,
Plaintiff believes and therefore avers that Kamand and the Defendant, executed and
furnished to the Cumberland Perry Area Vocational-Technical School, a joint and
severable labor and payment bond for the protection of all persons supplying
materials in connection with the performance of the work performed under Kamand's
Contract with the owner.
7. The bond was accepted by the owner and work was undertaken by
Kamand.
8. Thereafter the Plaintiff supplied materials described in Exhibits "A" and
UB".
COUNT II
14. Paragraphs 1 and 2 are incorporated herein by reference as if fully set forth
at length.
15. On or about February 26, 2002, Plaintiff and Kamand entered into an
Agreement for the purchase and delivery of certain items as more fully set forth and
described on the Quotation prepared by the Plaintiff which is attached hereto as
Exhibit "C", which Quotation was confirmed by the Defendant via Purchase Order
No. 01096-P02, as noted thereon, attached hereto as Exhibit "D".
16. The Plaintiff believes and therefore avers that Kamand Construction, Inc.
contracted with the Cumberland Perry Area Vocational-Technical School, a
contracting body under the Public Works Contractors Bond Law of 1967, for the
installation of the aforesaid materials at said school in Mechanicsburg, Pennsylvania.
17. Under said Contract, Kamand agreed to furnish labor and materials for said
project.
18. Pursuant to the aforementioned Public Works Contractors Bond Law,
Kamand and the Defendant executed and furnished to the Cumberland Perry Area
Vocational-Technical School a joint and severable labor and material payment bond
for the protection of all persons supplying materials in connection with the
performance of the work provided for under Kamand's construction Contract,
19. The bond was accepted by the owner and the work was undertaken by
Kamand Construction, Inc.
20. Thereafter, the Plaintiff supplied materials described in Exhibits "C" and
liD",
21. The Plaintiff's prices were fair and reasonable market prices for the
materials provided.
22. All the materials that were ordered used and installed in and about the
construction were for the project referred to above.
23. More than 90 days and less than one year has elapsed since the Plaintiff
last supplied materials to said project.
24. Kamand has not paid the Plaintiff or anyone else for the full amount of
material supplied by the Plaintiff nor has anyone else paid the Plaintiff, whereby
there remains justly due and owing to the Plaintiff under Kamand' s Contract the sum
of $11,561.42, plus continuing interest at the rate of 12 percent per annum, and
attorney's fees all per the Contract.
25. The Plaintiff has complied with all conditions relating to and required
under the bond, as well as applicable Statutes, and the Plaintiff is entitled to bring
this action as this time to recover from the Defendant the sums justly due and owing.
WHEREFORE, the Plaintiff requests this Honorable Court to enter judgment in
favor of the Plaintiff and against the Defendant Zurich North America in the sum of
$11.561.42, plus continuing interest at the rate of 12 percent per annum, plus
reasonable necessary attorney's fees and costs of this proceeding.
COUNT III
26. Paragraphs 1 and 2 are incorporated herein by reference as if fully set forth
at length,
27. On or about March 19, 2003, Plaintiff and Kamand entered into an
Agreement for the purchase and delivery of certain items as more fully set forth and
described on the Quotation prepared by the Plaintiff which is attached hereto as
Exhibit "E", which Quotation was confirmed by Kamand as noted thereon.
28. The Plaintiff believes and therefore avers that the said Kamand contracted
with the Adams County Adult Correctional Facility, a contracting body under the
Public Works Contractors Bond Law of 1967, for the installation of the aforesaid
materials at its facility in Gettysburg, Pennsylvania.
29, Under said Contract, Kamand agreed to furnish labor and materials for said
project,
30. Pursuant to the aforementioned Public Works Contractors Bond Law,
Kamand and the Defendant executed and furnished to the Adams County Adult
Correctional Facility a joint and severable labor and material payment bond for the
protection of all persons supplying materials in connection with the performance of
the work provided for under Kamand's construction Contract.
31. The bond was accepted by the owner and the work was undertaken by
Kamand.
32. Thereafter, the Plaintiff supplied materials described in Exhibits "E". A
copy of the invoice is attached as Exhibit "F".
33, The Plaintiff's prices were fair and reasonable market prices for the
materials provided,
34. All the materials that were ordered used and installed in and about the
construction were for the project referred to above.
35. More than 90 days and less than one year has elapsed since the Plaintiff
last supplied materials to said project.
36. Kamand has not paid the Plaintiff or anyone else for the full amount of
material supplied by the Plaintiff nor has anyone else paid the Plaintiff, whereby
there remains justly due and owing to the Plaintiff under Kamand's Contract the sum
of $11,796.11, plus continuing interest at the rate of 12 percent per annum, and
attorney's fees all per the Contract,
37. The Plaintiff has complied with all conditions relating to and required
under the bond, as well as applicable Statutes, and the Plaintiff is entitled to bring
this action as this time to recover from the Defendant the sums justly due and owing.
WHEREFORE, the Plaintiff requests this Honorable Court to enter judgment in
favor of the Plaintiff and against the Defendant Zurich North America in the sum of
$11,796.11, plus continuing interest at the rate of 12 percent per annum, plus
reasonable necessary attorney's fees and costs of this proceeding.
COUNT IV
38. Paragraphs 1 and 2 are incorporated herein by reference as if fully set forth
at length.
39. On or about March 14, 2002, Plaintiff and Kamand entered into an
Agreement for the purchase and delivery of certain items as more fully set forth and
described on the Quotation prepared by the Plaintiff which is attached hereto as
Exhibit "G", which Quotation was confirmed by the Defendant via Purchase Order
No. ll-P01, as noted thereon, attached hereto as Exhibit "H",
40. The Plaintiff believes and therefore avers that the said Kamand contracted
with the Donegal School District, a contracting body under the Public Works
Contractors Bond Law of 1967, for the installation of the aforesaid materials at the
Donegal Spring Elementary School in Mount Joy, Pennsylvania.
41, Under said Contract, Kamand agreed to furnish labor and materials for said
project.
42. Pursuant to the aforementioned Public Works Contractors Bond Law,
Kamand and the Defendant executed and furnished to the Donegal School District a
joint and severable labor and material payment bond for the protection of all persons
supplying materials in connection with the performance of the work provided for
under Kamand's construction Contract.
43. The bond was accepted by the owner and the work was undertaken by
Kamand.
44. Thereafter, the Plaintiff supplied materials described in Exhibits "G" and
UH",
45. The Plaintiff's prices were fair and reasonable market prices for the
materials provided.
46. All the materials that were ordered used and installed in and about the
construction were for the project referred to above.
47. More than 90 days and less than one year has elapsed since the Plaintiff
last supplied materials to said project.
48. Kamand has not paid the Plaintiff or anyone else for the full amount of
material supplied by the Plaintiff nor has anyone else paid the Plaintiff, whereby
there remains justly due and owing to the Plaintiff under Kamand's Contract the sum
of $1,632.19, plus continuing interest at the rate of 12 percent per annum, and
attorney's fees all per the Contract.
49. The Plaintiff has complied with all conditions relating to and required
under the bond, as well as applicable Statutes, and the Plaintiff is entitled to bring
this action as this time to recover from the Defendant the sums justly due and owing.
WHEREFORE, the Plaintiff requests this Honorable Court to enter judgment in
favor of the Plaintiff and against the Defendant Zurich North America in the sum of
$1632.19, plus continuing interest at the rate of 12 percent per annum, plus
.,
, . RECEIVED OCT 2 2 2n02
~~KAMAND
~ CONSTRUCTION, INC.
J, Michael Rutherford
Vice President
Michael R Kodllok
President CEO
William J. Manna
Executive VIce President
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STANDARD FORM OF AGREEMENT BETWEEN
CONTRACTOR AND SUBCONTRACTOR
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AGREEMENT made this 12th day of February, 2002
BETWEEN the Contractor: Kamand Construction, Inc.
203 Lynndale Court
Mechanicsburg, PA 17050
(717) 691-9350, Phone
(717) 691-9790, Fox
And the Subcontractor: Mason-Norton Company, Inc.
310 South Tenth Street
Lemoyne,PA 17043
Michael Rudy, Contact
(717) 737-4558, Phone
(717) 737-8287, Fax
With the Owner: Cumberland Perry Area Vocational Technical School
11 0 Old Willow Mill Road
Mechanicsburg, PA 17050
Karen Yeselavage, Business Manager, Contact
Phone
Fox
For the following project: Additions & Alterations to the Cumberland Perry Area
Vocational Technical School
Contract No,: 01096-SCl8
The Architect for the Project is: McKissick Associates, PC
223 North Front Street
Harrisburg, PA 17101
Vern McKissick, Contact
(717) 238-6810, Phone
(717) 238-6830, Fax
PFCF'VFQ M~.iI'f1 INC
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FEa 2 7 2002
0, <:1''-1\''-'' "'~ICO INC
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OCT 2 5 2002
203 Lynndale Court, Mechanicsburg. Pennsylvania 17050
Phone (717) 691-9350 <- Fax (717) 691-9790
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Which Contract is hereinafter referred to as the Prime Con/rae/ and which provides for
the filrnishing of labor, materials, equipment, and services in connection with the
construction of the project, A copy of the Prime Contract, consisting of the Agreement
Between Owner and Contractor (from which compensation amounts may be deleted) and
the other Con/ract Documents enumerated therein has been made available to the
Subcontractor, The Contract Documents are available for review by the Subcontractor
at all reasonable times at the office of the Contractor,
The Contractor and the Subcontractor Agree as follows: To include all material, labor,
equipment, and supervision necessary to complete the following work in accordance with
the plans and specifications:
1, Specification section 10050 - Building Specialties (Display Case),
2, Specification section 10100- Chalkboards, Marker Boards and Tack Wall,
3. Specification section 11132 - Projection Screens,
4, Additional projection screens to cos/ $200,00 per each if required.
5, Clean-up of your work.
6, Clean-up, maintenance and repair, and security as required to complete your work in
a workmanlike and time(v manner.
7. No payments will be made until all submittals are received and approved, and
subcontracts fillly exeCllted.
ARTICLE 1 - THE SUBCONTRACT DOCUMENTS
i,l 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 en lire 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 Modifications issued subsequent to the execulion of this
Agreement, appears in Article 16,
1,2 Except to the extent ofa conflict with a specific term or condition contained in
the Subcontract Documents, the General Conditions governing /his Subcontract
shall be the edition of AlA Document A2Gi, General Conditions of the Contract
for Construction, current as of the date of this Agreement.
i.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 (i) between the Architect and the Subcontractor, (2)
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between the Owner and the Subcontractor, or (3) between any persons or entities
other than the Contractor and Subcontractor.
1.4 The Subcontractor shall befurnished copy 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 /he basis
of its own examination, investigation and evaluation of all such mat/ers and not in
reliance upon any opinions or representations of/he Contractor.
],6 All of the work shall be performed in accordance with the entire contract
drawings and specifications and any addenda and modifications thereto, Should
it appear that the work hereby intended to be done or materials to be jilrnished
are not sufficiently detailed or explained on the drawings or in the specifications,
the Subcontractor shall advise the Contractor immediately and request such
clarifications and shall conform to the same without extra compensation,
ARTICLE 2 - MUTIlAL RIGHT AND RESPONSIBILITIES
2.] 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 AlA
Document A2G] 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 responsibilities 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 /he 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 responsibilities that the Subcontractor assumes herein.
ARTICLE 3 - CONTRACTOR
3,] SERVICES PROVIDED BY THE CONTRACTOR
3,].1 The Contractor shall cooperate with the Subcontractor in scheduling and
performing the Contractor's work to avoid conflicts or interference in the
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Subcontractor's work and shall expedite written responses to submittals made by
the Subcontractor in accordance with Paragraph 4,/ 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 details as will enable the
Subcon/ractor to plan and peiform the Subcontractor's work properly. The
Subcontractor shall be notified prompily of subsequent changes in the
cons/ruction 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 /he work.
3,/.3 Expect as provided in Article 14, the Contractor's equipmen/ will be
available to the Subcontractor only at the Contractor's discretion and mutual~v
sa/isfactory terms.
3,2 COMMUNICATIONS
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. lfhazardous substances of a 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 indirecily 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 laws,
3,3 CLAIMS BY THE CONTRACTOR
The Subcontractor shall be responsible for liquidated damages to the extent
provided for in the Contract Documents for delays caused by or contributed to by
the Subcontractor or any person or entity for whose acts the Subcon/ractor may
be liable, including all or a portion of any liquidated damages assessed by the
Owner against the Contractor attributable in whole or in part to such
Subcontractor caused delays, Subcontractor shall further be responsible for
actual damages to the Contractor caused or contributed to by delay caused by the
Subcontractor or any person or entity for whom the Subcontractor is responsible.
In the event liquidated damages or actual damages or both are caused by the
Subcontractor and another entity, the Contractor shall have the right /0
reasonably apportion said damages between the parties, and such apportionment
shall be binding.
3.4 CONTRACTOR'S REMEDIES
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3. 4,1 If the Subcontractor defaults or neglects to carry out Ihe 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 may deduct the reasonable cost thereoffrom 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 peiforming Ihe
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 constmction schedule, to suspend, delay or
accelerate, in whole 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 performance, the completion date for 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,] The Subcontractor shall promptly submit eil!,ht (8) copies of Shop
Drawings, Product Data, Samples and similar 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 applyingfor 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
effect shall be final and binding on the Subcontractor if consistent with the intent
expressed in the Prime Contract.
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4.1.6 The Subcontractor shall pay for all materials, equipment, and labor used in
connection with the performance of this Subcontract through the period covered
by previous payments receivedfrom the Contractor, and shallfurnish 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 protect properly the
work of other subconlractors, 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 own forces,
42 LA W: 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 peiformance of the
work of this Subcontract, The Subcontractor shall secure and pay for permits and
governmental fees, licenses and inspections necessary for proper execution and
completion of the Subcontractor's work, the fitrnishing 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 peiformance of this Subcontract.
4.3 SAFETY PRECA UTIONS 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 Ifhazardous substances ofa 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 writtennolice of the chemical composition thereof to
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the Contractor in sufficient detail and time to permit compliance with such laws
by the Conlractor, olher 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 Ifreasonable precautions will be inadequale 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 affected area and report the condition to the
Contractor in writing. When Ihe 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
{he 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
resultingfrom performance of the Work in the affected area if in fact the material
or suhstance presents the risk of bodily injury or death as described in
Subparagraph 4,3,3, and has not been rendered harmless, provided that such
claim, damage, loss or expense is attributable 10 bodily injury, sickness, disease
or provided that such damage, loss or expense is not due to the sole negligence of
a 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,} The Subcontractor shall keep the premises and surrounding area free from
accumulation of waste materials or mbbish caused by operations performed
under this Subcontract on a daily basis, The Subcontractor shall not be held
responsible 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 10 the Owner, Architect, and Contractor that
materials and equipment furnished under this Subcontract will be of good quality
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and new unless olherwise required or permi/ted by the Subcontract Documents,
that the work of this Subcontract will be free from defects not inherent in 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 authorized, may be 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 warranty 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
resultingfrom pelformance of the Subcontractor's work under this Subcontract,
provided that any such claim, damage, loss or expense is attributable to bodily
injury, sickness, disease or death, or to injw}l to or destruction of tangible
property (other than the work itself), but only to the extent caused by the negligent
acts or omissions of the Subcontractor, the Subcontractor's Sub-subcontractors.
anyone directly or indirectZv employed by them or anyone for 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 otherwise reduce other rights or obligations of indemnity, which
would otherwise exist as to a party or person described in this Paragraph 4,6
4,6,2 In claims againsl any person or entity indemnified under this Paragraph
4,6 by an employee of the Subcontractor, Ihe 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,] shall not
be limited by a limitation on the amount or type of damages, compensation or
benefits payable by or for the Subconlractor or the Subcontractor's Sub-
subcontractors under Workers' Compensation Acls, Disability Benefit Acts, or
other employee benefit acts,
4,6,3 In the event that a party is requested, but refuses to honor the indemnity
obligalions hereunder, then the party indemnifYing shall, in addition to all olher
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
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4,7. J If the Contractor does not pay the Subcontractor through no fault of the
Subcontraclor, wilhin seven days from the time payment should be made as
provided in this Agreement, the Subcontractor may, without prejudice to any
other available remedies, upon seven additional days' 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 condilion 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 TN THE WORK
5, J The Owner may 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 materials 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 additions, 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 lime being adjusted accordingly. The Subcontractor, prior to the
commencement of such changed or revised work shall submit promptly to the
Contraclor written copies of a claim for adjustmenl to the Subcontract sum and
Subcontract time for such revised work in a manner consistent with requirements
of the Subcontract Documents. The Subcontractor shall proceed with the
changed work as directed by the Contractor while such claim for adjustment is
being determined.
5,3 The Subcontractor shall make all claims promptly to the Contractor for
additional cost, extensions of time, and damages for delays or other causes in
accordance with the Subcontract Documents, A claim which will affect or
become part of a claim which the Contractor is required to make under the Prime
Contract within a specified time period or in a specified manner shall be made 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 make such a timely claim shall bind the
Subcontractor to the same consequences as those to which the Contraclor is
bound. Receipt of payment from the Owner by the Contraclor for extra work,
damages or any other claims shall be a condition precedent to the right of the
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Subcontractor to receive payment from the Contractor for such costs, damages or
claims,
ARTICLE 6 - MEDIATION AND ARBITRATION
6.1 MEDIATION
6,1,1 Any claim arising out of or related to this Subcontract excepl 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 inslitution 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 afthe 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 of a 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
period of 60 days from the date of filing, unless stayed for a longer period by
agreement of the parties or court order,
6.1,3 The parties shall share the mediator's fee and any filing fees equally. The
mediation shall be held in Harrisburg, Pennsylvania, Agreements reached in
mediation shall be 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 Subcontracl, 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 mulually agree olherwise, shall be in accordance with the
Construction Industry Arbitration Rules of the American Arbitration Association
currently in effect. Demand for arbitration shall be filed in writing with the other
party 10 this Subcontract and with the American Arbitration Association,
Philadelphia office,
6.2.3 A demandfor arbitration shall be 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.
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6.2,4 Limitation on Consolidation or Joinder - except by wrilten consent of the
person or entity soughl 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 enlity not a party to the Subcontract under which such arbitration
arises, unless il 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 malter is not insubstantial. and (4) such person or entity is not the
Architect. the Architect's employee. the Archilect 's consultant or an employee or
agent of any of them, This agreement to arbitrate and any other wrilten
agreement to arbitrate with an additional person or persons referred to herein
shall be specifically enforceable under applicable law in any court having
jurisdiction Ihereof
6,2.5 Claims and Timely Assertion of Claims - the party filing a notice of
demand for arbitration must asserl 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 Judgment Oil Final Award - the award rendered by the arbitrator or
arbitrators shall be final. and judgment may be entered upon it in accordallce
with the Pennsylvania Statutory Arbitration Law, 42 Pa, C.S.A,. Section 7301,
Chapter A,
ARTICLE 7 - TERMINATION, SUSPENSION OR ASSIGNMENT OF THE
SUBCONTRACT
7.1 TERMINATION BY THE SUBCONTRACTOR
7. 1.1 The Subcontractor may terminate the Subcontract for the same reasons and
under the same circumstances and procedures with respect to the Contractor as
the Contractor may terminate with 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 Subconlractor for any reason
which is not the fault of the Subcontractor. Sub-subconlractor. or Iheir agents or
employees or other persons performing portions of the work under contract with
the Subcontractor. the Subconlractor shall be entitled to recover from the
Contractor payment for work executed.
7.2 TERMINATION BY THE CONTRACTOR
7.2.1 lfthe Subcontractor persislently or repeatedly fails or neglects to carry out
the work in accordance with the Subcontract Documents or does not meet
previously agreed upon delivery schedules, or otherwise to perform in
accordance with this Subcontract and fails within seven days after receipt of
wrilten notice to commence and continue correction of such default or neglect
with diligence and promplness. the Contractor may. without prejudice to any
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other remedy the Contractor may have, terminate the Subcontract and finish the
Subcontractor's work by whalever 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 addition 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 Ihe Prime
Contact as provided in the General Conditions of the Prime Contract or
elsewhere.
7,2.2 If the Owner terminates the Contract for the Owner's convenience, the
Contractor shall deliver written notice to the Subcontractor.
7.2,3 Upon receipt of written notice of termination, the Subcontractor shall:
], Cease operations as directed by the Contractor in the notice;
2. take actions necessary, or that the Contraclor may direct, for the
protection and preservation of the work; and
3, except for work directed to be performed prior to the effective date of
termination stated in the notice, terminate all existing Sub-subcontrac/s
and purchase orders and en/er into no further Sub-subconlracts and
purchase orders,
7.2,4 In case of such /ermina/ionfor the Owner's convenience, the SubCOlltraClOr
shall be en/itled /0 receive payment for work executed, and costs incurred by
reason of such termination, if Contractor is entitled to such paymellt, Receip/ of
payment by /he Owner to the Contractor for such termination of the Subcontract
shall be a condition precedent to /he right of the Subcontractor to paymenl for
termina/ion.
7,3 SUSPENSION BY THE CONTRACTOR FOR CONVENIENCE
7.3,] 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,
7.3,2 An adjustment shall be made for increases in the Subcontract time and
Subcontrac/ sum, including profit on the increased cost of performance, caused
by suspension, delay, or interruption, No adjustment shall be made to the extent:
]. That performance is, was or would have been so suspended, delayed or
interrupted by another cause for which the Subcontractor is responsible;
2. that an equitable adjustment is made or denied under another
provision of this Subcontract.
7.4 ASSIGNMENT OF THE SUBCONTRACT
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7,4.1 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 Ihe 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
suspendedfor more than 30 days, the Subcontractor's compensation may be
equitably adjusted.
7.4,2 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 subconlract 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
8.1 The Subcontractor shall execute the following portion of the work described
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 fzxed 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 visible 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
April 1,2003, 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.
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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 - SUBCONTRACT SUM
10,1 The Contractor shall pay the Subcontractor in current funds for performance
of the Subcontract the Subcontract Sum of Twenty-Five Thousand Four
Hundred Forty-Seven Dollars ($25,447.00), 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 described in the Subcontract Documents and have been accepted by the .J)
Owner and the Contractor. N~t"
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ARTICLE 11 - PROGRESS PAYMENTS /(t\-OO-/j/
11.1 Based upon applications for payment submitted to tlIe Contractor by tlIe
Subcontractor, corresponding to applications for payment submitted by the Contractor to
tlIe 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 elsewlzere in tlze Subcontract Documents. Unless tlze Contractor
provides tlze Owner with a payment bond in the full penal sum of tlze Contract Sum,
payments received by tlze Contractor and Subcontractor for work properly performed by
their contractors and suppliers shall be held by tlze Contractor and Subcontractor for
those contractors or suppliers who performed work or furnislzed materials, or both, under
contract with the Contractor or Subcontractor for which payment was made to the
Contractor by tlze Owner or to tlze 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 fiducian)
liability or tort liability on the part of the Contractor or Subcontractor for breach of tn/st
or shall entitle any person or entih) to an award of punitive damages against the
Contractor or Subcontractor for breach of tlze requirements of this provision. Acceptance
of periodic progress payments In) tlze Subcontractor shall constihtte a waiver of any and
all claims by the Subcontractor against tile Contractor or tlze Owner or any payment
bond unless such claims are expressly reserved on the face of the Application for
Payment, Upon request, Subcontractor shall furnish affidavits and release of claims and
lien waivers in a form acceptable to Contractor.
11,2 The period covered by each application for payment shall be one calendar
month ending on the last day of the month, or asfallows: Payment shall be made
within seven (7) days after receipt of payment from the Owner by the Contractor.
Subcontractor shall submit its application for payment monthly or pursuant to a
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schedule established by Contractor. Receipt of payment by Contractor from
Owner shall be a condition precedent to the right of Subcontraclor to receive
payment unless failure to have received payment shall be solely caused by fault of
Contractor,
11.3 If an application for payment is received by the Contraclor after the
application date fIXed above, the Subcontraclor 's work covered by it shall be
included by the Contraclor in the next Application for Payment submitted to the
Architect.
11,4 Each application for paymenl 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 Payment,
11,5 Applications for payment submitted by the Subcontractor should indicate the
percentage of completion 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:
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 allocaled to
that portion of the Subcontractor's work in the schedule of values, less ten percent
(l0%) retainage, Pending final determination of cost 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
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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 circumslances by
which the Owner may withhold payment from the Contractor, regardless of
whether or not the Owner actually has withheld payment from the Contractor,
11.7 Upon the partial or entire disapproval by the Conlractor 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
]],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 application for payment for such work. Within 30 days follOWing issuance
by the Architect of the certificate for payment covering such substantially
completed work, the Contractor shall, to the full extent allowed in the Prime
Contract, make payment to the Subcontractor, deducting any portion of the fimds
for the Subcontractor" work withheld in accordance with the certificate to cover
costs of items to be completed or corrected by the Subcontractor, Such payment
to the Subcontractor shall be the entire unpaid balance of the Subcontract sum if
afull release of retain age 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 afitll release of reta in age, 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 10 receive final payment
unless failure of Contractor to receive payment is solely the fault of the
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Contractor. Final payment shall be made ten (JO) days after receipt of same by
the Contractor from the Owner.
12,2 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.
ARTICLE 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.
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13,2 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 after 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 Subconlractor 's work. These
certificates and the insurance policies required by this Article 13 shall contain a
provision that coverages afforded under the policies will not be canceled or
allowed to expire until at least 30 days' prior written nolice 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 available, 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 be
jilrnished by the Subcontractor with reasonable promplness according to the
Subcontractor's information and belief
13,4 The Contractor shall furnish 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, jimlish 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. 7,1 Subcontractor shall provide property and equipment insurance for the jilil
value of the Subcontractor's work, including property and equipment insurance
coverage for all materials and equipment stored off-site or in transit whether or
not such work is covered under the project property insurance, unless the
Contractor issues a specific written waiver of the requirements that the
Subcontractor provide property and equipment insurance for the full value of the
Subcontractor's work.
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,
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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 otherwise. 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,
ARTICLE 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 10 the Subcontractor unless otherwise indicated below:
14,1,1 The Subcontractor is responsible 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 sufficient to support the Project
Schedule
14,2 Specific working conditions:
14,2,1 All work shall be performed in accordance with Subcontractor's safely
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 Opportuni[y Provision by which
Subcontractor agrees not to discriminate against any employee or applicalll 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,
14,2,5 For school projects, Act 34 clearances are required.
14,2.6 A bond _is/ X is not required.
14.2,7 Subcontractor shall be subject [0 liquidated damages of Four Hundred
Dollars ($400.00) per calendar day.
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ARTICLE 15 - MISCELLANEOUS 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 interestfrom
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 are as follows: 10% retain age until
owner approves reduction to 5% after 50% job completion.
15.4 This Agreement is governed by the laws of tlze Commonwealth of Pennsylvania
without application of its choice of law provisions,
15.5 If any Subcontractor, laborer or material supplier 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 filrnished 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 addition 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 Subcontraclor, including legal 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:
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 Owner-Contractor Agreement;
16,1.3 Thefollowing Modifications to the Prime Contract, ifany, issued
subsequent to the execution of the Owner-Contractor Agreement but prior to the
execution of this Agreement:
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Modification Addendum #1
Modification Addendum #2
Modification Addendum #3
Modification Addendum #4
Modification Addendum #5
Dated 10/19/01
Dated 11/01/01
Dated 11/05/01
Dated 11/07/01
Dated 11/08/01
16,1.4 Other Documents, if anyJorming part of the Subcontract Documents are
as follows
Wage Rates
Specification Sections: 10100,11132 & 10050
Architectural Drawings
This Agreement entered into as of the day and year first written above,
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Kamand Const
Date _/O-"?
Mason-Norton Company, In~, . ,
Date ,_.~o-!.:()?c:.
William 1. Manna, Executive Vice President
(Printed name and title) (Printed name and title)
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21
OCT 1 5 ZiJ02
MAT.EJ\W-.
QUGTATION
(BLUE)
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,
, -.... 1_:
MATERiAL
QUOTATION
(BLUE)
MASON - NORTON COMPANY, INC. I
GEORGE 0, PREBLE - President HERBERT N. PREBLE - Founder
310 S. TENTH ST., LEMOYNE, PA 17043...................................PHONE: 717-737-4558
FAX: 717-761-8287
OUR E.MAlL ADDRESS IS AS FOLLOWS:
sales@mason-norton.com
TO:
Kamand Const., Inc.
c/o Jim Greathouse
DATE:
Rev.:
Rev.:
November 9, 2001
January 3, 2002
January 16, 2002
CONFIRMATION
1 OF _4_
PROJECT:
LOCATION:
OUR QUOTE:
ADDENDAS:
Cumberland Perry Vo-Tech.
Mechanicsburg, PA
1112-01
Ul ,#2,1/3 ,#4
SHEET
'\l/e are pleased to quore you for furnishing only (he following mare rials, in types, quamiries, sizes and accessories as scared. Nl items nO( specif-
ically lisred are expressly excluded. NL'\SON.:\ORTON CON1PANY, INC. "lnsrallarion Quorarion" will be arrached where applicable.
ANY KIND OF TAXES ARE NOT INCLUDED
"PACKAGE PROPOSAL"
#3 DISPLAY BOARDS: By Marsh
"VOLUNTARY ALTERNATE"
Markerboards: 24-ga. porcelain enameled steel writing surface
laminated tp 1/2" particleboard with a .005 aluminum
backer sheet.
Tackboards Koroseal "Harborweave II", 21 oz. vinyl laminated
to 1/4" natural cork on 3/8" fiberboard.
Trim Marsh factory-assembled Series #1632 clear satin
anodized aluminum trim for markerboards. Marsh
factory-assembled Series #1600/1602 clear satin
anodized aluminum trim for tackboards and combination
units. Full-length box type markertray with cast
aluminum end caps per markerboard. Full-length 2"
map rail with medium grey cork insert and endplates
per markerboard.
Access Two (2) combination hook/clips per 4'0" of map rail
One (1) flag holder per room
2 12' X 4' (markerboards) 15 4' X 4' (tackboards)
1 8' X 4' (markerboard) 1 - 6' X 4' (tackboard)
1 10' X 4' (markerboard)
1 6' X 4' (markerboard) 19 - 8' X 4' (combo units)
8 4' X 4' (markerboards) 2 - 14' X 4' ( combo units)
8 - 20' X 4' (combo units)
QUALIFICATION: Quoting all boards at 4' 0" H only.
Quoting a Voluntary Alternate as our manufacturer isn't
listed in the Specs.
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MASON.NORTON COMPANY, INC.
By,~~,t{::!..d.:...L.~:.............................
Michael J. Rudy - Sales Representative
SEE TERMS AND CONDIT~NS QN REWSE SIDE
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____........ 20....,..,__
AlUR1kiUS...........................
FORM 0199
MATERIAL
.
QUOTATION
(BLUE)
.,'-~
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MATERIAL
QUOTATION
(BLUE)
~ '
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MASON - NORTON COMPANY, INC. I
GEORGE 0, PREBLE. President HERBERT N. PREBLE. Founder
310 S, TENTH ST., LEMOYNE, PA 17043.......,.............,.............PHONE: 717.737.4558
FAX: 717.761.8287
OUR E.MAlL ADDRESS IS AS FOLLOWS:
sales@mason-nonon.com
TO:
Kamand Const., Inc.
c/o Jim Greathouse
DATE:
Rev.:
Rev.:
November 9, 2001
January 3, 2002
January 16, 2002
CONFIRMATION
2 OF 4
PROJECT:
LOCATION:
OUR QUOTE:
ADDENDAS:
Cumberland Perry Vo-Tech.
Mechanicsburg, PA
1112-01
111,12,#3,'4
SHEET
";fie are pleased to quote you for furnishing only the following materials, in rypes, quantities, sizes and accessories as stated. All items not specif-
ically lisred are expressly excluded, 1-.IASON.NORTON COMPANY, INC. "lnsralbrion Quowion" will be mached where applicable.
ANY KIND OF TAXES ARE NOT INCLUDED
"PACKAGE PROPOSAL"
113
(Continued)
DISPLAY CASE:
By Marsh
"VOLUNTARY ALTERNATE"
Bid Qualification - Recessed mounted display case with
clear sain anodized aluminum frame
and piano hinged doors and lock.
Glass shall be 3/16" tempered safety
glass. Shelves w/standards & brackets.
Rear of unit to be 1/4" natural cork
laminated to 1/4" hardboard. Each
unit equipped with a fluorescent light
and reflector.
Display Case:
1 - 5 '0" H X 14 '0" 'II' X 16" D (Display Case)
QUALIFICATION: Quoting a Voluntary Alternate as our manufacturer isn't listed
in the Specs.
117 PROJECTION SCREENS: By Draper
13 - 84" X 84" manual projection screens, "Luma 2" Model, glass beaded
surfaces, (1) at all classrooms
ALT: If (1) required at Computer room #AI02G;
ADD $200.00
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COMBINATION QUOTATION OF DISPLAY BOARDS, DISPLAY CASE, AND PROJECTION SCREENS
LISTED HEREWITH:
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d, I I. :i lUDl
For the sum of
6% PA SALES TAX ------
LABOR to Install
TOTAL
$17,780.00
$ 1,067.00
$ 6,600.00
$25,447.00
Date....
............, .. , ...., ....... 20 " MASON~ON COMPANY, INC. ~
.........................,... ", ., ,...... ,.. BYMichaei~~..'R;;p-;:~-;;;.
SEE TERMS AND CONDITIONS ON REVERSE SIDE
1URTkiiis........
FORM 0199
MATERIAL
"
QUPTATION
(BLUE)
/"'"
/ "-"\
/1 ...
MATER:lAl
QUOTATION
(BLUE)
MASON-NORTON COMPANY, INC. I
GEORGE O. PREBLE - President HERBERT N, PREBLE - Founder
310 S, TENTH ST., lEMOYNE, PA 17043...................................PHONE: 717-737.4558
FAX: 717-761-8287
OUR E-lvWl ADDRESS IS AS FOllOWS:
sales@mason-norcon.com
TO: Kamand Const., Inc.
c/o Jim Greathouse
DATE:
Rev.:
Rev.:
November 9, 2001
January 3, 2002
January 16, 2002
CONFIRMATION
1 OF 4
PROJECT:
lOCATION:
OUR QUOTE:
ADDENDAS:
Cumberland Perry Vo-Tech.
Mechanicsburg, PA
1112--D1
#1,#2,#3,34
SHEET
'tie are pleased to quote you for furnishing only the Following materials, in types, quantities, sizes and accessories as stated. All items nO( specif-
icallv listed ate expressly excluded, MASON.NORTON COMPANY, INC. "Installation Quotarion" will be attached where applicable,
ANY KIND OF TAXES ARE NOT INCLUDED
"PACKAGE PROPOSAL"
FINAL NOTE: This confirms your 1-16-02 verbal order-of-intent as given to our
Michael J. Rudy for above said listed items only. We shall
proceed with submittals and look forward to receiving your
written Sub-Contract. Thank you!
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MASBY O?)JMP7'~, ,~....
............SE~ ~~~~..:~..CONDITIONS o~~~~~~ Ret~~ci~e
.........., 20
AcMJltl~'"
FORM 0[99
INSiTALL~TION
QUOTATION
(GREEN)
i ,~--.\ '
INSTALLATION
QUOTATION
(GREEN)
'<--
MASON-NORTON COMPANY, INC. I
GEORGE 0, PREBLE - President
310 S. TENTH ST., LEMOYNE, PA 17043
HERBERT N, PREBLE - Founder
PHONE: 717-737.4558
FA,'(; 717-761-8287
TO:
DATE:
Rev.:
November 12, 2001
January 16, 2002
CONFIRMATION
4
OF
PROJECT:
LOCATION:
OUR QUOTE:
ADDENDAS:
Cumberland Perry Vo-Tech.
Mechanicsburg, PA
1112-01
#1,#2,#3,#4
SHEET
4
The following installation quotarion/s are made with rhe use of Mason.t'-:orron Company, Inc, Installation Staff.
(This quotation is based on non-union, open-shop or prevailing wage, using carpenters, and laborers, Only
Purchase Orders witham retainages will be accepted. Sub-Contracts ate not acceptable,)
We are pleased ro quote YOU for installing the following material. Installation covers only materials supplied by
Mason-Narron Company, Inc.
i\.bson-Gonon Company, Ine. will provide upon wrinen requesr: cerriftcHe of insurance, criminal and child
abuse reports.
TJ...xcs of any kind; such as Federal, Srare, Local, Business or Privilege TJ...xes are not included. AJ! quored figures
are plus any eypes of taxes.
#3/7 LABOR, SERVICES AND EQUIPMENT:
L
To Install Onl~' Display Boards. Display Item" 3 & 7 , as listed and shown on
Case, and Projeciton Screens
i\lason-t'-:orron Company, Inc. Matena! Quotation # 1112-01 ,dated Nov. 9, 2001
For the sum of
ITEMS TO CONSIDER:
A) Un-loading of materials by MASON-NORTON CO., INC.
B) Field measuring by MASON-NORTON CO., INC.
C) On-site secured storage area to be provided by General Contractor
at NO charge to MASON-NORTON CO., INC.
D) MASON-NORTON CO., INC., will be responsible to clean up only the
mess and debris from our materials and work area.
E) All in-wall blocking provided and installed by General Contractor.
F) All wood or metal structure system from which the projection screens
are hung, is not included. The system must be supplied and installed
by the General Contractor including holes punched in the correct
location, with the system being level and true within one eighth inch.
The supporting system must be designed, and have the capability to
support the weight of the hanging material is accordance with manu-
facturers requirements.
G) Any electric power operated item does not include any wires, wiring
or hook-up. This is electrical type work to be done by the Electrical
Contractor.
$6.600.00
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Date .................... ........................................................ MASON-NORTON COMPANY, INC. // 5 Z{)OZ
AMJk/~'......'...............................,..............,............ BYMi~h;;~""'J. "R:;;dy '': ~t~;~
FORM, 0199 SEE TERMS AND CONDITIONS ON REVERSE SIDE
'.
MASON-NORTON COMPANY, INC.
MERCHANDISE BROKER
STANDARD TERMS AND CONDITIONS OF SALE AND PERFORMANCE
FOR SPECIALTY BUILDING PRODUCTS
1. Thi.s quotation is. subject ro change or wirhdtawal at any time as MASON-NORTON COMPANY, INC. is doing a broketage
business, for specIalty produces used In Construction. All quoranons are based on delIvery of matenals WIthIn a reasonable time,
subject to escalation on a net basis, without profit or over head. Proof of changes in cost wit! be produced on request of buyer.
Material must be shipped within one year from the latest date of quoracion, or order could be subject (0 Factory escalation. Our
quotation includes only those items as listed. hems not specifically listed are nor included.
2. This quotation does nor include ta,'(es of any kind; such as Federal, State, Local. Business or Privilege Ta.xes are not included.
Use taxes are not included. This quo ration is subject ro any future ta.xes or ra.x increase which may be imposed. Collection of
Taxes is for the convenience of the purchaset and will be remitted to the Taxing Aurhority on his behalf. IvV\SON-NORTON
COMPANY, INC. assumes no responsibility for taxes unpaid by buyet,
3, MASON-NORTON COlvlP/I.l'lY, INC. does not intend ro be bound to anv buyer based upon a con<ract which that buyet
may have with another parry. Quotations are given in good Fairh for materials which 3re considered ro be acceptable for the
project referenced, bur it must be kept in mind that final approval is at the discretion of others over whom we have no COntrol.
4. All guarantees on materials Jre the .\'twufacrurers standard and no other warranty is made by J\U\SON-NORTON
COMPANY, INC., juSt as all quotarions cover materials made ro the Standard specitlcations and details of rhe named
manufacrura, which is deemed to be \I.'hac is desired. Conrracts which ma.v be cancelled due to a rhird parry' interpretation of
rhe requirements, which vuy from our own, shall impose no liability on IvL\SON-NORTO:--J COMPANY, INC to furnish
other materials or pa;' any pan of (he COSt of so doing. Cancellation of this contract is subject to written acceptance of the
manufacturer, and i\L",SON-NORTO'\ CO,\IPAN'Y, INC. A minimum c"ncellar,on charge of ten percent may be imposed
on the bu;'er. l\-faterial is nOt to be returned without \vrirren permission. Returns Policy - lvLnubcturers restocking percenraO"cs
will appJ,'l, adJitional freight charges must be paid. Produces must b.c returned in original C3.rrons. Jnd packaging. Final credits
Clnnot be issued unti] final a-.:ceptJnce of returned products at the tacwry, wit~ou( shortages, or dJmages.
5. QUOUtjons include freight (o)t unless 5tJted otherwise, however. shipment is EO.B. FJctory for delivery ro job. or to rhe nearest
rJi! or truck rerminJI. Tide of goods shall pJSS from the shipper co the bu.\rer 0:1 receipt of a common carrier or by recelpr given
(() the delin:-ring Jgl'm of the shippc.. CaJ]ec( shipmems are (0 be paid b.\" bU.'.'cr then deduCted from ;ICCOUll( if applicable.
D;:muge cb.ims. unloading of shipments and srorage of same Jre the responsibility of the bu:,er. NotifIcation of shortages,
dannees, and/or de6,cti'..e marccials muSt be made [Q ,'vt\SON-NORTO:\ CO,\fPANY, INC, the da',' of delivm'. ,'vlataial
deli\"e~ics are not CO be refused under d!1~' circumsrances, Added charges for rer-used shipments will be in~'oiced ro ydu.
6. ,\fASON-NORTON CO,\IPA:\Y, f'\C shall not be liable for any loss, damage. derenrion or delay caused by freight damages,
shortages, defecrive or incorrect material. or by circumstances beyond their concrol: Delivery dates art dependent upon rhe
performance of orhers, so they Jre gi,'en :.IS probable, not as a guar~l.J1tec of performance.
I. The acceptance of this quotation by a signature here-on. b,', telephone. facsimile', '.\Titten purduse order or subcontract. shall
constitLlte a contract ofs::de only aher written ackno\vleJgemenc b~' ,vlASO:...--~-ORTON CO.\fPA:-':Y INC. Change orders are
:.Icceptcd under the otiginJ.! terms and conditions of our Order A.cknowledgmem.
8. This qllotation shall be deemed J parr of the "greemem between MASON-NORTON CO.\IPAN,{, INC. and the buyer even
if not specirlcally memioned in any writren of verbal order given to MASOJ\-'\ORTON COlvlPANY, INC. by the buyer,
9. A written ackno.......ledgemcm from J\iASON.NORTON C00t'[PANY, INC. shall constitute an Jccepcance of the contract in
Cumberland County, Pennsylvania, I-.!ASON-NORTON COMPANY, INC. will only perform on the basis of the terms and
conditions herein stared. which terms shJlI govern, in case of conflicts bct\veen the buyer's order and this quotation. An,.,- contracr
\,,ihich develops from this quotation may be assigned to a third parry for handling and/or collection of rhe account wirhout any
liabiliry on the part of MASON-NORTON COMPANY, INC.
10. Terms of payment Jre 30 days ncr. afcer date of invoice, on full or partial shipments and interest will be charged at rhe rare of
12% annually on all over due aCCOuntS. No \vaiver of paYOlenc terms will be granted for any reason if nor requested in writing
betore the 30 days expire.
In the event of default of the paymenr of any sums due hereunder, and upon the necessity of MASON-NORTON COMPANY,
fNC. placing the collection of such sums in the hands of an arrorney upon default, MASON-NORTON COMPANY, INC.
shall be entitled to reimbursement of all reasonable and necessary artorney's fees incurred for the collection of the same, and all
costs and expenses of collection, which amount shall be in addition to all other sums due and owing hereunder.
11. Waiver and Releases of Liens will nor be executed by MASON-NORTON COMPANY, INC. unril full payments are received.
12, MASON-NORTON COMPANY, INC. accepts no parriaI paymenrs, rerainages, liquidated damages, or backcharges without
previous written notification of problem and their COSts. Any charges MUST have the written acceptance of Iv1ASON-
NORTON COMPANY, INC.
To our Customers: These rerms and conditions have developed over many years and are stated to clarify the abilities and
position of MASON-NORTON COMPA!'.'\', fNC. as a manufacturers agent, We have no intention of neglecting you. On rhe
contrary, we assure you of our cooperation and aid, especially when a problem arises.
Thank You
",
,
Rev. OlD.:!
MATERIAL
QL01ATION
(bLUE)
MATERIAL
QUOTATION
(BLUE)
"
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MASON - NORTON COMPANY, INC. I
114
For
NOT
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For
NOT
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"
ESTABLISHED L
1952
GEORGE O. PREBLE - President HERBERT N. PREBLE - Founder
310 S, TENTH ST., LEMOYNE, PA 17043...., .............................PHONE: 717-737-4558
FAX: 717-761-8287
OUR E-MAlL ADDRESS IS AS FOLLOWS:
sales@mason-norron.com
TO:
DATE:
Rev.:
Rev.:
November 9, 2001
January 3, 2002
January 16, 2002
CONFIRMAlTON
1 OF 1
PROJECT:
LOCATION:
OUR QUOTE:
ADOENOAS:
Cumberland Perry Va-Tech.
Mechanicsburg, PA
1112-01
11,#2,#3,114
Kamand Canst., Inc.
c/o Jim Greathouse
SHEET
\'Ce are pleased [Q quote you for furnishing only the following materials, in types, quantities, sizes and accessories as stated. All items nO( specif-
icall, lisred are expressl, excluded, :-'lASON-NORTON CO:-'IPA1'-!Y, INC. "Insrallarion Quorarion" will be anached where applicable,
ANY !UNO OF T~XES ARE NOT INCLUDED
TOILET PARTITIONS: By Capitol (ALT. G-6)
16 - toilet compartments with doors, of the headrail braced type,
standard hardware, in a standard solid color solid plastic
finish
4 - sight screens
the sum of ---------- ----------
INCLUDED: Toilet accessories, showers, erection type fasteners.
TOILET ACCESSORIES:
22 - clothes hooks
2 - feminine napkin disposals
2 - feminine napkin vendors
6 - grab bars 36"
6 - grab bars 42"
the sum of -------------
INCLUDED: Any erection type fasteners, mop racks.
1:-<"
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MASON-NORTON COMPANY, INC. if.... /"-
"1uhJ~ --J~ "': > ,
By......,....,......................, '........................' ........................................
Michael J. udy - Sal s Representative
SEE TERMS AND CONDITIONS ON REVERSE SIDE
Accepted............
MJR/kms
FORM 0199
"PACKAGE PROPOSAL"
$ 8,100.00
2 - shower curtains & rods
12 toilet paper holders
11 framed mirrors with shelves
16" X 30"
8 - paper towel dispensers
$ 2,300.00
Eih,b;f
" It
C.
J.viATERIAL
QU01ATION
(BLUE)
MATERIAL
QUOTATION
(BLUE)
MASON - NORTON COMPAN~ INC. I
ESTABLISHED L
1952
GEORGE 0, PREBLE - Presidenr
HERBERT N, PREBLE - Founder
310 S TENTH ST., LEMOYNE, PA 17043..,....................,...........PHONE: 717-737-4558
FAX: 717-761-8287
OUR E-MAIL ADDRESS [S AS FOLLOWS:
sales@mason-norton.com
TO:
Ramand Const., Inc.
c/o Jim Greathouse
DATE:
Rev.:
Rev.:
November 9, 2001
January 3, 2002
January 16, 2002
CONFIRMATION
7 OF 1
PROJECT:
LOCAT[ON:
OUR QUOTE:
ADDEND AS:
Cumberland Perry Vo-Tech.
Mechanicsburg, PA
1112--01
111,#2,13,14
SHEET
\Ve are pleased (Q quote you for furnishing only the following materials, in rypes, quanriries, sizes and accessories as stated. All items nO[ specif-
ically lisred are expressly excluded. I>L-\SON-NORTON COMPANY, INC. "[nsra11ation Quotation" wi11 be areached where applicable.
ANY KIND OF TAXES ARE NOT INCLUDED
"PACKAGE PROPOSAL"
18 SIGNS: By Digital Color Graphics
Signs to be all A.D.A. compliant with braille, standard sizes, in
a standard color finish:
9 - Type "I-A" signs 41 - Type "1-B" signs
6 - Type "1-C" signs
PLAQUE: By Metal Arts
1 - 24" X 36" cast aluminum plaque, "Gothic" letterstyle, straight
edge borders, in a standard finish
COmlINATION QUOTATION OF SIGNS AND PLAQUE:
For the sum of -------
EXCLUDED: Engraved name plates.
$ 3,125.00
Not required with room signs.
/19 FIRE EXTINGUISHER CABINETS:
5 - aluminum fire extinguisher cabinets, of the bubble type with
clear bubbles
For the sum of
EXCLUSIONS: All fire extinguuishers and fire rated cabinets.
-$
650.00
/110
TV BRACKETS:
13 - wall mounted tv brackets at classrooms
For the sum of
ALT.: To Provide, (1) at IfAI02G;
ADD
EXCLUSION:
- $ 2,100.00
VCR mounts. Not specified.
provided.
TOTAL FOR MATERIALS LISTED IN PACKAGE
6% PA SALES TAX --
TOTAL MATERIAL PURCHASE ORDER
$175.00
If required, ADD cost to be
$16,275.00
.$ 976.50
$17,251.50
~~/~ ......................................................~.......... ~~;:rL~,i1#tJ.
FORM 0199 SEE TERMS AND CONDITIONS ON REVERSE SIDE E.~\\:M \- L- ;' i
ivL~TERiA:L
QUOTATION
(BLUE)
,MATERIAL
QUOTATION
(BLUE)
L'
MASON-NORTON COMPANY, INC. I
ESTABLISHED L
1952
GEORGE O. PREBLE - President HERBERT N, PREBLE - Founder
310 S, TENTH ST., LEMOYNE, PA 17043,.................,...............,PHONE: 717-737-4558
FAX: 717-761-8287
OUR E-MAIL ADDRESS IS AS FOLLOWS:
sales@mason-norron,com
TO:
Kamand Const.. Inc.
c/o Jim Greathouse
DATE:
Rev.:
Rev.:
November 9. 2001
January 3. 2002
January 16, 2002
CONFIRMATION
3 OF 3
PROJECT:
LOCATION:
OUR QUOTE:
ADDENDAS:
Cumberland Perry Vo-Tech.
Mechanicsburg. PA
1112-{) 1
#1.#2,#3.#4
SHEET
We are pleased CO quote you for furnishing only the following materials, in types, quanriries, sizes and accessories as stated. All items nOt specif-
ically lisred are expressly excluded, 1vL-\SON-NORTON COMPANY, INC "Insrallation Quotarion" will be a"ached where applicable.
ANY KIND OF TAXES ARE NOT INCLUDED
"PACKAGE PROPOSAL"
FINAL NOTE: This confirms your 1-16-02 verbal order-of-intent as given to
our Michael J. Rudy for above said listed items only. We shall
proceed with submittals and look forward to receiving your
written P.O. Thank you!
,A~.,...
,-",
'~~;? ,.""
:,;:,,, :~:~~~,~~~/,
FORM 0199 SEE TERMS AND CONDITIONS ON REVERSE SIDE
/1
PURCHASE ORDER
TERMS AND CONDITIONS
The folIowing terms and conditions shaII apply to the transaction described in the Purchase Order between
KAMAND CONSTRUCTION, INe. ("Kamand") and the entity sho\V11 as "Supplier".
Acceptance This Purchase Order shaII constitute no more than Kamand's offer to purchase goods from
Supplier in accordance with these terms and conditions and any additional terms and conditions set forth or
incorporated by express reference on the Purchase Order, which when accepted by the Supplier shaII constitute a
binding contract between the parties,
Quantities The specific quantity ordered must be delivered in full and not changed without Kamand's \\Titten
consent. Any unauthorized quantity is subject to rejection and return at the Supplier's expense,
Changes No change shaII be undertaken except upon ,vritten authorization of Kamand. Kamand may at any
time by written notice, make changes within the general scope of this Purchase Order in the specifications,
designs, drawings, packaging, methods of shipment, quantities, place of delivery or delivery schedules.
Shipment Shipment of goods from Supplier shaII occur as soon as possible, Supplier shaII bear the risk of
damage or loss of goods purchased hereunder until received and accepted by Kamand. Damaged goods wiII be
returned to Supplier, at Supplier's expense, for replacement or credit at no extra charge to Kamand,
Delivery THE T]);[E OF DEUVERY IS OF THE ESSENCE. IF DELIVERY IS CONFORMING GOODS IS
NOT MADE BY THE SCHEDCLED DELIVERY DATE, SUPPLIER SHALL HAVE NO RIGHT TO MAKE
A LATER CONFORLVIING DELIVERY. Supplier shall promptly notify Kamand in wTiting of any anticipated
delay in the scheduled delivery date, and Kamand reserves the right. in order to maintain the scheduled delivery
date, to require Supplier to expedite delivery at Supplier's expense and to pursue any other remedies available to
Kamand,
Taxes The prices for the goods sold hereunder include aII federal, state and local taxes imposed upon or on
account of such sale. unless otherwise indicated herein,
rlO
~
Liquidated Damages It is agreed that if the Supplier fails to deliver the goods under this Purchase Order, or to
perform on any condition under its terms, the Supplier shaII pay for every day of delay in the delivery of the
goods to Kamand the sum of$400.00 The sum agreed upon is intended as liquidated damages and not as a
penalty.
Exclusive Jurisdiction The parties agree that any dispute, controversy or claim arising under or in connection
with this Purchase Order or its performance by either party shall be decided exclusively by the Cumberland
County, Pennsylvania, Court of Common Please or the United States District for the Middle District of
Pennsylvania,
Remedies Upon the Supplier's failure to deliver the goods under this Purchase Order, or to perform any
conditions under its terms, Kamand shall be entitled to exercise any and all remedies available at law, in equity
or otherwise, and Kamand shall be entitled to recover its attorneys fees and costs incurred in connection with the
resolution of any dispute, controversy or claim.
;."'::~~r/::J '-,','
fILE ~
J.llle. '{)PY
C'[ ~ 0' O'^"2
I 1..' L v t."';,'J
Michael P. Kadllak
President CEO
~~KAMAND
"y" CONSTRUCTION, INC.
William J. Manna
Executive VIce PresIdent
Date: February 26,2002
Job Name: Cumberland Perry Area Vocational
Technical School
Kamand Job #: 01096
Kamand Project Manager: Anthony Hilditch
Job Site Contact: Dan Swearingen
Job Site Address: 110 Old Willow Mill Road
Mechanicsburg, PA 17050
Job Site Phone: "Will Advise"
","',
,-':r'\\
'0'
, !
,\.. )
~.,-,""
J, Michael Rutherford
VIce President
~.
--
Supplier Name: Mason-Norton Company, Inc.
Supplier Contact: Michael J. Rudy
Supplier Address: 310 S. Tenth Street
Lemoyne, PA 17043
Supplier Phone: (717) 737-4558
Supplier Fax:
FOB: X Job Site
Factory
PURCHASE ORDER #01096-P002
Appro."imate Unit
OUQllcirv Item Description Phase # Price Price
16 each Solid plastic toilet compartments 10165 $8,100,00
4 each Solid plastic sight screens
1 each Building plaque, 24" x 36" 10420 $3,125,00
9 each Type I-A signs
41 each Type 1-B signs
6 each Type 1-C signs
5 each Fire extinguisher cabinets 10520 $650.00
1/ot Bathroom accessories 10810 $2,300.00
13 each T. V. brackets 11138 $2,100.00
Subtotal:
Tax:
Total:
,~:::::::j\r:::~ :,:';CJ.. HiG.
FE8 2 8 2D02
203 lynndale Court Mechanlcsburg, Pennsylvania 17050
Phone (717) 691-9350 .:- Fax (71 7) 691-9790
E/'-"",'o ',\- D
$16,275.00
$ 976.50
$17,251.50
FILE COpy
Purchase Order
Page 2 of3
Addenda:
-.ILL. Dated: October 19, 2001
#2 Dated: November 1,2001
...J1l... Dated: November 5, 2001
~ Dated: November 7, 2001
#5 Dated: November 8, 2001
No Addenda Apply
Specifications:
Spec Section # 10050
Spec Section # 10160
Spec Section # 10400
Spec Section -!:f.
_ \'0 Spec Sections Apply
Description: Building Specialties
Description: Toilet Partitions
Description: Si2l1age
Description:
Drawinf!s:
Sheet =s:
-L :\0 dr;:1\vings apply
Pavmellt Terms:
1... "ier 30 days
:;er days with~% discount
Other:
Submittals:
-L
-L
Notes:
x
Provide ~ Copies
Catalog Cuts
Descripti\'e Data
Shop Drawings
Samples
Warranties
o & M Manuals
MSDS Information
Other:
Materials Quantity will be verified by Kamand Construction Inc.
Superintendent. DO NOT SHIP APPROXIMATE QUANTITIES!
Delivery date will be verified by Kamand Construction Inc,
Superintendent. '
~, I"..
/r--..'\ ro"
f( " I
': II L_.
1, '
"'.././ !
fILE COPy
P~t"'~l';:::'-" ",
lli._~,- ~, .' j ,"'J:",r-.n 1~'C
__.J .il. il_!...)... .J, J,
FES 2 e 20D2
Purchase Order
Page 3 of3
Ship as soon as possible,
RUSH SUBMITTALS! Kamand Construction Inc. Project Manager
\-vi11 review and release order.
--X... Sales Tax included,
Sales Tax not included,
--X... Damage during shipment is the responsibility of the Supplier. Damaged
materials win be returned for replacement or credit at!!Q!!!..!:! chare:e
to Kamand Construction Ine,
('I( /f Cpmpr~tJon d~e~ll. 200~
v L/ -----
>: LqU~d/<;J"9g5~O this)'b~rehase r and are S OO~OO pe
da\ or <1JAlssessed. ~ i
j/ - V
Supplier: iI, aso/ -Nortatt Company, Inc.
onon L;ompany, 1/1~,
Accepted P attached
n# / IZ.()!
Contractor: Kamand Construction, Inc.
-----
Aut/tori;;ed
Signature:
. eble
~.f-hW 7 Presidonl
(Prillted0.'<i1lJe'(md Tit/e)
" t";(.
~. II "\
;( Ii
\::-J
William J. ,lianna, Exec. Vice President
(Primed Name alld Tit/e)
Date:
Date:
~--:-.-.. '.,-~,
-.-' '-. . '-~
1-1'
~
;;
~),. me
FEB 28 ZDG2
03/20/2003 08:49
-----,-----
591-9790
)<A~IAND CONSTRI'f"TION
PAGE 02/03
FROM :'MRSON NORTON CO I NC
~.. '-^ l .cJ:Ui\L
FAX NO. :
_r.
19 2003 ll:25AM
PI
QUOTATION
(B WE)
1952
.-'-, ,
M\TERJAL
QUOTATION
(BLUE)
,,-0 ....
(.:..~ 'Yo
6'~ ~i::'VC'l~ ,.
i'co~~~~~~roN~' . MASON-NORTON COMPANY; INC. I
GEORGE O. 1'R.E3L.E 8 OFFICE: 310 $. T"cl'I11-l 51: W,\.<\EHOUSE: 312 S. TENTr! ST.
PRESIDENT 2002 UMOi"NE, PA 170~3
SPECIAlTY CONSTJl.UcnON PRODUCTS. FOR. THE COMME"CLA.L CONsn.UCTlO~ [' 'DUn'."
PHON!: 7:7.737-4553 0 ~., '" " ".
. u"..-moil o.dd..... a... (oU.",,, !'AX; 717.761.8287
t.Je:,@rnascn_nOt1ClIl.cCm.
TO:
!(AMAND CONSTRVCTrCN
ATrN: JACK PECHART
r.AX~ 33:-9010 & 6?1-9i90
DATE: J.nu..t'y 30, 2003
REV!SED: Marcn 19, 2003
Adams Co. Adult. Cor":,p.ctio~
PRO}:::::T: F..dIitl"
lOCA.THJ7'o'; Gc.LtysbUT'6! ?A.
OUR QUOT!:: 2Q4C1
ADDEND.'.>: Non.
\X.'c ar: ol~'1:Sr::...I ,,.., Quat.. V"'U ''"e" ::.,~...s:..._~ ......:.. .:...; II' . '. . .....
~. 'P' _ ,... .., '" . . .... ". ..1..= .....,r .,,,...0 O'o....Jng ::-l2r::-l:tJ:..1T1 :'"(O:::i:. ~J<ln!:r:,::. SIZe! :i.na =-.......".s""r'..~ ~ .~u........ ~:j;~.... .. ...
. /' ,., . I" l _ '. , ~...~ .... ..... ........P... .-.., ..e...s ..Ot.5;C:::::'::.
le...:y dSCCc:J ;1..:: ~X"preS'.$":Y ~:tC'.:':'C:C. Y_!,.sON.NO~1 ON CCI\lPAJ..'\f:'f rr.~.-C "rnSG1b,:..." Q""~.;"'~~ 'V;:! 0' -.:..' .. ..'
_, . .. ii.J ..... _'" ...'-....." '," :=:... 'i.:: ~~ .J./".....,. :\"'C\lt:O.O\"
A'f!'...]SDOFT"vo-'.,.,,,O-."C...~.- ....... "...,( ..
.: ..... ~ ...~':::'..u_~I,.... _...........::.u
SHE~
0:
!
"
~
trc::..t...;.".::Gc C~Z?l~
TOlk~T ACC~SSO~!:S:
:-:':.' ;\ & ...-
='1 ::.11 X 16" d.p.:':::::':!.c~.
~JZhT~O~ Eq~1?~e~t
~i r-:-ors ('1-.l9) ~ US70:13
is -
Sec~=itv m{~~o: Sh91v5S (7-:~)
:2" ., 16" t;~: ~e:!.:~~tio~. mi:-rors tT-2C)
- ..
., ..
..
!C!}~
. 1.1.347.00
~ ~
+.~ ,,91 ,02
.. $ 11,210.62
~ N/A
+$ 12,218.52
:::.1":' ZO? :-:A~37'~" (5; :'::5~
(\ Z S~ES TAA
* ZS1:'Il:!An:D nzhc.~
TO!.ll. liJ:!E ESn:;-Q'il!l ::;G:(,c.~ DiCLWIJED
'" PURCEASnlG nr=: ZSIn!A.r:::D n..-:<.,,,~ nlCLU!lO (FIAeS "X., :r:, AF'?ROF:R.rAn: J!OX) , 0 n:S 0 "lie
OX DO YOU 1i'!S::: UEI<.,",u IO :BE Jl IIJ..:ED AS A SE? ."-'lU.IE. -ra:;:! 1
If "e. are. to pI:oce.e.d, pJ.C!.a.5C ;::e.:::J.rtl, <l sig:l.ed acce.pted copy of 'this ,!uo::%cio".
Vo. acl:I1o,,"ledge a.:d. ac.ce.pt cb.. cl:1=ses =d charges ",e.fleete.d acove, ;me!. gua:::=t:ee by our
ace";>t:.an.c:.e chat: p3.Jmcut: ~ be na,;,., :in the. full :m.o=t: of our ~oic.., 'Irl.l:1:d.n (30) ".3.,>ys
fret:4 the date of "hat :i.=oice..
./
0",._........................, ::3...::..LJ.,,:..~~.._........_....... 20.....__ ~JT: CO~P^N, V'IN," V
;z,~:t;'::;~j~~~~o'"'mo"'~~~'~,tfftttOP y
e3/2e/2ee3
eS:49
591-97q~
KAMAND CONSTR' '-TION
.PAGE , e3/e3
~,
-"---
FROM ~MRSON NORTON CO INC
FAX NO.
"dr, 19 2003 11: 25RM P2
Mt\SON-NORTON COMPANY, INC.
MERCHANDISE BROKER
STANDARD TERMS AND CONDITIONS OF SALE-AND PERFORMANCE
FOR SPECIALTY BUIlDING PRODUCTS
1. Thj~ qu~,;don j".subjeer ro change ~r wirhdr:o"'"! ot .ny rime",: MASON-NOR.TON CDMI'AN'f, lNe. is doing a b,oker,.e
ollsmes.s, .or SpeclaIty procillC:s used In Cor:.trn.'c~on. AJI quor.:mons are: based on ddJv~ of ~n::U." wl,";n - -son-'-l . 0
b. I . '-" L fi Iff .., " .,.. .u C time,
su Jeer [(l dea :ltlon on a net lJJlSL'i, WltflOUt pro It Or over he:cd.. )roo Q ch;lngc.s: In CC~ will be pf"Odut:cti L">n r~quc:...t of b
M:\rc::ri..al ~LU:[ be ~hippc:d with!n one ye~r from the 1:,tC'st' dar~ or quo,tacion. or o~r:r could be ,lOubjc::r to Factory csc..11larion..6~;
guot:ltlon utdude$ oaly tho!Oc [eems zs hsz:cd. Items nOt ~pcclfiolfy lrsrc-d arc lH.~~ WChld.C~.
2, Th;, quOc."lon do." n<), includ~ r;JXCS "~ OllY kJnd: such os FederaL Stare, LOCo'J" 8winess fr Privilege T..", ore not inclnded,
Use t~'(c.~ :ttc ~~~ ~JS quorJ.tJon IS subJe~t to ;lCY future t4Xa or ~a.x IOC~SC:\ Which nmj'-b~ imposed. ColJC't7JoD of
T:lXCS " for the eonven!en"e or ,he pureh..c, and wIll he remltred ro rhe T".<mg Aurh",,')' on his bonalf MA,ON.NOIl"TON
COMPANY, L">;C "ssum", no ",-,ponsibilil)' fo' .,""s unpaid by buye,. .
3, J'viASON.N~RTOJ;i COMPANY. iNC docs nnr i~tcnc! '0 be bou"" to ":\~ bur:' ,,,ed "'P'''; " ",nntt:!.e: which th"r bU)'1:r
mJY ha.....e .....,!:..."1 ':t.7'1orner p~ty. Quor:'IC1ons. ~r: g1Y~:1. Jr. gr:od falt'), for 1":'l::.tC'tl:U.i wrw::h an: :::,l!'lslce:-:,~ rc be :'::c::oc;.1h!c for ..fle
pro,le::! retcn:nc::d. hur it mu~~ be ke~: in mind ch:l! f1naJ ~ppr0V31 is ar rhc dj,'lcn:tion of oth.er~ over whon\ we h~~c: no c:om;1.
/10. All g.ll~rilrm:es on mar.:ri:d.. arc U'r: MamlQcrurers sr:'Mturd A:"Ja no ..,mer w<l.rr.zmy Ls IT'Iild,, by M:\SON-l\TORTQ0:
CO MP,^,--r-.,ry, ~C-, jL:..S'': :t~ :1.1J qUl.H",uiom; ,i?vcr mJ.t(;rjaJ~ made co rn.e zt'and3.rd Spcclh,.ni.(';l!"',J an..:! J~:;:.jl~ "f ch<: n2m~d
tl"':J.n-.Ifa~::!;e:. whic.:h :s dc;;;-:-:c:. :0 b: wn:u is dc.<;irc:ci. CC'lI1(r;c~ which :Tl.:lY be c:lncdleJ due cu :J :hird ;;l:1:~' -i;'lt:rtH'=~Jtio!': of
rhe r:Quin:xC':-w~, whk}' Var~' fr:"l1Tl our ~'Wl1. sh",IJ impo~e no lj;1hilit:' on "/'I..lA.SON-NOR"TON COMr.;NY. l~C'. rr: :urnilr:
uc:-:c:: !;,ae:r:J.h (1~ p::v ~IlY P~r: ('Jr':~c ~nS5 of 50 dojn~. .C~'nt;dlz.l.i~r. of ~h;:; ::::.nr~C7 is .~t.:.hj:c:. to '.'l.Irirrel'l ~cc':?~r:c-= of rhe
man1Jt';\ct'..t~=--1 :W{"t NWO~-~....()Rl Ol" CO~il>Aj'.T)', l?\C. A minimum Cl::'IcclI:won ch4.rge u.r (en: pcn::=IH m~y D~ :::1DOScC.
on the bl.!.yer, Mar:::i.1! is i:.:.H en be rcwrncd w!rh~uc wrim~n pc:mi,\o;icm. Returns Policy ~ f-..i;.l..I~l!N:,c:-=~r~:-s res!ot;xing per~;it:tg=.s
will apply, .~ddl(fon:11. rr.:ig~t .:hal)!;cs ml:.~~ be paid. Prccuc:s must he returne~, in origil1;;t1 Ca:tOI~,~" ;md p:1Ck<1gi11g. Fin-.i .:::t'ai[,";
c:i.l~.noc hI!: 15.~l:.:a ~1r'lC:l ~:n;,.: ~r:::";:"caI1':2 or returned prodll'ts at che: f.1t.:rory. WlUHmr sr,orr;;,~c5. or (t"l.magc.~.
5 QUr.lr:;,ti~.'i.:T lnC:~I(k fr=l~h.t -:.:~.,: LlD!e~~S .-:::rcd nrnerwiSI:. ),ow::"l.'c:, ,sr.1Pme:-:: ;s 'f. C. 3. ?:.c:or;, ~"'r :::c::i'/::-;-, ,:: ~c~, :.;:- ::; ~:-.e. ::..c~::s:
r::lii nl" truck ee:rnin'J.J.l'''lclc ~f ;~ods shaH ?ri5:"i from che shippl:':r' co cne bl.:ycr C'ln ~ccipc nf:'l common c~nie1" or 0;'- ~ec~ip-t gfoJ'~l
LO r:-:c d.:!ivcri:--:r.: ;:li:",'.r;: -::,f :::c.: _"hil.lt"C';". Co/lc:cr 3hiomer1r~ :u: rr'l b: paid ny l.mYC'f [!'fen di:d!.lct:d ;'om ::r.c.:ntll'l! if ap~:li;;abl~,
!)~m.:,2.~e d;;j::"..s~' l.;.i~(o,trli::.g r:f shi"~'mcnt.t ;1l1d S:Or2~ C'It 1i;;.mc 4.:'! the' rcspOM5ibili~1 of ~he' DUY:::. ?'or:;1c.:uiol1 of .~hct"r:t~~,
c.ar:.1:lge:s. il~d/or ddc~ei'/~ "'1,,!~;1(;,:~iaI5 must b~ made ro :vt.JSON-NORTON COMP.~~Y, INC.. :~''; C::ty n( ,ldivcry, M.:.!.::.i-ial
ddivenc.s 2.!~ :li.ll t... be ~fu..."ed under. ony crr:-um.<;t:al1c!::'s. Adckd c.h:lrgr:-s for rdi.lsro sbpl':'H:r:rs"l.lotil1 be kvok~d ro you,
l.:l ~SON-NOR,[ON CO~'y!P.~;'\..o-Y INC_ .~h;111 nor be lidble For <l.nY loss. d:amage. dctc:idon nr dd;:.y Clu~::d by f~~ighr :".;;mag~~,
.'ihnrtag:;.~, def~,~;vc or incor,ec:r rr,;1:criJl. 0f by circ::u.m.'>'l';mccs beyond rhcir c:lmT"'JL Dcljve~y d:H.:.s Jr:.' dcpcrll:!~n~ ll::-on :l'l~
pCl.[orm~n.:c of others, so s.~ey ill' given :to.. probable. 11,,1 :lS :1. s;uQ,[~nr~ of pc:f~rm.ince, . .
'~'ht': ~'ct'tp~:tl1ce of t;.~is auor:tcian by ~ ,o;ignt'Hurc hcrc-nn. bv teleohone. F':tcsimile, 'YIi.n:.:n pl!~c.:n:1.SC orJer or St.:.1:H:Qr:::-:I~:. shall
'QI"..5titurc a cnn(Tilct of s~lc tin Iy :r.rtcr wnHrn :l.l::know!~dg::";cnr by MASON"NORTON c'OMPA1'-'Y. Jc-.-C. Ch<<ngc orden>;u-c
Jc~ptcd under ,be: onginaf c~rrn.::; unc cnndicion:; of OL:T OTJc:'i Ad:..'"lowlcdgmcnc.
R. This quet;!.(\nn s.n.1H b<: dee.rr.::J. ~ ?.a.r:: (If rhc: a.grcC'mem h~['W'::=n tv1ASON-NORTON COMI'A~ry. INC. :md ehe buyer eve:':
if no' spcciHClIlly men,iond ,n .ny w,i".n of vcrb.1 D,der given '0 MASON.NORTON COMPANY, !NC. by ,he buy.r.
9. A W1'irrcn .cknowicdgemcnr iivm MASON-NORTON COMPANY. lNC. ,haJl consri"", an ""cepC'.ncc 0" d\c eOMrac' in
C,mbc,l.nd COlin')', PCMsyiv',mi", M,~ON-NOR:rON COMPAc'lY, !NC. will only perfo,m nn ,bc (,,,,,i,, "f rbe ",m.' ond
conditions nCN::ln. -S.t".lced. which ret'm.s shall govern, in c~e ()( conflictS bcnvel:n [he bUyt=r's order ::nd this quotation. Ar.r contract
\:h(~~1 devdop." From thl!> qllot~lcion may be .:1$signcd to ~ chird parry r~r },;l.ndlins and/or collection or the: ~c~".Ol!m '\-Virnoue any
j,."b,h')' on ,he ptltr of MASON-NORTON COMP^,'<Y, f:>le. .
10. Term5 of cayment arc 30 d:1Ys- nct. after dare of invoice. on rull IU ~rri:a..! shiDmcnrs and intcl"C'st v.;l! h~ charged. at the; nee of
12% ann~t1y (,In aU ovcr due aC;:t;ounts. No wJ.ivcr ofparm~nE [crms will ne gl.lilccd for any Teo:U;on if nl,)( rcq-ucsrcd h1. writing
before rhe 30 d~)'S e"Pi,..
In ,he .....nr ofdefou!t of rhe p.ymcnt nF ony sum' .due hc",uodct. and upoo 'hc "<:cessi')' nfMASON.NORTOS COMPANY,
rN(.. pl;ldtltl the eolkction ot'such .ums in rhe hands or an ,ttorncy up~n:'dcF.:ulr. MASON.NORT<?N COMPANY, INC.
,holl ~ .ntided to 'elmbursernenr of all rCll3on.ble and ne=",'7 .norney. k" Ine\lt~d for rhe colleenan of the .elmc, .nd oil
cOSt~ a.r'ld. cxpensc,i of t....ullct:tic:lo. which ;zmClLmC shalf be in 3ddicion to aU ocher sums due :md owing h(:reundel'.
1\, Waive, and Rd=cs of Lien< will no, be executed by MASON-NORTON COMPANY, INC. until full paymen" '1'e receivl:d.
\2. MASON-NORTON COMPANY, fNC. ,"coprs nO p""iol p.ymenC3, notainog.... liquidated dam~., or backch"l]:'" wichcur
prcvious wl.il.n:o nocificarion (If problem and their coses. Any cf1;tl"gcs MUST bave: the writtt:.'"l :;I.cceptomc::c .,r tvlASOr--:....
NORTON COMPANY. TNc.
10 ~Ut' Cu.$tonv:r...: Thc:.Sc [crms <ind conditton., h:rvc dC"IC'lopcd &."YeT m.."tny j"C'3rs OlI1d <ire stated to d:arify che :1billcics and.
po,i,ion of ,'-'fASON-NORTON COMPANY, INC. as . m.nuf.crurc:r's >ge"'. We ba.ve nn inrencon of negleering you. On the
conrr.:lry, "\N'e llSUfe:!Yuu of our eoopCf::l.tion ;rnd ::lid. cspcci:;lIy wh:'l1 2. prQblel'n :ltfscs. . - ./
--F.:t"_' ~;- ~You FILE COpy ,J
'.
Re.... Ol(l~
"
{
MASON-NURTON COMPANY, INC.
SPECIAL TY CONSTRUCTION PRODUCTS
For the Commercial Construction Industry
INVOICE
f(~, 1J}! [P" rr
~ \--"~ ~~:,:)
'--.... ---~/.
GEORGE O. PREBLE - PRESlDENf
310 S. TENTH ST.,LEMOYNE PA 17043
PHONE: 717-737-4558 FAX: 717-761-8287
To:
R.T. REYNOLDS, :NC.
P.O. BOX 5238
HBG, P~. 17l1D
Sales Rep 10
MJR
Invoice Date:
4/23/03
Invoice Number:
20401-13
Shipped To:
~.~P.11S C:) ~_D1jLT ::ORR FP-.C::::"ITY
:699 G?~N~TE S:~:ION RD
GETTYS3~RGf PA 17325
TERMS OF SALE: 30 DAYS NET: 1% INTEREST PER MONTH ON OVERDUE ACCOUNTS
Customer ID- Date Shipped Shipped Via COL PP F.O,B, Point Terms Your Order Number
RT
,~' - -="-,<..
. I - ~ /:"-;
.." ~-'-l ,,_
?\:c.:DSTF.R
:,
?!;..C7:?'~-
....~ = ;:C Say's
,., ~",..- , --
',-J'._':'::: -
Description
Amount
S~:iJ?I':'Y r<::::,?C?S :.:?: =--~. .:..~: ~';.:.S::FDC>l ]:.5 ?S? c/o QL'CTS
"' - -, -, ,~-
.L~ f:)~ I . i.,' ~
':'P-.X EXEI"1P~
PLEASE PAY FROM THIS INVOICE
Subtotal
Sales Tax
Total Invoice Amount
Payment Received
TOTAL
11,527.CC
11,527.0C
0.00
1l,527.0C
BE ADVISED TI-lAT IF THIS INVOICE GOES
BEYOND OUR TERMS OF PAYMENT, IT Will BE
NECESSARY UNDER THE BONDING
REQUIREMENTS TO NOTIFY YOUR BONDING
COMPANY, ARCHITECT, OWNER AND OTHERS
ON THE SIXTIETH DAY FROM THE DATE OF
THIS INVOICE,
NO PARTIAL PAYMENTS, RETAINAGES, BACKCHARGES OR
LIQUIDATED DAMAGES MAY BE DEDUCTED FROM THIS
iNVOiCE WITHOUT PRiOR WRITTEN APPROVAL,
8-"'~'\\ \=-
FEDERAL ID #23-2984 787fJ l E
COpy
MATERiA:L
QUOTATION
(BLUE)
1952
(~) (~O A'\\/ii
i (\\i~)1
'0'\~U U
MASON - NORTON COMPANY, INC. I
MATERIAL
QUOTATION
(BLUE)
GEORGE O. PREBLE l:: OFFICE, 310 $, TENTH ST. WAREHOUSE, 312 S. TENTH ST.
PRESIDENT 2002 LEMOYNE, PA 17043
SPECIALTY CONSTRUCTION PRODUCTS, FOR THE COMMERCV\L CONSTRUCTION INDUSTRY
PHONE 717-737-4558 Our E-mail address is as follow" FAX, 717-761-8287
sales@mason-norton.com
DATE, October 22. 2001
January 28. 2002
March 4. 2002
March 6. 2002
1 OF ?
CONFIRMATION
\'Cc arc pleJsed ro quote you for furnishing only the following marenals, In types, quantities, sizes and acc~ssorie5 as srated..Al1 items not specif-
ically lis red are expressly excluded, J'vL-\$ON-NORTON COMPANY, INC. "Insrallarion Quorarion" will be arrached where applicable,
ANY KlND OF TAXES ARE NOT INCLUDED
TO:
Kamand Const., Inc.
c/o Mike Rutherford
Rev.:
Rev.:
Rev.:
SHEET
PROJECT:
LOCATION:
OUR QUOTE:
ADDENDAS:
Donegal Springs Elem. Sci
Mt. Joy. PA
1023-01
#1.#2,#3.#4.#5,#6
"PACKAGE PROPOSAL"
#10 CUBICLE TRACK: (SECT. 10191)
35 - lin. ft. of cubicle track, including carriers and special
"Pallas" curtains
For the sum of ---- -------------- -------- $1.400.00
112 COAT RACKS: By Magnuson (SECT. 10900)
Coat racks Co be Iws01 shelf type including hanger bar:
1 - 4'0" Long 1 - 3'4" Long
For the sum of ------------------- ------
NOT INCLUDED: Hangers.
$ 300.00
#13
WALL SAFES: By Meilink
"VOLUNTARY ALTERNATE"
2 - Iwv-1011 in-wall safes,
Inside = II" W X 8 3/8" D X 9 1/2" H,
in a standard finish
For the sum of
QUALIFICATION:
$
900.00
Quoting a Voluntary Alternate as our
isn't listed in the Specs. Mosler-
Schwab doesn't make wall safes.
manufacturer
out of business.
114 MAILBOXES: By Auth Florence
80 - 5" H X 12" W doors of 11700 Series rear loading mailboxes
with open back for private distribution (not USPS approved).
US28 natural anodized finish aluminum. single dial combo
locks. engraved numbers. snap trim to be installed by
General Contractor
For the sum of
EXCLUDED: Rack ladders (not available on this series).
$2.900.00
D",..... ....,....,..............,......,.........,.. ,....................,..,.. 20.......... MASON-NORTON COMPANY, INC.
AMJk,t;;;:;;........... ............... ..."............................... By..~~J:..11~~.~~;:,:t~t.i,;~
FORM, MQB-302 SEE TERMS AND CONDITIONS ON REVERSE SIDE E~'~ ~r..,$
MATERIAL
QUOTATION
(BLUE)
1952
. ...-..", :--~.~\
, i /-"'\ \. '
\ ;~ _ (i<~_)) ,~~. \ \
~ \.-e:.:./ U u
MATERIAL
QUOTATION
(BLUE)
MASON - NORTON COMPAN1r, INC. I
GEORGE 0, PREBLE 12002
PRESIDENT L
OFFICE, 31O S. TENTH ST. WAREHOUSE, 312 S, TENTH ST.
LEMOYNE, PA 17043
SPECIALTY CONSTRUCTION PRODUCTS, FOR THE COMMERCIAL CONSTRL'CTION INDUSTRY
PHONE, 717-737-4558 Ou, E-mail address is as follow" FAX 717-761-8287
sales@mason.norton.com
TO:
Kamand Canst., Inc.
c/a Mike Rutherford
DATE:
Rev.:
Rev.:
Rev.:
SHEET
PROJECT:
LOCATION:
OUR QUOTE:
ADDENDAS:
Donegal Springs Elem. Sch.
Mt. Joy, PA
1023-01
#1,#2,#3,#4,'5,#6
October 22, 2001
January 28, 2002
March 4, 2002
March 6, 2002
? OF ?
CONFIRMATION
\X/e are pleased (0 quore you for furnishing only the following matenals, In types, quantities, sizes and accessories as stated. All items nOt specif-
ioUv li5[ed are expressly excluded. !vlASON-NORTON COMPANY, INC. "Inscallarion Quorarion" wiU be a[[ached where applicable.
ANY KIND OF TAXES ARE NOT INCLUDED
"PACKAGE PROPOSAL"
#15 KILN: By AACCO
~'HFI0l kiln, 208V, 3-phase
For the sum of ---------------------------------------------------------- $2,600.00
TOTAL OF ALL ITEMS LSITED -------- --------- - $8,100.00
6% PA SALES TAX --- $ 486.00
TOTAL ----- $87586.00
FINAL NOTE: Confirming letter-of-intent dated 3-6-02.
Da[c.,,,....,
............................,...,.........,.,...,............, 20..........
MASON-~' INC. ~
BY....w..,....,....,.................~, -1:,........~,..........
Michael J. Rud~'sales Representative
SEE TERMS AND CONDITIONS ON REVERSE SIDE
Accepted..........
MJR/kms
FORM, MQB.302
MATERlAL
QUOTATION
(BLUE)
1952
~ ,0', r=:"<;\ //
(i r i 'I.: '-~ /. \...
. I, /.Ir- I!
~.\~j U U
MATERIAL
QUOTATION
(BLUE)
MASON - NORTON COMPAN1r, INC. I
GEORGE 0, PREBLE 12002
PRESIDENT L
OFFICE, 310 S. TENTH ST. WAREHOUSE, 312 S, TENTH ST
LEMOYNE, PA 17043
SPECIALTI CONSTRUCTION PRODUCTS, FOR THE COMMERCIAL CONSTRUCTION INDUSTRY
PHONE, 717-737-4558 Our E-mail address is as follow" FAX, 717-761-8287
sales@mason-norton.com
TO,
Kamand Canst.. Inc.
c/o Mike Rutherford
DATE,
Rev.:
Rev.:
October 22. 2001
March 18. 2002
March 25. 2002
CONFIRMATION
1 OF ]
PROJECT:
LOCATION,
OUR QUOTE,
AD DEND.-\.S ,
Donegal Springs Elem.
School
Mt. Joy. PA
20590
#1.#2.#3.#4.#5.#6
SHEET
\Ve are pleased ro quote you for furnishing onl;. the following materials, in types, quantities, sizes and accessories as stated. All irems nor specif-
iCdll:' liS(cd are expressly excluded. I"L"SON-]';ORTON CO\IP.\NY, [Ne. "Insrallation Quotation" will be attached where applicable,
ANY KIND OF TAXES ARE NOT INCLUDED
"CHANGE ORDER"
13 SITE SIGN: By Poblocki & Sons (SECT. 10430)
1 - 104" X 40" H exterior message board, Model "F". recessed in
masonry. interior illuminated, polycarbonate glazing, caw
locks. changeable letters, in a clear anodized finish
For the sum of --------------- $4,700.00
6% PA SALES TAX --------------- - $ 282.00
TOTAL ------------ ------------------------------- $4,982.00
NOT INCLUDED: Header panel. laminated glass, and 16" Depth.
FINAL NOTE: Confirming P.O. 101100-P010.
Dare......
hhh'hh::h20h :::~~~~
SEE TERMS AND CONDITIONS ON REVERSE SIDE
.. e'sentatIve
A'MJR1kiiiS'"
FORM, MQB-302
Michael P. Kadllak
Presldent CEO
~~KAMAND
~ CONSTRUCTION. INC.
J. Michael Rutherford
Vice President,
WIlliam J. Monna
Executive VIce President
ii),rII...~Mx~~
~""-",,\,,q
Date: March 14, 2002
Job Name: Donegal Springs Elementary
Kamand Job #: 01100
Kamand Project Manager: Michael Rutherford
Job Site Contact: Tim Ferguson
Job Site Address: 1055 Koser Rd.
Mount Joy, P A 17552
Job Site Phone: "Will Advise"
Supplier Name: Mason Norton Company, fnc.
Supplier Contact: Mike Rudy
Supplier Address: 310 South Tenth Street
Lemoyne, PA 17043
Supplier Phone: (71 7) 737-4558
Supplier Fax: (717) 761-8287
FOB: X Job Site
Factory
PURCHASE ORDER #01100-P010
Cubicle Curtain, Mailboxes, Coat Rack, Wall Safe
and Kiln with Exhaust System
Approximate Unit
Ouantitv ltem Description Phase # Price Price
35lf Cubicle curtain and track 10191 $40.00 $1,400.00
1I0t Mailboxes 10552 $2,900.00
1I0t Coat racks 10900 $300.00
2ea, Wall safes 11020 $450.00 $900.00
1 ea. Kiln and exhaust system 11500 $2,600.00
1 ea. Illuminated site sign 10430 $4,700.00
Subtotal:
Tax:
Total:
$12,800.00
$ 768.00
$13,568.00
'_"? ^j C c' " 7
> '......;., . .) L...' '.'t..
203 Lynndale Court, Mechanlcsburg. Pennsylvania 17050
Phone (717) 691-9350 -> Fax (717) 691-9790
EI'-\n ,\.\ 'i- \1
Purchase Order
Page 2 of3
Addenda:
JL Dated: July 23,2001
..R.. Dated: August 1, 2001
-.ifl... Dated: August 9, 2001
...11L Dated: October 1, 2001
~ Dated: October 16, 2001
~ Dated: October 18, 2001
No Addenda Apply
Specifications:
Spec Section # 10191
Spec Section # 10430
Spec Section # 10552
Spec Section # 10900
Spec Section # 11020
Spec Section # 11500
_ No Spec Sections Apply
Drawinf!s:
Description: Cubicle Curtain
Description: Hluminated Site Sign
Description: Mailboxes
Description: Coat Racks
Description: Wall Safes
Description: Kiln & Exhaust Svsten]
Sheet #s: CA3.1. A3.2, A3.3, A5.5, A6.8, AIO,l, AIO,2 & AIO,8
No drawings apply
Payment Terms:
-X-
Submittals:
~
~
~
~
~
~
Notes:
...x.
Net 30 days
Net _ days with ~% discount
Other:
Provide 10 Copies by April2"d, 2002
Catalog Cuts
Descriptive Data
Shop Drawings
Samples
W arrauties
o & M Manuals
MSDS Information
Other:
Materials Quantity will be verified by Kamand Construction Inc,
Superintendent. !ill. NOT SHIP APPROXIMATE QUANTITIES!
Delivery date will be verified by Kamand Construction Inc.
Superintendent.
~,-- ~-,
!~!I-l'!) .,
, l.
5 C,""1
iv'l;t.
Purchase Order
Page3 of 3
Ship as soon as possible,
RUSH SUBMITTALS! Kamand Construction Inc, Project Manager
will review and release order.
-L Sales Tax included.
Sales Tax not included,
-L Damage during shipment is the responsibility of the Supplier. Damaged
materials will be returned for replacement or credit at .!!Q extra chare-e
to Kamand Construction Inc.
-L Completion date is Mav 30. 2003.
-L Liquidated damages apply to this Purchase Order and are $1,000,00
per day or as assessed.
Supplier
Goo . Ie -------
3- 2~ -Zt.lJ} President
(Primed NtiiNG 'JP'f Title)
COlt tractor: Kamaltd Coltstruction, lltc.
11 " ".., ')/7
AlIthorized, / /
igllalllre: ~, ~ ( _/-.J .J
I~J
Michael P. Kodilak, Presidellt
(Prillted Name alld Title)
Authorize
Signature.
Date:
Date: Vf ;;1;1- (Z--'" z..-
JAN-28-2004 14:17
. ,.
PURCELL,KRUG & HALLER
717 233 1149 P :02/'02'
VERIFICATION
COMPANY NAME: MASON-NORTON COMPANY, INC.
I verify that the statements made in the foregoing Complaint are true and correct,
I understand that false statements herein are made subject to the penalties of 18 PA
C.S, 54904 relating to unsworn falsification to authorities.
Dated: January 30, 2001,
Title George O. Preble
PRESIDENT
TOTAL P.02
70 P "9.
i\:. 1 Crt
~
(") .....,
= 0
Crt c: G'
--- <': ...- -n 8
...J::: - D ;_I:~~-~ ~p1
)..J -...
~ r"1
....0 r! ;~~ C'.:l
---
Cn ..c:. I :R~
-.., w
- -..0 ~~ ~~~ S
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>.F!.. -~ Q~
-<g ~-
- O'
'Y .. -I
=., "t.
-< U1 <,,,
U1 ::<.
ELLSWORTH, CARLTON, MIXELL & WALDMAN,
BY: ROBERT T. CARLTON, JR., ESQ.
Attorney I.D. No.: 25050
1105 Berkshire Boulevard, Suite 320
Wyomissing, PA 19610
(610) 374-1135
P.C.
Attorneys for Defendant
Zurich North America
MASON NORTON COMPANY, INC.
Plaintiff,
COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
ZURICH NORTH AMERICA
Defendant.
NO: 04-451 CIVIL TERM
ENTRY OF APPEARANCE
TO THE PROTHONOTARY:
Kindly enter this firm's appearance on behalf of Defendant
Zurich North America in this civil action.
Ellsworth, Carlton, Mixell
& Waldman, PoCo
By:
Robert T. Carlto , Jr.
~
-/J - >-
/~I
Attorneys for Defendant
Zurich North America
March 1, 2004
ELLSWORTH, CARLTON, MIXELL & WALDMAN,
BY: ROBERT T. CARLTON, JR., ESQ.
Attorney I.D. No.: 25050
1105 Berkshire Boulevard, Suite 320
Wyomissing, PA 19610
(610) 374-1135
P.C.
Attorneys for Defendant
Zurich North America
MASON NORTON COMPANY, INC.
Plaintiff,
COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
ZURICH NORTH AMERICA
Defendant.
NO: 04-451 CIVIL TERM
CERTIFICATE OF SERVICE
I, Robert T. Carlton, Jr., Esquire, certify that on March 1,
2004, I caused a true and correct copy of the foregoing Entry of
Appearance to be served by first class mail upon:
John W. Purcell, Jr., Esquire
Purcell, Krug & Haller
1719 North Front Street
Harrisburg, PA 17102
~7~
Robert T. Carlton, Jr.
n --' C)
c:_~
C. c:~.) -n
-,,-
-';'~
_:{1
I
['0-.)
-n
r:-?
'<..., c.....)
,
-.... (...J
ELLSWORTH, CARLTON, MIXELL & WALDMAN,
BY: ROBERT T. CARLTON, JR., ESQ.
Attorney I.D. No.: 25050
1105 Berkshire Boulevard, Suite 320
Wyomissing, PA 19610
(610) 374-1135
PoCo
Attorneys for Defendant
Zurich North America
COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
MASON NORTON COMPANY, INC.
Plaintiff,
v.
ZURICH NORTH AMERICA
NO: 04-451 CIVIL TERM
Defendant.
NOTICE TO PLEAD
TO: John W. Purcell, Jr., Esquire
Purcell, Krug & Haller
1719 North Front Street
Harrisburg, PA 17102
Attorneys for Plaintiff
You are hereby notified to file a written response to the
enclosed New Matter within twenty (20) days from service hereof or
a judgment may be entered against you.
Ellsworth, Carlton, Mixell
& Waldman, P.C.
BY:~
Robert T. Carlton, Jr.
Attorneys for Defendant
ELLSWORTH, CARLTON, MIXELL & WALDMAN,
BY: ROBERT T. CARLTON, JR., ESQ.
Attorney 1.0. No.: 25050
1105 Berkshire Boulevard, Suite 320
Wyomissing, PA 19610
(610) 374-1135
P.C.
Attorneys for Defendant
Zurich North America
COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
MASON NORTON COMPANY, INC.
Plaintiff,
v.
ZURICH NORTH AMERICA
NO: 04-451 CIVIL TERM
Defendant.
DEFENDANT ZURICH NORTH AMERICA'S ANSWER AND NEW MATTER
Defendant Zurich North America answers the correspondingly
numbered paragraphs of Plaintiff Mason Norton Company, Inc.' s
Complaint as follows:
1. Admitted.
2. Admitted.
COUNT I
3. Zurich incorporates by reference the averments of its
answers to paragraphs 1 and 2 of Plaintiff's complaint.
4. After reasonable investigation Zurich is without knowledge
or information sufficient to form a belief as to the truth of the
averments of this paragraph.
5. After reasonable investigation Zurich is without knowledge
or information sufficient to form a belief as to the truth of the
1
averments of this paragraph.
6. Denied. It is denied that Zurich executed and furnished
the payment bond. Moreover, the payment bond, being in writing,
speaks for itself and to the extent that the averments of this
paragraph are inconsistent therewith, those averments are denied.
7. After reasonable investigation Zurich is without knowledge
or information sufficient to form a belief as to the truth of the
averments of this paragraph.
8, After reasonable investigation Zurich is without knowledge
or information sufficient to form a belief as to the truth of the
averments of this paragraph.
9. After reasonable investigation Zurich is without knowledge
or information sufficient to form a belief as to the truth of the
averments of this paragraph.
10. After reasonable investigation Zurich is without knowledge
or information sufficient to form a belief as to the truth of the
averments of this paragraph.
11. After reasonable investigation Zurich is without knowledge
or information sufficient to form a belief as to the truth of the
averments of this paragraph.
12. After reasonable investigation Zurich is without knowledge
or information sufficient to form a belief as to the truth of the
averments of this paragraph.
13. After reasonable investigation Zurich is without knowledge
2
or information sufficient to form a belief as to the truth of the
averments of this paragraph.
WHEREFORE,
Defendant Zurich North America demands that
judgment be entered in its favor and against Plaintiff Mason Norton
Company, Inc.
COUNT II
14.Zurich incorporates by reference the averments of its
answers to paragraphs 1 and 2 of Plaintiff's complaint.
15. After reasonable investigation Zurich is without knowledge
or information sufficient to form a belief as to the truth of the
averments of this paragraph.
16. After reasonable investigation Zurich is without knowledge
or information sufficient to form a belief as to the truth of the
averments of this paragraph.
17. After reasonable investigation Zurich is without knowledge
or information sufficient to form a belief as to the truth of the
averments of this paragraph.
18. Denied.
It is denied that Zurich executed and furnished
the payment bond. Moreover, the payment bond, being in writing,
speaks for itself and to the extent that the averments of this
paragraph are inconsistent therewith, those averments are denied.
19. After reasonable investigation Zurich is without knowledge
or information sufficient to form a belief as to the truth of the
averments of this paragraph.
3
20. After reasonable investigation Zurich is without knowledge
information sufficient to form a belief as to the truth of the
or
averments of this paragraph.
21. After reasonable investigation Zurich is without knowledge
or information sufficient to form a belief as to the truth of the
averments of this paragraph.
22. After reasonable investigation Zurich is without knowledge
or information sufficient to form a belief as to the truth of the
averments of this paragraph.
23. After reasonable investigation Zurich is without knowledge
or information sufficient to form a belief as to the truth of the
averments of this paragraph.
24. After reasonable investigation Zurich is without knowledge
or information sufficient to form a belief as to the truth of the
averments of this paragraph.
25. After reasonable investigation Zurich is without knowledge
or information sufficient to form a belief as to the truth of the
averments of this paragraph.
WHEREFORE,
Defendant Zurich North America demands that
judgment be entered in its favor and against Plaintiff Mason Norton
Company, Inc.
COUNT III
26. Zurich incorporates by reference the averments of its
answers to paragraphs 1 and 2 of Plaintiff's complaint.
4
27. After reasonable investigation Zurich is without knowledge
or information sufficient to form a belief as to the truth of the
averments of this paragraph.
28. After reasonable investigation Zurich is without knowledge
or information sufficient to form a belief as to the truth of the
averments of this paragraph.
29. After reasonable investigation Zurich is without knowledge
or information sufficient to form a belief as to the truth of the
averments of this paragraph.
30. Denied.
It is denied that Zurich executed and furnished
the payment bond. Moreover, the payment bond, being in writing,
speaks for itself and to the extent that the averments of this
paragraph are inconsistent therewith, those averments are denied.
31. After reasonable investigation Zurich is without knowledge
or information sufficient to form a belief as to the truth of the
averments of this paragraph.
32. After reasonable investigation Zurich is without knowledge
or information sufficient to form a belief as to the truth of the
averments of this paragraph.
33. After reasonable investigation Zurich is without knowledge
or information sufficient to form a belief as to the truth of the
averments of this paragraph,
34. After reasonable investigation Zurich is without knowledge
or information sufficient to form a belief as to the truth of the
5
averments of this paragraph.
35. After reasonable investigation Zurich is without knowledge
or information sufficient to form a belief as to the truth of the
averments of this paragraph.
36. After reasonable investigation Zurich is without knowledge
or information sufficient to form a belief as to the truth of the
averments of this paragraph.
37. After reasonable investigation Zurich is without knowledg
or information sufficient to form a belief as to the truth of the
averments of this paragraph.
WHEREFORE, Defendant Zurich North America demands that
judgment be entered in its favor and against Plaintiff Mason Norton
Company, Inc.
COUNT IV
38. Zurich incorporates by reference the averments of its
answers to paragraphs 1 and 2 of Plaintiff's complaint.
39. After reasonable investigation Zurich is without knowledge
or information sufficient to form a belief as to the truth of the
averments of this paragraph.
40. After reasonable investigation Zurich is without knowledge
or information sufficient to form a belief as to the truth of the
averments of this paragraph.
41. After reasonable investigation Zurich is without knowledge
or information sufficient to form a belief as to the truth of the
6
averments of this paragraph.
42. Denied. It is denied that Zurich executed and furnished
the payment bond. Moreover, the payment bond, being in writing,
speaks for itself and to the extent that the averments of this
paragraph are inconsistent therewith, those averments are denied.
43. After reasonable investigation Zurich is without knowledge
or information sufficient to form a belief as to the truth of the
averments of this paragraph.
44. After reasonable investigation Zurich is without knowledge
or information sufficient to form a belief as to the truth of the
averments of this paragraph.
45. After reasonable investigation Zurich is without knowledge
or information sufficient to form a belief as to the truth of the
averments of this paragraph,
46. After reasonable investigation Zurich is without knowledge
or information sufficient to form a belief as to the truth of the
averments of this paragraph.
47. After reasonable investigation Zurich is without knowledge
or information sufficient to form a belief as to the truth of the
averments of this paragraph.
48, After reasonable investigation Zurich is without knowledge
or information sufficient to form a belief as to the truth of the
averments of this paragraph.
49. After reasonable investigation Zurich is without knowledge
7
or information sufficient to form a belief as to the truth of the
averments of this paragraph.
WHEREFORE,
Defendant Zurich North America demands that
judgment be entered in its favor and against Plaintiff Mason Norton
Company, Inc.
NEW MATTER
50. Plaintiff's claims are barred in whole or in part by the
statute of limitations.
51. Plaintiff's Complaint and each Count thereof fails to
state any claim upon which relief can be granted.
52. Plaintiff's Complaint and each Count thereof is barred by
the Statue of Frauds, 33 P.S. ~ 3.
53. Kamand's liability as principal is primary and Zurich's
liability as Kamand's purported surety is secondary, accordingly
all of Kamand's defenses, set-offs and counterclaims to Mason
Norton's claims inure to Zurich's benefit and Zurich incorporates
those defenses, set-offs and counterclaims by reference.
WHEREFORE,
Defendant Zurich North America demands that
judgment be entered in its favor and against Plaintiff Mason Norton
Company, Inc.
Ellsworth, Carlton, Mixell
& Waldman, P.C.
BY:~~
Robert T. Carlt ,Jr.
Attorneys for Defendant
Zurich North America
8
VERIFICATION
I, Robert T. Carlton, Jr., state that I am counsel for
Defendant Zurich North America ("Zurich") in this civil action. I am
making this verification on behalf of Zurich because Zurich's
representatives are outside the jurisdiction of the court and the
verification of none of them can be obtained wi thin the time
allowed for the filing of this pleading.
The facts set forth in
the foregoing Answer and New Matter are true and correct to the
best of my knowledge, information and belief.
This verification is made subject to the penalties of 18
Pa.C.S. S 4904 relating to unsworn falsification to authorities.
Dated: March 24, 2004.
~
Robert T. Carlton, Jr.
ELLSWORTH, CARLTON, MIXELL & WALDMAN,
BY: ROBERT T. CARLTON, JR., ESQ.
Attorney 1.0. No.: 25050
1105 Berkshire Boulevard, Suite 320
Wyomissing, PA 19610
(610) 374-1135
P.C.
Attorneys for Defendant
Zurich North America
COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
MASON NORTON COMPANY, INC.
Plaintiff,
v.
ZURICH NORTH AMERICA
NO: 04-451 CIVIL TERM
Defendant.
CERTIFICATE OF SERVICE
I, Robert T, Carlton, Jr., Esquire, certify that on March 24,
2004, I caused a true and correct copy of the foregoing Answer and
New Matter to be served by first class mail upon:
John W. Purcell, Jr., Esquire
Purcell, Krug & Haller
1719 North Front Street
Harrisburg, PA 17102
~~
Robert T. Carlton, Jr.
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MASON-NORTON COMPANY, INC.,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
vs.
: NO.04-451 CIVIL TERM
ZURICH NORTH AMERICA,
Defendant
: CIVIL ACTION-LAW
RESPONSE TO NEW MATTER
50. Denied as a conclusion of law.
51. Denied as a conclusion of law.
52. Denied as a conclusion of law.
53. Denied as a conclusion of law.
WHEREFORE, Plaintiff requests this Honorable Court to enter Judgment in
favor of the Plaintiff and against the Defendant as more fully set forth in Plaintiff's
Complaint.
Respectfully submitted,
~.
Jo W. Purcell, Jr.
I . #29944
1719 North Front Street
Harrisburg, PA 17102
(717) 234-4178
VERIFICATION
COMPANY NAME: MASON-NORTON COMPANY, INC.
I verify that the statements made in the foregoing Response to New Matter are true and
correct.
I understand that false statements herein are made subject to the penalties of 18 PA
C.s. !i 4904 relating to unsworn falsification to authorities.
Dated:
3/3() /~t7(J'f
~
Title
George O. Preble
PRBSIDENT
CERTIFICATE OF SERVICE
I, John W. Purcell, Jr., Attorney for the Plaintiff Mason-Norton Company, Inc. hereby
certify that a true and correct copy of the foregoing was served on the Defendant by
forwarding said copy to their attorney at the following address, by first class U.S. Mail on
April 1, 2004:
Robert T. Carlton, Jr., Esquire
Ellsworth, Carlton, Mixell & Waldman, P.C.
1105 Berkshire Boulevard, Suite 320
Wyomissing, PA 19610
Attorney for the Defendant Zurich North America
--
WOLFF & SAMSON, PC
BY: ROBERT T. CARLTON, JR., ESQ.
Attorney 1.0. No.: 25050
Two Penn Center, Suite 1310
1500 John F. Kennedy Boulevard
Philadelphia, PA 19102
(215) 567-2877
Attorneys for Defendant
MASON NORTON COMPANY, INC.
Plaintiff,
v.
ZURICH NORTH AMERICA
Defendant.
COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO: 04-451 CIVIL TERM
ENTRY OF APPEARANCE
TO THE PROTHONOTARY:
Kindly enter this firm's appearance on behalf of Defendant
Zurich North America in this civil action.
January 3, 2005
WOLFF & SAMSON, PC
By4/~
Robert T. Carlton, Jr.
CERTIFICATE OF SERVICE
I, Robert T. Carlton, Jr., Esquire, certify that on December
30, 2004, I caused a true and correct copy of the foregoing Entry
of Appearance to be served by first class mail upon:
John W. Purcell, Jr., Esquire
Purcell, Krug & Haller
1719 North Front Street
Harrisburg, PA 17102
~ ~ Carlon, Jr.
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ELLSWORTH, CARLTON, MIXELL & WALDMAN, P.C.
BY: ROBERT T. CARLTON, JR., ESQ.
Attorney 1.0. No.: 25050
1105 Berkshire Boulevard, Suite 320
Wyomissing, PA 19610
(610) 374-1135
Attorneys for Defendant
MASON NORTON COMPANY, INC.
COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff,
v.
ZURICH NORTH AMERICA
NO: 04-451 CIVIL TERM
Defendant.
WITHDRAWAL OF APPEARANCE
TO THE PROTHONOTARY:
Kindly note this firm's withdrawal of appearance on behalf of
Defendant Zurich North America in this civil action.
Ellsworth, Carlton, Mixell
& Waldman, P.C.
~~ r- ~
BY~~/
Robert T. Carlt
Attorneys for Defendant
Zurich North America
December 31, 2004
CERTIFICATE OF SERVICE
I, Robert T. Carlton, Jr., Esquire, certify that on December
30, 2004, I caused a true and correct copy of the foregoing
Wthdrawal of Appearance to be served by first class mail upon:
John W. Purcell, Jr., Esquire
Purcell, Krug & Haller
1719 North Front Street
Harrisburg, PA 17102
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PRAECIPE FOR LISTING CASE FOR TRIAL
(:\tuSI be typewritten and submined in duplicate)
TO THE PROTHONOTARY,OF CDIBERL..>u"iD COUNTY
P~e3.se :ist :he following ~Jse;
rC:l~ck 'Jne)
for JLRY ~:j:ll J[ chc r!e:u :erm ,)1 ..::vil I..:oun.
(XX )
for trial without ~ jury.
---------------------------------------.--------------------
CAPTION Of CASE
(entire caption must oe staled In full)
(check one)
( A~iUm?S~t
( Trespass
MASON NORTON COMP~~, INC.,
) Tre!spass (~1c(or V~hicie)
\
,
(ocher)
(plalnufi)
ys.
The trial list will be called on
and
ZURICH NORTH AMERICA,
Trials comm,ence on
(Defend.nt)
Pretrials will be held on
(Briefs are due 5 days before pre-
trials. )
(The party listing this case for trial
shall provide forthwith a copy or the
p'raecipe to all counsel, pursuant to
local Rule 214-1.)
Ys.
~o. 04
Civil
451
XI9 2004
Indicate the J[torn~y who wtll try ;';JS~ ior the ?Jrty who liks this praecipe: John W. Purcell ~ Jr..
171Q l'Jnrt"n H"rnnt" ~rrPPt- H:::!-rr-i~hl1rg PA 17nl?
Indicate trial counsel'for other parties if k.nown: Robert T. Carlton, Jr..) Two Penn Center
Suite 1310, 1500 John F. Kennedy Boulevard, Philadelphia, PA 19102
D.ce: January 20, 2005
~2z
This i;;JSe is ready for criJ..l.
Sigr.ed:
'urc.p.] 1. Jr.
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MASON-NORTON COMPANY, INC.,
PLAINTIFF
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
ZURICH NORTH AMERICA,
DEFENDANT
04-0451 CIVIL TERM
ORDER OF COURT
AND NOW, this
I.VC-
day of February, 2005, a non-jury trial is
scheduled for Friday, March 4, 2005, at 9:00 a.m., in CIDurtroom Number 2, Cumberland
County Courthouse, Carlisle, Pennsylvania.
~
By the CQurt,
//
Edgar B. Bayley, J.
~W. Purcell, Jr., Esquire
1719 N. Front Street
Harrisburg, PA 17012
For Plaintiff
krt T. Carlton, Jr., Esquire
Two Penn Center Plaza
Suite 1310
1500 John F. Kennedy Boulevard
Philadelphia, PA 19102
For Defendant
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WOLFF & SAMSON, P.C.
BY: ROBERT T. CARLTON, JR., ESQ.
Attorney I.D. No.: 25050
Two Penn Center, Suite 1310
1500 John F. Kennedy Boulevard
Philadelphia, PA 19102
(215) 567-2877
Attorneys for Defendant
Zurich North America
MASON NORTON COMPANY, INC.
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
Plaintiff,
v.
ZURICH NORTH AMERICA
NO: 04-451 CIVIL TERM
Defendant.
PRAECIPE TO SETTLE. DISCONTINUE AND END
TO THE PROTHONOTARY:
Kindly mark the above captioned case settled, discontinued and ended.
PURCELL, KRUG & HALLER
WOLFF & SAMSON, P.C.
'''--j
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BY:-I()hnW'~Il~I.
LD. No.: 299 5
'--_ ' 1719 Front Street
Harrisburg, PA 17102
(717) 234-4178
//1P~.'
By: /' c;,:-t.." <:,?;-"J,/,
--- ---.- --
Robert 1. Carlto r.
LD. No.: 25050
Two Penn Center, Suite 1310
Philadelphia, P A 19102
(215) 567-2877
Attomey for Plaintiff
Attorney for Defendant
.