HomeMy WebLinkAbout94-04961
, '
"
:~
,.,,:1
, "'jt
I'
I
,
';~
'I
,~
1-"
I
, ~iJ
'~
,,'
, I
,
I
"
'II
,Ii'
"
"
~
n
<!
, '
I;
\~
'il
,,,
'~I!
~fi
.:~
'~
hi
,
1"1,
'~
OJ:
-j
c:
.9
1
j
"
1,'
,',
I,
"
"I
,
,I
\
"
(J
,~
,'~
f,~
,
'""',
"-
,
,',
,r
1,1
/
1//
(
~ I
I ., ,
I
J I
I
I','
i,
Hi
-
i I
:j
'!~1
'.')(
;;\~
,,1:'
,11
"
~,
,;
t:
~
0-
:r
,'I
.. \1
"'l .~"
-..J ',() \"/)
~ ,~ .'\" r\
rn
M -...J.. ~,
:r.:
(~,- t-~ '::t
.n C...,
0-' >' ':...J .......
','-oJ , J ......... '\(\
~
.J ''I"')
.....', -4- ,
~ \( ,-,:1"', \ , '".
Ji 'r<;
\ ), '\
- 1...,"',1 ~'.., ,
~
"
>>
jz Z I-
' ') w
Z ~.... 0
< < eo "
~ ~ ~ p.
~ r~"~ ~
:,. , ') i:
:S::i ~ ~
~ Z'~ Z
5 < ~ 'T
0.. 8 ~
..J
~
"
<
a;
~I
"
'"
'"
~
'"
J:
~
"
"
o
8 ~
.., "
'" -
, ~
'" -
.., ~
0, -
- "
r-.. ~
- "
t" fJ
'J
~
~
~
'i
NOT I C I A
Le han demandado a uBted en la corte. si usted quiere
defendersa de estas demandas expuestas en las paginas siguientes,
usted tiene viente (20) dias de plazo al partir de la recha de la
demand a y la notiticacion. Ustad debe presenter una epariencia
escrita 0 en persona 0 por abogado y archivar en la corte en
torma escrita BUS detensas 0 SUB objecionos alas demandas en
contra de su person~. Sea avisado que si uBted no se detiende,
la corte tomara medidas y puede entrar una oraden contra usted
Bin previo aviBo notiticacion y por cualquier queja 0 alivio que
es pedido en la peticion de demanda. Usted puede perder dinero 0
sus propiedades 0 ostros derechos importantes para usted.
LLEVE ESTA DEMANDA A UN ABODAGO IMMEDIATAMENTE. 51 NO TIENE
ABODAGO 0 SI NO TIENE EL DINERO SOFICIENTE DE PAGAR TAL SERVICIO,
VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION
SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SO PUEDE
CONSEGUIR ASISTENCIA LEGAL.
Court Administrator
Cumberland County Courthouse
4th Floor
1 Courthouse Square
Carlisle, PA 17013-3387
(717) 240-6200
POWELL, TRACHTMAN, LOGAN
CARRLE & BOWMAN
By c. ~;&~~
I. D. #15706
David W. Francis
I.D. 153718
114 North Second street
Harrisburg, PA 17101
(717) 238-9300
, !
I,
,
I,
, ,
,
POWILL, TRAClITMAN, LOOM, CARRtl I lOWMAN, P.C.
BY, C. GRAINGIR BOWMAN, ISQUIRI
ATTORNIY 1.0. NO, 1~706
DAVID W. FRANCIS, ISQUIRE
ATTORNEY I,D. NO. 53718
114 NORTH SICOND STREIT
HARRISBURG, PA 17101
(717) 238-9300
ATTORNEYS FOR PLAINTIFF
CCI CONSTRUCTION COMPANY,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY PENNSYLVANIA
v.
NO.
1994
A.J. CONFER CO.,
Defendant
COMPLAINT
1. Plaintiff, CCI Construction CO. ("CCI"), is a
Pennsylvania business trust, organized and existing under the
laws of the Commonwealth of Pennsylvania, with a place of
business located at 4720 Old Gettysburg Road, Mechanicsburg, PA
17055.
2. Defendant, A.J. Confer Co., Inc. ("Confer"), is a
Pennsylvania corporation, with a place of business at 3433 Graham
Avenue, Windber, PA 15963.
3. Plaintiff CCI is in the business of providing general
construction contracting services for, inter Alia, commercial,
industrial and institutional construction.
4. Defendant Confer is in the business of providing
plastering contracting services as a subcontractor to general
construction contractors.
5. On or about september 1, 1994, state colleqe Area
School District, Centre County, Pennsylvania, advertised for
proposals tor the general construation of the state College Area
Middle School to be located between the Panorama Village
Elementary School building and u.s. Route 322 spur in College
Township, Centre county, Pennsylvania.
6. The following plastering/drywall specifications were
contained in the project specitications for the general
construction of the state College Area Middlo School:
09215 - veneer plaster
09250 - gypsum drywall
09262 - gypsum sheathing
09270 - shaft wall systems
09290 - reinforced gypsum units
07240 - exterior insulation and finish
09521 - acoustical wall panels
09510 - acoustical ceilings.
Plus specifications relating to building insulation,
E.I.F.S. and joint sealers
7. Prior to the date set for the submission of bids by
general construction contractors, Confer submitted a written bid
to CCI for the performance of sections 09215, 09250, 09262,
09270, 09290, 07240, 09521, 09510, all related batt insulation
and all related caulking/scaffolding for a bid price of
$647,600.00, including tax and materials. A true and correct
copy of the A.J. Confer bid for the above described scope ot work
is attached hereto as Exhibit A, and incorporated herein by
reference.
8. In reliance upon the bid submitted by Confer, and in
order to win the award of the general construction contract for
the state College Area Middle School, CCI prepared its bid for
2
timely submission to the state College Area School District,
fully incorporating Confer's price proposal therein.
9. CCI made a timely bid tor the general con.truction ot
the state College Area Middle School. The State College Area
School District, having found that CCl was the lowest,
responsible bidder, awarded the contract tor the general
construction of the state College Area Middle School to CCI on
December 1, 1993. A true and correct copy of the agreement
between state College Area School District and CCI dated December
1, 1993, is attached hereto as Exhibit B, and incorporated herein
by reference.
10. On January 6, 1994, via telephone conversation, CCI
timely notified Confer that it would be awarded the subcontract
pursuant to its bid for the scope of work set forth in Exhibit A.
11. On February 7, 1994, CCI sent to Confer a subcontract
for the supply and installation of sheet rock, veneer plaster and
related items for the state College Area Middle School project in
the subcontract amount of $647,600.00, the amount bid by Confer
on the day of bid. A true and correct copy of the letter dated
February 7, 1994, is attached hereto as Exhibit C, and
incorporated herein by reference (with enclosures).
12. Subsequently, Confer failed and refused to execute the
above-referenced subcontract and to return follow-up phone calls
regarding the return of the subcontract.
13. Confer thereafter notified CCl that it could not and
would not agree to subcontract pursuant to the bid which was
3
submitted by Confer to CCI because of a mistake which Conter made
in bidding. Confer's notification to ceI was untimely in that it
occurred after CCI had submitted its bid to the state college
Area School District in reliance upon Confer's proposal, and
after the general contract was awarded to CCI.
14. CCI notified Conter that its attempted cancellation ot
its bid was wrongful, that it was obligated to perform the
sections of the specification on which it had bid at the price
bid, and that CCI would not accept Confer's attempted
cancellation of subcontract.
15. On May 9, 1994, CCI gave written notice demanding that
Confer execute the above-referenced subcontract in order to
maintain orderly progress of the project. A true and correct
copy of the May 9, 1994 letter is attached hereto as Exhibit D,
and incorporated herein by reference.
16, Confer refused and continues to retuse to execute the
subcontract for the performance of work as bid, thereby forcing
CCI to obtain the subcontracting services of replacement
subcontractors to perform the work which Confer refuses to
perform.
17. eCI has taken reasonable steps to mitigate its damages
by accepting the lowest bids of replacement subcontractors to
perform the work originally bid by Confer.
lB. Confer's default on its bid to eCI has resulted in
substantial damages to CCI, which include the cost difference
between tho defaulting Confer's original price and the re-
4
Exhibit A
:.
,..
';'
I'
Exhibit B
"
i
\
,
,',
State CoDe,e Are. MIddle L .001
.:oaunlulon Number tSSl
AGREEMENT BETWEEN OWNER AND CONTRACTQB
1lDSAOREEMENrmadethe I LLt d1yd
year Nineteen Hundred and -1\-l.hi I ~ - thJr I D j by and
1.9w.trn.iJ..uU
In the
between the State Collel1e Area
School District. Centre County. Pennsvlvanla. hereinafter called the Owner. and
CCI ConstructIon Comnanv, Inc.. hereinafter called the Contmctor. and heretnaner treated as
If of the singular number and neuter gender.
WHEREAS. the Owner has advertised for proposals as required by law for the General
Construction of the State College Area Middle School to be located between the Panorama
Vlllalle Elementarv School Bulldlnll and U. S. Route 322 Snur In Collelle Townshln. Centre
~lIntv. Pennsvlvanlll and has awarded a controct to the Contractor. who was the lowest
responsible bidder: and.
WHEREAS. the Contmctor has furnished payment and performance bonds to the Owner with
sulTlclent surety In the sum determined upon by the Owner conditioned for the fallhful
performance of the terms of this contract.
NOW. therefore. this agreement wllnesseth. that for. and In conslderatlon of the mutual
promises. covenants. and agreements by each of the parties hereto the other made. and each
party intending to be legally bound hereby. the parties hereto do covenant. promise and agree
as follows:
fiRST: The Contract Documents. which consist of: the Agreement Between Owner and
Contractor. Instructlons to Bidders. form of Proposal. Bid Bond. Contractor's Qualification
Statement. General Conditions of the Contract. Performance Bond. Payment Bond. the
DraWings. the Plans. the Speclflcatlons. all addenda Issued prior to execution of the
Agreement. all accepted alternates and all modlflcatlons thereto. and forms referred to therein
and collectively called the "Contract Documents". herein. are hereby Incorporated Into and
made a part of the contmct to the same extent as If they were herein fully set forth.
SECOND: Contractor agrees to furnIsh the labor. material. tools. machinery. equipment.
facUltles. supplies. light. heat. power. tests and transportation to do all things necessary for
the construction and complellon of the work: to secure all permits and licenses. to furnish
elTlclent business admlnlstrallon and superintendence: to have at the work whenever needed
and to keep then upon It at all urnes an adequate supply of workmen and materials. and to
secure Its executlon In the best. most workmanlike. expedltlOus and economical manner.
The Contractor. recognizing the relatlons of trust and confidence established between himself
and the Owner by the terms of this agreement. undertakes to furnIsh his best skJII and
Judgement and to cooperate loyally wllh the Archllectln forwarding the Interests of the Owner.
and to have no peculUary Interest. direct. or tndlrect. In the contract. or In lis performance
other than as disclosed In this agreement.
TIiIRD: Contractor further covenants and agrees that all said work and labor shall be done
and performed In the best and most workmanlike manner and that all and every of sold
materials and labor shall be In strict and entire conformity. In every respect. with sold plans
Y-l
.....~..;..- .-. '
State CoUe,e Area MIddle ~ .001
~mmluloD Number tSSl
and speclficatlons. and shall be subject to the approval of the OWner. or BRESLIN RlDYARD
FADERO ARCHITEcn3. and In case any of said material or labor shall be rejected by said
Owner or BRESLIN R1DYARD FADERO ARCHITEcn3. as defectlve or unsuitable. then said
malerlals shall be removed and replaced with other approved materials and the said labor
shall be done anew 10 the satisfaction and approval of Ihe said OWner or Its agents. at the cost
and expense of the Contractol'.
FOURrn: Contractor agrees to begin the on site work contemplated by this contract within ten
1I0) calendar days follOWIng receipt of a Nollce to Proceed and to Substantlally Complete tIle
same to the satlsfacllon and approval In every respect. of the aforesaid Owner. In accordance
with the schedule given In the form of Proposal. Contractor further agrees that If he shall faU
to Substanllally Complete the work In accordance with said schedule or such duly signed
extensions thereof as shall be granted In accordance with the conditions of this contract.
herein mentloned and made a part of this contract. then the Contractor shall pay to the OWner
or agrees to a deductlon from any funds due said Contractor from said Owner. not as a penalty
but as liquidated damages. the sum of TIfREE TIfOUSAND DOLLARS 1$3.000.001 per day for
each and every calendar day thereafter until such work shall be Substantially Completed and
accepted by the Owner. Liquidated damages for the first phase of Brandywine Drive shall be
FIVE HUNDRED DOLLARS (1500.001 per calendar day.
Substantial Completion shall be defined as the date certifIed by the Architect when the
constructlon Is sulTlclently complete. In accordance with the Contract Documents. so that the
Owner may occupy or utUlze the work or designated portion thereof for the use for which It 15
Intended. as expressed In the Contract Documents (as defined by Act No. 1978-317 of the
General Assembly of the Commonwealth of Pennsylvania).
Addltlonally the Owner shaH be entitled to a fixed sum of Two Hundred Dollars ($200.00)
liquidated damages for each and every calendar day that the full completion of the project
Including the List of DeficIenCies (Punch List) Is not achieved commenCing the slxtleth (60th)
calendar day after Substantlal Completlon until/un completion Is achieved.
Provided. however. that If the substanttal completion of this contract Is delayed by conditions
defined In Article 8 of the General Condltlons of the Contract. then and In such event the time
of substantial completion of this contract shall be extended for such additional time as shall
be caused by such delay.
Provided. however. that the Contractor herein shall within 20 days of such delay. If any.
request from the Architect In writing such additional time within which to complete the
performance of this contract.
FIFTH: The Contractor wl1\ not at any tlme suffer or permit any lien. attachment. or other
encumbrance. under any laws of the state or otherwise. by any person or persons whomsoever.
to be entered against or remain upon the building or prellUses. Into or upon which any work Is
done or by reason of any other claim or demand against the Contractor. and that he wUJ not
put any materials on said building to which he has not obtained absolute title: and that any
such lien. attachment. or other encumbrance. or claims of a third party. until It Is removed.
shall preclude any and all claims or demand for any payment whatever under or by virtue of
this contract. and In the event that same Is not removed. the Owner may remove the same at the
expense. including legal fees. of the Contractor.
SlX1l{: Contractor covenants and agrees to remedy. without cost to the Owner. any defects
which may develop within one (1) year from the date of substantial complellon of the contract.
for the work performed under this contract. provided saId defects In the Judgement of satd
OWner. or Its successors havtngJurlsdlctton In the premises. are caused by defective or lrIferlor
materials and workmanship: and the Performance Bond hereto attached and made a part
hereof. shall provide a guarantee In the sum of one hundred percentum (lOOOA>) of the total
contract price of the work done. for the correcUon and remedy of such defect.
Y.2
State r..oUe,e Area M'''''',.. .1001
CoaunlulOD Number tSSl
SEVENTH: No modification or changes of this contract shall be made excepl by written
Instrument. duly autllorlzed by th... Owner and consented to by the Contractor.
EIGHTIf: The Owner agrees. In consideration of the completion by Contractor of the work
contemplaled In this contract In strict accordance therewith to the satisfaction and acceptance
of the Owner. to pay to the Contractor the sum of
Eleven Million Five Hundred Forty.four Thousand Six Hundred Dollars
1$11.544.600.001
payment to be made as set forth In the General Conditions of the Contract. provlded. however.
that deductlons from or additions to said sum to be paid will be made upon the basis set forth In
the General Conditions of the Contract. It Is agreed that. If by any reason of alteratlon In the
plans or In the character of the work to be perfonlled under the contract. the quantity of the
work to be perfonlled shall be Increased or decreased. additions to or deductlons from the
contract price above mentioned shall be made In accordance with the accepted unlt price. If
any. agreed to In wrttlng by the OWner. and further that Contractor wtll make no claims for
loss of anticipated pronts If the quantities of any Items or work actually ordered to be done
shall be less than those set forth In the specifications or If any Item or Items set forth In the
speclflcatlons be entirely omitted.
Monthly. the Contractor should request payment for work completed. The monthly request for
payment on this contract shall be prepared for work completed to tlle 25lli calendar day of each
month. Monthly requests for payment shall be submitted the .l.51 calendar day of each month.
Retalnage shall be as deflned In Article 9 of the Geneml Conditions of the Contract.
NINTIf: This contract shall be binding on the parties hereto. their heirs. executors.
admllUstrators. successors and assigns.
TENrn: There shall be no changes or alterations from the orIginal plans. speclficatlons. or
contract documents without the wrttten consent of the parties to this contract as written
change orders by Owner as set forth In ArtIcle 12.1.
ELEVENTIf: Tenlls used In this agreement whIch are defined In the General Condltlons of the
Contract shall have the meanings designated In those conditions. The Contract Documents
whtch constitute the entire agreement between Owner and the Contractor. except for
modifications Issued after executlon of this agreement. are enumerated as follows:
(List below the Agreement Belween Owner and Contractor. Instructions to Bidders. Form of
Proposal. Bid Bond. Contractor's Qualification Statement. General Conditions of the Contract.
Performance Bond. Payment Bond. the Drawings. the Plans. the Specifications. all addenda
Issued prior to execution of the Agreement. all accepted alternates and all modlfh:atlons
thereto)
A. Agreement Between Owner and Contractor.
B. Instructions to Bidders and General CondItions of the Contract as set forth In the State
College Area Middle School Specifications dated September 13. 1993.
C. Bid Bond. Contractor's Qualification Statement. and Form of Proposal dated
October 22. 1993 With a Base Bid of$1l.175.000.oo.
D. Alternates accepted:
A-6
A-9
A-21
A-24
A.27
Add
Add
Add
Add
Add
$ 200.000.00
$ 21.300.00
$ 16.000.00
$ 31.000.00
$ 19.300.00
Y.3
State CoUe,e Area MIddle L .001
Commluloa Number 331
A.21 WAll. 5EcnONS AND DETAILS
A.22 WALL SEcnON5 AND DETAILS
A.23 WAll. SEcnONS AND DETAILS
A-24 WAll. 5EcnONS AND DETAILS
A-25 MISCELLANEOUS DETAILS
A.26 PLAN DETAILS
A-27 ENLARGED STAIR PLANS/SEcnONS/DETAlLS
A-26 ENLARGED STAIR PLANS/ELEVATOR PLANS. SEC'l10NS AND DETAILS
A.29 INTERIOR ELEVATIONS
A-30 INTERIOR ELEVATIONS
A-31 INTERIOR ELEVATIONS
A.32 INTERIOR ELEVATIONS
A.33 INTERIOR EU:."VATIONS
A.34 INTERIOR ELEVATIONS
A-35 FIRST FLOOR REFLECTED CEILING / AREA "A"
A.36 FIRST FLOOR REFLECTED CEDJNG/AREA 'B"
A-37 FIRST FLOOR REFLECTED CEDJNG/AREA "C"
A.38 FIRST FLOOR REFLECTED CEDJNG/AREA "D"
A-39 FIRST FLOOR REFLECTED CEIUNG/AREA "E"
A-40 SECOND FLOOR REfLECTED CEIUNG/AREAS "C" AND "D"
A-41 MILLWORK DETAILS
A.42 MILLWORK DETAILS
A-43 FIELD STORAGE BUILDING/COOUNG TOWER ENCLOSURE AND
MISCELLANEOUS LOW WALLS
A-44 FLOOR TILE PATTERN
A-45 FOOD SERVICE ARRANGEMENTS
A-46 FOOD SERVICE SCHEDULE AND NOTES
A-47 FOOD SERVICE ISOMETRICS
A.48 FOOD SERVICE DETAILS
.5.IRUCTURAL
S-l FOUNDATION/FIRST FLOOR PLAN/AREA "A"
S-2 FOUNDATION/FIRST FLOOR PLAN/AREA 'B"
S-3 FOUNDATION/FIRST FLOOR PLAN/AREA "C"
5-4 FOUNDATION/FIRST FLOOR PLAN/AREA "D"
S-5 FOUNDATION/FIRST FLOOR PLAN/AREA "E"
S-6 SECOND FLOOR AND LOW ROOF FRAMING PLAN/AREA "N'
S- 7 SECOND FLOOR AND LOW ROOF FRAMING PLAN/AREA 'B"
S-8 SECOND FLOOR AND LOW ROOF FRAMING PLAN/AREA "C"
S.9 SECOND FLOOR AND LOW ROOF FRAMING PLAN/AREA "D"
5-10 SECOND FLOOR AND LOW ROOF fRAMING PLAN/AREA ''E''
S-11 HIGH ROOF FRAMING PLAN/ARF.A "A"
S-12 HIGH ROOF FRAMING PLAN/AREA "8"
S-13 HIGH ROOF FRAMING PLAN/AREA "C"
S-14 HIGH ROOF FRAMING PLAN/AREA ''0''
S-15 SCHEDULES AND DETAILS
S-16 SCHEDULES AND DETAILS
S-17 FIELD STORAGE BUll.DING/CooUNG TOWER ENCLOSURE/
MISCELLANEOUS STRUCTURAL DETAILS
Drawings dated September 30. 1993:
SKA.1
SKA-2
SKA.3
SKA.4
SKA-5
SKA.6
ADA SIGNAGE . INTERIOR
FOUNDATION/FIRST FLOOR PLAN/AREA "A"
FOUNDATION/FIRST FLOOR PLAN/AREA "B"
SECOND FLOOR AND LOW ROOf/AREA "A"
MAKE.UP WATER STORAGE TANK
SUMP PIT DETAIL
Nl
. .
.'Itata eoue,. Area -....,.. ....AOOl
('''''--'-10lI HWIlber Ul
PARTNERSHIP
WITNESS:
(Name of Partnership)
Address
BY:
Partner
BY:
Partner
BY:
Partner
BY:
Partner
(SEAL)
(SEAL)
(SEAL)
(SEAL)
.......................................__...................................u..................................._....
PENNSYLVANIA BUSINESS TRUST
OeR7er~,'RgW
CCI Construction Co.
(name at {'4ItlllNUon)
4720 Old Gettysburg Road
Address
Mechanicsburg. PA 17055
ATrEST:
~_1J^_1~ ::
secretary/:8~\a::::\;n:l&..y --
~~~
BY:
,president Sr. Vice President
~ Shane A. Miller
(please type) Sr. Vice President
~ David K. Barber
(please type)
(CORPORATE SEALI
F.I
, '
Exhibit C
merclal Code. Should ~lJt)t:olllr,H:hll iHI!ilHlI nil or UII',' p;ltl
0' onv monflYs due or 10 buconw lhlll UfHtur HUH Conlrllcl.
10 croolo n nQW 50curlty Inlnro!.it or for nflV olher ~HH~HHiI1,
the hl51rumonl of B5BIgnmonl 5holl cOlllnl" u clau50 10 the
o"ocllhal Iho usslgnoo's rig hi In alld 10 OilY IllOIlOY due
or 10 bocomo duo 10 Iho Subconlraclor sllall be 5ublocl
10 tho clolms of all persons, rlrlllSlUllf corpolBltons lor uor.
VlC05 rcndorud or mulerlals 5upplllHJ for ttlu ptHlorrrulIH:e
of the Work under Ihls Subconlract nnd Ilrl~' ChanlJ(I
Orders.
5,1.8 PAYMENT NOT ACCEPTANCE, flaYlllolltlo 1110 Sub
contractor doe5 nol constltutu or Imply occoptllncc 01 ony
portion 01 Iho Subconlroclor's Wor~,
5.2 PROGRESS PAYMENTS
5.2.1 APPLICATION, Subcontractor'" appllcatloll lor ,Joy
monl shall be Itomlzed and supporled by 5ubstallllal"'n
data as requlrod In Ihe Contracl Documents lor Iho COil'
Iraclol's paymenl application, Subconlraclor's appllcallon
shall bo nolarlzed II required, Subconlracl poymelll ap'
pllcallons may Include paymolll requesls 011 account 01
properly aulhorlzed Conslructlon Cllango Dlrocllv05, Tho
Subcontractor's prograss paymonl application lor work
perl armed In the preceding paymonl porlod shall bo sub,
mltled to Ihe Contraclor por Iho terms ollhls Agreomont
and speclllcally Subparagraphs 5,1,1,5,2,2, 5.2,3, ane) 5,2,4
for aCDroyal o/lhlLConlraclor and t.towncr,-'t.
'owner s.Represent;a....'?~_u..!'!l9..-!leers
The Contractor shall forward, wllhout dolay, the approv,
od value to the Owner for payment.
5.2.2 RETAINAGElSECURITY. The ralo 01 relalnage shall bo
equal to Ihe percontago retalnud from Iho Contractor's
payment by Ihe Owner for Ihe Subcontractor's Work pro,
vlded Ihe Subconlractor lurnlshes a bond or othor sccu",
ty to Ihe satlstactlon of the Contractor,
IIlhe Subcontraclor has lurnlshed such bond or securi,
ty, 115 work 15 satisfactory and the Contracl Documonts
provide for reduction of retalnage at a specllled porcon
tage 01 complellon, Ihe Subcontractor's retalnage shall
also be reduced when the Subcontraclor's Work has at,
lalned Ihe same percentage of com plot Ion and the Con,
tractor's relalnage for Ihe Subcontractor's Work has beon
so reduced by the Owner. However If the Subcontraclor
does not provide sUf~ bond or securlly, the rate 01 ro,
talnage shall be , %.
5.2.3 TIME OF APPLICATION. n,e Subcontractor shall sub,
mil progress payment applications to the Conlractor no
later than the 20tl1.day of each paymont period lor
work perlormed up to and Including the ..:lOth. day 01
the payment period Indlcallng work completed and, to tho
exlent allowed under Subparagraph 5,2.4, malerlals
suitably stored during the preceding payment period
5.2.4 STORED MATERIALS. Unless olherwlse provided In
the Coalract Documents, and If approved In advance by
Iho Owner, appllcallons lor payment may Includo
malerlals and equipment not Incorporated In Iho Subcon,
traclor's Work but delivered to and suitably storod at tho
site or alsome other location agreed upon In wrlllng. Ap
proval 01 payment appllcallons tor such stored Itoms on
or off the site shall be condllloned upon submission by
the Suhconlractor of bills ot sale and appllcablo Insurance
or such other proceduros sallslactory to tile Owner and
CUllltllClor 10 l!t,l;tbllbtl till! UWIlIJt'1i 11th] 10 Midi nlillotlol5
Bod l!qlJlpnll!111 or ollwrWHil! proh~cllhf1 OWlllJr'ri and Con.
lraclor'!i IIIIl1tmil ttWH!lfl, Inc;ltJdlllll 1'(Jn~pmlllll()n to Ihe
~J Ill?
5.2.5 TIME OF PAVMENT. PIUUrC,," paYlllont" to the Sub.
contractor lor salltifactory pCIlormuflco ollhn Suhcontrnc.
lot'tj Work fihaH tJe Illude flO later ItHln tiUVtHl (I) duy!) aller
H!cl!lpl hy Hit.! (~onIHH;I{)f 01 paymenl from the Owner for
the Suhcontrllctor's WOlf...
5.2.6 PAVMENT DELAY. II fOI OilY roo son not tho laull of
ItllJ Subcontraclor, Iho Subconlractor docs nol rcCCIVU 0
progrC!Hi payment from the Contractor wilhln f;OYCn (7)
r.loJY~i nller 1tw datu such payment is duo, os defined in Sub.
paragraph 5,2,5, then tho Subconlractor, UpOIl giving an
addllional soven (7) days wrlllon nutlce 10 tho Contracter,
und wllhout projodlCo 10 und in addition 10 any olher logal
relllodlos, lIlay stop work unlll paymont oltho full alllount
oIVlng 10 tho Subconlraclor has boen rocolvcd, To Iho ox'
lont obtainod by Ihe Contractor unde' tho Contract
Documents, Iho contracl price shall be Increasod by tho
amount of the Subcontractor's reasonablo cosl 01 shut.
down, delay, nnd slart,up, which shall be offoclod by ap'
prop"ato Chango Ordor,
IIlhc Subcontractor's Work has been stoppod lor thlr'
Iy (30) days bocauso Ihc Subcontractor has not rocOlvod
progress paymfmts as reqUired hereunder, the Subc:ontrac.
lor may terminate this Agrcunlont upon gtVI'1g the Con.
traclor an additional seven (7) days Written nOlice.
5.3 FINAL PA VMENT
5.3,1 APPLICATION. Upon accoptance oltho Subconlrac,
tor's Work by (he Owner the Contractor, and il neces~ary,
thc Archiloct; and upon tho Subcontre"tor 'url1lshlng
oVldonco oltulllllmont of tho Subcontractor's obligations
In accordanco with tho Conlract Documents and Sub,
paragraph ~,3,2, tho Contraclor shall forward tho Subcon,
tractor'5 application lor Ilnal paymont withoul delay,
5.3.2 REQUIREMENTS. Boforo tho Contractor shall be re,
QUlred to forwnrd tho Subcontractor's application for 'IIlal
paymontto tho Owner, tho Subcontractor shall submit to
the Contractor:
(e) an affidavit that all payrolls, bills lor materials and
oQulpmenl, and olher indebtedness connected with
the Subcontraclor's Work lor which the Owner or Its
property or the Contractor or tho Contrnctor's surc,
ty might In any way bo Iiablo, have been paid or other.
wise satisfied;
(b) consent 01 surety to IInal pnyment, II required;
(c) satisfaction 01 roqulred closeout procedures;
(d) certlllcatlon that Insurance required by the Contract
Documents to remain In effect beyond final payment
pursuanl to Paragraph 13,415 In effect and will not
bo cancelled or allowed to expire wlthoul al loast
thirty (30) days' wllllen nollce to tho Contractor
unless a longor period Is stlpulatod In the Contract;
and
tc) other data II roqulred by Iho Contractor 01' Ownor,
such a5 rocelpts, rOloases, and waivers 01 liens to
the oxtonl and in such lorm as may bo doslgnnlcd
by tho Contractor or Owner, Final payment shall con,
stltute a waiver of all claims by Iho Subcontractor
rolallng to tho Subcontractor's Work, bul shall In no
way rollevo tho Subcontractor 0' Iiabillly for the
AGe DOCUMENT NO. !SOO. SLJOCON rnACT Fun FlUILDING CONSTHUCIION
6.) 1990, The As~oC.liJll!(l GOrH:nul CllnlraC'ljr~; 01 Aml'fICil
~,
Initials/Dat~
Initials/Date
1,1 DELAY, IIlhe progress 01 the Subconlraclor's WOlk Is
substantlolly delayod wllhoutthe laull or responslbllllY
ollhe subconlroctor, then Ihe time lor Ihe Subcontrac.
tor'a Worl< sholl be eKtended by Subcontract Change Order
or Subcontract Conslructlon Change Directive to Ihe eK'
tent obtained by the Contractor under tho Contract
Documents and tho Schedule 01 Work sholl be revlsod ac-
cordingly.
The Conlroctor shall not bo lIablo to tho Subcontraclor
lor any damagos or additional componsatlon as a conso'
quence of delays caused by any person not a party to this
Agreemanl unlaae the Contractor hue IIrst recoverad tho
same 01' behall of the Subcontrector Irom eeld person,
II being underslood and egreed by tho Subconlractor that,
apart Irom recovery from said psrson, the Subcontractor's
sole end exclusive remedy for delay shall be an extension
In the time for perlormance 01 the Subcontraclor's Work,
1.7 LIQUIDATED DAMAGES.lllhe Contract Documents pro.
vide lor liquidated or other demages lor delay beyond the
completion data set lorth In the Connecl Documonts, and
such damages ere aueued, then the Contractor may
eaeeae same against the Subcontractor In proportion to
the Subcontractor's shere 01 the responsibility lor such
delay. However the amount 01 such assessment shall not
exceed Ihe amount asseued agalnsl the Contractor.
Nothing set forth herein shall limit the Subcontrector's
lIablllly to the Contractor for Ihe Contractor's actual delay
damages callsed by the Subcontractor's delay. The Sub.
contractor shall be liable to the Contrector lor the Con.
tractor's actual damages caused by the Subcontractor's
delay.
ARTICLE 7
CONTRACTOR'S OBLIGATIONS
7.1 CONTRACT DOCUMENTS. Prior to executing this Sub.
contract, the Contractor shall make avalleble to the Sub.
contractor the Contract Documents which are binding on
the Subcontractor and set lorth In Pardgraph 16.5.
7.2 AUTHORIZED REPRESENTATIVE. The Contractor shall
designate one or more persons who shall be the Contrac.
tor's authorized representatlve(s) on.slle and off.slle. Such
authorized representatlve(s) shell be the only person(s) the
Subcontractor shall look to lor Instructions, orders and/or
directions, except In an emergency.
7.3 STORAGE APPLICATIONS. The Contractor shall ellocate
adequate storage areas, II available, lor the Subcontrac.
tor's materials end equlpmenl during the course 01 the
Subcontractor's Work.
7.4 TIMELY COMMUNICATIONS. The Contractor shall
transmll, wllh reasonable promptness, all submlltals,
transmlttels, end written approvals relating to the Subcon.
tractor'a Work.
7.5 NONoCONTRACTED SERVICES. The Contractor agrees,
except as otherwise provided In this Agreement, that no
claim lor non.contracted construction services rendered
or materials lurnlshed shall be valid unless the Contrac.
tor provides the Subcontractor notice:
(a) prior to furnishing 01 the services and materials, ex.
ceptln an emergency affecting the safety of persons
or property;
(h) In writing of such claim wllhln Ihroo dllYs 01 IIrstlur.
nlshlng such sorvlcos or matorlals; and
(c) tho wrlllon chargos lor such sorvlcos or rr,tollals
no laler than Iho f1f1oenth (15Ih) day 01 the Cb lfldar
month lollowlng that In which Iho claim orlgll ttod,
ARTICLE I
SUBCONTRACTOR'S OBLIGATIONS
1.1 OBLIGATIONS DERIVATIVE. Tho Subcontraclor binds
lIeoll to the Contraclor under this Agroementln the same
mannor as tho Conlractor Is bound to the Owner under the
Contract Documonts and will so bind lis lower.ller sub.
connactors. The Subcontractor shall make c.vallable to lis
10wo,..lor subcontractors tho Contract Documenls which
aro binding on the lowor-llor subcontractors.
1.2 RESPONSIBILITIES. The Subcontractor shall furnish all
01 the labor, malerlals, equipment, and servlces,lncludlng,
bul nolllmlled to, competent supervision, shop drawings,
samplos, tools, and scaffolding as aro necossary lor the
propar performance 01 the Subcontraclor's Work In strict
accordance wllh and reasonably Inlerable from the Con.
Iract Documents.
The Subcontractor shall provide a list 01 proposed sub.
contractors and suppliers, be responSible lor taking lIeld
dimensions, providing tests, ordering 01 materials and all
olher actions as required to meet the Schedule 01 Work,
B.3 SHOP DRAWINGS, The Subconlractor shall be respon.
sible 10 Ihe Contractor lor the accuracy and conformlly
with the Contract Documents and other submlllels that
perlaln to lis work In the same manner as the Contractor
Is responSible therelor to the Owner. Shop drawings, or
their approval by the Contractor, shall riot be deemed to
aulhorlze deviations or substitutions Irom Ihe reo
Qulrements 01 the Contract Documents.
8.4 TEMPORARY SERVICES. The Subcontractor shall fur.
nlsh all temporary services and/or lacllltles necessary to
perlorm lis work, except as provided In Article 16. Sold ar.
tlcle also Identllles those common temporary services. If
any, which are 10 be lurnlshed by tho Subcontraclor.
B.5 COORDINATION. The Subcontractor shall:
(a) cooperate with the Contractor and all others whose
work may Interfere with the Subcontractor's Work:
(b) specifically note and Immediately advise the Con.
Iractor 01 any such Interference with the Subcontrac.
tor's Work; and
(c) participate In the preparation of coordination draw-
Ings and work schedules In areas 01 congestion.
B.a AUTHORIZED REPRESENTATIVE. The Subcontractor
shall designate ona or more persons who shall be the
aulhorlzed Subcontractor's representatlve(s) on-site and
off.slte. Such authorized representatlve(s) shall be the only
person(s) to whom the Contractor shall Issue Instructions,
orders or directions, except In an emergency.
B.7 PROVISION FOR INSPECTION. The Subcontractor shall
notify Ihe Contractor when portions 01 the Subcontractor's
Work are ready for Inspecllon, The SubcontractClr shall at
all times lurnlsh the Contractor and Its representatives
adequate facltltles lor Inspecting malerlals at the site or
any place where materials undor this Agreement may be
7
AGC DOCUMENT NO. 100 . SUBCONTRACTFOflB-UILCllNGCONSTRUCTlON-------------------~--
(<;) 1990, The Associated General Contractors of America
Initials/Date
Initials/Date
8,4 SUBSTITUTIONS. No substltullcJn'i shllll bu madu In tho
Subconlractor's Work unless ~ormlllod In Iho Conlract
Documants and only then upon tho 5ubconlraclor Ilrst
receiving all approvals required undor tho Conlracl
Documents for substitutions. Tho Subconlraclor shall
Indemnlly Ihe Contrector as a result 01 such substitution 0,
whelher or not Iho Subcontraclor has obtai nod approval
thereol.
8.5 USE OF CONTRACTOR'S EQUIPMENT. The Subconlrac.
tor, Its agents, employees, subcontractors or suppliers
shall not use the C"ntractor's eQulpmenl wlthoullhe OX'
press wrlllon permission 01 tho Conlractor's deolgnaled
representetlve.
II the Subcontreclor or any 01 Its agenls, emnloyoes,
suppliers or lower.tler subcontraclors utlllzo any
machinery, equipment, tools, sClllloldlng, holsls, lifts or
similar Items owned, leaa~d, or under the control 01 Ihe
CQntractor, the Subcontractor shall delend, Indomnlly and
be liable to the Contractor as provided In Artlcto 12 for any
loss or damage (Including personal InJury or dealh) which
may arise from such USfl, except whero such 1055 or
damage shall be found to have been duo soloty to tho
negllgonco of tho Contraclor's employoos operating such
equipment.
8.5 CONTRACT BOND REVIEW. The Contractur's Paymenl
Bond for the ProJecl, II any, may be rovlewed and copied
by Ihe Subcontraclor.
8.7 OWNER ABILITY TO PAY. The Subcontractor shall have
the right to receive Irom the Contraclor such Inlormatlon
as Iho Conlraclor hes obtained relative 10 tho Owner's
IInanclal ability to pay lor tha Work
8.8 PRIVITY. Untllllnal completion of the Projecl, Iho Sub.
contraclor agrees nol to perform any work dlroctly lor Ihe
Ownor or any lenants thareof, or deal directly wllh the
Owner's representatives In connection with Ihe Projecl,
unless olherwlse directed In writing by the Contractor. All
Work for Ihls Project performed by the Subconlraclor shall
be processed and handled exclusively by the Contractor.
8.8 SUBCONTRACT BOND. II a Performance and Paymenl
Bond Is not required 01 tho Subcontractor under Article
16, then within the duration 01 this Agreement, the Con.
tractor may raqulre such bonds belore work Is slarted and
the Subcontractor shall provide the same,
Said bonds shall be In the lull amount 01 Ihls Agreemenl
In a form and by a surety satisfactory to the Contractor.
The Subcontractor shall be relmbursod without reo
talnage lor COSt 01 same simultaneously wllh the IIrst pro.
gress paymanl hereunder.
The reimbursement amount lor Ihe bonds shall nol ex,
cead the manual rate lor such subcontractor work,
In Ihe event Ihe Subcontractor shall lallto promplly pro.
vida such raQuested bonds, the CQntraclor may termlnale
this Agreement and re.let the work to another subcontrac,
tor and all Contractor costs and expenses Incurred Ihereby
shall be paid by the Subcontractor,
9.10 WARRANTY. Tho Suhcllnlracl,,, warranls Its work
ngalnst all dollcloncles and defocls In malorlals and/or
workmanship and as callod lor In the Conlracl Documents,
The 5ubconlraclor agrees 10 satlsly such warranly
obligations which appear wllhln the warranty period
ostabllshed In Iho Contract Documents without cOSllo Ihe
Owner or tho Conlraclor.
II no warranty 15 rOQulred 01 Ihe Contraclor In Ihe Con.
tracl Documonts, Ihon the Subcontraclor shall warranllts
work as described above for Ihe period 01 one year Irom
tho date(s) 01 subslantlal complellon 01 all or a doslgnated
portion 01 the Subcontractor's Work or accllptance or use
by tho Conlraclor or Ownor 01 doslgnaled oQulpmont,
whichever 15 sooner.
Tho Subconlractor lurthllr agreos to Ilxllculo any special
warrantlll5 that shall bll requlrod for the Subconlractor's
Work prior to IInal paymllnt.
ARTICLE 10
RECOURSE BY CONTRAI~TOR
1 0.1 FAILURE OF PERFORMANCE
10.1.1 NOTICE TO CURE. If Iho Subcontraclor rllfusos or
falls 10 supply onough proporly skilled workers, proper
malllrlals, or maintain the Schodule 01 Work, or II falls to
mako prompt payment for Its workers. lowor.llar sub.
contractors or 6uppllors, dlsrogards laws, ordinances,
rulos, regulallons or orders of any public authorlly having
Jurisdiction, or otherwise Is guilty 01 a material breach of
a provlolon of Ihls Agreemenl, thll Subconlractor shall be
deemed In dlllaull 01 this Agreement. If Ihe Subcontrac.
lor falls within three (3) working days aller wrhtan nollflca.
lion to commonce and continue satlslactory correcllon of
such dill au It with diligence and promplness, then Ihe Con.
tractor without prejudice to any rights or remedies, shall
havo the right to any or all of thll following remedies:
(a) supply such number 01 workers and Quanllly of
materials, equipment and olher facilities as Ihe CQn.
Iractor daems necessary for the completion 01 the
Subcontractor's Work; or any part Ihereo! which the
Subcontractor has lalled to complete or perlorm
after the aforesaid nollce, and charge the cosl
thereof 10 the Subcontractor, who shall be liable for
the payment 01 same Including reasonable overhead.
profit and attorney's fees:
(b) contract with one or more additional contractors. to
perform such part 01 the Subcontractor's Work as
the Conlractor shalt determine will provide the most
expedlllous completion 01 the lotal Work and charge
the cost therllol to tha Subcontractor:
(c) withhold payment 01 any moneys due the Subcon.
tractor pending correcllve action In amounts sulll.
clent to cover lossas and compel performance to Ihll
extent required by and to the sallsfactlon 01 the Con.
tractor and ---Ownar-,>-i:nai-ne&l'- : and
(d) In the ovont of an emergency alTecr,ng the eafety 01
persons or property, tho Contractor may proceed as
above wllhoul notice,
9
_._._____~____.__.. ..~. __'_'n_
AGC DOCUMENT NO, eoo. SUDCONfflACT FaFl BUIL.DING CONSmUCTlON
(t! 1990, The Associated Gnneral ConHilclor') 01 ArTlflrlC..J
Initials/Date
Initials/Date
or negligence ollhe Subconlractor or by 0 causfllor which
Subcontraclor would have been responslbl~.
The Conlract Price shall not be adJusled under Ihis Ar,
tlcle for any suupunslon, delay or Interruption to the ex.
tent Ihat performance would have been suspunded,
delayed or Inlerrupled by a cause I<;r which Ihe Subcon.
Iractor would have been entitled only 10 a lime uxtenslon
under this Agreement.
10.7 WRONGFUL EXERCISE, If thu Conlraclor wfonglully
axerclses any option under this Article, Ihe Contractor
shall be liable 10 the Subcontraclor solely lor Ihe
renonable value of work performed by the Subconlrac.
lor prior to Ihe Conlraclor's wronglul aCllon, Including
reasonable overhead and profll on the Work performed,
I85S prior payments made, and allorney's lees.
ARTICLE 11
LABOR RELATIONS
(Ineerl here any conditions, obligations or requlremenls
ralatlve 10 labor ralatlons and their ellecl on Ihe prolect.
Legal counsel 15 recommended.)
ARTICLE 12
INOEMNIFICA TION
12.1 SUBCONTRACTOR'S PERFORMANCE. To Ihe lulleSI ex.
lent permllted by law, the Subconlraclor shall delend, in.
demnlfy and hold harmless, Ihe Contractor (Including the
alllllales, parenls and subsidiaries, their agenls and
employees) and other contraclOrs and subconlraclors and
all of Ihair agenls and employees and when required 01
Ihe Conlractor by Ihe Contract Documents, the Owner.lhe
Archllact, Archllect's consullants, agents and employees
Irom and against all claims, damages, loss and expenses,
Including but nolllmlled to allorney's fees, arising oul 01
or resulllng Irom Ihe performance 01 the Subconlract pro.
vided Ihal:
(a) any such claim, damage, loss, or expense Is al.
trlbutable 10 bodlfy Injury, sickness, disease, or
death, or 10 Injury to or destruction ollanglble pro,
party (01 her Ihan the Subcontractor's Work Ilself) In.
cludlng Ihe loss of use resulllng therefrom, to Ihe
extent caused or alleged 10 be caused In whole or
in part by any negligent act or omission 0' the Sub,
conlractor or anyone directly or Indlreclly employed
by the Subcontractor or for anyone lor whose acls
the Subcontractor may be liable, regardless 01
whather Ills caused In part by a parly indemnified
hereunder;
(b) such obligation shall not be construed 10 negale, or
abridge, or otherwise reduce any olher right or
obligation of Indemnlly which would olherwlse e"
isl as to any party or person described in Ihis Arll'
cle 12,
12.2 NO LIMITATION UPON LIABILITY. In any and all claims
agalnstlhe Owner, Ihe Architect, Arch/lecl's conslJllanls,
agents and employees, the Contractor (including its af
fillates, parenls and subsidiaries) and other contraclors
or subcontractors, or any of their agonts or €Hllployp.cs,
by any employee ollhe Subconlraclor, anyone directly or
Indirectly employed by Ihq Subconlractor or anyone lor
whose acls the Subconlractor may be liable, the Indem,
nlficallon obligation under this Article 12 shall not be
11m lied In any way by any IImllatlon on the amount or type
01 damages, compensation or benellts payable by or lor
the Subconlraclor under worker's or workmen's campen.
sallon acls, dlsablllly benefit acts or other employee
benelll acts,
12,3 ARCHITECT EXCLUSION. Excepl as prOVided by the
Conlract Documents, Ihe obligation of the Subcontraclor
under Ihls Arllcle 12 shall nol oxlend to Ihe liability ollhe
Archllecl, Ihe Archllecl's consultants, agents or
employees 01 any of Ihem, arising oul of
(a) the preparation or approval 01 maps, drawings, opi.
nions, reports, surveys, Change Orders, designs or
specifications, or
(b) Ihe giving of or Ihe failure to give directions or In.
strucllons by the Archllect, the Archllect's Con.
sultants, and agents or employees of any of them
provided such giving or failure 10 give Is Iha primary
cause 0' Ihe Injury or damage,
12.4 COMPLIANCE WITH LAWS. The Subconlraclor agrees
to be bound by, and at 115 own coSI, comply wllh all 'ederal,
slate and local laws, ordinances and rellulallons
(hereinafter collecllvely referred to as "laws") applicable
to Ihe Subcontractor's Work including, bul not IImlled to,
equal employment opportunity, minority business enler.
prlse, women's business enterprise, dlsadvanlaged
business enterprise, salety and all other laws wllh which
Ihe Contraclor must comply according 10 Ihe Conlract
Documenls,
The Subconlraclor shall be liable 10 the Contractor and
Ihe Owner for all loss, cost and expense attributable to
any acts 01 commission or omission by Ihe Subcontrac.
tor, Its employees and agents resulllng from Ihe lallure
to comply therewith, Including, but not IImiled to, any
lines, penailies or correcllve measures,
12.5 PATENTS. Excepl as otherwise provided by the Con.
tracl Documents, the Subconlractor shall pay all royallles
and license fees which may be due on Ihe Inclusion of any
palented materials in I~e Subcontractor's Work. The Sub.
conlraClor shall defend all sulls lor claims lor infrlngament
of any palent lights arising out of the Subcontractor's
Work, which may be brought against the Contractor or
Owner, and shall be liable to the Contraclor and Owner
for all loss. Including all costs, expenses, and allorney's
fees,
ARTICLE 13
INSURANCE
13.1 SUBCONTRACTOR'S INSURANCE. Pllor 10 start of Ihe
Subcontractor's Work, the Subcontractor shall procure lor
Ihe SubconlraClor's Work and maintain In lorce Workers'
Compensation Insurance, Employer's L1abllily Insuranca,
Comprehensive or Commercial General L1ablllly Insurance
on an occurrence basis. and all insurance required of the
Contractor under Ihe Contracl Documenls,
The Contractor, Owner and other parlles as designated
in the Conlracl Documents shall be named as addlllonal
,"sureds on each of these policies except lor Workers'
CompensatIOn
11
_..--~.._~.__.__..
AGe DOCUMENT NO. 600. SUBCONTFlACT FOH BUilDING CONSTnUCTION
't 1990, The AS50clalcll GflnNill ConlrilCIlH', of Aflll_'flr:i1
Inltli\lr.tni\t:f'
Tnit!1l]",n1lt"p
13.0 ENDORSEMENT. IIlhe policies 01 InsurenGe relurru.)
10 In Ihls Article require en endotsemenllo provide lot COil'
IInued coverage where Ihere Is a waiver of subrogallon,
the owners 01 such policies will cause them 10 be so
endorsed.
ARTICLE 14
ARBITRATION
14.1 AGREEMENT TO ARBITRATE, All claims, dlspules and
mailers In question erlslng 'Jut 01, or relating 10, this Agree,
ment or the breach Iherool, oxcopt lor claims which havo
been waived by tho making or scceptance of IInal pay.
ment, and tha claims dascrlbed In Paragraph 14.2, shall
be decided by albltratlon In accordance with Ihe Conslruc.
lion Industry Arbitration Rules 01 the American Arbitration
Association Ihen In ellecl unless the parties mulually
agree olherwlse. Nolwlthslandlng other provisions In tho
Agreement, this agreemantto arbltrale shall be governed
by the Fedaral Arbitration Act.
14.2 EXCEPTIONS. The agreemenl to erbltrate shall not
apply 10 any claim:
(a) of conlrlbutlon or Indemnity asserted by one parly
to this Agreement agalnstlhe other parly and arls.
Ing oul 01 an action brought In a stale or lederal court
or In arbitration by a person who Is under no obllga.
tlon to arbllrata the subject mailer 01 such action
with ellher of the partlas hereto or does not consent
to such arbitration: or
(b) asserted by the Subcontractor agalnslthe Conlrac.
lor II the Contraclor asserts said claim, either In
whole or part against the Owner, or asserted by the
Owner aaalnsttho Contractor, when the contracl bet.
ween the Contractor and Owner does not provide for
binding arbitration, or does so provide bulthe Iwo
arbitration proceedings are not consolldaled, or the
Contractor and Owner have not subsequently agreed
to arbitrate said claim, In either case the parties
hereto ahall notify each other either before or after
demand lor arbltretlon Is made.
In any dispute arising over Ihe appllcallon of this
Paragraph 14.2, the question of arbltrablllty shall be decld.
ed by the appropriate court and not by arbitration.
14.3 INITIAL DISPUTE RESOLUTION. II a dispute arises out
of or relatas to this Agreemenl, or the breach thereof, the
parties may endeavor to settle Ihe dlspule IIrst through
direct discussions. II the dispute cannot bo settled Ihrough
direct discussions, the parties may endeavor to sell Ie the
dispute by mediation under the Construction Industry
Mediation Rules 01 Ihe Amorlcan Arbitration Association
before recourse to arbitration. Mediation will be commenc.
ed within the time limits lor arbitration stipulated In the
Contract Documents. Tho time Itmlts lor any subsequent
arbitration will be extended lor Iha duration of tho media.
lion process plus ten (10) days or as otherwlsa provided
In the Contract Documents. Issues to be medlatod are sub-
joct to the exceptions In Paragraph 14.2 lor arbitration, Tho
location of tha mediation shall be tho same as Ihe loca.
tlon for arbitration Identified In Paragraph 14,4,
14.4 NOTICE OF DEMAND. Notice 01 the demand for arbltra.
lion shall be flied In writing with the olher party to Ihls
Agreement and with the American Arbltrallon Assoclallon,
The demand for arbltrallon shall be made as required In
Il1e Conlracl Documenls o. within a reasonable lime alter
written nollce 01 the claim, dlsputu or olher maller In ques.
lion has buen given, bulln no evenl shall It bo made when
Inslltullon 01 logal or aqultable proceedings based on such
clelm, dlsputo or othor maller In question would be ber.
red by Iho applicable statute of limitation, whichever shall
IIrsl occur, The locallon 01 Iho arbitration procaedlngs
shall be Ihe loco lion 01 Ihe Project.
14.5 AWARD. The award rendered by Ihe arbltralor(s) shall
be IInat and judgment may be enlered upon It In accor.
dance with applicable law In any court having jurisdiction.
14.6 WORK CONTINUATION AND PAYMENT. Unless olher.
wise agreed In writing, Ihe Subcontrar.tor shall carryon
the Work and malnlaln Ihe Schedule 01 Work pending ar.
bltratlon. IIlhe Subcontraclor Is continuing 10 perform, Ihe
Contraclor shall continue 10 make paymenls In accor.
dance with Ihls Agreemenl.
14,7 NO LIMITATION OF RIUHTS OR REMEDIES. Nothing In
this Article shall limit any rights or remedies nol oxpren.
Iy waived by tha Subcontractor which Iho Subcontraclor
may havo undar lien laws or payment bonds,
14.0 SAME ARBITRATORS. To the extont nol prohibited by
Ihelr contracts with others, Ihe claims and dlspules 01 the
Owner, Contractor. Subcontractor and other subcontrac.
totS Involving a common question ollact or law shall be
heard by tho same erbltrator(s) In a single proceeding.
ARTICLE 15
CONTRACT INTERPRET A TlON
15.1 INCONSISTENCIES AND OMISSIONS, Should Incon.
slslencles or omissions appear In Ihe Contracl
Documents, It shall be Ihe duly 01 the Subcontractor to
50 notlly the Contractor In writing within three (3) work.
Ing days of Iho Subcontractor's dlscovory thereol. Upon
receipt of said notice, Ihe Contractor shall Instruct the
Subcontractor as to Ihe measures to be taken and Iho Sub.
contractor shall comply with Iho Contraclor'slnstructlons,
15.2 LAW AND EFFECT, This Agreament sJIQII be covorn.
ed by Iho law of the State 01 l'enn~~.L vanJ.a .
15.3 SEVERABILITY AND WAIVER, The partial or complote
Invalldlly 01 eny one or more provisions of this Agreoment
shall not affecl the valldlly or conllnulng lorce and effect
of any other provision. The lalluro of either party he,eto
to Insist, In anyone or more Instances, upon the perfor-
mance of any of the terms, covenants or conditions of this
Agroement, or to exercise any right herein, shall not be
conslrued as a waiver or relinquishment of such lorm,
covonant, condition or right as respects further
perlormance.
15.4 ATTORNEY'S FEES. Should ellher par.y employ an at.
tornoy to Institute sull or demand arbllrallon to enforce
any ollho provisions hereof, to protect Its Inlorest In any
mailer arising under this Agreement, 10 collect damages
for the breach of Ihe Agreement, or to recover on a suret~
bond glvon by a party under this Agreement, Iho prevail.
Ing party shall bo enlllled 10 rocover reasonable allorney's
fees, costs, chargos, and expenses expendod or Incurred
therein.
13
AGe DOCUMENT -NC),"-eOO--;SUBCONTAACT FOf~- BUILDi'N-G~CONSTRU-CTION--------------'------------.--- n._~'_'
(l.) 1990, Tho Associated General Conlractors 01 Arr.crlca
Initials/Date
Initials/Date
EXHIBIT 11
8TATI COLLIGI ARIA KIDDLI 8CHOOL
8TATI COLLIOI, PIHN8YLVAHIA
BUILDING INSULATION, E.I.F.S, JOINT SEALERS
VENEER PLASTER, DRYWALL, SHEATHING,
SHAFTWALL, GLASS FIBER REINFORCED GYPSUM
UNITS, ACOUSTICAL PANEL CEILINGS,
AND ACOUSTICAL WALL PANELS
8COPI 0' WORIt
DATED JANUARY 24, 1994
8PZCI.ICATIOH 8ZCTIOHIS) I
07200
07241
07900
09215
09250
09262
09270
09290
09510
09521
Building Insulation
E.I.F.S.
Joint Sealers
Veneer Plaster
Gypsum Drywall
Gypsum Sheathing
Gypsum Board Shaftwall Systems
Gypsum Reinforced Gypsum Units
Acoustical Panel Ceilings
Acoustical Wall Panels
.gopz O. WORltl
Subcontractor shall provide all labor, materials, equipment, and
supervision necessary for the complete installation of the above
listed Specification section(s) and accepted alternates (as
listed in Exhibit #2A) except as specifically excluded herein.
All work shall be in strict accordance with the contract
documents and to the satisfaction of the Owner with the following
clarifications.
CLARI'ICATIOHSI
1. All associated taxes are included.
2. Furnish and install only blanket-type building insulation
portion of Specification Section 07200.
3. Furnish and install caulking as required by the work under
this contract.
4.
All scaffolding required to complete the work under this
contract is included.
Initials/Date
PAGE 1 OF 1
Initials/Date
'I.
I
I
EMhlblt D
.
v.
# 33 OLER
I IN THE COURT OF COMMON PLEAS OF
I CUMBERLAND COUNTY, PENNSYLVANIA
I
I CIVIL ACTION - LAW
I
I
I 94~4961 CIVIL TERM
ceI CONSTRUCTION COMPANY,
Plaintiff
A.J. CONFER CO.,
Defendant
IN REI PRETRIAL CONFERENCE
A pretrial conference was held in the chambers of
Judge Oler on Wednesday, october 25, 1995, in the
above-captioned case. Present on behalf of the Plaintiff were
C. Grainger Bowman, Esquire, and Michael W. Winfield, Esquire.
Present by telephone on behalf of the Defendant was David C.
Klementik, Esquire. Mr. Klementik had not been aware of the
date for the pretrial conference, as a result of which his
pretrial memorandum will be submitted subsequent to today.
This is a breach of contract action arising out
of Defendant's alleged failure to honor a subcontract bid upon
which Plaintiff relied in submitting its own bid as general
contractor for construction of a middle school in state college.
This will be a nonjury trial. The estimated
duration of the trial is one day.
No unusual issues are anticipated in the case.
with respect to settlement negotiations, it does
not appear to the Court that settlement is likely.
By separate Order of court, trial will be
mcheduled, pursuant to agreement of counsel, for Wednesday,
December 20, 1995, commencing at 9:00 a.m.
By the Court,
J
~
DC!" :!O ITt (Iii'
POWELL, T~CHTMAN, LOGAN, CARRLE & BOWMAN, P.C.
BY, C. ORAINOER BOWMAN, ESQUIRE
ATTORNEY I.D. NO. 15706
DAVID W. FRANCIS, ESQUIRE
ATTORNEY I.D. NO. 53718
MICHAEL W. WINFIELD, ESQUIRE
ATTORNEY I.D. NO. 72680
114 NORTH SECOND STREET
HARRIS8URO, PA 17101
(717) 238-9300
ATTORNEYS FOR PLAINTIFF
CCI CONSTRUCTION COMPANY, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY PENNSYLVANIA
v. NO. 94-4961 civil Term
A.J. CONFER CO.,
Defendant
PLAINTIFF CCI CONSTRUCTION COMPANY'S
PRE-TRIAL MEMORANDUM
A. Statement of Basic Facts as to Liabilitv.
On or about september 1, 1994, the state college Area School
District advertised for proposals for the general construction of
the state College Area Middle School to be located between the
Panorama Village Elementary School Building and U.S. Route 322
Spur in College Township, centre county, Pem,sylvania (lithe
project"). On or about September 3, 1993, Plaintiff CCI
Construction Company ("CCI") procured the bid materials from the
State College Area School District in order to prepare a bid for
the Project as general contractor.
Divisions 7 and 9 of the project specifications included the
following plastering/drywall specifications:
09215 - Veneer Plaster
09250 - Gypsum Dry Wall
09262 - Gypsum Sheeting
09270 - Shaft Wall Systems
09290 - Reinforced Gypsum Units
07240 - Exterior Insulation and Finish
09521 - Acoustical Wall Panels
09510 - Acoustical ceilings
In addition to the foregoing, there were specifications relating
to building insulation, E.I.F.S and joint sealers.
On the date set for submission of bids by general
construction contractors, approximately 45 minutes before bids
were due, the Defendant, A.J. Confer Co. ("Confer") submitt.ed a
written bid via facsimile t~ansmission to CCI for certain
portions of the work. The bid on its face identified the
following areas of work for the bid price of $647,600.00,
including tax and materials:
09215 - Veneer Plaster
09250 - Gypsum Dry Wall
09262 - Gypsum Sheeting
09270 - Shaft Wall systems
09290 - Reinforced Gypsum Units
07240 - Exterior Insulation and Finish
----- - Acoustical Wall Panels
----- - Acoustical Ceilings
All related batt insulation
All related caulking/scaffolding
In reliance upon the bid submitted by Confer, and in order to win
the award of the general construction contract for the Project,
CCI incorporated Confer's bid amount in its own bid for
submission to the State College Area School District. CCI
thereafter made a timely bid for the Project. On December 1,
1993, the State College Area School District awarded the contract
for the Project to CCI, having found that CCI was the lowest
responsible bidder.
2
On January 6, 1994, CCl timely notified Confer by telephone
that CCl had been awarded the general contract for the Project,
and that in turn, Confer would be awarded the subcontract
pursuant to its bid submitted to CCl. On February 7, 1994, CCl
sent a subcontract to Confer for execution based upon the Conter
I
bid submitted to CCl. However, Confer failed and refused to
execute the subcontract. Confer thereafter notified CCl that it
would not agree to subcontract pursuant to the bid which was
submitted by Confer to CCl. Confer's notification was untimely,
in that it occurred after CCl had submitted its bid to the state
College Area School District in reliance upon Confer's proposal,
and after the general contract was awarded to CCl. Despite CCl's
demands that Confer execute the subcontract per Confer's bid,
Confer refused, thereby forcing CCl to obtain the subcontracting
services of a replacement subcontractor for an amount in excess
of the Confer bid.
B. statement of Basic Facts as to Damaaes.
As a result of Confer's failure to honor its bid submitted
to CCl, CCl was forced to accept bids from replacement
subcontractors for the items of work bid by Confer. The lowest
responsive bid was submitted by Laso contractors, Inc. for
$1,187,800.00 which was subsequently negotiated to $1,045,400.00.
CCl has been damaged in an amount equal to $397,800.00, which is
the difference between the contract price for the replacement
contractor and the bid price frem Confer for the same work.
3
D. Summarv of Leqal Issues Reqardina Admissibility of
~~~~~~~~l~sE:~~~~~su~~n;nv other Matter Which Leaal
CCI dOGS not anticipate any issues regarding admissibility
of testimony, exhibits or other such matters at this time. In
the event such an issue arises prior to the time of trial, CCI
will amend this Memorandum accordingly.
E. ~ntity of Witnesses to be called.
Without prejudice to its right to supplement the following
list, CCI reserves its right to call the following witnesses at
trial:
1. Douglas J. McAninch
Vice President/Chief Estimator
CCI Construction Company
4720 Old Gettysburg Road
Mechanicsburg, PA 17055
Mr. McAninch will testify as to the bid process and the
actual events that took place on October 22, 1993, the date of
bid submission.
2. stanley E. Sechrist
Construction Operations Manager
CCl Construction Company
4720 Old Gettysburg Road
Mechanicsburg, PA 17055
Mr. Sechrist will testify as to various conversations
between himself and principals of A.J. Confer Company regarding
CCI's attempts to have Confer honor its bid.
3. Shane A. Miller
Senior Vice President/Chief Operating Officer
CCI Construction Company
4720 Old Gettysburg Road
Mechanicsburg, PA 17055
5
Mr. Hiller will testifY as to the bid process, the events
that occurred on october 22, 1993, and subsequent discussion.
with principals of A.J. Confer company regarding their failure to
honor their bid.
4. In addition to the foregoing individuals, CCI reserve.
the right to call under subpoena the following witnesses, if
available, for rebuttal purposes I
a. Michael Crough
Former Employee of CCI construction Co.
Present Address Unknown
b. Darrell Calloway
Former Employee of CCI construction Co.
Present Address Unknown
c. Bill Morgan
Former Employee of CCI construction Co.
Present Address Unknown
5. In addition to the foregoing individuals, CCI reserves
the rights to call the following individuals regarding Confer'a
preparation of its bid and subsequent discussions with CCI:
a. Joseph suto, Sr.
A.J. Confer co., Inc.
3433 Graham Avenue
Windber, PA 15963
b. Joseph Suto, Jr.
A.J. Confer Co., Inc.
3433 Graham Avenue
windber, PA 15963
6
F. List of Exhibits with Brief Identification of Each.
Without prejudice to its right to supplement the following
list, CCI reserves the right to introduce the following exhibits
at trial:
1. General construction specifications tor state college
Area Middle School project.
2. A.J. Confer company bid (fax).
3. December 1,1993 Agreement between state college Area
School District and CCI.
4. January 7, 1994 letter from Confer to CCI.
subject: Compliance with bonding requirement.
5. February 7, 1994 letter from CCI to Confer regarding
transmittal of subcontract agreement.
6. Subcontract for building construction between CCI and
Confer (unexecuted).
7. May 9, 1994 letter from CCI to Confe~. Subject:
Status of unexecuted contract.
8. CCI confirmation of telephone discussion dated May 26,
1994. Subject: Phone conversation with Joe Suto, Sr.
and Joe Suto, Jr. regarding status of contract.
9. CCI file memorandum from Stan Sechrist dated May 20,
1994 regarding meeting with A.J. Confer on Thursday,
May 19, 1994.
10. State college Middle School Division 7 and 9 Take-Off
prepared by CCI.
11. Deposition Transcript of Joe Suto, Jr.
12. Deposition Transcript of John Suto.
13. Replacement Subcontractor Quotes and Contracts.
7
G. Current status of Settlement Neaotiations.
Although the parties have engaged in settlement discussions,
they have been unable to negotiate a resolution. CCI Btands
ready to entertain further settlement discussions.
POWELL, TRACHTMAN, LOGAN
CARRLE &/J~N, P.C.
By -t1AJL/lu l iF. '
C. Gra.nger Bowm n
I. . #15706
Mi hael W. Winf
I.D. #72680
114 North Secon street
Harrisburg, PA 11101
(717) 238-9300
,
(
Datel October 20, 1995
I,
8
, I 11.\\111'- M.~.\lt.:'I"I'lI\ 1-1. 'I'
AI ")Il"I~ AI CA'"
'JOII '..U.A'....I,I ...~ft~"JP
,..,"'1)11"".' !'111111
submlt1ed on October 22, 1993. Because Defendant did not have specifications for the
other sections as se1 forth In Plaintiffs complaint, no hid was suhmltted hy Defendant
for those sections.
H. Denied as Slated, Defendant denies that Plaintiff relied upon the Confer
hid Wi set forth In Plaintiffs complaint, and Defendant helieves and therefor avers that
Plaintiffs hid was already prepared based on Plaintiffs own analysis of the work prior
to the dcadline for submitting bids.
9. Denied as Slated, Defendant can neither confirm nor deny the relative
bid submission of Plaintiff and strict proof thereof is demanded at trial.
10, Denied as stated. While it is admitted that representatives of Plaintiff
contacted Defendant after Octoher 22, 1993, Defendant cannot. at this time. verify the
date on which Plaintiff attempted to accept Defendant's bid offer. By way of further
explanation, Plaintiff had attempted to reject Defendant's proposal and Plaintiff made
a counteroffer prior to January I, 1994. Defendant rejected the counteroffer and
considered the original hid offer to have been rejected.
11. Admitted in part and denied in part. While It is admitted that Plaintiff
forwarded a contract for Defendant to execute on February 7, 1994, It is denied that
the written contract relatcd specifically to Plain tift's bid. In addition, due to Plaintiffs
counteroffer on the original proposal. Defendant believed that no offer was outstanding
to be accepted hy Plaintiff.
12, Admitted in part and denied in part. It is admitted that Defendant failed
or refused to execute the contract referenced in Plaintiffs paragraph no. 11 and
11.\\111'" h"~,M~:~"'I'II' 1.1. \1
....1I').."l!y .... r ~........
IJIle r.'U"~~ ......,"""F.
Ywll"<f,"ftll ...... I Mill 1
attached as Exhibit "e"; however, it Is denied that Defendant had a duty to execute the
contract fur the reasons set forth above,
13. Admitted in part and denied in part, Whtle it is admilled that Defendant
notified Plaintiff It would not agree 10 the subcontract pursuant to the bid, it Is denied
that said refusal was solely due to mistakes in bidding, It is further denied that
Defendant's refusal to accept the contract was untimely Inasmuch as Plaintiff was
aware of Defendant's rejection of the counteroffer as well as defects in the bid which
, were evident on Its face.
14. Admitted in part and denied in part, While it Is admitted that Plaintiff
notified Defendant of its belief that any allempted cancellation was wrongful,
Defendant denies that such cancellation or refusal to execute the contract was wrongful
in any manner whatsoever,
15, Admitted.
16. Admitted in part and denied In part, While it is admilled that Defendant
has refused and continues to refuse to execute the subcontract for performance of the
work as bid, it is denied that Defendant has a duty to execute such contract. By way
of further answer, Plaintiff was well aware of the non-conformities in Defendant's bid
and had admilled that Plaintiff hall used a higher bid figure for the work to be
completed by Plaintiff in their original bid process,
17. Denied, Plaintiff has refused to accept a recomputed and corrected bid
figure by Defendant to perform the work following the rejection by Plaintiff of
Defendant's original bid.
'1.\\1111.' "',~,M~N'I'I", r,I., M
IITlOUNl' liT ..'"
I ;l08 ,,'Uf<M.. A~("'I)~
....INOIIUI 1''' !~Yon
18. Defendunt cun neither confirm nor deny Pluintlfrs averment and strict
proof thereof is demunded ut triul,
19. Denied, Defendant cun neither confirm nor deny the ullegutlons set forth
in Plaintlfl's corresponding parugrnphs und strict proof thereof is demunded a trial. By
way of further answer, Defendant offered to complete the applicable provisions of the
work for a sum less thun set fo~th in this parngrnph. which offer was refused by
Plaintiff,
20. Denied. Defendant can neither confirm nor deny the damages set forth
by Plaintiff and strict proof thereof is demanded at triul,
WHEREFORE, Defendant prays that they complaint by CCI be dismissed based
on the facts set forth herein.
NEW MA'ITER
21. Defendant's unswers set forth In Puragraphs 1 through 20 herein are
incorporated herein by reference,
22. Defendant erred in the preparation of its bid, a portion of which error
was evident from the face of the bid, in that the bid sum of $647,600.00 was to include
only the "numbered" items rather than all of the work under the plastering/drywall
specifications.
23. Plaintiff indicates that it relied upon the $647,600.00 bid to have included
work under sections 09521. 09510, all related batt insulation and all related
caulking/scaffolding,
POWELL, TRACHTMAN, LOGAN, CARRLB , BOWMAN, P.C.
BYI C. GRAINGER BOWMAN, ESQUIRE
ATTORNEY I.D. NO. 15706
DAVID W. FRANCIS, ESQUIRE
ATTORNEY I.D. NO. 53718
114 NORTH SECOND STREET
HARRISBURG, PA 17101
(717) 238-9300
ATTORNEYS FOR PLAINTIFF
CCI CONSTRUCTION COMPANY,
Plaintiff
v.
I IN THB COURT OF COMMON PLEAS
I CUMBERLAND COUNTY PENNSYLVANIA
I
I NO. 94-4961 Civil Term
I
I
:
A.J. CONFER CO.,
Defendant
PLAIHTI~~'8 ..PLY TO D.~.HDAMT'8 ... MATT..
AND NOW comes the Plaintiff, CCI construction company, by
its attorney, Powell, Trachtman, Logan, Carrle , Bowman and
hereby submits the following reply to Defendant's New Matter.
21. Denied. The averments set forth as Answers in
Defendant's paragraphs 1 through 20 are denied to the extent they
raise New Matter which was not averred in paragraphs 1 through 20
of Plaintiff's Complaint. By way of further reply:
a. It is specifically denied that Defendant's bid did not
include all sections of work as averred in paragraph 7
of Defendant's Answer;
b. Plaintiff's bid to the School District relied upon
Defendant's bid to Plaintiff, contrary to the averment
in paragraph 8 of Defendant'. Answer,
c. Plaintiff never rejected Defendant's bid, contrary to
the averments of paragraphs 10 and 17 of Defendant's
Answer,
d. It is specifically denied that there were defecte
evident on the face of the bid as averred in paragraph
13 of Defendant's Answer;
e. It is specifically denied that Plaintiff was aware of
non-conformities in Defendant's bid as averred in
paragraph 16 of Defendant's Answer;
f. Plaintiff relied upon Defendant's bid as set forth in
Exhibit A of Plaintiff's Complaint to Plaintiff's
detriment, and Defendant's subsequent unilateral
recomputations as averred in paragraphs 17 and 19 of
Defendant's Answer are irrelevant and do not correct
the damage suffered by Plaintiff.
Plaintiff incorporates herein paragraphs 1 through 20 of its
complaint.
22. Denied. Plaintiff, after reasonable investigation, is
without sufficient information to either confirm or deny whether
Defendant erred in the preparation of its bid. strict proof
thereof, if relevant, is demanded at trial. By way of further
reply, Plaintiff speoifically denies that any such error, if one
existed, waa evident on the face of the bid.
2
vnl.ICl~'fIO.
I verify that the statements made in the foregoing document
are true and correct to the b~st of my knowledge, information and
~lief. I undarstand that any fAlse statements made herein are
subject to the penalties of 18 Pa.C.S. 54904 relating to unsworn
falsification to authorities.
~.
ne . Mer,
Senior Vice President,
CCl construction company
Date; Iypr
POWaLL, TRACHTlU\N, LOOM, CAJUU.I " BOWItAN, P.C.
BY' C. ORAINOIR BOWHM, ISQUIRI
ATTORNIY 1.0. NO. 15706
DAVID W. rRANCIS, .SQUIRI
ATTORNIY 1.0. NO. 53718
HICHAaL W. WINrIILD, ISQUIRI
ATTORNIY 1.0. NO. 72680
114 NORTH SICOND STRlIT
HARRISBURG, PA 17101
(717) 23B-9300
ATTORNEYS rOR PLAINTIrr
eCI CONSTRUCTION COMPANY, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY PENNSYLVANIA
v. NO. 94-4961 Civil Term
A.J. CONFER CO.,
Defendant
KOTION rOR SANCTION ORDBR
~UAHT TO PA.R.C.P. NO. 4019(&)
AND NOW, on this 13th day of January, 1995, Plaintiff CCI
Construction company hereby moves this Court for a Sanction Order
Pursuant to Pa.R.C.P. No. 4019(a) against Defendant A.J. Confer
company on the following grounds:
1. On November 8, 1994 Plaintiff, by United states Mail,
postage prepaid, served upon Defendant, Plaintiff's
Interrogatories Addressed to Defendant - First Set. A true and
correct copy of said Interrogatories is attached to this Motion
as Exhibit "A".
2. Defendant failed to answer Plaintiff's Interrogatories
within the thirty (30) day time limit set forth in Pa.R.C.P.
4006.
3. On December 12, 1994, Plaintiff's counsel sent a letter
to Defendant's counsel requestinq a status report with respect to
Plaintiff's Interroqatories. A true and corr.ct copy of this
letter is attached hereto as Exhibit "B".
4. On December 30, 1994, plaintiff's counsel contacted
Defendant's counsel by telephone and requested that Answers to
Plaintiff's Interrogatories be filed. Defendant's counsel
represented that said Answers would be received by plaintiff's
counsel on or before Friday, January 6, 1995.
5. Defendant failed to answer Plaintiff's Interroqatories
on or before Friday, January 6, 1995.
6. On January 10, 1995, Plaintiff's counsel contacted
Defendant's counsel by letter requestinq that Answers to
Plaintiff's Interrogatories be received by Plaintiff's counsel no
later than Thursday, January 12, 1995. A true and correct copy
of said letter is attached hereto as Exhibit "e".
7. As of the date of this Motion, Plaintiff has not
received Defendant's Answers to Plaintiff's Interroqatories.
-2-
Exhibit A
POWELL, TRACHTMAN, LOGAN, CARRLE , BOWMAN, P.C.
BYI C. GRAINGER BOWMAN, ESQUIRE
ATTORNEY 1.0. NO. 15706
DAVID W. FRANCIS, ESQUIRE
ATTORNEY I.D. NO. 53718
114 NORTH SECOND STREET
HARRISBURG, PA 17101
(717) 238-9300
ATTORNEYS FOR PLAINTIFF
CCI CONSTRUCTION COMPANY,
Plaintiff
v.
I IN THE COURT OF COMMON PLEAS
I CUMBERLAND COUNTY PENNSYLVANIA
I
I NO. 94-4961 Civil Term
A.J. CONFER co.,
Defendant
PLAINTIPP'S INTBRROGATORIBS ADDRBSSBD TO DEPENDANT - PIRST SET
These Interrogatories are to be answered separately and
under oath by each party above-named, within (30) days after
service hereof, in compliance with applicable rules. These
Interrogatories are deemed to be continuing in the event that you
or your representatives (including counsel) learn additional
facts not set forth in the Answers or discover that information
given in response to any of the Interrogatories is incorrect or
incomplete. Such supplemental Answers may be filed from time to
time, but in no event later than (30) days after such further
information is received. These Interroqatories are subiect to
the followinq instructions and definitions. each of which is to
be deemed to be incorDorated within each of the followinq
Interroqatories:
1. The fact that investigation is continuing or that
discovery is not complete shall not constitute cause for failing
to answer any Interrogatory as fully as possible and, in such an
event, the Answer should describe the nature and extent of its
incompleteness, what acts remain to be accomplished in order to
enable you to provide a complete Answer, and the estimated date
when a full Answer may be expected. The omission of any name,
fact or other item of information from the Answer shall be deemed
a representation that such name, fact or item was not Known to
you, your representative and/or counsel at the time of the
service of the Answers.
2. The terms "you", "your" or other reference to anyone to
whom these Interrogatories are directed shall mean the person or
entity to whom these Interrogatories are directed as well as all
agents, employees and representatives, unless the context
requires a different construction.
3. The words "describe", "state", "state facts", "provide
information" or similar instructions or terms shall mean to
describe and state fully ~ith all relevant details, by reference
to underlring facts rather than ultimate facts, conclusions or
general it es, and particulariz~ as to time, place and manner,
unless the context indicates otherwise. Furthermore. said terms
shall be deemed to include a reauest that vou identifv (as that
term is defined belowl all witnesses or other Dersons who Dossess
anv facts. knowledae or information which is embodied in the
Answer to the Interroaatorv. and that vou identifv (as that term
is defined belowl each document (as that term is defined belowl
which includes or refers to anv of the facts. references or
~~~:~~o~e~!;df~~~~ t~ ;~~l:n~~ernt~a;~ei~n~~~~~~~~~r~h~rA~~wer
to the Interroaatorv.
4. The term "document" is defined as any written, recorded
or graphic matter (regardless of the manner in which it was
produced or reproduced), including but not limited to
correspondence, telegrams, faxed communications, notes and any
other written and/or electronically transmitted communications;
notes of oral communications, telephone conversations, meetings
or other notes recording any information, discussion, directives,
questions or conversations; calendars, appointment books, logs,
diaries, notebooks or similar materials; investigative files and
related materials; contracts or agreements; memoranda; reports;
studies; recordings, films, photographs, video materials, charts
or other visual materials; computer printouts or media; tapes or
cassettes; analysis; projections; work papers; orders, work
orders, change orders, extra work orders, additional work orders
and force account orders and related documents; invoices,
telephone messages; compilations of data or information; plans,
drawings and specifications; test results; or other materials
from which data or information can be obtained. The term
"document"also includes any nonidentical copies and drafts of
the foregoing, in addition to the original document, which copies
and drafts include documents on which writings, notations,
corrections or markings peculiar to that copy or draft were made
or placed regardless of the manner in which they were made or
placed.
5. The term "identify" as used in connection with a person
or entity means set forth his, her or its full name and
residential and employment address if a natural person, and
location if not a natural person. The term "identify" as used in
connection with a document means state its date, the identity of
its author(s), the identity of its sender(s), the identity of the
person(s) or entity(ies) to whom it was addressed, the identity
of the recipient(s), a description of the title and format of the
document, the number of pages of the document, the identity of
each person known or believed to have possession, custody,
control of or access to any copy or original of the document, and
a detailed description of the substance and content of the
document.
6. The term "Confer" means A.J. Confer, Co.
2
7. state all facts and identify all documents upon which
you base your alleqation in paraqraph 10 of your Answer and New
Matter that Confer rejected a counteroffer made by CCI.
8. Please identify all terms of any and all counteroffers
made by CCI to. Confer with respect to this projeot.
6
9. state all facts and identity all documents upon which
you base your alleqation that "(CCI] was aware ot (Conter's]
rejection ot the counteroffer as well as detects in the bid which
were evident on its face," as averred in paragraph 13 ot your
Answer and New Matter.
10. Please identity any and all noncontormitie. ~n Conter's
original bid.
I.
'.
,
7
Exhibit B
ExhlbltC.
lAW OHlen
POWELL, TRACHTMAN, LOGAN, CARRLE e BOWMAN
^ PII.O'U!!IIOHAL t:O""Ol'ArION
II.. No...r.. ,nCONl> \TfI,Ur
MI<:HML G rflACHTMAN
'AlIL ^ LC>G,\N-"
GUNTHER 0 CAIlJUI.
C GIl^INGI" IO'WMAN
IlICHAkD. ASHIHflLTUl. JIt.
M^Il~, ."^NCATO'
JONATHAN k HOLLIN
JOEL P PIIlILHIIN-
M^,Uc. S McKAIN-
IUtAH N H^UIIUT~T.
[)AVID T IOLGUU
klVlN. WAnON
DAVID OW '''M'IeIS
JOlL Il SPIVACK-'
fllUN M COYNI-
CH"IHOPHU. J ."IGGS
AND"IW P COODI-
HEVIN G IAIlDSUY-
ftAIlR15BURC, I'A 11101
ell/) ~:.tI'UJO()
fACSIMllI! III/) .;l,)IS'OJ~H)
J~1 !!lOUT" CULP" IltJAA
ICING 0' PIWUIA. M 10oton
C;ll&) 1&4.Ul00
M)C lal&) 3&",81&0
~UITl I.'
." CHUkCH IWAb
(HlllA.,. "'1.1.. NJ 080001
160\}) eO]'OOOlI
PAX t&CD. ee:JoI6g0
January 10, 1995
VIA .AOSIMILB
0' COUNIIL
"ALPH. PCH'ILL. JIl
'ATIllek VII L1DOLf-
-ALSO AOMITTIO IN NJ
tALSO AOMITTID IN Dc:
.....LSO AOt.4ITTID IN we
-ALSO AOMITTID IN MD
PLlA,U 1'1'1. Y TO,
Harrisburq
David C. Klementik,
1206 Graham Avenue
Windber, PA 15963
Re: CCI Construction Co. v. A.J. Confer, Co.
No. 94-4961 Civil Term (Cumberland County c.P.)
LL.M
Dear David:
On November 8, 1994 we served upon you, by United states
Mail, postage prepaid, Plaintiff's Interroqatories Addressed to
Defendant - First Set. Pursuant to Pa.R.Civ.P. 4006, Defendant's
Answers to Interrogatories were due on or before December 8,
1994. On December 12, 1994 I sent a letter to you requesting a
status report regarding these Interroqatories (copy attached).
In that letter I expressed our desire to conduce discovery in an
expeditious manner.
Receivinq no response to my letter of December 12, 1994, on
December 30, 1994, I contacted you by telephone at which time you
represented to me that we would be in receipt of Defendant's
responses to our Interrogatories no later than Friday, January 6,
1995. To date, we still have not received your client's
responses to our Interrogatories.
While we certainly can appreciate time delays attributable
to the holiday season, we must insist, based upon our client's
objectives, that we receive your client's Answers to Plaintiff's
Interrogatories in our office no later than Thursday, January 12,
1995. Ser\ice by facsimile will be accepted so long as a hard
, '.
CERTIPICATB OP S!RVI~B
AND NOW, on thi8 13th day ot January, 1995, I hereby certity
that I have .erved a true and correct copy ot Motion tor Sanction
Order Pursuant to Pa.R.C.P. No. 4019(a) upon the tollowing
personCs) by mailing the 8ame by regular tirst cla.8 United
states mail, postage prepaid.
David C. Klementik, Esq.
Attorney for Defendant
1206 Graham Avenue
Windber, PA 15963
, I
./
. II
..
CCI CONSTRUCTION COMPANY, . I IN THB COURT OP COMMON PLBAS OF
Plaintiff I CUMBBRLANDCOUNTY, PBNNSYLVANIA
I
v. I CIVIL ACTION - LAW
I
A.J. CONFER CO., I
Defendant I NO. 94-4961 CIVIL TERM
ORDER OF COUR'!'
AND NOW, this l.qiLday of April, 1995, upon consideration of
Plaintiff's Motion to Compel Discovery Pursuant to Pa. R.C.P. No.
4019(a), a RULE is hereby iCBued upon the Defendant to show cause
the relief requested should not be granted.
RULE RETURNABLE within 20 days of service.
BY THE COURT,
C. Grainger Bowman, Esq.
David W. Francis, Esq.
Michael W. Winfield, Esq.
114 North Second Street
Harrisburg, PA 17101
Attorneys for Plaintiff
David C. Klementik, Esq.
1206 Graham Avenue
Windber, PA 15963
Attorney for Defendant
c~:".....~,-d... 1.f/,r;/r;S',
.J6(l
Ire
Plaintiff's Request. A true and correct copy of that letter is
attached hereto as Exhibit "B".
3. On April 19, 1995, Plaintiff's counsel, receiving no
response from Defendant's counsel, attempted to contact
Defendant's counsel by telephone, but was unable to reach him.
4. As of the date of this Motion, Plaintiff has not
received any response from Defendant regarding Plaintiff's
Request for Production of Documents.
5. Defendant failed to timely respond to Plaintiff's
previous discovery request resulting in this Court's issuance of
an Order compelling discovery on January 19, 1995. A true and
correct copy of said Order and Motion (Exhibits omitted) is
attached hereto as Exhibit "C".
WHEREFORE, Plaintiff prays that this Court issue an Order
compelling Defendant to produce the documents requested by
Plaintiff in its Request for Production of Documents - First Set
within ten (10) days of said Order and such additional relief as
this Court deems just and proper.
Respectfully submitted,
POWELL, TRACHTMAN, LOGAN
CARRLE &~r/
By - ,0CJ/JJAl
C. Gra nger Bowman
I. . #15706
David W. Francis
I.D. #53718
Michael W. Winfield
I.D. #72680
114 North Second Street
Harrisburg, PA 17101
(717) 238-9300
Attorneys for Plaintiff
Date: April 20, 1995
2
ExhlbllA
"""1I1'.1'1'. ....IU...'" III" ~.O';'III @
photographa, video materials, charts or other visual materials!
computer printouts or media! tapes or cassettes! analysis!
projections! work papera! orders, work orders, change orders,
oxtra work orders, additional work orders and ferce account
orders and related documents! invoices, telephone messages!
compilations of data or information! plans, drawings and
specifications! test results! or other materials from which data
or information can be obtained. The term "document" also
includes any nonidentical copies and drafts of the foregoing, in
addition to the original document, which copies and drafts
include documents on which writings, notations, corrections or
markings peculiar to that copy or draft were made or placed
regardless of the manner in which they were made or placed.
INSTROCTIONS
The term "you" and "your", and "Confer" for whom this
Request for Production is directed shall mean Defendant, A.J.
Confer Company, as well as its officers, employees, agents and
representatives and attorneys unless the context requires a
different construction.
The term "Conter" means the Defendant, A.J. Confer, Co.
The term "CCI" means the Plaintiff, CCI construction
Company.
The term "project" refers to the general construction of the
State College Area Middle School to be located between the
Panorama Village Elementary School building and U.S. Route 322
spur in College TownShip, Centre county, pennsylvania.
The words "describe", "state", "state facts", "provide
information", or similar instructions or terms shall mean
describe and state fully all relevant details, providing all
underlying facts (and not merely ultimate facts, conclusions or
generalities), and particularizing as to time, place and manner,
unless the context requires different construction.
"Identify" as used in connection with the person or entity
means set forth his, her or its full name and employment address
and/or location.
The scope of this request covers all documents in your
possession, access or control and within the possession, access
or control of your attorneys and other representatives.
2
If any documcnt herein requested was formerly in the
possession, custody or control of Defendant and has been lost or
destroyed, Defendant is requested to produce in lieu of each
document a written statement which: (i) describes in detail the
nature of the document(s) and to its content; and (ii) identifies
the person who prepared or authored the document and, if
applicable, the person to whom the document was addressed; and
(iii) specifies the date on which the document was prepared and
transmitted; and (iv) specifies the date on which the document
was lost or destroyed, and if destroyed, the conditions of or
reasons for such destruction and the persons requesting and
performing the destruction.
If your response is that the requested documents are not in
your possession or custody, describe the unsuccessful efforts to
locate them.
If your response is that the requested documents are not in
your control, identify who has control, and the location of the
documents.
If a request seeks a document or class of documents not in
your possession, custody or control, provide any documents that
you have that contain all or part of the information contained in
the requested documents.
Each request for production of documents shall be deemed
continuing so as to require prompt supplemental responses if
further documents called for herein are obtained or discovered
between the time of responding to this request and the time of
trial.
If any documents called for in this demand are withheld
under a claim of privilege, please furnish a list identifying
each document for which the privilege is claimed by setting fortn
the following information: (i) the date of the document; and
(ii) the name and address of each person who prepared, received,
viewed and has possession, custody or control of the document;
and (iii) the name of each person shown on the document as
distributees; and (iv) if the document purports to describe
communications or occurrences at a meeting, conference or
conversation, the identity of each participant at such meeting,
conference or conversation; and (v) a statement of the basis for
the assertion of privilege. If the basis for the assertion of
privilege is the attorney-client privilege, also set forth the
identity of the client and attorney.
3
~CUKENT8 TO BB PRODUCED
1. All documents concerning or relating in any way to t.he
preparation of Confer's bid for the Project.
2. All documents concerning or relating in any way to the
Project.
3. Any document or other evidence supporting the
allegations set forth in paragraph B of your Answer that
"Plaintiff's bid was already prepared based on Plaintiff's own
analysis of the work prior to the deadline for submitting bids",
4. Any document or other evidence supporting the
allegations ~et forth in paragraph 10 of your Answer that
"Plaintiff had attempted to reject Defendant's proposal and
Plaintiff made a counteroffer prior to January 1, 1994",
5. Any document or other evidence supporting the
allegations set forth in paragraph 10 of your Answer that
"Defendant rejected the counteroffer and considered the original
bid offer to have been rejected",
6. Any document or other evidence supporting the
allegations set forth in paragraph 16 of your Answer that
"Plaintiff was well aware of the nonconformities in Defendant's
bid and had admitted that Plaintiff had used a higher bid figure
for the work to be completed by Plaintiff in their original bid
process."
4
c.flBnrI_C;:A'J'Jim'JIJi'U.CAl
AND NOW, on thiH 6th dilY of March, 19')'" 1 huroby l'ort L ty
that I have served a t rUll MId con uct copy 01 PI"I lit III ,,', J.!lHIIWIII
for Production of DocumentH AddreHHed to Defendant - first Sot
upon the following person(s) by mailing the same by regular first
class United states mail, postage prepaid.
David c. Klementik, Esq.
Attorney for Defendant
1206 Graham Avenue
Windber, PA 15963
BY.
,
/
exhibit B
Exhibit C
. ' I .
3. On December 12, 1994, Plaintiff's counsel sent a letter
to Defendant's counsel requesting a status report with respect to
Plaintiff's Interrogatories. A true and correct copy of this
letter is attached hereto as Exhibit "B".
4. On December 30, 1994, Plaintiff's counsel contacted
Defendant's counsel by telephone and requested that Answers to
Plaintiff's Interrogatories be filed. Defendant's counsel
represented that said Answers would be received by Plaintiff's
counsel on or before Friday, January 6, 1995.
5. Defendant failed to answer Plaintiff's Interrogatories
on or before Friday, January 6, 1995.
6. On January 10, 1995, Plaintiff's counsel contacted
Defendant's counsel by letter requesting that Answers to
Plaintiff's Interrogatories be received by Plaintiff's counsel no
later than Thursday, Janu~ry 12, 1995. A true and correct copy
of said letter is attached hereto as Exhibit "C".
7. As of the date of this Motion, Plaintiff has not
received Defendant's Answers to Plaintiff's Interrogatories.
-2-
'.
. .
OBRTI.ICATB O. .BaVleB
AND NOW, on this 22rd of May, 1995, I hereby oertify that I
have served a true and correot oopy of Praeoipe for Placement on
Trial List upon the fOllowing personCs) by fascimile and by
regular first class U.S. Mail, postage prepaid.
David c. Klementik, Esq.
1206 Graham Avenue
Windber, PA 15963
.,
.
CCI CONSTRUCTION COMPANY, I
Plaintiff I
I
v. I
I
A.J. CONFER co., I
Defendant :
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY PENNSYLVANIA
NO. 94-4961 Civil Term
,,'1
nl
.",
~.,
ro..}
PRAECIPE rOR PLACEMENT ON TRIAL LIST
r' '
,
....
u
TO THE PROTHONOTARY:
-'3
:.C
" -
Kindly place the above-captioned case on the NOV~~bert{.~,
1995 trial docket.
Respectfully submitted,
POWELL, TRACHTMAN, LOGAN,
CARRLE & B WMAN, P.C.
By u
rainger
. #15706
Da id W. Francis
I.D. #53718
Michael W. Wlnfie
I. D. #72680
114 North Second Street
Harrisburg, PA l7l0l
(717) 238-9300
Attorneys for Plaintiff,
ccI Construction Company
Date: 'September 21, 1995
CERTIFICATE OF SERVICE
;~
"
I,
I).
AND NOW, on this 21st of September, 1995, I hereby certify
that I have served a true and correct copy of Praeoipe for
Plaoement on Trial List upon the following personCs) by fasoimile
and by regular first class U.S. Mail, postage prepaid.
David c. Klementik, Esq.
1206 Graham Avenue
Windber, PA lSQ63
",,
,
I '
, ,
,
"
ii'
v.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY PENNSYLVANIA
NO. 94-4961 civil Term
cCI CONSTRUCTION COMPANY,
Plaintiff
A.J. CONFER CO.,
Defendant
ORDIR
NOW this .J St#, day of December, 1995, upon consideration of
Plaintiff's Motion for continuance, and Defendant's concurrenoe
therewith, the non-jury trial scheduled for December 20, 1995, is
hereby continued.
The Court schedules this non-jury
, '(_ll.'.J 'i
/
, I 1/ , ..
,t' J1
I ~;I.
1996,
F"i I
<). ., I
'I" (.. r- "/ J)
trial for ,-'l''''( I/",;'!.'o/
'" ,'..,. ( '/
, " ,. I. I r",~)> \
(It 1)11.,' (,'I' ,((
( ">,"" ~\ ~I
( : ( r' f (r/' tf. (' /.... ',,'
I
'I"L I.
C .-' ( 'I (" C ttL. t'c.'
"
,1
'11~Cl '
l! ( , .
{ , ~.I', A.-""I
'rC t,
'~ 1/1/1 [. .',01
,., n
\-.Il "n
- : l
-r' , ."
r+.1 , i ; , \ \"~.
". .1
\:' .'. 'CJ
:( )
~ . '. :q
!'.
'.-1 .' " ~ (~
I .- ",l'l\
, --
-, . .. ~ . I
.'. ",
:.., (.)1 :;!
-,
, ,', 05/31/80 18113 "7171381325
POWELL T.L.C , 8
CCI CONSTllUCT10N
COMPANY. INC.
Plalnllff
IN nIB COUllT 011 COMMON PLEAS
CUMBERLAND coUNTY, PENNSYLV ANlA
v.
NO, 94-4961 ClVlL 1l!RM
A.J. CONFB CO.
Defendl/ll
UIPULATION OF JUDGMENT
AND NOW comes Defendant AJ, Confer Co,. by its eounse~ David C, Klemcntik, Esq.,
and herdly stipulates 10 the entry of Judgment on Plaintlft's Complaint In favor ofPlalntifrCCI
ConSh\lction Company, Inc.. I/Id agalNt A,J. Confer Co" in tbe amount ofS397,800, along with
interest ud costs,
~:t~..
David C. K1ernentllt. sq. -~
Attorney for Defendant
1206 Graham Avenue
Windber. PA lS963
Atty. I.D. 1#30266
(814) 467-66S8
. er Bo Esq.
Attorney for Plain
114 NOlth Second Street
Halrisburg. PA 17101
Ally, I,D. I#IS706
(717) 238-9300
IiII 003/00~
~
CCl CONSTRUCTION COMPANY, I IN THE COURT OF COMMON PLEAS OF
Plaintiff I CUMBERLAND COUNTY, PENNSYLVANIA
I
v. I CIVIL ACTION - LAW
I
A.J. CONFER CO., I
Defendant I NO. 94-496l CIVIL TERM
ORDER OF COURT
AND NOW, this ~~ day of June, 1996, upon oonsideration of
the stipulation filed in this matter on June 4, 1996, the trial
previously scheduled for June 5, 1996, is CANCELLED.
BY THE COURT,
We..;,
esley Ol Jr.,
J.
J
C. Granger Bowman, Esq.
ll4 North Second Street
Harrl$burg, PA l7l0l
Attorney for Plaintiff
David C. Klementik, Esq.
l206 Graham Avenue
Windber, PA 15963
Attorney for Defendant
c ~ \.L.., (>>,.<"-C",,
(..,/111% ,
.:J. f,
:ro
,I 'r,.""Y'f~~\SNN]d
"" '. "Vl"'-"'U"'l
I . .._,,:)
Su :e :/J L - "/.... ~G
, h II 'j
)'WWt.U ;,;v ,J ., " 'J
30~:iO{J:ili1 ". :J'