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Home My WebLink About00-04869 ,<".,','.' . CUMBERLAND VALLEY EXCAVATORS, INC., IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, CIVIL ACTION -LAW VB. NO. 2000 -l/fw9 CIVIL TERM LOBAR ASSOCIATES, INC" JURY TRIAL DEMANDED Defendant NO TICE You have been sued in court, If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with a court your defenses or objections to the claims set forth against you, You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you, YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP, Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 BRENNEMAN & SPARE, P,C, LAW OFFICES SNEI..BAKER. BRENNEMAN & SPARE LAW OFFICES SNELBAKER. BRENNEMAN & SPARE <'" ~;, ,;.," , ,":',';,'-,'__ i, '. ..,' CUMBERLAND VALLEY EXCAVATORS, INC., IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, CIVIL ACTION -LAW vs. NO. 2000 -'1ft'? CIVIL TERM LOBAR ASSOCIATES, INC., JURY TRIAL DEMANDED Defendant COMPLAINT . AND NOW, comes Plaintiff, Cumberland Valley Excavators, Inc., by its attorneys, Snelbaker, Brenneman & Spare, P.C., and avers the following causes of action against Defendant: 1. Plaintiff is CUMBERLAND VALLEY EXCAVATORS, INC., a Pennsylvania business corporation having its principal office at 6355 Basehore Road, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 2. Defendant is LOBAR ASSOCIATES, INC., a Pennsylvania corporation having its principal office at 4 Barlo Circle, DiIIsburg, York County, Pennsylvania, 17019; 3. At all times relevant herein, Plaintiff was in the business of performing land excavation and building site preparation and development. 4. At all times relevant herein, Defendant was in the business of a land developer and building constructor. I LAW OFFICES SNEL8AKER. BRENNEMAN & SPARE " .. 5. During the past three years, Plaintiff performed work for Defendant on approximately thirteen occasions from which a course of dealing, custom and practice developed upon which Plaintiffrelied as continuing in existence in the matters as more specifically averred below. 6. In all instances in which matters are averred to have been performed by either party, it is further averred that such matters were performed by officers, agents or employees as duly authorized by said party. 7. All conditions precedent to Plaintiffs right to initiate this action have been performed or have occurred. COUNT I BREACH OF CONTRACT (Frackville Projects) 8. The averments in paragraphs 1 through 7 supra are incorporated herein by reference thereto. 9. Prior to April 10, 1998, Defendant obtained a contract to construct a Cracker Barrel Old Country Store and Restaurant at the Schuylkill County Mall at Frackville, Schuylkill County, Pennsylvania (hereinafter called "Cracker Barrel Project"). 10. On or about March 30, 1998, Defendant orally solicited Plaintiff to do the site preparation for the construction of the Cracker Barrel Project and also for the 2 ... GonstruGtion of a Holiday Inn Express on a lot adjacent to said Cracker Barrel Project (hereinafter called "Holiday Inn Project"). 11. On or about March 30, 1998, Plaintiff orally accepted the offer to perform said work, and the parties agreed that Defendant would pay Plaintiff on the basis of the labor and machinery time consumed and materials expended at the following rates: Description Foreman Laborer Backhoe Roller Dump Truck Skid Loader Excavator/Trackhoe Loader Plate Tamper Dozer Grader 325 Excavator 325 Excavator w/Breaker Hourlv Rate $35.00 $25.00 $50.00 $55.00 $40.00 $35.00 $100.00 $75.00 $35.00 $55.00 $75.00 $150.00 $200.00 12. Plaintiff completed its work on the Cracker Barrel Project in August of 1998 and was paid therefor by Defendant in accordance with Plaintiffs invoices. 13. On or about October 1,1998, Defendant instructed Plaintiff to return to the construction site to complete the Holiday Inn Project. 14. On or about October 2, 1998, Plaintiff commenced its work on the Holiday LAW OFFICES SNELBAKER, BRENNEMAN 8: SPARE Inn Project on the same time and material basis as in the Cracker Barrel Project and completed the same on or about November 17, 1998. 3 LAW OFFICES SNEL8AKER. BRENNEMAN & SPARE 15. From time to time, Plaintiff submitted its invoices to Defendant for a total of $45,091.32. Defendant paid $2,150.00 to Plaintiff, leaving an unpaid balance of $42,941.32. A statement of this account is attached hereto marked "Exhibit A" and incorporated herein by reference thereto. 16. The prices agreed to by Defendant and charged by Plaintiff for services performed and material supplied were fair and reasonable and not objected to by Defendant. 17. Despite Plaintiffs demands for payment of said sum of $42,941.32, Defendant has failed and refused to pay the same. 18. Defendant's failure or refusal to pay the amounts charged for services and materials provided by Plaintiff constitutes a material breach of the parties' agreement, WHEREFORE, Plaintiff demands judgment against Defendant in the amount of $42,941.32 with interest and the costs of this action. COUNT II UNJUST ENRICHMENT/QUANTUM MERUIT ALTERNATE TO COUNT I (Frackville Projects) 19. The averments contained in paragraphs 1 through 18 hereinabove are incorporated herein by reference thereto. 4 LAW OFFICES SNEL8AKER, BRENNEMAN & SPARE ~ 1 i I I I 20. The services and materials provided Defendant as set forth herein were not provided by Plaintiff to Defendant as a gratuity. 21. The charges for the services and materials provided by PIaintiffto Defendant were fair, reasonable, and customary and not objected to by Defendant. 22. Defendant wrongfully received the benefits of work performed and material supplied by Plaintiff that would be unconscionable for Defendant to retain. 23. Defendant has been unjustly enriched at the expense of Plaintiff in the amount of $42,941.32. WHEREFORE, Plaintiff demands judgment against Defendant in the amount of $42,941.32 with interest and the costs of this action. COUNT III BREACH OF CONTRACT ryv ashington Project) 24. The averments contained in paragraphs 1 through 7 hereinabove are incorporated herein by reference thereto. 25. On or about March 8, 1999, the parties entered into a written contract, a true and correct copy of which is attached hereto marked "Exhibit Boo and incorporated herein by reference thereto, whereby Plaintiff undertook to perform certain site development work preliminary to Defendant's construction of a Cracker Barrel Old Country Store and Restaurant at Washington, Pennsylvania. 5 . ~c; I i i 26. During the course of Plaintiffs performance of its work under said written contract, it was determined that additional or future work was required (a) because of Defendant's misinformation to Plaintiff that the site grading constituted a balanced site (cuts equal fills) and that all earth cut material would remain on the site, and (b) because new work was required which was not included in the written contract. 27. In accordance with the parties' course of dealing, custom and past ~ I " I I I I I , I I I I I ~ practice, at Defendant's request for the additional and extra work mentioned in Paragraph 26 above, Plaintiff orally agreed with Defendant to perform the following additional or extra work based upon a time consumed basis and to reimburse Plaintifffor room and board costs incurred by Plaintiffs employees: Site Grading, including excavation of earth material and removal off site Grade behind curb Load topsoil for Allen Lumber Dig for Signs Irrigation Curb Prep Dig for Electrician Dig for Plumber Dig for Gas Line Misc. Extras Room & Board Parking Lot Prep. LAW OFFICES SNELBAKER, BRENNEMAN & SPARE 6 . I " " ~'~, " :,',. -- ':' " : ',' " '-", --",", '.'~ '. ',; ""':,", "-- : '0< . 28. Defendant orally agreed to pay for said additional or extra work on the following basis: Description Foreman Labor Backhoe Roller Dump Truck Skid Loader ExcavatorlTrackhoe Loader Plate Tamper HourIv Rate $35.00 $25,00 $55.00 $55.00 $50.00 $55.00 $100.00 $75.00 $35.00 29. The prices agreed to by Defendant and charged by Plaintifffor services performed and material supplied were fair and reasonable and not objected to by Defendant. 30. From time to time in the course of performing the project, Plaintiff submitted its invoices to Defendant in the total amount of $187,031.06. Defendant paid Plaintiff the sum of $67,509.88 on account thereof, leaving an unpaid balance of $119,521.18. A statement of this account is attached hereto marked "Exhibit e" and incorporated herein by reference thereto. 31. Despite Plaintiffs demands for payment of said sum of $119,521.18, Defendant has failed and refused to pay the same. 32. Defendant's failure or refusal to pay the amounts charged for services and materials provided by Plaintiff constitutes a material breach of the parties' LAW OFFICES SNELBAKER. BRENNEMAN & SPARE agreement. 7 I LAW OFFICES SNELBAKER. BRENNEMAN & SPARE . WHEREFORE, Plaintiff demands judgment against Defendant in the amount of $119,521.18 with interest and the costs of this action, COUNT IV UNJUST ENRICHMENT/QUANTUM MERUIT ALTERNATE TO COUNT III (Washington Project) 33. The averments contained in paragraphs 24 through 32 hereinabove are incorporated herein by reference thereto. 34. The services and materials provided Defendant as set forth herein were not provided by Plaintiff to Defendant as a gratuity, 35. The charges for the services and materials provided by Plaintiff to Defendant were fair, reasonable, and customary and not objected to by Defendant. 36. Defendant wrongfully received benefits ofthe work performed and material supplied by Plaintiff that would be unconscionable for Defendant to retain. 37. Defendant has been unjustly enriched at the expense of Plaintiff in the amount of $119,521.18. WHEREFORE, Plaintiff demands judgment against Defendant in the amount of $119,521.18 with interest and the costs of this action. 8 LAW OFFICES SNELBAKER. BRENNEMAN & SPARE , COUNT V BREACH OF CONTRACT (Middletown Project) 38. The averments in paragraphs 1 through 7 supra are incorporated herein by reference thereto. 39. On or about May 18, 1999, the parties entered into a written contract, a true and correct copy of which is attached hereto marked "Exhibit D" and incorporated herein by reference thereto, whereby Plaintiff agreed to do certain site work in connection with Defendant's undertaking to perform various exterior improvements at the Feasor/Fink School Building in Middletown, Pennsylvania. 40. Included in said contract was a provision for Plaintiff to dispose of contaminated soil at the rate of $75.00 per ton. 41. On or about August 12, 1999, Defendant informed Plaintiff that it would not pay for the disposal at the rate indicated, thereby denying Plaintiff the profit from said portion of the contract. 42. By refusing to honor the agreed pricelrate for removal of soil, Defendant breached the contract. 43. Plaintiff has suffered a loss of profit in the amount of $16,700.00 by Defendant's disavowal ofthe contract. 44. Despite Plaintiffs demands for payment of said sum of $16,700.00, Defendant has failed and refused to pay the same. 9 LAW OFFICES SNELBAKER, BRENNEMAN 8: SPARE >"' WHEREFORE, Plaintiff demands judgment against Defendant in the amount of $16,700.00 with interest and the costs of this action. SNELBAKER, BRENNEMAN & SPARE, P.C. By ichard C. Snelbaker, Esquire 44 West Main Street Mechanicsburg, P A 17055-0318 (717) 697-8528 Attorneys for Plaintiff 10 LAW OFFICES SNELBAKER. BRENNEMAN 8: SPARE VERIFICATION I, Robert D. Yentzer, do hereby verify as follows: that I am the President of Cumberland Valley Excavators, Inc., the Plaintiff in the foregoing Complaint; that I am authorized to make this verification on behalf of the Plaintiff; that the facts contained in said Complaint within my personal knowledge are true and correct; that the facts contained in said Complaint not within my personal knowledge, I believe them to be true and correct based upon the information of others; and that I understand that any false statements made herein are subject to the penalties of 18 PA C.S. 94904 relating to unsworn falsification to authorities. Dated: July 10 ,2000 11 3/24100 at 11:37:04.71 " "' ~" "~~ - 9',,; Page: I Cumberland Va1Jey Exeovoflm, Inc. Invoice Register For the Period FrOO1 Oct I, 199810 Dee 31, 1999 Filler Cril<lria includes: I) CU.tomor IDs rrom HOUDA Y INN to 1I0LlOA Y INN. Report order i. by In,,,,i.. Number. Invoice No Didi! A"",_ CIISI8m1!,ID 653 10/219& 2,150.00 HOLIDAY INN 654 10/519& 2,450.00 HOLIDAY INN 655 10/619& 2,450.00 HOLIDAY INN 656 IOnm 2,450.00 HOLIDAY INN 661 1019/98 2,650.00 HOLIDA YINN 662 10/12198 2,456.00 HOLIDAY INN 663 10/1319& 2,450.00 !-IOLIDAY INN 664 10/l4I98 2,650.00 HOLIDAY INN 676 10/15/98 2,650.00 HOLIDAY INN 677 10/16198 2,65(1.00 HOLIDAY INN 678 1011919& 2,650.00 HOLIDAY INN 679 1012019& 2,650.00 HOLIDAY INN 680 10/21/98 411.32 HOLlDAY INN 694 10/28198 600.00 HOLIDAY INN 695 10130191\ 2,280.00 HOLIDAY INN 6% 10131198 2,280.00 HOLIOA Y INN 697 1112/9& 2,&50,00 HOLIDAY INN 69& 1113198 2,850.00 HOLIOA Y INN 699 1114198 2,850.00 HOLIOA Y INN 715 1111119& 670.00 HOLIDAY INN ToItJI 4$,1191.J2 ---- _~___.____.o_ EXHIBIT A AI/lI Recvd 2,150.00 ),/50.00 ___--_0--. r' -""-- 7,2, ASSOCIATES SUBCONTRACT AGREEMENT BETWEEN CONTRACTOR & SUBCONTRACTOR SUBCONTRACT # 9028-02200-S1 AGREElvfENT MADE AS OF THE 8TH DAY OF MARCH ]NTHE YEAR OF N]NETEEN HUNDRED AND 99. BETWEEN THE CONTRACTOR: LOBARASSOCIATES, INC. 4 BARLO CIRCLE P.O. BOX 432 DILLSBURG, PA 17019-0432 AND THE SUBCON'fRACTOR: CUMBERLAND VALLEY EXCAVATORS, INC. 6375 BASEHORE ROAD MECHANICSBURG, PA 17055 (717) 766-5238 WITNESSETH, THAT THE SUBCONTRACTOR AND CONTRACTOR FOR THE CONSIDERATION HEREINAFTER N~lEDAGREEAS1~LLOW~ ARTICLE I. The subeon/raelOr agrees 10 ji/l'/1ish all lIlaterial and petlorll/ all work as described in article /I hereoffor: CRACKER BARREL OLD COUNTRY STORE 1008 TRINITY CIRCLE WASHINGTON, PA ]5301 For LOBAR ASSOCIATES, fNC, in accordance with this agreement, the agreemen/ between the owner & conlraclor, & in accordance with the general conditions a/the contract, supplementary general conditions, the drawings, specifications, "","ndmen/s, and/or addenda prepared by DESIGN & ENGINEERING, hereinafter called the architect or owner's aulhoriz'!d agent, all a/which documents" signed by the parties thereto or identified by the architect or owner's authorized agent, form a part of a contract betweeh the contractor and the OWlle~' dated 17 FEBRUARY 1999, & hereby becorne a port c/this contract, & herein referred to as the contract documents,. & shall be made available to the subcuntractor upon hi:; request prior to and anytime subsequent to signing this subcontract. ARTICLE /1. The subconfractor & the conlraclOr agree that the materials and equipment to befu111ished & work to be pe/formed are cO~lIplete as required and in strict accordance with plans, specifications, amendments, and/or addenda & as follows: A. APPLICABLE SEC110NS OF DIVISION I - GENERAL REQUIREMENTS. B. SITE WORK COMPLETE AS REQUIRED INCLUDING THE FOLLOWING: TIME & MATERIAL, NOT-TO- EXCEED AMOUN1:~ LIS1 ED: 1. 02270-6 2. 0221.~1 ,3. 0272fJ 4: 027]ti-2 5. IJ2660 6. 02730 7. 0212(} Erm.,;oJl Control Site Grading _ Storm Roof Drains '* Water (In('. VUI/lt) "*' Sanitm:v (Inc. 2 Grease Trap.\) Exca VJ 'Bu('kfill/F ootings $1,000.00// :;/ ]5,00p.00 0.00 $3/100. IJIJ $2IJ,IJOO.00 $8,00IJ.00 $8,000.00 " _....- ,,-~ 1 EXHIBIT B .... 4BARLO CIRCLE p.D. BOX 432 .... DILLSBURG, PENNA 170]9-0432 TEL: (717) 432-3429 FAX: (7]7) 432-7343 r , ,. ~,-,,",<-"- ) ~ c, ,~-, e' .,;.': 8. 02230-3-1 Stone Unde, Slab $6,000.00 ... 9. 02230-3-2 Stone Under Walks $3,000.00 ;" 10. NOTE: Code Sitework Labor, materials, equipment, subcontractors to the above task codes. SPECIAL REOUlREMENTS: 1. Due to possible communication conflicts, the owner & LOBAR ASSOCIATES, INC. require that all correspondence, written & verba~ f,om subcontracto,s & material suppliers be directed th,ough LOBAR ASSOCIATES,INC. in lieu of direct correspondence with the owne, & p,oject engineers/architect. In addition, all cla'ifICations should be forwarded to LOBAR ASSOCIATES, INC. via fax or mail in lieu of verbal communication. 2. This subcontractor is required to provide full-time qualifted supervisian of you, personnel/tie, subcontracto,s including layou~ coordination, interpretation of plans/specifications, etc. on this p,oject In addition, ,eview of site, foundation, existing building conditions, etc... as well as field measurements & verification are a requirement of this subcontract p,io, to commencement of work. 3. Have materials delivered when required. No sto'age is available on job site - if delivery is mandatory prior to instaUation, this subcontractor wia have to provide required storage facilities. Phased projects should have materials shipped in phases unless storage is p,ovided. 4. Protection of materials until owner-architect acceptance. 5. Material safety data slteets are a requirement for this p,oject & must be submitted witltin fourteen (14) days of the subcontract date and p,ior to materials arriving on the job site. 6. Submission of operation & maintenance manuals to be made with initial submittals. 7. This is formal notifICation that the development and enfo,cement of all OSHA, safety, and MSDS requirements on this project is the sole responsibility of CUMBERLAND VALLEY EXC4. VATORS, INC. including verifted safety conditions of other trades. It is also the responsibility of you, personnel to immediately correct any safety violations observed by ou, project superintendent, CHARLIE DONNELLY, on the project. Any fines issued to LOBAR ASSOCIATES, INC. as a result of you, firm's negligence or non-compliance will be tlte ,esponsibi1ity of you, firm. 8. Thisp,oject has afirm completion date of 14 JUNE 1999 with no time extensions permitted. All materials mid work schedules must be caardulOted very close(v ,viti, our project superintenden~ CHARLIE DONNELLY, at 0.. site to meet Ole required completion date. Day to day schedule adjustments by this subcontractor are a requirement by tltis subcontractor to accommodate various p,oject intangibles (weather, etc...) to maintain tlte final completion date. Mul1iple shifts & overtime are a requirement of this project as necessary to meet schedule ,equi,ements and/o, LOBAR ASSOCIATES' superintendent's instructions. 9. Daily removal & disposal of related deb,is off site. 10. Provide suffICient supervision & manpower for scheduling, receiving, unloading, & distribution of all material deliveries. 11. All testing and submission of reports are a requirement of this subcontract to assure quality of installations. 12. All layout & coo,dination costs associated with tltis subcontract are a subcontract ,equirement 13. All subcontracto,s must participate in a l-Itour weekly job site cleanup each Friday. 14. No invoices received by fax will be accepted. All invoicing must be submitted in hard copy via mail 0' hand co'ry. ARTICLE III. Time is of the essence and the subcontractor agrees to commence and to complete the work as described in article ii as/allows: A. All work to be peifarmed in strict accordance witlt LOBAR ASSOCIATES, INC. 's progress schedule & directions. Non-compliance with LOBAR ASSOCIATES, INC. progress schedule and/or instructions may result in termination of this agreement and/or back charges. Any penalties or damages assessed to LOBAR ASSOCIATES, INC. as a result of this subcontractor will be the responsibility of this subcontractor. B. Completion date for this project is 14 JUNE 1999 with liquidated damages of * * per calendar day. Any liquidated damages assessed to LOBAR ASSOCIATES, INC. As a result of this subcontractor will be the responsibility of this subcontractor. * *As Assessed. 2 EXHIBIT B .: " ,-" L.-_. ~'i No time extension of this contract will be recognized without the written consent of the contractor which consent shall not be withheld unreasonably consistent with Article X-4 of this contract, subject to the arbitration provisions herein provided ARTICLE IV. The Contractor agrees to pay the subcontractor fa, the peifonnance of this work the following sum: SEE SCOPE OF WORK, in current funds, subject to additions and deductions for changes as may be agreed upon in writing, & to make monthly payments on account thereofin accordance with Article X, sections 20-23 inclusive. A. Monthly progress payment conditions - two (2) copies to LOBAR ASSOCIATES, INC. office by 20th of each month. Payment of this invoice to be as follows: Net less 10% retainage will be paid 30/45 days subject to architect-engineer/owner approval & receipt of payment by LOBAR ASSOCIATES, INC. for work completed on this subcontract. No other charges such as Interest, canying charges, taxes, etc... will be honored unless indicated otherwise or as agreed to by both parties in writing. Retainage to be released upon approval from architect and owner, and receipt of material & labor proof of payment releases. Monthly payment applications to be submitted on LOBAR ASSOCIATES' applicationfor payment fonn showing percent completed each month. If your finn needs notarization of the invoice fonn, LOBAR ASSOCIATES will provide the service at no charge, however, the authorized representative signing for your firm must be present in order for us to notarize the invoice. B. Failure to promptly invoice for se/vices rendered (within sixty (60) days after service is completed) will result in non- payment of delinquent invoices. C. No partial or final payments will be made without proof of material payments unless special arrangements are made with LOBAR ASSOCIATES, INC. D. If subcontractor fails to meet the subcontract requirements, all payments due including outstanding separate orders may be held until corrective actions are taken. ARTICLE V. Final payment shall be due when work described in this contract is fully completed and per fanned I,n accordance with the contract documents, & payment to be consistent with Article IV & Article X; sections 18, 20-23 inclusive of this contract. Before issuance of any payment, the subco.ntractor, ifrequired, shall submit evidence satisfactory to the contractor that all payrolls, material bills, & all known indebtedness connected with the subcontractor's work have been satisfied ARTICLE VI. Pelionnance & paymenl bonds. (N/A) SUBMITA PAYMENT & PERFORMANCE BOND. ARTICLE VII. Temporary Site Facilities. A. This subcontractor shall provide all temporary site facilities as required or as necessary to perform his work B. Debris related to the work included in this subcontract shall be removed & disposed of by this subcontraclor. Back charges shall be made for non-compliance. ARl1CLE VIII. Insurance Unless otherwise provided herein, the subcontractor shall have a direct liability for the acts of his employees & agents for which he Is legally responsible, and the subcontractor shall not be required to assume the liability for the acts of any others. Prior to starting WOl'"k, the insurance required to be furnished shall be obtained from a responsible company or companies to provide proper & adequate coverage & satisfactory evidence will be furnished to the contraclor that the subcontractor has complied with the requirements as stated in this section. 3 EXHIBIT B ,~"""~ . ~ -p, A. Provide two (2) insurance certiftcates in accordance with project insurance requirements. CertifICates must he submitted prior to commencing with any wo,k. ARTICLE IX Job Conditions ( X) A complete list of all material suppliers & second tier subcontracto,s with their addresses and telephone numbers must be submitted to LOBAR ASSOCIATES, INC. within fifteen (15) days f,om date of signing of agreement by subcontractor. (X) Cost breakdownfo, lnbo, & material must be submitted to LOBARASSOCIATES, INC. within fifteen (15) days from date of signing of agreement by subcontracto,. () Submit payroll reports within seven (7) days week-ending to this offICe. Monthly payment estimates cannot be approved without pay,oll 'eports being submitted. (X) Provide ten (10) copies of all submittal data exactly as required in specifICations no loter than, copying charges will be assessed if the requested numbe, of copies are not supplied. You, fznn may be held liable for delny costs if submittals are not made as required and within the requested time frame. All submittals shall be addressed to the attention of Janke Fleming. ( X) E.E. O. & Affrrmative Action are a pa't of this subcontract. Execute and ,eturn certification with contract ( X) AU wo,k to be performed in strict accordance with LOBAR ASSOCIATES, INC. safety prog,am. () Use of foreign steel & aluminum products is p,ohibited on this project ARTICLE X. In addition to the foregoing provisions the parties aLso agree that the subcontractor shaU: 1. Be bound to the COntractor by the terms of the contract documents & this agreement. & assume toward the contractor aU the obligations & responsibilities that the contractor. by those documents assumes toward the owner, as applicable to this subcontract. 2. Submit to the contractor applications for payment at such times stipulated in Article IV so as to enabLe the contractor 10 apply for payment. If payments are made on valuations of work done, the subcontractor shall, before the first application, submit to the contractor a schedule of values of the various parts of the work, aggregating the total as required by the owner, and, ifrequired, supported by such evidence as to its correctness as the contractor may direct. This schedule, when approved by the contractor, shall be used as a basis for certificates for paymerlt, unless it be found to be in en'or. In applying for payment, the subcontractor shall submit a statement based upon this schedule. If payments are made on account of materials not incorporated in the work but delivered and suitably stored at the site, or at some other location agreed upon in writing, slich payments shall be in accordance with the tenns & conditions of the contract documents. 3. Pay for all materials & labor used in, or in connection with, the perfonnance of this contract, through the period covered by previous payments received from the contractor &furnish satisfactory evidence when requested by the contractor, to verify compliance with the above requirements. 4. Make all claims for extras,for extensions of time, &for damage for delays or otherwise, promptly to the contractor consistent with the contract documents. Subcontractor further agrees that for all claims for extras, for extensions of time, and for damage for delays arisingfrom the design, specifications, or requirements for the project, or for concealed or unknown conditions, or arising from or related to the conduct of the owner or its agents or representatives, that subcontractor shall be bound by, and subcontractor's recovery shall be limited solely to, such recovery on account of said claims which contractor receives from the owner, and subcontractor shall cooperate with contractor and shall be responsible for all of contractor's expenses reasonably incurred in pursuing said claims. Subcontractorfilrther express~v agrees that it shall not be entitled to make a claim on any labor and material payment bond provided on the project by contractor on account of any such claim, or to recover or attempt to recover the difference between subcontractor's claim and any amount which contractor receives from the owner on account of said claim. 5. Take necessary precaution to properly protect the finished work of ather trades. 6. Keep the building & premises clean at all times of debris arising out of the operation of this subcontract. The subcontractor shall not be held responsible for unclean conditions caused by other contractors or subcontractors, unless otherwise provided for. 7. Comply with all statutory and/or contractual safety requirements applying to his work and/or initiated by the contractor, and shall report within three (3) days to the contractor any injury to the subcontractor's employees at the site of the project. 4 EXHIBIT B ~_. ,-, -,' ~'< ~~ -~ 8a. Not assign this subcontract or any amounts due or to become due thereunder without the written consent of the contractor. 8b. Nor subcontract the whole of this subcontract without the writ/en consent of the contractor. 8e. Nor further subcontract portions of this subcontract without writ/en notification to the contractor when such notification is requested by the contractor. 9. Guarantee his work against all defects of materials and/or workmanship as called for in the plans, specifications, & addenda, or if no guarantee is called for, then for a pe'iod of one (1) year from the dates of partial or total acceptance of the subcontractor's work by the owner. lOa. No separate understanding or agreements of any kind will be entered into by the subcontractor & the owner and/or his architect of agents relative to any original or extra work contemplated by this agreement unless the same is first approved in writing by contractor. JOb. Subcontractor shall insure that all subcontractors, employees, & suppliers, at all times, are paid all amounts due in connection with the per/omzance of this subcontract. After the first payment hereunder, contractor shall have the right to withhold any subsequent payments until subcontractor submits evidence satisfactory to contractor that all amounts owed in connection with peiformance of this subcontract have been paid Further, subcontractor agrees that contractor may pay all persons which have not been paid the monies due them in connection with this subcontract whether or not a lien has been filed, & subcontractor shall, to the extent that contractor has not recovered said amounts pursuant to withholding, pay said amounts to contractor upon demand Subcontractor shall also immediately reimburse contractor for any amounts paid under contractor's payment bond in connection with this subcontracl & indemnified by contractor. In lhe event contractor is required to payor indemnify any persons hereunder, subcontraclor shall immediately reimburse the contractor for the full co~t thereof, including attorney's fees. 1 Dc. Should subcontractor at any time fail to supply a sufficient number of skilled workmen or a sufficient quantity of materials of proper quality, or fail in any respect to prosecute the work covered by this subcontractor with promptness & diligence, or fail in the peiformance of any of the agreements herein contained, or should any workmen peifomzing work covered by this subcontract engage in a strike or other work stoppage, or cease to work due to pickeling or other such activity, contractor may in any of such events, at its option, without prejudice to any other rernedies it may have, afterforty-eight (48) hours wn.tten notice to subcontractor, provid.e any such labor and materials and deducl the costlhereoffrom any monies then due or thereafter to become due subcontractor; a~d further, in any of such events, contractor may at its option, without prejudice to any other remedies it may have, tenninate the employment of subcontractor's finn for the work under this subcontract & shall have the right to enter upon the premises and take possession, for the purpose of completing the work hereunder, of all the materials, tools, & equipment thereon, & to finish the work & provide the materials therefore either with its own employees or other subcontractors; and in case of such discontinuance of the employment by contractor, subcontractor shall not be entitled to receive any further payments under the subcontract.or otherwise, but shall nevertheless remain liable for any damages which contractor incurs; if the expenses incurred by the contractor in completing the work shall exceed the unpaid balance, subcontractor shall pay the difference to the contractor along with any other damages Incurred by contractor as the result of subcontractor's default. Contractor shall have a lien upon all materials, tools, & appliances taken possession of to secure the payment thereof, subcontractor shall be liable to contractor due to the failure of subcontractor's peiformance, subcontractor~ failure to keep the progress of its work up to that of contract of other trades, or the failure to execute its work as directed by contractor. 10d. Subcontractor agrees that when the contract documents, specifications, or drawings require, subcontractor will comply with any applicable state orfederal prevailing wage law as well as any roles or regulations promulgated thereunder. The subcontractor agrees to comply with all such tenns & conditions which are applicable to this subcontract and to Indemnify & hold the conlractor ham/less for any failure to comply with such conditions. 1 De. Subcontractor will have sole responsibility for complying with the standards set forth In the roles & regulations promulgated pursuant to the Constrnction Safety Act (40 U.Se. 327) & other OSHA related provisions to the extent applicable to the subcontractor's portion of the work & subcontractor shall indemnify and save the contractor ha17nless in connection therewith from any and all damage including attorney's fees, cOst of corrective action, jines, etc. II. And does hereby agree that the contractor's equipment will be available to the subcontractor only at the contractor's discretion & on mlltua/~v sat'-sfactmy terms. 12. Furnish periodic progress repOrlS of the work as mutually agreed including the progress of materials or equipment under this agreement that may be in the course of preparation or manufacture. 5 EXHIBIT B < ."~ ' '.'l!I1.;I. 13. Make any and all changes or deviations from the original plans and specifications without nullifYing the original contract when specifically ordered to do so in writing by the contractor. The subcontractor prior to the t;ommencement of this revised work, shall submit promptly to the contractor written copies of the cost or credit proposal for such revised worlcin a manner consistent with the contract documents. 14. Cooperate with the contractor & other subcontractors whose work might interfere with the subcontractor1s work & to participate in the preparation of coordinated drawings in areas of congestion as required by the contract documents, specifically noting & advising the contractor of any such interference. 15. Cooperate with the contractor in scheduling his work so as not to conflict orinteifere with the work of others. To promptly submit shop drawings, drawings, & samples, as required in order to carry on said wo,k efficiently and at speed that will not cause delay in the progress of the contractor's work or other branches of the work carned on by other subcontractors. 16. Comply with all federal, state, & local laws & ordinances applying to the building or structure and to comply and give adequate notices relating to the work to proper authorities and to secure and pay for all necessary licenses or permits to carry on the work as described in the contract documents as applicable to this subcontract. 17. Comply with federal, state, & local tax laws, social security laws, unemployment compensation laws & workmen's compensation laws insofar as applicable to the perfonnance of this subcontract. lB. And does hereby agree that all work shall be done subject to final approval a/this architect or owner's authorized agent, & his decision in malle/:\" relating to artistic effect shall befinal, if within the terms of the contract documents. j 9, The subcontractor shall bearJj!iJ. responsibility for all work to be peifonned under his subcontract, including all roof penetrations, cutting, patching, etc. The subcontractor agrees that the cost of all cutting & patching has been included as part of subcontractor's work The subcontractor agrees that he shall employ artisans and tradesmen of the trade nonnally responsible for the roof or for finish work involved to cut and patch around the work of subcontractor's trade. 20. The subcontractor shall make all applications for payment to LOBAR ASSOCIATES; 1NC. as agent for the owner. LOBAR ASSOCIATES, INC shall submit said applications to the architect and owner for payment. Upon approval of payment by the architect and owner, and payment by the owner to LOBAR ASSOCIATES, 1NC as agent for the owner, to subcontractor in accordance with the tenns of this subcontract. The subcontractor further acknowledges and agrees thai LOBAR ASSOCIATES, INC shall have no liability to subcontractor for the owner's failure to pay for work pe/fonned by subcono'actor, and subcontraclor agrees to hold LOBAR ASSOCIATES, INC. hannless froin any claim for payment for work peiformed by subcontractor, and to indemnifY LOBAR ASSOCIATES, INC from any such claims made by subcontractor's subcontractors, employees, agents, and material suppliers. That The Contractor & Subcontractor Agree: 21. That in the matter of arbitration, Iheir rights and obligations, and all procedure shall be analogous to those set forth in the contract docurnents provided, however, that a decision by the architect or owner's authorized agent, shall not be a condition precedent to arbitration. 22. As a separate covenant, made in consideration of contractor executing this agreement, the subcontractor does hereby expressly release and relinquish any and all rights to maintain, or have filed or maintained, any mechanics lien or claim against the project premises, or any part thereof, or any building or buildings thereon, for or on account oj any work, labor, and materials pelformed or furnished under this subcontract, and agree that no such lien or claim shall be so filed 01" maintained on the subcontractor1s behalf. The subcontractor further agrees to hold contractor hannless from any lien or claim for liens against aforesaid premises or any part thereof, or any buildings thereon, or any subcontractor, or supplier, or any persons acting through or under the subcontractor; further that if at any time there shall be any evidence of the filing or maintenance or any such lien or claim for lien, contractor shall have the right to deduct from the amount otherwise due the subcontractor, an amount sufficient to indemnifY contractor for any and all loss or damages which may result from such lien or claim. The subcontractor agrees further that this waiver shall be an independent covenant and shall operate and be effective with respect to this agreement and any supplements issued thereto, and shall survive termination of this subcontract. The subcontractor shall furnish a complete and notarized release of lien on a monthly basis, if requested by contractor, and at completion of its work as requested by contractor. The subcontractor further agrees to empower contractor or any attorney or prothonotary of any court in any jurisdiction where a lien may have been filed, to appear for the subcontractor and in its name and to mark satisfied any mechanics lien or claim filed by the subcontractor or in its name against the said buildings or grounds for which this document or any certified copy 6 EXHIBIT B -,,!' " .c.' "~~~tM_-, thereof will be good and sufficient warrant. In the event that any party is requested but refuses to honor the Indemnity obligations hereunder, then the party indemnifying shall, in addition to all other obligations, and upon adjudication of the party's liability for indemnification, pay the cost of bringing such action, Including, but not limited to, attorneys/fees, costs and expertfees, to the-party requesting indemnity. ARTICLE XI. Termination Clause LOBAR ASSOCIATES, INC. shall have the right to terminate this contract and to hire another contractor to peiform the incomplete portion of the work should the contractor fall to peiform its obligations under this contract. LOBAR ASSOCIATES, INC. shall also have the right to recover any and all losses or damage, including attorney's fees, resulting from the contractor's breach of contract. Any amount determined to be due LOBAR ASSOCIATES, INC by any arbitration, arbitration panel, court, or through any other dispute resolution technique shall bear interest from the date the breach occurred at the maximum rate permitted by the usury laws of the applicable jurisdiction. ARTICLE XII. In witness whereof the parties hereto have executed this agreement under seal, the day and year first wriffen above. If this subcontract is not executed within fourteen (14) calendar days after receipt, LOBAR ASSOCIATES, fNC. reserves the right to void this agreement and obtain these services from another finn. THIS SUBCONTRACTOR CERTIFIES THAT IT MAINTAINS A NON-SEGREGATED PLACE OF BUSINESS AND IS AN EQUAL OPPORTUNITY EMPLOYER. SUBCONTRACTOR ATTEST: (SEAL) BY (TITLE) LOBARASSOCIATES,INC. CONTRACTOR ATTEST: D. GINGER HARTMAN, OFFICE MANAGER LEE E. EICHELBERGER, PRESIDENT 7 EXHIBIT B 3123100 at 09:29:41.45 "" ~b,-J-' " ;,1;041I" ~ Page: 2 Cumberland Va1Jey ExCtWt11iJrs, Inc. Invoice Register For the Period From Jan 1, 1999 to Dee 31, 2000 Filler Criteria includes: 1) CUstllmer IDs frum W ASHlNOTON CRKR I3RL to WASHINGTON CRKR aRL. Report QCdor i. by Illvllice Dale. Ami Recvd lltvuict!No Dille M",.. A"",,,,,, &31 5112199 LOBAR ASSOCIATES 3,590.00 832 5/12199 LOBAR ASSOCIATES 12&.54 833 5/13199 LOBAR ASSOCIATES 3,150.00 &34 5113/99 LOBAR ASSOCIt\TES 128.54 &35 5114/99 LOBAR ASSOCIATES 870.00 836 5117/99 LOBAR ASSOCIATES 3,500.00 &37 5117/99 LOBAR ASSOCIATES 128.54 83& 5/18199 LOBAR ASSOCIATES 3,950.00 &39 5/18/99 LOBAR ASSOCIA:rES 216.81 &40 5119/99 LOBAR ASSOCIATES 3,950.00 &41 5119/99 LOBAR ASSOCIATES 216.81 &46 5/20199 LOBAR ASSOCIATES 3,500.00 847 5124/99 LOBAR ASSOCIATES 3,250.00 &4& 5124/99 LOBAR ASSOCIATES 144.54 849 5125/99 LOBAR ASSOCIATES 2,900.00 850 5125/99 LOBAR ASSOCIATES 144.54 851 5/26i9') LOBAR ASSOCIATES 2,900.00 &52 511.6199 LOBAR ASSOCIATES 144.54 &53 5127/99 LOBAR ASSOCIATES 2,900.00 854 6/1/99 LOBAR ASSOCIATES 1,750.00 855 6/1/99 LOBAR ASSOCIATES 128.54 856 612199 LOBAR ASSOCIATES 1.750.00 857 612199 LOBAR ASSOCIATES 128.54 858 6/3/99 LOBAR ASSOCIATES 925.00 859 6/14199 LOBAR ASSOCIATES 1,350.00 860 6/14/99 WBAR ASSOCIATES 12&54 861 6/15/99 LOBAR ASSOCIATES 1,620.00 862 6/15/99 LOBAR ASSOCIATES 128.54 &63 6116/99 LOBAR ASSOCIATES 1,755.00 864 6/16199 WBAR ASSOCIATES 128.54 &65 6/17/99 LOBAR ASSOCIATES 1,755.00 866 6/17/99 LOBAR ASSOCIATES 12854 &67 6/18199 LOBAR ASSOCIATES 1,350.00 868 6121/99 LOBAR ASSOCIATES 1,215.00 41999 12121/99 LOBAR ASSOCIATES 1,925.00 41599 12121/99 LOBAR ASSOCIATES 2,975.00 41499 12121/99 LOBAR ASSOCIATES 4,900.00 41399 12121/99 LOBAR ASSOCIATES 4,025.00 41299 12121/99 LOllAR ASSOCIATES 2,600.00 401199 12121/99 LOllAR ASSOCIATES 5,450.00 42099 12121199 LOBAR ASSOClA TES 3,625.00 42199 12121199 LOBAR ASSOCIATES 4,000.00 42299 12121/99 LOBAR ASSOCIATES 4.900.00 .~~,---- 7'...11I /87,03/,06 --~.._-- ---.--..-- ~. EXHIBIT C 1,575.00 115.69 1,575.00 115.68 &32.50 1,215.00 1IS.69 1,45&.00 1I5.68 1.579.50 1IS.69 1.579.50 115..68 1,215.00 1.093.50 67,511\1.88 ,- - "-~"~, - ~",'" " ,.'/! II ASSOCIATES 50'0 TrA\ \e.r B SUBCONTRACT "_._'~-. . -..' "-,.- -h. --;-,~"....._-.._._. ,"'<__. ~3J.-IO(PO R \.{ S '5 - 30'1- 5 0 '5 '2-- AGREEMENT BETWEEN CONTRACTOR & SUBCONTRACTOR SUBCONTRACT # 9067-02200-S1 AGREEMENT MADE AS OF THE 18TH DAY OF MAY INTHE YEAR OF NINETEEN HUNDRED AND 99. BETWEEN THE CONTRACTOR: LOBAR ASSOCIATES, INe. 4 BARLO CIRCLE P.O. BOX 432 DlLLSBURG, PA 17019-0432 AND THE SUBCONTRACTOR: CUMBERLAND VALLEY EXCAVATORS, INC. 6375 BASEHORE ROAD MECHANICSBURG, PA 17055 (717) 766-5238 WITNESSETH, THAT THE SUBCONTRACTOR AND CONTRACTOR FOR THE CONSIDERATION HEREINAFTER NAMED AGREE AS FOLLOWS: ARTICLE L The subcontractor agrees to furnish all material and perform all work as described in article Ii hereof for: FEASElFINK SCHOOL COMPLEX 150 RACE STREET MIDDLETOWN, PA 17057 For LOBAR ASSOCIATES, lNG., in accordance with this agreement, the agreement between the owner & contractor, & in accordance with the general conditions of the contract, supplementalY general conditions, the drawings, specifications, amendments, and/or addenda prepared by EHC ASSOCIATES, hereinafter called the architect or owner's authorized agent, all of which documents, signed by the parties thereto 0' identified by the architect or owner's authorized agent, form apartofa contract between the contractor and the owner dated 21 APRIL 1999, & hereby become apart of this contract, & herein referred to as the contract documents, & shall be made available to the subcontractor upon his request pt-ior to and anytime subsequent to signing this subcontract. ARTICLE IL The subcontractor & the contractor agree that the materials and equipment to be furnished & work to be performed are complete as required and in strict accordance with plans, specifications, amendments, and/or addenda & asfollows: A. APPLICABLE SECTIONS OF DIVISION 1 - GENERAL REQUIREMENTS. B. SITE WORK COMPLETEAS REQUIRED INCLUDING THE FOLLOWING: 1. EROSION CONTROL MEASURE INCLUDING REMOVAL AND MAINTENANCE. 2. DAILY CLEAN-UP OF STREETS/ROADS. (EARTH, MUD, ETe. FROM EARTHMOVING ACTIVITIES). 3. PUMPING OF WATER REQUIRED FOR EXCAVATION. 4. NECESSARY EXCAVATION OR SHORING TO INSURE SAFE WORKING CONDITIONS AND COMPLIANCE WITH OSHA REGULATIONS. 5. DEMOLITION OF STRUCTURES AND LEGAL DISPOSAL. 6. REMOVAL OF TREES AND STUMPS. 7. CLEARAND GRUB SITE. EXHIBIT D ... 4 BARLO CIRCLE PO. BOX 432 ... DILLSBURG, PENNA 17019-0432 TEL: (717) 432-3429 FAX: (717) 432-7343 E-Mail: 10barasI@epix.net ,~ ~ . w_ ~ ...' ,~"..-.," 8. STRIP AND REPLACE TOPSOIL. 9. REMOVAL OF MISCELLANEOUS SITE IMPROVEMENTS (CURBS, WALKS, ETC.). 10. HAULING AWAY EXCESS MATERIALS IF NECESSARY (EARTH OR TOPSOIL). 11. SUPPLYING BORROWMATERIALS IF NECESSARY (EARTH OR TOPSOIL). 12, STONES UNDER SlABS. 13. STONES UNDER WALKS. 14. CURB EXCAVATiON AND BACKFILL. 15. MISCELLANEOUS EXCA VATiON AND BACKFILL (PADS, THICKENED SLABS, ETC.). 16. LINE PAINTING/MAR/[INGSlSYMBOLS. 17. VEHICLE BUMPER BLOCKS. 18. STORM WATERDRAlNAGE SYSTEM WITH MANHOLES, INLETS, AND RIP-RAP. 19. RELOCATE FIRE HYDRANTS. 20. WATERLINES COMPLETE. 21. SANITARY SEWER. 22. SUPPLY AND INSTALL BASKETBALL HOOP BACKSTOP. 23. ALTERNATE #5 ACCEPTED -REMOVE CONCRETE WALKS AND PREP STONE BASE. 24. UNIT PRICES: A. BULK ROCK REMOVAL - S75.00/CY B. TRENCH ROCK - S225.00/CY e. COMMON FILL - $9.50/CY D. SELECT FiLL - $28.00/CY E. CONTAMINATED SOIL STOCKPILE - $40.00/CY F. DISPOSAL OF CONTAMINATED SOiL - $75.00/TON SPECIAL REOUlREMENTS: 1. Due to possible communication conflicts, the oW1ler & LOBAR ASSOCIATES, INe. require that aU correspondence, written & verba~ from subcontractors & moterUd supplie,s be directed th,ough LOBAR ASSOCIATES,INe. in lieu of direct correspondence with the OW1le' & p,oject engineers/architect In addition, aU clarifICations should be forwarded to LOBAR ASSOCIATES, INe. via fax 0' mail in lieu of verbal communication. 2. This subcontracto, is required to provide fulUune qualified supervision of you, personnel/tier subcontractors incfMding layou~ coordination, interp,etotion of plmts/specijications, eIi:. on this p,oject In addition, re>>iew of site, foundation, existing building conditions, eIi:oo. as weU as field measurements & verifICation are a requirement of this subcontract prior to commencement of work. 3. Ha1>e materials delivered when required. No storage is available on job site - if delivery is mandatory prio, to installation, this subcontracto, will have to provide required storage facilitks. Phased p,ojects should have materials shipped in phases unless storage is p,ovided. 4. Pratection of materials until OW1Ier-architect acceptance. 5. Material safety data sheets ore a requirement for this project & must be submitted within fourteen (14) days of the subcontract date and prior to materials arriving on the job site. 6. Submission of operation & maintenance manuals to be mode with initiol submittals. 7. This is formal notifICation that the development and enforcement of 011 OSHA, safety, and MSDS requirements on this p,oject is the sole responsibility of CUMBERLAND VALLEY EXCA VA TORS, INe. including verified safety conditions of other trades. It is also the responsibility of your personnel to immediate!JI correct any safety violations observed by ou' project superintendent, RUSS MARBURGER, on the p,oject Any fmes issued to LOBARASSOCIATES,INe. as a result of your fum's negligence or non-compliance will be the responsibility of your firm. 8. This project has a fum completion date of 17 SEPTEMBER 1999 with no time extensions permitted. AU materials and work schedules must be coordinated very closely with our project superintenden~ RUSS MARBURGER, at the site to meet the required completion date. Day to day schedule adjustments by this subcontractor are a requirement by this subcontractor to accommodate various project intangibles (weather, eIi:...) to maintI1in the fmal completion date. Multiple shifts & overtime are a requirement of this project as necessary to meet schedule requirements and/or LOBAR ASSOCIATES' superintendent's instructions. 2 EXHIBIT D ~'"'-.) 9. Daily removal & disposal of related deb,is off site. 10. Provide sufficient supervision & I1tQIIpower for scheduling, ,eceiving, unloading, & distribution of aU materinl deliveries, 11. AU testing and submission of reports are a requirement of this subcontract to assure quality of installations. 12. AU layout & coo,dinotion costs assoclated with this subcontract are a subcontract requirement 13. AU subcontractors must pfl1ticipllte in a I-hour weekly job site cieonup each Friday. 14. No invoices received by ftlX will be accepted. AU invoicing must be submitted in hard copy vin muil or hand carry. ARTICLE III. Time is of the essence and the subcontractor agrees to commence and to complete the work as described in article Ii as follows: A. All work to be perfonned in strict accordance with LOBAR ASSOCIATES, INC. 's progress schedule & directions. Non-compliance with LOBAR ASSOCIATES, INC. progress schedule andlor instructions may result in tennlnatlon of this agreement andlo, back cha'ges. Any penalties or damages assessed to LOBAR ASSOCIATES, INC. as a result of this subcontractor will be the responsibility of this subcontractor. B. Completion date for this p,oject is 17 SEPTEMBER 1999 with liquidated damages of .. per calendar day. Any liquidated damages assessed to LOBAR ASSOCIATES, INC. As a result of this subcont,acto, will be the responsibility of this subcontractor. HAs Assessed. No time extension of this contract will be recognized without the written consent of the contractor which consent shall not be wiihheld unreasonably consistent with Article X-4 of this contract, subject to the arbitration provisions herein provided ARTICLE IV. The contractor agrees to pay the subcontracto, for the perfonnance of this work the following sum: ONE HUNDRED FORTY-ONE THOUSAND, FOURHUNDRED TENDOLLARS ($/41,410.00), in currentfunds, subject to additions and deductions for changes as may be agreed upon in writing, & to make monthly payments on account thereof in accordance with A,ticle X, sections 20-23 inclusive. A. Monthly progress payment conditions - two (2) copies to LOBAR ASSOCIATES, INC. office by 20th of each month. Payment of this invoice to be as follows: Net less 10% retainage will be paid 30/45 days subject to architect-engineer/owner approval & receipt of payment by LOBAR ASSOCIATES, INC.fo, wo,kcompleted on this subcontract. No other charges such as Interest, carrying charges, taxes, etc... will be honored unless indicated othelWise or as agreed to by both parties in writing. Retainage to be released upon approval from architect and owner, and receipt of material & labor proof of payment releases. Monthly payment applications to be submitted on LOBAR ASSOCIATES' application for payment fonn showing percent completed each month. If your finn needs notarization of the invoice fonn, LOBAR ASSOCIATES will provide the selVice at no charge, however, the authorized representative signingfor your firm must be present in order for us to notarize the invoice. B. Failure to promptly invoice fa, &elVices rendered (within sixty (60) days afier selVlce is completed) will result in non- payment of delinquent invoices. C. No partial or final payments will be made without proof of material payments unless special arrangements are made with LOBAR ASSOCIATES, INC. D. If subcontractor fails to meet the subcontract requirements, all payments due including outstanding separate orders may be held until corrective actions are taken. ARTICLE V. Final payment shall be due when work desc,ibed in this contract is fully completed and perfonned In accordance with the contract documents, & payment to be consistent with Article IV & Article X, sections 18, 20-23 inclusive of this contract. Before issuance of any payment, the subcontractor, if required, shall submit evidence satisfactory to the contractor that all payrolls, material bills, & all known indebtedness connected with the subcontracto,'s work have been satisfied. 3 EXHIBIT D ';,;;- , ,''''',~~, ~ . ", ~' ,~ .#j--' ARTICLE VI. Perfonnance & payment bonds. (N/A) SUBMIT A PAYMENT & PERFORMANCE BOND. ARTICLE VIL Temporary Site Facilities. A. This subcontractor shall provide all tempo'ary site facilities as required or as necessary to perfonn his work B. Debris related to the wo,k included in this subcontract shall be removed & disposed of by this subcontracto,. Back charges shall be made for non-compliance. ARTICLE VIII. Insurance Unless otherwise provided herein, the subcontractor shall have a direct liability for the acts of his employees & agents for which he is legally responsible, and the subcontractor shall not be required to assume the liability for the acts of any others. Prior to starting work, the insurance required to be furnished shall be obtained from a responsible company or companies to provide proper & adequate coverage & satisfactory evidence will be furnished to the contractor that the subcontractor has complied with the requirements as stated in this section. A. Provide two (2) insurance certiftcates in occo,dance with p,oject insu,ance ,equirements. Certifrcates must be submitted p,ior to commencing with any work. ARTICLE IX Job Conditions ( X) A complete list of aU material suppliers & ~econd tier subcontractors with their addresses and telephone numbers must be submitted to LOBAR ASSOCIATES, INe. within fifteen (15) days from dote of signing of agreement by subcontractor. ( X) Cost breakdown for labor & material must be sub1llitmd to LOBAR ASSOCIATES, INC. within fifteen (15) days from date of signing of agreement by subcontractor. () Submit pay'oU reports within seven (7) days week-ending to this office. MonOdy payment estimates cannot be approved without pay'oU ,eports being sub1llitmd. ( X) Provide ten (10) copies of aU submittal data exactly as required in speciftcatiom no later than, copying charges will be assessed if the requested number of copies ore not supplied.Y our firm may be held liable for delay costs if submittals are nat mode as required and within the ,equested time f,ame. AU submittals shoU be addressed to the attention of Janice Fleming. ( X) E.E.O. & Affumalive Action are a part of this subcontract. Execute and ,eturn certification with contract. (X) AU work to be performed in strict accordance with LOBAR ASSOCIATES, INe. safety program. ( ) Use of foreign steel & alaminum products is p,ohibited on this project. ARTICLE X In addition to the fo,egoing provisions the parties also agree that the subcontractor shall: 1. Be bound to the contractor by the tenns of the contract documents & this agreement, & assume toward the contractor all the obligations & responsibilities that the contractor, by those documents assumes toward the owner, as applicable to this subcontract. 2. Submit to the contractor applications for payment at such times stipulated In Article IV so as to enable the contractor to apply for payment. If payments are made on valuations of work done, the subcontractor shall, before the first application, submit to the contractor a schedule of va lues of the various pa,ts of the work, aggregating the total as required by the owner, and, if required, supported by such evidence as to its correctness as the contractor may direct. This schedule, when approved by the contractor, shall be used as a basis for certificates for payment, unless it be found to be in error. In applylngfo, payment, the subcontractor shall submit a statement based upon this schedule. If payments are made on account of materials not incorporated in the work but delivered and suitably stored at the site, or at some other location agreed upon in writing, such payments shall be in accordance with the tenns & conditions of the contract documents. 3. Pay fa, all materials & labor used in, or in connection with, the perfonnance of this contract, through the period covered by previous payments receivedfrom the contractor &furnish satisfactory evidence when requested by the contractor, to verify compliance with the above requirements. 4 EXHIBIT D 4. Make all claims for extras,forextenslons of time, &for damage for delays or otherwise, promptly to the contractor consistent with the contract documents. Subconlracto, further agrees thatfor all claims for extras,for extensions of time, andfor damage for delays arlsingfrom the design, specifications, or requirements fOr/he project, or for concealed or unknown conditions, or arising from or related to the conduct of the owner or its agents or representatives, that subconlracto, shall be bound by, and subcontractor's recovery shall be limited solely to, such recovery on account of said claims which contractor receives from the owner. and subcontractor shall cooperate with contractor and shall be responsible for all of contractor's expenses reasonably incurred in pursuing said claims. Subcontracto, further expressly agrees that it shall not be entitled to make a claim on any labor and material payment bond provided on the project by contractor on account of any such claim, or to recover 0' attempt to recover the difference between subcontracto,'s claim and any amount which contractor receives from the owner on account of said claim. 5. Take necessary precaution to properly protect the finished work of other trades. 6. Keep the building & premises clean at all times of debris arising out of the operation of this subcontract. The subcontractor shall not be held responsible for unclean conditions caused by other contractors or subcontractors, unless otherwise provided for. 7. Comply with all statutory and/or contractual safety requirements applying to his work and/or initiated by the contractor, and shall repo'twithin three (3) days to the contractor any injury to the subcontractor's employees at the site of the project. 80. Not assign this subcontract or any amounts due or to become due thereunder without the written consent of the contractor. 8b. Nor subcontract the whole of this subcontract without the written consent of the contractor. 8e. Nor further subcontract portions of this subcontract without written notification to the contractor when such notification is requested by the contractor. 9. Guarantee his work against all defects of materials and/or workmanship as called for in the plans, specifications, & addenda, or if no guarantee is called for, then for a period of one (1) year from the dates of partial or total acceptance of the subcontractor's work by the owner. lOa. No separate understanding or agreements of any kind will be entered into by the subcontractor & the owner and/or his architect of agents relative to any original or extra work contemplated by this agreement unless the same is first approved in writing by contracto,. lOb. Subcontractor shall insure that all subcontracto,s, emplayees, & suppliers, at all times, are paid all amounts due in connection with the peiformance of this subcontract. After the fi,st payment hereunder, contractor shall have the right to withhold any subsequent payments until subcontractor submits evidence satisfactory to contractor that all amounts owed in connection with peiformance of this subcontract have been paid. Further, subcontractor agrees that contractor may pay all persons which have not been paid the monies due them in connection with this subcontract whether or not a lien has been filed, & subcontractor shall, to the extent that contractor has not recovered said amounts pursuant to withholding, pay said amounts to contractor upon demand. Subcontractor shall also immediately reimburse contractor for any amounts paid under contractor's payment bond in connection with this subcontract & indemnified by contractor. In the event contractor is required to pay or IndemnifY any persons hereunder, subcontractor shall Immediately reimburse the contracto, fo, the full cost thereof, including attorney's fees. IOc. Should subcontractor at any time fail to supply a sufficient number of skilled workmen or a sufficient quantity of materials of proper quality, or fail in any. respect to p,osecute the work covered by this subcontractor with promptness & diligence, or fall In the peiformance of any of the agreements herein contained, or should any workmen peiforming work covered by this subcontract engage in a strike or other work stoppage, or cease to work due to picketing or othe, such activity, contractor may in any of such events, at its option, without prejudice to any other remedies it may have, after forty-elght (48) hours written notice to subcontractor, provide any such labor and materials and deduct the cost thereof from any monies then due or thereafter to become due subcontractor; and further, in any of such events, contractor may at its option, without prejudice to any other remedies it may have, terminate the employment of subcontractor's firm for the work under this subcontract & shall have the right to enter upon the premises and take possession,for the purpose of completing the work hereunder, of all the materials, tools, & equipment thereon, & to finish the work & provide the materials therefore either with its own employees 0' other subcontractors; and in case of such discontinuance of the employment by contractor, subcontractor shall not be entitled to receive any further payments under the subcontract or otherwise, but shall nevertheless remain liable for any damages which contracto, incu,s; if the expenses incurred by the conlracto, in completing the work shall exceed the unpaid balance, subcontractor shall pay the difference to the contractor along with any other damages 5 EXHIBIT D IOd. incurred by contractor as the result of subcontractor's default. Contractor shall have a lien upon all materials, tools, & appliances taken possession alto secure the payment thereof, subcontractor shall be liable to contractor due 10 the failure of subcontractor's performance, subcontractor'. failure to kep the progress of its workup to that of contract of other trades, or the failure to execute its work as directed by contracto,. Subcontractor agrees that when the contract documents, specifications, or drawings require, subcontractor will comply with any applicable state or federal prevailing wage law as well as any rules 0' regulations promulgated therounder. The subcontracto, agrees to comply with all such terms & conditions which are applicable to this subcontract and to indemnify & hold the contractor harmless for any failure to comply with such conditions. Subcontractor will have sole responsibility for complying with the standa,ds set forth in the rules & regulations promulgated pursuant to the Construction Safety Act (40 u.s.e. 327) & other OSHA related provisions to the extent applicable to the subcontractor's po,tion of the work & subcontractor shall indemnify and save the contractor harmless in connection therewith from any and all damage including attorney's fees, cost of c01rectlve action, fines, etc. And does hereby agree that the contractor's equipment will be available to the subcontractor only at the contractor's discretion & on mutually satisfactory terms. Furnish periodic progress repol1s of the wo,k as mutually agreed including the progress of materials or equipment under this agreement that may be in the course of preparation or manufacture. Make any and all changes or deviations from the original plans and specifications without nullifying the original contract when specifically ordered to do so in writing by the contractor. The subcontractor prior to the commencement of this revised work, shall submit promptly to the contractor written copies of the cost or credit proposalfor such revised work in a manner consistent with the contract documents. Cooperate with the contractor & other subcontractors whose work might interfere with the subcontractor's work & to participate in the preparation of coordinated drawings in areas of congestion as required by the contract documents, specifically noting & advising the contractor of any such interference. Cooperate with the contractor in scheduling his work so as not to conflict or interfere with the work of others. To promptly submit shop drawings, drawings, & samples, as required in order to cany on said work efficiently and at speed that will not cause delay in the progress of the contractor's work or other branches of the work carried on by other subcontractors. Comply with allfederal, state, & local laws & ordinances applying to the building or structure and to comply and give adequate notices relating to the work to proper authorities and to secure and pay for all necessary licenses or permits to cany on the work as described in the contract documents as applicable to this subcontract. Comply with federal, state, & local tax laws, social security laws, unemployment compensation laws & workmen's compensation laws insofar as applicable to the performance of this subcontract. And does hereby agree that aI/ work shall be done subject to final approval of this architect 0' owner's authorized agent, & his decision in matters relating to artistic effect shall befinal, ifwithin the terms of the contract documents. The subcont,actor shall bear.f!!11 responsibility fa, aI/ work to be performed under his subcontract, including all roof penetrations, cutting, patching, etc. The subcontractor agrees that the cost of all cutting & patching has been included as part of subcontractor's work The subcontractor agrees that he shall employ artisans and tradesmen of the trade normally responsible for the roof, or for finish work involved to cut and patch around the work of subcontractor's trade. The subcontractor shall mak aI/ applications for payment to LOBAR ASSOCIATES, INe. as agent for the owner. LOBAR ASSOCIATES, me. shal/submit said applications to the architect and owner fa, payment. Upon approval of payment by the architect and owner, and payment by the owner to LOBAR ASSOCIATES, INe. as agentfor the owner, to subcontractor in accordance with the terms of this subcontract. The subcontractor further acknowledges and agrees that LOBAR ASSOCIATES, INe. shall have no liability to subcontractor for the owne,'s failure to pay for work performed by subcontracto" and subcontractor agrees to hold LOBAR ASSOCIATES, INC. harmless from any claim fa, paymentfor work performed by subcontractor, and to indemnify LOBAR ASSOCIATES, INe. from any such claims made by subcontractor's subcontractors, employees, agents, and material suppliers. IOe. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. That The Contractor & Subcontractor Agree: 21. That in the matter of arbitration, their rights and obligations, and all procedure shall be analogous to those set forth in the contract documents provided, however, that a decision by the architect or owner's autho,ized agent, shall not be " condition precedent to arbitration. 22. As a separate covenant, made in consideration of contractor executing this agreement, the subcontractor does 6 EXHIBI.T D hereby expressly release and relinquish any and all rights to maintain, or have fiied or maintained, any mechanics lien or claim against the p'oject premises, or any part thereof, or any building or buildings thereon, for or on account of any work, labo" and materials performed or fUrnished under this subcontract, and agree that no such lien or claim shall be so filed 0' maintained on the subcontractor's behalf The subcontractor fUrther agrees to hold contractor harmless from any lien or claim for liens against aforesaid premises or any part thereof, or any buildings thereon, or any subcontractor, or supplier. or any persons acting through or under the subcontractor; fUrther that if at any time there shall be any evidence of the filing or maintenance or any such lien Or claim for lien, contractor shall have the right to deduct from the amount otherwise due the subcontractor, an amount sufficient to indemnifY contractor for any and all loss or damages which may result from such lien or claim. The subcontractor agrees fUrther that this waiver shall be an independent covenant and shall operate and be effective with respect to this agreement and any supplements issued thereto, and shall survive termination of this subcontract The subcontracto, shall fUrnish a complete and notarized release of lien on a monthly basis, if requested by contractor, and Q( completion of its work as requested by contractor. The subcontractor fUrther agrees to empower contractor or any attorney or prothonotary of any court in any jurisdiction where a lien may have been filed. to appear for the subcontractor and in its name and to mark satisfied any mechanics lien or claim filed by the subcontractor 01" in its name against the said buildings or grounds for which this document or any certified copy thereof will be good and sufficient warrant. In the event that any party is requested but refuses to honor the indemnity obligations hereunder, then the party IndemnifYing shall, in addition to all other obligations, and upon adjudication of the party's liability for indemnification, pay the cost of bringing such action, including, but not limited to, attorneys'fees, costs and expertfees, to the party requesting indemnity. r:] i:l ; 11 ARTICLE XI. Termination Clause LOBAR ASSOCIATES, INC. shall have the ,ight to terminate this contract and to hire anotber contractor to perform the incomplete portion of the work should the contractor fail to perform its obligations under this contract. LOBAR ASSOCIATES, INC. shall also have the right to recover any and all losses or damage, including attorney's fees, resulting from the contractor's breach of contract. Any amount determined to be due LOBAR ASSOCIATES, INC. by any arbitration, arbitration panel, court, or through any other dispute resolution technique shall bear interest from the date the breach occurred at the maximum rate permitted by the usury laws of the applicable jurisdiction. ARTICLE XII. In witness whereof the parties hereto have executed this agreement under seal, the day and year first written above. If this subcontract is not executed within fourteen (14) calendar days afier receipt, LOBAR ASSOCIATES, INC. reserves the right to void this agreement and obtain these services from another firm. THIS SUBCONTRACTOR CERTIFIES THAT IT MAINTAiNS A NON-SEGREGATED PLACE OF BUSINESS AND IS AN EQUAL PPO T 'ITY) /J EMPLQ ~ (SEAL) B ATTEST: LOBAR ASSOCIATES, INe. CONTRACTOR ATTEST: 7) J4~on/llan~ D. GINGER RTMAN, OFFICE i4GER ~ hf/~~ J"EFrlffiJ: A.1J'-1E4.L'K.I., vr Or .c..InlktAT~-J.Vti ~~ ~11~l':f"'- ~. 7 EXHIBIT D -~ " "I,j 1 ... SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2000-04869 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CUMBERLAND VALLEY EXCAVATORS VS LOBAR ASSOCIATES INC R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: LOBAR ASSOCIATES INC but was unable to locate Them in his bailiwick. He therefore deputized the sheriff of YORK County, Pennsylvania, to serve the within COMPLAINT & NOTICE On July 31st , 2000 , this office was in receipt of the attached return from YORK Sheriff's Costs: Docketing Out of County Surcharge DEP. YORK COUNTY 18.00 9.00 10.00 35.60 .00 72.60 07/31/2000 SNELBAKER, ~~ R. Thomas Kline Sheriff of Cumberland County BRENNEMAN & SPARE Sworn and subscribed 0 before me this ~ day of JJm) ~.D. ~.../P4tt~ry .~ COUNTY OF YORK OFFICE OF THE SHERIFF SERVICE CALL (717) 771-9601 28 EAST MARKET ST., YORK, PA 17401 3. DEFENDANT/S! Lobar Associates, Inc. SERVE { 5. NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC, TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED. ATTACHED, OR SOLO. . Lobar Associates, Inc. 6. ADDRESS {STREET OR RFD WITH BOX NUMBER, APT NO., CITY, BORO, lWP., STATE AND ZIP CODE AT 4 Barlo Circle, Dillsburg, FA 17019 ?INDlCATE SERVICE, 0 PERSONAL 0 PERSON IN CHARGE .10 DEPuru!EumbeGElmlilji\"""u"1!HST CLASS MAIL NOW 7 /1 2 100 19 _I, SHERIFF olX~ cO~N reby deputi Vorl<- COUNTY to execute . ~rn to law. This deputation being made at the request and risk of the plaintiff. . . ... ........ INSTRUCTIONS . F'q:ASi; TY~t: gNI-Y LINi;S 1 TO 12 PQNPT.I:)'E-rACH ANYCOF'IES. 2. COURT NUMBER 4. TYPE "OF WAIT OR COMPLAINT SHERIFF SERVICE PROCESS RECEIPT, and AFFIDAVIT OF RETURN t. PLAINTIFFISI Notice & Complaint 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE: Cl POSTED a OTHER eriff of ding Cumberland OUT OF COUNTY CUMBERLAND ADVANCE FEE PAID BY CUMBERLAND cx)UNTY SHERIFF NOTE ONLY APPLICABLE ON WRIT OF EXECUTION: N.S. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any property under within writ may leave same without a watchman, In custody of whomever Is found in possession, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction, or removal of any property before sheriff's sale thereof. 9'lIff~N~~D~~E~~~INATOR and SIGNATURE 10. TELEPHONE NUMBER 11. DATE FILED 44 WEST MAIN ST., MECHANICSBURG, PA 17055-0318 717-697-8528 7/10/00 12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (This area must be completed If notice is to be mailed). CUMBERLAND CX)UNTY SHERIFF SPACE BELOW FOR USE OF THE SHERIFF ONLY - DO NOT WRITE BELOW THIS LINE SIGNATURE OF AUTHORIZED CLERK 14. Date Received 15. Expiration/Hearing Date 8/9/00 13. I acknowledge receipt of the writ or complaint as indicated above. J. LUDWIG 7/14/00 . RESIDENCE ( I POSTED ( POE OTHER ( ) SEE REMARKS 16. HOW SERVED, PERSONAL ( ) 42. day of (7/dl/oo) 762; <:l"-... ~ t\j23. Advance Costs 'i) 100.00 "" 34. Foreign County Costs 35. Advance Costs 36. Service Costs 41.AFFlRMED and subscribed to before me this 26th SO ANSWER. 44. Signature of eriff 45. Signature of York County Sheriff WILLIAM M. HOSE ~ 7/26/00 43. Commissl 46. Signature 0 oreign MY COMMISSI N EX~jH~S Coun Sheriff 50.1 ACKNOWLEDGE RECEIPT OF THE SHERIFF'S RETURN SIGNATURE OF AUTHORIZED ISSUING AI.lTHORITY AND TITLE 1. WHITE - Issuing Authority 2. PINK - Attomey 3. CANARY - Sheriff's Office 4. BLUe - Sheriffs Office 49. Date 51. Date Received - - .-'...... ".' :.t'1: ---'- -~ .'" ....-~ - - - -~ . "~ "RECEIVED" " OFFICE OF SHERIFF YORK, PA '00 JUt. lY Af'J 11 52 jj- --- ... - ~ . .~ " \ ~ .~ ~.... .- ~ . , . ~ ..: -<;--"'.- -~~ ..----,----------- ;; COUNTY OF YORK "OFFICE OF THE SHERIFF SERVICE CALL (7m 771-9601 28 EA$T M~RKET ST., YORK, PA 17401 - ~ "lfo' . 3. DE1'END ~ .J.~...... INSTRUCTIO~S PLEASE TYPE ONLY LINES 1 TO 12 DO NOT DETACH ANY COPIES. 2. COURT NUMBER 2-0 - 4 8 6 9 4. TYPE OF WAIT OR COMPLAINT Notice & Complaint , SHERIFF SERVICE PROCESS RECEIPT, and,AFFIDAVIT OF RETURN 1. PLAINTIFFIS/ " ~ , SERVE . AT 4 Barlo Circle, Dill~buJ;'S' PA, 17019 7. INDICATE $ERVICE: Q PERSONAL ~ PERSON IN CHARGE ~'DEPuTIz~um1:mJE~d.. _ 0 l_ST ~LASS MAIL _ _ 0 POSTED C'-OTHER. NOW 7 /1 ? m (1 . 19 ~ I, SHERiFF O~C(jUNTY: PA, do iiereby deputize the sherllfol to law. This '{.~.fu\'t;on b~lng made at the request and rls~~~~~t:xeCiJi&thrs-Wr1fiii1dmlike-relul1l thereolaccordlng &HE"RIFF OF YlOl'l1lC 'COUNTY 8. SPECIALINSTRucnONS OR OTHER INFORMA1l0NTHATWILLASSIST.IN EXPE DI1lNGSERVICE: -- - - --- - -. .--- ----~ -,~ --- .-.---, Cumb.erland OOT OF COUNTY CUMBERLAND R ON. R D R ON R PI; BE LEVIED, ATTA , OR SOLD. ,~ ADVJIN:E FEE PAID BY CUMBERLAND OJONTY SHERIFF . NOTE ONLVAPPUCABLE ON WRIT OF EXECUTION: N.s. WAIVER OF WATCHMAN - Any deputY. sheriff iE;vylng ui:mn or-attaching any properry.-underwfihi'n writ may leave same wIthout a watchman, in custody of whomever is found in possession, after notifying pers_on of levy or attachment, without liability ~m the part of such deputy or the sl1eriff to any plaintiff herein for any 100~S, destruction. 9r removal of any property before shenffs sale thereof. 9, TYPE NAMl: AND ADDRESS of ATTORNEY/OFUGiNATO,fand SIGNATURE - 10. TELEPHONE NUMBEB ,11. DATE FJLED RICHARD C. SNEUlAKER, ESQ. . , "i 44 ~ MAIN aT.. MEJ:::HANI~. PA 17055-0318 717-697-8528 7/10/00 12. SEND NOTICE OF SERVICE COPY TO,NAME'AND ADDRES~ BELOW: (This area must be completed If notice 18 to be mailed). CUMBE;RIAND COUNTY SHERIFF 'SeA EBEOWF 't 16. HOW SE8YED: $J:,F-THE HE IF ONLY-D N T NA R"E -AUTH RIZ~D CLERK BEL UN 13. I acknowrEidge receipt of the writ . or complaint as indicated above. 14. Date Received 15. Expiration/Hearing Date 8/9/00 SEE REMARKS J. 21.A: i '------" C-.--Fo . /1 j , I .. , " , , I f , , j ) ,- ( " ) ,II . ,of ,~ " _ __n___ 1'.. u~ ::1 .... '" . .....,.-, Y MMI 26th 4:4. Sig_nalu,!,?~ 45. Signature of YOrk County Sheriff WILL1Ml M. HOSE 46. ignature 0 orelgn Coun Sheriff. RN SIGNATURE '~ 47. Date . <-.~.;z.-.:-~ d.--:"':~... 41 ,AFFIRMED and su~s:~e~_.to_~~f9!.e. ~,I~~.. '. ~"':.;/' . ,.~- ~ .~.' 42. day of -Jtu:.ii' to "',. ...-. ~'- ""-1... ' ~ -. 48. Dale 4$. /(/ '2-~ ' 7126/00 's "_ ~i. 49. Date 51.Date Received Oc .> 4. ~US~-.sheriifs 'office. ",",-." ~ ''t-J ___-- ~"""j,.'~_:'~::""".'_..."_',J_ __.:-n _-4'l>S~~=-'" - >,~ ~,- '" -O-,c,'. '.,-;. < , , ,-:.->;'n-ili ~,;",-,-,",:~~,;:~~c.o;;;~' ,~-;-'-..: 'n: :,:,"~~ 'e---,,,.~ ,~; i .'--~ .' ~-- !~;:-"~i;_~'::,:~'~;~'(:;;~'<-_ . . ~ . CUMBERLAND VALLEY EXCAVATORS, INC., : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : CIVIL ACTION - LAW vs. LOBAR ASSOCIATES, INC., : NO. 2000 - 4869 CIVIL TERM Defendant : JURY TRIAL DEMANDED TO: CUMBERLAND VALLEY EXCAVATORS, INC., Plaintiff and RICHARD C. SNELBAKER, their counsel YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE ENCLOSED ANSWER WITH NEW MATTER WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A JUDGMENT MAYBE ENTERED AGAINST YOU. McNEES, WALLACE & NURICK iane M. 0 ars Atty I.D. No. 44369 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717)237-5354 By Counsel for Defendant Lobar Associates, Inc. Dated: September 13, 2000 -. i' -- . ~ ~ ~-", ~_'. "'--. >-' _" . '_ ._",. _ "__ ~ ",.. ;,' ,"',_: ',,'. - - ,',_ ~.~., ",;"-:;,' (_',C'_ ~" '~ ' .; ~^' CUMBERLAND VALLEY EXCAVATORS, INC., IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : CIVIL ACTION - LAW vs. LOBAR ASSOCIATES, INC., : NO. 2000 - 4869 CIVIL TERM Defendant : JURY TRIAL DEMANDED ANSWER WITH NEW MATTER AND COUNTERCLAIM FILED ON BEHALF OF LOBAR ASSOCIATES. INC. COMES NOW, Lobar Associates, Inc. ("Lobar") by and through its counsel, McNees, Wallace & Nurick and answers the Complaint of Cumberland Valley Excavators, Inc. as follows: 1. Admitted upon information and belief 2. Admitted. 3. Admitted upon information and belief. 4. Admitted with clarification. Lobar is a general contractor which builds commercial properties. Lobar is not primarily engaged in the land development business and did not serve in that capacity on any of the projects at issue in this litigation. 5. Denied. After reasonable investigation, Defendant is without sufficient information or belief to form a belief as to the truth of the averments of paragraph 5 and the same are, therefore, denied. Proof thereof, if relevant and material, is demanded at trial. 6. Denied. The averments of paragraph 6 constitute conclusions of law to which no response is required. If a response is deemed to be necessary, then said averments are specifically denied. 7. Denied. The averments of paragraph 7 constitute conclusions of law to which no -,--. , "-, i ~i ~ 'i i:i " :i I',. , I:i 1.1' , i'l I,' I:: ,', id II h i:i ,,; , _H'" _"_,_,,_ , -'-,'.,' "'" - - - -:-':,~,:-_._~.'"~~:';. '. - .__' -C'-'., -:::.,.-' "~'o--:,,-: - - -" ",._<~,'_ ,,,,.1 response is required. If a response is deemed to be necessary, then said averments are specifically denied. COUNT I BREACH OF CONTRACT (Frackville Project) 8. The answering averments of paragraphs 1 through 7 above are incorporated herein by reference as though set forth at length. 9. Admitted. 10. Denied. It is denied that an oral agreement to perform work existed. To the contrary, in the Spring of 1998, Plaintiff provided a written proposal to Defendant to perform site work in connection with both the Cracker Barren Project and the Holiday Inn Project. As the Projects were adjacent to each other, on or about April 15, 1998, Plaintiff and Defendant entered into a written contract to provide site work on an hourly basis for the Cracker BarrellHotel Site (hereinafter the "Frackville Contract"). A true and correct copy ofthe Frackville Contact is attached hereto and incorporated herein as Exhibit "A". 11. Denied. The answering averments of paragraph 1 0 above are incorporated herein by reference as though set forth at length. The Frackville Contract, being a writing, speaks for itself and sets forth the agreement of the parties. 12. Admitted, 13. Denied. It is denied that Plaintiff was requested to return to the site to complete the Holiday Inn Project. To the contrary, the Cracker Barrel Project and Holiday Inn Project were, in fact, a single project covered by the Frackville Contract. 14. Denied. The answering averments of paragraphs 10, II and 13 are incorporated -2- _,' " -. "~",--,_.. - '-0 ,-,-._",'; - ., ." .- ~. " -',--" <- ''<-- ~-.-. " 0-,--" < ~ "' '" ~., ~.' ';;,,< .-'~'~".:_'l::~.':,--~-,",i,-:::~~_:;"::~':.:,- ~'"':_ herein by reference as though set forth at length. l5. Admitted in part and denied in part. It is admitted that an alleged statement of account is attached to the Complaint without any detail or supporting documents. In connection with the Prackville Contract, Plaintiff has never provided Defendant with any signed slips for labor or material which have been unpaid. It is specifically denied that there is any unpaid balance under the Frackville Contract. To the contrary, Plaintiff has been paid in full. Moreover, during the course of performance of the Frackville Contract, Plaintiff executed signed and sworn statements that it had been paid under the Frackville Contract. The answering averments of paragraphs 10, 11 and 13 are incorporated herein by reference as though set forth at length. 16. Denied. The averments of paragraph 16 constitute conclusions of law to which no response is required. If a response is deemed to be necessary, then said averments are specifically denied. By way of further response, the answering averments of paragraphs 10, 11, 13 and 15 are incorporated herein by reference as though set forth at length. 17. Admitted in part and denied in part. It is admitted that Plaintiff is demanding payment of the sum of$42,941.32. It is denied that said sum is due to Plaintiff. Plaintiff has been paid in full for work done under the Frackville Contract. By way of further response, the answering averments of paragraphs 10, 11, 13 and 15 are incorporated herein by reference as though set forth at length. 18. Denied. The averments of paragraph 17 constitute conclusions oflaw to which no response is required. If a response is deemed to be necessary, then said averments are specifically denied. WHEREFORE, Defendant Lobar Associates, Inc. respectfully requests this Honorable -3- ",--, ~, -,' ,- ,-.-' ,,-,;.,-'- ,,,--; , _,c_I_:-:, .----.,. ~~-,-;. "'.." ~ ,~- ,0--' ':::,' ~, ",-'< _e_" , ,_ " _ Court to enter judgment in its favor and against the Plaintiff together with costs and such other relief the Court deems just. CQUNT II UNJUST ENRICHMENT/QUANTUM MERUIT (Frackville Project) 19. The answering averments of paragraphs 1 through 18 are incorporated herein by reference as though set forth at length. 20. Admitted in part and denied in part. It is admitted that Plaintiff did not perform work under the Frackville Contract as a gratuity. Any inference that any work was provided by Plaintiff which was not paid for by Defendant is denied. To the contrary, Plaintiff has been paid in full. The answering averments of paragraphs 10, 11, 13 and 15 are incorporated herein by reference as though set forth at length. 21. Denied. The averments of paragraph 21 constitute conclusions of law to which no response is required. If a response is deemed to be necessary, then said averments are specifically denied. By way of further response, the answering averments of paragraphs 10, 11, 13 and 15 are incorporated herein by reference as though set forth at length. 22. Denied. The averments of paragraph 22 constitute conclusions of law to which no response is required. If a response is deemed to be necessary, then said averments are specifically denied. By way of further response, the answering averments of paragraphs 10, 11, 13 and 15 are incorporated herein by reference as though set forth at length. 23. Denied. The averments of paragraph 23 constitute conclusions oflaw to which no response is required. If a response is deemed to be necessary, then said averments are specifically denied. By way of further response, the answering averments of paragraphs 10, 11, -4- ,-- ,'_,,_.__._ ._-,.,^~~,.- ..., '.,_ _,_ ._"-<_~~~,__",;_~, ,~", ,,:'-~;-;~,';:::i:,',;:~,",i._~,,_-;,,~,-;.__:" .0,.' 13 and 15 are incorporated herein by reference as though set forth at length. WHEREFORE, Defendant Lobar Associates, Inc. respectfully request this Honorable Court to enter judgment in its favor and against Plaintiff together with costs and such other relief the Court deems just. COUNT III BREACH OF CONTRACT (Washington Project) 24. The answering averments of paragraphs 1 through 6 above are incorporated herein by reference as though set forth at length. 25. Admitted in part and denied in part. It is admitted that the parties entered into a contract for site work in connection with the Cracker Barrel Old Country Store and Restaurant in Washington, Pennsylvania. The contract, being a writing, speaks for itself. 26. Denied. It is denied that any misinformation was provided to the Plaintiff or that Plaintiff performed any additional or "new" work for which it had not been paid. The scope of work to be performed by Plaintiff is set forth in the contract for the Washington Project. The contract, being a writing, speaks for itself and sets forth the scope of work and that the work was to be performed on a time and material basis with not-to-exceed amounts. By way of further response, the averments of paragraphs 46 through 65 of Plaintiffs New Matter and Counterclaim are incorporated herein by reference as though set forth at length. 27. Denied. It is denied that any additional or extra work was performed pursuant to an oral agreement. The answering averments of paragraph 26 above and paragraphs 46 through 65 of Defendant's New Matter and Counterclaim are incorporated herein by reference as though set forth at length. -5- , -~ ". ,~ , <',-,;., ._" ^ -,. "", '.- ,., .'\.'_':_> ,,~ ",' .' C_ :-_ t.,., -,.;:;':,'; *~.': --, -'-~ 28. Denied. The answering averments of paragraph 26 are incorporated herein by reference as though set forth at length. By way of further response, it is denied that Defendant orally agreed to any additional or extra work at the quoted rates. 29. Denied. The averments of paragraph 29 constitute conclusions of law to which no response is required. If a response is deemed to be necessary, then said averments are specifically denied. By way of further response, the answering av=ents of paragraphs 26 and 28 are incorporated herein by reference as though set forth at length. 30. Admitted in part and denied in part. It is admitted that an alleged statement of account is attached to the Complaint without any detail or supporting documents. Plaintiff has never provided Defendant with any signed slips for labor or material in connection with the Washington Project which have been unpaid. It is specifically denied that there is any unpaid balance for the Washington Project. To the contrary, Plaintiff has been paid in full. Moreover, during the course of performance of the Washington Project, Plaintiff executed signed and sworn statements that they had been paid for its work on the Washington Project. Byway of further response, the answering averments of paragraphs 26 and 28 above, and paragraphs 46 through 65 of Plaintiffs New Matter and Counterclaim are incorporated herein by reference as though set forth at length. 31. Admitted in part and denied in part. It is admitted that Plaintiff is demanding payment of the sum of$119,521.18. It is denied that said sum is due to Plaintiff. Plaintiff has been paid in full for work done on the Washington Project and, actually owes money to the Defendant in counection with this Project. By way of further response, the answering averments of paragraphs 26 and 28 above and paragraphs 46 through 65 of Defendant's New Matter and -6- ~,_o _ '-., --',<,; ,c.,"" , __ -,~~ ,_ in,,_' o. :,,;. ;"._' _, -<-<:~-,. ,~~-" 'i',' .__~, :~,_ 'oj; ,., , ,,' ,-",,' ,~, - -' -- --:",,-:- ,\-,~, 'i.""'l'~~'-' .' ,,:,;',,-.~-<;:< ',"c. '"' ''', Counterclaim are incorporated herein by reference as though set forth at length. 32. Denied. The avennents of paragraph 32 constitute conclusions of law to which no response is required. If a response is deemed to be necessary, then said avennents are specifically denied. By way of further response, the answering avennents of paragraphs 26 'r , ii, I !i. 'I, , above and paragraphs 46 through 65 of Defendant's New Matter and Counterclaim are incorporated herein by reference as though set forth at length. WHEREFORE, Defendant Lobar Associates, Inc. respectfully requests this Honorable Court to enter judgment in its favor and against Plaintiff together with costs and such other relief ii i!! i: !i the Court deems just. COUNT IV UNJUST ENRICHMENT/OUANTUM MERUIT (Washington Project) ,," Ii. w. Ii, ii 'I 33. The answering avennents of paragraphs 24 through 32 above are incorporated herein by reference as though set forth at length. 34. Admitted in part and denied in part. It is admitted that Plaintiff did not perfonn work on the Washington Project as a gratuity. Any inference that any work was provided by Plaintiff which was not paid for by Defendant is denied. To the contrary, Plaintiff has been paid in full. The answering averments of paragraphs 26 and 28 above and paragraphs 46 through 65 of Defendant's New Matter and Counterclaim are incorporated herein by reference as though set forth at length. 35. Denied. The avennents of paragraph 35 constitute conclusions of law to which no response is required. If a response is deemed to be necessary, then said avennents are -7- "-- -"00_'-', -, ," . " -, ';'''", ,,~,!.. ,,:-~ ..'C, ';,+_". ~o '_;i.;-i,,'>,_ -'-;-'<-';:d-~:-'-:~':-~'s ~c:-",::-- ;,j ;l specifically denied. The answering averments of paragraphs 26 and 28 above and paragraphs 46 through 65 of Defendant's New Matter and Counterclaim are incorporated herein by reference as !! " " [:'j i though set forth at length. 36. Denied. The averments of paragraph 36 constitute conclusions oflaw to which no i: I' I "j ,',j , :'~ specifically denied. The answering averments of paragraphs 26 and 28 above and paragraphs 46 , d I', i:J " " I:'! i'l i':: i,~ I': Li I, response is required. If a response is deemed to be necessary, then said averments are through 65 of Defendant's New Matter and Counterclaim are incorporated herein by reference as though set forth at length. :,j 37. Denied. The averments of paragraph 37 constitute conclusions oflaw to which no l,~ I response is required. If a response is deemed to be necessary, then said averments are specifically denied. The answering averments of paragraphs 26 and 28 above and paragraphs 46 through 65 of Defendant's New Matter and Counterclaim are incorporated herein by reference as though set forth at length. WHEREFORE, Defendant Lobar Associates, Inc. respectfully requests this Honorable Court to enter judgment in its favor and against Plaintiff together with costs and such other relief the Court deems just. COUNT V BREACH OF CONTRAlCT (Middletown Project) 38. The answering averments of paragraphs I through 7 are incorporated herein by reference as though set forth at length. 39. Admitted. 40. Denied as stated. It is denied that the contract contains a provision for Plaintiff to -8- = --,.-.". ~ -';;" "'O~ -.. - ',--.; _,_;, >-,'< _, ;.:'.-_'-',,;_A ;-: "_;k ;~_': _. .-._'_ "-_"o-.~'~, , dispose of contaminated soil at the rate of $75.00 per ton. To the contrary, such item was identified in the contract as a "Unit Price" which could be utilized by the Defendant or not. 41. Admitted in part and denied in part. It is admitted that Defendant advised Plaintiff in the summer of 1999 that it would not have Plaintiff perform any disposal work. It is denied that Defendant was bound to have Plaintiff perform such work or that Plaintiff was entitled to a profit on this work. To the contrary, Defendant was only bound to Plaintiff if it chose to have the work performed at the unit price rates. Due to Plaintiff being behind in its work and Defendant's exposure to liquidated damages, the disposal work was not included in Plaintiff s scope. By way of further response, the averments of paragraphs 46 through 65 of Defendant's New Matter and Counterclaim are incorporated herein by referenced as though set forth at length. 42. Denied. The averments of paragraph 42 constitute conclusions of law to which no response is required. If a response is deemed to be necessary, then said averments are specifically denied. By way of further response, the answering averments of paragraphs 40 and 41 above and paragraphs 46 through 65 of Defendant's New Matter and Counterclaim are incorporated herein by reference as though set forth at length. 43. Denied. The averments of paragraph 43 constitute conclusions of law to which no response is required. If a response is deemed to be necessary, then said avemients are specifically denied. By way of further response, the answering averments of paragraphs 40 and 41 above and paragraphs 46 through 65 of Defendant's New Matter and Counterclaim are incorporated herein by reference as though set forth at length. 44. Denied. The averments of paragraph 44 constitute conclusions oflaw to which no response is required. If a response is deemed to be necessary, then said averments are -9- -,';"_ .-0_,'" __"__0 _.-"x, ,-'..~ -" .=-- - ~'--,- -' '-' .' , "'"'"-~...;-.~--'.- .. -",\',,, ".'''0,'~'_'," /:- " ""__C~'.,";';' _: _"--_c,_."oc_.,'- ';'.., , specifically denied. By way of further response, the answering averments of paragraphs 40 and 41 above and paragraphs 46 through 65 of Defendant's New Matter and Counterclaim are incorporated herein by reference as though set forth at length. WHEREFORE, Defendant Lobar Associates, Inc. respectfully requests this Honorable Court to enter judgment in its favor and against Plaintiff together with costs and such other relief the Court deems just. NEW MATTER 45. The answering averments of paragraphs 1 through 44 above are incorporated herein by reference as though set forth at length. 46. If any amounts are due and owing Plaintiff under the Frackville Contract or on the Washington Project or Middletown Project, which is specifically denied, Plaintiff waived its claim by executing duly sworn affidavits and release ofliens on the three projects. 47. Plaintiff is estopped from claiming any sums are due or owing to it as a result of it executing duly sworn affidavits and/or release ofliens on the three projects. 48. Any additional or "new" work performed by Plaintiff on any of the three projects was done under a change order in accordance with the terms of the contracts and paid for by the Defendant. 49. On the Washington Project, Plaintiff claimed that it was entitled to an additional compensation for extra soil removaL 50. The parties reached an accord that Plaintiff would be paid the amount of$10,000 for extra work on the Washington Project which sum was paid by change order to Plaintiff. 51. The payment to Plaintiff by Defendant on the Washington Project constituted an -10- . "",-".~ _c;; << ' 0'.- .-~ . ^ "'-', -, ''',' - .:: ""~;,~' -~, C<_ '0-' ~, '-".''- ,-_,'o!,,,, ~~' ,~r 1f.'" ;"~,,-,,,"C' ,- ,k:',,-' "" ''''',- ';;'"""~~;t-'"'-" - - k accord and satisfaction. 52. Defendant has paid Plaintiff for all work performed on the three projects. 53. As a result of Plaintiffs failure to perform under the various contracts as more specifically set forth below, Defendant is not obligated to pay the Plaintiff the amounts demanded: (a) Plaintifffailed to perform the requirements of the Middletown Contract in a timely fashion despite being told that time was considered of the essence; (b) Plaintiffwas unable to secure materials and equipment on the Washington and Middletown Projects thus requiring Lobar to directly purchase a significant amount of materials and equipment on its behalf; (c) Plaintifffailed to perform the work on the three projects in a good and workmanlike manner; (d) Plaintifffailed to complete all aspects of the three projects as required by the three contracts; ( e) Plaintiff failed to supervise its work and that of subcontractors on the Middletown Project as required by the contract thus necessitating remedial work by others at a cost to Lobar; (f) Despite signing a sworn statement that all payments were made, Plaintiff failed to pay its supplier on the Washington Project thus resulting in Lobar paying the supplier directly as more fully set forth in paragraphs 46 through 65 of the Counterclaim; and (g) Plaintiff otherwise failed to perform the contracts in a satisfactory manner. 54. The fair value of the services rendered by Plaintiff was the amount paid by Defendant, and not the amount demanded by Plaintiff, because of Plaintiffs failures to perform -11- ,~ . -"..-, . ~-"-o , .;, .; ,. ,.'-' - '..,-"-- ..', "","-, , .--- ,<-'-';.-'-,~ ."",-'--'--" ., -..~' .,.-" -<..-,," .'--j","- , under the contracts as more specifically alleged above. 55. Defendant's payments to Plaintiff exceed the reasonable value of Plaintiffs services and discharges all obligations between Plaintiff and Defendant. 56. Based on the facts pled above, Plaintiff is estopped from denying that Defendant paid Plaintiff the fair and reasonable value for Plaintiff s services. 57. If any amounts are found to be due and owing Plaintiff by Defendant, which is expressly denied, then, in said event, Defendant is entitled to set off the amounts due and owing it by the Plaintiff as more fully described in Defendant's Counterclaim. Defendant incorporates by reference the averments contained in paragraphs 46 through 65 of its Counterclaim WHEREFORE, Defendant Lobar Associates, Inc. respectfully request this Honorable Court to enter judgment in its favor and against Plaintifftogether with costs and such other relief the Court deems just. COUNTERCLAIM 58. The averments of paragraphs 1 through 57 above are incorporated herein by reference as though set forth at length. 59. Plaintiff executed sworn statements that it had paid for all labor, materials and equipment used on the Washington Project. 60. Despite this sworn statement, Plaintifffailed to make payment to Hertz Equipment Rental ("Hertz") for equipment supplied to it on the Washington Project. 61. As a result of Plaintiffs acceptance of final payment from Defendant and failure to pay Hertz for equipment rental, Hertz made a claim against Lobar. 62. Lobar was forced to pay the sum of $21 ,482.00 to Hertz for equipment supplied to -12- ----'--,-';- <,- . .0_'_'0" ---:'-'~.'-Y - :,-,",-',"-'::',',:' -'- ; ,,"', _,-,. - '~.. ,--";." .."<,.... ~,,'-"<i'''-6: C:-,;"~-".~ ' Plaintiff in return for a release of claims. A true and correct copy of the Release Agreement executed by Hertz is attached hereto as Exhibit "B". 63. Plaintiff was under a contractual duty to supervise the work of all of its subcontractors and suppliers, to complete all aspects of the three projects, to pay for all labor, materials and equipment and to perform the requirements of the contracts in a timely fashion. 64. As a direct result of Plaintiff's actions as more fully set forth above, Plaintiff breached it's contracts with the Defendant. 65. In addition to the payment of$21,482.00 to Hertz, Defendant incurred additional administrative costs relating to the purchase of materials and equipment, additional supervision costs and remedial costs which in total exceed the sum of$30,000. WHEREFORE, Defendant Lobar Associates, Inc. respectfully requests this Honorable Court to enter judgment in its favor and against the Plaintiff in an amount in excess of $30,000, together with costs and interest as permitted by law. Respectfully submitted, McNEES, WALLACE & NURICK By Diane M. 0 arsky I.D. No. 44369 James W. Kutz I.D. No. 47245 100 Pine Street P. O. Box 1166 Harrisburg, PA 17108-1166 Attorneys for Defendant, Lobar Associates, Inc. Dated: September 13, 2000 -13- ,.,~~ " ',*" VERIFlCATION Subject to the penalties of 18 Pa. C.S.A. ~4904 relating to unsworn fulsification to authorities, r hereby certifY that r am Janice K Fleming, Secretaryrrreasurer of Lobar Associates, Inc., and that the facts set forth in ilie foregoing document are true and correct to the best of my infonnation and belief. i "'--.. " )Janice K. Fleming / \ G . \ \. I ........-. ./ --"-- Dated: 1 ~, ,~~- "i1I>.'\. SEP.12.2000 1:40PM NO. 168 P.2/8 . . SlJJ1iXJ1:iIBAC AGREEMEIVT BETWEEN CONTllACTOB & SUBCONTBACTOB SUBCONTRAcr~~~~2~Sl Ir.GIlEBMENT M.wE Ir.S OF:mE 15TB D.4Y OF APRIL IN lll'IIl'l!dR OF NlNImIllN HUNDRED.wD 98. BETWEEN Tl1S CONmlCTOR: LOBAR ASSOCIATES, INC. 4 SARLO CIRCLE P.O. BOX 432 DILLSBURG, PA I10I!MJ432 .wD TB1': SUBCON'I'&lCl'OR: CUMBERLAND VALl.BY EXCA VATORS, INC. 6315 BASEHOllE ROAD MECHANICSBURG, PA /1055 (111) 1(;6-5238 WI1NBSSBTH, 1HAT THE SUBCON1ll.4Cl'OR AND CONmlCl'OR FOR THE CONSlDE&l710N RE.I1ZlNAF1ER NAMliD Ir.GRIl/l d6 FQU.OM/: AR77CU 1. :mE SUBCON'l'MCl'OR 4GREES W /i7JRNlSH ALL MA7&'/ML AND P1i//FORM ALL WORK AS DBSCR/IIED IN AR7lClE a H1I/IE.OF FOR.' CIlA.CKBR BARREL OLD COUNTRY STORE, INC. SC1t.UJfLKILL MAlL FRACKWLLEI, PA FORLOB4R4&\'OCUlES,JlVC; TNAfJDOJ/lJANCE Wl7li' 'lH/SAGREEURNT, THE AGREEMENT /JETWEE/{'(HB OWMlR '" COMlUcroR, '" IN AccO.wANCE wmr mE GlINERAL CONDmON$ OF 1'1IB CONTRACT, SlJI'PUMBNTARY ~ COND/11ONs, 1l'IB DRdWlNG8. SPEC1Frct7WNII.~, AND/OR ADDl!ND4 PREPARl/D RY DESIGN .. ENGiNEERING HEREINAFTER = mEARCH/'IE.CTOR OWfoIBR's AUTHOR/7ED AGENT, ALL OF WHIC/l DOCUMENTS. HGNJf/J Bl':mE PARm 77lBRB7l') OR lD1I:N/lFlED BYrBEARCRl'I'ECToa Ofli{IIJI.'SAUTHON/?ED AGENT, FORM A PARTOF A CON11MCI:JlE1fIBENTlfE CON1R.!CTOR AND THE OWfoIBR D4llW S APRIL 1998. '" H1I/IE.BY BECOME A PART OF THIS COMllACT, '" I1E(IEJN IIBI'E/llIBD TO AS 7liE . CONlRA.CT I)()cuMENTS, '" SR.flL Bl! MAD" AV&UBCE ro :mE SUBCON'I'&lCl'OR UPON f//S REQrJE9'l' PRIOR trJ;lND ANYTIME ' SUBSEQUENT TO S/GNlm 7lllS tfUBCON'I'&lCT. AR77CLE 11. 7liE8U!lCOMlU~ '" :mE CONlRACTOR AGRm l7MT:mE M.llElMLS ANDEQIRPMENTTO BEFURNTSflBlJ oil WORK TO BE PEl/FORMED ARE COMl'/,E1E AS RIlQlIllIBD AND IN :mucr Acx:tJRIJANCE Wlm' PlANS, SPECJFlCA7lON8, olMBNDMllNJ'S, AND/OR.wDENl.lA. <I'i AS FOUO\V.l': A. APPUCABLE $BCTI0NS OF DIVISION 1 - GBNBRAL REfllllRBMBNTS. B. SITEWORX COMPLETE lOR CRACKER BARREUHO'l'EL SITE AS REQUIRED INCLVDING THE FOLLOWING: ~UI'II<U!!' ~ 2n1:t:lO i. CLEAR, GRUB, CUT AND FlU COMPLETE 'Tn. 1lliii8fT. ,." ~S (J't"l.C1O - 2. STORM SEWli1R, SANITARY, lVAmR AND FlRE _ $15,000.00. bI:$S ~.rs...."..-~ "j...."g- 14ofI''' - J. HELP COORDINATE PURCHASE AND DELIVERY OF U4.TElUALS AND TRUCKING. , IV/A - 4. LOBAR ASSOClAttS, INC. TO PROVIDE A!I- PRECAST AND PIPING U4.TERlALS.~ "$.?"?,, h~_ ......./A $l .~~ ~ vr.t!... ?~ /$ 7......~..S I~ 171/JO?, 17<<J4- /7"C'7 J!~ t/AiWP"~ S ,,,c,t;, ~hU- ~-~~ c;-..~"CJ~ ~ 4 BA.R.t.O CIRCLE P.O. BOX 432 ~ DILLSBURO, PENNA. /7019-0432 TEL: (717) 432.3429 FAX: (717) 432-7343 E.Mail: lobarWiJ~.p....net l~,~; SEP.12.2000 1:41PM NO. 168 , P.3/8 2 .lZPRf'!1AT,1lJ::nrlmIrMRN'n- I. DUE. 7I'J POSSlBLB COMMUNICA710N COlVPL/CTS, tHB OWNER '" LOBAR ASSOC1At1!IS. INe. REQUJRE 77lAT ALL OOllRESPONDBNCE, 'W/UTTEN '" Vll1lBAL, FROM SUBCONTRACTORS 41; M....n1R1AL SUI'l'LlEBS 1m DllIBCTE/J THB,OUGH LOBAR ASSOClA.:Il!'S, 1NC. IN L1EV OF D11liICT COBllBSPON1JBNC1!I _ 'lIlE OWNBR &: PROJECTENGlNEBRSIAIlClilmc'l'. IN ADDmON. ALL CLtI1UnCA.710NS SHOVLD BE FORWARDED 7I'J LOBAR ASSOClATES, INC. VL-l FAX OR lI<<l1. IN UEU OF VERBAL COMMUNlCA.710N. 2. 77lIS SUBCO"lTRAC7I'JR IS l/BflUlllBD 7I'J PROVlDB FUIL71ME Ql1ALlFIBD SUPNRVISION OF YOUR PBlJ.SONNBUTlER SUBCON'1'RACTORS INCLUDING LU'Orn; COORDJNA.710N. IN'l'BBPRBrA'liPN OF PLANSlSPECIFICA170NS. 8re. ON tHIS PROJECT. IN ADDI'170N, REVIEW 0' srfE. FOUNDA!I70N, BXlS17NG BUILDING CONDI'l'lONS. ETC. AS wm.L....S FIELD MEA.SUREMENJ! &: VElUIro4.'l'lON ARE A REQUIREMENT OF THIS SVBCONTRACT PRIOR TO COMMBNCBMENT OF WORK. S. BAVE MAmlUALS DELlV10lED WHEN BEflUlRED. NO STOJUGE IS AVAlLABLB ON /OBSlm-lJ' DELlVERY IS MANn.4.TORYPRlOR m INSTAUATlON. THIS SUlICON'l7tA.CTOR WILL BA VB TO PROVIDE l/B()JJIRED S7rJIMGE FACILrI7B$. PJ':lASE.D PR01EC'lS 1IH0lJUJ BA Vi!' MAmRL4LS SHIPPED IN PHASES UNLESS STOJUGE is PROVID.ED. 4. PROmCTlON OF MATERIALS UNTIL OWNER-ARCHlt1!ICT ACC1!1'TANCE. S. &<<mRIllLSAmn'DATA S11BETS AIlE A l/BaUllUIM1INT FOR THISPRODICT '" MUST BE SUBMI'l'TBD _IN l'DURmBN /74) DA1':S' OF'lIlE SUBCONTRACT DAm AND PRIOR TO MATBRlALS ARRIVING ON THE /OBSIT/t 6. SUBMISSION OF OPERA710N &: MAINTENANCE MANUALS 7I'J BE MADB m'l'll INl'l'lAL SUBMI7TALS. 1. THIS IS FORMAL N017FlCATION mAT THE DEYBLOPMENTAND HNFOROEMENT OF AU OSHA, SAFBTr, AND MSDS REQUIREMENTS ON THIS PROJECT IS TI1B SOLE IlESPONSlBlLlTY OF CUMBERLAND VALU'Y EXCA VAmss, INC. INCLUDING VElUFlED SAliE'TY CONPI'lWN$ OF O'lllER TRADES. IT IS ALSO THE l/BSPONSlBILlTY OF YOUR PBlJ.SONNEL TO IMMEDiATELY CORRBCT ANY SAFETY VIOlA.110NS OBSERVED BY OUE. PRO/BCt SUPERINTENDENT, CBJlItLlE DONNELLY ON THE PROJECT. ANY FINES ISSUED TO LOBAR ASSOClA11!S. INC. AS A l/BSuLT OF yOlJR FIBM'S NEOUGENCIl OR NON-COMPLlANCE WILL BE THE RESPONSIBILITY OF YOUR FIRM. &. THIS PROJECT HAS A FIRM COMPLB110N DATE OF 28 AUGUST 1998 WI'l'Iil NO 11MB llXTBNSIONS PBlWlTlED. ALLMAllllU4l.8 AND WORK SCBEDl/LBS MUST liE COORIJINAT/W vERy CLOSBJ.y WITH OuR PliO/BeT SUPBlUNTBNDENT. CBAlUJ.E DONNELLY AT Tl1E SlTB TO MBET THE l/BaUIRED COMPLETION DAm. DAY TO OAr SCHEDULE APJUSTMENTS BY mls SUBCONTRACTOR. AJtE A REQVlREME/fT BY mIS SVllCONTRACTOR TO ACCOMA/O/)ATB VARIOUS PRO./11CT lNTANGI1JLES (WEATHER, E1C.) TO MAINTAIN THE FINAL COMPLETION DAm. MULTll'LB SHim dI OVRR:i7ME ARE A REaUlREMENT OF THIS PROJECT AS NECESSARY TO MEET SCBBlJULE REQUIREMENTS AND/OR LOBAR ASSOClAms' SUPERINTENDENT'S INSTRUCTIONS. 9. DAILY REMOVAL dI DISPOSAL OF RELA7ED DEBRis OFF SITE. III. PROVIDE SUPFlClENT SUPERVISION & MANPOWER FOR SCHEDULING, l/BCBIVING. UNLOADING, oil; DISTRlBU770N 0' ALL MAmRlAL DELIVERIES. II. ALL TE$.TING IlND SVBMISSION OF llEPORTS AIlE A l/BaUIl/BMENT OF TBIS SUBCONTRACT 7I'J ASSURE QUALm OF INSTALLA'ilONS. 12. ALL LAYOUT d't COORDINA710N cosrs ASSOClAmD WITH THIS SUBCONTRACT AIlE A SUBCONTRACT l/BQUIREMEIiT. 13. AU SUBCONm4.CTORS MUST,pAll77ClPAm IN A I.HOUR WBBKLY JOBSI'l'B CLBAN-UI' BACH FlUDAY. 14. NO INVOICES llECElVED BY FAX WILL liB ACCEP71i:D. AlL INl'OIClNG MUST:BE SUBMl1TBD IN HARD COPY VIA. MI\.IL OR HAND CARRr. AIl'l1Cl.B /II. 71ME liS OF mE ESSENCE AND THll SIlBooN11ldc:TOl/ AGREES 2V COM!lIJ<NCZ AND 2V ooMPlE7E THll WOM AS DESCRIBED [N .<l/71a.E [[AS FtllLOI1I.l', A. AU WORK ro BE l'llRFORMED [N S7l/lCT ACCORD.<NClI Il'll7l LOlWl ASIIOCIA'/F.8. rNC, PlIDGRESli IJCIlEDIJlJii .It DllIEC1l0NS. NrJN.co1,lPlLlNCE W1l7l101l.<l/AllIIOCTA'lEB, lNC. PROCREI/S SClIEDVLE ANDIOR [N$'lR!lC1l0NS lIlAI' RESIlLT IN Tl!RM[Nd710N OF TIm AGREE.MEN1' AND/OR BdCK ClWIGES. ANI'PENdL'rrn OR DAMAGES ~ ro LOB.<l/ ASIIOClA'l1!!I. [NC. AS A /lESIJLT 011' 7mS SIlBCONTRACTOI/. wru; 1JE 7Rll RESPOMi1ll1lJ'/T OF 7mS SIlBCONTRAC7VR. -=~~~ .~. .~'~". SEP..12.2000 , P.4/8 1:41PM NO. 168 J B. crJl,I/'1Et1ONDA71IIFOR7'IlmPROJECTiS 28AUG1JST 1998 wmIU12U/lMlll2lDAMAGIl'SOF "PERClWlNDARDAY. ANY U(JlJIIJ,l7ED lMMAGIf.'/ AllSESncD TO LOBAR ASsoaATEII. INC. AS A RESULT 0/1' THIS :rul/CON1llAt'TOR W1U BI; THE RESPONYB/Ul't OF TfIIs 8UBCONlRACl'OR. '.AS ASSEssED. NO lllItE EX:1ENSlONOFTH/S CON.f/ldCT WlU.ilK RECOGNIZED W/TH0Ul' 7HlS WRl'J71II/i CONSENT OF mE CON1llAcroR WRlC1l CONSENr SHALl. NOT BE ~ UNREA~NABLY CONS=m- wmI AR71aE X-4 OF TH/S CO~CT, SUB/ECT 71) 71fB ARlIl7&tTfON PROVISIONS BERE/N PROlIrDEO. ARTICI..B IV, 27lB COImlAC1i:lJl AGREES tv PAY THE SUllCl)Nl1WZl'OR FOR :M'e Pa<F<>RMANCe OF ,",,'I WORK 71fB FOUOW1NG 8U/14, SEE AR27Cl.E 11 ,IN CUI/REN1' FUNDS, SUBJJJ:CJ: TO 1fD1Jl'l10NS AND DIi:DUC1l0NS irPR CHANG/;$ AS AMY BE AGREED UPON IN WR/T/NG, '" 7'0 MAKE; MOll77lLl'PAl'MW'RI ON ACCOUNTll'I'!:REOF IN ACCORDANcE: Jrn7{ AR'llCIE X. SEC'l1ONS 20-23 INCLUSIVE. A. MONTHLY PROGRESS PAYMENT CONDrllONS - 1W0 (2) COPI/1S ro LOBAR ASSOaA7ES, INC. OFFICE BY 207'H OF EACH MONTH. P....1'MEN'T OF THIS 1NVOlCE TOISE AS 'OUOlVS.. NE/' = JO'll RETA1NlGB: WILL lIE PAID JOUO DAlIf SUBmCT ro ARCHl1ECT-ENG/NBE:R101VNER APPROVAL'" RECE/1'7' OF PAYMENT BY LOllAR ASSOCM7lfS, 1/lC. FoR WORK COMPlETED.ON 77R'I SUBCON1IlACT, NO o71li;R CHARG&i' $UCB AS INlE/iESI', ClIRIll7N11 CllAKGIS6, T~, = W1U. BE HONORED .VNl.EJS lNmQj~ m7ll!lIW1SE:OJI AI AGREllD ro BY R071l P_ /NWJlmlVG. Rl!TAlJ\!{GE:P BE Rl!llE.ISED 1,1l'ON APPROVAl; F/WM dftCR/'lEQ1ND,,~, AND BRa!:/1'7' OF MA'lERLU. .. J"lB<>IlPBOOF OF PAYMENT I/EIEAIiES. MOll77lLl' PATMJ<N'/' APf'UCA11ONS 71) BE SUBMITIED ON AU DOCCIMENfS Gm! .. Gmt <>Il BlJtoIL FdRM SHOWING PERCENT COYPl$T(S/J .FACIi MONTH. FAlLUl/B tv Pl/DMP'1Ll' INVOra<! FOJl SERVlCHS Jl})M1E'./1Ell (Wf'aI/N Sll/Tf' (110) DAY.! AF'1E// SERVICE is COMPlEIED) W1LL RESULT IN NON-PAYMENT OF DWNQrn!:NT lNVOla;;s. c. NO PAR7r<lL OR l'1N,u, PAYMEN'/I/ WILL BE MIfDE WJmOu.r PROOF OF MA:llWdL PAYMENTS UNlESS 8/'EctAI. ARRANGEMENT.< .u<r;; MADE W/TH LOBAR ASSOCM7EI', 1/lC. B. D. IF stlBCONmACl'OR FAlU ro},lEEI' '17m SUBCOMrlAC1' REl2UDllWBNl:t, AU.l'AYMEli2S DUE INCLUDING OrmT>lNDING .I11PAM7lf ORDERS MAY lIE lIEU) UN11L COIlRBC7lVE AC1fONS ARB T4liN. ARTICLE V. FINAL PAYMI<Nr SHALl. BE DUIiI _ WORK DIS6CRlBIi:D IN THlS CON1&lCT ~ FUU.Y COMPUii71IIfJ A/'IfJ I'EIlFORMliD IN dCCORDANC;E IWm' 77iE: CONlRACT DOCUMENl'S, dl PAYMENT'ro BE CON81S1EN1' Jrn7{ AR7l'CU IV dl AR7l'a.Il X. IlF.cnONS IB, 20-;1,/ INCLUSIVE OF THIS CON1&lCT. BEFORE lSSlJANC!!. OF dNY I'A1MENl', THE SUBCONll1ACl'OR. IF R/lQUlRllO, SHAlL SUBMIT EVIDENCE SATfSFdCJ:ORY ro 'l7lE alNmdClllJl: mtT ALL PAl7iOu.s, Ml71ll1lLlL //IUS, '" AU. KNOWN lNDERlll2lNEIIS CONNEcnrD W177l '/HE SUBCON1&lcroR'S WORK H:lVE BEEN SA71SFlED. ARTICLB VI, Pl</IFORMANCIi: '" I'AWEN1' BONDS. (NIAJ SUBMIT A PAYMENT & PERFORMANCE BOND. ARTICLB VU. rnMl'ORdllY Slm 6,10=. d. THIS SUBCONmlCl'OB SHAU. PROVIDl! AU. 2EMl'OR.U/yam; FA= AS REfJUlRllO OIl AS N/<CESSABY 71) PEBFOlIM HM WORK. B. DEBRIS REL4.'1ED ro m wORK INCLUDIi:D IN TIllS SUBCONmlCJ: //HALL BE REMOVIi:D .. fJl~ OF /lY TH/S SUBCON1&lCTOR. !lACK ClM//UU SHAlL BE MAllE FOR NON-COMP/JANC1 AR:nCLB VIU. INSURANCE UNLESs 01HIiRWlSB PROVIDIi:D HEREIN, nil! SUBCON1llAC7VR SBAU. H:lVll A D/J/ECJ: UAslJJTY FOR 71fB AC7:\' OF HIS EMPLOl'U.$ dl AGEN'rS FOB WHICH HE is lZGAILY Rl!Sl'ONSIBU!:, AND 'lH1l WBCON1IlA CTOJl S8AlL NOT BS IlIlQU/RED 71) A.tSlJME THE UAB/U'lY FOR '/HE AC7:\' OF ANY O'lHERs. PRIOB ro.l2:<R7JM; WORK; mil 1NSURdIYtE REQUIRED ro REFURNISHED SRAU..BE OBTAINED PIlOM A RESPONSl/JU COMPANY OR COMPANIES ro PROYIDI> PBOPER .!I: IfDEQ!hlm COVI!BAGB: '" .\'dTfSFACTORl' EVlDBNClt IV1lL BE FURNISHED ro 'lH1l CONll1AC1'Ol/ 7E<T 'l'HB SUBCONmlCTOR lidS COMPUED IWm' '/HE REQIJ//tEMENTS AS STAlXO IN TIIl8SBr:rlON. ..!""--"'''""~ SEP.12.2000 1:42PM NO.16B , P.5/B 4 A. PROVIDB NO (.1) INSURANCE CER7117CATBS IN ACCORDANCE WI71l PIlOJBCT INSURANCE lfEfl~1'S, CBR77FlCA7J?S MUST BE SUBM17TED PRIOR ro COMMENCING WITH ANY WORK. (X) AR77Cl.B IX. lOB CONDmONS (X) ( ) (X) (X) (X) ( ) A COMl'U:m ~TOF ~ <l<<2l'l'RIAL SUPPUEBS 011: SECOND 77EIlSUBCON'l'RACroRS WITH THEIR ADDlfESSES AND TBl.BPHONE NUMBERS MUST BE SUBMlTI'ED ro LOIiARASSOCIA.7'ES' INC. WITHIN P1F'lBBN (15) DAYS mOM DAm OF SIGNING OF AGBBEMlINT Bl'.SUBCON!QMCroR. COST~WNRJR~OR & MA.mRIALMUST BE SllBMl7TED ro J:.i?BAR AS1QClAJ'BS, INe. WITHIN FIFfBEN(15) DAYS FROM DAm OF SIGNING OF AGBBEMENTB:Y SUBCDNTllACroR, SVBAl1T PMROI'+ R$POR1'S Wl'I7IIN SEVEN m DAYS WBEK-BNIJINGTO THI80Fmr:fE. MONTHLY PAl'MENZ'ES77MA:m'SCANN02' BE APPIlOll7lD WITHOUT PA.l'ROU.REPOR1'SB1dNG;S1JBMlTTBD~ PROVlDEmN (10) COP1B$ OF ALL SUBM1T1'ALDATA E<UC2Ll' A81fEflU1RBD INsPBClFIC.4T10NS NO MD1R27lA.N TEN (10) DAE! UPON RECE1PTOF SUBCON7'RA.CT,COi'FING ~_ WlU. BB ASSESSEIHF THE lfEQVESmD NUMBER OF COPIES ARE NOT svPPLIED. YOuR FiRM MAY BE HELD UiUlLB.mRDElAl'COSTS IFSVBM1'ITAlS ARE NOT MADEASlfEl2UIllEl) AND WITHIN THE llEguEsmD mm nttME. AIL SURMI1TAlS SHALL BE ADDRESSED TO THE ATI'ENT/ON OF JANICE FLEMING. E.E.O.. dI; AfFIllMA77YE ACTION ARE A PART OF 'lHIS SUBCONTRACT. BXECum AN/) lfETUllN CERTIFICATION Wl'lH CON7'RA.CT. AIL WORK TO BE PERFORMED IN STRICT ACCORDANCE WITH LOBARASSOClAmS, INC. SAFETY PROGRAM. USE OF FOREIGN STBBL 011: ALUMINUM PRODUCTS IS PllOHIBITEJ) ON THIS PROlECT. A.R77CLE X. IN ADD1'I10N TO '/1Il!; FOR/!(i()ING l'ROVlS/ONS THE PI.RTlES tU.W,jGREE :l&T THE SUBCONmlCTOR SlMLL: I. Sir l10UMJ T07BIII.CON7l!.<c:mR BfmE 71l/1M>' 01" '/1Il!; CONmlCT DOCUMHN'J'S '" '/7lM ,jGReEMBNT. '" ASSUME TOW.il!l> '1H1? /XJN7JOlCTOR,jUo 71iE 01JUG<710NS '" lIESPOJIS/lIlUf1ES :l&t THE CtlJVn/ACTOll. Bf THOSE DOCVMENrS AS9Ul,IES TOW.<lID THE OWNEll.,jS dPPT.,fr:.lBCE TO '/7lM SUBCONmlCT. 2. IlUB1rIT1'TO 7BIII CON'llIAC7DR,jPPU~710NS FOR PdYMENT,jr WCH.1WE3 mpULl1ED TN .lR71CU IV so dS TO EMlBUl 71iE COJI'lMCTOR TO dPPLf FOR P,jYMENT. IF P,jYME~ dl1E 1II,dL>J; ONVd.tu.l:l10NS 01" W<iRB: DONE, THE SI/1JCONJ1I,lCWR SH:dUo, lIEl"OR/I' 7BIllJI1RST dPPJ.TC47I'0N, SUIIMIT TO 7l'lli1 CONTRACfflR A sCmltJUt.]l OI'Vdl.lJE.t 01" l1lE VdRlOUSPARJ>< 01" mE WOR!(. dGGllliiG<7l'NG THE TOrdl. dB Rli:aUllrED BY THE O\VN!Ul..4ND, TF~. stJPP(iIlI1ED Bf SVCH Evl1JEliCJS,jS TOml COT/RECT'NE3S AS 71iE CON1I/J.cmRMdY DIRECT. . mm SC/fliiDVI'./l,. ~ dPPROVED Bf m;:COMl<l~ SHA.t.tBlilliSED dS A /ldS/S FOR. l:ER27I'm<1FS FOR P,jYMeNT, UN1,.l?,fS 1')' lIE. FOUND. TO lIE IN ERROR. IN.sP1't.lTNG FORP,jYMENT. riiB SUBCONmlCTO/lSlWL sUllMrr d ST,jl'EMEN'l' &tSf!:l)UPONmIII $CHE/)U1Jl., II' PdrMENl1i JIRIl' MdDE ON ACCOUNT OF M,jreRWoS NUT lJ<<;OJU'{)IU1ED TN rm; woliK BUTl!l~ ilIID. stnTdll.tY S7'ORED ,jr THES/7E. OR 4.1' SOME 0'tIIER .tOc.t:l10N,jGllEEll UPON TN WRmNG, SUCH PdYMENTS SRd.t.t 11.1': IN ,jCCORlMNClii W1:l\'l7l'lli1 7XRMS'" CONDl'/'1ON3 01" rm; CONll/A,CTDOCUMENTS. J. PdYFORdUoM<<1l!lIW.s "'WOR u.sI;l.> 1N, OR IN CONNECT'TON Wl7ll. 71lTH'ERFoRMdNCBOI" THIS CONmlcr. 'l'HROUGR 71fE l'ER/OD CQIIllR.llD BYPREVlOII$ Pd.YMEN'/S IlECE/VlID 1"lIOM. rm; COJIIm!.CR1R "'.FUBMSR s.j7l'SFdC7'ORl" IIYIDENCE WHENRliifJlni:sni:D BY 71iE CONmlC'OR, TO VElIlFYCOMPUlNCE wml ~d/lI)VB RliifJ~ 4. MAKE AU. CLPMS FOR EX:l1/ilS,I'OREX1BJ(3/0NS OF 'mil!.. '" FOR ~GE FOR,DEuYStJ/I. O2'Hl!RmSE. PROMP'lr.f TO rm; CONmlC'T'OR CONSrSTENT Wl'T1.I71fE CON1J/;/.CT DOCUMENrS. SU/l.CON1il.l.cmR'l1UlmiER dQJlF~ml.r 1'011. AU. eLlTMS FOR ~S. FOR ~0Ns OF 'mIE. dND FOR lMWlGE FORDJ1I:dYS .wsING FR.OM 11iE DES/GN. SPEClFTc.f.71~. ORREl2!lTREM:l!.Nl'S FOR 71lE PBJl1ECT, OR FOR CONCEdUV OR UNKNOWN cDNDI1TONS;. as dRlS/NG (I1I'()M OR Rlii.tiI7ELl,TO '1iIE CQNDUCTOF THE 0WNl!1/. OR m; dGllNJ>' OR REP1I.Ul'.Nl'd7lVl>S, ml'{ S!!BOON</l.<CTOR SJWL BEl1OUNDBl',.uiID srmcimm<.cmR'S /lEC()l'l!R1' STLIUo BIr UTtII'l'ED ~ 7'0. SUCH BECOVER'fON dcepllNt oF SdJl) aNMS _ Catmi.t:c:mRllECBM:$ FROM.71lE OWNER. .4ND SUBCONmlCTQR SHdl..t. coo1'$l7ll Wl7llCONT1ldCTOll dND S&U BE 1I.E4PON$I/lUZ 1"0R..l.tL 01" 1:;0NmlCTOR'S lfXPENSES _SO/lUB.tl'/~ 1Nl'URWING SiUD c:w.\lS. srmCON7lll<cmR FVil'T'Hl!i(l EX1'1I.E4//Lf dGREES:I&T rr SJWL NUT BE ZN11'J:lED 7tl MAKE,j.CZdllIl ON ANY l.d/IOR dND MA2ERI'41. PdYMBN'l' BOND PROV1Dl!.D ON THE PROJEr:I' Bf CONmlCTl)/l ON decoUNT' 01' .!NY SUC/l.c:w.\l. OR TO ReCOIIXR OR dTlliiM1'l' mRBCOIIXR 71lE DIFFERENCE: BETWl!lllI' SUBCONTJldCTOR'S C.td/M dND.!NY dMOUNT' WRTCH CONmlCTORJ/El:.!!lVU mOM 71lE OWlll&R ON dCCOUNT' 01" SdJD' c:w.\l. $. r.!KE tlBCEIISdRY PilSOlll'l70N7'O PROPER.tYPR071lCT71lE FlNTSHE/J WORK OF 07lJl!.R mlDHS. 6. KEEl' 71iE BUlUl/NG '" PREMmT!:S tJl,J;,jN dTdUo 1WlU OF DltiuuS MUSING OUT 01" THE OP:e:M7l'0N 01" 'TRlS SUllCON/lldCT. 71lE SIIJlCON'lllACI'OR SJW:L NOT 1lE.. HEUJBESl'ONS/BIJE FOR UNCLEAN CONlJl7'(ONS ~ USED BY OTBER CONmlCTORS OR SUBCONll/A,Cl'OJ/S, UM,US OmERWTSB PROI'IDIlD FOR. 7. COMPLf wmi dUo m7VTORY dNllIOR ~cma. SdFll.'n RE(21JTRJ!MENTS dPPLflNG TO HIS WORKANlJIOR lNl'Tfd7ELl IlY :r.rm CONmlCTOR, .IND STLIll. /lEPOBT VflTHTN mREll (3) D,jYS 7'0 7l'lli1 CONl'l!dCTOll ,jNY INltlRl' TO 71lE WBCONl'l!dCTOR'S EIl'PLOl2<l::l' dT THE S/'/B OF THE PROTECT. - -."" SEP.12.2000 1:42PM NO. 168 , P.6/8 II &l. NOT ASSfGN THIS SUBCONmlCT OR dNf AMOUN1/; DUE OR TO BECOME DUIii 7l!2I/EUNDEJl WImOUT me WRmIlN CONSENT OF ll'/E COJl7lr.lCl'OR. SB. NOR SUBC01llllACT 1/E 1VHOI.I: OF T/l/S IfI/lICONmlCTWl1HOUTll'/E WRl77XN CON8/IN1' OF me CON1ItlCTOR. Sa. NOR FUJmIER SUBCON1l1.lCT POR710NS OF 'lH/IISUBCON11/dCT W171l0UT WlI/7'lll'N N071F1C171ONTO !lIE CONmdCTOR WIlEN SUCH NOTIFlCl'}fON IS 1IE12UES'/FD lfY'DiE COJUmtCTOR. ,. GUdRdN7l!E HIS WORK AGdlNST .<U. DEFE~ C1F M.l7'li1lMLs ANnIOR WORIi:MANSJl1P AS ClIU.IlD FOR IN mE FLdNIi, SPBC/FlC4710NS, do ADDENDA, OR IF NO GUdRdN'/llll [!/ ClIU.IlD f't.>Il. '/'HEN FOR A P/!J/lOD OF ONE (/) l'E4R FROM 'l1IE DAn;:\' OF PARniL OR TOTAL ACC/lPT.4NCB OJI' mE SUBCONl7<<CTOR'S W~ BY 'l1IE OWNER, IIl.t. NO $EPdR.<7.lll/NoBR3TdJIDING OR AG/lEEMENT8 OF dNr KIND WlU BE ENmRIID lN1'O BY mE SUBCJ:JJoJ'1'JI4c:rofl '" :rm: OWNER dNDIORH/S dRC1lI7ECZ' 0JI'dDEN1SRlEU771IIr TO dNr OJUGlJIW: OR.l!%DU WQRK CO_I'ld7a> BY 17i{S AGREEJ,lENr .t1Nt/1'SS. 'DiE .!ll.VIl'lSlrrRsT dPP.ROYm IN'IVll171NG BY CON7l'dCTOR. lOB. SUIlCONT:Rdr:rD1I SHdU.11isrnu; mtT.<U. 8UBCONTRdCl'ORS, EMPLDl'EEII. .. SUl'PUElIS. AT.<U. 71MEIl. dRE P.lID dU. AMOUNTS DUIii IN CONll1lC110N Wl7ll 'DiE PE/IFORMdNCE OF THIS SUBCON1'RA.CT. dFllll/ 'DiE FIRST PA~EM' BE/lB1/NDE11., CON1l1.lCTORstmLlMVB 'DiE RlGBTTO 'WITHHOlD dNf ~r:mN:rPAl'I,IBND 11NI1I./lUBCONJ'll.lCTOll. IIrJ1IW7S E\IlIlENCI! Sdml'ACTORYTO CON.IMCTOR mtT .<U.AMOUNm 0WliiD INCONN/iicx1(J)N,Wl17l1'li1/lltlRMd1l OF THI$ SUBCONJ'll.lCT lMVll'.BEEN P.lID. FV1t'11I/!R. 8UBCON11MCTOR.AGREEII7:ll4TCONJl!,jCTOR.\IdYPAY dU.P1IllSoNS WIl1Cl &V1l'NOT _ pdID l7iE MON1E!I Dm: '1'Ff1!M IN CONNEcrmN W171l1inSSUBO'JNTR.tCZ'WR/I:Im:ROR NOT A.UJ!.N HAS BEENFllED, do SUBCON11IdCl'OR SlIdlL, ro mEI&7l!NT27I'dTCON7lt<CTOR lMllNOTRBCOVllREDIWD dMOUNr8 PURSUANT ro W/TH/lOlDING, PAYIWD AMOUNTII TO CON11MCTOR UpON DEMdND. SUlicpN7lt<c:roR S&U. dUO lMMEDf..<'1'I!Z.rRE/MBU1ISS a:wmdo;roR FOR 11M dMOUNTII PIl/D UNDER CONnldCTol/'S I'ArMSNrBOND IN CONNEC110N Wl7ll17i{S IIUBCON'11ldCT '" INDEMNlFlED lfY CONJ'll.lCTOR. IN 7llli11lVlENl'CON1l!d~lS ~rmI/!D TO PAY OR INDEMNIFY dNf PERSONS HEl/li!UNDElI. SUBCONnldCTOR SHdU.1l,4M}i:1JId'1'/!.LY IIl!ll,(BI'JR8/!i 'l1IE CONT:RdCTOR FOR 17m FULl. COST mEREOJI', INct.UlJ1NG A'J"I'ORNEl"S I"1i'a. IDe. SHDULD SUBa:lN1IIdCTORAT dNf;llJlfEFdH. ro supp,:r A 1iUF1'1CQiNl' NUMB/i:II. OF!iJtIlJ.t:D 'WO/IKMENOR A SUFFIaENl' (J,rMNm:Y OF MdmRW'S C1F PB,OPRR (J,WUTl', OR FdH.IN ANT RE,SPECTro p_cummB WORK COVS/lUl BY THIS SUBCON1RACTOR W171l F/lDMP1NESB "'DlUGlfNCZ, OR FdH.IN'DiE P1i1lF01WANClE OF dNfOJl' 7lle AGIlUWEN7lr lIERE/N CONTd/NED. OR SHOULD dNr WO/IKMF.N PMFO/lMnvo IVO./!K CO_11'Y mrS SUSCONT:Rdcr ENl3>CGE IN A S'/1/lK& OR Dm1!ll WORK InOPPJ.GJE. OR CE,!SE ro WORII: Dm: ro PlCKEHNG OR OmER SUCHAC271m', CONT:RdCTOR MdY IN ANY OF SUCH /i:VI!Nm, ATm omoN, lWmOllT PlUUUD/Clii W.lNY U1HE1l ~ rr MAY 1tlV1l', _ Folin'-EIGR7' (411) HOIJR1i WRrTtI!II N071CE TO W/lCONTMCTOR. PB,OVlDE dNr SUCH UBOR dND M,lTlilllJlU AND DEDucr T1IE COST 'THER1!OF FROM ANY MONI1U 7'l/EN DV/i' 011 TIll1II&lFlli:I ro BECOM1/: DV/i' SU/lCON'/1/ACTOR: liNn J't/llTl1EJl, IN dNr OF SUCIl /i:VI!Nm, CONlIIdC7Dll ~.:r A:r m OPUON. wmi'oW p~a;; WdNro771sllllllMl'DW.lT MdY JUlIE, mtIIo(/N.<7'I! 711E/iMPID'lMENTOJI'SU//CONI1MCTOR'S 11l1M FOR :r1IE WORII: uNDE:R 'I1US SUBCQN'/1/Acrdo SItll'.LlMl'A l7lB RlGllT7tl BNIE:R Ul'ON'/liE Pl/EM/SES AND :r.ua;: POSSESS/ON. FOfll7lB PURPOSE OF IXJMPU71NG 'l1IE WORKliERBU/>/1JER. OF ...u; 2m!Mol2l!lll;lU, ~, "1/:(J,U1P4I/!NT'I11ER1!DN. '" m FINlSR l7iE WORK do PROVIDE :rHE: .\iA~ mIiIR/iFO///l E/'/'HBR WI71l m OWN BMPIDYEIiiS OR 07BE:R SUBCON11UCTORS: AND IN-C.I.SE OF SIlC/lD/IlCONllNUdNCE OF '/liE 5MP1.LJ~ENl' BY COMl!.<r:rDR, SIlBCONn<.<<C'/'OBSlUU NOT BE 1!:N'nTI.1i:JJ TO. BBCEIVB .lNY FlJRlJiE:R PAI'MB.\W UNDER l7lB SUBCONrMCI'. OR 0Tl1EJl1VW!:, SlIT SItll'.L M1IlIE:R'I7i/ElES81lEMd/N UllllE FOR Al(Y JWor,l<lB WlilCR CONTMCTOR INCURS: IF 7HE.E:X1'ENSES/NCURRE'D BY T1IE CONT:RdCTOIi. INcoYPlZrING 7llli1 WQRK SlIdlL 1!KCEEp. 77ll!' UNPil/D I1.!I.dNCE, SUScoNrRAc70R 8IWL PAY fIlE D/FFE/IENCE TO :rHE: CONT:Rdr:rDlIAloNq Wl17lANY 07lll1R DdMd~ INCVlIJ/ED BY cONT:RdCl'OR dSfIIE JiESTJt.TOIi' SUlICONTMC'tOR'S PBFAtlLr. CONTMcroR.SftlLl.ILIIZA LI1IN UPON AU MA~, :n:>ou. .;. dl'pWNCTis TdKIW POSSESSION OF W SllClll/S 7llli1;'AYl.IENr T/fEREOF. SUIlCOMlldCl'OR !IJLIl.l, IJE 1.lABU roCONTMCTOR DUE TO TIlE FdH.lIRB OF SUBCONT:RdCTOR'S p1lRIlo~, SUBCONnldCTOR'S Fdll.U/IB 7tl KEEP 7llli1 PflOGRJ!.SS OF m WQRK UP Rl.md:r OF CONT:RdCT OF OmIlR 77ldDll'S. OR T/I1l FdH.VRe m BX1l= /1'S WORK AS D/RIlC'/1iD lfY CON1lldCTOR. IOD. /fUBCONrRdCl'OR AGllBJi'.$ 'UldT WHEN mE CONnIdCT DOClJM1!:N'Nil,SPBClFlC4710NS, OR DlldW(Nt1!I RE(J,UIRJ!., SUBCONml.CTOR WlI'L COMPLl'wmi 4N:r dPPi.rC<l/l.I< ~7EOR F/lDli!Rilt. PRBV.w:.INIi WAGIr..td WAS WElL AS dNr RU.tES OR RE9V1d710NSPROMUt.G.l7'I!D .THEREf/NDBJ<. T1IE SUBCONmdC'/'OB A_ ro coY~/3 wrrRdU. SUM 'tERMS" CONDmoNS WHlt;H d/lB APPUCdBU ro rH/!J SUBCO;<mICT AND ", INDE.vMFJ" if: now mE CON1&ICTOR1f>lRMI.BSS FORANY Fdll;UllE ro COMP/3 wrm SUC/l CONnmoNS. lOB. SUBCONllllICTOR W(!L fldl'E roLE RB!IPONSlJfJU7Y FOR COMP/3/NG Wl17l7llli1 STdNDdRD8 $/U FORm IN:rHE: lIUUII... REGUl.d7lONSPROMUt.G.l7'I!D PURSUdNl'W '/liE CONSYRUCTlON SdFE17 dCI' (40 U.S.a. 327) '" 071)JllI.D.!IU lIEU1FD 1'lI(JVlSI0N{I 7D T1IE EX1ENT dJ'PUCDI.Z ro mE SUBCONmACTOR'S POR710N OF 'DiE WORII: d! SUIlCONT:RdCTOR SHdU. /NDEMNII"f dNll SdVll7llB CONTMCTOR _IN CONNBC110N 7llIl1I/I1Wl"l7 FRW;t ilNY AND.u.r. PdMdGJE INCt.'IJD/NG A'1'1f>>lNE:rS Fl!ES, COSTOF CORR1!:C7lVE AC11ON, FINES, En:'. 1/, dNDDfJl!S HliBEBYIIOREB. mt2'27lIii CON1lldCTOlI'S EQu/PM/lNl' W1U. BB AV.uLUlU 7tl THB SUBCONTMCl'OR ONI.Y AT :rHE: CO/V'fIldo;roR'S D1SCl//!f1l0N.to ON Ml17WU.l' .t471SFACTOlIY TERMS. 12. FUlINISB l'ElilOOlC fflOORBSS RUOR:T!I OF mE WORK AS MrntJdUY AqRl!ED INCl.VDING 7llli1l'IIOGBESS OF Md7E11LU3 OR B(J,U/PMBNT UNDBR 7HJS.dGRBBMENl' mtT MdY BE IN THE COTJRIIB 01' PRl'p4Rdi/l'ON OR MJ.NUFdCIVBE. 13. M.U:E ANf d! Aa ClW<<iB$ OR DEV1d710NS FRW;t 'TIlE ORIGINAl. PT.INS .. SPEC/F/C11710NS WrtHOVT NUUlFrlNG 'niB otuGINd, CON/l/dCTWHEN IIPEClFICdlJ.Y ORDlIRBP TO DO so IN WJll1fNG BYT1IE CONmdc:roR.. '/7lIl8UllCONJ'll.lCTOll. PR/rJR W '/BB c:tlMMliNtZMBNtOF '11f/S RlMlIll) IVOlPR; SJW./, suBMiT PROMP1I.'Y 7D l'1lE CON'/1/ACTOR WR/77EN COPlBS 0Ii' 1HE COST OR QlEDlT J'1I01'OSdL F~ SUCH /lEYlSED WORII: IN A MA_ CONSJS7EN1' Wl17l 'I7lE CONTMCT DOCUMENTII. SEP. 12.2101010 , , ' . , . P.7/8 1:43PM NO. 168 6 COOPJl:Rd:!l!: II'ml' 11l/& CON7lUC70R & O:mER srJBCOMllAcro&\' WHo.rB WOJlII: J,f/GHT IIfl'ERIIBRE WI'll'l' 77IB SUBCONmlCTOl/'$ WORK & n:> pAlI7I'C/pAm IN 77IB p~ARot7l'ON OF COOWl/IU'/ED DJ!d1ll7NG.\' IN AII&I$ OF CONG/!S110N AS RBClV1Rl!D BY7I'Il! CONlRACT DOcrJMENlS. SPEaFl= NO'lfNG'" ADVISING 77IB COMllAC1llll OF ANY SUCH~ COOPJl2ll7E WIl7l7l'll! CONllMC1llllIN SCHEJJUUNG RIS WORK SO d$ NOT n:> CONFUCT OR I~ WI'll'l'TI'1E \VO/lK OF OJ;HE/I$. ltI pROIofPIU SIJ1Wl1' SllOP Ll2<_, DJ!d'WlNGS. <lIUMPUII8. A6 NEfJUIl/ElJ IN ClJlPl//l n:> <<tllIlY ON SQD wORK BFF/~N1U dNI) AT SPEED llldT WlU NOT CloIUSB DEI.lY IN 77IB pROOBU$ OF me CO/mMC7YlR'S WORK OR O_~NCIlU OFTllB WORK CliRl/1I!D ON 1fY 0TfllQ/, wacoMllAcmJ/S. c:n.vPLl'WI'll'l'dlLmWw., .!TAm. & wc.u. Mt~ .. ORDINoINCES APPLYING ro 71lB BUHD/NO OR If11WcrrJRE dNI) :ro WMPLY AJ\7H11l'll:ADEQ(MlE N071CE:I'REr..;7I'NG ro 1JU WORK:ro PROPBR AfJTHOlIl'1'IES.!NIJ ro SECClI/E AND PA" FOR .uL N/lCBSSAlIY 1.JCENSES OR PERMmI ro C4RRY ON 11l/& WORK A$ DESCR11IE1J IN THE coN'i&lc:r DOctJM1!PTS AS dPputlulu :ro 7I'l/S SUBCoNiiUcr. OOMl!U'wmln:DJ!Rill., .!TAm. & LOCH. TAX U~, SOCIAL SBCfl1//Tt ldw:l', UNEJ,fpWfMENI' COJ,fPENllil'llON UlW & WOJ/KJ,(BN'S COMPil_'llON UlW I_All dS .lPPUCII/IE :ro nlE PI!R/l'ORMANCE: OF '1Hl$ SUBCON7lUCT. ANDJXlIrSBEREBY AGREE m.T A.ll. _ S1<<I'LBll DONlJ: SU1/lEC1'n:> RN!l; .lPpROV.u;. OF 7I'l/S ,j//ClIJ'mCT OR OWNER'S AU7Il'~d~ ol RlS pt;Cl$lON IN ,,":rn:RS /lIflA'llNG ro AlI'llS71C BP'FBCT SHila BE FINd/., IF WI1111N 2l'IE Il!RMS OF THE CONlf1dc:r POCT/MENTS, 'I1tJ': ~c:roR IUrilU a1MR I!1Ill. BBSPONS11/IUTY FOR.dl.lO WORK:ro Bll PIUI.FOBMED UNDIiB fQ8 SUBCON11JilCT, JNt:I.urilNGAtL1iooP HRE11IA1fONS. ct1T11NrJ, PA:rcJI/NG, 4TC'. nm SUIICON7lUCTOR AGRllII<S 'THAT mE! COST OF dlL CUT11NGol PA~ HilS _ lNa.UDE.D "'S PART OF SUBCOJImMCltIR.S WORK: THE SUIlCONmlCl'OR AGRllES llldT BE $1ldLL EJ,fPLOY A1I71SilNS.!NIJ '11IAlJESJ,(ENOF :nm llMDE NORMdUJ'l/E8PON3/TJUFOR TIlE ROOF, OR FOR F1MSH WORK INvmI'ED ro CUT dJI7) pATCllAROUND 7m! WORK OF SUBCONTMCJ't)R'$ 7lW>E, THE suacoIml.!.CltIR SHALL MAK1II.u:.c. dPPUCloIlfONS FOR I'Al'MSN1 n:> LOlL<R ASSOGUl7i:I', INC. A$ AGEM FOR THE 0_ WlL<R dSSOCldms SHALL SUBMIT IWD dPl'UCA'J1ONS n:> 11m dRClI/TECT,jN/J OWNER FOR P&MENT. UPON dP/'IIOVJL OF P'/YMEN'J' BYTlDiI.JRCH17EQ'.!NIJ OWNER,'/ND I'dl'MSN1 BY77IB 0_, m l.OlU// M=_. INl:. ,/S AGJ;NJ' FOR THE OWNER, ro SUBCONl'lldCltlR IN ACCORPdNCE W17li '111E Il!RMS 01' 7H1$ SlIIICOJImMCT. '111E $lIBCONTM(;1'(}Rl'r.I1l71iERACKNCIWZEDGl18ilNDAGRlill,i''THAtLOB.UI:'''SSOCUml',INe. SIldLLIMVIl' NO UdB.IUI1':ro SUBCOJIIll/AcmR FOR 71IB OWJI7!R'$,I'A.ll.UJ/E n:> PAY FOB WORIt I'li//FORMED aY fJlIllCONIRAC7OR, AND SUBCOJImMC7OR AGREI;,l' TO HOW LOlL<R ASSOCZiml', INC. /W/MlESII FROIof dNY cr.uM FOR pAl'Mf:/'IT POR WORK PE/1FORME.D 1/Y SUI1CONTMC70R, dNI) ro INDEJ,fMFY J.,OJiilB dSSOCld'1li:S, INe. FROM ANY SUCH CI.l/MfJ MADE IlYSUBCON11lAC1'OR'S SUBCON1&tCl'OR$, EJ,fPl.OYEES. d=, dND ,wmRW: srJPl'lJERS. THAT'11I1ICON11lACTOR '" fJUaCON1&tC7DRA_' /4. IS. lIS. 11. lB. I~. ~ 21. 'THAT IN mE MATllU/ OF ARBm!A270N, l7lElI/ /I1GHIS.!NIJ OIlUGd'llONS, dND.uL PRoce:JJURJ;; SlldlL ae ANJLOGOUS ro THOIiE SlIJ' FORTH IN 7JlE CON7lUCT DOCUMeNnIl'IWVlDEIl, HOWEVER, 21MT A DllaIllON.BY T/IE. dllClllmCT OR O_'S A UTHORIZED AGENT, SHilLL NOT BII: A CONDmON PREr::E/JEIlT ro A/UlI71U.710N, 22. AfJ A SU.!&lm COVE/lUNT, MilDB IN CONSIDERot270N OF CONTMCltIR EXBcr.mNO 7I'l/S AGREDlENT, 7BE fJU/lCONII/dCIVR DOESREREBY,EX1'IU!SSl.Y R/!!UW/B ilND RElJNQfllS/l'/NY AND ALL /l/G1l'/S :ro MdlNtillN, OR 1LIV!! FIlED OR MillNtAlNE.D. ANY MEC11ilN1CS UB.N OR cr.uM ACWNST mE I'ROJECr PREMISES, OR ANY PdRT 22/EBEOF, OR dNY /lUIWING OR BU/U)INfJ1/ 'lHE1IEON, FOR OR ON ACCOUNT OF dNY WORlC,l:.llIOR, AND M,/'!tf/Idl.!1 PlllII'ORMED OR F1JRN//;J1E/) UNDER 71/1S SUBCON7lUCT, ilND "'GREE 21MT NO SUCH UEN OR CMt/M SH.u:.c. BE $() Fl1.ED OR MAlNr,llNm ON71IB Sr.Il/CON'/l/dcn:>R'S 1I1IJ1dU'. TBE SUBCON1&tC70RFUR't/lEIlAGl/EE!I :roHOLD CONJll.jCTOR 1M/lMl#S FIIOM ~JfYUEN OR ailIM FOR UENS AGd/NST.uIOl/ESAID _ OR ANY PdRT711ERIIi0F, OR ANY 1/fJ1LD1NfJs ''l11ElIeON, OR dNY SUBCOJlmMCltIR, OR SUPPUI!//., OR ANY PE/i/lION6 dCTING TllROUCHl OR lINDIlR THESUBCOJlmMCTOR; FUtmmR _TIP dT ilNI'llME 'II11iBB fJflAU.llEilNY EVIDENCE OF 71IB nUNG OR MAlNmNilNCE ORdNY srJCHUllN OR tU1.Il FOR lIEN, CONllMCI'OR SH.m.lLIV1l' mE RlGRT ro IJf<lJUc:r I'lWM 7JlE ilMOUNT Ql11ERWISE Drnt 'IRS SUBctJN1R,jC7OR, AN ilMOUNI' suiFIaENr:ro INDE1,/N1I'Y caMl!dC1llll FOR ANY,dND d1L t.osS OR llMUGIllI' WHICH Md.Y RE8Ul.T FROM IIl1CJ< LIENOR a.llM. l71E SUBOONmdcmmdGIIEES FUR:mJ!I/ llldT T1I1S IVUCI.I!i:Il SJtw. BB,\N INI>E."[;;1iDENT COVtNdNr dND llHilU. OPERdlEAND BE EF1i7IC1lVE Wlm REsnCT n:> 71ilS AGREDlENT dJoI1) ANY SUPPCJ!J.#ENr.i ISIIUE/J '/11JtR8tO. AND SIlilU..wRYmi.' 7ERM/NJl'llONOI' 7H1S IlUBCONlRdCl'. mE SU1/CONlRAcm8 SJW.&FURN1SH A COMpUHE AND NOt_ IlEL.EoISB OF UEN ON d MONrHI.Y 1IilSIS, IF RBClIlES7llD BY COJImMcmR. ,dND AT COMpUi3fON OF m WORK dS REgIlES7llD BY CON7lUCI'OR. 71IB SUIlCON11lACI'OR 1'UR77IEI/ AGRIlE'S ltI EJ,fPOWER CON7lUCI'OR OR ANY AT:lt!llJ\IEY OR PROTHONOTARY OF dNY COVRT IN IlNY JUR/SDICTlON WHE//B d UEN Md.Y IMV!! /lEEN FIu:D. ro APPE.IR FOIl T1fli suaCONll/dCTOR "'ND IN ITS NA14E AND :ro MARK fJA.'llSF/ED dNY MECHdNICS UEN OR a.t1M PIt.$D .BY 7BE $UBCONmilCTOR OR IN rrs N4ME dGdINS'/' THE SilID BfJ1LD1NG11 0/1. GROUNDS FOR WRIC1I71ilS DOCUMEIlT OR ANY CER'llF/ED COPY'IHE1I1!.OF II'Il.L lIE GQOP AND 1ir.IF1'1Cll!NI' WA~M: AJlT1.CLB Xl. 'IBI1MlNiI'lfON CL.iUSE l.OJiilB AfJfJOCLtTES, INC, !I/filI.I. HdV!! THE /l/GJrI' ro lERMINdm 1H/S CON11lAC'I' AND ro HIRE ilNO't1lER CON11lACTOR TO I'l2ll't1IlM 71IB1NCOMP!E'l1l PO/lIIONOI' THE WORK SHOUlD THE caMl!dCl'OR {;,411. m PEllFOIW rrs O/lUG.!'lf0N5 UNDER :rms COMRilCl'. 1.01Iilll_0a.l~,1NC. llHilU.AViO &tV!! me IllGBTm BSCOVllR ANY AND.uL l.OSSES OR DAM./GE, INCLUDING ATTORNEY'S FEES. RE.SUJ:J1NGF/I.OM THE CON11lACTOR'S BJIE.lCH OF COMllACT. I""" -~,'''~~- ~ ~ ~~-,"~" "",,'0 . , , . , SEP.12.2000 1:44PM NO. 168 . P.8/8 7 ANY iWOUNT DE1ElWIN/lD 7'0 BE DlIli L08IlR d.l\\'O~2Ef. INe. SY dNT d/I/1I1I/il7rON. dIIBJ71lil7rON 1'dN1ll.. CDURT, OR TBROUGIl.!NY 071fER D/Sl'rFlE. RESOl.tmON 7I!:ClHNl(,lUB SHALL J/l!ljj/ INrEIIMTFRUM THB DAm TH1i: BRf:lCH OcctlllRlW .II' mE MAXIMUM M7E I'EBMlTnID BY THB USURY r.l W,\' OF THB dl'I'Ut;d1lU JUlU3DIC110N. AR77CLE XlI. IN Il'l1l\Ili'36 WIfE//EOF TH1i: PdR11ES HE/IE1D Rll'll EXECU7I!D 'lRIS .4G1l1l'EMENT UNDER SIW., TH1i: DAYdND lE(llJ'l/lSTWlllJ1EY .!BUill!: IF 7H/SS1/BCONIMCl' IS NiT/' l!XECUJ'ED W1:rRIN FO/nl'J'EI!N (J4) c.u:BNlWl DAllY _ RECE/Pr, I.DJl.<R Assoa.2ES, lNC __ THB RIGHT 7tI VOID 'lH/S dGREEMBNT AND OSI'&N 1BBSB SBRlIfe&' FROM ANO'11f1!R F1IlM. AL fl),~ Jl.d tJ 'b. 8 ~ It (SEAl,) mIS SVBCONTllACroR CERfl'lFIES 77lAT IT MAINTAINS A NON-sEG1H!GAmD PlACE OF BUSINESS AND IS AN EQUAL OPPORTUNITY EMl'LOl'ER. :;'~111 b~r!MJ.J VA- /f~ f;y(!./WA-krs Itli(. I SUBCONTRil.C' !/l I 1/ . I.ORA II A ,~.~Or!IA TE.~ lNC CON72t4.CfOR ATlFST: JJ.~)) 1 'i#rn~'" D. GING BARntAN', OFFICE .ii.Jv;l.GE!/l LEE E. ElCBELBERGBR, P'RESlDENT ~,~ J__ ._ .c . . ~ ... Ul/SEP.12.20001li 1: 10PM[ 717 4329602 ~ >1'- , . Janloe K. FlemIng NO. 167 . . I ... P.4/4 iii 002 ," , I.' f ,. /1 ,,)1 , 1.."., RBLEASE AGREEMENT Upon ltxe&utilJ1t oj'the reJefJse beluw, LOBAR ASSOCIATES, lNC will fIllY Henz Equipment i/Pnlnl under a joint clled., d,e !fUm of '}",ptmiy-OiUl l'lww;tmti, Four HIRUlred. EigI,t;y.1'wo Dollars ($21,482.00) tIS fuU and final ~entfor I!quipnumt sltpplfed to CmnberIand Valley Excav4tors, Inc. on thl! Crackel' Barrel RestllNTD.nt ii, Wtl$lrington. Penmylvania.. Hertz. Equipment Rental, therefore, relillqualll$ flll rights to.file a claim against Ounberlalld 'Valley Excavators, Inc., LOBt.lR ASSOClA TES, INC, Crocker Barrel Old Country Store, Inc., their ofJicars, or receive arrJl funher payments for r/,i$ controct. ACCEPTED BY: DATE: NOTARY " State Of: (Ji'LA--/ArmA CounlJ' Oft d,(,ttA--u;rA?,..-r .:2/ uJ.. Ddy Of Jamm:y, 2000. "''u/)scribed Ami Sworn To Bejore Me On V 2./,.. ~. hh.. .~ <m"'t~~ Y. f:l.Alt-IE HANNABASS ... '("\ 01<18"0.,2 County S'::'-! Nataly Pulllic In and for Sfa,., ofOklaholl1ll .. My commission ..pi'.. Aug. S, :!Oll3. 4 BAlILO CIRCLE . P.O. BOX 432 . DILLSBURG.1'.4 17019-0432 TEL: (717) 431-3429 "AX: (717) 432-7343 . E-Alfai/: lobori'!fo@lohorassoc.com . WEB; www.k.>lxrnI8.-oc.com - , , ,,,-,' --"," > ,.-.~ ",. '-- -"0"': ,-';:'C,', . . . . -'" . . .. t .- . -. CERTIFICATE OF SERVICE I, Diane M. Tokarsky, Esquire, the undersigned, do hereby certify that on this 13th day of September, 2000, a true and correct copy of the foregoing document was served via U. S. Mail, First Class, postage prepaid upon the individual listed below: Richard C. Snelbaker, Esquire Snelbaker, Brenneman & Spare 44 West Main street Mechanicsburg. PA 17055 I1X LAW OFFICES SNELBAKER. BRENNEMAN 8: SPARE , j CUMBERLAND VALLEY EXCAVATORS, INC., IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, CIVIL ACTION - LAW vs. NO. 2000 - 4869 CIVIL TERM LOBAR ASSOCIATES, INC., JURY TRIAL DEMANDED Defendant TO: LOBAR ASSOCIATES, INC., Defendant and DIANE M. TOKARSKY, Attorney for Defendant You are hereby notified to file a written response to the enclosed New Matter Re Counterclaim within twenty (20) days from service hereof or a judgment may be entered against you. R BRENNEMAN & SPARE, P.C. By Richard C. Snelbaker, Esquire 44 West Main Street P.O. Box 318 Mechanicsburg, P A 17055-0318 (717) 697-8528 Attorneys for Plaintiff Dated: October 20, 2000 LAW OFFICES SNELBAKER. BRENNEMAN & SPARE CUMBERLAND VALLEY EXCAVATORS, INC., IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, CIVIL ACTION -LAW vs. NO. 2000 - 4869 CIVIL TERM LOBAR ASSOCIATES, INC., JURY TRIAL DEMANDED Defendant PLAINTIFF'S REPLY TO NEW MATTER AND ANSWER TO COUNTERCLAIM AND NOW comes Plaintiff, Cumberland Valley Excavators, Inc., by its attorneys, Snelbaker, Brenneman & Spare, P.C., and responds to Defendant's New matter and Counterclaim as follows: REPLY TO NEW MATTER 45. Denied. Paragraph 45 of Defendant's New Matter should be stricken as improperly requiring a reply to an answer which is not a recognized pleading under the Pennsylvania Rules of Civil Procedure. To the extent a reply is necessary, the averments of Plaintiffs Complaint are incorporated herein and the allegations of Defendant's Answer are denied as if they were set forth at length herein and denied seriatim. 46. It is denied that Plaintiff has waived its claims by executing affidavits and/or releases ofliens or otherwise. On the contrary, any such affidavits and or releases ofliens were not intended to release Plaintiffs claims, it being understood II LAW OFFICES SNELBAKER, BRENNEMAN & SPARE - - .~""_ ," _,_~, "e.,,_. '-,,'-',. and agreed that such affidavits/releases were required by Defendant in order to obtain interim payments from its customers and not to prevent Plaintiff from obtaining payment on the matters averred in Plaintiffs Complaint. 47. It is denied that Plaintiff is estopped from claiming the amounts sought in its Complaint by executing affidavits and/or releases of liens. On the contrary, any such affidavits and or releases ofliens were not intended to release Plaintiffs claims, it being understood and agreed that such affidavits/releases were required by Defendant in order to obtain interim payments from its customers and not to prevent Plaintiff from obtaining payment on the matters averred in Plaintiffs Complaint. 48. It is denied that any additional or new work was done under any written or formal "change order" in accordance with contracts and paid by Defendant. On the contrary, Plaintiffs claims arose in the manner as averred in Plaintiffs Complaint, the content of which is incorporated herein by reference thereto. 49. Admitted. 50. It is denied that the parties reached an accord and that Defendant paid $10,000 to Plaintiff in fulfillment thereof by change order or any other means. On the contrary, the accurate facts and basis of Plaintiffs claim are contained in Counts III and IV of Plaintiffs Complaint which are incorporated herein by reference thereto. 2 il , l.AW OFFICES SNELBAKER. BRENNEMAN & SPARE ',,,. 'C'-'\,_,.", d"""~ .~, " p-,'"-",;,,,-, \1 51. It is denied that Defendant paid and Plaintiff received any payment of the nature averred by Defendant. On the contrary, the denials and averments contained in paragraph 50 hereinabove are incorporated herein by reference thereto. 52. It is denied that Defendant paid Plaintiff as averred. On the contrary, the amounts claimed are due and owing as averred in Plaintiffs Complaint, all of which are incorporated herein by reference thereto. 53. It is denied that Plaintiff failed to perform under its various contracts and it is further denied that Defendant is not obligated to Plaintiff. On the contrary, Plaintiff fully performed all its obligations to Defendant as averred in Plaintiffs Complaint, which averments are incorporated herein and in each subparagraph. a. It is denied that Plaintiff failed to perform in a timely manner on the Middletown project. On the contrary, Plaintifffully performed its obligations in timely manner and in coordination with other trades and contractors. b. It is denied that Plaintiff was unable to secure materials and equipment on the Washington and Middletown projects. On the contrary, all materials and equipment acquired by Defendant were so acquired by agreement of the parties and for the convenience of the Defendant. 3 "-'-"." ,-" c. It is denied that Plaintiff failed to complete its work in a good and workmanlike manner. On the contrary, all work was performed in a good and workmanlike manner and accepted by Defendant as such. d. It is denied that Plaintiff failed to complete its work in all aspects. On the contrary, all work was completed as required and accepted by Defendant as such. e. It is denied that Plaintiff failed to supervise its work or the work of other subcontractors on the Middletown project and that remedial work was necessitated as a result thereof. Inasmuch as Defendant has failed to plead facts supporting the allegations of remedial work, f. It is denied that Plaintiff executed a sworn statement which in any way prevents or estops it from making its claim against Defendant for the balance owned on the Washington Project. On the contrary, any sworn statement executed by Plaintiff related only to the matters for which it received actual payment; the claim in Plaintiffs Complaint is for work performed and for which payment was not received. It is admitted that Plaintiff did not pay all of the amounts due Hertz Equipment Rental for the Washington Project; however, the reason therefor is Defendant's failure to pay Plaintiff for the same as averred in Plaintiffs Complaint. LAW OFFlCES SNELBAKER. BRENNEMAN & SPARE g. It is denied that Plaintiff failed to perform any contracts in a satisfactory manner. On the contrary Plaintiff fully and satisfactorily performed all contractual undertakings as averred in its Complaint. 4 I LAW OFFICES SNELBAKER. BRENNEMAN & SFARE ._-;---,,-" ,.,. ",-,'."",,,,-' ,. "',~.; :--,'",,'-,---'.,,:,- . I 54. It is denied that Plaintifffailed to perform contracts and Plaintiffs responses hereinabove are incorporated herein by reference thereto. It is further denied that the fair value ofthe Plaintiffs work is the amount paid by Defendant. On the contrary, the fair value of Plaintiffs services are the amounts set forth in Plaintiffs Complaint, the averments of which are incorporated herein by reference thereto. 55. It is denied that Defendant's payments to Plaintiff exceed the reasonable value of Plaintiffs services and that Plaintiffs claims are discharged. On the contrary, the reasonable value of Plaintiffs services are the amounts set forth in Plaintiffs Complaint, the averments of which are incorporated herein by reference thereto. 56. The content of paragraph 56 is a conclusion oflaw to which no response is required and, therefore, it is deemed to be denied. By way of further response, it is denied that Plaintiff is estopped from denying that Defendant paid the fair and reasonable value for Plaintiffs services. In the contrary, Plaintiff incorporates herein by way of response the averments of its Complaint and its responses hereinabove, all of which are incorporated herein by reference thereto. 57. Plaintiff denies that any amounts are due to Defendant by reason of its counterclaim, and further responds by its answers herein to paragraphs 46 through 65, all of which are incorporated herein by reference thereto. 58. Plaintiff incorporates herein by reference its averments in its Complaint and in the foregoing answers as its response to Paragraph 58. 5 I ",'".,v,--. '">'__'"'.'.'''<' "I I 59. It is denied that Plaintiff executed sworn statements that it had paid for all labor, materials and equipment used on the Washington Project. On the contrary, any such statement relates only to those matters for which it was actually paid by Defendant and did not include the claims contained in Counts III and IV of Plaintiffs Complaint, the averments of which are incorporated herein by reference thereto. 60. It is admitted that Plaintiff did not make payment in full to Hertz Equipment Rental. It is denied that such non-payment was despite any sworn statement. On the contrary, Plaintiffs refusal to pay Hertz was the result of Defendant's failure to pay Plaintiffs billings to Defendant which amounts are due and owing pursuant to the averments in Counts III and IV of Plaintiffs Complaint, which averments are incorporated herein by reference thereto. 61. It is denied that Plaintiff accepted final payment as alleged. On the contrary, it is averred that Plaintiff did not accept any payment on account as a final payment, but that the amounts owing as averred in Plaintiffs Complaint remain unpaid, the averments of Plaintiffs Complaint being incorporated herein by reference thereto. It is admitted that Hertz made a claim against Defendant, which claim is just and proper in that Defendant received the value of the Hertz rental and did not pay Plaintiff as averred hereinabove. LAW OFFICES SNELBAKER. BRENNEMAN & SPARE 62. It is admitted that Defendant paid Hertz $21,482.00. It is denied that Defendant was forced to make payment as averred. On the contrary, it is averred that said payment was just and proper in that Defendant received the value of the Ii 6 LAW OFFICES SNELBAKER. BRENNEMAN & SPARE ,,< - P_.,-,'" -_:-,} Hertz rental and did not pay Plaintiff as averred hereinabove. After reasonable investigation, Plaintiff is without knowledge or information sufficient to form a belief as to the truth of the averments relating to the release of claims and the Release Agreement attached to the Defendant's pleading and, therefore, the dame are deemed to be denied pursuant to Pa. R.C.P. 1029 (c). 63. The content of paragraph 63 is a series of conclusions of law to which no answer is required and the same are deemed to be denied. By way of further response, it is averred that Plaintiff performed its contractual obligations in full. 64. The averment of breach of contract in paragraph 64 is a conclusion of law to which no response is required and is deemed to be denied. It is specifically denied that Plaintiff breached any contract with Defendant. On the contrary, Plaintiff performed all its contractual obligations in full as averred in Plaintiffs Complaint and in the answers hereinabove, all of which are incorporated herein by reference thereto. 65. It is denied that Defendant incurred any administrative, supervision and/or remedial costs because or any matters alleged to be attributable to Plaintiff. On the contrary, Plaintiff performed all its contractual obligations in full thereby obviating any costs of the nature alleged. Mter reasonable investigation, Plaintiff is without knowledge or information sufficient to form a belief as to the costs allegedly incurred, the reasons therefor and the amounts thereof; therefore the same are deemed go be denied pursuant to Pa. R.C.P. 1029 (c). I: 7 LAW OFFICES SNELBAKER. BRENNEMAN 8: SPARE -,I "'1 NEW MATTER RE COUNTERCLAIM Plaintiff avers the following new matter by way of further answer and defense to Defendant's Counterclaim: 66. Subsequent to the projects at issue in this case, Defendant engaged Plaintiff to perform other similar services for Defendant, including, but not limited to, projects known as Lancaster Cracker Barrel, Central Penn Day Care (Enola) and Harrisburg Riverfront. WHEREFORE, Plaintiff requests your Honorable Court to dismiss Defendant's Counterclaim and enter judgment against Defendant and in favor of Plaintiff in accordance with the demands contained in Plaintiffs Complaint. R, BRENNEMAN & SPARE, P.C. By ichard C. Snelbaker, Esquire 44 West Main Street P.O. Box 318 Mechanicsburg, P A 17055-0318 (717) 697-8528 Attorneys for Plaintiff 8 il II LAW OFFICES SNELBAKER. BRENNEMAN 8: SPARE _'C~--.A-c , ~I ,I i VERIFICATION I, Robert D. Yentzer, do hereby verify as follows: that I am the President of Cumberland Valley Excavators, Inc., the Plaintiff in the foregoing Reply and Answer; that I am authorized to make this verification on behalf of the Plaintiff; that the facts contained in said Reply to New Matter and Answer to Counterclaim within my personal knowledge are true and correct; that the facts contained in said Reply and Answer not within my personal knowledge, I believe them to be true and correct based upon the information of others; and that I understand that any false statements made herein are subject to the penalties of 18 P A C.S. 94904 relating to unsworn falsification to authorities. Dated: October 20, 2000. II II LAW OFFICES SNELBAKER. BRENNEMAN & SPARE CERTIFICATE OF SERVICE I hereby certify that I am this date serving a certified copy of the ithin Plaintiff's Reply to New Matter and Answer to Counterclaim upon the attorney for Defendant by sending the same by first-class mail, postage paid, addressed as follows: Diane M. Tokarsky, Esquire McNees, Wallace & Nurick P. O. Box 1166 Harrisburg, PA 17108-1166 ichard C. Sne1baker SNELBAKER, BRENNEMAN & SPARE, PC 44 West Main Street Mechanicsburg, PA 17055-0318 (717) 697-8528 Attorney for Plaintiff ;;tted: October 20, 2000 LAW OFFICES SNEL8AKER, BRENNEMAN & SPARE CUMBERLAND VALLEY EXCAVATORS, INC., Plaintiff, vs. LOBAR ASSOCIATES, INC., Defendant #-- : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 2000 - 4869 CIVIL TERM : JURY TRIAL DEMANDED STATEMENT OF INTENTION TO PROCEED TO THE COURT: The Plaintiff, CUMBERLAND VALLEY EXCAVATORS, INC. intends to proceed with the above-captioned case. Date: October 27,2003 By chard C. Snelbaker, Esquire 44 West Main Street Post Office Box 318 Mechanicsburg, PA 17055-0318 (717) 697-8528 Attorneys for Plaintiff L.. LAW OFFICES SNEL8AKER, BRENNEMAN & SPARE ~~ .... CERTIFICATE OF SERVICE I hereby certify that I am this date, serving a true and correct copy of the within Plaintiffs STATEMENT OF INTENTION TO PROCEED upon the Attorney for Defendant by sending the same by first-class mail, postage paid, addressed as follows: Diane M. Tokarsky, Esquire McNees, Wallace & Nurick P.O. Box 1166 Harrisburg, PA 17108- Richard C. Snelbaker, Esquire Snelbaker, Brenneman & Spare, P.C. 44 West Main Street P.O. Box 318 Mechanicsburg, P A 17055-0318 (717) 697-8528 Attorneys for Plaintiff Dated: October 27,2003 2 ,',-,\. ,-. ,.......~, "_,j;;:':~~~i\.~~~~!t@j~-4LIil"H!:W_11'),\'Jd!~i"';;ldk~>ii&@l!_ ..... () c- U,~,: l1-l:" ~/<: r:s;;;.--- ~\~. Sr- ~{~< 'c .;:> ...OJ -,.' ~"-~ ,-'-' (;.~, ...., "~ -~ c, r; ''-''J 'f"' . ~" ,J . ~~; -j :::.-i !:S:1ri 5:; :1::< ~...::..' '" ~.. :"1} .'"