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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
KINSLEY CONSTRUCTION, INC.
Claimant
v.
BRIDGEPORT ASSOCIATES, INC.
Owner
No. 61- ~4:2....- fht....v '-r~
MECHANICS' LIEN CLAIM
1. The Claimant is Kinsley Construction, Inc., a Pennsylvania corporation, which has its
principal office and place of business at 2700 Water Street, York, York County, Pennsylvania
17403. Claimant files this claim as a Contractor.
2. The Owner ofthe real estate against which this claim is filed is Bridgeport
Associates, Inc., a Pennsylvania corporation which has a registered office of 128 State Street,
Harrisburg, Daul"hin County, Pennsylvania 171 0 1, and an office and place of business at 427
Second Street, Highspire, Dauphin County, Pennsylvania 17034.
3. The date of completion of Claimant's work was October 5, 2000.
4, The party with whom Claimant contracted is Bridgeport Associates, Inc.
5. The labor, equipment, and materials were continuously furnished by Claimant, and
were necessary for the erection and construction of site improvements for the project known as
Bridgeport - Phase II Development. The labor, equipment and materials were furnished in
accordance with a contract for an agreed sum, a true and correct copy of which is attached as
Exhibit B and incorporated herein by reference as though set forth in full.
6, The nature and character of the materials furnished pursuant to the contract were
furnished for the project known as Bridgeport Phase II Development, and.included all labor,
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equipment and materials furnished to supply, install and complete erosion and sediment controls,
roadway and storm basin grading and clearing, sanitary sewer laterals, storm sewer, straight
concrete curb, stone base and binder, wearing surface, electric trenching, including stone
bedding, gas main trenching, including stone bedding, and laying ofPVC utility conduits, all of
which were permanent and necessary and required for the erection and construction of
improvements to the premises.
7. The total sum claimed to be due is $67,320, as shown on the statement of account
attached hereto and incorporated herein as Exhibit B, plus interest as authorized by the contract
at the rate of prime plus 1% from November 1,2000.
8. The improvements to the property are erosion and sediment controls, roadway and
storm basin grading and clearing, sanitary sewer laterals, storm sewer, straight concrete curb,
stone base and binder, wearing surface, electric trenching, including stone bedding, gas main
trenching, including stone bedding, and PVC utility conduits. The property on which the
improvements are located is known as Phase 2, The Woods at Bridgeport, containing 1.2064
acres, situate in Lemoyne Borough, Cumberland County, Pennsylvania, being more fully
described in the metes and bounds description attached and made a part hereof as Exhibit C, and
as recorded in the Office of the Recorder of Deeds for Cumberland County, Pennsylvania, in
Deed Book R32, Page 268.
9. This lien is claimed against the interest of the Owner in the aforesaid premises.
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WHEREFORE, Claimant claims to have a lien upon the premises herein described in the
sum of$67,320.00, plus interest at the rate of prime plus 1 % from November 1,2000 in the
amount oUI ,606.47 for a total of $68,926.47, plus costs of suit.
& COHEN, LLC
By:
aul mnich
Court LD. 74453
Attorneys for Claimant
100 East Market Street
POBox 15012
York, PA 17405
(717) 846-8888
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VERIFICATION
I, Paul W. Minnich, Attorney for Kinsley Construction, Inc., the within Claimant,
being authorized to do so, hereby verify that the facts set forth in the foregoing Mechanics' Lien
Claim are true and correct to the best of my knowledge, information and belief. I understand that
false statements herein are made subject tot he penalties of 18 Pa.C.S.A. S4904 relating to
unsworn falsification to authorities.
Date: iP'I'61
955626
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Abbreviated Standard Form of Agreement Between Owner
and Contractor for Construction Projects of Limited Scope
where the basis of payment is a STIPULATED SUM
FILE C.Opy
AlA DocumentA107 -1997
1997 Edition - Electronic Format
This document includes abbreviated General Conditions and should not be used with other general conditions.
This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. AUTHENTICATION
OF TInS ELECTRONICALLY DRAFTED AlA DOCUMENf MAY BE MADE BY USING AlA DOCUMENT D40I.
This document has been approved and endorsed by The Associated General Contractors of America
Copyright 1936, 1951, 1958, 1961, 1963, 1966, 1974, 1978, 1987, C 1997 by The American Institute of Architects. Reproduction of the material herein or
substantial quotation of its provisions without written permission of the AlA violates the copyright laws of the United States and will subject the violator to legal
prosecution.
AGREEMENT made as of the 13th day of June in the year 2000
(In words. indicate day, month and year)
BETWEEN the Owner:
(Name. address and other information)
Bridgenort Associates. Inc.
427 2nd Street
High Spire. PA 17034
and the Contractor:
. (Name, address and other information)
Kinslev Construction. Inc.
2700 Water Street
PO Box 2886
York. PA 17405
The Project is:
(Name and location)
Bridgeoort - Phase II Development
Lemovne Borough
Cumberland County. PA
The Architect is:
(Name, address and other information)
Hoover Engineering Services. Inc.
P.O. Box 678
Dillsburg. PA 17019
The Owner and Contractor agree as follows.
. AlA DOCUMENT A107 -OWNER, CONTRACTOR AGREEMENT - 1997 EDmON ' AlA - COPYRIGHT 1997 - THE AMERICAN INSTITUTE OF
\. .~. ARCHITECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON, D.C. 20006-5292. WARNING: Unlicensed photocopying violates U.S. copyright laws end
will subject the violator to legal prosecution. This document was electronically produced with pennission of the AlA and can be reproduced without violation until
the date of expiration as noted below.
Electronic Fonnat A107-1997
User Document: BRIDGEPORT.DOC - 6/1312000. AIA License Number 102184, which expires on 4/7/2001 -- Page #1
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ARTICLE 1 THE WORK OF THIS CONTRACT ...
The Contractor shall fully execute the Work describedin the Contract D~ci1fnenis,. except to the extent specifically indicated in
the Contract Documents to be the responsibility of others. .'.
ARTICLE2 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION
2.1 The date of commencement of the Work shall be the date of this Agreement unless a different date is stated below or
provision is made for the date to be fixed in a notice to proceed lssli6d by the Owner.
(Insert the date of commencement, if it diifersfrom the date of this Agreement or, if applicable, state that the date will befixed in a notice to proceed.)
Work shall commence with thirty (30) davs of the Owner providing acceptable proof of financing for the Work of the
Contractor.
2.2 The Contract Time shall be measured from the date of commencement.
2,3 The Contractor shall achieve Substantial Completion of the entire Work not later than ______ days from the date of
commencement, or as foIlows.
(Insert number of calendar days. Alternatively, a calendar date may be used when coordinated with the date of commencement. Unless stated elsewhere in the
Contract Documents, insert any requirementsfor earlier Substantial Completion of certain portions of the Work.)
, subject to adjustments of this Contract Time as provided in the Contract Documents.
(Insert provisions, if any, for liquidated damages relating to failure to complete on time or for bonus paymentsfor early completion of the Work.)
ARTICLE 3 CONTRACT SUM
3,1 The Owner shall pay the Contractor the Contract Sum in current funds for the Contractor's performance of the Contract. The
Contract Sum shall be One hundred sixty nine thousand eight hundred twenty Dollars ($ 169.820.00 ),
subject to additions and deletions as provided in the Contract Documents.
3.2 The Contract Sum is based upon the following alternates, if any, which are described in the Contract Documents and are
hereby accepted by the Owner:
(State the numbers or other identification of accepted alternates. If decisions on other alternates are to be made by the Owner subsequent to the execution of
this Agreement, attach a schedule of such other alternates showing the amountfor each and the date when that amount expires.)
3.3 Unit prices, if any, are as follows:
ARTICLE 4 PAYMENTS
4.1 PROGRESS PAYMENTS
4.1.1 Based upon Applications for Payment submitted to the .\rehHoct Owner by the Contractor ;mil Cemfjsatos for PaYHlBRt
iSSliolllly the }\d'shitoet, the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided
below and elsewhere in the Contract Documents. The period covered by each Application for Payment shall be one calendar
month ending on the last day of the month, or as follows:
4.1.2 Provided that an Application for Payment is received by the MshRest Owner not later than the lOth day of a
month, the Owner shall make payment to the Contractor not later than the last__ day of the __, month. If an Application for
Payment is received by the .\relHlost Owner after the date fixed above, payment shall be made by the Owner not later than ,
thirty (30) days after the Ai'ehRoct Owner receives the Application for Payment.
4,1.3. Payments due and unpaid under the Contract shall bear interest from the date payment is due at the rate stated below, or
in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located.
(Insert rate of interest agreed upon, if any.)
Prime Rate plus 1 %
(Usury laws and requirements under the Federal Truth in Lending Act. similar state and local consumer credit laws and olher regulatiOns at the Owner's and
Contractor's principal places of business, the IDcation of the Project and elsewhere may affect the validity of this provision. Legal advice should be obtained
"JA DOCUMENT A107 ,OWNER, CONTRACTOR AGREEMENT, 1997 EDmON - AlA ' COPYRIGHT 1997 ' THE AMERICAN lNSTITIJTE OF
ARCHITECTS, 1735 NEW YORK AVENUE N.W., W ASHlNGrQN, p,C. 20006,529~.....'YA~G: Unlicensed photocopying violates U.S. copyright laws and
will subject the violator to legal prosecution. This document was electronically produced' with pennission of the AlA and can be reproduced without violation untIl
the date of expiration as noted below.
Electronic Format AI07-1997
User Document: BRIDGEPORT.DOC - 611312000iAIA License Number 102184, which expires on 4/7/2001,- Page #2
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with respect to deletions or modifications, and also regarding requirements su~h as, lI'ritt~11 disclosures or waivers.)
Insert A:~...e.u Davments~J1g~ Davablejg Kinslev Construction Inc and mailedjQ 2700 Water Street PO
AoX' 2886 York Pa 17405
4.2 FINAL PAYMENT
4.2.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor
when:
.1 the Contractor has fully perfonned the Contract except for the Contractor's responsibility to correct Work as
provided in Paragraph 17.2, and to satisfy other requirements, if any, which extend beyond final payment; and
.2 a fmal CeFtiasate fer Pa)'m~Rt has BeeR issliea BY f:ke .l'Jehiteet.
4,2,2 The Owner's final payment to the Contractor shall be made no later than 30 days after the issuance of the Architect's
final Certificate for Payment, or as follow:
Within thirty (30) davs after the Owner receives the Final Application for Pavrnent for the completed Work.
ARTICLE 5 ENUMERATION OF CONTRACT DOCUMENTS
5.1 The Contract Documents are listed in Article 6 and, except for Modifications issued after execution of this Agreement, are
enumerated as follows:
5.1.1 The Agreement is this executed 1997 edition of the Abbreviated Standard Fonn of Agreement Between Owner and
Contractor, AIA DocumentAI07-1997.
5.1.2 The Supplementary and other Conditions of the Contract are those contained in the Project Manual dated
and are as follows:
Document
Title
Pages
5.1.3 The Specifications are those contained in the Project Manual dated as in Subparagraph 5.1.2, and are as follows:
(Either list the Specifications here or refer to an exhibit attached to this Agreement.)
Section Title
Lemovne Bora. Construction and Material Specifications for Land Development
5,1,4 The Drawings are as follows, and are dated unless a different date is shown below:
(Either list the Drawings here or refer to an exhibit attached to this Agreement.)
Pages
Number
Sheets No. I throulili No.4
5.1.5 The Addenda, if any, are as follows:
Number
Title
Pages
Date
Pages
Portions of Addenda relating to bidding requirements are not part of the Contract Documents unless the bidding requirements are
also enumerated in this Article 5.
5.1.6 Other documents, if any, fonning part of the Contract Documents are as follows:
(List any additional documents which are intended to form part of the Contract Documents.)
Kinslev Construction. Inc.'s Ouotation dated Mav 25. 2000 (Exhibit A) (4 Pages)
Kinslev Constructions. Inc.'s Time and MAterial Rates dated Apri126. 2000 (Exhibit B) (3 Pages)
GENERAL CONDITIONS
'JA DOCUMENT AID7 ,OWNER, CONTRACTOR AGREEMENT - 1997 EDmON ' AlA ' COPYRIGHT 1997 - THE AMERICAN INSTITUTE OF
ARCHITECTS, 1735 NEW YORK AVENUE N.W., WASHINGTQN, D.C. 20006,5292. WARNING: Unlicensed photocopying violates U.S. copyright laws and
will subject the violator to legal prosecution. This document was electronically produced with pennission of the AlA and can be reproduced without violation until
the date of expiration as noted below.
Electronic Fonnat A107-1997
User Document: BRIDGEPORT.DOC -, 6/1312000. AlA License Number 102184, which expires on 41712001 -, Page #3
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ARTICLE'6 GENERAL PROVISIONS
6.1 THE CONTRACT DOCUMENTS
The Contract Documents consist of this Agreement with Conditions of the Contract (General, Supplementary and other
Conditions), Drawings, Specifications, Addenda issued prior to. the e~ecution of this Agreement, other documents listed in this
Agreement and Modifications issued after execution of this AgWiliient. A Modification is (I) a written amendment to the
Contract signed by both parties, (2) a Change Order, (3) a Construction Change Directive or (4) a written order for a minor
change in the Work issued by the Architect. The intent of the Contract Documents is to include all items necessary for the proper
execution and completion of the Work by the Contractor. The Contract Documents are complementary, and what is required by
one shall be as binding as if required by all; performance by the Contractor shall be required to the extent consistent with the
Contract Documents and reasonably inferable from them as being necessary to produce the indicated results.
6.2 THE CONTRACT
The Contract Documents form the Contract for Construction. The Contract represents the entire and integrated agreement
between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. The Contract
may be amended or modified only by a Modification. The Contract Documents shall not be construed to create a contractual
relationship of any kind (I) between the Architect and Contractor, (2) between the Owner and a Subcontractor or
sub-subcontractor, (3) between the Owner and Architect or (4) between any persons or entities other than the Owner and
Contractor.
6.3 THE WORK
The term "Work" means the construction and services required by the Contract Documents, whether completed or partially
completed, and includes all other labor, materials, equipment and services provided or to be provided by the Contractor to fulfill
the Contractor's obligations. The Work may constitute the whole or a part of the Project.
6.4 EXECUTION OF THE CONTRACT
Execution of the Contract by the Contractor is a representation that the Contractor has visited the site, become generally familiar
with local conditions under which the Work is to be perfonned and correlated personal observations with requirements of the
Contract Documents.
6.5 OWNERSHIP AND USE OF ARCHITECT'S DRAWINGS, SPECIFICATIONS AND OTHER INSTRUMENTS OF
SERVICE
The Drawings, Specifications and other documents, including those in electronic form, prepared by the Architect and the
Architect's consultants are Instruments of Service through which the Work to be executed by the Contractor is described. The
Contractor may retain one record set. Neither the Contractor nor any Subcontractor, sub-subcontractor or material or equipment
supplier shall own or claim a copyright in the Drawings, Specifications and other documents prepared by the Architect or the
Architect's consultants, and unless otherwise indicated the Architect and the Architect's consultants shall be deemed the authors
of them and will retain all common law, statutory and other reserved rights, in addition to the copyrights. All copies of them,
except the Contractor's record set, shall be returned or snitably accounted for to the Architect, on request, upon completion of the
Work. The Drawings, Specifications and other documents prepared by the Architect and the Architect's consultants, and copies
thereof furnished to the Contractor, are for use solely with respect to this Project. They are not tp be used by the Contractor or
any Subcontractor, sub-subcontractor or material or equipment supplier on other projects or for additions to this Project outside
the scope of the Work without the specific written consent of the Owner, Architect and the Architect's consultants. The
Contractor, Subcontractors, sub,subcontractors and material or equipment suppliers are authorized to use and reproduce
applicable portions of the Drawings, Specifications and other documents prepared by the Architect and the Architect's
consultants appropriate to and for use in the execution of their Work under the Contract Documents. All copies made under this
authorization shall bear the statutory copyright notice, if any, shown on the Drawings, Specifications and other documents
prepared by the Architect and the Architect's consultants. Submittal or distribution to meet official regulatory requirements or for
other purposes in connection with this Project is not to be construed as publication in derogation of the Architect's or Architect's
consultants' copyrights or other reserved rights.
ARTICLE 7 OWNER
7 ,1 INFORMATION AND SERVICES REQUIRED OF THE OWNER
AlA DOCUMENT AI07 ,OWNER - CONTRACTOR AGREEMENT. 1997 EDmON - AlA - COPYRIGHT 1997 ,THE AMERICAN INSTITUTE OF
utCHITECTS, 1735 NEW YORK AVENUEN.W., WASHINGTON, D.C. 20006-5292. WARNING: Unlicensed photocopying violates U.S. copyright laws and
will subject the violator to legal prosecution. This document was electronically produced:with pennission of the AlA and can be reproduced without violation until
the date of expiration as noted below.
Electronic Format A107-1997
User Document: BRIDGEPORT.DOC -- 6/1312000. AlA License Number 102184, which expires on 4/7/2001 -- Page #4
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7.1.1' The Owner shall furnish and pay for surveys and a legotl description of the site,
7,1.2 The Contractor shall be entitled to rely on the accuracy of infonnation furnished by the Owner but shall exercise proper
precautions relating to the safe perfonnance of the Work.
7,1.3 Except for pennits and fees which are the responsibility of the Contractor under the Contract Documents, the Owner
shall secure and pay for other necessary approvals, easements, assessments and charges required for the construction, use or
occupancy of pennanent structures or pennanent changes in existing facilities.
7.2 OWNER'S RIGHT TO STOP THE WORK
If the Contractor fails to correct Work which is not in accordance with the requirements of the Contract Documents, or
persistently fails to carry out the Work in accordance with the Contract Documents, the Owner may issue a written order to the
Contractor to stop the Work, or any portion thereof, until the cause for such order is eliminated; however, the right of the Owner
to stop the Work shall not give rise to a duty on the part of the Owner to exercise this right for the benefit of the Contractor or
any other person or entity.
7.3 OWNER'S RIGHT TO CARRY OUT THE WORK
If the Contractor defaults or persistently fails or neglects to carry out the Work in accordance with the Contract Documents, or
fails to perfonn a provision of the Contract, the Owner, after 10 days' written notice to the Contractor and without prejudice to
any other remedy the Owner may have, may make good such deficiencies and may deduct the reasonable cost thereof, including
Owner's expenses and compensation for the Architect's services made necessary thereby, from the payment then or thereafter due
the Contractor.
ARTICLE 8 CONTRACTOR
8.1 REVIEW OF CONTRACT DOCUMENTS AND FIELD CONDITIONS BY CONTRACTOR
8.1.1 Since the Contract Documents are complementary, before starting each portion of the Work, the Contractor shall
carefully study and compare the various Drawings and other Contract Documents relative to that portion of the Work, as well as
the infonnation furnished by the Owner pursuant to Subparagraph 7.1.1, shall take field measurements of any existing conditions
related to that portion of the Work and shall observe any conditions at the site affecting it. These obligations are for the purpose
of facilitating construction by the Contractor and are not for the purpose of discovering errors, omissions or inconsistencies in
the Contract Documents; however, any errors, omissions or inconsistencies discovered by the Contractor shall be reported
promptly to the Architect as a request for infonnation in such fonn as the Architect may require.
8.1.2 Any design errors or omissions noted by the Contractor during this review shall be reported promptly to the Architect,
but it is recognized that the Contractor's review is made in the Contractor's capacity as a contractor and not as a licensed design
professional unless otherwise specifically provided in the Contract Documents.
8.2 SUPERVISION AND CONSTRUCTION PROCEDURES
8.2,1 The Contractor shall supervise and direct the Work, using the Contractor's best skill and attention. The Contractor shall
be solely responsible for and have control over construction means, methods, techniques, sequences and procedures, and for
coordinating all portions of the Work under the Contract, unless the Contract Documents give other specific instructions
concerning these matters. If the Contract Documents give specific instructions concerning construction means, methods,
techniques, sequences or procedures, the Contractor shall be fully and solely responsible for the jobsite safety thereof unless the
Contractor gives timely written notice to the Owner and Architect that such means, methods, techniques, sequences or
procedures may not be safe. .
8.2.2 The Contractor shall be responsible to the Owner for acts and omissions of the Contractor's employees, Subcontractors
and their agents and employees, and other persons or entities perfonning portions of the Work for or on behalf of the Contractor
or any of its Subcontractors.
8.3 LABOR AND MATERIALS
8.3,1 Unless otherwise provided in the Contract Documents, the Contractor shall provide and pay for labor, materials,
AlA DOCUMENT A107 -OWNER, CONTRACTOR AGREEMENT - 1997 EDITION, AlA - COPYRIGIIT 1997 - THE AMERICAN INSTITUTE OF
'JtCHITECTS,1735 NEW YORK AVENUE N.W., WASIfiNGTON, D.C. 20006-5292. WARNING: Unlicensed photocopying violates U.S. copyright laws and
will subject the violator to legal prosecution. This document was electronically produced with pennission of the AlA and can be reproduced without violation until
the date of expiration as noted below.
Electronic Fonnat AI07-1997
User Document: BRIDGEPORT.DOC -- 6/1312000. AIA License Number 102184, which expires on 4171200 I ,- Page #5
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equipment, tools, construction equipment and machinery, water, heat, utilities, transportation, and other facilities and, services,
necessary for proper execution and completion of the Work whether temporary or pennanent and whether or not incorporated or
to be incorporated in the Work.
8.3.2 The Contractor shall enforce strict discipline and good order among the Contractor's employees and other persons
carrying out the Contract. The Contractor shall not pennit employment of unfit persons or persons not skilled in tasks assigned to
them.
8.3.3 The Contractor shall deliver, handle, store and install materials in accordance with manufacturers' instructions.
8.3.4 The Contractor may make substitutions only with the consent of the Owner, after evaluation by the Architect and in
accordance with a Change Order.
8,4 WARRANTY
The Contractor warrants to the Owner and Architect that materials and equipment furnished under the Contract will be of good
quality and new unless otherwise required or permitted by the Contract Documents, that the Work will be free from defects not
inherent in the quality required or pernlitted, and that the Work will confornl with the requirements of the Contract Documents.
Work not confOrnling to these requirements, including substitutions not properly approved and authorized, may be considered
defective. The Contractor's warranty excludes remedy for damage or defect caused by abuse, modifications not executed by the
Contractor, improper or insufficient maintenance, improper operation or nOrnlal wear and tear and nOrnla1 usage.
8.5 TAXES
The Contractor shall pay sales, consumer, use and other similar taxes which are legally enacted when bids are received or
negotiations concluded.
8.6 PERMITS, FEES AND NOTICES
8,6.1 Unless otherwise provided in the Contract Documents, the CelHFaEller _ Owner shall secure and pay for the building
pernlit and other permits and governmental fees, licenses and inspections necessary for proper execution and completion of the
Work.
8.6.2 The Contractor shall comply with and give notices required by laws, ordinances, rules, regulations and lawful orders of
public authorities applicable to perfornlance of the Work. The Contractor shall promptly notify the Architect and Owner if the
Drawings and Specifications are observed by the Contractor to be at variance therewith. If the Contractor performs Work
!mowing it to be contrary to laws, statutes, ordinances, building codes, and rules and regulations without such notice to the
Architect and Owner, the Contractor shall assume appropriate responsibility for such Work and shall bear the costS attributable
to correction.
8.7 SUBMITTALS
8.7.1 The Contractor shall review for compliance with the Contract Documents, approve in writing and submit to the
Architect Shop Drawings, Prodnct Data, Samples and similar submittals required by the Contract Documents with reasonable
promptness. The Work shall be in accordance with approved submittals.
8,7.2 Shop Drawings, Product Data, Samples and similar submittals are not Contract Documents.
8.8 USE OF SITE
The Contractor shall confine operations at the site to areas pernlitted by law, ordinances, permits and the Contract Documents
and shall not unreasonably encumber the site with materials or equipment.
8.9 CUTTING AND PATCHING
The Contractor shall be responsible for cutting, fitting or patching required to complete the Work or to make its parts fit together
properly.
8.10 CLEANING UP
AlA DOCUMENT A107 ,OWNER _ CONTRACTOR AGREEMENT, 1997 EDmON ' AlA ' COPYRIGHT 1997 ' THE AMERICAN INSTITUTE OF
'lJtCHITECTS, 1735 NEW YORK AVENUE N.W.. WASHINGTON, D.C. 20006,5292. WARNING: Unlicensed photocopying vioiatcs U.S. copyright laws and
will subject the violator to legal prosecution. This document was electronically produced with pennission of the AlA and can be reproduced without violation until
the date of expiration as noted below.
Electronic Format Al07-1997
User Document: BRIDGEPORT.DOC.. 6/1312000. AlA License Number 102184, which expires on 4/7/2001.. Page #6
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The C?ntractor shall keep the premises and surrounding area free front accumulation of waste materials or rubbish caused by ,
operatIOns under the Contract. At completion of the Work, the Contractor shall remove from and about the Project waste
materials, rubbish, the Contractor's tools, construction equipment, machinery and surplus material.
8.11 ROYALTIES, PATENTS AND COPYRIGHTS
The Contractor shall pay all royalties and license fees; shall defend suits or claims for infringement of copyrights and patent
rights and shall hold the Owner and Architect hannless from loss on account thereof, but shall not be responsible for such
defense or loss when a particular design, process or product of a particular manufacturer or manufacturers is required by the
Contract Documents, Or where the copyright violations are contained in Drawings, Specifications or other documents prepared
by the Owner or Architect, unless the Contractor has reason to believe that there is an infringement of patent or copyright and
fails to promptly furnish such infonnation to the Architect.
8.12 ACCESS TO WORK
The Contractor shall provide the Owner and Architect access to the Work in preparation and progress wherever located.
8.13 INDEMNIFICATION
8.13.1 To the fullest extent pennitted by law and to the extent claims, damages, losses or expenses are not covered by Project
Management ProtectiveLiability insurance purchased by the Contractor in accordance with Paragraph 16.3, the Contractor shall
indemnify and hold hannless the Owner, Architect, Architect's consultants and agents and employees of any of them from and
against claims, damages, losses and expenses, including but not limited to attorneys' fees, arising out of or resulting from
perfonnance of the Work, provided that such claim, damage, loss or expense is attributable to bodily injury, sickness, disease or
death, or to injury to or destruction of tangible property (other than the Work itself), but only to the extent caused by the
negligent acts or omissions of the Contractor, a Subcontractor, anyone directly or indirectly employed by them or anyone for
whose acts they may he liable, regardless of whether or not such claim, damage, loss or expense is caused in part by a party
indemnified hereunder. Such obligation shall not be construed to negate, abridge, or reduce other rights or obligations of
indemnity which would otherwise exist as to a party or person described in this Paragraph 8.13.
8.13.2 In claims against any person or entity indemnified under this Paragraph 8.13 by an employee of the Contractor, a
Subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, the indemnification
obligation under Subparagraph 8.13.1 shall not be limited by a limitation on amount or type of damages, compensation or
benefits payable by or for the Contractor or Subcontractor under workers' compensation acts, disability benefit acts or other
employee benefit acts.
ARTICLE 9 ARCHITECT'S ADMINISTRATION OF THE CONTRACT
9.1 The .\rekiteet ii'iR fJre..~ae aelmiHistFatisR eft:he CeB1:faet ana .,~:illge all O',ilfler's FBfJFeseata.ti-\'e (1) cmriag eeastroetisR, (2)
lHitil fmaJ fJaymeat is Ekle ana (3) ~.~:itB tlle (F:.'Ber's eeRsurrsBee, Hem time te time dariBg tHe eRe year J38Fisel fer eeH8et-isa sf
'.Verk aBSeRBSa in. PBrElgfRfJR 17.~.
9,2 The Architect, as a representative of the Owner, will visit the site at intervals appropriate to the stage of the Contractor's
operations (1) to become generally familiar with and to keep the Owner infonned about the progress and quality of the portion of
the Work completed, (2) to endeavor to guard the Owner against defects and deficiencies in the Work, and (3) to determine in
general if the Work is being perfonned in a manner indicating that the Work, when fully completed, will be in accordance with
the Contract Documents. However, the Architect will not be required to make exhaustive or continuous on-site inspections to
check the quality or qliantity of the Work. The Architect will neither have control over or charge of, nor be responsible for, the
construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with
the Work, since these are solely the Contractor's rights and responsibilities under the Contract Documents, except as provided in
Subparagraph 8.2.1.
9.3 The Architect will not be responsible for the Contractor's failure to perfonn the Work in accordance with the requirements
of the Contract Documents. The Architect will not have control over or charge of and will not be responsible for acts or
omissions of the Contractor, Subcontractors, or their agents or employees, or any other persons or entities performing portions of
the Work.
AlA DOCUMENT At07 ,OWNER, CONTRACTOR AGREEMENT, t997 EDmON ' AlA - COPYRIGHT 1997 ' THE AMERICAN INSTITUTE OF
\RClllTECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON, D.C. 20006-5292. WARNING: Unlicensed photocopying violates U.S. copyright laws and
~ will subject the violator to legal prosecution. This document was electronically produced with permission of the AlA and can be reproduced without violation until
the date of expiration as noted below,
Electronic Fonnat A107-1997
User Document: BRIDGEPORT.DOC - 6/13/2000. AlA License Number 102184, which expires on 4/7/2001 -- Page #7
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-' 'lIilll"ft~':!
9.4 Basea SR tHe ;\.fsRiteet's e','aIClatisHs eftfle ''veFh: aHa efth,e CeaH:aeter's }~f1P1ieatieFls fer Ps::,'meat, the }~feRiteet 'l:ill n!':ie~.~l
aHa eeFtifj' taB amBHFlts aHB the Ceatraeter aHa '(':ilI iSSH8 CeFtHieates :fat Paym8at ia sHeR amSl:1Bts.
9.5 The Architect will have authority to reject Work that does not conform to the Contract Documents.
9.6 The Architect will review and approve or take other appropriate action upon the Contractor's submittals such as Shop
Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with information given and
the design concept expressed in the Contract Documents.
9.7 The Architect will interpret and decide matters concerning performance under, and requirements of, the Contract Documents
on written request of either the Owner or Contractor. The Architect will make initial decisions on all claims, disputes and other
matters in question between the Owner and Contractor but will not be liable for results of any interpretations or decisions so
rendered in good faith.
9.8 The Architect's decisions on matters relating to aesthetic effect will be final if consistent with the intent expressed in the
Contract Documents.
9.9 Duties, responsibilities and limitations of authority of the Architect as set forth in the Contract Documents shall not be
restricted, modified or extended without written consent of the Owner, Contractor and Architect. Consent shall not be
unreasonably withheld. '
9.10 CLAIMS AND DISPUTES
9.10.1 Claims, disputes and other matters in question arising out of or relating to this Contract, including those alleging an error
or omission by the Architect but excluding those arising under Paragraph 15.2, shall be referred initially to the Architect for
decision. Such matters, except those relating to aesthetic effect and except those waived as provided for in Paragraph 9.11 and
Subparagraphs 14.5.3 and 14.5.4, shall, after initial decision by the Architect or 30 days after submission of the matter to the
Architect, be subject to mediation as a condition precedent to arbitration or the institotion of legal or equitable proceedings by
either party.
9.10.2 If a claim, dispute or other matter in question relates to or is the subject of a mechanic's lien, the party asserting such
matter may proceed in accordance with applicable law to comply with the lien notice or filing deadlines prior to resolution of the
matter by the Architect, by mediation or by arbitration.
9.10.3 The parties shall endeavor to resolve their disputes by mediation which, unless the parties mutually agree otherwise,
shall be in accordance with the Construction Industry Mediation Rules of the American Arbitration Association currently in
effect. Request for mediation shall be filed in writing with the other party to this Agreement and with the American Arbitration
Association. The request may be made concurrently with the filing of a demand for arbitration but, in such event, mediation
shall proceed in advance of arbitration or legal or equitable proceedings, which shall be stayed pending mediation for a period of
60 days from the date of filing, unless stayed for a longer period by agreement of the parties or court order.
9.10.4 Claims, disputes and other matters in question arising out of or relating to the Contract that are not resolved by
mediation, except matters relating to aesthetic effect and except those waived as provided for in Paragraph 9.11 and
Subparagraphs 14.5.3 and 14.5.4, shall be decided by arbitration which, unless the parties mutually agree otherwise, shall be in
accordance with the Construction Industry Arbitration Rules of the American Arbitration Association currently in effect. The
demand for arbitration shall be filed in writing with the other party to this Agreement and with the American Arbitration
Association and shall be made within a reasonable time after the dispute has arisen. The award rendered by the arbitrator or
arbitrators shall be fmal, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction
thereof. Except by written consent of the person or entity sought to be joined, no arbitration arising out of or relating to the
Contract Documents shall include, by consolidation, joinder or in any other manner, any person or entity not a party to the
Agreement under which such arbitration arises, unless it is shown at the time the demand for arbitration is filed that (1) such
person or entity is substantially involved in a common question of fact or law, (2) the presence of such person or entity is
required if complete relief is to be accorded in the arbitration, (3) the interest or responsibility of such person or entity in the
AlA DOCUMENT A107 ,OWNER, CONTRACTOR AGREEMENT, 1997 EDITION, AlA - COPYRIGHT 1997 ' THE AMERICAN INSTITUTE OF
'JtCIllTECTS, 1735 NEW YORK AVENUE N.W.. WASHINGTON, D.C. 20006,5292. WARNING: Unlicensed photocopying violates U.S, copyright laws and
will subject the violator to legal prosecution. This document was electronically produced with permission of the AlA and can be reproduced without violation until
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matter is not insubstantial, and (4) such person or entity is not'the Architect or any of the Architect's employees or consultantsc..
The agreement herein among the parties to the Agreement and any other written agreement to arbitrate referred to herein shall be
specifically enforceable under applicable law in any COiJrt haVing jurisdiction thereof.
9,11 CLAIMS FOR CONSEQUENTIAL DAMAGES
The Contractor and Owner waive claims against each other for consequential damages arising out of or relating to this Contract.
This mutual waiver includes:
,1 damages incurred by the Owner for rental expenses, for losses of use, income, profit, financing, business and
reputation, and for loss of management or employee productivity or of the services of such persons; and
,2 damages incurred by the Contractor for principal office expenses including the compensation of personnel stationed
there, for losses of financing, business and reputation, and for loss of profit except anticipated profit arising directly
from the Work.
This mutual waiver is applicable, without limitation, to all consequential damages due to either party's termination in accordance
with Article 19. Nothing contained in this Paragraph 9.11 shall be deemed to preclude an award of liquidated direct damages,
when applicable, in accordance with the requirements of the Contract Documents.
ARTICLE 10 SUBCONTRACTORS
10.1 A Subcontractor is a person or entity who has a direct contract with the Contractor to perform a portion of the Work at
the site.
10.2 Unless otherwise stated in the Contract Documents or the bidding requirements, the Contractor, as soon as practicable
after award of the Contract, shall furnish in writing to the Owner through the Architect the names of the Subcontractors for each
of the principal portions of the Work. The Contractor shall not contract with any Subcontractor to whom the Owner or Architect
has made reasonable and timely objection. If the proposed but rejected Subcontractor was reasonably capable of performing the
Work, the Contract Sum and Contract Time shall be increased or decreased by the difference, if any, occasioned by such change,
and an appropriate Change Order shall be issued before commencement of the substitute Subcontractor's Work. The Contractor
shall not be required to contract with anyone to whom the Contractor has made reasonable objection.
10.3 Contracts between the Contractor and Subcontractors shall (1) require each Subcontractor, to the extent of the Work to
be performed by the Subcontractor, to be bound to the Contractor by the terms of the Contract Documents, and to assume toward
the Contractor all the obligations and responsibilities, including the responsibility for safety of the Subcontractor's Work, which
the Contractor, by the Contract Documents, assumes toward the Owner and Architect, and (2) allow the Subcontractor the
benefit of all rights, remedies and redress afforded to the Contractor by these Contract Documents.
ARTICLE 11 OWNER'S RIGHT TO PERFORM CONSTRUCTION AND TO AWARD SEPARATE CONTRACTS
11.1 The Owner reserves the right to perform construction or operations related to the Project with the Owner's own forces,
and to award separate contracts in connection with other portions of the Project or other construction or operations on the site
under conditions of the contract identical or substantially similar to these, including those portions related to insurance and
waiver of subrogation. If the Contractor claims that delay or additional cost is involved because of such action by the Owner, the
Contractor shall make such claim as provided in Paragraph 9.10.
11.2 The Contractor shall afford the Owner and separate contractors reasonable opportunity for introduction and storage of
their materials and equipment and performance of their activities, and shall connect and coordinate the Contractor's activities
with theirs as required by the Contract Documents.
11.3 The Owner shall be reimbursed by the Contractor for costs incurred by the Owner which are payable to a separate
contractor because of delays, improperly timed activities or defective construction of the Contractor. The Owner shall be
responsible to the Contractor for costs incurred by the Contractor because of delays, improperly timed activities, damage to the
AlA DOCUMENT AI07 -OWNER, CONTRACTOR AGREEMENT, 1997 EDITION - AlA ' COPYRIGHT 1997 - THE AMERICAN INSTITUTE OF
\RCIDTECfS, 1735 NEW YORK AVENUE N. W., W ASHlNGTON, D.C. 20006-5292. WARNING: Unlicensed photocopying violates U.S. copyright laws and
will subject the violator to legal prosecution. This document was electronically produced with,permission of the AlA and can be reproduced without violation until
the date of expiration as noted below.
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User Document: BRIDGEPORT.DOC., 6/1312000. AIA License Number 102184, which expires on 41712001 -- Page #9
Work 'or defective construction of a separate contractor.
ARTICLE 12 CHANGES IN THE WORK
12,1 The Owner, without invalidating the Contract, may order changes in the Work within the general scope of the Contract
consisting of additions, deletions or other revisions, the Contract Sum and Contract Time being adjusted accordingly. Such
changes in the Work shall be authorized by written Change Order signed by the Owner, Contractor and Architect, or by written
Construction Change Directive signed by the Owner and Architect.
12.2 The cost or credit to the Owner from a change in the Work shall be detennined by mutual agreement of the parties or, in
the case of a Construction Change Directive, by the Contractur's cost of labor, material, equipment, and reasonable overhead and
profit.
12.3 The Architect will have authority to order minor changes in the Work not involving adjuSlment in the Contract Sum or
extension of the Contract Time and not inconsistent with the intent of the Contract Documents. Such changes shall be effected by
written order and shall be binding on the Owner and Contractor. The Contractor shall cany out such written orders promptly.
12.4 If concealed or unknown physical conditions are encountered at the site that differ materially from those indicated in the
Contract DOCUlllents or from those conditions ordinarily found to exist, the Contract Sum and Contract Time shall be equitably
adjusted.
ARTICLE 13 TIME
13.1 Time limits stated in the Contract Documents are of the essence of the Contract. By executing the Agreement the
Contractor confinns that the Contract Time is a reasonable period for perfonning the Work.
13.2 The date of Substantial Completion is the date certified by the Architect in accordance with Subparagraph 14.4.2.
13.3 If the Contractor is delayed at any time in the commencement or progress of the Work by changes ordered in the Work,
by labor disputes, fire, unusual delay in deliveries, abnormal adverse weather conditions not reasonably anticipatable,
unavoidable casualties or any causes. beyond the Contractor's control, or by other causes which the Architect detennines may
justify delay, then the Contract Time shall be extended by Change Order for such reasonable time as the Architect may
detennine, subject to the provisions of Paragraph 9.10.
,ARTICLE 14 PAYMENTS AND COMPLETION
14.1 APPLICATIONS FOR PAYMENT
14.1.1 Payments shall be made as provided in Article 4 of this Agreement. Applications for Payment shall be in a fonn
satisfactory to the ~ \i"ehitect. Owner.-
14.1.2 The Contractor warrants that title to all Work covered by an Application for Payment will pass to the Owner no later
than the time of payment. The Contractor further warrants that upon submittal of an Application for Payment all Work for which
Certificates for Payment have been previously issued and payments received from the Owner shall, to the best of the Contractor's
knowledge, infonnation and belief, be free and clear of liens, claims, security interests or other encumbrances adverse to the
Owner's interests.
14.2 CERTIFICATES FOR PAYMENT
14.2.1 +ft& ;',FG!l.itect-will;-witIHft'5eyeIHlay&-afler~-ef4fte Ce!llraeter's A'IlJ3liaatiea-fe!' PaymeRt, -eHI!eF-isslle4&-tiI&-
O~i":Ber a Cemfieate fer PEljIHleRt, ',dth a e813Y t8 ~e Ceflt3.:aBtsF, fer SHSR ameHftt as the J.rekiteet eetsflRmes is f!FBperly elHe, sr
aetifj'tHe Cemfaster aaa O'~:Rer is -::riting eftke ..\rehiteGt's TeaseRS fer ....~~ReleiiR~ eeFtif:ieatisa in ,",";Hsle aF ill part: as }:1F8\'iaeEl
in gaepar-agrapR 11.2.2.
AlA DOCUMENT AI07 ,OWNER _ CONTRACTOR AGREEMENT - 1997 EDmON ,AlA - COPYRIGHT 1997 ,THE AMERICAN INSTITUTE OF
'.RClnTECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON, D.C. 20006,5292. WARNING: Unlicensed photocopying vioiates U.S. copyright laws and
will subject the violato:r to legal prosecution. This document was electronically produced with pennission of the AlA and can be reproduced without violation until
the date of expiration as noted below.
Electronic Fonnat AI07,1997
User Document: BRIDGEPORT.DOC - 6/1312000. AlA License Number 102184, which expires on 41712001 -- Page #10
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14.2.2 +1M, iDsuaRee-ef.... CertifIeate-feF Pa)'meFlt-will eeFlGtiMe a r.~oseatatieFl.e,<-lhe Arehileet-te-lhe OWFler, BaGee_4e-c
.^.r~h~eet~s eYaIHatieF1s..ffi'4e~-:mG-tfl.e.--data 68m13risiR~ tbe A13plieatisR-fer Pa-ymem,-tfl.at-the "l'verk Has 13re,;resseel-te-the-
peIat llulIeatos aas that, te the Best efthe l.rehitoet's kae'.\"lesge;'iilJormatieR aRsBolief, Ihe Efllali13' efthe 'Nel'll iG in aeeersaRee
.."lith the Cem.:r-aet De6HFRDHtS. The fareoeifl'; rspres8BtatiBRS arB sHsjeet fa aR e~:all:1.atieR eft.a8 VlTark fer eSFlf.ermaflse 'sita tbe
CSHB:'Bst DesHmeflts -Hf*>>i SlisstaRtial C8fflpletiefl, 49 -restHts --ef Sl:lBSSf.tliem -te5t& -aa4 iFlS13eetieas 4e eerreetieR -e:f--miHef
~eviatieas -fFem~ CeRlraet DeetlmealG ~-te eeffii3letieR -ae4-te GpeoifIe qtlalifIoatieFls e"l'rosS~S~-lhe f.relliteel.-+he-
lGGllaaee-ef-a Col'tlfIoate~ Pa.:,'Hleat-will-fllF!her oeaGtituto-a ropreselllatioR4hat-lhe Ce!llraeter.ffi eRtitles-te pa-ymeat.ffi-lhe-
atBBHBt .eertifiea. I~a've\'er, the iss1:umse sf a CeFtifieate fer Payme&t '::ill Bet Be a re13FeseRtatisH that the }.:rshiteet Bas (1) maae
o"haasll"e_ eeatlatlells-ell-Site iasp8otiol1s-te-ooeeIHhe~_ Efllaat~'-ef-lhe-Werl<;-(21 r.,'lewes eeaGlruetiea meaRS,
methess, leelmiqlles, se'!'leaees -er pree8sllres,-f;1 Foviewes~-ef reEfllisitieRs reeeives-fFem SIlBeeftlFaolel's-aaa material
5Il!'I'liel'S-aaa~-<Iata""'Efllestes~-lhe-Gwael'-te s1Hlstaatiate the CeftlFaelor's-TiglH-te pa.:,"Hlaat, er (4)-maEIe e,,_Inatiea te
a5esrtam he',,, af fer ,..'hat }3l:1Fj!ese tfie CamaetsF has aseel BlaRS)' preds1:lsl:: paid ss aeesuRt sftae CeBtraet 81:lIB.
14.2.3 The ..A~rski:teet lRa~' .,.:ithl=16la a CsFtiHeate fer Pa:,'mBBt in .,v.flale SF iR part, ts tAe BJ~eRt FsasaBably ReSSSSaf)" t8 prateet
tlIa O'NTiS!, ifiB the ..AA-Fskiteet's epiRiss tfie FspresBRtatisHs te tke O'l:asr reElaiFea B~' 81:l9paragFapk 11.2,~ SaBBet Be made. If the
..A.Fskitest is-aaa9le ta eeFtHy paymem: is the amel:Ult-ef-the ..A...pplieaaeR, the ..\i'sfiiteeC':.-ill Bet~t' tae CeBtraeter BREI O-;:aer as
previEles ill Saejllll'Elgl'aflh 11.2.1. The .'\-robiteot Owner may also withhold a Certificate for Payment or, because of subsequently
discovered evidence, may nullify the whole or a part of a Certificate for Payment previously issued, to such extent as may be
necessary in the Architect's opinion to protect the Owner from loss for which the Contraotor is responsible, including loss
resulting from acts and omissions described in Subparagraph 8.2.2, because of:
.1 defective Work not remedied;
.2 third party olaims filed or reasonable evidence indicating probable filing of such claims unless seourity acceptable
to the Owner is provided by the Contractor;
.3 failure of the Contractor to make payments properly to Subcontractors or for labor, materials or equipment;
.4 reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract Sum;
,5 damage to the Owner or another contractor; .
.6 reasonable evidence that the Work will not be completed within the Contract Time and that the unpaid balanoe
would not be adequate to cover actual or liquidated damages for the anticipated delay; or
.7 persistent failnre to cany out the Work in accordance with the Contract Documents.
14.2.4 When the above reasons for withholding certification are removed, certifioation wiJI be made for amounts previously
withheld.
14.3 PAYMENTS TO THE CONTRACTOR
14.3,1 The Contractor shall promptly pay each Subcontractor, upon receipt of payment from the Owner, out of the amount paid
to the Contractor on accOunt of such Subcontractor's portion of the Work, the amount to which said Subcontractor is entitled,
reflecting percentages actually retained from payments to the Contractor on account of such Suboontractor's portion of the Work.
The Contractor shall, by appropriate agreement with each Subcontractor, require each Subcontractor to make payments to
sub-subcontractors in similar manner.
14,3.2 Neither the OWner nor Architect shall have an obligation to payor see to the payment of money to a Subcontractor
except as may otherwise be required by law.
14.3.3 A Certificate for Payment, a progress payment, or partial or entire use or occupancy of the Project by the Owner shall
not constitute acceptance of Work not in accordance with the Contract Documents.
AlA DOCUMENT AI07 ,OWNER, CONTRACTOR AGREEMENT, 1997 EDmON ' AlA. COPYRlGIIT 1997 ' THE AMERICAN INSTITUTE OF
IRCHITECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON, D.C. 20006-5292. WARNING: Unlicensed pholocopying viol ales U.S. copyright laws and
will subject the violator to legal pro~ecution. This document was electronically produced with permission of the AlA and can be reproduced without violation until
the date of expiration as noted below.
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14.4 SUBSTANTIAL COMPLETION
14.4.1 Substantial Completion is the stage in the progress of the Work when the Work or designated portion thereof is
sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work for its
intended use.
14.4.2 ',JiRea lbe f.fcflHect aetcmliaes that the War~e ar aesigHatea paFlioa tae.caf is s,*,st<lRtially eamplete, the l.reaiteet ,':ill
fsstie.-a CeFtifisate sf Saestantial Ceml3letisB-wIHeft-sftaIJ: estafilisR the aate sf S1.iBstaRtial CeFAI3Ietien, estaelisH. res13eFlsiBilities
erthe 'J?:aer ami CeBt:Faater fer seaHm)', mainteRaBSe, H.eat, milities, elama,;e te the '.J/eFI: aHa insHFanee, ana fi~( the time within
whiGh -the CaHll'aetor -5haI! 4iffisIr -aR -*em& ~ -the-Jist aeeampanyiag -the CaFliHeate. 'Hammties re""irea -9y -the CaHlfaet
DesH1BsBts-shaR eeHHR8Bee on-Qa-Qate of Saestantial CSffil31etieR-ef..tke V.Tsrlc C1r aeSit;RataBI3SmSa tRereef-HHless ethely:ise
l'ro':iaea-m-the CeItifIeata -ef Eullotaatial Cempleliaa. ~-the issHaaee -ef-the Cel'liHeate -ef EHestrmtial Campletiaa,-the-
MehHCst-wiH s$mit.iHE>-the-Qwaef'.;m4 CaHll'aetar.fer-lileir .,Il'iltea aGeCplllllee-ef respaasieiliti.s assiga.a ....4ftem-m-5ll6lr
CeFliHeate.
14.5 FINAL COMPLETION AND FINAL PAYMENT
14,5,1 Yjleft r.seiflt of '.YFillca -fIE>lie&-that-the WaFle is rcae:,' for ffila! iasl'eGtiaa lllIa ase.l'tanc. aaa""f"lll~4 a final
!4r~lieatiBa fer Paymem, tke ~^JeRitBat "::ill premptly make SHea iaspeetieR ana, v:hsa tHe .^&ekiteet fmas the '.l/erk aseeptaele
T:lHeIer the CeR1Hst Dseam8ms aRa tHe Ce:BtfaGt ful~' perfsHBea, the :\FSaiteat ".~:illI3F8HlfJt~. issue a Rnal CeFtiRsate :fer Paym8fit
staan,; tHat t8 the Best eftlie ~'u-eRiteet's l~aiv:leeIge, iBfaflBaHBR ana eelief, ana SR the basis eftBe .;"\reffiteet's eft site ~/i5it5 aHa
inspesti8ns~ the "~rk has eeea sempleted is assBFsans8 with teFmS ana seaelit-ieRs. efthe CeR'tFast DBSHme:ets ami that the satire
balanse, feT:IHa ta he daB the CSRtfaeter ana Betsel iB the fma:l Cem.Hsate is Que ana pa~(aBle. The .^.rehiteet's flRaI Ceftifieate fer
Pa:,'iBe&t-wHl seRsa.mte..a..fm:theF repreSeBtatieR4ftat eeBameas-stateG-m SHBfJafag:F&I3R 11.5.2.as I3r6eeaeRt ta4fl.e Ce:atH.etsrs
Ileiag eRlillea ta fiaall'aym.Rt 11"','0 Ileea fulf"lea.
14.5.2 FffialpaymeRt -sI>aIl-iMlt ll.eome-<lH&-lffitil-the CaHll'aetar -has aelh'erea-l&-the O"...er -II ea"'l'lote rel.ase -ef-<Hl~
aRsmg-ENZHlf this Cefttraet-ef reee~ts iR Rill se';ering-alllaeer, materials""iHHi BEJHlfJmeat fer ~::,ftieh..a-liim-eeuk:J. Be HleEl, ar a
eeflEl slltisfaelal'Y -!&-the-Qwaef'-l& iad.lRIlify -the-Qwaef' agaiaot -51161r-liea,.Jf-5ll6lr-iie& r.m. lHlsatisH.a.after paj.....Rls........
ma4e;-the CeHll'aetar-5hal!~-l&-the-Qwaef'-aR mBR.y4ilal-the-Qwaef' may Il. ea"'l'ell.i1....~-ift aisekBi'ging S1iellliea,
iaelaEiiB;; sests ana reasaaaele attameys' fees.
14.5.3 The making of fmal payment shall constitute a waiver of claims by the Owner except those arising from:
.1 liens, claims, security interests or encumbrances arising out of the Contract and unsettled;
.2 failure of the Work to comply with the requirements of the Contract Documents; or
.3 terms of special wammties required by the Contract Documents,
14.5.4 Acceptance of final payment by the Contractor, a Subcontractor or material supplier shall constitute a waiver of claims
by that payee except those previously made in writing and identified by that payee as unsettled at the time of final Application
for Payment.
ARTICLE 15 PROTECTION OF PERSONS AND PROPERTY
15.1 SAFETY PRECAUTIONS AND PROGRAMS
The Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection
with the performance of the Contract. The Contractor shall take reasonable precautions for safety of, and shall provide
reasonable protection to prevent damage, injury or loss tu:
.1 employees on the Wark and other persons who may be affected thereby;
.2 the Work and materials and equipment to be incorporated therein; and
AlA DOCUMENT A107 -OWNER, CONTRACTOR AGREEMENT _ 1997 EDITION - AlA - COPYRlGHT 1997 ' THE AMERICAN INSTITUTE OF
\RCHlTECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON, D.C, 20006-5292. WARNING: Unlicensed photocopying violates U.S. copyright laws and
will subject the violator to legal prosecution. This document was electronically produced with permission of the AlA and can be reproduced without violation until
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.3 other property at the site or adjacent thereto.
The Contractor shall give notices and comply with applicable lawS; ordinances, rules, regulations and lawful orders of public
authorities bearing on safety of persons and property and their protection from damage, injury or loss. The Contractor shall
promptly remedy damage and loss to property caused in whole or in part by the Contractor, a Subcontractor, a sub-subcontractor,
or anyone directly or indirectly employed by any of them, or by anyone for whose acts they may be liable and for which the
Contractor is responsible under Subparagraphs 15.1.2 and 15.1.3, except for damage or loss attributable to acts or omissions of
the Owner or Architect or by anyone for whose acts either of them may be liable, and not attributable to the fault or negligence
of the Contractor. The foregoing obligations of the Contractor are in addition to the Contractor's obligations under Paragraph
8.13.
15.2 HAZARDoUS MATERIALS
15.2.1 If reasonable precautions will be inadequate to prevent foreseeable bodily injury or death to persons resulting from a
material or substance, including but not limited to asbestos or polychlorinated biphenyl (PCB), encountered on the site by the
Contractor, the Contractor shall, upon recognizing the condition, immediately stop Work in the affected area and report the
condition to the Owner and Architect in writing. When the material or substance has been rendered harmless, Work in the
affected area shall resume upon written agreement of the Owner and Contractor. The Contract Time shall be extended
appropriately and the Contract Sum shall be increased in the amount of the Contractor's reasonable additional costs of shutdown,
delay and start-up, which adjustments shall be accomplished as provided in Article 12 of this Agreement.
15.2.2 To the fullest extent permitted by law, the Owner shall indemnify and hold hannless the Contractor, Subcontractors,
Architect, Architect's consultants and agents and employees of any of them from and against claims, damages, losses and
expenses, including but not limited to attorneys' fees, arising out of or resulting from performance of the Work in the affected
area if in fact the material or substance presents the risk of bodily injury or death as described in Subparagraph 15.2.1 and has
not been rendered hannless, provided that such claim, damage, loss or expense is attributable to bodily injury, sickness, disease
or death, or to injury to or destruction of tangible property (other than the Work itself), and provided that such damage, loss or
expense is not due to the sole negligence of a party seeking indemnity.
15.2.3 If; without negligence on the part of the Contractor, the Contractor is held liable for the cost of remediation of a
hazardous material or substance solely by reason of performing Work as required by the Contract Documents, the Owner shall
indemnify the Contractor for all cost and expense thereby incurred. .
ARTICLE 16 INSURANCE
16.1 The Contractor shall purchase from and maintain in a company or companies lawfully authorized to do business in the
jurisdiction in which the Project is located insurance for protection from claims under workers' compensation acts and other
employee benefit acts which are applicable, claims for damages because of bodily injury, including death, and claims for
damages, other than to the Work itself, to property which may arise out of or result from the Contractor's operations under the
Contract, whether such operations be by the Contractor or by a Subcontractor or anyone directly or indirectly employed by any
of them. This insllrance shall be written for not less than limits of liability specified in the Contract Documents or required by
law, whichever coverage is greater, and shall include contractual liability insurance applicable to the Contractor's obligations.
Certificates of InslJrance acceptable to the Owner shall be filed with the Owner prior to commencement of the Work. Each policy
shall contain a provision that the policy will not be canceled or allowed to expire until at least 30 days' prior written notice has
been given to the Owner.
16.2 OWNER'S LIABILITY INSURANCE
The Owner shall be responsible for purchasing and maintaining the Owner's usual liability insurance.
16.3 PROJECT MANAGEMENT PROTECTIVE LIABILITY INSURANCE
16.3.1 Optionally, the Owner may require the Contractor to purchase and maintain Project Management Protective Liability
insurance from the Contractor's usual sources as primary coverage for the Owner's, Contractor's and Architects vicarious
liability for construction operations under the Contract. Unless otherwise required by the Contract Documents, the Owner shall
reimburse the Contractor by increasing the Contract Sum to pay the cost of purchasing and maintaining such optional insurance
AlA DOCUMENT A107 ,OWNER, CONTRACfOR AGREEMENT, 1997 EDlTlON ' AlA - COPYRIGHT 1997 - THE AMERICAN INSTITUTE OF
IRCIllTECTS, 1735 NEW YORK AVENUE N.W., W ASIllNGTON, D.C. 20006-5292, WARNING: Unlicensed photocopying violates U.S. copyright laws and
. will subject the violator to legal prosecution. This document was electronically produced with pennission of the AlA and can be reproduced without violation until
the date of expiration as noted below.
Electronic Format A107-1997
User Docllment: BRIDGEPORT.DOC - 6/1312000. AIA License Number 102184, which expires on 4/7/2001., Page #13
.
coverage, and the Contractor shall not be responsible for purchasing ailY other liability insurance on behalf of the Owner. The'
minimum limits of liability purchased with such coverage shall be equal to the aggregate of the limits required for Contractor's
Liability insurance under Paragraph 16.1.
16.3.2 To the extent damages are covered by Project Management Protective Liability insurance, the Owner, Contractor and
Architect waive all rights against each other for damages, except such rights as they may have to the proceeds of such insurance.
The policy shall provide for such waivers of subrogation by endorsement or otherwise.
16.3.3 The Owner shall not require the Contractor to include the Owner, Architect or other persons or entities as additional
insureds on the Contractor's Liability insurance under Paragraph 16.1.
16.4 PROPERTY INSURANCE
16.4.1 Unless otherwise provided, the Owner shall purchase and maintain, in a company or companies lawfully authorized to
do business in the jurisdiction in which the Project is located, property insurance on an "all-risk" policy form, including builder's
risk, in the amount of the initial Contract Sum, plus the value of subsequent modifications and cost of materials supplied and
installed by others, comprising total value for the entire Project at the site on a replacement cost basis without optional
deductibles. Such property insurance shall be maintained, unless otherwise provided in the Contract Documents or otherwise
agreed in writing by all persons and entities who are beneficiaries of such insurance, until final payment has been made as
provided in Paragraph 14.5 or until no person or entity other than the Owner has an insurable interest in the property required by
this Paragraph 16.4 to be covered, whichever is later. This insurance shall include interests of the Owner, the Contractor,
Subcontractors and sub-subcontractors iri the Project.
16.4.2 The Owner shall file a copy of each policy with the Contractor before an exposure to loss may occur. Each policy shall
contain a provision that the policy will not be canceled or allowed to expire, and that its limits will not be reduced, until at least
30 days' prior written notice has been given to the Contractor.
16.5 WAIVERS OF SUBROGATION
16.5.1 The Owner and Contractor waive all rights against (I) each other and any of their subcontractors, sub-subcontractors,
agents and employees, each of the other, and (2) the Architect, Architect's consultants, separate contractors described in Article
11, if any, and any of their subcontractors, sub-subcontractors, agents and employees for damages caused by fire or other causes
of loss to the extent covered by property insurance obtained pursuant to Paragraph'16.4 or other property insurance applicahle to
the Work, except such rights as they have to proceeds of such insurance held by the Owner as fiduciary. The Owner or
Contractor, as appropriate, shall require of the Architect, Architect's consultants, separate contractors described in Article 11, if
any, and the subcontractors, sub-subcontractors, agents and employees of any of them, by appropriate agreements, written where
legally required for validity, similar waivers each in favor of other parties enumerated herein. The policies shall provide such
waivers of subrogation by endorsement or otherwise. A waiver of subrogation shall be effective as to a person or entity even
though that person or entity would otherwise have a duty of indemnification, contractual or otherwise, did not pay the insurance
premium directly or indirectly, and whether or not the person or entity had an insurable interest in the property damaged.
16.5.2 A loss insured linder the OwJier's property insurance shall be adjusted by the Owner as fiduciary and made payable to
the Owner as fiduciary for the insureds, as their interests may appear, subject to requirements of any applicable mortgagee
clause. The Contractor shall pay Subcontractors their just shares of insurance proceeds received by the Contractor, and by
appropriate agreements, written where legally required for validity, sha1I require Subcontractors to make payments to their
sub-subcontractors in similar manner.
ARTICLE 17 CORRECTION OF WORK
17.1 The Contractor shall promptly correct Work rejected by the Architect or failing to conform to the requirements of the
Contract Documents, whether discovered before or after Substantial Completion and whether or not fabricated, installed or
completed. Costs of correcting such rejected Work, including additional testing and inspections and compensation for the
Architect's services and expenses made necessary thereby, shall be at the Contractor's expense.
17.2 In addition to the Contractor's obligations under Paragraph 8.4, if, within one year after the date of Substantial
AlA DOCUMENT AI07 '()WNEIl., CONTRACTOR AGREEMENT, 1997 EDmON ,AlA - COPYRIGHT 1997 ,THE AMERICAN INSTITUTE OF
ARCHITECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON, D.C. 20006-5292. WARNING: Unlicensed photocopying violates U.S. copyright laws and
will subject the violator to legal prOsecution. This document was electronically produced with pennission of the AlA and can be reproduced without violation until
the date of expiration as noted below.
Electronic Format A107-1997
User Document: BRIDGEPORT.DOC-, 6/13/2000, AlA License Number 102184, which expires on 4/7/2001 -- Page #14
i it"-' -~
Completion of the Work or designated portion thereof or after the d~te for commencement of warranties establish;d underc
Subparagraph 14.4.2, or by terms of an applicable special warranty required by the Contract Documents, any of the Work is
found to be not in accordance with the requirements of the Contract Documents, the Contractor shall correct it promptly after
receipt of written notice from the Owner to do so unless the Owner has previously given the Contractor a written acceptance of
such condition. The Owner shall give such notice promptly after discovery of the condition. During the one-year period for
correction of Work, if the Owner fails to notify the Contractor and give the Contractor an opportunity to make the correction, the
Owner waives the rights to require correction by the Contractor and to make a claim for breach of warranty.
17.3 If the Contractor fails to correct nonconforming Work within a reasonable time, the Owner may correct it in accordance
with Paragraph 7.3.
17.4 The one-year period for correction of Work shall be extended with respect to portions of Work first performed after
Substantial Completion by the period of time between Substantial Completion and the actual performance of the Work.
17.5 The one-year period for correction of Work shall not be extended by corrective Work performed by the Contractor
pursuant to this Article 17.
ARTICLE 18 MISCELLANEOUS PROVISIONS
18.1 ASSIGNMENT OF CONTRACT
Neither party to the Contract shall assign the Contract without written consent of the other.
18.2 GOVERNING LAW
The Contract shall be governed by the law of the place where the Project is located.
18.3 TESTS AND INSPECTIONS
Tests, inspections and approvals of portions of the Work required by the Contract Documents or by laws, ordinances, rules,
regulations or orders of public authorities having jurisdiction shall be made at an appropriate time. Unless otherwise provided,
the Contractor shall make arrangements for such tests, inspections and approvals with an independent testing laboratory or entity
acceptable to the Owner, or with the appropriate public authority, and shall bear all related costs of tests, inspections and
approvals. The Contractor shall give the Architect timely notice of when and where tests and inspections are to be made so that
the Architect may be present lor such procedures. The Owner shall bear costs of tests, inspections or approvals which do not
become requirements until after bids are received or negotiations concluded.
18.4 COMMENCEMENT OF STATUTORY LIMITATION PERIOD
As between Owner and Contractor, any applicable statute of limitations shall commence to run and any alleged cause of action
shall be deemed to have accrued:
.1 not later than the date of Substantial Completion for acts or failures to act occurring prior to the relevant date of
Substantial Completion;
.2 not later than the clate of issuance of the final Certificate for Payment for acts or failures to act occurring subsequent to
the relevant clate of Substantial Completion and prior to the issuance of the final Certificate for Payment; and
.3 not later than the date of the relevant act or failure to act by the Contractor for acts or failures to act occurring after the
date of the final Certificate for Payment.
ARTICLE 19 TERMINATION OF THE CONTRACT
19.1 TERMINATION BY THE CONTRACTOR
Iftlie ~A.:FeRitBGt fails t8 leeemmeBa payment fer a perieel af39 says tHrea.;a Be faHk eftaB CSMFa6tsr, af if If the Owner Jails
to make payment thereon for a period of 30 days, the Contractor may, upon seven additional days' written notice to the Owner
llIIti-lile .'.l'oIliteel, terminate the Contract and recover from the Owner payment for Work executed and for proven loss with
\IA DOCUMENT AI07 .oWNER, CONTRACfOR AGREEMENT _ 1997 EDmON - AlA - COPYRIGIIT 1997 - THE AMERICAN INSTITUTE OF
ARClnTECfS, 1735 NEW YORK AVENUE N.W., WASIllNGTON, D.C. 20006,5292. WARNING: Unlicensed photocopying violates U.S. copyright laws and
will subject the violator to legal prosecution. This document was electronically produced with pennission of the AlA and can be reproduced without violation until
the date of expiration as noted below.
Electronic Format A107-1997
User Document: BRIDGEPORT.DOC., 6/13/2000. AIA License Number 102184, which expires on 41712001.- Page #15
I'
;"
~ "
=',
.
. ,
respect to materials, equipment, tools, and construction equipment and machinery, including reasonable overhead, profit and
damages applicable to the Project.
'.
19.2
19.2,1
TERMINATION BYTHE OWNER
The Owner may terminate the Contract if the Contractor:
,1 persistently or repeatedly refuses or fails to supply enough properly skilled workers or proper materials;
,2 fails to make payment to Subcontractors for materials or labor in accordance with the respective agreements
between the Contractor and the Subcontractors;
,3 persistently disregards laws, ordinances, or rules, regulations or orders of a public authority having jurisdiction; or
.4 otherwise is guilty of substantial breach ofaprovision of the Contract Documents.
19.2.2 When any of the above reasons exists, the Owner, upon certification by the Architect that sufficient cause exists to
justify such action, may, without prejudice to any other remedy the Owner may have and after giving the Contractor seven days'
written notice, terminate the Contract 1IBEl-talEe f1aoSessiaR-ef.-sHe-an4-ef-<lil matoFial., e'l"iflmaHt,-leeI5;-an4 eeastFU.tiaa
aEjliipmeat aaEl maehilla~'lIlereaR e,,:aeElll)' lIle CellB'aeter and may fmish the Work by whatever reasonable method the Owner
may deem expedient. Upon request of the Contractor, the Owner shall furnish to the Contractor a detailed accounting of the costs
incurred by the Owner in finishing the Work.
19.2.3 When the Owner terminates the Contract for one of the reasons stated in Subparagraph 19.2.1, the Contractor shall not
be entitled to receive further payment until the Work is fmished.
19.2.4 If the unpaid balance of the Contract Sum exceeds costs of finishing the Work, including compensation' for the
Architect's services and expimses made necessary thereby, and other damages incurred by the Owner and not expressly waived,
such excess shall be paid to the Contractor. If such costs and damages exceed the unpaid balance, the Contractor shall pay the
difference to the Owner. The amount to be paid to the Contractor or Owner, as the case may be, shall be certified by the
Architect, upon application, and this obligation for payment shall survive termination of the Contract.
ARTICLE 20 OTHER CONDITIONS OR PROVISIONS
. The Owner is to furnish the Contractor with three (3) sets of drawingS at his expense.
\IA DOCUMENT AI07 -OWNER, CONTRACTOR AGREEMENT, 1997 EDITION, AlA ' COPYRIGHf 1997 ' THE AMERICAN INSTITUTE OF
ARCIllTECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON, D.C. 20006-5292. WARNING: Unlicensed photocopying violates U.S. copyright laws and
will subject the violator to legal prosecution. This document was electronically produced with permission of the AlA and can be reproduced without violation until
the date of expiration as noted below.
Electronic Format AI07-1997
User Document: BRIDGEPORT.DOC -, 6/13/2000. AlA License Number 102184, which expires on 41712001 -- Page #16
')
ear first written above.
OWN
~
Mark Stanbaugh
I TRACTOR (Signalure
Jonathan R. Kinslev. President
(printed name and tit/e)
(Printed name and lit/e)
\IA DOCUMENT A107 ,OWNER - CONTRACTOR AGREEMENT, 1997 EDmON ,AlA, COPYRIGIIT 1997 - THE AMERICAN INSTITUTE OF
ARCIflTECTS. 1735 NEW YORK AVENUE N.W., W ASIllNGTQN, D.C. 20006,5292. WAIlNING: Unlicensed photoeopying violates U.S. eopyright la"~ and
will subject the violator to legal prosecution. This document was electronically produced with pennission of the AlA and can be reproduced without violation until
the date of expiration as noted below.
Electronic Fonnat A107-1997
User Document: BRIDGEPORT.DOC -- 6/1312000. AIA License Number 102184, which expires on 4/7/2001 -- Page # 17
5-;MaY,31.. 2000,(2 8:53AM FRcMICHAEL MARTIN INCSERVIC 717 939 12I.d.12l1
"
,N0.5835--'! P, 2 P.2
II" ,~ ,f!U't..
.
MAV-25-00.THU 12:24
. ,
,
..
-', ?-.
K1NSCEY cpHSiR INO
FAX NO, 7177419054
P,02
'KnsL.41
. 'eoN S~R'~CTI 0 ~. :;tl
"
M*)I25,2000
EXHIBIT "An
"
Bridypan J.u~I.les. 1=
Mille: StM~llsJI;'l're$ide"t
c/o b4iabMl L Mati..
427 2D4 SM
Kl,&b Spi~ fA 17034
R.o: ~rilSl8port w Phase IT :Devclopml\\t
QuolatiO!l for Site Improvemell" all Calm Circle
LemO}'no 8oto\lsh
KCI EIlimate No, 9G71
.'
Ow Ga!t1tJllQ1l;
Kin,tty Canl\tllotion, Inl,\, i. plusOcl '10' ~bmit Ibis qlloWioD to liImillh Ut. ,1abor! llCIaipl,Tllllt alld
m.lQrlal. ncaasary 10 p"'rr_lh~ fQJ!.....iD& iImn. gf -..om. '. ,
. .
1.
BtosiOll &. Sediment Ccmrots
A. I S" silt fe~Cll (500 LF).
B.. Slone IlOlI4\zIICtioli elllrllMC.
C.' a!X=k filter berm at olltllll: SII'IIcture,
C;:O~.LZIS ITEM 1\11 l"Cll THB suM OF ".._..........................:............"'............__..5 3..400.00
(Dvee. :J1igusand F(nIr liundrcd .u.__._.......oA_.......n...""..........,_..._....u..............~......I....h.......~' DoUus)
. ,
:a-iway &. Sloan Basin Grading k CleariDJ
A.' CIAI'm,.1IIIC! ;Nbbinc otwooded __ mnovtJ of lllliNlS pile. oi'bunbez._.UtPI.
B, SlriP.~JOiI ft'om bum Illd roi4wq alUI. GM80 CY). .
, C. S!lOlVIt\OI\, fiU aJld QOmpllllliOll. Cor ~y -= and sto""..._basia (t,aIO CY).
, ,D. aOlllhll".!.ulle,~llllUtylw.ii1ctallllotig\\. .
B. Topsoil repl.ecm~~.Nt ptrmueftt ICedins of sr.orm b.ulll.
P;, ~lII\pOfary swlinSllll6 mlll=hil!; of: disturbed l\I'QI.
. .
COMJrJ..E.1$lTJ?M'12 POll.. nmsuM or .......~_..:.,....................~..._.._......._.....,.....s 49,60Q.00
(Forty.l!lIl1e 'nl0UUAd SIllHundred......'n.._'.."_.._..,................................................:...,~",,'Dolbllil).
3.
Sa'llital)' S=wor Later,,"
A. . IllStall 6"l'VC lalCl'all (18 SA). . . .
,r>: TIt-into el!;isune an majn with saddles (IS SA),
COMPL-En ITEM 111 POR. Tim SUM OF ........................._...........,........;....,..~......._.......s.I.OOO.OO
. (Eight Thousand Nin. Hundfl<l...................................,...,........"....,................,.............;.:..-.--..,. DoUa~')
. .
w . t! '2~RJ~ :'oW1er S:reet. "l'or'dA. i 14C3..?306 .~Ni">>', i' ~~I'l '~~~~~tl'l'IX (7WyRi.':'I'(tn'nz . ~l' HI\ "
,~, , '~M
,
"i,,;
S-MaY,3I, 200ql 8:53AM FR(MICHAEL MARTIN INCSERVIC 717 939 (il.:1<l1
No.5835 P. 3 ".3
tlA~-26-00 rHU 12:25
KINSLEV CONSTR lNO
FAX NO. 11'1'I4l90b4
~, U3
. '
'Matk Stanbaugb, l'fe$ident
arjd&cporI',~ Phue n DtlvGlopmenr
QllOl&tlOft far Silcl improvements On Crain eifel.
" "KCI Estimate No. ~6"
May 25; 2000 .
p&ce2.
EXHIBIT "A"
"
4: SlOrlll $cw....
A. Preem inlets (9 EA),
lSJ J"1IcasulllflllllllllhoIC (11!.A).
. C, PreCast basiD outlct,Sl:1I~ (I EA).
l).' 1$- CMP (S06 U).
E: 24" CMP (SS3tF).
P. h'CWtl)Wendwalls (2 EA).
. Q, :kip rap IJII'CllII a. EA).
. ~ .hlllovc existing inlet and pipe.
COMPL~S ITEM #4 FOR. nm stM.OF 11_..............."."..,...,........................--....-._..., 53,,000.00
CP(b.'t'k&zoOI' Th~IS11l\d__._.._._......_......_........I..llt............n..'...."',.,..,...,......,..,......,..."._..... t)Qtlars)
5. . 1... SlrsiaJIl COIIclCfe Curb (1,310 LF)
A. 'FiMsndafoUurDr,
'8. Pi'Il (ormisht~.
C. Plaice I S" vertical curb.
:D., 1llt1kfllJ for tilth.
,
COMI'tE:TEITEM liS FOR. nm su!lii OF ......'''...,'............_.__............,...."'...,_...$ 11,300.00
"',leve1\ ThoUIIOd lhree HundrccL.......,.:...............n......."....""'"..,."...."..,............_...._._._ Dollars)
,- . .
. 6, Srollo Psro sn4 Bindtr - CrairlClrcle ('i,81 Q SY)
A; Finc '1;1<10.
B. , 8" off3A modified SUIIlll blloSC.
C, '. ~"m.:z bInder.
.
CO~E1C. ITEM #16 F01\ nm SUM OF .",.,.....'O.........,..."...".ud~,..."..".........h_.........$. 2.7,900..00
(1"~1)w!6"'eo. n~ Nine. HllDdr~...._...._...........................,""t...._U,..I...........,...,,,,,:.;.1)91111'$)
7_' .W~a,ringSllfAcl,l-eralllCire~(:2.810SY)
A. (:lel'lll1l1~;I\ Goat. .
8: I" ofJD.2 woaring.
C, S~I..II'n8 curb.
"
.COMP1.'E.TE rTEtotltl7 FOB. Ttm SUMOP ..~.......'."...I...:"....,.....lu...........nouu......;";"u..$ 8.9-0~.OO
(EIgllt'ThoUSlDd: N'De Hun.drwd..........,II...........__..._...._....................:....................._-.._....... 'Dotl&rs)
.8. : aOO LF o!Elo;lrio Tronching,lnclllding SlOno Boddin&.
COMl'LETB tTBM liS POtl.. nii W1Tl'IUC~ Qf s.I.OOIU X aoo ~.....,.....,_,............$ 3,200,00
(Th",a Tllouiancl Two !;iWld..d .................._......._._....:..................................................,. PDlIllt&)
CI~', ~~/C'ON
'IN I WII~~W '~ww~lw ~J~~7:11 nnn7 'C7'A!W
5-MaY .31. 20001 8:53AM FRCMICHAEL MARTIN INC SERVIC 717 939 12141211
.
No.5835 P. 4 P.4
, .
MAV-2S-00. THU 12:26
K {NSLEV CQHSTR mc
FAX NO. 71774190~4
.'
/',1.14
, Mat" SllllbaUgll, pJ'elldanf
'. . Srids~rt- Pbue n D"vclopm_
. QuotatiOl\ for !:i~ ImplOvements 01\ Crai~ Circle
, KCI ~timat. No. 9677 . '
. ~y 25, :l000
Page 3
. "
EXHIBIT "A"
'. .
. . .
,:
800 LF DfGu Main ~hillg.lnchldh18 $...... Seddllls.
. COMPLE~ [J:E)4 #, FOR. THP; l.JIIlI'1' P.RIC:SOP sr.90tLF. X COO LP.M........................$ 3;120.00'
(tllreD !hoUSlmd One HuncIn:d Twcn,;y _,__....__._.........:.....:..._..................._...........,..... Dollars)
. "
. .
10, F!,mish eel Lay 200 LP of 4. we Utility Coduiu lhr elec;trle. t::lophono: """ cable TV .trael
orOllilll:l. '.
"
COMPLE.t:e.lTEM#IO FOR. nJE UNIT mea OF S2.SOIl..F X 200 LF..................... ..,....$ 5'00.011
(pive IlUndred..t,1....."........-.....--.--...........-................II"....,...~._._..........................~.....aoo DoURtS)
. .
CC)Ml"LETIlltEMS #1 TBR.U #111 :FOR THE TOTAL SUM OF ...__............_......$ 169,ao.oo
,(OaciR\lllll;e4,~-Ni.e TlIollDad EiPt~lIIldre4 Tnuty .....__~_._......_..._-DDIWS)
'. .
!
'.
PROVI~ONS'
I, Ollrl!uolllnoD IlIUlud" all ofmowork \Ieoaasorytl:t eaml'lc.l.o!be ~jtosiil'tpl'bv<1I\loI\.U lIbown C>Illhe
Ill\lll'~"" by HoClYllf' Bnljn~1Ii Savices,:w.. wirh the Wleptio~ orlb.. illllowlAg hems.
A. Cou~ I1WouL
B. 'hopOft)' lint M'V~:
Co IMp.cllon feci.
.D. Wa=r 1iMs.
, ).. Sjdcwtlb.
1". . llldivicmallot pmg.
'C. EII,iparlllJ fm. .,
.' R. ,.,,~n ""P'P~.w on oItIQ otborthm p~tPOllcls.
I. c:"",pmIan 1lOCling: .
J. ~k lIlCCf,vation.
x. ,,,,,,,iu.
1.. hlocaUan of In)' co.lstlJlS usilliy linea.
M. HaulDlg """"...",..!llrial ofi'...i:ta.
N, \J1I1~ ;otllpany fees. '
O. Sande.
~. lnICi prol4\lti01l filW1'1.
1. All ~ lDpsoll ;s tos talMill AtOOIIpllod on tbe sit..
'. J. Our quoutiOfl Is baud. on th. .........., Pfi"" DC asphal' mOLt..-l..l.. Ii' ,Ius .._ r>f aophal, inGro....s
{lel'ora ,he p....ing i. complcred, we ...serve ~ riShllO iDc.reascl our priooo ib ,ll. lIM""",..r...~
ill......... in the mal8rial C051a. .
fl/*'~ ~c,n'n"
"~I 1111!JWbl '';:'WU''IlllJ lII~t"11 flr"lfl' '~1'lPIAI
S-;May.31. 10002 8:53AM FRCMICHAtL MAhllN INC::;~KY1C; III """ "''"'''I
I~ 0 .06,0 r, 0 1-'. '"
KAV-25-00 THU 12:~~
KlNSlEV .CONSTIl mo
t'AX NO, '11'r:14190'o4
~,Ub
'Mark StinbauP1, Pl'IIsJdellt
Ilrid~~IT- PNH n DwcloJlDlmt
Quota!ian for Slla Jmpl'llvem~nl5 on CI"AiIl eirel,.
KCl Estimate No. 9677
Ma,y 2~. iZOOO
Pag~ 4
EXHIBIT "A"
. '. PROVISYONS (continued)
" '
4. 'Our qv.otatlon for tho ole=lio lfOIIoblllC 8ft!! lbe I'Ve utility eon!!ulta (Items #8, #9 ~ '10) ~
baHcI upen erdmarod quamllies be~us. w. d~ /lilt have final utility Ill..... I,t lbls tUn.. TII. adDal
. 'Valut for IMM Itctils'(lfwod: "'lI1 ~ lldjullted 16 ref1eottho ailWal quantitie$ of\Vgrk r~llhw!l after
. w.,reeelvlI'the final plw ti'olll tb..lltility CO/IIplUIie$. .
" .
$, . ThIOn' is =t1y 1\0 ......ior> 8; lodim\lllt ;onIrQl phw. ~ lWn$ led Cf.Uant~ ~ 1>..." \Ipon
p,ast Projecu..... ,.' .
"
, .
6. Our qIlot&tion is based \I~1l tile to1knVlns plena, ",hid> \WIt'O . pl'Opatecl by HoovOl' En&lneerlng
Soryleel,' Inc:. (PIIIIs racei\'04 on May:D. ZOOO)
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'Cover Sheet
Silo Plan
Ofldmg Pian
SUcc! Profile
1.1>0 ~~TJP.Vl~i61il DA -rE-
. SIWOD
5122/00
$I.UJOO
5/22100
7.
.~ quoi:ot;C)n is blsod UjlQII "'I.;h _mall. lode:, if encounwe.d, will: be bl.,red ...d c:a:avztcd
, .t ~ f'oJlowi1l8 -.ddltlall.1 IlAIt prices. .. .
BULK~OCK:EXCAVA.TION S30.00ICY
TRENCI;lROCKEXCAVATION S40.0111C\'
Azty r~ 'Cl<C&vat04 wiD b$ buried an !,be slr:e. 'the quantil)/ or trellub ,odI. o...ca.'VMlon will be
calCWlted by ta!dn& a Width of the ClIItslda'diamelCl' Of'1!ICI plp'= plu. +' (with ll1llnl!1lum widlh of
~6'), dill.. lb. _II depth IIl4lensth of'lba ~ OIICOl111llofe4-
. .
If u.y rock Is encolllll4l'ed whieh caROot b~ IIluwl hec.tm6 It i; IlID cl~ to an .ex!Iltn,g Qtilit)' llno,
It will W II\Ccbanla.lly brol= (with is Hoc Ram). and IeIDOvcd. OIl.dime .wi material b!llb.
"
.. ?'&t qlla/aiianlllDY b. :wilhclmwA If it is Me """,,,cd wi1IIin (30) days.
If;you have Ill)' !lllesliQJl5 pl~ call m. 8l (717) 741-8409. ThaIIk y.... fat lhe cppot1ullit)! fD submit thia
qlltJl~t1otl. " '. . '. '
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KINSLEY CONSTRUCTION, INC, EXHIBIT "B'"
LABOR AND EQUIPMENT TIME & MATERIAL RATES - PA
Effective Date: April 26, 2000
Page 1 of 3
CLASS EQUIPMENT NAME HOURLY RATES
TRUCKS TRACTOR TRAILER 80.00
AGITOR/CONCRETE MIXER 85.00
ARTICULATED HAULER,VOLVO A30 115.00
ARTICULATED HAULER-VOLVO A35 140.00
TRI-AXLE DUMP 64.00
TEN WHEEL DUMPIWATER TRUCK 60.00
SINGLE AXLE DUMP TRUCKSIDISTRIBOR TRUCK 54.00
FLAT BED/STAKE BODY 37.00
PICK-UPS 32.00
LOADERS HIGHLlFT 953/935 80.00
HIGHLlFT 963 92.00
HIGHLlFT 973 108.00
BOBCATIUNILOADER 52.00
UNILOADER/PLANER 80.00
CAT IT2819281936 RT LOADER 80.00
CAT 950F WHEEL LOADER 80.00
HOES RUBBER TIRE BACKHOE-ALL TYPES 2WD 54.00
RUBBER TIRE BACKHOE-ALL TYPES 4 WD 58.00
BOBCAT EXCAVATOR 58.00
CAT EL2001320122513121315 92.00
GRADALL-ALL TYPES 115.00
CAT 325/EL30013301231 120.00
CAT 345 135.00
CAT 375 258.00
KOBELCO SK400LC - MASS EXCAVATOR/CAT 350 145.00
SCRAPERS TS-14 SCRAPER 140.00
CAT SCRAPER 170.00
DOZERS CAT D-4/0-3 75.00
CAT D-5/D-6 85.00
CAT D-8 130.00
GRADERS JD570 GRADER 70.00
MAINTAINER 68.00
CAT 140 GRADER 82.00
CAT 120 GRADER 78.00
CRANE GROVE CRAN&18 TON122 TON 90.00
GROVE CRANE-50 TON 115.00
GROVE CRANE-40 TON 110.00
SHUTTLE CRANE 90.00
3330D SHUTTLE CRANE 125.00
GROVE CRANE-75 TON 155.00
GROVE CRANE-150 TON 175.00
BOOM TRUCK 80.00
ROLLERS COMPACTORS-CAT 815 90,00
MINI-ROLLERS BW-90 65.00
SMALL ROLLERS-DD24/DD32 70.00
MEDIUM ROLLERS - DD65/SD,70 75.00
LARGE ROLLERS - DD90/SD-100 80.00
X-LARGE ROLLERS - DD11 0 100.00
RUBBER TIRED ROLLER-RaSCO TRU-PAC 9 55.00
REG STATIC ROLLERS 50.00
PROOF ROLLER - 50 TON 45.00
WALK BEHIND ROLLERS 54.00
F:\USER\MSPIEGEL\FORMS\4-26-00 PA EQUIP RENTAL RATE.DOC
'_' ::.."e,
KINSLEY CONSTRUCTION, INC,
LABOR AND EQUIPMENT TIME & MATERIAL RATES - PA
Effective Date: April 26, 2000
Page 2 of 3
EXHIBIT "B"
PAVERS-ASPHALT 10' PAVER 461 130.00
8' PAVER 361 120.00
BLACKTOP CURBER 55.00
ROAD WIDENER-RW38 50,00
STONE BOX 100.00
ROAD WIDENER,RW10b 114.00
ROAD WIDENER,RW195 150.00
TRAC DRILL TRAC DRILL 90.00
COMPRESSORS IR 150-175 COMP 45.00
SAWS QUIK,CUT SAW 50.00
FLOOR SAW 105.00
HYDRAULIC SAW 80.00
CHAIN SAW 47.00
WALL SAW WITH COMPo 110.00
WALL SAW /ICS HYDRAULIC 220.00
LIFTS FORKLIFT 54.00
JLG LIFT (40 FT) 60.00
JLG LIFT (60 FT) 65.00
SCISSORS LIFT 52.00
PETIIBONE LIFT 64.00
TRILlFTER-INDUSTRIAL 180.00
CONCRETE EQUIP CONCRETE CURB MACH - OLD MACHINE 145.00
CONCRETE CURB MACH - NEW POWER CURB MACHINE 115.00
GEORGIA BUGGIES 33.00
CEMENT MIXER (NO OPR) 15.00
CONCRETE PUMP 55.00
TROWEL MACH (SINGLE) 40.00
TROWEL MACH (DOUBLE & RIDER) 44.00
FINISHING MACHIGOMAC 85.00
LASER SCREED S100 175.00
LASER SCREED S240 250.00
MATERIAL SPREADER 100.00
TRIMMERlPLACER-GOMACO - GT9000 300.00
TOPPING SPREADER 175.00
GOMACO COMMANDER SLlPFORM PAVER(4-10 FT) 250.00
GOMACO COMMANDER III (FOUR TRAC) PAVER (1a-20FT) 300.00
GOMACO PLACERlFINISHER,PS2600 250.00
GOMACO GHP-2800 (4 TRAC) CONC. PAVER (12,24 FT) 350.00
GOMACO TC600, 32" TEXTURE/CURE MACHINE 175.00
MISC ARROW BREAKER 110.00
AUTOS/UTILITY VEHICLES (NO OPERATOR) 8.00
BOBCAT BREAKER W/MINI X 89.00
BORING MACHINE 195,00
CONCRETE DRILL 72.00
CORE DRILL W/8" BIT-CS08 54.00
CUTTING TORCH 38.00
COMPACTOR PLATE WIHOE 85.00
ELECTRONIC LEVELS 50.00
E-Z AIR DRILLS - TRIPLE 68.00
GENERATORS (NO OPERATOR) 10.00
HOLE HOG W/COMP. 70.00
JACK HAMMER 34.00
MILLING MACHINES 70.00
F:\USER\MSPIEGEL\FORMS\4.:Z6-00 PA EQUIP RENTAL RAlE.DOC
" I - ";"~-^-, L'''~'\.,
" KINSLEY CONSTRUCTION, INC.
EXHIBIT "B"
LABOR AND EQUIPMENT TIME & MATERIAL RATES - PA
Effective Date: April 26, 2000
Page 3 of3
(MISC - CONTINUED) NPK BREAKER W/BACKHOE 134.00
NPK BREAKER WfTRACKHOE 175.00
PIPE LASER 58.00
SAFETY EQUIPMENT (NO OPERATOR) 10.00
SAND BLASTER W/COMP 54.00
SEEDER/MULCH WfTRK 75.00
SNOWBLOWER 45.00
STEAM CLEANING EQUIPMENT 40.00
STREET SWEEPER 43.00
TACK TRAILER WfTRUCK 40.00
TENANT SWEEPER/SCRUBBER 45.00
TEST EQUIPMENT-ALL TYPES 47.00
TRACTOR W/ATTACH 50.00
TRAFFIC CONTROL EQUIPMENT (NO OPERATOR) 12.00
TRAILERS/OFFICE & STORAGE (NO OPERATOR) 4.00
TRAILERS-LOWBOYS (NO OPERATOR) 10.00
TRENCHER SHIELDS (NO OPERATOR) 10.00
TRENCHERS 75.00
VIBRATING SCREED 40.00
WACKERlTAMPER 40.00
WATER PUMP (NO OPERATOR) 10.00
WELDER 40.00
WELDER WfTRUCK 48.00
LABOR ONLY SUPERINTENDENT 50.00
FOREMAN 40.00
CREWILEAD PERSON 39.00
OPERATOR 39.00
CARPENTER 35.00
TRADES 34.00
LABOR 30.00
TRUCK DRIVER 30.00
F:\USER\MSPIEGEL'lFOJ\MS\4-26-00 PA EQUIP RENTAL RAlEDOC
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KINSLEY CONSTRUCTION, INC.
AR510 CUSTOMER - TRANSACTION
JAN 16, 2001 8:50:36
PAGE 1
C U S TOM ERA C C 0 U N T S
First THROUGH Last
TRANS# T INVOICE
CONTRACT MONTH DArE
DUE
DESCRIPTION
TOTAL DUE
RErAINAGE
CURRENT
CHECK RT
BRIDGEPORT ASSOCIATES INC 2480
---~~~~---~~-------------~~----------
34210 I 6341 9677- 07/00 07/31/00 08/30/00 JB PROGRESS APP# 2 50,790.00 1
37381 P 9677- 12/00 12/05/00 '30,000.00 75741
TOTAL INVOICE : 20,790.00 0.00 20,790.00
34991 I 6478 9677- 08/00 08/31/00 09/30/00 JB PROGRESS APP# 3 32,725.00
TOTAL INVOICE : 32,725.00 0.00 32,725.00
35704 I 6655 9677- 09/00 09/30/00 11/01/00 JB PROGRESS APP# 4 13,805.00
TOTAL INVOICE 13,B05.00 0.00 13,B05.00
TOTAL CUSTOMER 67,320.00 0.00 67,320.00
*** RECEIVABLE TYPE SUMMARY ***
TYPE GL ACCOUNr
REG 1100 RECEIVABLES CONSTRUCT ION 67,320.00 67,320.00
RET 1110 RETAINAGE 0.00
RECEIVABLE TYPE TOTALS 67,320.00 0.00 67,320.00
GRANO TOTAL : 67,320.00 0.00 67,320.00
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. JAN::-15-0L tlaN lNO
HARTtlAN 8, ASSOC,
FAX NO. 7177372063
P. 02
LEGAL DESCRIPTION OF
PHASE 2
THE WOODS AT BRIDGEPORT
LEMOYNE BOROUGH, CUMBERLAND COUNTY
PENNSYLVANIA
BEGINNING at a point, said point being located on the eastern right-of-way line
of Crain Circle at the common line between Phase 1 of The Woods at
Bridgeport and Phase 2 of The Woods at Bridgeport, said point being
referenced from the intersection of the northem right-of-way line of Bridge
View Drive and the eastern right-of-way line of Crain Circle the following 5
courses;
1) on the arc of a curve curving to the right having a radius of 10.00 feet
and an arc length of 17.28 feet to a point on the western right-of-way
line of Crain Circle,
2) along the eastern right-of-way line of Crain Circle North 3a degrees 41
minutes 48 seconds West. a distance of 83,66 feet to a point,
3) along the same on the arc of a curve curving to the right having a radius
of 375.00 feet and an arc length of 84,65 feet to a point.
4) along the same North 25 degrees 45 minutes 50 seconds West, a
distance of 95,32 feet to a poInt,
5) along the same on the arc of a curve curving to the left having a radius
of 250.00 feet and an arc length of 82.94 feet to a point;
thence continuing along the eastern right-of-way line of Crain Circle on the arc
of a curve curving to the left having a radius of 250.00 feet and an arc length
of 103.89 feet to a point; thence along the same North 68 degrees 34 minutes
45 seconds West. a disttlnce of 101,38 feet to a point: thence along the same
on the arc of a curve curving to the right having a radius of 20.00 feet and an
arc length of 17.45 feet to a point; thence along the same on the arc of a
curve curving to the left having a radius of 50.00 feet and an arc length of
82.80 feet to a point at Phase 4 of The Woods at Bridgeport; thence along
Phase 4 North 24 degrees 55 minutes 14 seconds West, a distance of 61.79
feet to a point at Phase 3 of The Woods at Bridgeport; thence along Phase 3
North 44 degrees 36 minutes 45 seconds East. a distance of 167.43 feet to a
point on the western right-of-way line of Bridge View Drive: thence along the
western right-of-way line of Bridge View Orive South 39 degrees 49 minutes
54 seconds East, a distance of 12.64 feet to a point; thence along the same
on the arc of a curve curving to the left having a radius of 261.66 feet and an
arc; length of 55.26 feet to a point; thenc;e IIIon9 the stlme South g1 degrees
55 minutes 55 seconds East, a distance of 191.23 feet to a point; thence
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JAN::-15-01.Mmll~:31
HARTMAN & ASSOC, FAX NO, 7177372063
P. 03
along the same on the arc of a curve curving to the right having a radius of
375.00 feet and an arc length of 50.31 feet to a point; thence along the same
South 44 degrees 14 minutes 43 seconds East, a distance of 30.12 feet to a
point at Phase 1 of The Woods at BrIdgeport; thence along Phase 1 South 44
degrees 36 minutes 18 seconds West, a distance of 126.25 feet to a point on
the eastern right-of-way line of Crain Circle; the point of BEGINNING,
Phase 2 contains 52,552.99 square feet or 1.2064 acres.
d,~"h
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SHERIFF'S RETURN - OUT OF COUNTY
~~
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CASE NO: 2001-00542 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
KINSLEY CONSTRUCTION INC
VS
BRIDGEPORT 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 OWNER
BRIDGEPORT ASSOCIATES INC
but was unable to locate Them
deputized the sheriff of
, to wit:
in his bailiwick. He therefore
County, Pennsylvania, to
serve the within MECHANICS LIEN CLAIM
On February 13th
2001 , this office was in receipt of the
attached return from
Sheriff's Costs:
Docketing
Out of County
Surcharge
DAUPHIN COUNTY
24.00
9.00
20.00
37.50
.00
90.50
02/13/2001
BARLEY SYDER
Sworn and subscribed to before me
this :kJt:- day of ::t..toWA'J
:U-OI A.D.
~C.~~
prothonotar
~~
R. Thomas Kline .
Sheriff of Cumberland County
SENFT COHEN
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In 1'he Court of Common Pleas of Cumberland County, Pennsylvania
Kinsley Construction, Inc.
t VS.
Bridgeport Associates, Inc.,
Serve: Bridgeport Assoc., Inc.
IHighspire location)
et. al.
No. 01-542 Civil (MLD)
Now,
1/29/01
, 20 (I () , I, SHERIFF OF CUMBERLAND COUNTY, P A, do
f
, hereby deputize the Sheriff of Dauphin
County to execute this Writ, this
deputation being made at the request and risk of the Plaintiff. A'/Af!,'.
, , . ~~~~t:~'
Sheriff of Cumberland County, PA
Affidavit of Service
Now,
,20_, at
o'clock
M. served the
within
upon
at
by handing to
a
copy ofthe Oliginal
and madelmown to
the contents thereof.
So answers,
Sberiff of
County, PA
Swom and subscribed before
me this _ day of
. ?O
,--
COSTS
SERVICE
:MILEAGE
A.FFIDA VIT
$
$
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. In ifhe Court of Common Pleas of Cumberland County, Pennsylvania
. Kinsley Construction, Inc.
VS.
Bridgeport Associates, IrlC
Serve: Bridgeport Assoc., Inc.
(Harrisburg, Location)
et. al.
No.01-542 Civil
Now,
1/29/01
, 20 Q () , I, SHERIFF OF CUMBERLAND COUNTY, P A, do
.
hereby deputize the Sheriff of Dauphin
County to execute this Writ, this
deputation being made at the request and risk of the Plaintiff.
. .' ~~_-€~#
SheriffofCurnberland County, PA
Affidavit of Service
Now,
,20_, at
o'clock
M. served the
within
upon
at
by handing to
a
copy ofthe original
and made known to
the contents thereof.
So answers,
Sheriff of
County, PA
Sworn and subscribed before
me this day of
20
'-
COSTS
SERVICE
:MILEAGE
AFFIDAVIT
$
$
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@ffitt of tlp~ ~4~riff
..
William T. Tully
Solicitor
Ralph G. McAllister
Chief Deputy
Mary Jane Snyder
Real Estate Deputy
Michael W. Rinehart
Assistant Chief Deputy
Dauphin County
Harrisburg, Pennsylvania 171 0 I
ph: (717) 255-2660 fax: (717) 255-2889
Jack Lotwick
Sheriff
.
Commonwealth of Pennsylvania
KINSLEY CONSTRUCTION INC
vs
County of Dauphin
BRIDGEPORT ASSOCIATES
Sheriff's Return
No. 0358-T - -2001
OTHER COUNTY NO. 01-542 MLD
AND NOW: February 8, 2001 at 10:55AM served the within
MECHANICS LIEN upon
BRIDGEPORT ASSOCIATES by personally handing
to MARK STAUBAUGH, SR PRESIDENT 1 true attested copy(ies)
of the original
MECHANICS LIEN
and making known
to him/her the contents thereof at 128 STATE ST.
HBG, PA 17101-0000
C!-. ~aWw)
So Answers,
?t~
Sworn and subscribed to
before me this 9TH day of FEBRUARY, 2001
Sheriff
Deputy Sheriff
PROTHONOTARY
By
Sheriff's Costs: $37.50 PD 02/07/2001
RCPT NO 146144
WEVODAU
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@ffitt of tlp~ ~4~riff
..
William T. Tuily
Solicitor
Ralph G. McAllister
Chief Deputy
Mary Jane Snyder
Real Estate Deputy
Michael W. Rinehart
Assistant Chief Deputy
Dauphin County
Harrisburg, Pennsylvania 171 0 I
ph: (717) 255-2660 fax: (717) 255-2889
Jack Lotwick
Sheriff
.
Commonwealth of Pennsylvania
KINSLEY CONSTRUCTION INC
vs
County ofDauphiu
BRIDGEPORT ASSOCIATES
Sheriff's Return
No. 0358-T - -2001
OTHER COUNTY NO. 01-542 MLD
AND NOW: February 8, 2001 at 10:55AM served the within
MECHANICS LIEN upon
BRIDGEPORT ASSOCIATES INC by personally handing
to MARK STAUBAUGH, SR. PRESIDENT 1 true attested copy(ies)
of the original
MECHANICS LIEN
and making known
to him/her the contents thereof at 427 2ND ST.
HIGHSPIRE, PA 17034-0000
<!!-. p~)
PROTHONOTARY
So Answers,
JR~
Sworn and subscribed to
before me this 9TH day of FEBRUARY, 2001
Sheriff's Costs: $37.50 PD 02/07/2001
RCPT NO 146144
WEVODAU
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MAY.-.nTOI(MON) 13:41
ADLER & CLARA V AL
TEL:717 2341670
P. 002
,
KINSLEY CONSTRDCTION, ute"
Pla.;i.ntiff
) IN THE COURT 01' COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
)
v.
WOo 01-542 MLD 1'EllM
)
Bl\IDGIilPORT ASSOCIATES, mc.
Defendant
) MECHANICS' LIEN
PllAECIPE
TO THE PROTHONOTARY:
You are here,py directed to mark the above-captioned mechanics'
lien satisfied and the property described therein shall he deemed
released from said mechanics' lien.
DATED: -flIPl
,
, .-
FiLE!}-OrFICE
OF' . FFOTHONOTARY
01 ~MY I j 1\1'110: 10
CUlv18EHI.NiU COUN1Y
PENNSYLVANIA
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