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HomeMy WebLinkAbout08-0313I [' TAYLOR TURF INSTALLATION, INC., d/b/a TTI Sports 17790 Chesterfield Airport Road Chesterfield, MO 63005 Claimant MESSIAH COLLEGE One College Avenue Grantham, PA 17027 Owner/Reputed Owner IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2? " 3 Mechanic's Lien NOTICE OF MECHANIC'S LIEN CLAIM To: Messiah College One College Ave. Grantham, PA 19027 Please be advised that a mechanics' lien claim was filed in the Court of Common Pleas of Cumberland County on January 15, 2008, at the above captioned docket number. A true and correct copy of the mechanics' lien claim is attached hereto for your convenience. REAGER & ADLER, P.C. Jo . Pietrz , Esquir omey I.D. No. 79538 Thomas O. Williams, Esquire Attorney I.D. No. 67987 2331 Market Street Camp Hill, PA 17011-4642 (717) 763-1383 Attorneys for Claimant TAYLOR TURF INSTALLATION, INC., : IN THE COURT OF COMMON PLEAS d/b/a TTI Sports : CUMBERLAND COUNTY, 17790 Chesterfield Airport Road : PENNSYLVANIA Chesterfield, MO 63005 Claimant NO. MESSIAH COLLEGE One College Avenue Grantham, PA 17027 Mechanic's Lien Owner/Reputed Owner MECHANIC'S LIEN CLAIM Claimant Taylor Turf Installation, Inc., d/b/a TTI Sports (hereinafter "Claimant"), files this mechanics' lien claim against Messiah College, (hereinafter "Owners/Reputed Owners"), and against the real property hereinafter described and the curtilege appurtenant thereto for the payment of a debt due Claimant as subcontractor in the construction work of the property. The following is a statement of the claim: 1. The name of the Claimant is Taylor Turf Installation, Inc., d/b/a TTI Sports, with its principal office located at 17790 Chesterfield Airport Road, Chesterfield, MO 63005, and it files this claim as a subcontractor. 2. The name and address of the Owner or Reputed Owner at the time of the furnishing of the labor, goods and materials and the attaching of the lien therefore is Messiah College, One College Avenue, Grantham, Cumberland County, Pennsylvania 17027. 3. The Claimant contracted with owner's general contractor pursuant to a written agreement to supply all labor, equipment and tools necessary to install AstroGrass P synthetic turf on the playing field, and TigerTurf Elite synthetic turf to the asphalt track surface, in connection with the construction and field installation of Anderson Field at Messiah College (hereinafter the "Project"). A true and correct copy of the subcontract between Claimant and Owner's general contractor is attached hereto as Exhibit "A". 4. Pursuant to Claimant's subcontract, Claimant was to be paid a contract sum of $82,164.00. Claimant has incurred, and is entitled to payment for, additional costs of $29,836.36, for a total amended contract sum of $112,000.00. 5. To date, Claimant has been paid a total amount of $62,987.61 leaving a principal balance due and owing of $49,012.39. 6. The amount or sum claimed to be due for the labor and materials is $49,012.39, plus interest at the rate of 6% per annum on the unpaid balance from the date of the completion of the work. 7. The Claimant commenced its work on or about August 23, 2007. 8. Claimant provided the labor and materials and performed its work in a good and workmanlike manner and completed its work for which it makes this claim on September 15, 2007. 9. This lien is claimed against the fee simple interest of the Owners in the aforesaid premises. 10. The Claimant provided the Owner with a written Notice of its intention to file a Mechanic's Lien on December 7, 2007, by certified mail. A true and correct copy of Claimant's December 7, 2007 Notice of intention to file Mechanic's Lien is attached hereto as exhibit "B". 2 11. The Claimant provided Owner with a written Amended Notice of Claim of Mechanic's Lien on December 10, 2007, by certified mail. A true and correct copy of Claimant's December 10, 2007 Amended Notice of Claim of Mechanic's Lien is attached hereto as Exhibit "C". 12. All conditions precedent for the assertion of this mechanics lien have occurred and/or have been performed. WHEREFORE, Claimant claims to have a lien upon the premises herein described in the amount of $49,012.39 plus interest at the rate of 6% per annum and costs. Respectfully submitted, REAGER & ADLER, P.C. Date: January 15, 2008 J?Zn H. Pietrzak, EsAire Attorney I.D. No. 79538 Thomas O. Williams, Esquire Attorney I.D. No. 67987 2331 Market Street Camp Hill, PA 17011-4642 (717) 763-1383 Attorneys for Claimant 3 VERIFICATION I, John H. Pietrzak, Esquire, being duly sworn according to law, depose and state that I am the attorney for Claimant Taylor Turf Installation, Inc., d/b/a TTI Sports, and I make this verification on its behalf; and that said Claimant is unavailable and unable to make this verification on its own behalf within the time allotted for filing of this pleading and the facts set forth in the foregoing pleading are true and correct to the best of counsel's knowledge, information and belief. This verification is made pursuant to Pa. R.C.P. 1024 and is based on interviews, conferences, reports, records and other investigatory material in the file. REAGER & ADLER, P.C. Date: January 15, 2008 By: rIN H. PIETRZAK, E IRE b , t ?- ?- x ?. r AIA Document A401TM -1997 Standard Form of Agreement Between Contractor and Subcontractor AGREEMENT made as of the Second day of July in the year Two Thousand Seven (In words, indicate day, month and year) ADDITIONS AND DELETIONS: BETWEEN the Contractor: The author of this document has (Name, address and other inf)rmation) added information needed for its completion. The author may also Sports Construction Group, L.L.C. have revised the text of the original 1406 West Sixth St. Suite 200 AIA standard form. An Additions and , Cleveland, Ohio 44113 Deletions Report that notes added Telephone Number: 216-241-9900 information as well as revisions to Fax Number: 216-241-9911 the standard form text is available from the author and should be and the Subcontractor: reviewed. A vertical line in the left (Name, address and other information) margin of this document indicates where the author has added necessary information and where TTI Sports the author has added to or deleted 17790 Chesterfield Airport Rd. from the original AIA text. Chesterfield, MO 63005 This document has important legal consequences. Consultation with an The Contractor has made a contract for construction dat d attorney is encouraged with respect e : to its completion or modification. With the Owner: This document has been approved (Name, address and other information) and endorsed by the American Subcontractors Association and the Messiah College Associated Speciality Contractors, One College Ave Inc. Grantham, PA 17027 For the following Project: (Include detailed description ofproject, location and address) Anderson Field at Messiah College One College Ave Grantham, PA 17027 which Contract is hereinafter referred to as the Prime Contract and which provides for the furnishing of labor, materials, equipment and services in connection with the construction of the Project. A copy of the Prime Contract, consisting of the Agreement Between Owner and Contractor (from which compensation amounts may be deleted) and the other Contract Documents enumerated therein has been made available to the Subcontractor. The Architect for the Project is: (Name, address and other information) Herbert, Rowland & Grubic, Inc, Professional Corporation 116 Baltimore Street Gettysburg, PA 17325 Init. AIA Document A401TM -1997. Copyright ® 1915, 1925, 1937, 1951, 1958, 1961, 1963, 1968, 1967, 1972, 1978, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA' Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the / maximum extent possible under the law. This document was produced by AIA software at 11:17:56 on 07/06/2007 under Order No. 10003055641 which expires on 6/5/2008, and is not for resale. _ User Notes: (95904526) Telephone Number: 717-337-9684 Fax Number: 717-337-9394 The Contractor and the Subcontractor agree as follows. Init. AIA Document A401 TM - 1997. Copyright ® 1915, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1972, 1978, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA° Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA° Document, or any portion of It, may result In severe civil and criminal penalties, and will be prosecuted to the 2 / maximum extent possible under the law. This document was produced by ALA software at 11:17:56 on 07/06/2007 under Order No. 10003055641 which expires on 6/5/2008, and is not for resale. _ User Notes: (95904526) ARTICLE 1 THE SUBCONTRACT DOCUMENTS § 1.1 The Subcontract Documents consist of (1) this Agreement; n (3) Modifications issued subsequent to the execution of the Agreement between the Owner and Contractor, whether before or after the execution of this Agreement; (4) other documents listed in Article 16 of this Agreement; and (5) Modifications to this Subcontract issued after execution of this Agreement. These form the Subcontract, and are as fully a part of the Subcontract as if attached to this Agreement or repeated herein. The Subcontract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. An enumeration of the Subcontract Documents, other than Modifications issued subsequent to the execution of this Agreement, appears in Article 16. § 1.2 Except to the extent of a conflict with a specific term or condition contained in the Subcontract Documents, the General Conditions governing-this Subcontract shall be the edition of AIA Document A201, General Conditions of the Contract for Construction, current as of the date of this Agreement. Subcontractor represents and agrees that it has carefully examined and understands this Agreement and any other Subcontract Documents, has investigated the nature, locality, and site of the Work and the conditions and difficulties under which it is to be performed, and that it enters into this Agreement on the basis of its own examinations, investigations and evaluation of all such matters and not in reliance upon any opinions or representations of the Contractor, or the Owner, or any of their respective officers, agents, or employees. § 1.3 The Subcontract may be amended or modified only by a Modification. The Subcontract Documents shall not be construed to create a contractual relationship of any kind (1) between the Architect and the Subcontractor, (2) between the Owner and the Subcontractor, or (3) between any persons or entities other than the Contractor and Subcontractor. § 1.4 The Subcontractor shall be furnished copies of the Subcontract Documents upon request, but the Contractor may charge the Subcontractor for the reasonable cost of reproduction. ARTICLE 2 MUTUAL RIGHTS AND RESPONSIBILITIES § 2.1 The Contractor and Subcontractor shall be mutually bound by the terms of this Agreement and, to the extent that the provisions of the edition of AIA Document A201 current as of the date of this Agreement apply to this Agreement pursuant to Section 1.2 and provisions of the Prime Contract apply to the Work of the Subcontractor, the Contractor shall assume toward the Subcontractor all obligations and responsibilities that the Owner, under such documents, assumes toward the Contractor, and the Subcontractor shall assume toward the Contractor all obligations and responsibilities which the Contractor, under such documents, assumes toward the Owner and the Architect. The Contractor shall have the benefit of all rights, remedies and redress against the Subcontractor which the Owner, under such documents, has against the Contractor, and the Subcontractor shall have the benefit of all rights, remedies and redress against the Contractor which the Contractor, under such documents, has against the Owner, insofar as applicable to this Subcontract. Where a provision of such documents is inconsistent with a provision of this Agreement, this Agreement shall govern. § 2.2 The Contractor may require the Subcontractor to enter into agreements with Sub-subcontractors performing portions of the Work of this Subcontract by which the Subcontractor and the Sub-subcontractor are mutually bound, to the extent of the Work to be performed by the Sub-subcontractor, assuming toward each other all obligations and responsibilities which the Contractor and Subcontractor assume toward each other and having the benefit of all rights, remedies and redress each against the other which the Contractor and Subcontractor have by virtue of the provisions of this Agreement. ARTICLE 3 CONTRACTOR § 3.1 SERVICES PROVIDED BY THE CONTRACTOR § 3.1.1 The Contractor shall cooperate with the Subcontractor in scheduling and performing the Contractor's Work to avoid conflicts or interference in the Subcontractor's Work and shall expedite written responses to submittals made by the Subcontractor in accordance with Section 4.1 and Article 5. As soon as practicable after execution of this Agreement, the Contractor shall provide the Subcontractor copies of the Contractor's construction schedule and schedule of submittals, together with such additional scheduling details as will enable the Subcontractor to plan and perform the Subcontractor's Work properly. The Subcontractor shall be notified promptly of subsequent changes in the construction and submittal schedules and additional scheduling details. Init. - -umen[ A- L;opyrignt ® 1915, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1972, 1978, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIO Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIO Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the / maximum extent possible under the law. This document was produced by AIA software at 11:17:56 on 07/0612007 under Order No.1000305564 1 which expires on 6/5/2008, and is not for resale. - User Notes: (95904526) § 3.1.2 The Contractor shall provide suitable areas for storage of the Subcontractor's materials and equipment during the course of the Work. Additional costs to the Subcontractor resulting from relocation of such facilities at the direction of the Contractor, except as previously agreed upon, shall be reimbursed by the Contractor. § 3.1.3 Except as provided in Article 14, the Contractor's equipment will be available to the Subcontractor only at the Contractor's discretion and on mutually satisfactory terms. § 3.2 COMMUNICATIONS § 3.2.1 The Contractor shall promptly make available to the Subcontractor information, including information received from the Owner, which affects this Subcontract and which becomes available to the Contractor subsequent to execution of this Subcontract. § 3.2.2 The Contractor shall not give instructions or orders directly to the Subcontractor's employees or to the Subcontractor's Sub-subcontractors or material suppliers unless such persons are designated as authorized representatives of the Subcontractor. § 3.2.3 The Contractor shall permit the Subcontractor to request directly from the Architect information regarding the percentages of completion and the amount certified on account of Work done by the Subcontractor. § 3.2.4 If hazardous substances of a type of which an employer is required by law to notify its employees are being used on the site by the Contractor, a subcontractor or anyone directly or indirectly employed by them (other than the Subcontractor), the Contractor shall, prior to harmful exposure of the Subcontractor's employees to such substance, give written notice of the chemical composition thereof to the Subcontractor in sufficient detail and time to permit the Subcontractor's compliance with such laws. § 3.2.5 The Contractor shall furnish to the Subcontractor within 30 days after receipt of a written request, or earlier if so required by law, information necessary and relevant for the Subcontractor to evaluate, give notice of or enforce mechanic's lien rights. Such information shall include a correct statement of the record legal title to the property, usually referred to as the site, on which the Project is located and the Owner's interest therein. § 3.2.6 If the Contractor asserts or defends a claim against the Owner which relates to the Work of the Subcontractor, the Contractor shall make available to the Subcontractor information relating to that portion of the claim which -relates to the Work of the Subcontractor. § 3.3 CLAIMS BY THE CONTRACTOR (Paragraphs deleted) § 3.3.2 The Contractor's claims for services or materials provided the Subcontractor shall require: .1 seven days' prior written notice except in an emergency; .2 written compilations to the Subcontractor of services and materials provided and charges for such services and materials no later than the fifteenth day of the following month. § 3.4 CONTRACTOR'S REMEDIES § 3.4.1 If the Subcontractor defaults or neglects to cant' out the Work in accordance with this Agreement and fails iw DQR fter receipt of written notice from the Contractor to commence and continue correction F_wt0?' of such default or neglect with diligence and promptness, the Contractor may, after t fee days Nt o , and without prejudice to any other remedy the Contractor may CN have, make good such deficiencies and may deduct the reasonable cost thereof from the payments then or thereafter due the Subcontractor. ARTICLE4 SUBCONTRACTOR § 4.1 EXECUTION AND PROGRESS OF THE WORK § 4.1.1 The Subcontractor shall supervise and direct the Subcontractor's Work, and shall cooperate with the Contractor in scheduling and performing the Subcontractor's Work to avoid conflict, delay in or interference with the Work of the Contractor, other subcontractors or Owner's own forces. Init. - -1.11-RAW I - ' %mr. vopyngnt g 1915, 19x25, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1972, 1978, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized 4 reproduction or distribution of this AIA" Document, or any portion of it, may result In severe civil and criminal penalties, and will be prosecuted to the / maximum extent possible under the law. This document was produced by AIA software at 11:17:56 on 07/06/2007 under Order No.1000305564 1 which expires on 6/5/2008, and is not for resale. - User Notes: (95904526) (Paragraphs deleted) § 4.1.4 The Subcontractor shall furnish to the Contractor periodic progress reports on the Work of this Subcontract as mutually agreed, including information on the status of materials and equipment which may be in the course of preparation, manufacture or transit. § 4.1.5 The Subcontractor agrees that the Contractor and the Architect will each have the authority to reject Work of the Subcontractor which does not conform to the Prime Contract. The Architect's decisions on matters relating to aesthetic effect shall be final and binding on the Subcontractor if consistent with the intent expressed in the Prime Contract. § 4.1.6 The Subcontractor shall pay for all materials, equipment and labor used in connection with the performance of this Subcontract through the period covered by previous payments received from the Contractor, and shall furnish satisfactory evidence, when requested by the Contractor, to verify compliance with the above requirements. § 4.1.6 The Subcontractor shall cooperate with the Contractor, other subcontractors and the Owner's own forces whose Work might interfere with the Subcontractor's Work, ontractor s a conflicts betwee I-LAI suJrnnrrartnre nr rho nPr'c 1Wn xcc&r- ' § 4.2 LAWS, PERMITS, FEES AND NOTICES § 4.2.1 The Subcontractor shall give notices and comply with laws, ordinances, rules, regulations and orders of public authorities bearing on performance of the Work of this Subcontract. The Subcontractor shall secure and pay for permits and governmental fees, licenses and inspections necessary for proper execution and completion of the Subcontractor's Work, the furnishing of which is required of the Contractor by the Prime Contract. § 4.2.2 The Subcontractor shall comply with Federal, state and local tax laws, social security acts, unemployment compensation acts and workers' compensation acts insofar as applicable to the performance of this Subcontract. § 4.3 SAFETY PRECAUTIONS AND PROCEDURES § 4.3.1 The Subcontractor shall take reasonable safety precautions with respect to performance of this Subcontract, shall comply with safety measures initiated by the Contractor and with applicable laws, ordinances, rules, regulations and orders of public authorities for the safety of persons and property in accordance with the requirements of the Prime Contract. The Subcontractor shall report to the Contractor within three days an injury to an employee or agent of the Subcontractor which occurred at the site. § 4.3.2 If hazardous substances of a type of which an employer is required by law to notify its employees are being used on the site by the Subcontractor, the Subcontractor's Sub-subcontractors or anyone directly or indirectly employed by them, the Subcontractor shall, prior to harmful exposure of any employees on the site to such substance, give written notice of the chemical composition thereof to the- Contractor in sufficient detail and time to permit compliance with such laws by the Contractor, other subcontractors and other employers on the site. § 4.3.3 If reasonable precautions will be inadequate to prevent foreseeable bodily injury or death to persons resulting from a material or substance, including but not limited to asbestos or polychlorinated biphenyl (PCB), encountered on the site by the Subcontractor, the Subcontractor shall, upon recognizing the condition, immediately stop Work in the affected area and report the condition to the Contractor in writing. When the material or substance has been rendered harmless, the Subcontractor's Work in the affected area shall resume upon written agreement of the Contractor and Subcontractor. The Subcontract Time shall be extended appropriately and the Subcontract Sum shall be increased in the amount of the Subcontractor's reasonable additional costs of demobilization, delay and remobilization, which adjustments shall be accomplished as provided in Article 5 of this Agreement. § 4.3.4 To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the Subcontractor, the Subcontractor's Sub-subcontractors, and agents and employees of any of them from and against claims, damages, losses and expenses, including but not limited to attorneys' fees, arising out of or resulting from Init. AIA Document A401 TM -1997. Copyright ® 1915, 1925, 1937, 1951, 1958. 1961, 1963, 1966, 1967, 1972, 1978, 1987 and 1997 by The American institute of Architects. All rights reserved. WARNING: This AIA° Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA° Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the / maximum extent possible under the law. This document was produced by AIA software at 11:17:56 on 07/06/2007 under Order No. 10003055641 which expires on 615/2008, and is not for resale. _ User Notes: (95904526) 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 Section 4.3.3 and has not been rendered harmless, provided that such claim, damage, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself) including loss of use resulting therefrom and provided that such damage, loss or expense is not due to the sole negligence of a party seeking indemnity. § 4.4 CLEANING UP § 4.4.1 The Subcontractor shall keep the premises and surrounding area free from accumulation of waste materials or rubbish caused by operations performed under this Subcontract. The Subcontractor shall not be held responsible for unclean conditions caused by other contractors or subcontractors. § 4.4.2 As provided under Section 3.3.2, if the Subcontractor fails to clean up as provided in the Subcontract Documents, the Contractor may charge the Subcontractor for the Subcontractor's appropriate share of cleanup costs. § 4.5 WARRANTY § 4.5.1 The Subcontractor warrants to the Owner, Architect and Contractor that materials and equipment furnished under this Subcontract will be of good quality and new unless otherwise required or permitted by the Subcontract Documents, that the Work of this Subcontract will be free from defects not inherent in the quality required or permitted, and that the Work will conform to the requirements of the Subcontract Documents. Work not conforming to these requirements, including substitutions not properly approved and authorized, may be considered defective. The Subcontractor's warranty excludes remedy for damage or defect caused by abuse, modifications not executed by the Subcontractor, improper or insufficient maintenance, improper operation, or normal wear and tear under normal usage. This warranty shall be in addition to and not in limitation of any other warranty or remedy required by law or by the Subcontract Documents. § 4.6 INDEMNIFICATION § 4.6.1 To the fullest extent permitted by law, the Subcontractor shall indemnify and hold harmless the Owner, Contractor, Architect, Architect's consultants, and agents and employees of any of them from and against claims, damages, losses and expenses, including but not limited to attorney's fees, arising out of or resulting from performance of the Subcontractor's Work under this Subcontract, provided that any such claim, damage, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself), but only to the extent caused by the negligent acts or omissions of the Subcontractor, the Subcontractor's Sub-subcontractors, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, regardless of whether or not such claim, damage, loss or expense is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or otherwise reduce other rights or obligations of indemnity which would otherwise exist as to a party or person described in this Section 4.6. § 4.6.2 In claims against any person or entity indemnified under this Section 4.6 by an employee of the Subcontractor, the Subcontractor's Sub-subcontractors, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, the indemnification obligation under Section 4.6.1 shall not be limited by a limitation on the amount or type of damages, compensation or benefits payable by or for the Subcontractor or the Subcontractor's Sub-subcontractors under workers' compensation acts, disability benefit acts or other employee benefit acts. § 4.7 REMEDIES FOR NONPAYMENT § 4.7.1 If the Contractor does not pay the Subcontractor through no fault of the Subcontractor within ten days from the time payment should be made as provided in the Agreement, the Subcontractor may, without prejudice to other available remedies, upon to the Contractor, stop the Work of the Subcontract until 'trc_ E payment of the amount owing has been received. The Subcontract Sum shall be appropriated adjustment, be in creased by the amount of the Subcontractor's reasonable cost of shutdown, delay and start-up, pmvlded i7owever, that t! Owner-of-ch I r G y fit!! s at ure to ave l} } Init. AIA Document A401 TM -1997. Copyright m 1915, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1972, 1978, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA`' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIO Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the / maximum extent possible under the law. This document was produced by AIA software at 11:17:56 on 07/0612007 under Order No. 1000305564t which expires an 615/2008, and is not for resale. User Notes: (95904526) ARTICLE 5 CHANGES IN THE WORK § 5.1 The Owner may make changes in the Work by issuing Modifications to the Prime Contract. Upon receipt of such a Modification issued subsequent to the execution of the Subcontract Agreement, the Contractor shall promptly notify the Subcontractor of the Modification. Unless otherwise directed by the Contractor, the Subcontractor shall not thereafter order materials or perform Work which would be inconsistent with the changes made by the Modifications to the Prime Contract. § 5.2 The Subcontractor may be ordered in writing by the Contractor, without invalidating this Subcontract, to make changes in the Work within the general scope of this Subcontract consisting of additions, deletions or other revisions, including those required by Modifications to the Prime Contract issued subsequent to the execution of this Agreement, the Subcontract Sum and the Subcontract Time being adjusted accordingly. The Subcontractor, prior to the commencement of such changed or revised Work, shall submit promptly to the Contractor written copies of a claim for adjustment to the Subcontract Sum and Subcontract Time for such revised Work in a manner consistent with requirements of the Subcontract Documents. (Paragraphs deleted) ARTICLE 6 MEDIATION AND ARBITRATION § 6.1 MEDIATION § 6.1.1 Any claim arising out of or related to this Subcontract, except claims as otherwise provided in Section 4.1.5 and except those waived in this Subcontract, shall be subject to mediation as a condition precedent to arbitration or the institution.: of legal or equitable proceedings by either party. § 6.1.2 The parties shall endeavor to resolve their claims by mediation which, unless the parties mutually agree otherwise, shall be in accordance with the Construction Industry Mediation Rules of the American Arbitration Association currently in effect. Request for mediation shall be filed in writing with the other party to this Subcontract and the American Arbitration Association. The request may be made concurrently with the filing of a demand for arbitration but, in such event, mediation shall proceed in advance of arbitration or legal or equitable proceedings, which shall be stayed pending mediation for a period of 60 days from the date of filing, unless stayed for a longer period by agreement of the parties or court order. § 6.1.3 The parties shall share the mediator's fee and any filing fees equally. The mediation shall be held in the place .where the Project is located, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. § 6.2 ARBITRATION § 6.2.1 Any claim arising out of or related to this Subcontract, except claims as otherwise provided in Section 4.1.5 and except those waived in this Subcontract, shall be subject to arbitration. Prior to arbitration, the parties shall endeavor to resolve disputes by mediation in accordance with the provisions of Section 6.1. § 6.2.2 Claims not resolved by mediation shall be decided by arbitration which, unless the parties mutually agree otherwise, shall be in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association currently in effect. Demand for arbitration shall be filed in writing with the other party to this Subcontract and with the American Arbitration Association, and a copy shall be filed with the Architect. § 6.1.3 1 -E and in other cases within a reasonable time after the claim has arisen, and in no event shall it 6L--)d be made after the date when institution of legal cr equitable proceedings based on such claim would be barred by the I applicable statute of limitations. § 6.2.4 Limitation on Consolidation or Joinder. Except by written consent of the person or entity sought to be joined, no arbitration arising out of or relating to the Subcontract shall include, by consolidation or joinder or in any other manner, any person or entity not a party to the Subcontract under which such arbitration arises, unless it is shown at the time the demand for arbitration is filed that (1) such person or entity is substantially involved in a common question of fact or law, (2) the presence of such person or entity is required if complete relief is to be accorded in the arbitration, (3) the interest or responsibility of such person or entity in the matter is not insubstantial, and (4) such person or entity is not the Architect, the Architect's employee, the Architect's consultant, or an employee or agent of Init. AIA Document A401 TM -1997. Copyright © 1915, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1972, 1978, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA'' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA• Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the 7 / maximum extent possible under the law. This document was produced by AIA software at 11:17:56 on 0710612007 under Order No. 10003055641 which expires on 6/5/2008, and is not for resale. _ User Notes: (95904526) any of them. This agreement to arbitrate and any other written agreement to arbitrate with an additional person or persons referred to herein shall be specifically enforceable under applicable law in any court having jurisdiction thereof. § 6.2.5 Claims and Timely Assertion of Claims. The party filing a notice of demand for arbitration must assert in the demand all claims then known to that party on which arbitration is permitted to be demanded. § 6.2.6 Judgment on Final Award. The award rendered by the arbitrator or arbitrators shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. ARTICLE 7 TERMINATION, SUSPENSION OR ASSIGNMENT OF THE SUBCONTRACT § 7.1 TERMINATION BY THE SUBCONTRACTOR § 7.1.1 The Subcontractor may terminate the Subcontract for the same reasons and under the same circumstances and procedures with respect to the Contractor as the Contractor may terminate with respect to the Owner under the Prime Contract, or for nonpayment of amounts due under this Subcontract for 60 days or longer. In the event of such termination by the Subcontractor for any reason which is not the fault of the Subcontractor, Sub-subcontractors or their agents or employees or other persons performing portions of the Work under contract with the Subcontractor, the Subcontractor shall be entitled to recover from the Contractor payment for Work executed and for proven loss with respect to materials, equipment, tools, and construction equipment and machinery, including reasonable overhead, profit and damages. § 7.2 TERMINATION BY THE CONTRACTOR § 7.2.1 If the Subcontractor persistently or repeatedly fails or neglects to carry out the Work in accordance with the Subcontract Documents or otherwise to perform in accordance with this Subcontract and fails within t terreceipt of written. notice to commence and continue correction of such default or neglect with diligence d - h? ????? promptness, the Contractor may, ollowin receipt b the Subcontractor of an additional written cu* notice and without prejudice to any other remedy the Contractor may have, terminate the Subcontract and finish the T61v1 Subcontractor's Work by whatever method the Contractor may deem expedient. If the unpaid balance of the Subcontract Sum exceeds the expense of finishing the Subcontractor's Work and other damages incurred by the Contractor and not expressly waived, such excess shall be paid to the Subcontractor. If such expense and damages exceed such unpaid balance, the Subcontractor shall pay the difference to the Contractor. -§ 7.2.2 If the Owner terminates the Contract for the Owner's convenience, the Contractor shall deliver written notice to the Subcontractor. § 7.2.3 Upon receipt of written notice of termination, the Subcontractor shall: .1 cease operations as directed by the Contractor in the notice; .2 take actions necessary, or that the Contractor may direct, for the protection and preservation of the Work; and .3 except for Work directed to be performed prior to the effective date of termination stated in the notice, terminate all existing Sub-subcontracts and purchase orders and enter into no further Sub- subcontracts and purchase orders. § 7.2.4 In case of such termination for the Owner's convenience, the Subcontractor shall be entitled to receive payment for Work executed, and costs incurred by reason of such termination, along with reasonable overhead and profit on the Work not executed. § 7.3 SUSPENSION BY THE CONTRACTOR FOR CONVENIENCE § 7.3.1 The Contractor may, without cause, order the Subcontractor in writing to suspend, delay or interrupt the Work of this Subcontract in whole or in part for such period of time as the Contractor may determine. In the event of suspension ordered by the Contractor, the Subcontractor shall be entitled to an equitable adjustment of the Subcontract Time and Subcontract Sum. § 7.3.2 An adjustment shall be made for increases in the Subcontract Time and Subcontract Sum, including profit on the increased cost of performance, caused by suspension, delay or interruption. No adjustment shall be made to the extent: Init. AIA Document A4011-1997. Copyright ® 1915, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1972, 1978, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA" Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the 8 / maximum extent possible under the law. This document was produced by AIA software at 11:17:56 on 07/06/2007 under Order No. t000305564 1 which expires on 61512008, and is not for resale. User Notes: (95904526) .1 that performance is, was or would have been so suspended, delayed or interrupted by another cause for which the Subcontractor is responsible; .2 that an equitable adjustment is made or denied under another provision of this Subcontract. § 7.4 ASSIGNMENT OF THE SUBCONTRACT § 7.4.1 In the event of termination of the Prime Contract by the Owner, the Contractor may assign this Subcontract to the Owner, with the Owner's agreement, subject to the provisions of the Prime Contract and to the prior rights of the surety, if any, obligated under bonds relating to the Prime Contract. In such event, the Owner shall assume the Contractor's rights and obligations under the Subcontract Documents. If the Work of the Prime Contract has been suspended for more than 30 days, the Subcontractor's compensation shall be equitably adjusted. § 7.4.2 The Subcontractor shall not assign the work of the Subcontract, not subcontract the whole of the subcontract not assign or subcontract any portions thereof or any right to payment or other subcontract right, without the written consent of the Contractor. In the event the Subcontractor seeks to further subcontract portions of the work of this Subcontract, the Subcontractor shall furnish written notification to the Contractor in advance of such subcontracting. ARTICLE 8 THE WORK OF THIS SUBCONTRACT § 8.1 The Subcontractor shall execute the following portion of the Work described in the Subcontract Documents, including all labor, materials, equipment, services and other items required to complete such portion of the Work, except to the extent specifically indicated in the Subcontract Documents to be the responsibility of others. (Insert a precise description of the Work of this Subcontract, referring where appropriate to numbers of Drawings, sections of Specifications and pages of Addenda, Modifications and accepted Alternates.) TTI Sports shall supply all labor, equipment and tools necessary to satisfactorily install AstroGrass P synthetic turf loose laid over a 26 mm E-Layer (by others) on the playing field including all inlays as noted on sheet S-1 attached, and TigerTurf Elite synthetic turf 100% glued to the asphalt track surface and infilled with silica sand, as provided by others, per the project specifications. ARTICLE 9 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION § 9.1 The Subcontractor's date of commencement is the date from which the Contract Time of Section 9.3 is measured; it shall be the date of this Agreement, as first written above, unless a different date is stated below or provision is made for the date to be fixed in a notice to proceed issued by the Contractor. (Insert the date of commencement, if it differs from the date of this Agreement or, if applicable, state that the date will be fixed in a notice to proceed.) The commencement date will be fixed in a notice to proceed. Anticipated start date of July 27th. § 9.2 Unless the date of commencement is established by a notice to proceed issued by the Contractor, or the Contractor has commenced visible Work at the site under the Prime Contract, the Subcontractor shall notify the Contractor in writing not less than five days before commencing the Subcontractor's Work to permit the timely filing of mortgages, mechanic's liens and other security interests. swl SZ' c1' § 9.3 The Work of this Subcontract shall be substantially completed not later than je:5 &A-e5 FRD ???ssr2t? ?9@?- d?1 (Insert the calendar date or number of calendar days after the Subcontractor's date of commencement. Also insert any requirements for earlier Substantial Completion of certain portions of the Subcontractor's Work, if not stated elsewhere in the Subcontract Documents.) Portion of Work Substantial Completion date subject to adjustments of this Subcontract Time as provided in the Subcontract Documents. (Insert provisions, if any, for liquidated damages relating to failure to complete on time.) Init. AIA Document A401 ^r -1997. Copyright © 1915, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1972, 1978, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA'' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the 9 / maximum extent possible under the law. This document was produced by AIA software at 11;17:56 on 07/0612007 under Order No. 10003055641 which expires on 6/5/2008, and is not for resale. User Notes: (95904526) § 9.4 With respect to the obligations of both the Contractor and the Subcontractor, time is of the essence of this Subcontract. § 9.5 No extension of time will be valid without the Contractor's written consent after claim made by the Subcontractor in accordance with Section 5.3. ARTICLE 10 SUBCONTRACT SUM § 10.1 The Contractor shall pay the Subcontractor in current funds for performance of the Subc Subcontract Sum of Eighty-two Thousand One Hundred Sixty-four Dollars and Zero Cent ($ $82,164.00 ), ubject to additions and deductions as provided in the Subcontract Documents. § 10.2 The Subcontract Sum is based upon the following alternates, if any, which are described in the Subcontract Documents and have been accepted by the Owner and the Contractor: (Insert the numbers or other identification of accepted alternates.) § 10.3 Unit prices, if any, are as follows: Description Units Price ($ 0.00) Synthetic turf installation based on 100,200 sf $0.82 sf total 11 PROGRESS PAYMENTS it 11.1 B pon applications for payment submitted to the Contractor by the Subco or, corresponding to applications fo ment submitted by the Contractor to the Architect, and ce ates for payment issued by the Architect, the Con._ shall make progress payments on account o ubcontract Sum to the Subcontractor as provided below and elsew ' the Subcontract Documents. ess the Contractor provides the Owner with a payment bond in the full penal sum a Contract Su yments received by the Contractor and Subcontractor for WT- Work properly performed by their contracto ppliers shall be held by the Contractor and Subcontractor for those contractors or suppliers who perfo 0rk shed materials, or both, under contract with the Contractor or Subcontractor for w payment was made to actor by the Owner or to the Subcontractor by the Contractor, as applicab othing contained herein shall require money aced in a separate account and not commingled oney of the Contractor or Subcontractor, shall create any fiduct ility or tort liability on the a Contractor or Subcontractor for breach of trust or shall entitle any person or end an award of itive damages against the Contractor or Subcontractor for breach of the requirements of this provision. Payments shall be made according to the previously agreed upon payment schedule of TTI. Paragraphs deleted) § UBSTANTIAL COMPLETION § 11.9.1 Wf?trt ubcontra ctor's Work or a designated portion thereof is substantially complete n accordance with the requirements a Prime Contract, the Contractor shall, upon application by th contractor, make prompt application for payme such Work. Within 30 days following issu the Architect of the certificate for payment covering such substanti leted Work, the Contr all, to the full extent allowed in the Prime Contract, make payment to the Subcontrac uc ' y portion of the funds for the Subcontractor's Work withheld in accordance with the certificate t er co items to be completed or corrected by the Subcontractor. Such payment to the Subco for shall be the entire ' balance of the Subcontract Sum if a full release of retainage is allowed under rime Contract for the Subcontractor rk prior to the completion of the entire Project. If the Prime Co ct does not allow for a full release of retainage, then s a ment shall bean amount which, when to previous payments to the Subcontractor, will reduce the retainage e Subcontractor's stantially completed Work to the same percentage of retainage as that on the Contra 's Work 'Mvered by the certificate. Init. AIA Document A40111 - 1997. Copyright ® 1915, 1925, 1937, 1951, 1958. 1961, 1963, 1966, 1967, 1972, 1978, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA° Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 10 reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the / maximum extent possible under the law. This document was produced by AIA software at 11:17:56 on 07/06/2007 under Order No. 10003055641 which expires on 6/5/2008, and is not for resale. User Notes: - (95904526) ARTICLE 12 FINAL PAYMENT § al payment, constituting the entire unpaid balance of the Subcontract Sum be made by the Contractor to the Subco r when the Subcontractor's Work is fully performed in acc nce with the requirements of the Subcontract Documen Architect has issued a certificate for payP covering the Subcontractor's completed Work and the Contractor has rec ' ayment from the Owner. cause which is not the fault of the Subcontractor, a certificate for payment 1s ued or t ntracs not receive timely payment or does not pay the Subcontractor within three working days it of payment from the Owner, final payment to the Subcontractor shall be made upon deman (Insert provisions for earlier final tent to the Subcontractor, if applicable.) Final payment to Contrac the Owner shall be a condition precedent to the right of the ntractor to final payment from the actor, unless failure of the Contractor to receive payment is solely the fault e Contractor. ' al payment of the Subcontract shall be made within thirty days of receipt of same by the ctor from WnPT § 12.2 Before issuance of the final payment, the Subcontractor, if required, shall submit evidence satisfactory to the Contractor that all payrolls, bills for materials and equipment, and all known indebtedness connected with the Subcontractor's Work have been satisfied. Acceptance of final payment by the Subcontractor shall constitute a waiver of any and all claims by the Subcontractor against the Contractor and the Owner. Subcontractor shall provide an executed lien waiver and certified payroll documents, if applicable, before each and every payment, including final payments. ARTICLE 1.3 INSURANCE AND BONDS § 13.1 The Subcontractor shall purchase and maintain insurance of the following types of coverage and limits of liability: Type of insurance Limits of liability ($ 0.00) -Prior to beginning work, Subcontractor shall furnish a Certificate of Insurance, which give evidence that the Subcontractor carries Worker's Compensation Insurance on his employees. Employer's Liability Insurance, Liability Insurance on his equipment, vehicles and tools, and General Liability on his Firm: each policy with a $500,000.00 combined single limit per occurance. The Certificate of Insurance shall specify the name of the project subcontracted. § 13.2 Coverages, whether written on an occurrence or claims-made basis, shall be maintained without interruption from date of commencement of the Subcontractor's Work until date of final payment and termination of any coverage required to be maintained after final payment to the Subcontractor. § 13.3 Certificates of insurance acceptable to the Contractor shall be filed with the Contractor prior to commencement of the Subcontractor's Work. These certificates and the insurance policies required by this Article 13 shall contain a provision that coverages afforded under the policies will not be canceled or allowed to expire until at least 30 days' prior written notice has been given to the Contractor. If any of the foregoing insurance coverages are required to remain in force after final payment and are reasonably available, an additional certificate evidencing continuation of such coverage shall be submitted with the final application for payment as required in Article 12. If any information concerning reduction of coverage is not furnished by the insurer, it shall be furnished by the Subcontractor with reasonable promptness according to the Subcontractor's information and belief. § 13.4 The Contractor shall furnish to the Subcontractor satisfactory evidence of insurance required of the Contractor under the Prime Contract. § 13.5 The Contractor shall promptly, upon request of the Subcontractor, furnish a copy or permit a copy to be made of any bond covering payment of obligations arising under the Subcontract. § 13.6 Performance Bond and Payment Bond: Init. AIA Document A401 TM -1997. Copyright © 1915, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1972, 1978, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA* Document is protected by U.S. Copyright Law and International Treaties, Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result In severe civil and criminal penalties, and will be prosecuted to the 1 / maximum extent possible under the law. This document was produced by AIA software at 11:17:56 on 07/06/2007 under Order No. 10003055641 which expires on 6/5/2008, and is not for resale. User Notes: (95904526) (If the Subcontractor is to furnish bonds, insert the specific requirements here.) Bond type Bond amount ($ 0.00) Bond delivery date Bond form 13.6.1 Any insurance policy obtained by the Subcontractor to fulfill the insurance requirements of the Subcontract shall name the Contractor as an Additonal Insured and provide that such insurance shall be deemed primary insurance to any similar insurance the Contractor may obtain for is own benefit, which shall be excess or secondary, but not contributing insurance. 13.6.2 The issuance or maintaining of insurance of any type by the Subcontractor or Contractor will not be deemed or construed to release, limit, waiver, or discharge the subcontractor from any and all obligations and risks imposed by the Subcontract on the Subcontractor. Neither shall any forbearance nor omission by the Contractor to require proof of insurance from the Subcontractor be deemed a waiver of the Contractor's rights or the Subcontractor's obligations regarding the provision of insurance under this Subcontract. § 13.7 PROPERTY INSURANCE § 13.7.1 When requested in writing, the Contractor shall provide the Subcontractor with copies of the property and equipment policies in effect for the Project. The Contractor shall notify the Subcontractor if the required property insurance policies are not in effect. § 13.7.2 If the required property insurance is not in effect for the full value of the Subcontractor's Work, then the Subcontractor shall purchase insurance for the value of the Subcontractor's Work, and the Subcontractor shall be reimbursed for the cost of the insurance by an adjustment in the Subcontract Sum. § 13.7.3 Property insurance for the Subcontractor's materials and equipment required for the Subcontractor's Work, stored off site or in transit and not covered by the Project property insurance, shall be paid for through the application for payment process. § 13.8 WAIVERS OF SUBROGATION § 13.8.1 The Contractor and Subcontractor waive all rights against (1) each other and any of their subcontractors, sub-subcontractors, agents and employees, each of the other, and (2) the Owner, the Architect, the Architect's consultants, separate contractors, and any of their subcontractors, sub-subcontractors, agents and employees for damages caused by fire or other causes of loss to the extent covered by property insurance provided under the Prime Contract or other property insurance applicable to the Work, except such rights as they may have to proceeds of such insurance held by the Owner as a fiduciary. The Subcontractor shall require of the Subcontractor's Sub- subcontractors, agents and employees, by appropriate agreements, written where legally required for validity, similar waivers in favor of the parties enumerated herein. The policies shall provide such waivers of subrogation by endorsement or otherwise. A waiver of subrogation shall be effective as to a person or entity even though that person or entity would otherwise have a duty of indemnification, contractual or otherwise, did not pay the insurance premium directly or indirectly, and whether or not the person or entity had an insurable interest in the property damaged. ARTICLE 14 TEMPORARY FACILITIES AND WORKING CONDITIONS § 14.1 The Contractor shall furnish and make available to the Subcontractor the following temporary facilities, equipment and services, these shall be furnished at no cost to the Subcontractor unless otherwise indicated below: Temporary Facility, Equipment or Service Cost, if any ($ 0.00) § 14.2 Specific working conditions: (Insert any applicable arrangements concerning working conditions and labor matters for the Project.) 1. Subcontractor shall perform his work in such a manner as to demonstrate that he is an Equal Opportunity Employer. 2. Subcontractor shall be solely responsible for the safety of his employees and the security of his employees, equipment, supplies, and materials while he is working at the site. 3. Subcontract shall maintain a neat and orderly work site. Init. AIA Document A401 ^+ - 1997. Copyright ® 1915, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1972, 1978, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA'' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the 12 / maximum extent possible under the law. This document was produced by AIA software at 11:17:56 on 07/06/2007 under Order No. 1000305564_1 which expires on 615/2008, and is not for resale. User Notes: (95904526) 4. Subcontractor's work shall be subject to inspection by representatives of the Owner and Contractor during reasonable working hours. 5. Subcontractor shall make provisions to satisfy any local labor unions who may have jurisdiction over this project. ARTICLE 15 MISCELLANEOUS PROVISIONS § 15.1 Where reference is made in this Subcontract to a provision of another Subcontract Document, the reference refers to that provision as amended or supplemented by other provisions of the Subcontract Documents. § 15.2 Payments due and unpaid under this Subcontract shall bear interest from the date payment is due at such rate as the parties may agree upon ih writing 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.) NOT APPLICABLE per annum (Usury laws and requirements under the Federal Truth in Lending Act, similar state and local consumer credit laws and other regulations at the Owner's, Contractor's and Subcontractor's principal places of business, the location of the Project and elsewhere may affect the validity of this provision. Legal advice should be obtained with respect to deletions or modifications, and also regarding requirements such as written disclosures or waivers.) § 15.3 Retainage and any reduction thereto is as follows: § 15.4 The Contractor and Subcontractor waive claims against each other for consequential damages arising out of or relating to this Subcontract, including without limitation, any consequential damages due to either party's termination in accordance with Article 7. 15.5 Subcontractor shall not use their participation in this project for advertising or marketing purposes without written authorization form Sports Construction Group, L.L.C. ARTICLE 16 ENUMERATION OF SUBCONTRACT DOCUMENTS § 16.1 The Subcontract Documents, except for Modifications issued after execution of this Subcontract, are enumerated as follows: § 16.1.1 This executed 1997 edition of the Standard Form of Agreement Between Contractor and Subcontractor, AIA Document A401-1997; § 16.1.2 The Prime Contract, consisting of the Agreement between the Owner and Contractor dated as first entered above and the other Contract Documents enumerated in the Owner-Contractor Agreement; § 16.1.3 The following Modifications to the Prime Contract, if any, issued subsequent to the execution of the Owner- Contractor Agreement but prior to the execution of this Agreement: Modification Date § 16.1,4 Other Documents, if any, forming part of the Subcontract Documents are as follows: (List any additional documents that are intended to form part of the Subcontract Documents. Requests for proposal and the Subcontractor's bid or proposal should be listed here only if intended to be part of the Subcontract Documents.) Email from William Taylor dated 7/2/07 Init. AIA Document A401TM -1997. Copyright © 1915, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1972, 1978, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA" Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the 3 / maximum extent possible under the law. This document was produced by ALA software at 11:17:56 on 07/0612007 under Order No. 10003055641 which expires on 615/2008, and is not for resale. _ User Notes: (95904526) Sheet S-1 Project Specifications Sections 02570 Warning Track Turf & 02535 Synthetic Turf Sheet SI1 Site Layout 16.1.5 This Subcontract and the documents designated herein constitute the entire agreement between the Contractor and the Subcontractor and cannot be amended, modified, or changed, except in writing, executed by the Contractor anti the Subcontractor. Attached is an additional set Technical Specifications which form part of this a>;ree nAik d into as of the day and_ year first written above. ture) SUB?CO CTOR Si U Vice President ??? ?? ?i?J ? and title) (Printe name and title) PR?SI,c'!t }r Init. AIA Document A401 TM - 1997. Copyright ® 1915, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1972, 1978, 1987 and 1997 by The American institute of Architects. All rights reserved. WARNING: This AIA° Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA'' Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the 4 J maximum extent possible under the law. This document was produced by AIA software at 11:17:56 on 07/0612007 under Order No. 10003055641 which expires on 6/512008, and is not for resale. User Notes: - (95904526) ?xh?br-? B COCKRIEL & CHRISTOFFERSON. LLC ATTORNEYS AT LAW 3660 SOUTH GEYER ROAD, SUITE 320 ST. LOUIS, MISSOURI 63127-1223 (314) 821-4200 FAX (314) 821.4264 December 7, 2007 VIA CERTIFIED MAIL RETURN RECEIPT REQUESTED & U.S. MAIL Messiah College c/o Kim S. Phipps, President Office of the President Old Main 207, Box 3000 Messiah College One College Ave. Grantham, PA 17027 Re: Subcontractors Notice of Claim of Mechanic's Lien Project: Anderson Field at Messiah College Contractor: Sports Construction Group, L.L.C. Subcontractor: TTI Sports Amount Owed: $49,012.39 Dear Ms. Phipps: Steven M. Cockriel scockriel@cockhol.com Philip J. Christofferson pchristofferson 0 cockriel.com Michael J. Rolwes mrolwes®cockriel.com Cynthia Rask Executive Legal Assistant crask®cockriel.com Enclosed please find Taylor Turf Installation, LLC d/b/a TTI Sports's ("TTI") Notice of Claim of Mechanic's Lien. TTI holds a claim against your real property and improvements located in the City of Grantham, Pennsylvania, commonly known as Anderson Field at Messiah College, One College Avenue, Grantham, Pennsylvania 17027 (hereinafter the "Property"). TTI's claim is for supplying the labor, equipment and tools necessary to install new synthetic turf on the playing field and warning track at the Property. TTI furnished its work, labor and equipment to the Property at the special instance and request of, and pursuant to a contract with Construction Group, L.L.C. ("SCG"). TTI's claim is for the sum of Forty-Nine Thousand Twelve and 39/100 Dollars ($49,012.39), plus interest. The last date upon which TTI furnished work, labor and tools to the Property was on or about September 15, 2007, on which date the account accrued and became due and payable. December 7, 2007 Page 2 Please take notice that in the event payment is not received within thirty (30) days from the date of service hereof, TTI will proceed to file a mechanic's lien against the Property. This letter also serves as TTI's demand for payment for the sum of $49,012.39, plus accrued interest, on any Payment Bonds posted by SCG on the Project. Please immediately forward a copy of this letter to the Surety with a request that the Surety provide us with a copy of the Payment Bond for the Project. Please advise the Surety to contact the undersigned if it requires any additional information to process this claim. Please call me should you have any questions. Thank you. Very truly yours, COCKRIEL & CHRISTOFFE SO LL By: Michael J. Rolwes Enclosure cc: Sports Construction Group, L.L.C. c/o George Pfeffer, Vice President 1406 West Sixth Street, Ste. 200 Cleveland, Ohio 44113 COCKRIEL & CHRISTOFFERSON, ux SUBCONTRACTOR'S NOTICE OF CLAIM OF MECHANIC'S LIEN TO: Messiah College c/o Kim S. Phipps, President Office of the President Old Main 207, Box 3000 Messiah College One College Ave. Grantham, PA 17027 TAKE NOTICE THAT Taylor Turf Installation, LLC d/b/a TTI Sports ("TTI"), 17770 Chesterfield Airport Road, Chesterfield, Missouri 63005, holds a claim against your real property and improvements located in the City of Grantham, Pennsylvania, commonly known as Anderson Field at Messiah College, One College Avenue, Grantham, Pennsylvania 17027 (hereinafter the "Property") TTI's claim is for supplying the labor, equipment and tools necessary to install new synthetic turf on the playing field and warning track at the Property. TTI furnished its work, labor and equipment to the Property at the special instance and request of, and pursuant to a contract with Sports Construction Group, L.L.C. ("SCG"), 1406 West Sixth Street, Suite 200, Cleveland, Ohio 44113. TTI's claim is for the sum of Forty-Nine Thousand Twelve and 39/100 Dollars ($49,012.39), plus interest. The last date upon which work, labor and tools were furnished by TTI to the Property was on or about September 15, 2007, on which date the account accrued and became due and payable. TAKE FURTHER NOTICE, that unless you pay the same within ten (10) days of the date of service hereof, TTI will file a mechanic's lien against the Property and proceed thereon according to law. TAYLOR TURF INSTALLATION, LLC 4d/b/ ZMTTIRT By: el ging Me mber r STATE OF MISSOURI ) ) SS COUNTY OF ST. LOUIS ) Before me personally appeared Kelly Taylor, who, being of lawful age and duly sworn, acknowledged that he is the Managing Member of Taylor Turf Installation, LLC d/b/a TTI Sports, and who acknowledged that he is authorized to sign this Notice on behalf of Taylor Turf Installation, LLC d/b/a TTI Sports and that the facts set forth in the Notice are true and correct to his best knowledge, information and belief. Subscribed and sworn to before me this day of December, 2007. My Commission Expires: i ; NOTARY '. My moo aoo SEAL December 12, 20M 9??/` Nl Conti IM oai? N06,100007 cc: Sports Construction Group, L.L.C. 1406 West Sixth Street, Ste. 200 Cleveland, Ohio 44113 N Pu lic ?y11 + C- Ex COCKRIEL- & CHRISTOFFERSON LLC ATTORNEYS AT LAW 3660 SOUTH GEYER ROAD. SUITE 320 ST. LOUIS, MISSOURI 63127-1223 (314) 821.4200 FAX (314) 821.4264 December 10, 2007 VIA CERTIFIED MAIL & U.S. MAIL Messiah College c/o Kim S. Phipps, President Office of the President Old Main 207, Box 3000 Messiah College One College Ave. Grantham, PA 17027 Steven M. Cockriel scockriel@cockriel.com Philip J. Christofferson pchristofferson 0 cockriel.com Michael J. Rolwes mrolwes@cockriel.com Cynthia Rask Executive Legal Assistant crask@cockriel.com Re: Subcontractors Amended Notice of Claim of Mechanic's Lien Project: Anderson Field at Messiah College Contractor: Sports Construction Group, L.L.C. Subcontractor: TTI Sports Amount Owed: $49,012.39 Dear Ms. Phipps: Enclosed please find Taylor Turf Installation, Inc. d/b/a TTI Sports's ("TTI") Amended Notice of Claim of Mechanic's Lien. TTI holds a claim against your real property and improvements located in the City of Grantham, Pennsylvania, commonly known as Anderson Field at Messiah College, One College Avenue, Grantham, Pennsylvania 17027 (hereinafter the "Property"). TTI's claim is for supplying the labor, equipment and tools necessary to install new synthetic turf on the playing field and warning track at the Property. TTI furnished its work, labor and equipment to the Property at the special instance and request of, and pursuant to a contract with Construction Group, L.L.C. ("SCG"). TTI's claim is for the sum of Forty-Nine Thousand Twelve and 39/100 Dollars ($49,012.39), plus interest. The last date upon which TTI furnished work, labor and tools to the Property was on or about September 15, 2007, on which date the account accrued and became due and payable. r December 10, 2007 Page 2 Please take notice that in the event payment is not received within thirty (30) days from the date of service hereof, TTI will proceed to file a mechanic's lien against the Property. This letter also serves as TTI's demand for payment for the sum of $49,012.39, plus accrued interest, on any Payment Bonds posted by SCG on the Project. Please immediately forward a copy of this letter to the Surety with a request that the Surety provide us with a copy of the Payment Bond for the Project. Please advise the Surety to contact the undersigned if it requires any additional information to process this claim. Please call me should you have any questions. Thank you. Very truly yours, COCKRIEL & CHRISTO ON, LLC By: Michael J. Rowe Enclosure cc: Sports Construction Group, L.L.C. c/o George Pfeffer, Vice President 1406 West Sixth Street, Ste. 200 Cleveland, Ohio 44113 COCKRIEI. & CHRISTOFFERSON, I.Ix y SUBCONTRACTOR'S AMENDED NOTICE OF CLAIM OF MECHANIC'S LIEN TO: Messiah College c/o Kim S. Phipps, President Office of the President Old Main 207, Box 3000 Messiah College One College Ave. Grantham, PA 17027 TAKE NOTICE THAT Taylor Turf Installation, Inc. d/b/a TTI Sports ("TTI"), 17790 Chesterfield Airport Road, Chesterfield, Missouri 63005, holds a claim against your real property and improvements located in the City of Grantham, Pennsylvania, commonly known as Anderson Field at Messiah College, One College Avenue, Grantham, Pennsylvania 17027 (hereinafter the "Property") TTI's claim is for supplying the labor, equipment and tools necessary to install new synthetic turf on the playing field and warning track at the Property. TTI furnished its work, labor and equipment to the Property at the special instance and request of, and pursuant to a contract with Sports Construction Group, L.L.C. ("SCG"), 1406 West Sixth Street, Suite 200, Cleveland, Ohio 44113. TTI's claim is for the sum of Forty-Nine Thousand Twelve and 39/100 Dollars ($49,012.39), plus interest. The last date upon which work, labor and tools were furnished by TTI to the Property was on or about September 15, 2007, on which date the account accrued and became due and payable. TAKE FURTHER NOTICE, that unless you pay the same within ten (10) days of the date of service hereof, TTI will file a mechanic's lien against the Property and proceed thereon according to law. TAYLOR TURF INSTALLATION, INC. 4Kellylo SPORTS By: r, na ingMember DE7NotarV ARTIN ic S ouri St. Charles County F y Comm. Ems. May 10, 2008 STATE OF MISSOURI ) ) SS COUNTY OF ST. LOUIS ) Before me personally appeared Kelly Taylor, who, being of lawful age and duly sworn, acknowledged that he is the Managing Member of Taylor Turf Installation, Inc. d/b/a TTI Sports, and who acknowledged that he is authorized to sign this Notice on behalf of Taylor Turf Installation, Inc. d/b/a TTI Sports and that the facts set forth in the Notice are true and correct to his best knowledge, information and belief. Subscribed and sworn to before me this -? 0 day of December, 2007. My Commission Expires: c? Not ry Public cc: Sports Construction Group, L.L.C. 1406 West Sixth Street, Ste. 200 Cleveland, Ohio 44113 om Q" Im r- Q' .A 0 C3 O ?N CO r9 u1 C3 O E N 2 ! LL r r cFF O LL n. nyW r\ AN, vV JI,J ? C-n 4% REAGER & ADLER, P.C. By: Thomas O. Williams, Esquire Attorney I.D. No. 67987 Email: Twilliams@ReagerAdlerPGcom By: John H. Pietrzak, Esquire Attorney I.D. No. 79538 Email: Jpietrzak(&ReagerAdlerPC.com 2331 Market Street Camp Hill, PA 17011 Telephone: (717) 763-1383 Facsimile: (717) 730-7366 Attorneys for Taylor Turf Installation, Inc. TAYLOR TURF INSTALLATION, INC., : IN THE COURT OF COMMON PLEAS d/b/a TTI Sports : CUMBERLAND COUNTY, PENNSYLVANIA Claimant, . NO. 08-313 MLD MESSIAH COLLEGE, Mechanic's Lien Owner/Reputed Owner : PRAECIPE TO MARK MECHANIC'S LIEN DISCHARGED AND REMOVED TO THE PROTHONOTARY: Kindly mark the above-captioned Mechanic's Lien action discharged and removed. Respectfully REAGER & Date: February 6, 2008 Thom4s (3. Williams, Esquire Attorney I.D. No. 67987 John H. Pietrzak, Esquire Attorney I.D. No. 79538 2331 Market Street Camp Hill, PA 17011-4642 (717) 763-1383 Attorneys for Claimant ti CERTIFICATE OF SERVICE AND NOW, this 6th day of February, 2008, I hereby verify that I have caused a true and correct copy of the foregoing Praecipe to Mark Mechanic's Lien Discharged and Removed to be placed in the U.S. Mail, postage prepaid, and addressed as follows: Michael J. Rolwes, Esquire Cockriel & Christofferson, LLC 3660 South Geyer Road, Suite 320 St. Louis, MO 63127 Mr. Kelly Taylor Taylor Turf Installation, inc. 17790 Chesterfield Airport Road Chesterfield, MO 63005 Messiah College 1 College Avenue Grantham, PA 17027 THO S O. WILLIAMS, ESQUIRE ?P g Sv ? e rT"' FTf SHERIFF'S RETURN - REGULAR CASE NO: 2008-00313 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND TAYLOR TURF INSTALLATION INC VS MESSIAH COLLEGE RONALD HOOVER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within MECHANICS LIEN CLAIM was served upon MESSIAH COLLEGE the OWNER , at 1420:00 HOURS, on the 16th day of January , 2008 at ONE COLLEGE AVENUE GRANTHAM, PA 19027 by handing to LISA SNYDER, ASST TO VP ADULT IN CHARGE a true and attested copy of MECHANICS LIEN CLAIM together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge //;z C ? So Answers: 18.00 10.56 , 00 10.00 R. Thomas Kline .00 38.-56 01/17/2008 REAGER & ADLER Sworn and Subscibed to before me this of By -? -/2 9- ? day Deputy Sheriff A.D.