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HomeMy WebLinkAbout09-3799 A Megan C. Huff, Esquire, I.D. No. 84391 NESTICO, DRUBY & HILDABRAND, LLP 840 East Chocolate Avenue Hershey, PA 17033 (717) 533-5406 (717) 533-5717 fax Mhuff@HersheyPaLaw.com IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA LORNE G. SEIFERT, LLC, successor to NO. 64 - 3799 WD LORENE G. SEIFERT, INC. Claimant, -vs- SUTLIFF ENTERPRISES, INC. Owner. MECHANICS' LIEN CLAIM Claimant Lorne G. Seifert, LLC, successor to Lorne G. Seifert, Inc., through the undersigned counsel, files this claim against the improvements and property designated as 6462 Carlisle Pike, Mechanicsburg, Cumberland County, Pennsylvania 17055, for the payment of a debt due to Claimant as a subcontractor for labor and materials furnished by Claimant in the erection, construction, alteration, or repair of an improvement. In support of the claim, the Claimant avers as follows: 1. The Claimant is Lorne G. Seifert, LLC, a Pennsylvania limited liability company, whose registered office is 6259 Reynolds Mill Road, Seven Valleys, York County, Pennsylvania 17360. 2. Lorne G. Seifert, LLC is the successor to Lorne G. Seifert, Inc. 1 14 3. The Owner of the property is Sutliff Enterprises, Inc., a Pennsylvania corporation, whose registered address is 1P & Paxton Streets, Harrisburg, Dauphin County, Pennsylvania 17104. 4. The improvement and the property which are subject to this claim is designated as 6462 Carlisle Pike, Mechanicsburg, Cumberland County, Pennsylvania 17055 (the "Property"). 5. The labor and materials for which the debt is due were furnished by Claimant for the agreed sum of $65,482.00 pursuant to a written contract, dated September 9, 2008, with Mass Construction Group, Inc. (the "Contractor"), who contracted directly with the Owner. A true and correct copy of the written contract between Claimant and the Contractor is attached hereto as "Exhibit A" and incorporated by reference. 6. Claimant and the Contractor, who contracted directly with the Owner, executed a Change Order on October 6, 2008, for an additional agreed sum of $478.00. A true and correct copy of the written change order between Claimant and the Contractor is attached hereto as "Exhibit B" and incorporated by reference. 7. The labor and materials for which the debt is due consisted of the concrete work for the Sutliff Cadillac - Addition project, as set forth in Attachment "A" of the September 9, 2008 contract between Claimant and Contractor and the October 6, 2008 Change Order. See "Exhibit A" and "Exhibit B". 8. Claimant has been paid the sum of $9,879.30 toward the debt due for the stated labor and materials, and the sum of $56,080.07 for which claim is hereby made. 2 , 9. The last day on which Claimant furnished the labor and materials at the Property was December 11, 2008, which is less than six (6) months before the filing of this claim. 10. Written formal notice of Claimant's intention to file this claim was served on the Owner by certified mail, postage prepaid, return receipt requested on May 9, 2009, more than thirty (30) days before the date of the filing of this claim. A true and correct copy of formal notice is attached hereto as "Exhibit C" and incorporated by reference. Respectfully Submitted, NESTICO, DRUB" HILDA)3RAND, L.L.P. Date: (j -1 CPI By: Mekdn C. Huff?F uix`e, I.D. No. 84391 840 E. Chocolate Avenue Hershey, PA 17033 (717) 533-5406 Telephone (717) 533-5717 Fax Mhuff@HersheyPaLaw.com Attorneys for Claimant 3 IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA LORNE G. SEIFERT, LLC, successor to NO. LORENE G. SEIFERT, INC. Claimant, -vs- SUTLIFF ENTERPRISES, INC. Owner. : VERIFICATION I verify that the statements made in the foregoing MECHANICS' LIEN CLAIM are true and correct to the best of my knowledge, information and belief. This Verification is made only as to the factual averments contained therein, and not to legal conclusions and averments authorized by counsel in their capacity as attorneys for the party or parties hereto. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unworn falsification to authorities. LORNE G. SEIFERT, LLC success or LORNE G. SEIFERT, INC. Dater By: elinda S. Betz Secretary and Treasurer t 4 #rAIA ,kP ?a.1UU? Document A401 TM -1997 Standard Form of Agreement Between Contractor and Subcontractor AGREEMENT made as of the Ninth day of September in Eight (In words, indicate day, month and year) the year Two Thousand and BETWEEN the Contractor. (Name, address and other information) Mass Construction Group, Inc., Subchapter S Corporation 681 Knight Road Harrisburg, PA 17111 Tclephone Number. 717-652-2230 Fax Number: 717-652-8449 and the Subcontractor; (Name, address and other information) Lorne G. Seifert, Inc. 65 Corbett Road Dillsburg, PA 17019 Telephone Number: 717432-5020 Fax Number. 717-432-8937 ( The Contractor has made a contract for construction dated May 22, 2008 With the Owner. (Name, address and other information) r -501tliff Enterprlses: 802 South 16th Street ") a 4t Harrisburg, PA 17104 ?.-- _. For the following Project: (Include detailed description of Project, location and address) Sutliff Cadillac -- Addition 6462 Carlisle Pike Mechanicsburg, PA 17055 which Contract is furnishing of hereinafter referred to as the Prime Contract and which provides for the 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 Contract ocumentse umeh fed tplterein ltas bemots May en made available be deleted) and the other to the Subcontractor. The Architect for the Project is: (Nance, address and other information) N/A I The Contractor and the Subcontractor agree as follows. ARTICLE 1 THE SUBCONTRACT DOCUMENTS trait. IA Document A401 TM -1997. copvrianr . ADDITIONS AND DELEMNS: The author of this document has added Information needed for its comptedon. The author may also have revised the text of the original AIA standard font. An A"jans and DW01ions Reptat that notes added information as weft as revisions to the standard form text is available from the author and should be reviewed. A verticat line In the Wit margin of this document indicates where the author has added necessary information and where the author has added to or deleted from the original AIA text, This dorxtment has Important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. This document has been approved and endorsed by the American sNa - .l A r4clom Associatlan and if le Inc. Associated Speciality Contractors, W" protected y 1963,i 6, 1967, 1972, 1978, 1997 are 1 repro Non ordistribuHon of j is AIA DocIs AIAt, or 811Y Isl ? maximum axtenl Y Portion of it, ma Y g' copyright l aw and 11 1 Treaties AmadCyt on 12/ possible under the law. This document was produced by AIA safhvarie at t 6 53 &2008, and is not for resale. penaI ties,and wla be proses User Notes: ar. ,D9 toni09 t/ pa under Order No. f000a332an %o" .. 1 1.1 The Subcontract Documents consist of (1) this Agreement; (2) the Prime Contract, consisting of the Agreement between the Owner and Contractor and the other Contract Documents enumerated therein; (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 ororal. An enumeration of the Subcontract Documents, other than Modification& issued subsequent to the execution of this Agreement, appears in Article 16. 11.2 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 1997 edition of AIA Document A201, General Conditions of the Contract for Construction. Unless the context clearly indicates otherwise, all references to the "Owner" in the AIA Document 201, 1997 edition, shall be deemed for purposes of this Agreement to be references to the "Contractor" herein, and all references to the "Contractor" in the ALA Document 201, 1997 edition shall be deemed for purposes of this Agreement to be references to the "Subcontractor" herein. 11.2.1 In case of a conflict between terms enumerated in the documents identified in Section 1.1 and 1.2, as a general rule, the terms of this Agreement shall control, and the more specific or stringent provisions of this Agreement shall take precedence over more general or less stringent provisions contained elsewhere in any other contract document. In the event of a perceived conflict or ambiguity in any contract term or requirement, the Subcontractor, prior to beginning work, shall consult with the project Architect in order for the Architect to provide an interpretation of any contract provision as provided for under Article 4 of the 1997 edition of the AIA 201. § 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 Contracier and,Subcnntmct9r shall be mutually bound by the tertrs of this Agreement anti, 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 Contracts, 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 govem. § 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 cach 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 tite Subcontractor copies of the Contractor's construction schedule and Init. _ wcwnnrn AW t •° -1yy r. tJOpyr19nl Ott 1915, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1957, 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 Treades. 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 tile ! maximum extent possible under the law. This document was produced by AIA software at 16:53:09 on 0911012008 under Order No.1000333286 3 which expires on 12/612008, and is not for resale. User Notes: (402065044$) s„ A 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. § 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. § 31.3 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. 1 3.2.3 The Contractor shall permit the Subcontractor to request directly from the Architect information regarding bite percentages of completion and the amount certified on account of Work done by the Subcontractor. 1 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. § 3.15 The Subcontractor hereby expressly waives, releases and relinquishes any and all rights to maintain, or to have filed or maintained, any mechanic's lien or claim against the aforesaid Project, or any part thereof, or any building or buildings thereon, for or on account of any work, labor, and materials performed or furnished under this Agreement by or through the Subcontractor, including any additional or extra work, and agrees that no such lien or claim shall be so filed or maintained ley nr through the Subcontractor, or by any pergun clanning a, lien for any work"pertbrdidd or materials furnished through the Subcontractor for any work to be performed hereunder. The Subcontractor further agrees to save the Contractor harmless from any costs, losses or other damages, including any damages incurred to enforce the terms of this agreement, from any lien or claim for hens against the aforesaid project or any part thereof, by the Subcontractor, or any persons providing any labor or materials to the Project through the Subcontractor. In addition to any other remedies provided for at law or equity, in the event any such lien(s) is filed against the Pmject, the Contractor shall be entitled to deduct from any amounts due the Subcontractor hereunder an amount sufficient to indemnify the Contractor for any such costs, losses, or damages to be indemnified hereunder. § 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 Wort of the Subcontractor. § 3.3 CLAIMS BY THE CONTRACTOR § 3.3.1 Liquidated damages for delay, if provided for in Section 9.3 of this Agreement, shall be assessed against the Subcontractor only to the extent caused by the Subcontractor or any person or entity for whose acts the Subcontractor may be liable, and in no case for delays or causes arising outside the scope of this Subcontract § 3.3.2 The Contractor's claims for services or materials provided the Subcontractor shall require: i .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. (nit. AIA Document A401 TM -1947. Copyright O 1915, 1925, 1937, 1951, 1958, 1961, 1963, 1968, 1967, 1972, 1978, 1987 and 1997 by The Amencan Institute of Architects. All rights reserved WARNING: This AIAe Document is protected by U.S. Copyright Law and Intematloml Treaties. Unauthorized reproduction or distribution of this AIA" Document, or any portion of It, may result In severe civil and criminal penalty, and will be prosecuted to the 3 ! maximum extent possible under the law. This document was produced by AIA software at 15:53:09 on 0 911 0/20 0 8 under Order No.1000333288_3 which expires on 12!6200!1, and is not for resale. User Notes: (4020650446) 1 § 3.4 CONTRACTOR'S REMEDIES § 14.1 If the Subcontractor defaults or neglects to carry out the Work in accordance with this Agreement and fails within three working days after receipt of written notice from the Contractor to commence and continue correction of such default or neglect with diligence and promptness, the Contractor may, after three days following receipt by the Subcontractor of an additional written notice, and without prejudice to any other remedy the Contractor may have, make good such deficiencies and may deduct the reasonable cost thereof from the payments then or thereafter due the Subcontractor. ARTICLE 4 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. The Subcontractor shall familiarize itself with the Contractor's schedule for the work. Within 7 days of receiving award of a subcontract from the Contractor, the Subcontractor shall submit to the Contractor its proposed schedule for performing its work for approval by the Contractor. Approval of the Subcontractor's schedule shall not be unreasonably withheld by the Contractor. The Subcontractor's proposed schedule shall, among other things, demonstrate: a. how its work shall be performed and completed within the overall schedule of the Contractor; b. the time required to prepare and approve shop drawings; c. time required to fabricate and deliver materials and equipment; d. the time required to install the work; e. on a weekly basis, the number of employees, supervisors, crews and other sub-subcontractors who will perform the work The Subcontractor shall also within 7 days of receiving award of a subcontract famish to the Contractor a list of all major materials and equipment required for its work, including expected delivery dates to the Project site. 14.11 The Subcontractor shall promptly submit Shop Drawings, Product Daut, Samples and similar submittals required by the Subcontract Documents with reasonable promptness and in such sequence as to cause no delay in the Work or in the activities of the Contractor or other subcontractvas. All such submittals must be ;ubtnittedia enough time by the Subcontractor to allow review by the Contractor and for possible revisions and resubmission for approval within the approved contract schedule. The Subcontractor shall not be relieved of its obligation to perform its work in accord with the Subcontract Documents as a result of any submittal approvals by the Contractor or Architect, nor shall the Contractor or Architect incur any liability for deviations, errors, or similar mistakes from or to the Subcontract Documents by virtue of any such approvals. The only permitted changes to the work shall be those changes approved by an appropriate change order issued under these Subcontract Documents. § 4.1.3 The Subcontractor shall submit to the Contractor a schedule of values allocated to the various parts of the Work of this Subcontract, aggregating the Subcontract Sum, made out in such detail as the Contractor and Subcontractor may agree upon or as required by the Owner or as otherwise provided for in the Subcontract Documents, and supported by such evidence as the Contractor may require. In applying for payment, the Subcontractor shall submit statements based upon this schedule. § 4.1.4 The Subcontractor shall furnish to the Contractor periodic updates to its approved schedule and progress reports on the Work of this Subcontract no less than weekly, or as mutually agreed upon between the parties, 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. Intl mA "acumen" A401- -1997. Copyright® 1915, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1987, 1972, 1878, 1987 and 1897 by The American Institute of Architects. An rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AtAe 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 16:53:09 on 09/10/2008 under Order No. 1000333286_3 which expires on 12/6120D8, and is not for resale. User Notes: (4020850446) v § 41.6 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. § 4.1.7 The Subcontractor shall take necessary precautions to protect properly the Work of other subcontractors from damage caused by operations under this Subcontract. § 4.1.8 The Subcontractor shall cooperate with the Contractor, other subcontractors and the Owner's own forces whose Work might interfere with the Subcontractor's Work, The Subcontractor shall participate in the preparation of coordinated drawings in areas of congestion, if required by the Prime Contract, specifically noting and advising the Contractor of potential conflicts between the Work of the Subcontractor and that of the Contractor, other subcontractors or the Owner's own forces. 14.11.9 The Subcontractor shall not erect any advertisement or signage of any type on the Project site without the written consent of the Contractor, which consent shall be within the sole discretion of the Contractor. § 4.2 LAWS, PERMITS, FEES AND NOTICES § 42.1 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. 1 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, and shall comply with safety measures initiated by the Contractor and with any applicable Federal, State and local safety laws, ordinances, rules, regulations and other 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 orpolychlorinated 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 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. 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. AN rights reserved. WARNING: This AIA Document to 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 5 / maximum extent possible under the law. This document was produced by AIA software at 16:53:09 on 09/10/2008 under Order No. 10003332M3 which expires an 12/6/2008, and Is not for resale. User Notes: (4020650448) § 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, fines, penalties, and/or 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. § 4.62 In claims against any person or entity indemnified under this Section 4.6 by an employee of the Subcontractor, this Subaonhames Sub-snbc:uutradam anyone directly or ittifirdetly employed by lliem or anyone foc 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 seven days from the time payment should be made as provided in this Agreement, the Subcontractor may, without prejudice to any other available remedies, upon seven additional days' written notice to the Contractor, stop the Work of this Subcontract until payment of the amount owing has been received. The Subcontract Sum shall, by appropriate adjustment, be increased by the amount of the Subcontractors reasonable costs of demobilization, delay and remobilization. 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. 152 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 Init. - vusumem Aaul -1997. hys7. t:opyngttt ®1915, 1925, 1937, 1951, 1958, 1961, 1963, 1965, 1967, 1972, 1978, 1987 and 1997 by The American Institule 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 B / maximum extent possible under the law. This document was produced by AIA software at 16:53:09 on 09/t 012008 under Order No.1000333288 3 which expires on 12/6/2008, and is not for resale. User Notes: (4020850448) adjustment to the Subcontract Sum and Subcontract Time for such revised Work in a manner consistent with requirements of the Subcontract Documents. § 5.3 The Subcontractor shall make all claims promptly to the Contractor for additional cost, extensions of time and damages for delays or other causes in accordance with the Subcontract Documents. A claim which will affect or become part of a claim which the Contractor is required to make under the Prime Contract within a specified time period or in a specified manner shall be made in sufficient time to permit the Contractor to satisfy the requirements of the Prime Contract. Such claims shall be received by the Contractor not less than two working days preceding the time by which the Contractor's claim must be made. Failure of the Subcontractor to make such a timely claim shall bind the Subcontractor to the same consequences. as those to which the Contractor is bound. ARTICLE 6 MEDIATION (Paragraph deleted) § 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 at the sole discretion of the Contractor as a condition precedent to the institution of legal or equitable proceedings by either party. § 0.12 If elected by the Contractor, the parties shall endeavor to resolve their claims by mediation which, unless the parties mutually agree otherwise, shall not be filed with the American Arbitration Association, but shall be conducted in accordance with the Construction Industry Mediation Rules of the American Arbitration Association currently in effect. § 6.1.3 If mediation is chosen by the Contractor, the parties shall agree on the selection of a mediator. The parties shall share the mediator's fee and any associated costs 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. In the event the parties cannot agree on a mediator within a reasonable time, then either party shall have the right to proceed to pursue their claims as otherwise provided for at law or equity. 16.1.4 In the event claims cannot be resolved through mediation, then any claim filed must be litigated in the Court of Common Pleas of Dauphin County, Pennsylvania, or in the United States District Court for the Middle District of Pennsy1 win±a_ § 6.2 ARBITRATION § 61.1 There shall be no right to arbitration under these Subcontract Documents. (Paragraphs deleted) ARTICLE 7 TERMINATION, SUSPENSION OR ASSIGNMENT OF THE SUBCONTRACT § 7.1 TERMINATION BY THE SUBCONTRACTOR § T.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 § T.2.1 If the Subcontractor persistently or repeatedly faits 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 seven days after receipt of written notice to commence and continue correction of such default or neglect with diligence and promptness, the Contractor may, after seven days following receipt by the Subcontractor of an additional written notice and without prejudice to any other remedy the Contractor may have, terminate the Subcontract and finish the 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 Intr. AIA Document A401 TM -1997. Copyright C 1915, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1972, 1978. 1987 and 1997 by The American Inatitule of Architects. All rights reserved. WARNING: This AIAe Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIAe 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 16:53:09 on 09/1012008 under Order No.1000333288 3 which expires on 12/612008, and is not for resale. User Notes: (4020650446) 14 ; ti 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. § 72.2 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. 1 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: .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 termnation of the Primo Cuiiiraui 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 this Subcontract without the written consent of the Contractor, nor subcontract the whole of this Subcontract without the written consent of the Contractor, nor further subcontract portions of this Subcontract without written notification to the Contractor when such notification is requested by the Contractor. 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.) Concrete as Referenced in the Subcontractors Scope of Work 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. Init AIA Document A401 T -1997. Copyright ® 1915. 1937, 1951. 1958, 1981.1963.1966, 1967, 1972.1978.1987 and 1997 by The American Institute at Architects. All rights reserved. WARNING: This AtA* Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIAs Document, or any portion of it, may result in severe civil and criminal penallies, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 18:53:09 on 09/1012008 under DrdwNo.1000333288 3 which expires on 1211112008, and is not for resale. User Notes: (4020650446) (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.) September 18, 2008 1 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. § 93 The Work of this Subcontract shall be substantially completed no later than 69 days (Insert the calendar date or number of calendardays after the Subcontractor's date of corlune/rcernent. Also insert any requirementsfor earlier Substantial Completion of certain portions of the Subcontractor's Won(, if not stated elsewhere in the Subcontract Documents.) Portion of Work Concrete Substantial Completion date November 26, 2008 subject to adjustments of this Subcontract Time as provided in the Subcontract Documents. (Insert pro visions, if any, for liquidated damages relating to failure to complete on time.) N/A § 9.4 With respect to the obligations of both the Contractor and the Subcontractor, time is of the essence of this Subconttacl § 9.S 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 § 111 I The Contractor shall pay the Subcontractor in current funds for performance of the Subcontract the Subcontract Slim of Sixty -Five Thousand Four Hundred Eighty-Two and 00/100 ($65,482.00), subject to additions and deductinns as Provided in the Subconft= Dccumcnl. § 10.2 The Subcontract Sum is based upon the following alternates, if any, which are described in the Subcontract Documents and have been accepted by the Owner and the Contractor. (Insert the numbers or other identification of accepted alternates.) N/A 110.3 Unit prices, if any, are as follows: I Description N/A Units Price ($ 0.00) ARTICLE 11 PROGRESS PAYMENTS § 11.1 Based upon applications for payment submitted to the Contractor by the Subcontractor, corresponding to applications for payment submitted by the Contractor to the Architect, and certificates for payment issued by the Architect, the Contractor shall make progress payments on account of the Subcontract Sum to the Subcontractor as provided below and elsewhere in the Subcontract Documents. Unless the Contractor provides the Owner with a payment bond in the full penal sum of the Contract Sum, payments received by the Contractor and Subcontractor for Work properly performed by their contractors and suppliers shall be held by the Contractor and Subcontractor for those contractors or suppliers who performed Work or furnished materials, or both, under contract with the Contractor or Subcontractor for which payment was made to the Contractor by the Owner or to the Subcontractor by the Contractor, as applicable. Nothing contained herein shall require money to be placed in a separate account and not commingled with money of the Contractor or Subcontractor, shall create any fiduciary liability or tort liability on the Init. AIA Document MrllTM -1997. Copyrighta isis, 1925, 1937, 1951. 1956, 1961, 1963, 1966, 1967, 1972, 1978, 1967 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA° Document Is protected by U.S. Copyright Law and International Trestles. Unauthorized reproduction or distribution of this AIAa 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 soltware at 16:27:2D on 49112/2006 under Order No.1000333288_3 which expires on 12Amo8, and is not for resale. User Notes: (2650472594) N part of the Contractor or Subcontractor for breach of trust or shall entitle any person or entity to an award of punitive damages against the Contractor or Subcontractor for breach of the requirements of this provision. §11.1.1 The Subcontractor further represents and warrants that upon submittal of an application for payment to the Contractor that all work for which applications for payment have been previously submitted and payments received shall be free and clear of liens, claims, security interests or encumbrances in favor of the Subcontractor, material suppliers, or other persons or entities making a claim by reason of having provided labor, materials and equipment relating to the work. The Subcontractor further shall provide to the Contractor such partial lien releases, in a form to be provided by the Contractor, with each application for payment for any persons providing any labor or materials to the Project through the Subcontractor for which payment is sought under an application for payment. 111.2 The period coveted by each application for payment shall be one calendar month ending on the last day of the month, or as follows: Due in Contractor's office no later than the 25* day of each month, Attachment C - Vendor's Request for Payment and Attachment D - Cost Breakdown/Schedule of Values and Attachment E - Partial Waiver of Lien are to be completed and submitted as Application for Payment § 113 Provided an application for payment is received by the Contractor not later than the 25th day of a month, the Contractor shall include the Subcontractor's Work covered by that application in the next application for payment which the Contractor is entitled to submit to the Architect. The Contractor shall pay the Subcontractor each progress payment within three working days after the Contractor receives payment from the Owner. § 11.4 If an application for payment is received by the Contractor after the application date fixed above, the Subcontractor's Work covered by it shall be included by the Contractor in the next application for payment submitted to the Architect. § 11.5 Each application for payment shall be based upon the most recent schedule of values submitted by the Subcontractor in accordance with the Subcontract Documents. The schedule of values shall allocate the entire Subcontract Sum among the various portions of the Subcontractor's Work and be prepared in such form and supported by such data to substantiate its accuracy as the Contractor may require. This schedule, unless objected to by the Contractor, shall he Heel! as a bmsis for re-viewing the Subcontractor's applications fur puynlent. § 11.6 Applications for payment submitted by the Subcontractor shall indicate the percentage of completion of each portion of the Subcontractor's Work as of the end of the period covered by the application for payment. § 11.7 Subject to the provisions of the Subcontract Documents, the amount of each progress payment shall be computed as follows: § 11.7.1 Take that portion of the Subcontract Sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Subcontractor's Work by the share of the total Subcontract Sum allocated to that portion of the Subcontractor's Work in the schedule of values, less that percentage actually retained, if any, from payments to the Contractor on account of the Work of the Subcontractor. Pending final determination of cost to the Contractor of changes in the Work which have been properly authorized by the Contractor, amounts not in dispute shall be included to the same extent provided in the Prime Contract, even though the Subcontract Sum has not yet been adjusted; § 11.7.2 Add that portion of die Subcontract Sum properly allocable to materials and equipment delivered and suitably stored at the site by the Subcontractor for subsequent incorporation in the Subcontractor's Work or, if approved by the Contractor, suitably stored off the site at a location agreed upon in writing, less the same percentage reiainage required by the Prime Contract to be applied to such materials and equipment in the Contractor's application for payment; § 11.7.3 Subtract the aggregate of previous payments made by the Contractor; and Init. AIA Document A401--1997. Copyright ®1915, 1925, 1937, 1951, 1956, 1961, 1963, 1966, t 967, 1972, 1978, 1987 and 1997 by The American Inslitute of Architects. AN rights reserved. WARNING: This AM" Document Is protected by U.S. Copyright Law and International Treats. Unauthorized reproduction or distribution of this AIAe Document, or any portion of It, may result In severe civil and criminal penaltles, and will be prosecuted to the 10 maximum extent possible under the low. This document was produced by AIA software at 16:53:09 on 09110/2006 under Order No.1000333266_3 which expires an 1202008, and is not for resale. User Notes: 14020650446) § 11.7.4 Subtract amounts, if any, calculated under Section 11.7.1 or 11.7.2 which are related to Work of the Subcontractor for which the Architect has withheld or nullified, in whole or in part, a certificate of payment for a cause which is the fault of the Subcontractor. § 11.8 Upon the partial or entire disapproval by the Contractor of the Subcontractor's application for payment, the Contractor shall provide written notice to the Subcontractor. When the basis for the disapproval has been remedied, the Subcontractor shall be paid the amounts withheld. § 11.9 SUBSTANTIAL COMPLETION § 11.9.1 When the Subcontractor's Work or a designated portion thereof is substantially complete and in accordance with the requirements of the Prime Contract, the Contractor shall, upon application by the Subcontractor, make prompt application for payment for such Work. Within 30 days following issuance by the Architect of the certificate for payment covering such substantially completed Work, the Contractor shall, to the full extent allowed in the Prime Contract, make payment to the Subcontractor, deducting any portion of the funds for the Subcontractor's Work withheld in accordance with the certificate to cover costs of items to be completed or corrected by the Subcontractor. Such payment to the Subcontractor shall be the entire unpaid balance of the Subcontract Sum if a full release of tetainage is allowed under the Prime Contract for the Subcontractor's Work prior to the completion of the entire Project. If the Prime Coaftact does not allow for a full release of retainage, then such payment shall be an amount which, when added to previous payments to the Subcontractor, will reduce the retainage on the Subcontractor's substantially completed Work to the same percentage of retainage as that on the Contractor's Work covered by the certificate. ARTICLE 12 FINAL PAYMENT § 112.1 Final payment, constituting the entire unpaid balance of the Subcontract Sum, shall be made by the Contractor to the Subcontractor when the Subcontractor's Work is fully performed in accordance with the requirements of the Subcontract Documents, the Architect has issued a certificate for payment covering the Subcontractor's completed Work and the Contractor has received payment from the Owner. If, for any cause which is not the fault of the Subcontractor, a certificate for payment is not issued or the Contractor does not receive timely payment or does not pay the Subcontractor within three working days after receipt of payment from the Owner, final payment to the Subcontractor shall be made within a reasonable time to the Subcontractor. (Insert provisions for earlier final payment to the Subcontractor, if applicable.) Attachment F - Final Release of Ljen, fully executed, to be subttutit'd to Contractor at the time of final payment. No Final payments shall be released until applicable O&M manuals, as-built drawings, certificates and inspections are received and approved by Owner. § 12.2 Before issuance of the final payment. the Subcontractor shall submit evidence satisfactory to the Contractor and on a form 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, except for that Work covered by the Subcontractor's final application for payment for which the Subcontractor further represents and warrants will be promptly paid for as provided for under these Subcontract Documents upon receipt of final payment as provided for hereunder. ARTICLE 13 INSURANCE AND BONDS § 13.1 The Subcontractor shall purchase and maintain insurance of the following types of coverage and limits of liability: I Type of Insurance Limits of liability ($ 0.00) See Attachment G - Certificate of Insurance § 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' Init. AIA Document A401 rM _ 1997. Copyright ® 1915, 1925, 1937.1951, 1958, 1961, 1983, 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 sottware at 16:53:09 on 09/10/2008 under Order No. 1000333288L.3 which expires on 12!6/2008, and is not for resale. User Notes: (4020650446) 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. §13.3.1 No payments shall be owing or made to the Subcontractor prior to the receipt and acceptance of a Certificate of Insurance fully compliant with the terms of this Agreement. § 13.4 The Contractor shall furnish to the Subcontractor satisfactory evidence of insurance required of the Contractor [order the Prime Contract. § 115 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: (If the Subcontractor is to furnish bonds, insert the specific requirements here.) l Bond type Bond amount ($ 0.00) Bond delivery date Bond form N/A § 13.7 PROPERTY INSURANCE 113.71 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 die 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 Lmrsit arzd not covered by the Projcci property iaSU Inc, shall be paid forthruugh the application for payment process. § 13.8 WAIVERS OF SUBROGATION § 13.6.1 The Contractor and Subcontractor waive all rights against (1) each other and any of their subcontractors, sub-subcontactors, 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) N/A § 14.2 Specific working conditions: (Insert any applicable arrangcntents concerning working conditions and labor [natters for the Project.) Init AIA uocument A401 n-1997. Copyrighl O 1915. 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1972, 1978, 1987 and 1997 by The American Institute of Architects. A0 rights reserved. WARNING: This AM" Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 12 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 16:53:09 on 09/1012008 under Order No.100o3332B8_3 which expires on 12/6/200B. and is not for resale. User Notes: (4020650446) The Subcontractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs to 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 and loss. ARTICLE 15 MISCELLANEOUS PROVISIONS § 18.1 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. § i5.2 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 in 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.) I.Yz % 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 are as follows: 10% § 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. ARTICLE 16 ENUMERATION OF SUBCONTRACT DOCUMENTS § 16.1 The Subcontract Documents, except for Modifications issued after execution of this Subcontract, are those identified L'nder Swtion 1.1 and i.2 hercuiidct'. (Paragraphs deleted) § 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 fomi pan 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.) Attachment A - Scope of Work Attachment B - Drawing Log Attachment C - Vendor's Request for Payment (form) Attachment D - Breakdown of Costs/Schedule of Values (form) Attachment E - Partial Waiver (form) Attachment F - Final Release (sample form) Attachment G - Insurance Certificate/Requirements (sample form) Exhibit B - Subco ntractor's Vendor/Subcontractor Identification List Init. +vwmern wvui -isyr. copyrignIW 1915, 1925. 1937, 1951. 1958, 1961, 1963, 1966, 1967, 1972, 1975, 1987 and 1997 by The American Institute of Architects. AN rights reserved. WARNING: This AIO Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this Ale Document, or any portion of it, may result In severe civil and criminal penalties, and will be prosecuted to the 13 / maximum extant possible under the law. This document was produced by AIA software at 16:53:09 on 09110/2006 under Order No.1000333288_3 which expires on 1202008, and is not for resale. User Notes: (4020650446) This Agreement entered into as of the day and year first written above. ? L-,(- cz 'A Lj-' - 6 111?? r- . CONTRACTOR (Sign tore) UBCON C OR (Si atiie Michael A. Sola, Vice President c , "}' 1 (Printed name and title) / (Prin d name and title) Of/ z 3??8 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 AIAe Document is protected by U.S. Copyright Law and International Trestles. Unauthorized reproduction or distribution of this AIAe Document, or any portion of it, may result In severe civil and criminal penalties, and will be prosecuted to the 14 maximum extent possible under the law. This document was produced by AIA sollware at 16:53:09 on 09/10/2008 under Order No.1000333286_3 which expires an 121812008, and is not for resale. User Notes: (4020650446) ATTACHMENT "A" SUTLIFF CADILLAC - ADDITION SCOPE OF WORK CONCRETE Unless otherwise noted, all work to be performed shall consist of providing all labor, materials, equipment and supervision required to perform the CONCRETE work for this project in accordance with the Drawings and Specifications and all applicable codes. The majority of the Scope of Work is described below; however, the Subcontractor shall be responsible for all Contract Documents to the extent they apply to this work or require coordination or information from this Subcontractor. This Scope of Work includes, but is not limited to the following: 1. Generally, the work will consist of performing all Concrete work as described on the Drawings and as required to provide a complete and thorough installation in every respect. Subcontractor shall provide own means, tools, equipment and materials necessary to properly perform the work. 2. Work will be performed in accordance with the Construction Schedule; however, not all work can be performed simultaneously or uninterrupted. Portions of the work will be phased to accommodate the operational schedule of the facility. Manpower and materials must be scheduled accordingly. 3. Coordinate work with other trades as applicable to ensure that the removal and/or reinstallation of materials by this Subcontractor or any trade do not occur. 4. Subcontractor will be responsible for protecting adjacent areas while performing the work and for restoration and / or replacement of same, if such damage occurs. 5. Concrete work generally includes equipment, (abr aorl material for the following: Form and pour concrete footing including formwork as needed, reinforcement, keys, water stops and all related accessories or requirements. • Interior Foundation Footing - Walls and Columns: Form footing, furnish and place rebar and concrete, drill dowels into existing building floor 24" on center. Rebar is designated as #4. • Concrete footer to be poured at 4000 PSI as per structural notes S 1.1 "Section Cast - in-Place Reinforced concrete". • Addition Foundation Footing - Form footing, furnish and place rebar and concrete, drill dowels into existing building footer. Rebar is designated as #4, see plans for verification of type and size of rebar. See plan S.1 Typical Exterior Wall Section. • 2" rigid insulation R10 foam board at foundation walls installed by others as indicated on S.1 • Addition slab on grade 6" Slab on Grade - Form slab edges, furnish and place 6 mil vapor barrier, expansion material, 6" x 6" welded wire mesh and concrete. Interior slab apply a trowel finish and apply cure. Install rebar dowels at existing building slab. Dowels shall be installed every 24 inches. Concrete slab shall be sloped as indicated on plans to new trench drain. • Furnish and install %" fiber expansion joint with sealant cap (no sealant) where new service bays abuts perimeter walls or existing slab and where existing slab abuts new interior trench footing. • Pour around Zurn trench drain, furnished and set by others. • After concrete slab is poured and set cut in control joints as indicated on structural plans • Concrete for slab on grade shall be at 4000 PSI • Concrete shall be tested in conformance with IBC structural test as noted under section IBC Structural Tests and Special Inspections. • Six (6) Required bollards - Install 4" steel bollards as indicated on plan. Fill each bollard with concrete as indicated and neatly finish top. 1 of 2 • Pour slabs on mezzanine composite metal deck including reinforcement, expansion joints, construction and control joints, and finishing/curing per Specifications. Include necessary temporary shoring under composite metal deck until concrete is properly set. See Section 2-2 on S-2 for details. • At new metal stairs, infill stair pans with concrete and provide necessary finish for stair treads. • At existing trench drain inf I I as shown on plan. • New Service Bay Aprons - Form edges of aprons not abutting building, furnish and install %2" fiber expansion joint with sealant cap, 6 mil poly vapor barrier, 6x6-8/8 wire mish reinforcing (no supports) furnish, place and finish 4000 psi concrete and apply one coat of curing and sealing compound • Form and dowel construction joints as shown. • Place and finish slab in three pours in lieu of one. • Provide protection from weather as required and include provisions for cold weather concrete placement should such be necessary. 6. Set anchor bolts, leveling plates and bearing plates. 7. Work shall be performed between the hours of 7:00 AM and 6:00 PM, unless otherwise approved by the Job Site Superintendent. 8. Subcontractor will not be responsible for building permits, but will be responsible for any required over the road or related permits and adhering to all applicable Township requirements. 9. Temporary electric service will be available at the job Site office only. Subcontractor will be responsible to provide own means of power (generators, etc.). 10. Subcontractor shall provide any temporary lighting and power required for work, as required, if lighting and power are not available or are temporarily unavailable. 11. Subcontractor shall perform daily clean-up of own general waste, debris and related items. 12. Subcontractor shall perform work in a safe manner and will be responsible for adhering to all safety regulations set forth by OSHA and Mass Construction Group, Inc. 13. Subcontractor shall coordinate scheduling of work with Mass Construction Group, Inc, for the purpose of coordinating the work of other trades and maintaining the uninterrupted operation of the facility. Subcontractor shall provide sufficient manpower and equipment to meet the Schedule and specific dates. In the event the Subcontractor does not meet the dates mutually agreed upon, Subcontractor shall provide additional manpower and equipment, at the Subcontractor's expense, to make up for lost time and maintain the Schedule. 2 of 2 ATTACHMENT "C" VENDOR'S REQUEST FOR PAYMENT NOTE: THIS REQUEST FOR PAYMENT MUST BE RECEIVED IN OUR OFFICE NO LATER THAN THE 25TH OFTHE MONTH. ANY REQUEST NOT RECEIVED BY THE 25TH WILL NOT BE INCLUDED IN OUR CURRENT REQUISITION TO THE OWNER. WHICH WILL DELAY PAYMENT OF YOUR REQUEST FOR A MINIMUM OF SXr`Y (60) DAYS. PAYMENT WILL BE MADE SUBSEQUENT TO OUR RECEIPT OF PAYMENT FROM THE OWNER IN ACCORDANCE WrrH THE TERMS OUTLINED UNDER ARTICLES 11 AND 12 IN THE SUBCONTRACT. MASS Construction Group, Inc. Post Office Box 126337 Harrisburg, PA 17112-6337 TO: Lorne G. Seifert, Inc. 65 Carlisle Road Dillsburg, PA 17019 717-432-5020 Fax: 717-432-8937 Invoice Date Contract No: 02-08-3807-11 Contract Date: 09/09/08 Project No: 02-08-3807 Phase Code-Type: 03-300010-S Commitment No: 2425 PROJECT: Sutliff Enterprises, Inc. Sutliff Cadillac - Addition 6462 Carlisle Pike Mechanicsburg, PA 17055 Invoice Number (NOTE: Attach copy of Your Invoice) App/Draw # Original Contract Amount . . . . . . . . . . . . . . . . . . . $ UA@2.00 Approved Change Orders . . . . . . . . . . . $ Revised Contract Amount (Original Contract Plus Approved khan. a Order Total Complete and Stored to Date (Attachment D-Total of Column G) . . . . $ Less Gross Amount Previously Billed (Attachment D-Total of Column D) . . . . $ Gross Amount Due This Invoice (Attachment D-Total of Columns E + F) . . , . $ Less 10% Retainage This Invoice (10% of Gross Amount Due This Invoice). $ (Note: Total Retainage to Date $ . (Attachment D-Total of Column 1) AMOUNT DUE THIS INVOICE (Gross Amount Due Less 10% Retention) . . . . $ Include Partial Lien & Claim Waiver (Attachment E) using amount due this Invoice. (Do not send a separate invoice for retention as the retention will be entered in our system with this invoice.) SUBCONTRACTOR'S CHECKUST - Invoices wlli not be Processed withplit the foli radna and wiq be m for ARMIStlon: Current Insurance Certificate must be received prior to billing Signed Subcontract must be ATTACHMENT "E" - PARTIAL LIEN AND CLAIM WAIVER Lorne G. Seifert. Inc. , ("Subcontractor") hereby acknowledges receipt of payment in the amount of $ (Use Amount Due This Invoice from Attachment "C") from Mass Construction Group, Incorporated ("Contractor") as the total outstanding amount due, excluding any applicable retainage, for work done and materials supplied to Job # 02-08-3807 Sutliff Cadillac - Addition 6462 Carlisle Pike Mechaniccbure PA 17055 ("Project") for the undersigned's subcontract, dated 09/09/08 with Contractor through (last date of work covered by this partial lien and claim waiver). This Partial Lien and Claim Waiver is furthermore delivered by the Subcontractor conditionally upon the Subcontractor's receipt of payment currently due for work done and materials supplied to said job under said subcontract through (the date stated above), and upon receipt of said payment, this Partial Lien and Claim Waiver shall no longer be conditional, but shall be binding upon the Subcontractor. The Subcontractor states that the current payment is due for work, labor, materials, services and miscellaneous (all of which are hereinafter referred to as "Work Items") supplied to the said Project through the above date and that no additional sum, excluding any applicable retainage, is claimed by the undersigned respecting said Project, except as otherwise specified below (list if any). The Subcontractor states that all persons and firms who supplied Work Items to the Subcontractor in connection with said Project have been fully paid by the Subcontractor for such Work Items through the date of the Subcontractor's prior invoice to Contractor for the Project, and that all such persons and firms shall be paid by Subcontractor for all such Work items completed by them for which payment is received under this Partial Lien and Claim Waiver. In consideration of the payment herewith made, the Subcontractor does fully and finally releaseand hold harmless MASS Construction Group, Inc. and Sutliff Enterprises, Inc., it's affiliates & subsidiaries through the above date, from any and all claims, liens, or right to claim or lien, for the Work Items arising out of the Project under the aforesaid subcontract and any applicable bond law or statute. Lorne G. Seifert Inc 65 Carlisle Road Dillsbure. PA 17019 By: Title: Authorized Representative STATE OF ) ) 5S. COUNTY OF ) Subscribed and sworn to before me this day of 200 . NOTARY PUBLIC My Commission Expires: I ATTACHMENT "B" SUTLIF'F CADILLAC - ADDITION 6462 CARLISLE PIKE MECHANICSBURG, PA 17055 PROJECT NO. 02-08-3807 NO. TITLE DATE(s) SEE ATTACHED SPECIFICATIONS & DRAWING LOG A ti a co 8 r T W ? 0) O .._I C T 0 U Z CL D O a O z 0 F- U M a CJ1 z O U U) N C r a m ? ? m 0 z 0 z 0 z 0 z 0 z a z C7 z C7 Z t9 Z -O Z 0 z 0 O o ? ? ? 3 > 3 3 s 3 3 3 z 3 z z o ¢ n ¢ E 0 0 o 0 0 ? o 0 E o n ? ? o V o ? ? o ? ? o o ? o g o ? ? a a a a m m m m m m m m m m m m m m a a Q. a c 12 L? l? L L L C LL ? L L L L? L 12 L L! L LL U r d Y 93 O q co m t[] w to a tp O CQ O 0 O 0 O w a to pp O tt[[11 O O co ? co p O O m ? ? ? Ln LO t? IA ? ? to ? O P O t• O n O ? O ? O n O n O ? O ti O ? O ti O ^ ? 0 N O N O O O O O C0 o [??T w Q O Q cn CD Q t` O Q L 7 0 Q en m Q I 0 C` 0 S 0 co (+ co Q C 0 i 0 C co co Q o0 0 m w a w co co CD ` O CO tD S t0 0 CD = tD ` CO = tD M CO C7 O ? CI m o C C D f p ? z a o z p CO a a O z w ? > z o m z ? a z g F w d ¢ O -J a. ( z z ¢ C ¢ cn a O o w a ¢ o o ¢ ii w D m z -1 °- c7 z z z a z w a _o g ? 9 o O z g a op a U U o 0 0 = w > W tri g a a p a a p w Z g W a U U U = m ¢ U WY U. O p O u O J J ? H p O w V Mw S U. [i O . p li ro as . vii 'r oz W? "- O -j w w ~ aZ -J J a p -j a¢ Z w x a3 w J a s? w ? w 0 U- ti U) z U U. v~i z U 13 . t= LL ma cr a ?g ma ¢ ¢ ?s w O LLJ ?? 5 F - zi z U 0 E LL U C .) M 0 a i n t? 7 ^ v T j r N M r N . r N r N U N M V o z r ¢ ¢ a ¢ C% ¢ ¢ ¢ ¢ a V Ln a s o° v W w w ; w CIA U W ¢¢ Q g w~ S r L O) O J C 3 m 0 V z a m 0 cc c? z 0 F- U M U7 z 0 V Q J 1 (n (n rn O Z z z z a z 3 z 6 ? F- H F- o n v a CO m W a iL a c L L L L. 3 U r m ae a o 0 co CO o LO I 59 to o O O O O CO M DO m ? to ? C? 0 m to CO t_D z g 0 a z O 0 J r4 J O 0 LLJ ?Q? W 0-0 0 UUa F- 0 O LL 2 Co J -1 L zc LL z o (L w CL CO LL c )g w a F < W vi a. U -? Z ~ m R C o M ; z V w ' .- o N a q i N m U O w x w z a o? O O -i LL z a O W LL U) 0 CO 0 U2 z z z m ° 0 0 F- F- t- a a a L L L CT co co U') to O p to CO Q 00 O w m Ll L cc 0 M ? m t?D z z 4 CL v O -j O u. U- z a F- O u- w o U- V) CC V T N r = c! r r C •- J2 E a N a. M CL r co N co a vi N O N 0 0 E z a o i. v ? x tau A ?Q U ? A A a a b??e? o? A O U H U c u C 3 3 t N a d °? Q 0. z oa A U U Cd a r? V ? c co c E? a U pr?iy ¢ ? z ATTACHMENT 'IF" -- FINAL RELEASE AGREEMENT, made this day of 200 , by and between MASS Constrrtedon Group, inc., a Pennsylvania corporation of Harrisburg, PA (hereinafter referred to as "Contractoej, and ISub Nan] of Sub i tae i (hereinafter referred to as "SubContractor"). WHEREAS, by a duly executed SubContract Agreement (hereinafter referred to as "Contract") dated the fS Day of Mo__ nth1 in the year 20_, between Contractor and SubContractor in the original amount of US's fnu-mhoN Q's (war6)1 Dollars) whereby the SubCon for has agreed to provide work, labor, and/or materials in the performance of f Wo?rlc Deac ntro°l Construction Package for LEEIIIFI-&tL"I-mm--eel----PROJECT NO. WHEREAS, un of the Original Contract plus Change Orders for a revised contract amount totaling S of which the sum of S acceptance of the Snal has already been paid, and with payment of S , the undersigned Subcontractor does, by the receipt of said sum, shall for itself, its successors and assigns, remise, release and forever discharge, the Owner and the Contractor, their officers, agents, and employees, of and from all liabilities, obligations and claims whatsoever in law and in equity under or arising out of said Contract. WHEREAS, the SubContractor does hereby waive and relinquish all rights to file a mechanics's lien or claim of any kind whatsoever against the improvements of the r ti of, the Owner in the property by, or in the name of, the SubContractor, its laborers or materialmen, for work performed on ct or materials furnished to the Project, under the Contract or by any other party acting ugh or under said parties in the all sums received by the SubCorn7actor. The SubContractor warrants that all laborers employed by it, at or for the Project have been fully paid and that all suppliers of materials from whom the Subcontractor has purchased materials for the Project have been fully paid. SubContractor fiwfher acknowledges and agrees that the date herein written will be considered the commencement data for all warranty provisions, guarantees and obligations of the SubContractor pursuant to the Contract executed between said parties. IN WITNESS WHEREOF, executed this day of 200 ATTEST: SUBCONTRACTOR: [Sub Name] By: Its STATE OF ) COUNTY OF ss: On this, the day of 200 before me undersigned Notary, personally appeared who acknowledged himself/ herself to be the owner/parhrer/president/vice-president/agent of tSub Nan Eel a Corporation/Partmership/independent Contractor/Individual, and that he/she as such, being authorized to do so, executed the foregoing instrument for the purpose therein contained by signing the name of [Skb None] by himself/herseif, as owner/partner/president/vice-president/agent. IN WITNESS WHEREOF, i hereunto set my hand and official seal. Notary Public My Commission Expires: geu.eR CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW COMPANIES AFFORDING COVERAGE CDMPANV A Insurance Compan SUE COMPANY B COFIPANY C A 0 TF63IS TO CERTaSY THAT E POUdES Qf Nr63JRANC6'LIBTED 661.OWHAVE TEEN ISSIJlD TO M6 Wj= NAMED AjM i1 POl16Y PBRIM WICAEC NOMTHSTANWO ANY RWAUMW. Tem CR coNk)rmN OF ANY coNmACT OR OTHER DOCUMENTWITH RESPECT TO VMICH TF28 CBRT(E 19 MAY 6G MOM OR MAY PERTAIN. THE INSURAMM APPOROE06Y THE POLICIES 06aCR(8ED HIIREIN IS 8U9JECT TO ALL TH& TERM& GXCLUSIOALI AND CONCITIONS OF SUCH POLICES, LIMITS SHOWN MAY HAVE BEEN ROOMED BY PAID CLANS. I R TI/MOrir9URANCR POLbCYNUMBlR gATBIANiYDD1YYl DA7fIYEYO0/YY3 LIMITS iBNBBALLTABILMIY 26 INERAlA009WATE S I CO&WORCULOBNBRALIJAB(LITY POLICYNIUNIS R UI/XX VIM NU)oD -COIBVDPAOD S 1,x,000 D?1?{ CLAIMS Viimm FOLIO" A ACV MJURY OAVNSRB a CONT tACT0R9 TROT El?rr OCCURBENC4 s I,000,?0 eft PROJECT AGO FIRe DAMAGE (Aq rM a<.) a 1.090,000 MBDW(AmrvmPM* S S,0D0 AU %VWB(LB LIABLITY X ANVA(1TO POLICY NUMM UI/XX I/I= COMMEDSO"4LIMIT S 1,090,000 ALL 0VrN10) AUTOS BODILT fiUURY ICHBOULRD AUTOS (PER r X IHRBD AUTOS 90DILY INJURY NON OAVYBO AUTOS (!!R ACCIO?lNT3 PROPBRTV DAMAGE OAAAUB LIANI tTY AUTO ONLY • BA ACCIMM ANY AUTO iHER THAN AUTO ONLY: i? AGORBGAR 6=05LIAON.ITY BACHOMIJARENCE ] UMBRBLLAFORM ACOREOATI OTMINANUMORILLAPORM WORKERS COWDIMTKW AND X Y UABTS a EMPLOYERB•LIABILITY RACNACCHTBNT 10 1000 MME MOrIKTOMAAT11rdl xcL POLICY NUMIDLR III= 1111XX DIKABE • POLWY LOOT S 300,800 lRECtlTIV! OFPlOgitAIIE DICC ORIEA4E • EACH SPIKOVEG S. 100,000 OTHER s P lease list "MASS C6astructBAn •.Pason T..a )r an DIa _L .r AJJ:a __?i [_... J "?C7 ...v. cw s.rlCtilit{-ia A,ti{,lllLV{NiL it W{i1661, as required by written contract, with respect to work performed by the insured 1011 DATE THOKOF.THE MUM OF COWANY WILL ENDEAVOR TO MAIL. WW M NOTICE TO THE CERTIFICATE HOLD NAMED TO r11E LEP T. Bt/T TO MAIL SUCH NOME SHALL IMPOSE NO OBLIGATION OR UAE{LITY OF 7 UPON THE COMPANY. ITS AGENTS OR REPRESONTATIVEB. CTIQN PCIRATED P. O. Box 126337 Harrisburg, PA 17112 Ph :717-652-2230 CCT 20Q Subcontract Change Order Project: 02-08-3807 Sutliff Cadillac 6462 Carlisle Pike Mechanicsburg, PA 17055 Subcontract: 2425 Change Order. 1 Date: 10/6/2008 To Contractor: Lome G. Seifert 65 Carlisle Road Dilisburg, PA 17019 The Contract is changed as follows: 'L' Bar Phase Code Description Amount 03-000010 S Furnish and install 'L' bar in footings to match CMU wall reinforcement not shown of $478.00 contract documents. Includes smooth dowels 12" at constriction joints vs rebar per attached scope dated September 25, 2006. The original Contract Amount was $65,482,00 Net change by previously authorized Change Orders $0.00 The Contract Amount prior to this Change Order was $85,482.00 The Contract will be increased by this Change Order in the amount of $478.00 The new Contract Amount including this Change Order will be $65,960.00 The Contract rime will be unchanged. The date of Substantial Completion as of the date of this Change Order therefore is NOT VALID UNTIL SIGNED BY THE SUBCONTRACTOR. MASS CONSTRUCTION GROUP INC CONTRACTOR P. 0. Box 126337 Harrisburg, PA 17112 (signature) 6 By Date Lome G. Seifert SUBCONTRACTOR 55 Carlisle Road If,*/ Date 7 I N u L' VA 1 *31 SATED map P. O. Box 126337 Harrisburo. PA 17112 Ph : 717-852-2230 Fax : 717-652-8448 Letter of Transmittal To: Lome G. Seifert 65 Carlisle Road P O Box 443 Diilsburg, PA 17019 Ph: 717-432-5020 Far.. 717-432-6937 Subject: Executed Change Order WE ARE SENDING YOU p Attached r Shop drawings r Prints r Copy of letter r Change order Transmittal #: 60 Date: 10115/2009 Job: 02-08-3807 Sutliff Cadillac r- Under separate cover via None the following items: F- Plans F- Samples r- Specifications r Other Document Type Copies Date No. Description Othelr 1 10/15/08 2425 Executed Change Order THESE ARE TRANSMITTED as checked below: r- For approval r Approved as submitted r' Resubmit _ copies for approval ++ For your use r- Approved as noted I- Submit -copies for distribution r- As requested r Returned for corrections r- Refum rnrrected prints r For review and comment r Other I- FOR BIDS DUE r PRINTS RETURNED AFTER LOAN TO US Remarks: For your recordsi Copy To: From: Heather LaManna (MASS CONSTRUCTION GR Signature: lot If enclosures are not as noted, kindly notify us at once. Page 1 of 1 [IND NESTICO, DKIMY & NILDABM, LLP ATTORNEYS AT LAW 840 East Chocolate Avenue, Hershey, PA 17033 Phone(717)533-5406 Fax(717)533-5717 www.hersheypalaw.com May 4, 2009 BY CERTIFIED MAIL AND REGULAR MAIL Sutliff Enterprises, Inc. 13th & Paxton Streets Harrisburg, PA 17104 BY CERTIFIED MAIL AND REGULAR MAIL Sutliff Enterprises, Inc. 802 South 161h Street Harrisburg, PA 17104 RE. Lorne G. Seifert, LLC successor to Lorne G. Seifert, Inc. Dear Sir or Madam: BY CERTIFIED MAIL AND REGULAR MAIL Sutliff Enterprises, Inc. PO Box 1307 Harrisburg, PA 17105 Enclosed please find a Notice of Intention to File Mechanics' Lien Claim Against Your Property. Thank you for your attention to this matter. If you have any questions or concerns, please do not hesitate to contact me. Sincerely, Nestico, Druby & Hildabpfd, LLP Y Megan C. Huff Enclosures cc: Barbara Sardella, Esquire Mass Construction Group, Inc. NOTICE OF INTENTION TO FILE MECHANICS' LIEN CLAIM AGAINST YOUR PROPERTY To: Sutliff Enterprises, Inc. 13th & Paxton Streets Harrisburg, PA 17104 Sutliff Enterprises, Inc. PO Box 1307 Harrisburg, PA 17105 Sutliff Enterprises, Inc. 802 South 16th Street Harrisburg, PA 17104 Re: Sutliff Cadillac -Addition 6462 Carlisle Pike Mechanicsburg, PA 17055 You are hereby notified that Lorne G. Seifert, LLC, successor to Lorne G. Seifert, Inc., with a registered office at 6259 Reynolds Mill Road, Seven Valleys, PA 17360, is a subcontractor under a subcontract with your contractor, Mass Construction Group, Inc., 681 Knight Road, Harrisburg, PA 17111, and has furnished labor and materials in connection with the erection, construction, alteration or repair of an improvement to your property at 6462 Carlisle Pike, Mechanicsburg, PA 17055. The subcontractor furnished concrete work for the Sutliff Cadillac Addition. The last date on which the concrete work was provided was December 11, 2008. The amount still due and payable by the contractor to the subcontractor is $56,080.70. Unless payment of the amount due is made within thirty (30) days after service of this formal notice on you, the subcontractor intends to file a mechanic's lien claim for this amount against your property. The filing of the claim will result in a lien against 4 your property, and proceedings to enforce the lien may result in a judgment against you and the forced sale of your property. Respectfully Submitted, NESTICO, DRUBY & HILDABRAND, L.L.P. Date: B I Y: l Megan C. C Hu quire,,. Co , Suprem-ID Supreme 840 E. Chocolate Avenue Hershey, PA 17033 717-533-5406 Phone 717-533-5717 Facsimile Attorneys for Subcontractor cc: Barbara Sardella, Esquire Mass Construction Group, Inc. 't frt i ?oomestic Mail Only; No Insurance Coverage Provided! M -FICIAL USE 0 p^ Postage $ Certified Fee -- Postmark C3 Retum Receipt Fee Here C3 (Endorsement Required) C3 Restricted Delivery Fee C3 (Endorsement Required) :1 50? s?o Total Postage & Fees r-$o - 41 nt o , r9 f o: - - - . ... - -- A. --------------------------------- C3 3aeet Ap ,[ IF or PO Box No. IF ' ------- sr-------r-- free 1, 2, end 9. P&M cxy M to A. Mom 4 If Restricted Delivery is desired. X • Print your name and address on the reverse so that we can return the card to you. B ¦ Attach this card to the back of the mailpiedd, or on the front if space permits. 1. Article Addressed to: . out Ic,?on amf 3. Service Type ( PA n >oq o ??ered 13 Express Mail ( ;Oetum Receipt for Merchertdke ? Insured Mail ? C.O.D. 2. Article Number 7008 1140 0004 8930 3833 PS Form 3811, Februwy 2004 Dornrr.ec FWk" R.oW ,o?s?x w?s,o ? Agert by (Printed Name) C. Date of Delivery D. Is delivery address different from item 11 ? yes H YES, enter delivery address below: ? No M -M Domestic Only; No Insurance • •• Provided) Iu 143 F or delivery information visit our website at Www.usps.corn M M M Q" Postage $ ` of cc I 'V Certified Fee :I" Postmark C3 Retum Receipt Fee Here .3 (Endorsement Required) O Restricted Delivery Fee Q (Endorsement Required) '© `Iig r-I Total Postage & Fees $ • r-9 Sent Ti -----.....:. --- F ---------------------------•--- o Wit- o.; or PO Box No -- ---------------------- ¦ Complete items 1, 2, and 3. Also complete Bern 4 If Restricted Delivery is desired. ¦ !Tint your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailpiece, or on the front if cnana n -!- . -uuv rwuresseo To: haw a P.D. 6OX r?. ?i nio5 P'S Form 31" 1, Fm Miry 2I ? express Mail ld??--um Receipt for MercherxNee ? C.O.D. 7008 1140 0004 8930 3826 Deirneek Mown fllt>•Ipt If YES, enter delivery address below: 102505-024A-IMO Domestic Mail Only: No Insurance Coverage Providedl ' For delivery information visit our website at www.us01 _cC- t3 M 0" co O O O CI S r"i r1 so 17 a Iti Total Postage & Fees L O ?ly 0 Q Of PO Box No. ?3freeEAW. ---------------------- Lilly State. ZlPi .... ..... ¦ Complete items 1, 2, and 3. Also complete A. Sig ture item 4 if Restricted Delivery is desired. ? Agent • Print your name and address on the reverse ? Addnwe so that we"can return the card to you. B. Received by (Printed Name) C. Date of Delivery ¦ Attach this card to the back of the mailplece, or on the front if space permits. ? ^ ?/??t , 11 4 1. Article Addressed to: D. Is delivery address differek from Item 1? ? Yes If YES, enter delivery address below: ? No 3. ,jprlce Type tified Mail ? 13 rasa Mail r t Registered m Receipt for Merchandise ? Insured Mail ? C.O.D. 4. R 2. Article Number (lranrfer$Omawwashit 2 7008 1140 0004 8930 3840 PS Form 3811, Fewusry 2w4 Do raodc R.arn Receipt 1025e5-02-M-150 . 04 IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA LORNE G. SEIFERT, LLC, successor to NO. LORENE G. SEIFERT, INC. Claimant, -vs- SUTLIFF ENTERPRISES, INC. Owner. CERTIFICATE OF SERVICE I, Megan C. Huff, Esquire, counsel for Claimant Lorne G. Seifert, LLC hereby certify that I served a true and correct copy of the within MECHANICS' LIEN CLAIM, by first class mail, postage prepaid, on the following: Kenneth W. Lee, Esquire Tucker Arensberg, P.C. 111 N. Front Street P.O. Box 889 Harrisburg, PA 17108 NESTICO, DRUBYA HILDAB?AND, L.L.P. Date: 41q 1,9 By: C. HufflEsdTfre.)I.D. No. 84391 840 E. Choconue Hershey, PA 17033 (717) 533-5406 Telephone (717) 533-5717 Fax Attorneys for Claimant , THr- r t . ? coves lQ .O6 p b ATt'/ co ga99 p* aal, Sheriffs Office of Cumberland County R Thomas Kline 4?ttr of Cum6rr/$ ? Edward L Schorpp Sheri Solicitor Ronny R Anderson Jody S Smith Chief Deputy OFFICE OF THE s"ERiFF Civil Process Sergeant Lorne G. Seifert Case Number vs. Sutliff Enterprises, Inc. 2009-3799 SHERIFF'S RETURN OF SERVICE 06/12/2009 R. Thomas Kline, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Sutliff Enterprises Inc., but was unable to locate them in his bailiwick. He therefore deputized the Sheriff of Dauphin County, PA to serve the within Mechanics' Lien Claim according to law. 06/12/2009 R. Thomas Kline, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Sutliff Enterprises Inc., but was unable to locate them in his bailiwick. He therefore deputized the Sheriff of Dauphin County, PA to serve the within Mechanics' Lien Claim according to law. 06/15/2009 05:30 PM - Dauphin County Return: And now June 15, 2009 at 1730 hour I, Jack Lotwick, Sheriff of Dauphin County, Pennsylvania, do herby certify and return that I served a true copy of the within Notice of Mechanics Lien Claim and Mechanics Lien Claim, upon the within named defendant, to wit: Sutliff Enterprises, Inc. by making known unto Jeff Millar, adult in charge at 13th and Paxton Streets Harrisburg, PA 17104 its contents and at the same time handing to him personally the said true and correct copy of the same. 06/15/2009 05:30 PM - Dauphin County Return: And now June 15, 2009 at 1730 hour I, Jack Lotwick, Sheriff of Dauphin County, Pennsylvania, do herby certify and return that I served a true copy of the within Notice of Mechanics Lien Claim and Mechanics Lien Claim, upon the within named defendant, to wit: Sutliff Enterprises, Inc. by making known unto Jeff Millar, adult in charge at 13th and Paxton Streets Harrisburg, PA 17104 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $53.44 June 17, 2009 SO ANSWERS, a r R HOMAS KLI E, SHERIFF N ° J w M Cw ? WAMIL tjitt Of the 'Sitcrfrf Mary Jane Snyder Real Estate Depu William T. Tully Solicitor Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 780-6590 fax: (717) 255-2889 Charles E. Sheaffer Chief Deputy Michael W. Rinehart Assistant Chief Deputy Jack Lotwick Sheriff Commonwealth of Pennsylvania County of Dauphin LORNE G SEIFERT, LLC VS SUTLIFF ENTERPRISES INC. Sheriffs Return No. 2009-T-1677 OTHER COUNTY NO. 20093799 And now: JUNE 15, 2009 at 5:30:00 PM served the within NOTICE OF MECH LIEN CLAIM & MECH LIEN CLAIM upon: SUTLIFF ENTERPRISES INC. by personally handing to JEFF MILLAR 1 true attested copy of the original NOTICE OF MECH LIEN CLAIM & MECH LIEN CLAIM and making known to him/her the contents thereof at 13TH AND PAXTON STREETS HBG PA 17104 MANAGER Sworn and subscribed to before me this 16TH day of June, 2009 So Answers, Aoi NOTARIAL SEAL RY JANE SNYDER, Notary Publi Highspire, Dauphin County Lmy Commission Expires Sept 1 2010 Sheriff of Da County, P By Deputy Shen Deputy: B HUNTER Sheriffs Costs: $72 6/15/2009 (pifirt of #he csheriff Mary Jane Snyder Real Estate Depu William T. Tully Solicitor Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 780-6590 fax: (717) 255-2889 Charles E. Sheaffer Chief Deputy Michael W. Rinehart Assistant Chief Deputy Jack Lotwick Sheriff Commonwealth of Pennsylvania County of Dauphin LORNE G SEIFERT, LLC VS SUTLIFF ENTERPRISES INC. Sheriff s Return No. 2009-T-1677 OTHER COUNTY NO. 20093799 And now: JUNE 15, 2009 at 5:30:00 PM served the within NOTICE OF MECH LIEN CLAIM & MECH LIEN CLAIM upon SUTLIFF ENTERPRISES INC. by personally handing to JEFF MILLAR 1 true attested copy of the original NOTICE OF MECH LIEN CLAIM & MECH LIEN CLAIM and making known to him/her the contents thereof at 13TH AND PAXTON STREET HBG PA 17104 MANAGER Sworn and subscribed to before me this 16TH day of June, 2009 NOTARIAL SEAL ARY JANE SNYDER, Notary Publi Higbspire, Dauphin County [,My Commission Expires Set 1 2010 So Answers, /?p Sheriff of Daup ' County, Pa. By Deputy Sh Deputy: B HUNTER Sheriffs Costs: $72 6/15/2009