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HomeMy WebLinkAbout09-5268a ORIGINAL IN RE: HARRISBURG-YORK OVERHEAD DOOR, INC. T/A OVERHEAD DOOR COMPANY OF HARRISBURG-YORK Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. CQ - 6d408 PLE) V. SUTLIFF ENTERPRISES, INC. T/A CADILLAC HUMMER SAAB Defendant CLAIM FOR MECHANIC'S LIEN AND NOW on this t?R 6 A day of July, 2009, comes Harrisburg-York Overhead Door, Inc. T/A Overhead Door Company of Harrisburg-York, Subcontractor, pursuant to the Mechanic's Lien Law of 1963 (P.L. 1175 No. 497, §503, as amended (49 P.S. §1503) files this Claim of Lien as a Subcontractor against Sutliff Enterprises, Inc. T/A Cadillac Hummer Saab, and against the Owner for the debt of Thirty-Two Thousand Nine Hundred Thirty-Three Dollars and Thirty-Six Cents ($32,933.36) together with lawful interest from February 13, 2009, due to it as Subcontractor stating the following claim: 1. The name of the Claimant is Harrisburg-York Overhead Door, Inc. T/A Overhead Door Company of Harrisburg-York . 2. The address of the Claimant is 576 Grandview Drive, Lewisberry, Pennsylvania 17339. 3. The name of the Defendant against which this claim is filed is Sutliff Enterprises, Inc. T/A Sutliff Cadillac Hummer Saab. 4. The address of the site of the Defendant is 6462 Carlisle Pike, Mechanicsburg, Pennsylvania 17050. 5. The address of Sutliff Enterprises, Inc. is 802 South 16th Street, Harrisburg, Pennsylvania 17104. 6. The Claimant contracted directlywith Mass Construction Group, Incorporated for work to be performed at Defendant's premises at 6462 Carlisle Pike, Mechanicsburg, Pennsylvania, for the purposes of providing installation of garage doors. 6. The services were also performed pursuant to an AIA Contract dated September 9, 2008, a copy of which is attached hereto as Exhibit "A." 7. The claim of the Claimant Harrisburg-York Overhead Door, Inc. T/A Overhead Door Company of Harrisburg-York, is based upon services performed in accordance with invoices attached hereto as Exhibit "B." 8. Notice of the intent to file this Claim was provided by Certified Mail on June 22, 2009, a copy of which is attached as Exhibit "C." 2 9. The sum of Thirty-Two Thousand Nine Hundred Thirty-Three Dollars and Thirty-Six Cents ($32,233.36) together with interest from February 12, 2009 is due to the Claimant. The Claimant has no Note or other collateral security for its claim. Respectfully submitted, KNUPP LAW OFFICES, LLC Robert L. Knupp PO Box 630 407 North Front Street Harrisburg, PA 17108 (717/238-7151); FAX (717)238-7910 robert.knupp(@-verizon.net 3 COMMONWEALTH OF PENNSYLVANIA : ss COUNTY OF CUMBERLAND VERIFICATION i, ?0 t7? ?• ??/ of Overhead Door Company of Harrisburg- York, a Subcontractor, being duly sworn deposes and states that it is the Claimant in the above-named claim. I have read, on behalf of the Claimant, the foregoing claim and declare that so far as it is within my knowledge, all the facts set forth therein are true. OVERHEAD DOOR COMPANY OF HARRISBURG-YORK BTitle: CL?1Le!1 z---- Dated: 7- ?- OCT LUU0 #AIA Document A401TM -1997 Standard Form of Agreement Between Contractor and Subcontractor AGU MENT made as of the Ninth day of September in the year Two Thousand and Eight (In words, indicate day, month and year) BETWEEN the Contractor: (Name, address and other information) Mass Construction Group, Inc., Subchapter S Corporation 681 Knight Road Harrisburg, PA 17111 Telephone Number. 717-652-2230 Fax Number- 717-652-8449 and the Subcontractor: (Name, address and other information) Overhead Door of Hggisbur¢-York 576 Grandview Drive Lewisberry, PA 17339 Telephone Number: 717-938-6101 Fax Number: 717-938-9359 i I' il; t4?',.n -J The Contractor has made a contract for construction dated May 22, 2008 With th er (Name, address and other information) Sutliff EntertmsGS. Inc. 802 South 16th Street Harrisburg, PA 17104 For the following Project: (Include detailed description of Project, location and address) Sutliff Cadillac - Addition 6462 Carlisle Pike Mechanicsburg, PA 17055 ADDITIONS AND DELETIONS: The author of this document has added information needed for its completion. The author may also have revised the text of the original AIA standard form. An Additions and Deletions Report that notes added information as well as revisions to the standard form text is available from the author and should be reviewed. A vertical line in the left 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 document 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 Subcontractors Association and the Associated Speciality Contractors, Inc. which Contract is hereinafter referred to as the Prime Contract and which provides for the furnishing of labor, materials, equipment and services in connection with the construction of the Project. A copy of the Prime Contract, consisting of the Agreement between Owner and Contractor (from which compensation amounts may be deleted) and the other Contract Documents enumerated therein has been made available to the Subcontractor - The Architect for the Project is: .. r (Nance, address and other information) NIA The Contractor and the Subcontractor agree as follows. ARTICLE 1 THE SUBCONTRACT DOCUMENTS AIA Document A401 TM -1997. Copyright ® 1915, 1925, 1937, 1951, 1958, 196 Init. Architects. All rights reserved. WARNING: This AIA! Document is protected reproduction or distribution of this AIA! Document, or any portion of it, mat / maximum extent possible under the law. This document was produced by AIA s on 1216/2008, and is not for resale. User Notes: EXHIBIT 'by The American Institute of ies. Unauthorized and will be prosecuted to the o.1000333288_3 which expires (2814296388) § 1.1 The Subcontract Documents consist of this Agreeme &e Prime Contract, consisting of the Agreement between the Owner and Contractor and the other Contract Documents enumerated therein; odifications 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 inteerated agnee_ment between thep„rties hereto and supersedes prior negotiations representations or agLeements, either written or oral. An enumeration of theSubcontract Documents, other than Modifications issued subsequent to the execution of this Agreement, appears in Article 16. § 1.2 Except to the extent of a conflict with a specific term or condition contained in the Subcontract Documents, the General CDtltditions governing this Subcontract shall be the 199 lion of AIA Document-A20 1,,General Conditions of the Contract for Coittuction. 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 AIA 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. 11.3 The Subcontract may be amended or modified only by a Modification. The-Subcontract Documents_ shall not-be construed to create a contractual relationship of acv kind (1) between the Architect and the Subcontractor, (2) between an 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 12.1 The Contractor and Subcontractor shall be mutually bound by the terms of this Agreement and, to the extent that the provisions of the edition of AIA Document A201 current as of the date of this Agreement apply to this Agreement pursuant to Section 1.2 and provisions of the Prime Contract apply to the Work of the Subcontractor, the Contractor shall assume toward the Subcontractor all obligations and responsibilities that the Owner, under such documents, assumes toward the Contractor, and the Subcontractor shall assume toward the Contractor all obligations and responsibilities which the Contractor, under such documents, assumes toward the Owner and the Architect. The Contractor shall have the benefit of all rights, remedies and redress against the Subcontractor which the Owner, under such documents, has against the Contractor, and the Subcontractor shall have the benefit of all rights, remedies and redress against the Contractor which the Contractor, under such documents, has against the Owner, insofar as applicable to this Subcontract. Where a provision of such documents is inconsistent with a provision of this Agreement, this Agreement shall govern. § 2.2 The Contractor may require the Subcontractor to enter into agreements with Sub-subcontractors performing portions of the Work of this Subcontract by which the Subcontractor and the Sub-subcontractor are mutually bound, to the extent of the Work to be performed by the Sub-subcontractor, assuming toward each other all obligations and responsibilities which the Contractor and Subcontractor assume toward each other and having the benefit of all rights, remedies and redress each against the other which the Contractor and Subcontractor have by virtue of the provisions of this Agreement. ARTICLE 3 CONTRACTOR § 3.1 SERVICES PROVIDED BY THE CONTRACTOR § 3.1.1 The Contractor shall cooperate with the Subcontractor in scheduling and performing the Contractor's Work to avoid conflicts or interference in the Subcontractor's Work and shall expedite written responses to submittals made by the Subcontractor in accordance with Section 4.1 and Article 5. As soon as practicable after execution of this Agreement, the Contractor shall provide the Subcontractor copies of the Contractor's construction schedule and AAA Document A401 TM -1997. Copyright ® 1915, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1972, 1978, 1987 and 1997 by The American Institute of Init. 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 2 maximum extent possible under the law. This document was produced by AIA software at 15:49:39 on 09/10/2008 under Order No. 10003332883 which expires on 12/612008, and is not for resale. User Notes: (2814296388) 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. § 3.12 The Contractor shall provide suitable areas for storage of the Subcontractor's materials and equipment during the course of the Work. Additional costs to the Subcontractor resulting from relocation of such facilities at the direction of the Contractor, except as previously agreed upon, shall be reimbursed by the Contractor. 3 3.1.3 Except as provided in Article 14, the Contractor's equipment will be available to the Subcontractor only at the Contractor's discretion and on mutually satisfactory terms. § 3.2 COMMUNICATIONS § 3.2.1 The Contractor shall promptly make available to the Subcontractor information, including information received from the Owner, which affects this Subcontract and which becomes available to the Contractor subsequent to execution of this Subcontract. 1 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. § 32.3 The Contmctotr"permit the Subcontractor to request directly from the Architect information regarding the percentages of completion and the amount certified on account of Work done by the Subcontractor. 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. § 32.5 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 by or through the Subcontractor, or by any person claiming a lien for any work performed 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 liens 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 Project, 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 Work of the Subcontractor. f 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. § 3.32 The Contractor's claims for services or materials provided the Subcontractor shall require: .1 Seven days' prior written notice except in an emergency; .2 written compilations to the Subcontractor of services and materials provided and charges for such services and materials no later than the fifteenth day of the following month. AIA Document A401--1997. Copyright G 1915, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1972, 1978, 1987 and 1997 by The American Institute of init. Architects. All rights reserved. WARNING: This AIAe Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 3 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 15:49:39 on 09/10/2008 under Order No. 10003332883 which expires on 12/6/2008, and is not for resale. User Notes: (2814296388) § 3.4 CONTRACTOR'S REMEDIES § 3.4.1 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 f 40 EXECUTION AND PROGRESS OF THE WORK f 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 subcosetcact 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 furnish to the Contractor a list of all major materials and equipment required for its work, including expected delivery dates to the Project site. J 4.1.2 The Subcontractor shall promptly submit Shop Drawings, Product Data, 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 subcontractors. All such submittals must be submitted in 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. 1 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. AIA Document A401- -1997. Copyright ®1915, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1972, 1978, 1987 and 1997 by The American Institute of Init Architects. All rights reserved. WARNING: This AIAe Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 4 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 possibis under the law. This document was produced by AIA software at 15:49:39 on 09/10/2008 under Order No.1000333288_3 which expires on 12/6/2008, and is not for resale. User Notes: (2814296388) § 4.1.6 The Subcontractor shall pay for all materials, equipment and labor used in connection with the performance of this Subcontract through the period covered by previous payments received from the Contractor, and shall furnish satisfactory evidence, when requested by the Contractor, to verify compliance with the above requirements. § 4.1.7 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. K1.9 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. § 42 LANES, PERMITS, FENS AND NOTICES § 4,11 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. 14.3 SAFETY PRECAUTIONS AND PROCEDURES § 43.1 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 or polychlorinated biphenyl (PCB), encountered on the site by the Subcontractor, the Subcontractor shall, upon recognizing the condition, immediately stop Work in the affected area and report the condition to the Contractor in writing. When the material or substance has been rendered harmless, the Subcontractor's Work in the affected area shall resume upon written agreement of the Contractor and Subcontractor. The Subcontract Time shall be extended appropriately and the Subcontract Sum shall be increased in the amount of the Subcontractor's reasonable additional costs of demobilization, delay and remobilization, which adjustments shall be accomplished as provided in Article 5 of this Agreement. J 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. AIA Document A401 TM -1997. Copyright ®1915, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1972, 1978, 1987 and 1997 by The American Institute of Init. Architects. All rights reserved. WARNING: This AIAe Document is protected by U.S. Copyright Law and International Treaties. Unauthorized rJ 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 15:49:39 on 09/10/2008 under Order No.1000333288_3 which expires on 121612008, and is not for resale. User Notes: (2814296388) § 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 We& 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 NdDEMN FICATII')N § 4.6.1 To the fullest extent permitted by law, +hP_?tracto? chap indemnify and hold harmless the O_ wne?, 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, adsin Q u of or resulting from perfo*Ma*P %Abcontragtor's Work under this Subcontract, provided that any such claim, damage, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself), but only to the extent caused by the negligent acts or omissions of the Subcontractor, the Subcontractor's Sub-subcontractors, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, regardless of whether or not such claim, damage, loss or expense is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or otherwise reduce other rights or obligations of indemnity which would otherwise exist as to a party or person described in this Section 4.6. § 4.6.2 In claims against any person or entity indemnified under this Section 4.6 by an employee of the Subcontractor, the Subcontractor's Sub-subcontractors, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, the indemnification obligation under Section 4.6.1 shall not be limited by a limitation on the amount or type of damages, compensation or benefits payable by or for the Subcontractor or the Subcontractor's Sub-subcontractors under workers' compensation acts, disability benefit acts or other employee benefit acts. § 4.7 REMEDIES FOR NONPAYMENT § 4.7.1 If the Contractor does not pay the Subcontractor through no fault of the Subcontractor within seven _days from the time pa ment s out madeas provided in this Agreement. the Subcontractor may, without reiudice to?ny r 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 Subcontractor's 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. 15.2 The Subcontractor may be ordered in writing by the Contractor, without invalidating this Subcontract, to make changes in the Work within the general scope of this Subcontract consisting of additions, deletions or other revisions, including those required by Modifications to the Prime Contract issued subsequent to the execution of this Agreement, the Subcontract Sum and the Subcontract Time being adjusted accordingly. The Subcontractor, prior to the commencement of such changed or revised Work, shall submit promptly to the Contractor written copies of a claim for Init. AIA Document A401 TO -1997. Copyright ®1915, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1972, 1978, 1987 and 1997 by The American Institute of s Architects. All rights reserved. WARNING: This AIAs 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 15:49:39 on 09/10/2008 under Order No.1000333288_3 which expires on 121612008, and is not for resale. User Notes: (2814296388) adjustment to the Subcontract Sum and Subcontract Time for such revised Work in a manner consistent with requirements of the Subcontract Documents. 15.3 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 r(Paragraph 6.1 MEDIATION 1.1 .1 An eiaim arising out of or related to this Subcontract, except claims as otherwise provided in Section 4.1.5 and ex ep t o?se waived in this Subcontract, shall be subject to mediation at the sole discre ion ?FthP r„??,??,r a condition precedent to the institution of legal or equitable proceedings by either party. § 6.12 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 i19.asc&Qrdance with Hite CtHtstrt#ign Industr?Mediation Rules of the American Arbitration Association currently in C&qL 16.1 .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. Agree entc rea_rhed in mediatinnshall be enforceable as settlement ag een>ents 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. §6.1A In the event claims cannot be resolved through mediation, then any claim filed must be litigated in the CQ= of? Common Pleas of Dauphin County, Pennsylvania, or in the United States District Court for the Middle Distric?'of __ Pennsylvama. § ARBITRA § 6 ere 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 § 7.1.1 The Sub_contrsetor may term natr 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 Subcontraot 60 d as or longer. In the event of such termination by the Subcontractor ^or 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 frnm rhP ('nntrnotnr navmnnt fnr W-1- e, o .,re i ....a 9 _ ------- ,......._.: )fit and damages. § 72 TERMUTION BY THE CONTRACTOR § 721 If the Subcontractor persistently or repeatedly fails or neglects to carry out the Work in accordance with the Subcontract Documents or otherwise to perform in accordance with this Subcontract and fails within 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 Init AtA uoCUment A4111 m -1997. Copyright ©1915, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1972, 1978, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA! Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the 7 / maximum extent possible under the law. This document was produced by AIA software at 15:49:39 on 09/10/2008 under Order No. 10003332883 which expires on 1216/2008, and is not for resale. User Notes: (2814296388) 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. I 722 If the Owner terminates the Contract for the Owner's convenience, the Contractor shall deliver written notice to the Subcontractor. J 723 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. f 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 Tune and Subcontract Sum. 1 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 termination of the Prime Contract by the Owner, the Contractor may assign this Subcontract to the Owner, with the Owner's agreement, subject to the provisions of the Prime Contract and to the prior rights of the surety, if any, obligated under bonds relating to the Prime Contract. In such event, the Owner shall assume the Contractor's rights and obligations under the Subcontract Documents. If the Work of the Prime Contract has been suspended for more than 30 days, the Subcontractor's compensation shall be equitably adjusted. 1 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.) Doors 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. ??It. AIA uOCUmen1 A401 - -1997. Copyright ®1915, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1972, 1978, 1987 and 1997 by The American institute of Architects. All rights reserved. WARNING: This AIA! Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 8 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 15:49:39 on 09/10/2008 under Order No. 10003332883 which expires on 12/612008, and is not for resale. User Notes: (2814296388) (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 § 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. 19.3 The Work of this Subcontract shall be substantially completed no later than 69 days (Insert the calendar date or number of calendar days after the Subcontractor's date of commencement. Also insert any requirements for earlier Substantial Completion of certain portions of the Subcontractor's Work, if not stated elsewhere in the Subcontract Documents.) Potion of Work Doors (and installation) Substantial Completion date November 26, 2008 , subject to adjustments of this Subcontract Time as provided in the Subcontract Documents. (Insert provisions, if any, for liquidated damages relating to failure to complete on time.) N/A § 9.4 With respect to the obligations of both the Contractor and the Subcontractor, time is of the essence of this Subcontract. 19.5 No extension of time will be valid without the Contractor's written consent after claim made by the Subcontractor in accordance with Section 5.3. ARTICLE 10 SUBCONTRACT SUM 10.1 The Contractor shall pay the Subcontractor in current funds for performance of the Subcontract the Subcontract Sum of Nineteen Thousand Eight Hundred and Two and 00/100 ($19,802.00), subject to additions and deductions as provided in the Subcontract Documents. § 10.2 The Subcontract Sum is based upon the following alternates, if any, which are described in the Subcontract Documents and have been accepted by the Owner and the Contractor: (Insert the numbers or other identification of accepted alternates.) N/A § 10.3 Unit prices, if any, are as follows: Description N/A Units Price ($ 0.00) ARTICLE 11 PROGRESS PAYMENTS 111.1 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 A401 TO -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 Treaties. Unauthorized 9 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 15:49:39 on 09/10/2008 under Order No.1000333288_3 which expires on 12!612008, and is not for resale. User Notes: (2814296388) 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. 111.1.1 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 covered 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 h 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 § 11.3 Provided an applies 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. 3 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. § 11.3 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 be used as a basis for reviewing the Subcontractor's applications for payment. § 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 the 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 retainage 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 C 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 Treaties. Unauthorized 1 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 O / maximum extent possible under the law. This document was produced by AIA software at 15:49:39 on 09/10/2008 under Order No. 10003332883 which expires on 1216/2008, and is not for resale. User Notes: (2814296388) § 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. 111.8 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 f 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 retaittrlge is allowed under the Prime Contract for the Subcontractor's Work prior to the completion of the entire Project. If the Prime Contract 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 PAYIBENT § 12.1 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 earlierfinal payment to the Subcontractor, if applicable.) Attachment F - Finial Release of Lien, fully executed, to be submitted 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: 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--1997. Copyright G 1915, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1972, 1978, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA* Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 11 reproduction or distribution of this AIO Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the / maximum extent possible under the law. This document was produced by AIA software at 15:49:39 on 09/10/2008 under Order No.1000333288_3 which expires on 1216/2008, and is not for resale. User Notes: (2814296388) 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. 1 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 under the Prime Contract. 13.5 The Contractor shall promptly, upon request of the Subcontractor, furnish a copy or permit a copy to be made of any bond covering payment of obligations arising under the Subcontract. 113.6 Performance Bond and Payment Bond: (If the Subcontractor is to furnish bonds, insert the specific requirements here.) Bond type land amount ($ 0.00) Bond delivery date Bond form N/A § 13.7 PROPERTY (INSURANCE 13.7.1 When requested in writing, the Contractor shall provide the Subcontractor with copies of the property and equipment policies in effect for the Project. The Contractor shall notify the Subcontractor if the required property insurance policies are not in effect. § 13.7.2 If the required property insurance is not in effect for the full value of the Subcontractor's Work, then the Subcontractor shall purchase insurance for the value of the Subcontractor's Work, and the Subcontractor shall be reimbursed for the cost of the insurance by an adjustment in the Subcontract Sum. § 13.7.3 Property insurance for the Subcontractor's materials and equipment required for the Subcontractor's Work, stored off site or in transit and not covered by the Project property insurance, shall be paid for through the application for payment process. § 13.8 WAIVERS OF SUBROGATION § 13.6.1 The Contractor and Subcontractor waive all rights against (1) each other and any of their subcontractors, sub-subcontractors, agents and employees, each of the other, and (2) the Owner, the Architect, the Architect's consultants, separate contractors, and any of their subcontractors, sub-subcontractors, agents and employees for damages caused by fire or other causes of loss to the extent covered by property insurance provided under the Prime Contract or other property insurance applicable to the Work, except such rights as they may have to proceeds of such insurance held by the Owner as a fiduciary. The Subcontractor shall require of the Subcontractor's Sub-subcontractors, agents and employees, by appropriate agreements, written where legally required for validity, similar waivers in favor of the parties enumerated herein. The policies shall provide such waivers of subrogation by endorsement or otherwise. A waiver of subrogation shall be effective as to a person or entity even though that person or entity would otherwise have a duty of indemnification, contractual or otherwise, did not pay the insurance premium directly or indirectly, and whether or not the person or entity had an insurable interest in the property damaged. ARTICLE 14 TEMPORARY FACILITIES AND WORKING CONDITIONS 114.1 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: Temporwy FacEty, Equipment or Service Cost, if any ($ 0.00) N/A § 14.2 Specific working conditions: (Insert any applicable arrangements concerning working conditions and labor matters for the Project.) Init. AIA Document A401 ru-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 Treaties. Unauthorized 12 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 15:49:39 on 09/10/2008 under Order No. 10003332883 which expires on 1216/2008, and is not for resale. User Notes: (2814296388) 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 1115.1 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. 115.2 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.) 1% % per annum (Usury laws and requirentews under the Federal Truth in Lending Act, similar state and local consumer credit laws and other regu&uions 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.) 11&3 Retainage and any reduction thereto are as follows: 1 10% § 15A 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 under Section 1.1 and 1.2 hereunder. (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 form part of the Subcontract Documents. Requests for proposal and the Subcontractor's bid or proposal should be listed here only if intended to be part of the Subcontract Documents.) Attachment A - <Scove_of Wo?o Attachment B - Drawing Log Attachment C - Vendor's Request for Payment (form) 5`4A' Attachment D - Breakdown of Costs/Schedule of Values (form) "V Attachment E - Partial Waiver (form) H Attachment F - Final Release (sample form) Attachment G - Insurance Certificate/Requirements (sample form) J Exhibit B - Subcontractor's Vendor/Subcontractor Identification List Init AIA Document A401 TM -1997. Copyright ®1915, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1972, 1978, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA° Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 1 S 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 15:49:39 on 09/10/2008 under Order No.1000333288_3 which expires on 1216/2008, and is not for resale. User Notes: (2814296388) ATTACHMENT "A" SUTLIFF CADILLAC - ADDITION SCOPE OF WORK Overhead Doors Unless otherwise noted, all work to be performed shall consist of providing all labor, materials, equipment and supervision required to perform the Vertical Overhead Doors 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 Door 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 opera ions sc e u e of the fa ility. Manpower an mien s 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. Generally, the work will consist of supplying and installing all Vertical Overhead Doors and Hardware as described on the Drawings. a. Furnish and install_two (2) 521 series sectional doors, as manufactured by the Overhead Door Corporation. Door standard features to include the following: b. Sections will be constructed using 204Ra clean anodized rails and stiles extruded from 6063-T6 aluminum.050 anodized aluminum panels. 2 5/8" center stiles, 3 1/z" end stiles, 2 1/8" intermediate rails, and up to 3 3/4" top rails and up to 4 %2" bottom rails. Doors to be constructed using rabbetted meeting rails to form weather tight joints, and designed to meet or exceed industry standards for wind loading. Hinges and fixtures will be galvanized steel. C. Furnish @ad install two (2) 63ft series roll in p, doors as manufactured by the Overhead Door Corporation. Door standard features to include the following: Curtain slats wi ga vamze 'pain a see . urtai will be provided with steel or malleable iron end locks on alternate slats. Guides will be roll-formed steel channel or three structural steel angles. Brackets will be hot rolled steel plate to support the barrel, counter balance and hood. Counterbalance will be helical torsion springs housed in a steel pipe with a deflection limited to .03" per foot of span (width) and adjustable by means of an external tension wheel. All non-galvanized, exposed, ferrous surfaces will receive one coat of rust inhibitive primer. Automatic closure will be thermally controlled by means of fusible links melting at 165 degrees; operation mechanism will be disengaged during automatic closing. Automatic closing will have a rate of descent controlled by a governor. Doors to have a Class "A" 3-hour label or certificate of inspection. d. The JST series operators as provided by the Overhead Door Corporation. Standard features include the following: '/z hp, 115/230 V single phase, 208/230/460V three phase motor. A heavy-duty, constant duty operator designed to operate standard torsion spring vehicular doors up to 1400 pounds. Has instant reversing with applicable reversing devices and automatic reset thermal overload. The control circuit is a 1 of 3 24V three-button "Open-Close-Stop". Mounting is by jackshaft (side mount), direct-coupled or chain- coupled. e. SuRply and install as per plan A4.1 Aluminum Overhead doors and Coiling door frames, hardware, powered operators an controls as required f. Supply and install two (2) Fire coiling doors Series ? 4„ with hoist chain. The doors shall be a 3 hour rated door as noted on plans. g. (29.33) slats, C-187 22 Gauge (STD) 9 h. Operation, Interior Chains i. Supply and install two (2) Over head doors Series #521 10'-2" x 12'-1" and install Dower and controls as require ors me ude the following j. Full vision glass k. Tempered Glazing for Sash sections, ''/2" 1. Lift clearance track M. (12.08) Track, 2", Continuous angle Out (#3) Wood Jamb (Std) n. (10.17) Solid shaft, 1" in lieu of tubing o. Coupling Assembly, 1" ID solid keyed shaft p. Wired for 116-220 Timer Controller 3 phase q. Controller, NEMA 1 (116220 Timer) w/ 1 Vetec (108231-0002) r. Photocell Package, Reflective, E3K (110336-0001) S. Auxiliary limit switch with toggle switch to stop at seven (7') feet t. Interior treadle switch U. Supply and install loop control system v. Electric safety edge 6. Remove existing overhead doors, frames, power control units and all associated equipment as noted on plans and salvaged. All existing overhead doors, equipment and controls to be turned over to owner. 7. Saw cutting loops for the two drive thru doors, wiring electric operators from a nearby disconnect supplied by other and wiring controls 8. Note: Fire door to release by fuse link only. Fire sentinel to tie into an alarm system is not included. 9. Work shall be performed between the hours of 7:00 AM and 6:00 PM, unless otherwise approved by the Job Site Superintendent. 10. 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. 11. Temporary electric service will be available at the job Site office only. Subcontractor will be responsible to provide own means of power (generators, etc.). 12. Subcontractor shall provide any temporary lighting and power required for work, as required, if lighting and power are not available or are temporarily unavailable. 13. Subcontractor shall perform daily clean-up of own general waste, debris and related items. 14. 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. 15. 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 3 3 of 3 ATTACHMENT "B" SUTLIFF CADILLAC - ADDITION 6462 CARLISLE PIKE MECHANICSBURG, PA 17055 PROJECT No. 02-08-3807 NO. TITLE DATE(s) SEE ATTACHED SPECIFICATIONS & DRAWING LOG N r O d m a 0) O J C 3 ca L m E E O U V c U L V d1 Y N O 0.' a?+ 0 U Z C. D 0 d' C9 z O H U H U z O U Cl) U) m m m m C9 C9 C9 C9 z z z z C9 z C9 z (9 z U z C9 z C9 z C9 z C9 z C9 z C9 z C9 z C9 z C9 z (D z _ _ _ _ 0 0 - 0 0 - 0 0 - 0 0 - 0 0 - Of 0 0 - Of 0 0 - 0 0 - 0 0 - 0 0 - 0 0 - of 0 0 - IX 0 0 - m 0 0 - - w - w - w - w m m m m m m m m m m m m m m a. a a. a L L L L L L L L L L L L L L L L L L L co LO co L w w O w to w LO w 0 w 0 w 0 w 0 Co LD co L 1 l Lo r n r n r n r n r n r n r n r n r n r n r n r n 0 0 0 0 0 0 0 0 0 0 0 0 CD co w w w w w w w w co co w 0 0 0 0 0 0 0 0 0 0 0 0 0 M ? M ? M M M M M E M M M M M ? M f 0 ( O m ? W t?D C O ? ? ? ? t 0 ? Z M C) w Q o p a cn z J 0 0 z < z o a m 0 z Q F- z Q Cl) a J ZZ U) Z 0 J Z Z w z J Q Z 0 1 ?- CE 0 z w > f' z z D w . d >H Q ° Q U J U w O O D 2 w w W x U- O O Z W U U U = U U W Y LL. 0 LL Z g ° Z U) 0) UO ?J 00 H W m p m ° W ;7 J J -j -j 0 Z M LL cwna z w ma 0 3o g? z R U n Goo ? w O d E E Z 7 t Q ?- Q N Q w co O to L i n 0 0 0 co M? co c0 O 0 O 0 LL U- z z 00 00 U U ?Np ?NpNp ?N?pp O O O O 0 0 0 0 M fM M ` ? f0 CO CO C9 Z W w o = O C9 0 a -? Z a Z z Z g a g a a- a. w 0 -1 0 O LL. O w -1 0 -j 0 LL z o LL o LL w LL w M Q Q r Q N Q M a Q N Q r Q N Q p 0 a U N L v 5 d W N W M W IV W 0 W N 4- 0 N N O) td a O J m C 3 c? L U z aD O a 0 z O U D H z O U U) U) (1) Cl) CD Cl) CD O O C9 CD (D (D O z z z z z z z z z Ix d N ? ? F- F- H H H H E x w x O W W W W I W W W c L l2 Li IZ L LL Ok L U r r m Y •? co co ao O co $ co O O 00 O co 00 O LO CN LLo r- L r- 04 LO 04 L 04 L C*4 LO 04 L N ? O O O O O O O O O O O co O co O cn co O co O O O co O O O 00 O co O O O m M LM f? f\ L 7 f? L` M M G co O ra 0 (O <O \ ?G w CO CO (\O z U) m a z z O cn 0 z z w z a J Q fn W m o g a. g Z U O o a a =?F- Q O -1 CC O w O O L z O LL O LL LL L JELL. z z J z a m WW5 ZOw c ~ n L) U) U O Q (n OU O a¢ a wa w o w V r c n LL U. LL w U ? N M E V LO W N r N M C N CO 2 4 z 0 w m N o o a x = = E a a s 4 cn C14 0 w w z a co ATTACHMENT 'T" -- FINAL RELEASE S AGREEMENT, made this day of , 200, by and between MASS Construction Group, Inc, a Pennsylvania corporation of Harrisburg, PA (hereinafter referred to as "Contractoel, and [Sub Nate] of [Sub Ci , State. Z1D1 (hereinafter referred to as "SubContractor"). WHEREAS, by a duly executed SubContract Agreement (hereinafter referred to as "Contract") dated the [SubContract Day of Month1 in the year 20_, between Contractor and SubContractor in the original amount of $1$'s (numbers 1 fj$'s (words)l Dollars) whereby the SubCon "'or has agreed to provide work, labor, and/or materials in the performance of [Work Description] Construction Package for r N me - PROJECT NO. WHEREAS, and he of the Original Contract plus Change Orders for a revised contract amount totaling $ , of which the sum of $ has already been paid, and with acceptance of the final payment of $ , 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 its r ti of ,the Owner in the property by, or in the name of, the Subcontractor, its laborers or materialmen, for work performed on t or materials furnished to the Project, under the Contract or by any other party acting through or under said parties in the o all sums received by the SubContractor. 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 further acknowledges and agrees that the date herein written will be considered the commencement date 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 . the undersigned Notary, personally appeared who acknowledged himself/ herself to be the owner/partner/president/vice-president/agent of lSub Name] , a Corporation/Partnership/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 [Sub Name] by himselftherself, as owner/partner/president/vice-president/agent. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Notary Public My Commission Expires: .ODUCER . CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW COMPANIES AFFORDING COVERAOE COMPANY Insurance Company A 31.01190 COMPANY e COMPANY C COM PA D ,. CERTIFY THAT THE POLICIES Of msupANCEIISTw 9ELGW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY THIS 18 TO NOTWITHSTANDING ANY REQUIREMENT. TERM OR ATED CONDITION OF ANY CONTRACT OR OTHER DOCUMENTAITH . PEfWQ INDIC ATE MAY GO ISSUED OR MAY PERTA I THE INSURANCE AFFOROEO BY THE POLICIES DESCRIBED HEREIN IN FIC RESPECT TO WHICH THIS CERT NS AND CONDITIONS OF SUC , LIMITS SHOWN MAY HAVE SEEN REDUCED BY PAID CLANS. H POLICES 13 SUBJECT TO ALL THE TERMS. EXCLUSIO , I POLIO EfPECT(VS BXf(RATI)N R TYPE OF BRBURANCI POLICY NUMOIER PATE (mmimYY) DATE (MAVDOr" LImm 0 ITY OENE2ALAOOR80ATE S 1,0 00 G I ENERAL LIABIL ENERAL UAIILfTY C POLICY NUMBER WAX I/1/XX FROOUCTS -CONP/OF AGO S 1,Y0 860 COMME2CNAL G _..A OB I?t I_. O FGRSONALO ADV INJURY S 1,Q00f000' CI.AM M A t ?S P&oyy R f EACH OCCUMU11K8 $ 1,000,000 AC Ok OWNIAB Z CONT 000 000 S 1 X 1128 DA34ACM (AAy on E94 , , ER. PAO)ECT AGO MED EXP (Any an POW) S .7,V e A UTOMOBILE LIABILTY POLICY NUMB 1/I= 1/1/XX COMBINED SINOLE LIMIT S 11000,000 X ANY ALITO ALLOWNED AUTOS IOOILYROURY (PER FERSO" SCHEDULED AUTOS y '? ? I((RID AUTOS IOOILY WANLY M (PER ACCIOIWT1 HON•O%vMED AU PROPERTY OAM(AG6 AUTO ONLY • SA ACCIOINT O ARAOE LIABILITY OTMER TNAH AUTO ONLY. r. AMY AUTO VACHAMOMC A0OWATft ' EACH OCCUEAENCI ZD A1AL E Y XCISE LIAON.IT AGORBOATI UNIRaLLAFORM OTRU THAN UMIRILLA FORM D TION S X T Y LIMITS AN A WORKERS COMPEN 000 S 109 ITY EACH ACCIDENT , IMPLOYIRV LWIL 000 S 500 >t? POLICY NUMBER VIM I/I/XX DISMS1- POLICY LOAT , L THE RlMISTONFMTM 9 DISEASE • EACH ENFLOYEI T 100,00 tXEd1T1YE01F14fRf ARE i70Et OTHER a ]EBT IMIP.TION-0# OP?!i Please list "MASS Construction Group, Inc." as Blanket Additional insured, as required by written contract, with respect to work performed by the insured. RATION DATE THEREOF. THE *SUtNG OF COMPANY "LL ENDEAVOR TO MAR. ?YE WMTTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO rHE LEFT. BUT URE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF KM UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. This Agreement entered into as of the day and ,4: CMMCMR (Signature) Michael A. Sola, Vice President (Printed name and title) 10'fi41,g year fir;AJ. R (Signature) Navin General M anager (Printed name and title) AIA Document A401 TM -1997. Copyright ® 1915, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1972, 1978, 1987 and 1997 by The American Institute of Itdt Architects. All rights reserved. WARNING: This AIAe Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 14 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 15:49:39 on 09/10/2008 under Order No.1 0003 3 3288-3 which expires on 12/6/2008, and is not for resale. User Notes: (2814296388) ` The Genuine. The Original. II Overhead Door Co. of Harrisburg-York 576 Grandview Dr. Lewisberry, PA 17339 Phone: (717) 938-6101 Toll Free: (888) 938-6177 www.odchy.com Hanover Branch (717) 633-5852 Sold To: Mass Construction 681 Knight Rd Harrisburg, Pa 17111 Authorized: FOREST BRACKBILL/BILL LOY Phone: (717) 652-2230 INVOICE Date Page 12/02/2008 1 Invoice Number 128511 Ship To: SUTLIFF HUMMER/CADILLAC 6462 CARLISLE PIKE MECHANICSBURG, Pa 17055 Map: 3116*F1 Job Contact: FOREST/BILL Job Phone: (717) 652-2230 r-- Customer No. Order No. Order Date PO Number Terms MAS08 91868 09/17/2008 02-08-3807-10 NET030 Notes: Original Contract Amount: $19802.00 Change Order #1: $ 391.00 Revised Contract Amount: $20193.00 Qty. Ord. Item Number / Description Extended Price 1.00 901 Furnish & Install: 1.00 LABCL Labor to Install Doors & Operators Total: Subtotal: Total Amount: Deposit: Amount Due: EXHIBIT 8 3,850.0 3,850.00 3,850.00 0.00 3,850.00 The Genuine. The Original. Overhead Door Co. of Harrisburg-York 576 Grandview Dr. Lewisberry, PA 17339 Phone: (717) 938-6101 Toll Free: (888) 938-6177 www.odchy.com Hanover Branch (717) 633-5852 Sold To: Mass Construction 681 Knight Rd Harrisburg, Pa 17111 Authorized: FOREST BRACKBILUBILL LOY Phone: (717) 652-2230 INVOICE Date Page 11/26/2008 1 Invoice Number 128465 Ship To: SUTLIFF HUMMER/CADILLAC 6462 CARLISLE PIKE MECHANICSBURG, Pa 17055 Map: 3116*F1 Job Contact: FOREST/BILL Job Phone: (717) 652-2230 Customer No. Order No. Order Date PO Number Terms MAS08 91868 09/17/2008 02-08-3807-10 NET030 Notes: Original Contract Amount: $19802.00 Change Order #1: $ 391.00 Revised Contract Amount: $20193.00 Qty. Ord. Item Number / Description Extended Price 1.00 914 Material Stored 2.00 00191868 10'2" x 12'1" 521 Series HD Commercial Aluminum 2.00 00291868 JST Jackshaft Side Mount 1/2 HP 208-3-60 1.00 00391868 4'0" x 7'4" 630 Rolling Fire Door 1.00 00491868 4'0" x 7'4" 630 Rolling Fire Door 1.00 903 Change Order #: 1 1.00 500 Change (1) 630 series 4'-0" x 7'-4" to 6-0" x 7'-4" Total: Subtotal: Total Amount: Deposit: Amount Due: 15,793.00 15,793.00 15,793.00 0.00 15,793.00 Thz Glenuine. The Original. Overhead Door Co. of Harrisburg-York 576 Grandview Dr. Lewisberry, PA 17339 Phone: (717) 938-6101 Toll Free: (888) 938-6177 www.odchy.com Hanover Branch (717) 633-5852 Sold To: Mass Construction 681 Knight Rd Harrisburg, Pa 17111 Authorized: FOREST BRACKBILUBILL LOY Phone: (717) 652-2230 INVOICE Date Page 10/03/2008 1 Invoice Number 127676 Ship To: SUTLIFF HUMMER/CADILLAC 6462 CARLISLE PIKE MECHANICSBURG, Pa 17055 Map: Job Contact: FOREST/BILL Job Phone: (717) 652-2230 Customer No. Order No. Order Date PO Number Terms MAS08 91868 09/17/2008 02-08-3807-10 NET030 I I T Notes: Original Contract Amount; $19802.00 Qty. Ord. Item Number / Description 1.00 901 Furnish & Install: 1.00 LABCL Labor to Tear Down (2) Doors And Leave On Site Total: Subtotal: Total Amount: Deposit: Amount Due: 550.00 550.00 550.00 0.00 550.00 c?,pp?RUCnoN INCMPORATED P. O. Box 126337 Harrisburg, PA 17112 Ph : 717-652-2230 Subcontract Change Order Project: 02408-3807 Sutliff Cadillac 6462 Carlisle Pike Mechanicsburg, PA 17055 Subcontract: 2424 Change Order: 1 Date: 11/10/2008 To Contractor: Overhead Door Co of HBG/York 576 GRANDVIEW ROAD LEWISBERRY, PA 17339 The Contract is changed as follows: 630 Series Door Phase Code Description Amount 08-100000 M Cost to increase one (1) 630 series door in width from 4'0 to 5'0 due to actual opening $391.00 width maintained. The original Contract Amount was $19,802.00 Net change by previously authorized Change Orders $0.00 The Contract Amount prior to this Change Order was $19,802.00 The Contract will be increased by this Change Order in the amount of $391.00 The new Contract Amount including this Change Order will be $20,193.00 The Contract Time 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. O. Box 126337 Harrisburg, PA 17112 (Signature) V V I Cn?ogGE J By i? I G OQ Overhead Door Co of HBG/York SUBCONTRACTOR 576 GRANDVVW ROAD LEWISOtRRf, PA 17339 ate ate oc r a s iG00 ,#-AIA Document A401TM -1997 Standard Form of Agreement Between Contractor and Subcontractor AGREEMENT made as of the Ninth day of September in the year Two Thousand and Eight (In words, indicate day, month and year) BETWEEN the Contractor: (Name, address and other information) Mass Construction Group, Inc., Subchapter S Corporation 681 Knight Road Harrisburg, PA 17111 ; Telephone Number: 717-652-2230 `-' Fax Number: 717-652-8449 and the Subcontractor: (Name, address and other information) Overhead Door of Harrisburg-York 576 Grandview Drive Lewisberry, PA 17339 Telephone Number: 717-938-6101 Fax Number: 717-938-9359 J i The Contractor has made a contract for construction dated May 22, 2008 With the Owner: (Name, address and other information) Sutliff Enterprises, Inc. 802 South 16th Street Harrisburg, PA 17104 For the following Project: (Include detailed description of Project, location and address) Sutliff Cadillac - Addition 6462 Carlisle Pike Mechanicsburg, PA 17055 ADDITIONS AND DELETIONS: The author of this document has added information needed for its completion. The author may also have revised the text of the original AIA standard form. An Additions and Deletions Report that notes added information as well as revisions to the standard form text is available from the author and should be reviewed. A vertical line in the left 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 document 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 Subcontractors Association and the Associated Speciality Contractors, I nc. which Contract is hereinafter referred to as the Prime Contract and which provides for the furnishing of labor, materials, equipment and services in connection with the construction of the Project. A copy of the Prime Contract, consisting of the Agreement between Owner and Contractor (from which compensation amounts may be deleted) and the other i Contract Documents enumerated therein has been made available to the Subcontractor ; The Architect for the Project is: (Name, address and other information) ` N/A i . The Contractor and the Subcontractor agree as follows. I ARTICLE 1 THE SUBCONTRACT DOCUMENTS AIA Document A401 TM" -1997. Copyright O 1915, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1972, 1978, 1987 and 1997 by The American Institute of Init. Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the / maximum extent possible under the law. This document was produced by AIA software at 15:49:39 on 09/10/2008 under Order No. 10003332883 which expires on 12/6/2008, and is not for resale. User Notes: (2814296388) § 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 or oral. An enumeration of the Subcontract Documents, other than Modifications 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 AIA Document 201, 1997 edition shall be deemed for purposes of this Agreement to be references to the "Subcontractor" herein. §1.2.1 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. 11.3 The Subcontract may be amended or modified only by a Modification. The Subcontract Documents shall not be construed to create a contractual relationship of any kind (1) between the Architect and the Subcontractor, (2) between the Owner and the Subcontractor, or (3) between any persons or entities other than the Contractor and Subcontractor. § 1.4 The Subcontractor shall be furnished copies of the Subcontract Documents upon request, but the Contractor may charge the Subcontractor for the reasonable cost of reproduction. ARTICLE 2 MUTUAL RIGHTS AND RESPONSIBILITIES § 2.1 The Contractor and Subcontractor shall be mutually bound by the terms of this Agreement and, to the extent that the provisions of the edition of AIA Document A201 current as of the date of this Agreement apply to this Agreement pursuant to Section 1.2 and provisions of the Prime Contract apply to the Work of the Subcontractor, the Contractor shall assume toward the Subcontractor all obligations and responsibilities that the Owner, under such documents, assumes toward the Contractor, and the Subcontractor shall assume toward the Contractor all obligations and responsibilities which the Contractor, under such documents, assumes toward the Owner and the Architect. The Contractor shall have the benefit of all rights, remedies and redress against the Subcontractor which the Owner, under such documents, has against the Contractor, and the Subcontractor shall have the benefit of all rights, remedies and redress against the Contractor which the Contractor, under such documents, has against the Owner, insofar as applicable to this Subcontract. Where a provision of such documents is inconsistent with a provision of this Agreement, this Agreement shall govern. § 2.2 The Contractor may require the Subcontractor to enter into agreements with Sub-subcontractors performing portions of the Work of this Subcontract by which the Subcontractor and the Sub-subcontractor are mutually bound, to the extent of the Work to be performed by the Sub-subcontractor, assuming toward each other all obligations and responsibilities which the Contractor and Subcontractor assume toward each other and having the benefit of all rights, remedies and redress each against the other which the Contractor and Subcontractor have by virtue of the provisions of this Agreement. ARTICLE 3 CONTRACTOR § 3.1 SERVICES PROVIDED BY THE CONTRACTOR § 3.1.1 The Contractor shall cooperate with the Subcontractor in scheduling and performing the Contractor's Work to avoid conflicts or interference in the Subcontractor's Work and shall expedite written responses to submittals made by the Subcontractor in accordance with Section 4.1 and Article 5. As soon as practicable after execution of this Agreement, the Contractor shall provide the Subcontractor copies of the Contractor's construction schedule and AIA Document A401 Tm -1997. Copyright ®1915, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1972, 1978, 1987 and 1997 by The American Institute of Init. Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 2 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 15:49:39 on 09/10/2008 under Order No.1000333288_3 which expires on 12/612008, and is not for resale. User Notes: (2814296388) This Agreement entered into as of the day and CONTRACTOR (Signature) Michael A. Sola, Vice President (Printed name and title) /016`',0 year first writte , 104 TRACTOR (Signature) uce J. Navin General Manager (Printed name and title) AIA Document A401 M -1997. Copyright ®1915, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1972, 1978, 1987 and 1997 by The American Institute of Init. Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 14 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 15:49:39 on 09/10/2008 under Omer No.1000333288_3 which expires on 12/6/2008, and is not for resale. User Notes: (2814296388) The Genuine. The Original. I Muft Alkh?.. i h Overhead Door Co. of Harrisburg-York 576 Grandview Dr. Lewisberry, PA 17339 Phone: (717) 938-6101 Toll Free: (888) 938-6177 www.odchy.com Hanover Branch (717) 633-5852 Sold To: Mass Construction 681 Knight Rd Harrisburg, Pa 17111 Authorized: Mike Sola Phone: (717) 652-2230 INVOICE Date Page 02/06/2009 1 Invoice Number 129420 Ship To: Sutliff Hummer/Cadillac 6462 Carlisle Pike Mechanicsburg, Pa 17050 Map: Job Contact: Mike Sola Job Phone: (717) 652-2230 Customer No. Order No. Order Date PO Number Terms MAS08 92133 10/09/2008 2419 02-08-3807 NET030 Notes: Original Contract Amount $11429.98 Change Order #1: $ 630.70 Change Order #2: $ 360.40 Change Order #3: $ 870.26 Revised Contract Amount: $13290.36 O .Ord. Item Number / Description 1.00 499 Customer Pick-up: 2/3/09 1.00 PDPHM Personnel Door Materials As Follows: 1.00 PDP134 Jamb 70534L 3.00 PDP135 Jamb 70534R 4.00 PDP125 Head ME416 30534HD 1.00 00292133 Head, 36 ME416 5 3/4 4" 1.00 PDP541 Head, 36 5 5/8 MH416 2.00 PDP159 Head MH416 30558 HD 1.00 PDP236 Head 60 MH416 5 5/8 1.00 PDP152 Jamb, 70558 L 2.00 PDP153 Jamb 70558R 1.00 PDP233 Jamb 70 5 5/8 UL Double Swing 2.00 PDP193 Door, DM418 3070FCHCR Insul 1.00 00492133 Door, 3670 FC HC CR DM418 6.00 PDP116 Door DM418CR 3070 FCHCR 2.00 PDP117 Door DM418CR 3070 FMOLCR 5.00 PDP282 Lite Frame 6" x 27" VLF-EZ 1.00 PDP258 Lite Frame 24" x 30" 1.00 00191937 Door, 3070 S.C. Flush Birch 6.00 PDP568 Hinge, FBB179 4.5 x 4.5 NRP US26D 36.00 PDP567 Hinge, FBB179 4.5 x 4.5 US26D 3.00 PDP207 Exit Device 2100/36/SB/BN 3.00 PDP210 Exit Lever Trim AU546F 8.00 PDP199 Lockset, AU5307 Ent. US26D 1.00 PDP201 Lockset, AU5302 Priv. US26D 13.00 PDP292 Closer #3501 SB 9.00 PDP307 Kickplate 8" x 34" US32D 1.00 00892133 Kickplate, 8" x 40" US32D 1.00 00992133 Kickplate, 8" x 46" US32D 4.00 PDP175 Surface Bolt #580 US2C 1.00 01092133 Hook, Coat #796 US26D 1.00 PDP141 Astragal "Z" 70DM4LH 3.00 PDP519 Threshold, S204A 36" 1.00 01192133 Theeshold, S204A 84" 3.00 PDP656 W/S #769A 36" x 84" 1.00 01292133 Weather Stripping, #769A 84" x 84" The Genuine. The Original. I I I Overhead Door Co. of Harrisburg-York 576 Grandview Dr. Lewisberry, PA 17339 Phone: (717) 938-6101 Toll Free: (888) 938-6177 www.odchy.com Hanover Branch (717) 633-5852 Sold To: Mass Construction 681 Knight Rd Harrisburg, Pa 17111 Authorized: Mike Sola Phone: (717) 652-2230 INVOICE Date Page 02/06/2009 2 Invoice Number 129420 Ship To: Sutliff Hummer/Cadillac 6462 Carlisle Pike Mechanicsburg, Pa 17050 Map: Job Contact: Mike Sola Job Phone: (717) 652-2230 Customer No. Order No. Order Date PO Number Terms MAS08 92133 10109/2008 2419 02-08-3807 NET030 Notes: Qty. Ord. Item Number / Description 4.00 PDP216 Sweep #825A T-0" 1.00 01392133 Sweep, #825A 48" 16.00 PDPFILLER Sill Anchors 16.00 PDPFILLER 3/4" P.H.T.S. 8.00 PDPFILLER Plugs 36.00 PDPFILLER Silencers 60.00 PDPFILLER Wire Anchors 6.00 PDPFILLER Filler Plate 2 1/4" 6.00 PDPFILLER Filler Plate 4 7/8" 2.00 PDPFILLER Filler Plate 8" 1.00 01692133 Lite Frame, 30" X 30" 1.00 02092133 Frame, 3070 8" MH416 1.00 01792133 Door, 3068 DL418 H.M. 1.00 01892133 Frame, 3068 8" MH416 LH 3.00 PDP568 Hinge, FBB179 4.5 x 4.5 NRP US26D 1.00 PDP199 Lockset, AU5307 Ent. US26D 1.00 01992133 Deadlock, #35228 626 1.00 PDP292 Closer#3501 SB 2.00 01592133 Door, 3670 FCH CR DM418 A-Label 4 Total: Subtotal: Total Sales Tax: Total Amount: Deposit: Amount Due: 541.681 9,569.681 0.00 1 9,569.681 'The Genuine. The Original. 44 Overhead Door Co. of Harrisburg-York 576 Grandview Dr. Lewisberry, PA 17339 Phone: (717) 938-6101 Toll Free: (888) 938-6177 www.odchy.com Hanover Branch (717) 633-5852 Sold To: Mass Construction 681 Knight Rd Harrisburg, Pa 17111 Authorized: Mike Sola Phone: (717) 652-2230 INVOICE Date Page 10/31/2008 1 Invoice Number 128080 Ship To: Sutliff Hummer/Cadillac 6462 Carlisle Pike Mechanicsburg, Pa 17050 Map: Job Contact: Mike Sola Job Phone: (717) 652-2230 Customer No. Order No. Order Date PO Number Terms MAS08 F 92133 T 10/09/2008 F 2419 02-08-3807 NET030 Notes: Original Contract Amount $11429.98 Change Order #1: $ 630.70 Change Order #2: $ 360.40 Revised Contract Amount: $12421.08 Qty. Ord. Item Number / Description 1.00 908 Furnish & Deliver: 10/31108 1.00 PDPHM Personnel Door Materials As Follows: 3.00 PDP134 Jamb 70534L 2.00 PDP135 Jamb 70534R 1.00 PDP136 Jamb 70534DS 4.00 PDP125 Head ME416 30534HD 1.00 00192133 Head, 70 ME416 5 314 FB 4" 1.00 00292133 Head, 36 ME416 5 3/4 4" 2.00 PDP193 Door, DM418 3070FCHCR Insul 1.00 00392133 Door, 4070 FOL CR DL418 INS FB 9.00 PDP568 Hinge, FBB179 4.5 x 4.5 NRP US26D 2.00 PDP207 Exit Device 2100/36/SB/BN 2.00 PDP210 Exit Lever Trim AU546F 2.00 PDP292 Closer #3501 SB 1.00 PDP219 Rim Strike Double Door #793 2.00 PDP184 #555 Flush Bolt 1.00 01492133 Borrowed Lites 1.00 MIPMSI Shipping Charges 1.00 903 Change Order* 2 1.00 908 Furnish & Deliver: 10/31/08 1.00 500 Add (1) 10'-1" x 4'-0" Borrowed Lite 1.00 10192133 Borrowed Lite, 10'-1" x 4'-0" Total: Subtotal: Total Sales Tax: Total Amount: Deposit: Amount Due: 3,511.0 3,511.00 210.66 3,721.66 0.00 3,721.66 MASS CONSTRUCTION GROUP INC ' MA P. 0. Box 126337 LW9 UCTIOIV Harrisburg, -217112 C ORPORATED Ph : 71752-2230 ,t?` Fax: 717-652-8449 PURCHASE ORDER To: PURCHASE ORDER M 2419 Overhead Door Co of HBGNork Date: 9/5/2008 576 GRANDVIEW ROAD Job: 02-08-3807 Sudiff Cadillac LEWISBERRY, PA 17339 Job Address: 6462 Carlisle Pike Mechanicsburg, PA 17055 Description: Doors and hardware The Entire PURCHASE ORDER consists of this cover document, and all referenced attachments. Scope of Purchase Order: Purchase Order No.: 02-08-3807-06 Phase Code: 08-000010-M Scope: Doors and hardware 1 Division 8 Subcontractors 11,429.00 Total Purchase Order Amount: $11,429.00 Inclusions: 13 - 3070 16 Gauge hollow metal door frames 3 - 367016 Gauge hollow metal door frames 1 - 6070 16 16 Gauge hollow metal door frames 4 - 3070 18 Gauge flush, insulated hollow metal doors 1 - 4070 18 Gauge flush, insulated hollow metal doors 6 - 307018 Gauge hollow metal doors 2 - 367018 Gauge hollow metal doors 6 - 3070 Solid core stain grade birch doors 1 - 3670 Solid core stain grade birch door 2 - 5070 Solid core birch bi-foid doors with track and hardware 3 - 16 Gauge Hollow metal door borrowed lites 18 - sets of finish hardware Cost includes delivery Exclusions: glass for doors or borrowed lites 'delete doors #202, 207 and 208 0` EREAD DOOR CO. N: t:;}jg?F:, . YORK . Page 1 of 2 MASS CONSTRUCTION GROUP INC P. O. Box 126337 Harrisburg, PA 17112 Ph : 717-652-2230 Fax: 717-652-W9 PURCHASE ORDER MAS ? UNRUCTION CORPORATED To: PURCHASE ORDER #: 2419 Overhead Door Co of HBG/York Date: 915/2008 576 GRANDVIEW ROAD Job: 02-08-3807 Sutliff Cadillac LEWISBERRY, PA 17339 Job Address: 6462 Carlisle Pike Mechanicsburg, PA 17055 Description: Doors and hardware The Entire PURCHASE ORDER consists of this cover document, and all referenced attachments. e J. Navin Jam' ? V4 11117109 Door Co of HBGNork Date MASS CONSTRUCTION GROUP INC Date Page 2 of 2 G n P. t. Box 121337 Harrisburg, PA 17112 Ph : 717-552-2230 Subcontract Change Order Project: 02-W3807 Sutliff Cadillac 6462 Carlisle Pike Mechanicsburg, PA 17055 To Contractor: Overhead Door Co of HBG/York 576 GRANDVIEW ROAD LEWISBERRY, PA 17339 The Contract is changed as follows: Revisions to Doors and Hardware Furnish and install the following: *Change doors 102, 108 and 200 to hollow metal with metal vision lites in doors 108 and 200 *Change hardware on door 104C from set'C' to set'B' *Change hardware on door 200 from set'D' to set' B' *Add door closer Subcontract: 2419 Change Order: 1 Date: 10/21/2008 Phase Code Description Amount 08-000010 S Door and hardware revisions $630.70 The original Contract Amount was $11,429.00 Net change by previously authorized Change Orders $0.00 The Contract Amount prior to this Change Order was $11,429.00 The Contract will be increased by this Change Order in the amount of $630.70 The new Contract Amount including this Change Order will be $12,059.70 The Contract Time will be unchanged. The date of Substantial Completion as of the date of this Change Order therefore is NOT VAUD UNTIL SIGNED BY THE SUBCONTRACTOR. MASS CONSTRUCTION GROUP INC CONTRACTOR P. O. Box 126337 Harrisburg, PA 17112 (Signature) Ger,Pr.g . SvIzt?z By 1 0 Date Overhead Door Co of HBG/York SUBCONTRACTOR 576 GRANDVIEW ROAD LEWISBERRY, PA 17339 (Signature) By Date SSTRUCnON U PGRATED P. O. Box 126337 Harrisburg, PA 17112 Ph : 717-652-2230 Subcontract Change Order Project: 02408-3807 Sutliff Cadillac 6462 Carlisle Pike Mechanicsburg, PA 17055 To Contractor: Overhead Door Co of HBG/York 576 GRANDVIEW ROAD LEWISBERRY, PA 17339 The Contract is changed as follows: Borrowed Lite Phase Code Description r ? i Subcontract: 2419 Change Order. 2 Date: 10/31/2008 Amount 08-000010 M Cost to replace 101" x 47 16 gauge hollow metal borrowed lite that was damaged on $360.40 site by a lift per proposal no. 1-31359 dated October 31, 2008. The original Contract Amount was $11,429.00 Net change by previously authorized Change Orders $630.70 The Contract Amount prior to this Change Order was $12,059.70 The Contract will be increased by this Change Order in the amount of $360.40 The new Contract Amount including this Change Order will be $12,420.10 The Contract Time 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. O. Box 126337 Harrisburg, PA 17112 (Signature) V V I Ceotar J. Su lre4 By 10 -31-08 Overhead Door Co of HBG/York SUBCONTRACTOR 576 GRANDVIEW ROAD LEWISBERRY, PA 17339 (Sigr) BY ate ate CnON arwkRATED P. O. Box 126337 Harrisburg, PA 17112 Ph : 717-652-2230 Subcontract Change Order Project Subcontract: 2419 02-08-3807 Sutliff Cadillac Change Order: 3 6462 Carlisle Pike pate: 11/72008 Mechanicsburg, PA 17055 To Contractor: Overhead Door Co of HBGNork 576 GRANDVIEW ROAD LEWISBERRY, PA 17339 The Contract is changed as follows: - Added door Fumish and deliver. 1 - 3068 16 gauge 8" drywall frame 1 - 3068 18 gauge flush hollow metal door 1 - set ball bearing NRP hinges 1 - keypad entrance loccset 1 - double cylinder deadlock - j 1 - door closer - I 1 - 8" x 34" kickplate Phase Code Description Amount 08-000010 M Door 104 E (cost includes tax) $870.26 The original Contract Amount was $11,429.00 Net change by previously authorized Change Orders $991.10 The Contract Amount prior to this Change Order was $12,420.10 The Contract will be increased by this Change Order in the amount of $870.26 The new Contract Amount including this Change Order will be $13,290.36 The Contract Time will be unchanged. The date of Substantial Completion as of the date of this Change Order therefore is NOT VAUD UNTIL SIGNED BY THE SUBCONTRACTOR. MASS CONSTRUCTION GROUP INC CONTRACTOR P. O. Box 126337 Harrisburg, PA 17112 (Signatu?e) GEQ?G? ? . Sv?2cR By I (- - OS' Overhead Door Co of HBGNork SUBCONTRACTOR 576 GRANDVIEW ROAD LEW BE Y, PA 17339 tore) Y ate ate U.S . Postal Sni vW0 ' CE RTIFIED 1?iAll ? (Do mestic Mad Only. No iris arancr r9 ;ovcrr?rle Nrc7vrc1c rr l7' C3 Is ra Q CNOW Fee O e o eai Requke (Erld O Reshided Delivery Fee ;= Imd) (Endoreemmlt M iA1L USE /zz/oe 1- Poetrlmrk Hare 10191 rP U5911 Cl rvoa I w /i, w 1 M C3 to r=I • Complete Items 1, 2, and 3. Also complete item 4 M Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can retum the card to you. ¦ Attach this card to the hack of the mailpiece, M or on the front if space permits. 1. Article A*Newsd to: A. Received by C. S. DOW of Delivery r.-.2 Late SuCBff Enterprises, Inc. $02 South 1 r St. HerrWxwg, PA 17104 13 Agent D. Is delivery address different from item 11 -?E3 Yes If YES, enter delivery add below: ? No e", C/ S 3. Type + Certified Mail O Express Mail ? Registered O Return Receipt for Merchandise ? Insured Mail ? C.O.D. 4. Restricted Delivery? (Extra Fee) ? v. Number (Copy from swvke - Article Nu 7 A 3 3 0 Q.p_1 4, 9 5 9 Ps Roam 3811, July 1t;si ? f9etu?rn Re?e?t 1e25V,00-M•0952 EXHIBIT d D I, Telephone 717/238-7151 Facsimile 717/238-7910 E-mail: robert.knuppQverizon.net Sutliff Enterprises, Inc. 802 South 16th St. Harrisburg, PA 17104 KNUPP LAW OFFICES, LLC ROBERT L. KNUPP, ESQUIRE Robert E. Knupp POST OFFICE BOX 630 (1909-1976) 407 NORTH FRONT STREET HARRISBURG, PA 17108-0630 June 22, 2009 Via Facsimile, certified mail, First class mail - o (Fax 717-909-4983) O O Re: Notice of Intent to File Mechanic's Lien Claim Contractor: Mass Construction Group, Inc. Subcontractor: Overhead Door Company of Harrisburg-York Property Address: 6462 Carlisle Pike, Mechanicsburg, PA (Sutliff, Cadillac Addition) Amount Due: $40,508.26 Dear Sir/Madam: I represent the above Subcontractor in connection with a claim for work performed on the property identified. I have been informed that you are the owner of the above property. The Subcontractor furnished labor and materials for the furnishing and installation of overhead doors, more particularly described in the scope of work attached to a certain AIA document A-401-1997. The work was completed on February 13, 2009. This Notice is to advise you that the Subcontractor intends to file a Mechanic's Lien against the above property. Please contact me or have your attorney contact me to arrange for payment in full within fifteen (15) days from the date of his letter. If any portion of this claim is disputed, you must notify us within thirty (30) days, indicating the nature of the dispute. If you do not inform us of any dispute regarding this claim in writing within that time, we will assume the claim to be valid. If you indicate a dispute, we will provide you with evidence concerning the validity of the debt. The fact that you have thirty (30) days to indicate a dispute may not prevent us from initiating proceedings within that time. Very truly yours, Robert L. Knupp RLK/pm THIS LETTER AND ALL FUTURE CORRESPONDENCE FROM THIS OFFICE IS AND WILL BE AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. cc: Bruce Navin Overhead Door Co. 576 Grandview Drive Lewisberry, PA 17339 OF DV ^rn n, a -+ A. 00 Pb ATN C,C.'P aic0o ads(.Iq Sheriffs Office of Cumberland County R Thomas Kline Sheriff 4y?1tlV 0t ?lttlyb?r? Ronny R Anderson S t c Chief Deputy; Z? ??tU 'U i1 j Jody S Smithy Civil Process Sergeant CE' - 'r,E `"ER"FF Edward L Schorpp Solicitor Harrisburg-York Overhead Door, Inc. vs. Case Number Sutliff Enterprises, Inc. 2009-5268 SHERIFF'S RETURN OF SERVICE 07/31/2009 04:15 PM - William Cline, Deputy Sheriff, who being duly sworn according to law, states that on July 31, 2009 at 1615 hours, he served a true copy of the within Mechanics Lien Claim, upon the within named defendant, to wit: Sutliff Enterprises, Inc., by making known unto Bill Kauffman, Director of Operations at 6462 Carlisle Pike Mechanicsburg, Cumberland County, Pennsylvania 17050 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $37.44 August 03, 2009 SO ANSWERS, FR THOMAS KLINE, SHERIFF 45ep5ty Sherif (X IN RE: HARRISBURG-YORK OVERHEAD DOOR, INC. T/A OVERHEAD DOOR COMPANY OF HARRISBURG-YORK Plaintiff V. SUTLIFF ENTERPRISES, INC. T/A CADILLAC HUMMER SAAB Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 4 J-S;V ? COMPLAINT AND NOW comes Harrisburg-York Overhead Door, Inc. T/A Overhead Door Company of Harrisburg-York and, pursuant to Pa.R.C.P. 1651, et seq., files its Compll?int seeking recovery of certain sums hereinafter set forth stating the following: 1. Plaintiff, is Harrisburg-York Overhead Door, Inc. T/A Overhead door Company of Harrisburg-York ("Overhead") with offices located at 576 Grandview Avenue, Lewisberry, Pennsylvania 17339. 2. The Defendant is Sutliff Enterprises, Inc. T/A Cadillac Hummer 00ab, ("Sutlifff'), a Pennsylvania Business Corporation, with offices at 6462 Carlisle Pike, Mechanicsburg, PA 17050. 3. The Plaintiff, as Subcontractor, filed its Claim for Mechanic's Lien to Nq.I 09- 5268 MLD in the Prothonotary's Office of Cumberland County, Pennsylvania on July 30, 2009. A true and correct copy of the Claim for Mechanic's Lien is attached as Exhibit "A," the contents of which are incorporated herein by reference. ` 4. Plaintiff demands judgment in its favor in the sum of Thirty-Three Thousand Two Hundred Thirty-Three Dollars and Thirty-Six Cents ($33,233.36) with interest from February 12, 2009. Respectfully submitted, Robert L. KnuJJp, E3'"\ Attorney ID No. 07083 P.O. Box 630 407 North Front Street Harrisburg, PA 17108-0630 Phone: 717 238-7151 Fax: 717 238-7910 Email: robert.knupp@verizon.net 2 VERIFICATION I, Robert B. White, have read the foregoing document and hereby affirm that it is true and correct to the best of my personal knowledge, or information and belief, This Verification and statement is made subject to the penalties of 18 Pa. C.S. §4904 r6l?ating to unsworn falsification to authorities. I verify that all the statements made in the foregoing and true and correct and that false statements may subject me to the penalties of 1 Pa. C.S. §4904. HARRISBURG-YORK OVERHEAD DOOR, INC., T/AOVERHEAD OR COMPANY OF HARRISBURG-YORK By: Title: V Y , i IN RE: HARRISBURG-YORK OVERHEAD DOOR, INC. T/A OVERHEAD DOOR COMPANY OF HARRISBURG-YORK Plaintiff V. SUTLIFF ENTERPRISES, INC. T/A CADILLAC HUMMER SAAB Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. Oq- SaIDS W b CLAIM FOR MECHANIC'S LIEN CI F. _ r ? AND NOW on this 6R a ? day of July, 2009, comes Harrisburg-York Overhead Door, Inc. T/A Overhead Door Company of Harrisburg-York, Subcontractor, pursuant to the Mechanic's Lien Law of 1963 (P.L. 1175 No. 497, §503, as amended (49 P.S. 51503) files this Claim of Lien as a Subcontractor against Sutliff Enterprises, Inc. T/A Codillac Hummer Saab, and against the Owner for the debt of Thirty-Two Thousand Nine Hundred Thirty-Three Dollars and Thirty-Six Cents ($32,933.36) together with lawful interest from February 13, 2009, due to it as Subcontractor stating the following claim: 1. The name of the Claimant is Harrisburg-York Overhead Door, Inn. T/A Overhead Door Company of Harrisburg-York . 2. The address of the Claimant is 576 Grandview Drive, Lewi0erry, Pennsylvania 17339. ExHIBrr Q ? ?a 3. The name of the Defendant against which this claim is filed is Sutliff Enterprises, Inc. T/A Sutliff Cadillac Hummer Saab. 4. The address of the site of the Defendant is 6462 Carlisle Pike, Mechanicsburg, Pennsylvania 17050. 5. The address of Sutliff Enterprises, Inc. is 802 South 161' Street, HardOurg, Pennsylvania 17104. 6. The Claimant contracted directly with Mass Construction Gro for work to be performed at Defendant's premises at 6462 Carlisle Pike, Pennsylvania, for the purposes of providing installation of garage doors. 6. The services were also performed pursuant to an AIA Contract (dated September 9, 2008, a copy of which is attached hereto as Exhibit "A." 7. The claim of the Claimant Harrisburg-York Overhead Door, Inc. T/A Overhead Door Company of Harrisburg-York, is based upon services performed in accordance with invoices attached hereto as Exhibit "B." 8. Notice of the intent to file this Claim was provided by Certified Mail or? June 22, 2009, a copy of which is attached as Exhibit "C." 2 9. The sum of Thirty-Two Thousand Nine Hundred Thirty-Three Dollars and Thirty-Six Cents ($32,233.36) together with interest from February 12, 2009 is due to the Claimant. The Claimant has no Note or other collateral security for its claim. Respectfully submitted, KNUPP LAW OFFICES, LLC Robert L. Knupp PO Box 630 407 North Front Street Harrisburg, PA 17108 (717/238-7151); FAX (717)238-7910 robert.knupp(&-verizon.net 3 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND : ss V_E131FICATION OVERHEAD DOOR COMPANY OF HARRISBURG-YORK By: Title: of Overhead Door Company of Harrisburg- I, York, a Subcontractor, being duly sworn deposes and states that it is the Claimant In the Ond above-named claim. I have read, on behalf of the Claimant, the foregoing claim) declare that so far as it is within my knowledge, all the facts set forth therein are true. Dated: 0 Z_ O ALED- 0 r-' -ICE OF ?c ti "Y 2009 SEP ! 1 P 12: 5 5 , 'v Sheriffs Office of Cumberland County R Thomas Kline Sher 'Or of C'rearb ' Ronny R Anderson ?s a Chief Deputy Jody S Smith J4 Civil Process Sergeant OFFICE cF T-E sxERWF Edward L Schorpp Solicitor OF OF ?B PRO t'L '7 '1' 24D9 SEA' 18 FM 2.41 d Harrisburg-York Overhead Door, Inc. vs. Sutliff Enterprises, Inc. Case Number 2009-5268 SHERIFF'S RETURN OF SERVICE 09/15/2009 12:32 PM - Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on September 15, 2009 at 1232 hours, he served a true copy of the within Complaint and Notice, upon the within gamed defendant, to wit: Sutliff Enterprises, Inc. t/a Cadillac Hummer Saab, by making known unto Bill Kauffman, General Manager at 6462 Carlisle Pike Mechanicsburg, Cumberland County, Pennsylvania 17050 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $37.44 September 16, 2009 SO ANSWERS, R THOMAS KLINE, SHERIFF Deputy heriff