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HomeMy WebLinkAbout09-6168A WOOLFORD LAW, P.C. By: Timothy J. Woolford Attorney I.D. 78941 By: Ciara C. Young, Esquire Attorney I.D. 202994 Wheatland Place 941 Wheatland Avenue, Suite 402 Lancaster, PA 17603 ROWE SPRINKLER SYSTEMS, INC. 7993 US Highway 522 Suite #1 P.O. Box 407 Middleburg, PA 17482 Claimant, V. Attorneys for Claimant, Rowe Sprinkler Systems, Inc. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. ©Q - lp to$ 94Jn INSITE DEVELOPMENT, LLC 1943 Monterey Drive Mechanicsburg, PA 17050 Respondent. MECHANIC'S LIEN CLAIM AND NOW, comes Claimant Rowe Sprinkler Systems, Inc. ("Rowe"), by and through its undersigned counsel, Woolford Law, P.C., who files this mechanic's lien claim as a contractor against the building hereinafter described and the curtilage appurtenant thereto for the payment of a debt due from Insite Development, LLC. 1. The improvement and property subject to the lien is located at #5 Cumberland Technology Parkway, Mechanicsburg, Pennsylvania 17050 (the "Property") 2. The Property upon which Rowe provided labor and materials is more specifically described in the Deed attached hereto and incorporated herein as Exhibit "A." 3. Upon information and belief, the fee owner of the Property is Insite Development, LLC ("Insite"), with an address of 1943 Monterey Drive, Mechanicsburg, Pennsylvania 17050. 4. Pursuant to 49 P. S. §1201(3), Insite is the owner of the Property. 5. In March of 2008, Rowe entered into a written contract with Insite to provide labor and materials necessary for furnishing, installing, testing and commissioning an automatic WOOLFORD LAW, P.C. By: Timothy J. Woolford, Esquire Attorney I.D. 78941 Ciara C. Young, Esquire Attorney I.D. 202994 Wheatland Place 941 Wheatland Avenue, Suite 402 Lancaster, PA 17603 ROWE SPRINKLER SYSTEMS, INC. Claimant, V. INSITE DEVELOPMENT, LLC Respondent. Attorneys for Claimant, Rowe Sprinkler Systems, Inc. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : No. 2009-6168 AFFIDAVIT OF SERVICE Commonwealth of Pennsylvania County of Lancaster : ss. Pursuant to Pa. R. Civ. P. Rule 405, the undersigned, being duly sworn according to law, deposes and says that: I am counsel for the Claimant in the above action. Pursuant to Pa. R. Civ. P. 402(a), I caused a true and correct copy of the Mechanic's Lien Claim filed in the above matter to be served upon Insite Development, LLC, Respondent, on September 17, 2009. A true and correct copy of the Proof of Service completed and signed by the Sheriff of Cumberland County, is attached hereto as Exhibit "A" and is incorporated herein by reference. 1 Ciara C. Young, Esquire Sworn to and subscribed before me, this 22nd day of September, Notary P NOTARK am WXYL PONOPWI NOWYN e UwAnW. I -- P I I Ca. M IMl? Coenaelm Eon Doc. 00, 2006 leomad anti mw-4 »p3twv"rA) Sheriffs Office of Cumberland County R Thomas Kline Sheriff ak?ty, ofuehb?r Ronny R Anderson 4 n r Chief Deputy Jody S Smith Y f Civil Process Sergeant MOE OF T4E s?iERIFF Edward L Schorpp Solicitor Rowe Sprinkler Systems, Inc. vs. Insite Developement, LLC Case Number 2009-6168 SHERIFF'S RETURN OF SERVICE 09/17/2009 01:25 PM - Valerie Weary, Deputy Sheriff, who being duly sworn according to law, states that on September 17, 2009 at 1325 hours, she served a true copy of the within Mechanics' Lien Claim, upon the within named defendant, to wit: Insite Development, LLC, by making known unto Rachel Stum, adult in charge at adult sister at 2055 Technology Parkway Mechanicsburg, Cumberland County, Pennsylvania 17055 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $37.44 September 18, 2009 SO ANSWERS, R THOMAS KLINE, SHERIFF By Deputy Sher if Fi'u (. 2009'S'E' 3 23 Psi 1• ! 1 fire sprinkler protection system at the Property (the "Contract"). A true and correct copy of the Contract and a copy of the signed Contract page are attached hereto as Exhibit "B." 6. Rowe's work included, but was not limited to, designing, furnishing, installing, testing and commissioning an automatic fire sprinkler protection system. 7. Rowe completed its work in a good, timely and workmanlike manner. 8. Rowe submitted Applications and Certificates of Payment to Insite in accordance with the Contract. Attached hereto and incorporated herein as Exhibit "C" are true and correct copies of the Applications detailing the kind and character of the labor and materials furnished and the prices charged for such labor and materials. 9. Rowe last performed work at the Property on June 9, 2009. In accordance with 49 P.S. §1502(l), this claim is filed within six (6) months of the completion of work. 10. The total amount due and owing under the Contract is $27,440. WHEREFORE, Rowe Sprinkler Systems, Inc. claims to have a lien upon the Property herein described in the amount of $27,440. Respectfully submitted, WOOLFORD LAW, P.C. By: Timothy J. Woo fo d Attorney I. D. No. 8941 Ciara C. Young Attorney I.D. No. 202994 Wheatland Place 941 Wheatland Avenue, Suite 402 Lancaster, PA 17603 P: 717-290-1190 F: 717-290-1196 ex ?D b; f A 0910912009 09:38 Patricia Black Abstracting (FAX)717 337 2248 P.0021005 I P-OBERT P. KEGLER „ C iEC'ORDER OF DEED= W N 12 RM B 42 THIS DEED Tax Parcel Nos. 10-14-0838-023 Madre the29.!t:.day of March, in the year of our Lord two thousand seven (2007) Bed?esn MT. ZION ASSOCIATES L.P., a Pennsylvania limited partnership, party of the first part ("Grantor') AND INSITE DEVELOPMENT, LLC, a Pennsylvania limited liability company, party of the second part ("Grantee") WITMESSM, that the said Grantor, for and in consideration of the sum of Eight Hundred Forty Thousand and 00/100 ($840,000.00) Dollars lawful money of the United States unto Grantor well and truly paid by the Grantee, the receipt of which is hereby acknowledged, does hereby grant, bargain, sell, alien, enfeoff, release, convey and confirm unto the said Grantee, Grantee's successors and assigns, LOT 5: ALL THAT CERTAIN tract of land situate in the Township of Hampden, Cumberland County, Pennsylvania known as Lot 5 on the Final ReSubdivision Plans Phase 2A and 2B for Cumberland Technology Park recorded in Plan Book 81 page 53 and bounded and described as follows: BEGINNING at an iron pin, said point being the southeastem comer of the intersection of Mt. Zion Road, having a 50 foot legal right-of-way and Technology Parkway, having a 80 foot legal right-of-way; thence along the southern right-of-way line of Mt. Zion Road South 79 degrees 33 minutes 17 seconds East a distance of 180.68 feet to a point on said southem right-of-way line of ML Zion Road; thence leaving said right-of-way line and along the property now or formerly Russel C. Mack & Anna E. Meck South 14 degrees 40 minutes 43 seconds West a distance of 152.88 feet to a point; thence continuing along the property now or formerly Russel C. Meck & Anna E. Meck South 79 degrees 33 minutes 17 seconds East a distance of 99.79 feet to a point on the One of property now or formerly Lary S. Myers and Audrey M. Myers; thence along said property now or formerly Larry S_ Myers and Audrey M. Myers South 20 degrees 08 minutes 36 seconds West a distance of 272.25 feet to an iron pin, said point being the common comer of now or formerly Larry S. Myers and Audrey M. Myers, now or formerly Pinnacle Health Hospitals and the tract of land herein described; thence along said now or formerly Pinnacle Health Hospitals South 62 degrees 20 minutes 41 seconds West a distance bf 157.13 feet to an iron pin on the eastern right- SLl 7075680M00000.0D000 UV 279 "•r- .39S 0910912009 09:39 Patricia Black Abstracting (FAX)717 337 2248 P.0031005 of-way line of Technology Parkway; thence along said eastern right-of-way fne of Technology Parkway along a curve to the right having a radius of 455 feet and a length of 302.72 feet to an iron pin on the eastern right-of-way line of Technology Parkway; thence continuing along the eastern right-of-way line of Technology Parkway North 10 degrees 27 minutes 53 seconds East, a distance of 205.62 feet to an iron pin on the eastern right-of-way line of Technology Parkway, thence continuing Wong the eastern right-of-way line of Technology Parkway along a curve to the right having a radius of 25.00 fleet and a length of 39.26 feet to an iron pin on the eastern right-of-way line of Technology Parkway, said point being the juncture of Technology Parkway and Mt. Zion Road, said also being the place of BEGINNING. CONTAINING 104,584.05 square feet (2.401 acres), more or less. EXCEPTING AND RESERVING a 20 foot wide tral easement and a detention basin easement more particularly bounded and described on Final Resubdivision Plans, Phase 2A & 213 for Cumberland Technology Park, recorded in Cumberland County Plan Book 81 Page 53. BEING A portion of property which McNaughton Properties, Inc., a Pennsylvania corporation, by deed dated November 4, 1997 and recorded November 5, 1997 in Cumberland County Deed Hook 167, Page 327, granted and conveyed unto Mt. Zion Associates L.P., a Pennsylvania Limited Partnership. Being Tax Parcel 10-140839-023 UNDER AND SUBJECT to all restrictions, reservations, easements, covenants, conditions and rights-of-way of record. TOGETHER with all and singular the hereditements and appurtenances thereunto belonging or in anywise appertaining and the reversions and remainders, rents, issues and profits thereof and all the estate, right, title, interest, property, claim and demand whatsoever of the Grantor, in law, equity or otherwise, of, in and to the same and every part thereof. TO HAVE AND TO HOLD the above-described premises with the appurtenances unto the Grantee, Grantee's successors and assigns, forever. AND the said Grantor hereby covenants and agrees that it will warrant specially the property hereby conveyed. 5L1 70756BOAMOD00AD000 8* PAGF 397 0910912009 09:39 Patricia Black Abstracting (FAX)717 337 2248 P.0041005 In **now Wwoof, the Grantor has hereunto set its hand and seal the day and year first above written. ATTEST: (Asst.) Secretary Mt. Zion Associates, L.P. by its sole General Partner, Mt. Zion Associates, Inc. BY= . &v(r Philf? Markovitz Vice President Common Psnnaylvania ; SS.: County of . On this, the ? LIW day of March, 2007, before me, a Notary Public, the undersigned officer, personally appeared Philip Markowitz, Vice President of Mt. Zion Associates, Inc., a Pennsylvania corporation, the sole general partner of Mt. Zion Associates L.P., a Pennsylvania limited partnership, known to me (or satisfacto proven) to be the person whose name is subscribed to the within deed and acknowledged that he as such officer executed the same for the pu contained on behalf of the corporation, as general partner of the fimlted In Wltneas Whereof, I hereunto set myArik! and adficial seal. N.KKOOK DEKFM Sw4w. CM* No" PH* hlry Pu is 04 My Cmvislan " I ?? Jun W My Co301ssion Expires: Do" 1 HerOy Certify that the precise residence of the Grantee is: 1943 Monterey Drive. Mechanicsburg, PA 17050 SL I 707568x1/000000.00000 Attorney for Grantee 80lc 279 PAGE 3% 0910912009 09:40 Patricia Black Abstracting Commonwealth of Pennsylvania . SS.: County of Cumberland . (FAX)717 337 2248 P.0051005 Recorded on this day of . 2006, in the Cumberland County Recorder of Deeds Office in Record/Deed Book , Volume , Page Given under my hand and the seal of the said Office the date above written. Cumberland County Recorder of Deeds S:1LegallDeedslCumberiandTech-DeedtolnsiteDev.wpd 3/910712:58 PM I Certify this to be recorded In Cumberland County PA i% t Recorder of Deeds ;W M -4 -V 9 -4 «.•mo.o --? cn cL •Tt .N Gr s r- a r- -4 Mr" 800!( 279 PACE 399 SLl 707568vl/000000.00000 r 3 0 0 m L- 461 CM pppp pp G 0 4 O O 4 O C O O G; A b e?q •i 4 In C ?o w ?,??.r b;-f ? m m n C<k ; m olti':I w m o g 0 0 .t Document A107" - 2007 *AIA Standard form of Agreement Between Owner and Contractor for a Project of Limited Scope i AGREEMENT made as of the day of March in the year 2008 (In 1tRords, indicate day. month and .rear) BETWEEN the Owner. (Nance, address and other information) Insitc Development 1943 Monterey Drive Mechanicsburg, PA 17050 717-319-1159 and the Contractor. (Narne address and other information) Rowe Sprinkler Systems, Inc. 7993 US Highway 522 P.O. Box 407 Middleburg, PA 17482 570-837-7647 for the following Project: (Name, location and detailed description) 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 Ade0ons and Deletions Report that notes added information as wet 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. Comfort Suites Mechanicsburg #5 Cumberland Technology Parkway Mechanicsburg, PA 1705OConstruction of 4-Story Comfort Suites Mechanicsburg PA The Architect: (Name, address and other information) MWT Ken E. Lofstrand 520 Collins Aikman Drive Suite 200 Charlotte, NC 28262 Init. The Owner and Contractor agree as follows. Rowe Sprinkler Systems. Inc. shall design, furnish, install. test and commission automatic fire sprinkler protection in accordance with NFPA #13R for the four-story hotel and underground parking garage, with standpipe system in accordance with NFPA #14, and electric fire pump in accordance with NFPA #20. All work shall be in accordance with the PA Uniform Construction Code, and applicable editions of the above standards as referenced in the PA UCC (as may be modified by adapted local amendment) shall be used. AtA Doeument A107- - 2007. Copyright 01036.1951,1956.1961,1963,1966.1970.1074,1978.1 tis7,1907 and 2007 by The Amerkm Institute of Aichitecls. All tights reserved. >ar> rtutaIM This r lAs Oocuroo tis propeeftd by UJL Copyright lave end tnbns 'ThwrUu. Unw hortsd reprodradlon or dfsphxrtfou of this 10 Documera. or any portion eta, matt result In severe birl and criodad pmotbes. and will be proisreuted to the nnasim m sx%nt,peasibis underthe law. Ths documora was produced by ALA soltware at 1&:4522 on 0o71n00e under Order No.1000306957_1 wfach expires on 6?13+2DX and is not for resale. User Notes: ; (508016665) Rowe Sprinkler Systems, Inc, shall furnish fire protection design including summary of work (see Attachment "l3"), as well as Submittals consisting of shop drawings, hydraulic calculations, and catalog data, reviewed by a Registered Design Professional employed by Rowe Sprinkler Systems, Inc., Submittal is to be submitted as a deferred submittal to the local Authority Having Jurisdiction, as allowed under the PA UCC. IniL AIA Oocun*M A107- - 2007. Copydlpht 01936. 1951.1 M, 1961. T963,1966. 1970. 1974, 197& 1967,1997 and 2007 by The AnfM"n inst4 to of ArdNIsM All r4p is reserved. WARN99k ThIB AEA LloasaeeM Is protected by U,S. Copyright taw and frtrru of Trealles. Wmithodmod reproduction or distbuMan of We AW Document, or any portion as #t, may nmM In sewe"and p doo, and will be prooocuted to the n=knM extentpaaeM antler the taw. This doWroort eras produced by AIA software at 16AS 22 on 03t0 MDW LuWw Order No. 1000306957j which expires on W1372 5, aid is not for resaro: user Notes: (308o16885) r I TABLE OF ARTICLES 1 THE WORK OF THIS CONTRACT 2 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 3 CONTRACT SUM 4 PAYMENT 5 DISPUTE RESOLUTION 6 ENUMERATION OF CONTRACT DOCUMENTS 7 GENERAL PROVISIONS 8 OWNER 9 CONTRACTOR 10 ARCHITECT 11 SUBCONTRACTORS 12 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS 13 CHANGES IN THE WORK 14 TIME 15 PAYMENTS AND COMPLETION 16 PROTECTION OF PERSONS AND PROPERTY 17 INSURANCE & BONDS 18 CORRECTION OF WORK 19 MISCELLANEOUS PROVISIONS 20 TERMINATION OF THE CONTRACT 21 CLAIMS AND DISPUTES ARTICLE 1 THE WORK OF THIS CONTRACT The Contractor shall execute the Work described in the Contract Documents, except as specifically indicated in the Contract Documents to be the responsibility of others. The Contractor's work shall not include: (1) unspecified material or equipment not required for the normal operation of the system or to comply With the original expressed intent (2) changes in location, sizes or capacities of equipment, materials and facilities required by modifications to the original concept and design as expressed in Fl? Attachment "B": (3) sizing or finishing equipment unless expressly required by the contract; and (4) design changes required to meet applicable building codes and ordinances including, but not limited to, changes from specified or indicated items. AJA Doan M1 A10r- - 2007: Copyright 4'r 1936,1951, 1958,1961. 1963,196&, 1970.1974, 1978,1967,1997 and 2007 by The Amedcan Institute oI Init. Aschuech. AN rights reserved. WARHN O.- TWX AJAR Doo MMA Is profpobd by UAL Copyright tow"international Treoges. Unauthorized 3 reproduction or dUWlbution of this Al Dgaanent, or my pordon or 4, may remit to severs ctxR and edmkW peiqtdea, atld will be prosecuted to the 1 maximum ssbrit possbb under the law. This document was produced by AtA software at 16:4572 on 0310712006 under Order No.1000906957_1 which expires on 0 32M. and is not for resale, user Notes: (508016885) ARTICLE 2 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION § 2.1 The date of commencement of the Work shall be the elate of this Agreement unless a different date is stated below or provision is made for the date to be fixed in a notice to proceed issued by the Owner. (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.) ! Date of commencement 3/17/06 § 2.2 The Contract Time shall be measured from the date of commencement- § 2.3 The Contractor shall achieve Substantial Completion of the entire Work not later than (1/17/09 (Insert number of calendar days. Alterrtotively, u calendar date may be used it-hen coordinated with the date of Commencement. If appropriate, insert requirements for earlier Substantial Completion of certain portions of the lyprlw) , subject to adjustments of this Contract 'i ime as provided in the Contract Documents. (Insert provisions, if any for liquidated damages relating to failure to achieve Substantial Completion on time or for bans payments forearly completion of the Work.) ARTICLE 3 CONTRACT SUM § 3.1 The Owner shall pay the Contractor the Contract Sum in current funds for the Contractor's performance of the Contract. The Contract Sum shall be be Two Hundred Sixty Thousand Dollars (S 260,000.00 ), subject to additions and deletions as provided in the Contract Documents. (Check the appropriate box.) [ X J Stipulated Sum, in accordance with Section 3.2 below [ J Cost of the Work plus the Contractor's Fee, in accordance with Section 3.3 below [ ] Cost of the Work plus the Contractor's Fee with a Guaranteed Maximum Price, in accordance with Section 3.4 below IniL (Based oil the selection above, complete Section 3.2, 3.3 or 3,4 below.) § 32 The Stipulated Sum shall be Two Hundred Sixty Thousand Dollars (S 260,000.00), subject to additions and deletions as provided in the Contract Documents. § 32.1 The Stipulated Sum is based upon the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner: (State the numbers or other identification of accepted alternates. If the bidding or proposal documents permit the Owner to accept other alternates subsequent to the execution of this Agreement, attach a schedule of such other alternates showing the amount for each and the date iviten that amount expires.) Guest. Bathrooms Add 510,000 Attic Add $54,000 § 31.2 Unit prices, if any (Identify and state the unit price, and state the quantity limitations, if any. to ititich the unit price will be applicable.) AFA DovxnvA A107- - 2ti07. C pyri0t *19W. 1951, 19M. 1961. 1963, 1966, 1970 1974, 1978, 1987.1997 and 2W byThg Mserieen InOduto of Architects. AN rights reserved. WARNORk Tits A10 :Document to proppeted by U& C;opyright'Low and International Tmatim UnwAborUrod nnwaduetion or drxtnibudon of this A10 Docunreot, or smy pardon of It 'eray twill in severe" snd of lnai pat dues, vW will be prosecuted to the maxhnm extent possible undertbe tow. This document was produced by AIA software at 16:45:22 on 03417!2008 under Order No.I0003t16957_7 which expires an 611 312008, and is not for rasa. riser Notes: (509016885) Item Design Field Labor Units and Limitations Hourly Hourly Hourly Hourly Price Per Unit $75.00 $75.00 $65.4X1 $65.00 HElo4y Hourly Hourly § 3.2.3 Allowances included in the stipulated sum, if any: ('dent* allowance and state exclusions, if anti, from the allowance price.) Item Allowance § 3.3 COST OF THE WORK PLUS CONTRACTOR'S FEE § 3.3.1 The Cost of the Work is as defined in Exhibit A, Determination of the Cost of the Work. § 3.3.2 The Contractor's Fee: (State alump sum, percentage of Cost of the Work or other provision for detennining the Contractor's Fee and tite method of adjustment to the Fee for changes in the Work.) § 3.4 COST OF THE WORK PLUS CONTRACTOR'S FEE WITH A GUARANTEED MAXIMUM PRICE § 3.4.1 The Cost of the Work is as defined in Exhibit A, Determination of the Cost of the Work. §3A .2 The Contractor's Fee: (State a lump sum, percentage of Cast of the Work or other provision for determining the Contractor's Fee and the method of adjustment to the Fee far changes in the Work) § 3,4.3 GUARANTEED MAXIMUM PRICE § 3.4.3.1 The sum of the Cost or the Work and the Contractor's Fee is guaranteed by the Contractor not to exceed ($ ). subject to additions and deductions by changes in the Work as provided in the Contract Documents. SUCK maximum sum is referred to in the Contract Document-, as the Guaranteed Maximum Price. Costs which would cause the Guaranteed Maximum Price to be exceeded shall be paid by the Contractor without reimbursement by the Owner. (Insert specific provisions if the Contractor is to participate in any savings.) § 3.4.32 The Guaranteed Maximum Price is based on the following alternates, if any, which arc described in the Contract Documents and are hereby accepted by the Owner. § 3.A.3.3 Unit Prices, if any: (Identify and state rite unit price, and state the quantity limitations, if any, to which the unit price will be applicable.) init. AIA Daturnant A187w - We7. copyright 0`1936,1951,1958, 1961, 190, 1986, 1970,1974, 1978,1987, 1997 and 2007 by The American institute at AnXtitat;s, All rights.rosewed. WARNIPM Thin A1A• Damow d is prokoeted. by U.N. Copyright low andiniernst onal Trotlaw UnwAhwind reprodutUca or distJribAl m of tots AtO Dovxr nt, or any pw6w of #, may rest in severe d+rtl and criminal peraalttet, and wNl be prom mited to the f r awdngan Word pass" under it* taw. T1* doaunartt* as prodoced by AlA software at 16:4522 w 03107f2008 under Order Na10003069S7_1 which eaapires an IVIS2008, and is not for resale. User Nomm t508018885y Item Units and Limitations Price Per Unit § 3.4.3.4 Allowances included in the Guaranteed Maximum Price, if any: (Identify and state the amounts of any allowances. and state whether diet include labor, materials. or both.) Item Allowance § 3.4.3.5 Assumptions, if any, on which the Guaranteed Maximum. Price is based: ARTICLE 4 PAYMENTS § 4.1 PROGRESS PAYMENTS § 4.1.1 Based upon Applications for Payment submitted to the Architect by the Contractor and Certificates for Payment issued by the Architect, the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided below and elsewhere in the Contract Documents. § 4.1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month, or as follows: § 4.1.3 Provided that an Application for Payment is received by the Architect not later than the FIRSTay of a month, the Owner shall make payment of the certified amount to the Contractor not later than the FIFTEENTH ay of the SAMEmottth. If an Application for Payment is received by the Architect after the date fixed above, payment shall be made by the Owner not later than THIRTY 30 ) days after the Architect receives the Application for Payment. (Federal, state or local laws may require payment tuithin a certain period of time,) § 4.1.4 Retainage, if any, shall be withheld as follows: 10 percent until the work is 50 percent complete at which time no f inher retainage will be held § 4.1.5 Payments due and unpaid under the Contract shall bear interest from the date payment is due at the rate stated below, or in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located and If the Owner dues not pay the Contractor through no fault of the Contractor, within seven (7) days from the time payment should be made as provided herein, Contractor may. without prejudice to any other available remedies, stop the Work of this Contract until payment of the amount owing has been received. . (Insert rate of interest agreed upon, if an),.) 10% PER ANNUM § 4.2 FINAL PAYMENT § 4.2.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor when .1 the Contractor has fully performed the Contract except for the Contractor's responsibility to correct Work as provided in Section 18.2, and to satisfy other requirements, if any, which extend beyond final payment, .2 the contractor has submitted a final accounting for the Cost of the Work, where payment is on the basis of the Cost of the Work with or without a guaranteed maximum price: and .3 a final Certificate for Payment has been issued by the Architect. § 4.2.2 The Owner's final payment to the Contractor shall be made no later than 30 days after the issuance of the Architect's final Certificate for Payment, or as follows: Retainage shall be 5% until the work is 50% complete, after which further retainage will not be held tn1L AtA DonumentA107m -2007. Copyright 01936, t9?51,19se.1961,1963,1965. 1970, 1974, 1978.1987.1997 and 2007 by The American institute of Arcftitsc? AN rights reserved tttAttNt P Phis A1A Dawmmd to waW ted by ML CoppriphtLow and trtimnetionai Treaties, Unauthwimd r?rodsretton or distritivuon of this AA Vocume t, or stty portion ci ity msy r"L41 In setrsrce"and crImirid pendttes.arrd will be prosecubd tot" t maximum ,exert possafts render the tart. Thal document was prods by AIA sottwam at 16:4522 an a3m7n008 under order No. t o=os957?t wtuah express on 611312006, and is not fw resale. User Notes (5080161185) ARTICLES DISPUTE RESOLUTION § 5.1 BINDING DISPUTE RESOLUTION For any claim subject to, but not resolved by, mediation pursuant to Section 21.3, the method of binding dispute resolution shall be as follows: (Check the appropriate boa. !f the Owner and Contractor do not select a method of hinding dispute resolution below, or do riot subsequently agree in writing to a binding dispute resolution method other than litigation. claims will be resolved in a court of competent jurisdiction.) [ X ) Arbitration pursuant to Section 21.4 of this Agreement [ ] Litigation in a court of competent jurisdiction [ I Other (Speci,6°) ARTICLE 6 ENUMERATION OF CONTRACT DOCUMENTS § 6.1 The Contract Documents arc defined in Article 7 and, except for Modifications issued after execution of this Agreement, are enumerated in the sections below. § 6.1.1 The Agreement is this executed A] A Document A 107-2007, Standard Form of Agreement Between Owner and Contractor for a Project of Limited Scope. § 6.12 The Supplementary and other Conditions of the Contract: Document Title Date Pages § 6.13 The Specifications: (Either Hsi the Specifications here or refer to an exhibit attached to this Agreement.) Title of Specifications exhibit: (Table deleted) § 6.1 A The Drawings and Scope of Work are as follows and are dated 2/8108 (Either list the Drawings here or refer to an exhibit attached to this Agreement.) Title of Drawings exbibit:. Attachment "A" less FP drawings and specifications Attachment "B' FP scope of work Number N/A § 6.1.5 The Addenda, if any: Number Title Date Date Pages Portions of Addenda relating to bidding requirements are not part of the Contract Documcnu; unless the bidding requirements am enumerated in this Article 6. § 6.1.6 Additional documents, if any, forming part of the Contract Documents: .1 Exhibit A, Determination of the Cost of the Work, if applicable. .2 ALA Document E2017q2007, Digital Data Protocol Exhibit, if completed, or the following: Other documents: (List here any additional documents that are intended to faun part of the Contract Documents.) lnlt AM Post A107'w - 2007. Capf+pttbt 01936.1951,1958. i9st, 1963, 1966. : AMhd8cts. All ttphts Memo& WARD: This AlA• Docurnom is aaectsd by mprodingon ar dim of No Ate Wit, or VV Portion of It. "MY tea t rratx*"= axiom passible' under the law. This dowmarn was produced by AlA sot expires on 8113!2008, and is rat for ioseie. User Notes 1974, 1978, 1967, 1997 and 2007 by The American kwiu" 01 CopynphtLaw and q tionai Voodoo tMavtlforisad n a.rara dwil and alt *W perrattiss, and will be pros tald to the r at 16;45:22 on 0310712008 amder Order No,1 DOD306957 1 which (508016885) Rowe March 7, 2008 FP Attachment "B" ARTICLE 7 GENERAL PROVISIONS § 7.1 THE CONTRACT DOCUMENTS The Contract Documents arc enumerated in Article b and consist of this Agreement (including, if applicable, Supplementary and other Conditions of the Contract), Drawings, Specifications, Addenda issued prior to the execution of this Agreement, other documents listed in this Agreement and Modifications issued after execution of this Agreement. A Modification is (1) a written amendment to the Contract signed by both parties, (2) a Change Order, (3) a Construction Change Directive or (4) a written order for a minor change in the Work issued by the Architect. The intent of the Contract Documents is to include all items necessary for the proper execution and completion of the Work by the Contractor, The Contract Documents are complementary, and what is required by one shall be as binding as if required by all; performance by the Contractor shall be required to the extent consistent with the Contract Documents and reasonably inferable from them as being necessary to produce the indicated results. § 7.2 THE CONTRACT The Contract Documents form the Contract for Construction. The Contract represents the entire and integrated agrrxment between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. The Contract may be amended or modified only by a Modification. `The Contract Documents shall not be construed to create a contractual relationship of any kind between any persons or entities other than the Owner and the Contractor. § 7.3 THE WORK The term "Work" means the construction and services required by the Contract Documents, whether completed or partially completed, and includes all other labor, materials, equipment and services provided or to be provided by the Contractor to fulfill the Contractor's obligations. The Work may constitute the whole or a pan of the Project, § 7.4 INSTRUMENTS OF SERVICE Instruments of Service are representations, in any medium of expression now known or later developed, of the tangible and intangible creative work performed by the. Architect and the Architect's consultants under their respective professional services agreements. Instruments of Service may include, without limitation, studies, surveys, models, sketches, drawings, specifications, and other similar materials, § 7,5 OWNERSHIP AND USE OF DRAWINGS, SPECIFICATIONS AND OTHER INSTRUMENTS OF SERVICE § 7.5.1 The Architect and the Architect's consultants shall be deemed the authors and owners of their respective Instruments of Service, including the Drawings and Specif ications, and will retain all common law, statutory and other reserved rights, including copyrights. The Contractor, Subcontractors, Sub-subcontractors, and material or equipment suppliers shall not own or claim a copyright in the. Instruments of Service. Submittal or distribution to meet official regulatory requirements or for other purposes in connection with this Project is not to be construed as publication in derogation of the Architect's or Architect's consultants' reserved rights. § 7.5.2 The Contractor, Subcontractors, Sub-subcontractors and material or equipment suppliers are authorized to use and reproduce the Instruments of Service provided to them solely and exclusively for execution of the Work. All copies made tinder this authorization shall bear the copyright notice, if any, shown on the Instruments of Service. 'rhe Contractor, Subcontractors, Sub-subcontractors, and material or equipment suppliers may not use the Instruments of Service on other projects or for additions to this Project outside the scope of the Work without the specific written consent of the Owner, Architect and the Architect's consultants. § 7.6 TRANSMISSION OF DATA IN DIGITAL FORM If the parties intend to transmit Instruments of. Service or any other information or documentation in digital form, they shall endeavor to establish necessary protocols governing such transmission, unless otherwise provided in the Agreement or in the Contract Documents. InIt. AtA DOCUMent A107- - 2007. Copyright m 1936, 19=51, 1958, 1951, 1963, t 966, 1970, 1974. 1978, 1987, 1997 and 2007 by The American in Mitute of ArchiteaL An rights reserved. WARNING: This AtA Dopn terdis probwAad by U,S. Capftht Law and truorrmU0 W Treaties. Unagt%ce"d reproducdort or dletribudon of this AIA Document, or any portion rrt h, may result in severe cdvu acrd cdmhtst pennies, and wM be pmsecuted o the / ma4rourn extent.posaft under ft law. This document was produced by AtA software at 16.014 on 03t0712WO under Order No.l6pti346 67_1 which expires on St1312G08, and is not for resale. User Notes: {5os11.SttttSl ARTICLE 8 OWNER § 8.1 INFORMATION AND SERVICES REQUIRED OF THE OWNER § 8.1.9 The Owner shall furnish all necessary surveys and a legal description of the site. § 8.1.2 The Contractor shall be entitled to rely on the accuracy of information furnished by the Owner but shall exercise proper precautions relating to the safe performance of the Work. § 8.1.3 Except for permits and fees that are the responsibility of the Contractor under the Contract Documents, including those required under Section 9.6. 1, the Owner shall secure and pay for other necessary approvals, easements, assessments and charges required for the construction, use or occupancy of permanent structures or for permanent changes in existing facilities. § 8.2 OWNER'S RIGHT TO STOP THE WORK If the Contractor fails to correct Work which is not in accordance with the requirements of the Contract Documents, or repeatedly fails to carry out the Work in accordance with the Contract Documents, the Owner may issue a written order to the Contractor to stop the Work, or any portion thereof, until the cause for such order is eliminated; however, the right of the Owner to stop the Work shall not give rise to a duty on the part of the Owner to exercise this right for the benefit of the Contractor or any other person or entity. § 8.3 OWNER'S RIGHT TO CARRY OUT THE WORK If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents, and fails within a ten-day period after receipt of written notice from the Owner to commence and continue correction of such default or neglect with diligence; and promptness, the Owner, without prejudice to any other remedy the Owner may have, may correct such deficiencies and may deduct the reasonable cost thereof, including Owner`s expenses and compensation for the Architect's services made necessary thereby, from the payment then or thereafter due the Contractor. ARTICLE 9 CONTRACTOR § 9.1 REVIEW OF CONTRACT DOCUMENTS AND FIELD CONDITIONS BY CONTRACTOR § 9.1.1 Execution of the Contract by the Contractor is a representation that the Contractor has visited the site, become generally familiar with local conditions under which the Work is to be performed and correlated personal observations with requirements of the Contract Documents. § 9.1.2 Because the Contract Documents are complementary, the Contractor shall, before starting each portion of the Work, carefully study and compare the various Contract Documents relative to that portion of the Work, as well as the information furnished by the Owner pursuant to Section 8.1.1, shall take field measurements of any existing conditions related to that portion of the Work and shall observe any conditions at the site affecting it. These obligations are for the purpose of facilitating coordination and construction by the Contractor and are not for the purpose of discovering errors, omissions, or inconsistencies in the Contract Documents; however, the Contractor shall promptly report to the Architect any errors, inconsistencies, or omissions discovered by or made known to the Contractor as a request for information in such form as the Architect may require. It is recognized that the Contractor's review is made in the Contractor's capacity as a contractor and not as a licensed design professional unless otherwise specifically provided in the Contract Documents. § 9,1.3 The Contractor is not required to ascertain that the Contract Documents are in accordance with applicable laws, statutes, ordinances, codes, rules and regulations, or lawful orders of public authorities, but the Contractor shall promptly report to the Architect any nonconformity discovered by or made known to the Contractor as a request for information in such form as the Architect may require. 92 SUPERVISION AND CONSTRUCTION PROCEDURES § 9.2.1 The Contractor shall supervise and direct the Work, using the Contractor's best skill and attention, The Contractor shall be solely responsible for and have control over construction means, methods, techniques, sequences and procedures, and for coordinating all portions of the Work under the Contract, unless the Contract Documents give other specific instructions concerning these matters. lniG AIA Doctanent At07TM - 2007. Copyright 0193& 1=51.1956; 1961,1963,19%, 1970, 1974, 1978,1987,1997 and 2007 by The American kwWto of llmhitecls AN eights reserved. WARM UM, This Ain Document Is protected by U.S. Copyright Lair and International Trent==, Unauthorized reproduction or distribution of rids AIAe Dominant, or any portion of 11, am result In'severa elviland erlminet pernMen, end will be prosecuted to the mazk urn ez*n# possible under the lair. ThEs document was produced by ALA software at l 6:45:22 on 03/0712008 under Order No.1000306957_1 which expires an W132008, and Is not for resale. user Notes (508016685) § 9,2.2 The contractor shall be responsible to the Owner for acts and omissions of the Contractor's employees, Subcontractors and their agents and employees, and other persons or entities performing portions of the Work for or on behalf of the Contractor or Any of its Subcontractors. § 9.3 LABOR AND MATERIALS § 9.31 Unless otherwise provided in the Contract Documents, the Contractor shall provide and pay for labor, materials, equipment, tools, construction equipment and machinery, water, beat, utilities, transportation, and other facilities and services necessary for proper execution and completion of the Work whether temporary or permanent and whether or not incorporated or to be incorporated in the Work. § 9.3.2 The Contractor shall enforce strict discipline and good order among the Contractor's employees and other persons carrying out the Work. The Contractor shall not permit employment of unfit persons or persons not skilled in tasks assigned to them. § 9.3.3 The Contractor may make a substitif[ion only with the consent of the Owner, after evaluation by the Architect and in accordance with a .Modification. § 9.4 WARRANTY The Contractor warrants to the Owner and Architect that materials and equipment furnished under the Contract will be of good quality and new unless the Contract Documents require or permit otherwise. The Contractor further warrants that the Work: will conform to the requirements of the Contract Documents and will be free from defects, except for those inherent in the quality of the Work the Contract Documents require or permit. Work, materials, or equipment not copforming to these requirements may be considered defective. The Contractor's warranty excludes remedy for damage or defect caused by abuse, alterations to the Work not executed by the Contractor, improper or insufficient maintenance; improper operation or normal wear and tear under normal usage. § 9.5 TAXES The Contractor shall pay sales, consumer, use and other similar taxes that arc legally enacted when bids arc received or negotiations concluded, whether or not yet effective or merely scheduled to go into effect. § 9.6 PERMITS, FEES, NOTICES, AND COMPLIANCE WITH LAWS § 9.6.1 Unless otherwise provided in the Contract Documents, the Contractor shall secure and pay for the building permit as well as other permits, fees, licenses and inspections by government agencies necessary for proper execution and completion of the Work that are customarily secured after execution of the Contract and legally required at the time bids are received or negotiations concluded. § 9.62 The Contractor shall comply with and give notices required by applicable laws, statutes, ordinances„ codes, rules, and regulations, and lawful orders of public authorities applicable to performance of the Work. If the Contractor performs Work knowing it to be contrary to applicable laws, statutes, ordinances, codes, rules and regulations, or lawful orders of public authorities; the Contractor shall assume appropriate responsibility for such Work and shall bear the costs attributable to correction. § 9.7 ALLOWANCES The Contractor shall include in the Contract Sum all allowances stated in the Contract Documents. The Owner shall select materials and equipment under allowances with reasonable promptness. Allowance amounts shall include the costs to the Contractor of materials and equipment delivered at the site and all required taxes, less applicable trade discounts. Allowance amounts shall not include the Contractor's costs for unloading and handling at the site, labor, installation, overhead, and profit. § 9.8 CONTRACT'OR'S CONSTRUCTION' SCHEDULES 9.$.1 The Contractor, promptly after being awarded the Contract, shall prepare and submit for the Owner's and Architect's information a Contractor's construction schedule for the Work The schedule shall not exceed time limits current under the Contract Documents, shall be revised at appropriate intervals as required by the conditions of the Work and Project, shall be related to the entire Project to the extent required by the Contract Documents, and shall provide for expeditious and practicable execution of the Work. IMt A1A DoMnWd A107- - 2007. Copyd0t DIMS. 1 951. IM 1961.1963, t 9%. 1970.1974.1978.1987, f 997 and 2007 by Tt a AmericaninWAe of AICNtem All rights reserved. WAANM This AIA tDoo grant Gt pa Aected by U.& t%opYrfght Law andeNetnsU aiat IfteVaa. Unad hori;ed n orlac ton or cation of this A10 Documerd, or any pardon of ht, may result in ftr4w* civil and admbW penak* wN be ptoatukad to the 10 f na drnean extent possible under the taw. This doeur ers was produced by AtA software at 16:4522 on 03107/2000 under Order No. 1000306957_1 vftch exp+res an VIM" and is not for resale. riser Notes: (506075685) 1 9.8.2 The Contractor shall perform the Work in general accordance with the most recent schedule submitted to the Owner and Architect. Init. § 9.9 SUBMITTALS § 9.9.1 The Contractor shall review for compliance with the Contract Documents and submit to the Architect Shop Drawings, Product Data, Samples and similar submittals required by the Contract Documents in coordination with the Contractor's construction schedule and in such sequence as to allow the Architect reasonable time for review. By submitting Shop Drawings, Product Data, Samples and similar submittals, the Contractor represents to the Owner and Architect that the Contractor has (1) reviewed and approved them; (2) determined and verified materials, field measurements and field construction criteria related thereto, or will do so; and (3) checked and coordinated the information contained within such submittals with the requirements of the Work and of the Contract Documents. The Work shall be in accordance with approved submittals, § 9.9.2 Shop Drawings, Product Data, Samples and similar submittals are not Contract Documents. § 9.10 USE OF SITE The Contractor shall confine operations at the site to areas permitted by applicable laws, statutes, ordinances, codes, rules and regulations, lawful orders of public authorities, and the Contract Documents' and shall not unreasonably encumber the site with materials or equipment. § 9.91 CUTTING AND PATCHING The Contractor shall be responsible for cutting, fitting or patching required to complete the Work or to make its parts fit together properly. § 9.12 CLEANING UP The Contractor shall keep the premises and surrounding area free from accumulation of waste materials or rubbish caused by operations. under the Contract. At completion of the Work, the Contractor shall remove waste materials, rubbish, the Contractor's tools, construction equipment, machinery and surplus material from and about the Project. § 9.13 ROYALTIES, PATENTS AND COPYRIGHTS. The Contractor shall pay all royalties and license fees. The Contractor shall defend suits or claims for infringement of copyrights and patent rights and shall hold the Owner and Architect harmless from loss on account thereof, but shall not be responsible for such defense or loss when a particular design, process or product of a particular manufacturer or manufacturers is required by the Contract Documents or where the copyright violations are contained in Drawings. Specifications or other documents prepared by the Owner or Architect. However; if the Contractor has reason to believe that the required design, process or product is an infringement of a copyright or a patent, the Contractor shall be responsible for such loss unless such information is promptly furnished to the Architect. § 9.14 ACCESS TO WORK The Contractor shall provide the Owner and Architect access to the Work in preparation and progress wherever located. § 9.15 INDEMNIFICATION § 9.15.1 To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the Owner, Architect, Architect's consultants and agents and employees of any of them from and against claims, damages, losses and expenses, including but not limited to attorneys'. fees, arising out of or resulting from performance of the Work, provided that such claim, damage, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to. or destruction of tangible property (other than the Work itself}, but only to the extent caused by the negligent acts or omissions of the Contractor, a Subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may 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 reduce other rights or obligations of indemnity which would otherwise exist as to a party or person described in this Section 9.15.1. § 9.161 In claims against any person or entity indemnified under this Section 9,15 by an employee of the Contractor, a Subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, the 11 A1A OOCUMent A107- -?007. Copyrt8ht 01936,1951,1958, 1961. 1963, 1966, t970.1974,1978,1967.1997 and 2007 by The American Institute of Architects. AN rights mervrd. WARI&M This JUA 0090ment is protected by U.S. Copyright Law and Intell loeul Tteatlea, Uenuthorind reproduction or dhtribution of this A10 Doeunmm% or any portion al it, may result to aware eFA and criminal penelUss, sled will be InosecuESd to the rnximum extentpoasOble undw the Im This doecmern was produced by AIA software at 16.45:22 on 03107!2D08 under Order No. 1000306957_1 which expires on 611312008, and is not for resale. User Notes (5tt8016885) indemnification obligation under Section 9.15.1 shall not be limited by a limitation on amount or type of damages, compensation or benefits payable by or for the Contractor or Subcontractor under workers' compensation acts, disability benefit acts or other employee benefit acts. ARTICLE 10 ARCHITECT § 10.1 The Architect will provide administration of the Contract and will be an Owner's representative during construction, until the date the Architect issues the final Certificate for Payment. The Architect will have authority to act on behalf of the Owner only to the extent provided in the Contract Documents, unless otherwise modified in writing in accordance with other provisions of the Contract. § 10.2 The Architect will visit the site at intervals appropriate to the stage of the construction to become generally familiar with the progress and quality of the portion of the Work completed, and to determine in general, if the Work observed is being performed in:a manner indicating that the Work, when fully completed, will be in accordance with the Contract Documents. However, the Architect will not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work. The Architect will not have control over. charge of. or responsibility for, the construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, since these are solely the Contractor's right.-. and responsibilities under the Contract Documents. § 10.3 On the basis of the site visits, the Architect will keep the Owner reasonably informed about the progress and quality of the portion of the Work completed, and report to the Owner (1) known deviations from the Contract Documents and from the most recent construction schedule submitted by the Contractor, and (2) defects and deficiencies observed in the Work. The Architect will not be responsible for the Contractor's failure to perform the Work in accordance with the requirements of the Contract Documents. The Architect will not have control over or charge of and will not be responsible for acts or omissions of the Contractor, Subcontractors, or their agents or employees, or any other persons or entities performing portions of the Work. § 10A Based on the Architect's evaluations of the Work and of the Contractor's Applications for Payment, the Architect will review and certify the amounts due the Contractor and will issue Certificates for Payment in such amounts. § 10.5 The Architect has authority to reject Work that does not conform to the Contract Documents and to require inspection or testing of the Work. § 10.6 The Architect will review and approve or take other appropriate action upon the Contractor's submittals such as Shop Drawings, Product. Data and Samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. § 10.7 The Architect will interpret and decide matters concerning performance under; and requirements of, the Contract Documents on written request of either the Owner or Contractor. The Architect will make initial decisions on all claims, disputes and other matters in question between the Owner and Contractor but will not be liable for results of any interpretations or decisions rendered in good faith. § 10.8 The Architect's decisions on matters relating to aesthetic effect will be final if consistent with the intent expressed in the Contract Documents. § 10.9 Dudes, responsibilities and limitations of authority of the Architect as set fortis in the Contract Documents shall not be restricted, modified or extended without written consent of the Owner, Contractor and Architect. Consent shall not be unreasonably withheld. ARTICLE 11 M)SCONTRACTORS § 11.1 A Subcontractor is a person or entity who has a direct contract with the Contractor to perform a portion of the Work at the site. § 112 Unless otherwise stated in the Contract Documents or the bidding requirements, the Contractor, as soon as practicable after award of the Contract, shall furnish in writing to the Owner through the Architect the names of the Subcontractors or suppliers for each of the principal portions of the Work. The Contractor shall not contract with snit as uoorrrrront A1U1--2W. CopydVht 01938.1951,1558.1981.19a 1966.1970.1974;1978, 19g7,1997 and 2007 by The Amedcan triMute of Ardulects. All rights reserve. WAANr rte: This Alk Qocurnsrtt Is promoted by U.S. Copyright Um and Inte tonal Tfaafles Unaeatwised reprodut tlon crc disuilttttiotl of ihls AtA Document, or any porlon of it, may rasuft in asvenp -.drip srnr crhnirtel psrM%N x, PW wla be prosecuted to the 12 f mstclmtsn exten(possibte under the bur. This document was produced by AIA software at 16:45:22 on 0310712008 under Order No.1000306857 1 which expres on6113WO& and is not for resale. User Notes: (508016885) any Subcontractor or supplier to whom the Owner or Architect has made reasonable written objection within ten days after receipt of the Contractor's list of Subcontractors and suppliers. If the proposed but rejected Subcontractor was reasonably capable of performing the Work, the Contract Sum and Contract Time shall be increased or decreased by the difference, if any, occasioned by such change, and an appropriate Change Order shall be issued before commencement of the substitute Subcontractor's Work. The Contractor shall not be requited to contract with anyone to whom the Contractor has made reasonable objection. § 11.3 Contracts between the Contractor and Subcontractors shall (1) require each Subcontractor, to the extent of the Work to be performed by the Subcontractor, to be bound to the Contractor by the terms of the Contract Documents, and to =unit toward the Contractor all the obligations and responsibilities, including the responsibility for safety of the Subcontractor's Work, which the Contractor, by the Contract Documents, assumes toward the Owner and Architect, and (2) allow the Subcontractor the benefit of all rights, remedies and redress against the Contractor that the Contractor, by these Contract Documents, has against the Owner. ARTICLE 112 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS § 12.1 The Owner reserves the right to perform construction or operations related to the Project with the Owner's own fortes, and to award separate contracts in connection with other portions of the Projector other construction or operations on the site under conditions of the contract identical or substantially similar to these, including those portions related to insurance and waiver of subrogation. If the Contractor claims that delay or additional cost is involved because of such action by the Owner, the. Contractor shall make such claim as provided in Article 21. § 12.2 The Contractor shall afford the Owner and separate contractors reasonable opportunity for introduction and storage of their materials and equipment and performance; of their activities, and shall connect -and coordinate the Contractor's activities with theirs as required by the Contract Documents. § 12,3 The Owner shall be reimbursed by the Contractor for costs incurred by the Owner which are payable to a separate contractor because of delays, improperly timed activities or defective construction of the Contractor. The Owner shall be responsible to the Contractor for costs incurred by the Contractor because of delays, improperly timed activities, damage to the Work or defective construction of a separate contractor, ARTICLE 13 CHANGES IN THE WORK 13.1 By appropriate Modification, changes in the Work may be accomplished after execution of the Contract. The Owner, without invalidating the Contract, may order changes in the Work within the general scope of the Contract consisting of additions, deletions or other revisions, with the Contract Sum and Contract Time being adjusted accordingly. Such changes in the Work shall be authorized by written Change Order signed by the Owner. Contractor and Architect, or by written Construction Change Directive signed by the Owner and Architect. § 132 Adjustments in the Contract Sum and Contract Time resulting from a change in the Work shall be determined by mutual agreement of the parties or, in the case of a Construction Change Directive signed only by the Owner and Architect, by the Contractor's cost of labor, material, equipment, and reasonable overhead and profit, unless the parties agree on another method for determining the cost or credit. Pending final determination of the total cost of a Construction Change Directive, the Contractor may request payment for Work completed pursuant to the Construction Change Directive. The Architect will make an interim determination of the amount of payment due for purposes of certifying the Contractor's monthly Application for Payment. When the Owner and Contractor agree on adjustments to the Contract Sum and Contract Time arising from a Construction Change Directive, the Architect will prepare a Change Order. § 13,3 The Architect will have authority to order minor changes in the Work not involving adjustment in the Contract Sum or extension of the Contract Time and not inconsistent with the intent of the Contract Documents. Such changes shall be effected by written order and shall bebinding on the Owner and Contractor. The Contractor shall carry out such written orders promptly. § 13A N concealed or unknown physical conditions are encountered at the site that differ materially from those indicated in the Contract Documents or from those conditions ordinarily found to exist, the Contract Sum and Contract Time shall be equitably adjusted as mutually agreed between the Owner and Contractor; provided that the Contractor provides notice to the Owner and Architect promptly and before conditions are disturbed. Inlt "'^ "'^ """1O?n wwe •--cuui. ?:opyrrpni U IUM, 1953.1958, 1861, 19W. IN6. 1970. 1974, 1$78.1987,1997 Wd 2007 byThd Amerkan lnst6ute at Archhects. All rights reserved. WARNM 4: This Alke Document is protected by U.S. Copyright Law and 1Marnadornsl Treaties tlnauthortmd reproduction ordfsfrlbuflon of this AlA Qacumertt, or any portion of It, may result In severe dO lard whalnel paraftim end wni to P"WCUW to the 13 aMbrum extern Rosrefitie utter the law. This docurriard was produced by AIA software at 16:45:22 on 0307=08 under Order Nat 000306957 1 which expires on 6M 3=0, and is not for resale. User Notes: (506016885) § 13.5 In the event of a significant delay or price increase of material, equipment or energy occurring during the performance of the Subcontract through no fault of the Subcontractor, the Contract sum, time of completion or Subcontract requirements shalt be adjusted in accordance with the procedures of the Contract Documents.. A change in price of an ;tens of material, equipment or energy will be considered significant when the price of an item increases twenty percent (20%) between the date of this Contract and the date of installation. ARTICLE 14 TIME § 14.1 Time limits stated in the Contract Documents are of the essence of the Contract. By executing the Agreement the Contractor confirms that the Contract Time is a reasonable period for performing the Work. § 14.2 Unless otherwise provided, Contract Time is the period of time, including authori7xd adjustments, allotted in the Contract Documents for Substantial Completion of the Wort:. § 14.3 The term "day" as used in the Contract Documents shall mean. calendar day unless otherwise specifically defined. § 14.4 The date of Substantial Completion is the date certified by the Architect in accordance with Section 15.4.3. § 14.5 if the Contractor is delayed at any time in the commcnccnwnt or progress of the Work by changes ordered i. the Work, by labor disputes, fire, unusual delay in deliveries, abnormal adverse weather conditions not reasonably anticipatable, unavoidable casualties or any causes beyond the Contractor's control, or by other causes which the Architect determines may justify delay, then the Contract Time shall be extended by Change Order for such reasonable time as the Architect may determine, subject to the provisions of Article 21. § 14.6 Contractor shall be entitled to equitable adjustments of the contract price, including but not limited to any increase costs of labor, supervision, equipment or materials, and reasonable overhead and profit, for any modification of the project schedule differing from the bid schedule, and for any other delays. acceleration, out-of-sequence work and schedule changes beyond its reasonable control, including delays caused by Owner or other contractors. Should work be delayed by any of the aforementioned causes for a period exceeding ninety (90) days, Contractor shall be entitled to terminate the Contract. Contractor change proposals must be processed in not more than 30 calendar days or as otherwise indicated on the change proposal. ARTICLE 15 PAYMENTS AND COMPLETION § 15.1 APPLICATIONS FOR PAYMENT § 15.1,1 Where the Contract is based on a Stipulated Sum or the Cost of the Work with a Guaranteed Maximum Price, the Contractor shall submit to the Architect, before the first Application for Payment, a schedule of values, allocating the entire Contract Sum to the various portions of the Work, prepared; in such form and supported by such data to substantiate its accuracy as the Architect may require. This schedule, unless objected to by the Architect. shall be used in reviewing the Contractor's Applications for Payment. § 15.1.2 With each Application for Payment where the Contract Sum is based upon the Cost of the Work, or the Cost of the Work with a Guaranteed Maximum Price, the Contractor shall submit payrolls, petty cash accounts, recciptcd invoices or invoices with check vouchers attached, and any other evidence required by the Owner to demonstrate that cash disbursements already made by the Contractor on account of the Cost of the Work equal or exceed (1) progress payments already received by the Contractor, less (2) that portion of those payments attributable to the Contractor's Fee; plus (3) payrolls for the period covered by the present Application for Payment. § 15.1.3 Pa??rttents shall be made on account of materials and equipment delivered and sttitabi coned at the site for. subsequent ineo oration in the Work; If approved in advanced the Owner paynxiit may.similarlybe.made for materials and?ment stored, and protected from damage. off the site at a location agrecd.ppon in writing §15.1.4 The Contractor warrants that title to all Work covered by an Application for Payment will pass to the Owner no later than the time of payment. The Contractor further warrants that upon submittal of an Application for Payment all Work for which Certificates for Payment have been previously issued and payments received from the Owner shall, to the best of the Contractor's knowledge. information and belief, be free and clear of liens, claims, security interests or other encumbrances adverse to the Owner's interests. lntt AIA noctrrnent AI07- - 2007. Copyright 01936.1 851, 19% 1961. IM, 1986.1970.1974,197a, 1987.1997 and 2007 by the American Institute of ArchitoM All rights reserved. WARNING: This AtA Doaunant Is protected by VA t opyrtghtiaarand tntsreaalkutal Treettea. UnwHtortmd roprodaation or distribution of this Alke Dominant, or any portion of it. rosy Hawn to severe evd0 and edminad penattift and VA be I H or to the 14 a a d nron extent possible under the low. This document was produced by AIA software at 16:4522 on 03=2008 under Order No.I000306957 1 which expires on 6r13+2008. and is not lot resale. User Notes: (50WI M5) 15.2 CERTIFICATES FOR PAYMENT § 15.2.1 The Architect will, within seven days after neccipt of the Contractor's Application for Payment, either issue to the Owner a Certificate for Payment, with a copy to the Contractor, for such amount as the Architect determines is properly due, or notify the Contractor and Owner in writing of the Architect's reasons for withholding certification in whole or in part as provided in Section 15.2.3. § 15.2,2 The issuance of a Certificate for Payment will constitute It representation by the Architect to the Owner, based on the Architect's evaluations of the Work and the data comprising the Application for Payment, that, to the best of the Architect's knowledge, information and belief, the Work has progressed to the point indicated and that the quality of the Work, is in accordance with the Contract Documents, The foregoing representations are subject to an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion. to results of subsequent tests and inspections, to correction of minor deviations from the Contract Documents prior to completion and to specific qualifications expressed by the Architect. The issuance of a Certificate for Payment will further constitute a representation that the Contractor is entitled to payment in the amount certified. How-ever, the issuance of a Certificate for Payment will not be a representation that the Architect has {1} made exhaustive or continuous on- site inspections to check the quality or quantity of the Work, (2) reviewed construction means, methods, techniques, sequences or procedures, (3) reviewed copies of requisitions received from Subcontractors and material suppliers and other data uested b the Owner to substantiaie die Contractor's right to payment, or (4) made examination to ascertain how or for what purpose the Contractor hus used money previously paid on account of the Contract Sum. § 152-3 The Architect may withhold a Certificate for Payment in whole or in part, to the extent reasonably necessary to protect the Owner, if in the Architect's opinion the represcntations to the Owner required by Section 15.2.2 cannot be made. If the Architect is unable to certify payment in the amount of the Application, the Architect will notify the Contractor and Owner as provided in Section 15.2. 1. If the Contractor and the Architect cannot agree on a revisal amount, the Architect will promptly, issue a Certificate for Payment for the_amount for which the Architect is able to make such re tesentations to the Owner. The Architect may also withhold a Certificate for Payment or, because of subsequently discovs Wideti tdence, may nullify the whole or a part of a Certificate for Payment previously issued, to such extent as may be necessary in the Architect's opinion to protect the Owner from loss for which the Contractor is responsible, including loss resulting from acts and omissions described in Section 9.2.2, because of .1 defective Work not remedied; .2 third party claims filed or reasonable evidence indicating probable filing of such claims unless security acceptable to the Owner is provided by the Contractor, .3 failure of the Contractor to make payments properly to Subcontractors or for labor, materials or equipment; .4 reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract Sum; .5 damage to the Owner or a separate contractor; .6 reasonable evidence that the Work will not be completed within the Contract Tim and that the unpaid balance would not be adequate to cover actual or liquidated damages for the anticipated delay; or 7 repeated failure to carry out the Work in accordance with the Contract Documents. § 1524 When the above reasons for withholding certification arc removed; certification will be made for amounts previously withheld. § 153 PROGRESS PAYMENTS §' 15.11 The Contractor shall pay each Subcontractor, no later than seven days after receipt of payment, the amount to which the Subcontractor is entitled, reflecting percentages actually retained from payments to the Contractor on account of the Subcontractor's portion of the Work. The Contractor shall, by appropriate agreement with each Subcontractor, require each Subcontractor to make payments to sub-subcontractors in similar manner. § 15.3.2 Neither the Owner nor Architect shall have an obligation to pay or see to the payment of money to a Subcontractor except as may otherwise be required by law. § 15.3.3 A Certificate for Payment, a progress payment, or partial or entire use or occupancy of the Project by the Owner shall not constitute acceptance of Work not in accordance with the Contract Documents. tntL AIA Document A107- - 2007. Copyright 01935, 1851;ISM, 1961. IM 1866, 1870, 1974, 1878, 1987,1997 and 2007 by The American Institute of Arcimects. AN rights reserved WARNM: That AtA bocurment is protected by U.& Copyright Law end tAto a kno Traeties. Unwthorind reproducdoR or disbgtudon WIN* A10 Document, or any portion of IL may.eadt in severe civil and criminal pensitiss, and will be prosecuted to the 15 I rnsidrown asmnt possible under the tewr, This docwnem was p by ALA sortware al 1645;22 an tKi/07/200s under Order Na.1000306957 1 which expires on &13i20o9. and is rat for resale. User Notes: (50801sas) 15.4 SUBSTANTIAL COMPLETION § 15.4.1 Substantial Completion is the stage, in the progress of the Work when the Work or designated portion thereof is sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work for its intended use. § 15,4.2 Wlien the Contractor considers that the Work, or a portion thereof which the Owner agrees to accept separately, is substantially complete, the Contractor shall prepare and submit to the Architect a comprehensive list of items to be completed or corrected prior to final payment. Failure to include an item on such list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents. § 15.4.3 Upon receipt of the Contractor's list, the Architect will snake an inspection to determine whether the Work or designated portion thereof is substantially complete. When the Architect determines that the Work or designated portion thereof is substantially complete, the Architect will issue a Certificate of Substantial Completion which shall establish the date of Substantial Completion, establish responsibilities of the Owner and Contractor for security, maintenance, heat. utilities, damage to the Work and insurance, and fix the time within which the Contractor shall finish all items on the list accompanying the Certificate. Warranties required by the Contract Documents shall commence on the date of Substantial Completion of the Work or designated portion thereof unless otherwise provided in the Certificate of Substantial Completion. § 15.4.4 The Certificate of Substantial Completion shall be submitted to the Owner and Contractor for their written acceptance of responsibilities assigned to them in such Certificate. Upon such acceptance and consent of surety, if any, the Owner shall .make payment of retainage applying to such Work or designated portion thereof. Such payment shall be adjusted for Work that is incomplete or not in accordance with the requirements of the Contract Documents. § 15.5 FINAL COMPLETION AND FINAL PAYMENT § 15.5.1 Upon receipt of the Contractor's written notice that the Work is ready for final inspection and acceptance and upon receipt of a final Application for Payment, the Architect will promptly make such inspection and, when the Architect finds the Work acceptable under the Contract Documents and the Contract fully performed. the Architect will promptly issue a final. Certificate for Payment stating that to the best of the Architect's knowledge, information and belief, and on the basis of the Architect's on-site visits and inspections, the Work has been completed in accordance with terms and conditions of the Contract Documents and that the entire balance found to be due the Contractor and noted in the final Certificate is due and. payable, The Architect's final Certificate for Payment will constitute a further representation that conditions stated in Section 15.5.2 as precedent to the Contractor's being entitled to final payment have been fulfilled. § 15.51 Final payment shall not become due until the Contractor has delivered to the Owner a complete release: of all. liens arising out of this Contract or receipts in full covering all labor, materials and equipment for which a lien could be filed, or a bond satisfactory to the Owner to indemnify the Owner against such lien. If such lien remains unsatisfied after payments are made, the Contractor shall refund to the Owner all money that the Owner may be compelled to pay in discharging such lien, including costs and reasonable attorneys' fees. § 15.5.3 The making of final payment shall constitute a waiver of claims by the Owner except those arising from .1 liens, claims, security interests or encumbrances arising out of the Contract and unsettled; .2 failure of the Work to comply with the requirements of the Contract Documents; or .3 terms of special warranties requited by the Contract Documents. § 15-SA Acceptance of final payment by the Contractor, a Subcontractor or material supplier shall constitute a waiver of claims by that payee except those previously made in writing and identified by that payee as unsettled at the time of final Application for Payment. ARTICLE 16 PROTECTION OF PERSONS AND PROPERTY § 16.1 SAFETY PRECAUTIONS AND PROGRAMS The Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the performance of the Contract. The Contractor shall take reasonable precautions for safety of, and shall provide reasonable protection to prevent damage, injury or loss to .1 employees on the Work and other persons who may be affected thereby; Intl AtA Docunwd A107- -2007, t opyrtpht Q't 1936, 1951. 1958. 1961. IM,1%& 1970. 1974. 1978, 1987. 1997 and 2007 by The Arnerican ),fanfare of Ar? All rW is reserved. WAAW40:'tats A3A DoemrrentIs pratf cW by U.& T 16 repreduatie n or disbibutt o at this A10 Document, or am portion of ft. may resutt3n sawre s be to the i mwdrnum exborrt pass" under the Iw. This document was produced by AIA sattware at 18;4522 on 03.'0712008 under Order No. 1000306957_1 which ei#ms on V13+2(t08, and is not for resale. User Notes: C5080168851 the Work and materials and equipment to be incorporated therein, whether in storage on or off the site, under care, custody or control of the Contractor or the Contractor's Subcontractors or Sub- subcontractors; and other property at the site or adjacent thereto, such as trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction. The Contractor shall comply with and give notices required by applicable laws, statutes, ordinances, codes, rules and regulations, and lawful orders of public authorities bearing on safety of persons and property and their protection from damage, injury or loss. The Contractor shall promptly remedy damage and loss to property caused in whole or in part by the Contractor, a Subcontractor, a sub-subcontractor, or anyone directly or indirectly employed by any of them, or by anyone for whose acts they may be liable and for which the Contractor is responsible under Sections 1& 1.2 and 16.1.3, except for damage or loss attributable to acts or omissions of the Owner or Architect or by anyone for whose acts either of them may be liable, and not attributable to the fault or negligence of the Contractor. The foregoing obligations of the Contractor are in addition to the Contractor's obligations under Section 9.15. § 16.2 HAZARDOUS MATERIALS § 1621 The Contractor is responsible for compliance with the requirements of the Contract Documents regarding hazardous materials. If the Contractor encounters a hazardous material or substance not addressed in the Contract Documents, and if reasonable precautions will be inadequate to prevent foreseeable bodily injury or death to persons resulting from a material or substance, including but not limited to asbestos or polychlorinated biphenyl (PCB), encountered on the site by the Contractor, the Contractor shall. upon recognizing the condition, immediately stop Work in the affected area and report the condition to the Owner and Architect in writing. When the material or substance has been rendered harmless. Work in the affected area shall resume upon written agreement of the Owner and Contractor. By Change Order, the Contract Time shall be extended appropriately and the Contract Sum shall be increased in the amount of the Contractor's reasonable:additional costs of shutdown, delay and start-up. § 16.21 To the fullest extent permitted by law, the Owner shall indemnify and hold harmless the Contractor, Subcontractors, Architect, Architect's consultants and agents and employees of any of them from and against claims. damages, losses and expenses, including but not limited to attorneys' fees, arising out of or resulting from performance of the Work in the affected area, if in fact, the material or substance presents the risk of bodily injury or death as described in Section 15.2.1 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), except to the extent that such damage, loss or expense is due to the fault or negligence of the party seeking indemnity. § 163.3 if, without negligence on the part of the Contractor, the Contractor is held liable by a government agency for the cost of remediation of a hazardous material or substance solely by reason of performing Work as required by the Contract Documents, the Owner shall indemnify the Contractor for all cost and expense thereby incurred. ARTICLE17 INSURANCE AND BONDS § 17.1 The Contractor shall purchase from, and maintain in a company or companies lawfully authorized to do business in the jurisdiction in which the project is located, insurance for protection from claims under workers' compensation acts and other employee benefit acts which arc applicable, claims for damages because of bodily injury, including death, and claims for damages, other than to the Work itself, to property which may arise out of or result from the Contractor's operations and completed operations under the Contract, whether such operations be by the Contractor or by a Subcontractor or anyone directly or indirectly employed by any of them. This insurance shall be written for not less than limits of liability specified in the Contract Documents or required by law, whichever coverage is greater, and shall include contractual liability insurance applicable to the Contractor's obligations under Section 9.15. Certificates of Insurance acceptable to the Owner shall be filed with the Owner prior to commencement of the Work. Each policy shall contain a provision that the policy will not be canceled or allowed to expire until at least 30 days' prior written notice has been given to the Owner. The Contractor shall cause the commercial liability coverage required by the Contract Documents to include: (1) the Owner, the Architect and the Architect's Consultants as additional insureds for claims caused in whole or in part by the Contractor's negligent acts or omissions during the Contractor's operations; and (2) the Owner as an additional insured for claims caused in whole or in part by the Contractor's negligent acts or omissions during the Contractor's completed operations. Init. AIA Qoournent A1*?- -.2w. Copyright 01936, 1951,1958.1961, 1963. 1966, 1970,1974,1978.1987.199? and 2007 by The American k%titule of Archtte= All rights reserved. WARMNG: TWO AIA Doarment IS protaGted by US. Copyright Law end intematla>tl Treenea. Unautho b reproduction or distribution of this A10 Dactatrent at any portion of ft. may result in severe civil and rxhahtol penatttea, scut win be proseinded to the 17 I maximran extent possible under the lair. This dxument was produced by AA sottware at 15:45:22 on 0310712008 under Order No. 1000306957_1 which expires on flu 372008.. and a not for resale. User Notes: (508016885) § 17.2 OWNER'S LIABILITY INSURANCE The Owner shall be responsible for purchasing and maintaining the Owner's usual liability insurance. § 17.3 PROPERTY INSURANCE § 17.3,1 Unless otherwise provided, the Owner shall purchase and maintain, in a company or companies lawfully authorized to do business in the jurisdiction in which the Project is located, property insurance on an "all-risk" or equivalent policy forth, including; builder's risk, in the amount of the initial Contract Sum, plus the value of subsequent modifications and cost of materials supplied and installed by others, comprising total value for the entire Project at the site on a replacement cost basis without optional deductibles. Such property insurance shall be maintained, unless otherwise provided in the Contract Documents or otherwise agreed in writing by all persons and entities who are beneficiaries of such insurance, until final payment has been made as provided in Section 15.5 or until no person or entity other than the Owner has an insurable interest in the property required by this Section 17.3.1 to be covered, whichever is later. This insurance shall include interests of the Owner, the Contractor, Subcontractors and sub-subcontractors in the Project. § 17.3.2 The Owner shall file a copy of each policy Avith the Contractor before an exposure to loss may occur. Each policy shall contain a provision that the policy will not be canceled or allowed to expire, and that its limits will not be reduced, until at least 30 days' prior written notice has been given to the Contractor. § 17.3.3 The Owner and Contractor waive all rights against (1) each other mid any of their subcontractors. sub- subcontractors, agents and employees, each of the other, and (2) the Architect Architect's consultants, separate contractors described in Article 12, if any, and any of their subcontractors. sub-subcontractors, agents and employees for damages caused by fin; or other causes of loss to the extent covered by property insurance obtained pursuant to Section 17.3 or other property insurance applicable to the Work; except such rights as they have to proceeds of such insurance held by the Owner as fiduciary. The Owner or Contractor, as appropriate, shall require of the Architect, Architect's consultants, separate contractors described in Article 12, if any, and the subcontractors, sub-subcontractors, agents and employees of any of them, by appropriate agreements, written where legally required for validity, similar waivers each in favor of other parties enumerated herein. The policies shall provide such waivers of subrogation by endorsement or otherwise. A waiver of subrogation shall be effective as to a person or entity even though that person or entity would otherwise have a duty of indemnification, contractual or otherwise, did not pay the insurance premium directly or indirectly, and whether or not the person or entity had an insurable interest in the property damaged. § 17.3.4 A loss insured under the Owner's property insurance shall be adjusted by the Owner as fiduciary and made payable to the Owner as fiduciary for the insureds, as their interests may appear, subject to requirements of any applicable mortgagee clause. The Contractor shall gay Subcontractors their just shares of insurance proceeds received by the Contractor, and by appropriate agreements, written where legally required for validity, shall require Subcontractors to make payments to their sub-subcontractors in similar manner. § 17.4 PERFORMANCE BOND AND PAYMENT BOND § 17A.1 The Owner shall have the right to require the Contractor to furnish bonds covering faithful performance of the Contract and payment of obligations arising thereunder as stipulated in bidding requirements or specifically required in the Contract Documents on the date of execution of the Contract. § 17.4.2 Upon the request of any person or entity appearing to be a potential beneficiary of bonds covering payment of obligations arising under the Contract, the Contractor shall promptly furnish a copy of the bonds or shall authorize a copy to be furnished. ARTICLE 18 CORRECTION OF WORK § 18.1 The Contractor shall promptly correct Work rejected by the Architect or failing to conform to the requirements of the Contract Documents, whether discovered before or after Substantial Completion and whether or not fabricated, installed or completed. Costs of correcting such rejected Work, including additional testing and inspections, the cost of uncovering and replacemenL and compensation for the Architect's services and expenses made necessary thereby, shall be at the Contractors expense, unless compensable under Section A.2.7.3 in Exhibit. A. Determination of the Cost of the Work. InIL AbA Oaaut?aft A107' - 21)7. Copyright 011X. ,951,1 M 1961, 1963,1966,1970' 1974, , 976,1987.1997 and 2007 by The American h tt?te Of Atgh wts. All rights reserved. WARNINti: TMs AIAa Dminient is Wo*cftd fir U S, Coi;"pht tow and (nMrnattortttt Tr"#M %Vuftwb*d rsproductkm orashibutlort of 04* A10 Document, orany pardon of k. they raswlt in eam& civic and a4rninsl pensW&S, and wiN be prosecuted to the 8 maximum astern pwta* under ftte teat. This dowment vras p vduCed by AU, sattware at 16:4522 on tistW wa under Order No.1000106957 i which expires an 6t132M. and is not be Mate. UwNotu: (Sn801G665) § 18.21n addition to the Contractor's obligations under Section 9.4, if, within one year after the date of Substantial Completion of the Work or designated portion thereof or after the date for commencement of warranties established under Section 15.4.3, or by terms of An applicable special warranty required by the Contract Documents. any of the Work is found to be not in accordance with the requirements of the Contract Documents, the Contractor shall correct it promptly after receipt of written notice from the Owner to do so unless the Owner has previously given the Contractor a written acceptance of such condition. The Owner shall give such notice promptly after discovery of the condition. During the one-year period for correction of Work. if the Owner fails to notify the Contractor and give the Contractor an opportunity to make the correction, the Owner waives the rights to require correction by the Contractor and to matte a claim for breach of warranty. § 18.3 if the Contractor fails to cornet nonconforming Work within a reasonable time, the Owner may correct it in. accordance with Section 83. § 18.A The one-year period for correction of Work shall be extended with respect to portions of Work first performed aver Substantial Completion by the period of time between Substantial completion and the actual completion of that portion of the Work. § 18.5 The one-year period for correction of Work shall not be extended by corrective Work performed by the Contractor pursuant to this Article 18. ARTICLE 19 MISCELLANEOUS PROVISIONS § 19.1 ASSIGNMENT OF CONTRACT Neither party to the Contract shall assign the Contract without written consent of the other, except that the Owner may, without consent of the Contractor, assign the Contract to a lender providing construction financing for the Project if the lender assumes the Owner's rights and obligations under the Contract Documents. The Contractor shall execute all consents reasonably required to facilitate such assignment. § 19.2 GOVERNING LAME The Contract shall be governed by the law of the place where the Project is located, except, that if the parties have selected arbitration as the method of binding dispute resolution, the Federal Arbitration Act shall govern Section 21.4. § 19.3 TESTS AND INSPECTIONS Tests, inspections and approvals of portions.of the Wort: required by the Contract Documents or by applicable laws, statutes, ordinances, codes, rules and regulations or lawful orders of public authorities shall be made at an appropriate time. Unless otherwise provided, the Contractor shall make arrangements for such tests, inspections and approvals with an independent testing laboratory or entity acceptable to the Owner, or with the appropriate public authority, and shall bear all related costs of tests, inspections and approvals: The Contractor shall give the Architect timely notice of when and where tests and inspections are to be made so that the Architect may be present for such procedures. The Owner shall bear costs of (1) tests, inspections or approvals that do not become requirements until after bids are received or negotiations concluded, and (2) tests, inspections or approvals where building codes or applicable laws or regulations prohibit the Owner from delegating the costs to the Contractor. § 19.4 COMMENCEMENT OF STATUTORY LIMITATION PERIOD The Owner and Contractor shall commence all claims and causes of action, whether in contract, tort, breach of warranty or otherwise, against the other arising out of or related to the Contract in accordance with the requirements of the final dispute resolution method selected in the Agreement within the period specified by applicable law, but in any case not more than 10 years after the date of Substantial Completion of the Work. The Owner and Contractor waive all claims and causes of action not commenced in accordance with this Section 19.4. ARTICLE 20 TERMINATION OF THE CONTRACT § 20.1 TERMINATION BY THE CONTRACTOR If the Architect fails to certify payment as provided in Section 15.2.1 for a period of 30 days through no fault of the Contractor, or if the Owner fails to make payment as provided in Section 4.1.3 for a period of 30 days, the Contractor may, upon seven additional days' written notice to the Owner and the Architect, terminate the Contract and recover from the Owner payment for Work executed including reasonable overhead and profit. costs incurred by reason of such termination, and damages. toff AiADocurnwdA107--2W7.Copyright C,838.1951.1958.1981.1983.1968,1970.1974.1974.1987.1997 and2007byTheArm6cantnalEuteof Are hitem An rights reserved. WARNUM: This A1A Docluaew is protected by U$. Copyright Law and international Treaties, tinauthorbad reproduction or disirtbution of this AIA [Document, or any portion of it, may result In severs dell oral? aimiast peomdhs, wW wM be proseculadto the 19 / mmft m =*ru posstbie undw the law. This document was produced by AIA software at 18:4522 on 0947 under Ordor No.100031)8957 1 which mires on 8t13=W and is not for resale. user Notes: {508016885y § 202 TERMINATION BY THE OWNER FOR CAUSE § 2011 The Owner may terminate the Contract if the Contractor .1 repeatedly refuses or fails to supply enough properly skilled workers or proper materials; .2 fails to make payment to Subcontractors for materials or labor in accordance: with the respective agreements between the Contractor and the Subcontractors; .3 repeatedly disregards applicable laws, statutes; ordinances, codes. rules and regulations or lawful orders of a public authority; or .4 otherwise is guilty of substantial breach of a provision of the Contract Documents. § 20.2,2 When any of the above reasons exists, the Owner, upon certification by the Architect that sufficient cause exists to justify such action, may, without prejudice to any other remedy the Owner may have and after giving the Contractor seven days' written notice, terminate the Contract and take possession of the site and of all materials, equipment, tools, and construction equipment and machinery thereon owned by the Contractor and may finish the Work by whatever reasonable method the Owner may deem expedient. Upon request of the Contractor, rite Owner shall furnish to the Contractor a detailed accounting of the costs incurred by the Owner in finishing the Work. § 20.2,3 When the Owner terminates the Contract for one of the reasons stated in Section 20.2, 1, the Contractor shall not be entitled to receive further payment until the Work is finished. § 20.2.4 If the unpaid balance of the Contract Sum exceeds costs of finishing the Work, including compensation for the Architect's services and expenses made necessary thereby, and other damages incurred by the Owner and not expressly waived, such excess shall be paid to the Contractor, if such costs and damages exceed the unpaid balance, the Contractor shall pay the difference to the Owner. The amount to be paid to the Contractor or Owner, as the case may be, shall be certified by the Architect, upon application, and this obligation for payment shall survive termination of the Contract. § 20.3 TERMINATION BY THE OWNER FOR CONVENIENCE The Owner may, at any time, terminate the Contract for the Owner's convenience and without cause. The Contractor 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. ARTICLE 21 CLAIMS AND DISPUTES § 21.1 Claims, disputes and other matters in question arising out of or relating to this Contract, including those alleging an error or omission by the Architect but excluding those arising under Section 16.2, shall be referred initially to the Architect for decision. Such matters, except those waived as provided for in Section 21.8 and Sections 15.5.3 and 15.5.4, shall, after initial decision by the Architect or 30 days after submission of the matter to the Architect, be subject to mediation as a condition precedent to binding dispute resolution. § 21.2 If a claim, dispute or other matter in question relates to or is the subject of a mechanic's lien, the party asserting such matter may proceed in accordance with applicable law to comply with the lien notice or filing deadlines. § 21.3 The parties shall endeavor to resolve their disputes by mediation which, unless the parties mutually agree otherwise, shall be administered by the American Arbitration Association in accordance with their Construction Industry Mediation Procedures in effect on the date of the Agreement. A request for mediation shall be made in writing, delivered to the other party to this Agreement, and filed with the person or entity administering the mediation. The request may be trade concurrently with the binding dispute resolution but, in such event, mediation shall proceed in advance of binding dispute resolution proceedings, which shall be stayed pending mediation for a period of 60 days from the date of filing, unless stayed for a longer period by agreement of the parties or court order. If an arbitration is stayed pursuant to this Section, the parties may nonetheless proceed to the selection of the arbitrator(s) and agree upon a schedule for later proceedings. § 21.4 If the parties have selected arbitration as the method for binding dispute resolution in the Agreement, any claim, subject to, but not resolved by, mediation shall be subject to arbitration which, unless the parties mutually agree otherwise, shall be administered by the American Arbitration Association, in accordance with the Construction Industry Arbitration Rules in effect on the date of this Agreement. Demand for arbitration shall be Init AIA Doc ~t A107re - 2007. Copyrght 01936,1951,1958, 1981.1963,196$, 1970.1974, 1979. 1987. 1997 and 2007 by The Arnee"n hwitute of Architects. All rights reserved. WARNIMM Tttis AIA Dommmt to protectsd by UAL Copyright taw and international Trestles, ttnauiharised I reproduction or drstdhution of ttds AtA tlacumant, or any poed*n of k nary reault In savers +eO and edmintd pe natthts,, and will be prosecuted to it* 20 pouffe unchw ft rare. This documentwas prodLed by AIA sottware at 16A6,22 an 03/67/2008 under Order No.1000306957 t which expires on 6112'2008, and is rat for resale, User Notes: {506016885} made in writing, delivered to the other party to the Contract, and filed with the person or entity administering the arbitration. The award rendered by the arbitrator or arbitrators shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof and the prevailing party shall be entitled to attorneys fees and costs as part of any award or judgment § 21.5 Either party, at its sole discretion, may consolidate an arbitration conducted under this Agreement with any other arbitration to which it is a party provided that (1) the arbitration agreement governing the other arbitration permits consolidation; (2) the arbitrations to be consolidated substantially involve common questions of law or fact; and (3) the arbitrations employ materially similar procedural rules and methods for selecting arbitrator(s). § 21.6 Any party to an arbitration may include by joinder persons or entities substantially involved in a common. question of law or fact whose presence is required if complete relief is to be accorded in arbitration provided that the party sought to be joined consents in writing to such joinder. Consent to arbitration involving an additional person or entity shalt not constitute consent to arbitration of a Claim not described in the written Consent. § 21.7 The foregoing agreement to arbitrate and other agreements to arbitrate with an additional person or entity duly consented to by parties to the Agreement shall. be specifically enforceable under applicable law in any court having jurisdiction thereof. § 21.8 CLAIMS FOR CONSEQUENTIAL DAMAGES` The Contractor and Owner waive claims against each other for consequential damages arising; out of or relating to this Contract. This mutual waiver includes .1 damages incurred by the Owner for rental expenses, for losses of use, income, profit, financing, business and reputation, and for loss of management or employee productivity or of the services of such persons; and .2 damages incurred by the Contractor for principal office expenses including the compensation of personnel stationed there, for losses of financing, business and reputation, and for loss of profit except anticipated profit arising directly from the Work. This mutual waiver is applicable, without limitation, to all consequential damages due to either party's termination in accordance with Article 20. Nothing contained in this Section 21,8 shall be deemed to preclude an award of liquidated damages, when applicable, in accordance with the requirements of the Contract Documents. This Agreement entered into as of the day and year first written above. OWNER (Signature) 1 _ Don Erwin, President (Printed name and title) CONTRACTOR (Signature) George L.. Church, Jr President (Printed natne and title) [nit. AIA Oocuinent AtWtt " 2007. Copyright *ISM. 1151.1958.1961, 1963, 1988, 1970, 1874, 1978, 1987.1997 and 2007 by The Arnerican kvttlue of Arctateew AN ftkts reServed. WARNINM This AtA Doaaaenlts protected by U.S. twapteftht Law acrd 102Wn IMM TMA Ms. tAuut trued reprodueitoa dtsbibirtion Ar alit ArA Rtiqurmd, or MW twrttbn at IL my mahdt in wvwe dvB huhttci *W pareft e. And will be firer uted to the 21 ! hnahekntMa earthtrh! possible arhdsr tA4 4 This document was produced by AIA sdroare at 16:4522 on 03817/2008 under Order No.1000306957 1 owes on 6/13144 and 4 not for resabr, wNch uaw Notes: (506018865) Additions and Deletions Rlepod for AIA0 Document A107"u- 2007 This Additions and Deletions Report, as defiried on page 1 of the associated document, reproduces below all text the author has added to the standard farm AIA document in order to complete it, as well as any text the author may have added to or deleted from the original AIA text. Added to* is shown underlined. Deleted text is indicated with a horizontal line through the original AIA text. Note: This Additions and Deletions Report is provided for information purposes only and is not incorporated Into or constitute any part of the associated AIA document. This Additions and Deletions simultaneously by AIA software at 16:45.22 on 03/07/2008. Report and its associated document were generated PAGE 1 AGREEMENT made as of the clay of March -in the year 2008 {Nance, address and other infonnation} Insite Devela ent 1943 I?Ignterey Drive Mechanicsburg PA 17050 717-319-1159 owe Sprinkler Sv-cterns. T 7993 US ._ w1 5-2s P.O. Box407 - Middl*Wrg, PA 17482 5713-837-7647 MWT Ken F t oA, nd 520 Collirt,5 Aikman Drive & e2 Chariottc. NC 28262 UCC (AS max be modified by adopted Icxni anwndr .A chall I used Addpfans and Csletiott mart Wr AIA I1otwnerq A107- - 2907. Copydpbt 01936 1951.1958,1961.1969,1966.1970,1874, 1878,19$7,1897 and 2007 by The A IV110410 at Amhite=. An forts reserved. WARMNC: yhis AIAd Docasnent Is frn#=*od by US WIN be UnnI wood nprodnc#on or distr IWIlon of Otis AIA Document, or 0" portion of It, may resin// In sevens cW and ?p3 of pp id prossex+ted to ft mi tinwat afrient posslWe under the low. This du.'ent was produced by ALA software al te:4522 on 03107/20W under Order User, testes. -1 which expires an 6(13200$, and is" for resale. i508016$BSj Rowe S nnkler, stems Irtc. shall.- urnish fire rntectio des' includin sn of wnr sec A l nt as WC 11 as SubmittSt? consisting, Af Chno -wines_ .,. ucn SUp t I the local Anthnrity Ravine Ivriufictinn as allnuM under the nA s __ AddifibolaWDelatims 20Q7 Report for AM °?t A tp t ?" -ZQfi7, CoPytbht 1936 t951,1959. 1961, t989.1986, t 9Yp, 7871, 1876, 1987, t 997 8nd Uo: Noft, TteE tt+f8torimd tgprpefuction arsOAhu?tipn ci@r aeN is Protsct?d by US. Ceepyr3ph2 Laid karq n?ttcewi Ndq tx prosecuted to the ttuxirentftr axltent or say pgrtipn pt tt, atop rasuit to aetrsra CtvA and crirr>ieul 2 N. t OD03pfi957?1 vwriit? t> Hader the larr. This document was produeed by AlA software ? 16:45:22 ot? 0310Xt2pp6 grd?er? exprres w+ 6)1312009 and !s for resale. (5090t6aW PAGE3 The Contractor shall execute the Work described in the Contract Documents, except as specifically indicated in the Contract Documents to be the responsibility of others. The Contractor's war- shall not include f 1 l unspecified material or ui ment not uired for the normal o ration of the s stem or to com 1 with the ari final ex cd i t 2) chanl*es in location si es or capacities of eoui ment materials a facilities tcaui a by rnadificattonc to the ortainal concept a„d destt=rt as cx?res in FP Attachment "i3° C3) -=ne or furn?ch?n¢ eautnmcnE un1Pe? eel ams-dy recur lntract, and (4) dempri Mnn. -- PAGE 4 Date of eommencemeltt 4/17mO8 § date ef 2.3 The Contractor shall achieve Substantial Completion of the entire Work: not later than E -}leis . of as fell 1/17 9 § 3.1 The Owner shall pay the Contractor the Contract sum in current funds for the Contractor's performance Contract, The Contract Sum shall be et}t?iEi:be Two Hundred Sixty Thou and of the boil ira (S 2h? (1f3(k on subi?t to add'ttians and deletions as provided in the Contract Documents j XJ Stipulated Sum, in accordance with Section 3.2 below § 3.2 The Stipulated Sum shall be ,--}, Twa i{undred Size- Thousand Doilam tS 27fi[1 rtrxt m? and deletions as provided in the Contract Documents. subject to additions Guest Bathrooms Add $1(k 10,000 Attic A $54,000 PAGE 5 our S75.00 F ourl INv el 1 r oft v ? $65.00 $65.00 Hourly Hourly PAGER Addit- and Deletiano Report tdr AtA Document A107w-=T, CWyrigM 01936 1951. 1856, 1951,1991,1996, 1970, 1974, 1978, 1987, 1997 and 2007 by The American lns kjft of Arm hj*ML AM r(phto rasmved. WARNNG.- ThW Anti DoCWM mt is protected by U:S. Copyright Law and' hMermatto" Tr-dw Unauthor aed reproduction or distrihMaa of No NO Doc=ent, o? arty Po+t" of R. May mom to Mwve C" and afrah+N potgpias, and 3 *M b4 POWct*T Mnum tz*ni possible unAer the loft: This doasmerd was prodaced by ALA whware at 18:4522 on 03isp7t2008 under Order 03D expres on 6liN 00a, and is not for regale. Doer 0 Notes: tS080i66851 4 § 4.1.3 Provided that an Application for Payment is received by the Architect not later than the elay-FiR Tz of a month, the Owner shall make payment of the certified amount to the Contractor not later than the Uypf the mss-SAMFmnnrh If an Applic?a6on for Payment is received by the Architect after the date abNIH me ove, payment shall be made by the Owner not later than days after the Architect receives the Application for Payment. 10 percent until the work is 50 percent complete at which time no further retamace wtll be held § 4.1.5 Payments due and unpaid under the Contract shall bear interest from the date payment is due at the rate stated below, or in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is lee1. 4Xd 111111 if er tfocs not he ,o tract 01 111 mu o a it o the Cont for within . even 7 da s frM the time navmr tshnuld be made as nmvided herein r.,..,..o,..,._.`__.... 10% PER ANNUM Retainaae shall he 5%u ntil the work is gnm complete after which farther retatnaep wtll not he held PAGE 7 [ ?L] Arbitration pursuant to Section 21.4 of this Agreement Title ofs cificationsexhibit: Sodk)R TWO Da8 § 6.1.4 The ?* Drawines and Scone of Wnrk are as inflows and are dated ?13/C)R ,s exhibit;, Title of brawiltp AMVhment "A" lei )wPdr9wi c anti spcci is tines Attachment "13' Fp scone of -a. /A PAGE 8 Rowe March 7-2008 FP Att meni "H" PAGE 14 paauone T?testie t?e: t]e+Nttons Rdpextlor AUt Doeauttent Att1T?_ 7 M m 1938 t95t, t9 iS:198t, f963c 1966 t97tt, 1974, 1978.1987, 1997 arM Institute W Atdtiteexs, Alt ttpites reserved.EWARHItiQr TAis AtA't Oewmaett is pre>tr ?Y If-$. Gopyriptet t.:+w aete! Irttsmiwtionet roproduetian a dtttlon of tf? AFA UwCUrp?eY, ar s++Y Porn of 1t, ?Y residt to ee4ete civet and eat pnsttls?t, stu! wiq tie pross?eted to Ms mstthlttrtA e#etN po9stbb under the few. This dowmetM was Produced br AIA software at t 6:45:22 on o3A0T1ZOtiB under t]rder ?+to.t009308957 /which expres on r?13t2nb8. and is not feu male. user tMotaa: r5n8 is m) g . ' T teem(20%1 between the date of this Contract and the data of installation. h e 4' 'u as s :o a c all he a tit t in tot Co tract G s muvt. me sed ' nn o the 3Q 1c rda . or t5 Other,"&. i d` t nn (h char e M PAGE 20. § 21,4 If the parties have selected arbitration as the method for binding dispute resolution in the Agreement, any claim, subject to, but not resolved by, mediation shall be subject to arbitration which, unless the parties mutually agree otherwise, shall be administered by the American Arbitration Association, in accordance with the Construction Industry Arbitration Rules in effect on the date of this Agreement. Demand for arbitration shall be made in writing, delivered to the outer party to the Contract, and filed with the person or entity administering the arbitration, The award rendered by the arbitrator or arbitrators shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction tlteree#-3hereof and the nr?eva m natty shall be tit ! n nttotnevs fees and cost ac non of env award or iuds? rent PAGE 21 Don rt,in, nw.?a..,.. George [.. Church. Jr Presiclen. 2007 by end Deletions Report for AtA ? t A107w - 2007. copptr t 01936 1951. 1958. 1961.1963.196& 1970, 1974, 1978, 1967,1997 and by The A wicsn Instilwa of Architects. AN rights raservpd, wARt+ M.. 7h1s ALA Dommurt is pra+t«dad by U.a Copyright Law Tg ? Unsuftwtodrepn?ductio a ssfble of User Net" ardlsWWftn th?eO DOWMe aQr An of It. way result to severe dwitarwaboing ? I 5 No.t 000306W I which mires on 8113+2008. and is not Ipr re5818. by Atri software a1 16-45:22 on 03+0712008 urzier Order . (508016WS) Certification of Document's Authenticity AIAe Document D401 Tm - 2003 1. George Church, hereby certify, to the best of my knowledge, information and belief, that I created the attached final document simultaneously with its associated Additions and Deletions Report and this certification at 16:45:22 on 03/07/2008 under Order No. 10003069571 from AIA Contract Documents software and that in preparing the attached final document I made no changes to the original text of AIA'9 Document AI071m - 2007 • Standard Form of Agreement Between Owner and Contractor for a Project of Limited Scope, as published by the AIA in its software, other than those additions and deletions shown in the associated Additions and Deletions Report. (Signed) (Title) (gated) AIA Document D401- - 2003. Copyright C 1992 and 2003 by The American institule of Architem All rights reserved. WAttUNG. This AtO Document is protected by U.S. Copyright taw and international Tmatles. Unauthorized reproductbn or distrttrWon or this AIAe Document. or any pardon of it, ? may reau8 In severe civil and crGn&tal penalties, and will be pmancuted to the maximum extent passible under ftte law. This document was produced by AIA software at 16.45:22 on 0310712MS under Order NO.1000306957 1 which expires on 5+132008, and is not for resale. Ilsor Notes: (508015865) made in writing, delivered to the other party to the Contract, and filed with the ;;WRI140. The award ftWemd Person or entity admirnatering the by Me arbitruutcx or arbitrators sfiaU be 13nat, surd 1!rdgmcnt may be cntared upon it'in accordance with appticabk law in amy count having jurisdictiaa sliereof.aeni the attorneys fees and costs as Pad Of any award or judgment. prtrvalling patty i1?a11 be entitled to 21'S th or ply, at its sole diacretian, may consolidate an Arb other arbitrati itcnt;On conducted under this Agreement with any on W which it is a Permits consolidation; Puny provided that (1) the arbitration agreement governing the other arbitration M t2) the arbitrations to be consolidated sabstantially it1VolVe or fact; and t3} the arbitrations employ rr tcally tomtnon gsirxcnn; of f low similar procedurol. rulos and methods for selecting rhitrator(s). 21.6 Any PAY to an arbitrapon-may include by nder on of law persons or entitles substantially involved in a common questi or £act. whosd ptxaei?ce is required if coniptote relief is m hg accorded in nebitratlon parry Sgttg}tt to be joined cogsents in writing to s pmvidod that the twtity shall not eonshtutg eoaxent to arbitra 'on of such Cjoi lam des C nt obi tr w tai Co sn additional parson or 7'Itre1f rc St>biL Agttxtncrtt to arbitrate and other agreemnnt4, t to arbitrate with an additional person or entity inted to by parties to the P jurisdiction thereof. Agrtemcrit shall be s fecal!y enfonceahl duly o under applicable.. law in any court having §'2fi.3 CLAIMS FOR COUSEQUIDITM DAMAGES The Contractor and Owner waive claim`s against this C each other for txnsieequcntiai damages arising:otu of or relating to ontt, This AAutW1I iwrtver includes .! damttgt s Incurred by the Owner forr?ental expenses, for losses orttse, inao bass and reputation, and for laU :df mans n7ent or p la eefinancing, at,ch persaas; and MP Y productivity or of the services of .2 damages incuniCd by the Contrictnr for pnricipai ofliee. expanses including the com 1krs±aMdIOtled peruuitign. pf ?3tcre. for losses of Firwnn ng, business and reputation, and. for loss ofprotit exct antl clpnced pro ft arising directly from the Wort. 'This mutual waiver +s tipplicnblc, without limitation, to all contr ueniittl q damag due to either party's termination in accordattcc with Anion cle 20. Notbing cpntaine'd In this SediQn.21.8 shall be es dedmed to pnxlude an bward of l udated i9 doges when applicable, in axot±danco with the taiuircinents of iha ttitiact?acumentah This Agreement entered into.as of the day and year fine wtinen above. lS?grratura) COfiMCrTt fSi rt) Don F:twin, Pnxident George L t:hnre6, !r President I--?1ntCd name sad al1g) (Pnrttcd name a+id stirle) Init. ,Qoaan.atAloi?_=7. CGWJQhr 0I&x 1951 t9 tees, sa ? ArcMtoefa AM d ? iwd T 63 ?8b, l97ti 197 t97a,1 e7, 194T MW 007 by 7ha;Arner3Can knsbti+td d eae!ynrerd +?aa p?o?ed DY +? t?++ro of f e•q3? o+? O?rOTs20tta iu+dQr Oe¢nr Nn.iti0aiE189ST t wn1?n v? ??srtoda. sna a aal:ra roa+a?, i'ft 9t?BdS? Exl,,b-t c- I? r m v -_ w m 0 8 0 0 ro o n rn mm CD?ol O O O x X N n I?1 ZT• y a o C^ PO-0 X00 ?m ° ? 2 •?-CD 0 BCD IV CD -o ° CD O+ T3 M C >oUQ " 4= .1 [ "•! CD a y 0" CD H o -.0-0 Col. Cr1 cl. 0 CD O O Oa CQ (D N N CD CD a ? 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N ? ? O O t 00 ° C) C) rn a z D rn N OF P,-I r ? RY f n i k,), i?-• ?'[4.ov 7cL?/' eK4 3/ir a3o&17;'L-, Sheriffs Office of Cumberland County R Thomas Kline Sheri Ronny R Anderson Chief Deputy Jody S Smith Civil Process Sergeant Edward L Schorpp Solicitor 0,0t r o{ cau"6rrl-140 OrFICE N-^ERiFF OF THE F`1 1,7A 9 Y 2009 SEE 21 F H 1: 4 i Rowe Sprinkler Systems, Inc. vs. Case Number Insite Developement, LLC 2009-6168 SHERIFF'S RETURN OF SERVICE 09/17/2009 01:25 PM - Valerie Weary, Deputy Sheriff, who being duly sworn according to law, states that on September 17, 2009 at 1325 hours, she served a true copy of the within Mechanics' Lien Claim, upon the within named defendant, to wit: Insite Development, LLC, by making known unto Rachel Stum, adult in charge at adult sister at 2055 Technology Parkway Mechanicsburg, Cumberland County, Pennsylvania 17055 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $37.44 September 18, 2009 SO ANSWERS, R THOMAS KLINE, SHERIFF 13y Deputy Sherif f?f