HomeMy WebLinkAbout01-0542IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
KINSLEY CONSTRUCTION, INC.
Claimant
BRIDGEPORT ASSOCIATES, INC.
Owner
No. Fr t_
MECHANICS' LIEN CLAIM
1. The Claimant is Kinsley Construction, Inc., a Pennsylvania corporation, which has its
principal office and place of business at 2700 Water Street, York, York County, Pennsylvania
17403. Claimant files this claim as a Contractor.
2. The Owner of the real estate against which this claim is filed is Bridgeport
Associates, Inc., a Pennsylvania corporation which has a registered office of 128 State Street,
Harrisburg, Dauphin County, Pennsylvania 17101, and an office and place of business at 427
Second Street, Highspire, Dauphin County, Pennsylvania 17034.
3. The date of completion of Claimant's work was October 5, 2000.
4. The party with whom Claimant contracted is Bridgeport Associates, Inc.
5. The labor, equipment, and materials were continuously furnished by Claimant, and
were necessary for the erection and construction of site improvements for the project known as
Bridgeport - Phase II Development. The labor, equipment and materials were furnished in
accordance with a contract for an agreed sum, a true and correct copy of which is attached as
Exhibit B and incorporated herein by reference as though set forth in full.
6. The nature and character of the materials furnished pursuant to the contract were
furnished for the project known as Bridgeport Phase II Development, and included all labor,
equipment and materials furnished to supply, install and complete erosion and sediment controls,
roadway and storm basin grading and clearing, sanitary sewer laterals, storm sewer, straight
concrete curb, stone base and binder, wearing surface, electric trenching, including stone
bedding, gas main trenching, including stone bedding, and laying of PVC utility conduits, all of
which were permanent and necessary and required for the erection and construction of
improvements to the premises.
7. The total sum claimed to be due is $67,320, as shown on the statement of account
attached hereto and incorporated herein as Exhibit B, plus interest as authorized by the contract
at the rate of prime plus 1¥o from November 1, 2000.
8. The improvements to the property are erosion and sediment controls, roadway and
storm basin grading and clearing, sanitary sewer laterals, storm sewer, straight concrete curb,
stone base and binder, wearing surface, electric trenching, inchiding stone bedding, gas main
trenching, including stone bedding, and PVC utility conduits. The property on which the
improvements are located is known as Phase 2, The Woods at Bridgeport, containing 1.2064
acres, situate in Lemoyne Borough, Cumberland County, Pennsylvania, being more fully
described in the metes and bounds description attached and made a part hereof as Exhibit C, and
as recorded in the Office of the Recorder of Deeds for Cumberland Cotmty, Pennsylvania, in
Deed Book R32, Page 268.
9. This lien is claimed against the interest of the Owner in the aforesaid premises.
WHEREFORE, Claimant claims to have a lien upon the premises herein described in the
sum of $67,320.00, plus interest at the rate of prime plus 1% from November 1, 2000 in the
amount of $1,606.47 for a total of $68,926.47, plus costs of suit.
BARLEY, SNYDER, SENF~& COHEN, LLC
Court I.D. 74453
Attorneys for Claimant
! 00 East Market Street
POBox 15012
York, PA 17405
(717) 846-8888
VERIFICATION
I, Paul W. Minnich, Attorney for Kinsley Construction, Inc., the within Claimant,
being authorized to do so, hereby verify that the facts set forth in the foregoing Mechanics' Lien
Claim are true and correct to the best of my knowledge, information and belief. I understand that
false statements herein are made subject tot he penalties of 18 Pa.C.S.A. §4904 relating to
unsworn falsification to authorities.
Date:
955626
Exhibit A
- FILE COPY
Abbreviated Standard Form of Agreement Between Owner
and Contractor for Construction Projects of Limited Scope
where the basis of payment is a STIPULATED SUM
AIA Document At 07 - 1997
1997 Edition - Electronic Format
This document includes abbreviated General Conditions and should not be used with other general conditions.
This document has important legal consequences. Consultation with an attorney is encouraged with raspect to its completion or modification. A~CATION
OF TI-IlS ELECTRONICALLy DP,.M~ II~D AIA DOCUMENT MAy BE MADE BY USING AIA DOCUMENT D401.
This document has b~an approvcd and endorsed by Thc Associated C~neral Contxactors of America.
Copyright 1936, 1931, 1958, 1961, 1963, 1956, 1974, 1978, 1987, O 1997 by The Amcrican Institute of Architccts. Rcproduction of thc material herein or
substantial quotation of its provisions without wriuco permission of the AIA violates the copyright laws of the United States and will subjcct thc violator to legal
prosecution.
AGREEMENT made as oft. he 13th day of June in the year 2000
_. (In word~, indicate day, month and)mar)
BETWEEN the Owner:
(Name, address and other information)
Brid~ze~ort Associates, Inc,
427 2nd Street
Hi~,h Spire, PA 17034
and the Conlractor:
· (Name, address and other information)
Kinslev Construction, Inc.
2700 Water Street
PO Box 2886
York. PA 17405
The Project is:
(Name and location)
Bridgeport - Phase II Development
Lemovne Boroumh
Cumberland County, PA
The Architect is:
(Name, addres~ and other information)
Hoover Em, ineerimz Services, Inc.
P.O. Box 678
Dillsburg, PA 17019
The Owner and Contractor agree as follows.
&IA DOCUMENT Al07 -OWNER - CONTRACTOR AGREEMENT - 1997 EDITION - .MA - COPYPJGHT 1997 - THE AMEPJCAN INSlil UTE OF
ARCHITECTS, 1735 NEW YORK AVENUE N.W., WASHlNGTON, D.C. 20006-5292. WARNING:Unlicensed photocopying violates U.S. copyfightlawsand
will subject the violator to legal prosecution. This document was electronically produced with permission of the .MA and can be r~produced without violation until
the date of expiration as noted below.
Electronic Format A107-1997
User Document: BRIDGEPORT.DOC -- 6/13/2000. AIA License Number 102184, which expires on 4/7/2001 -- Page gl
ARTICLE '1 THE WORK OF THIS CONTRACT
The Contractor shall fully execute the Work described in the Contract DocUments, except to the extent specifically indicated in
the Contract DocumenB to be the responsibility of others.
ARTICLE 2 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION
2.1 The date of commencement of the Work shall be the date of this Agreement unless a different date is stated below or
provision is made for the date to be f'~ed in a notice to proceed issued by the Owner.
(Insert the date of commencement. If it differs ~om the date of thi~ ,~greement or. If applicable, :;tate that the date will be fixed in a notice to proceecL)
Work shall commence with thirty (30) days of the Owner providln~ acceptable proof of financing, for the Work of the
Contractor.
2.2 The Contract Time shall be measured from the date of commencement.
with respect to deletions or modiftcations, and also regarding requirements such as written disclosttres or ~vaivers.)
Insert A: 4.1.4. All ~avments shall be made.payable to Kinslev Construction, Inc. and mailed to 2700 Water Street. PO
Box 2886. York. Pa 17405.
4.2 FINAL PAYMENT
4.2.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor
when:
.'1 the Contractor has fully performed the Contract except for the Contractor's responsibility to correct Work as
provided in Paragraph 17.2, and to satisfy other requirements, if any, which extend beyond final payment; and
.2 a f'mal Certificate for Paymcnt has been io~uod by tho Arc2aitect.
4.2.2 The Owner's final payment to the Contractor shall be made no later than 30 days after the issuance of the Architect's
final Certificate for Payment, or as follow:
Within thirty (30) days after the Owner receives the Final AvDlication for Payment for the completed Work.
ARTICLE 5 ENUMERATION OF CONTRACT DOCUMENTS
$.'1 The Contract Documents are listed in Article 6 and, except for Modifications issued after execution of this Agreement, are
enumerated as follows:
$.1.'1 Thc Agreement is this executed 1997 edition of the Abbreviated Standard Form of Agreement Between Owner and
Contractor, AIA Document A107-1997.
$.1.2 The Supplementary and other Conditions of the Contract are those contained in the Project Manual dated
and are as follows:
Document Title Pages
5.1.3
(Either li~t the SpectJ}cationz here or refer to an exhibit attached to this ,4greernent.)
Section Title
Lemovne Bore. Cons~a'uction and Material Speeificatinns for Lend Develovment
5.'1.4 The Drawings are as follows, and are dated unless a different date is shown below:
(Either li~t the Drawings hem or refer to an exhibit attached to thi~ ,4greemenL)
Number Title Pages
Sheets No. 1 through No. 4
5.1.5 The Addenda, if any, are as follows:
Number Date Pages
The Specifications are those contained in the Project Manual dated as in Subparagraph 5.1.2, and are as follows:
Pages
Portions of Addenda relating to bidding requirements are not part of the Contract Documents unless the bidding requirements are
also enumerated in this Article 5.
5.1.6 Other documents, if any, forming part of the Contract Documents are as follows:
(List any additional documents which are intended to form part of the Contract Docurnent~.)
Kinslev Consmaction, Inc.'s Ouotatien dated May 25~ 2000 (Exhibit A) (4 Pages)
Kinslev Constructions, Inc.'s Time and MAterial Rates dated Avri126. 2000 (Exhibit B) (3 Pages)
GENERAL CONDITIONS
~IA DOCUMENT Al07 -OWNER - CO~CTOR AGREEMENT - 1997 EDITION - AIA - COPYRIGHT 1997 - THE AMERICAN INSTITUTE OF
ARCHITECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON, D.C. 20006-5292. WARNING: Unlicensed photocopying violates U.S. copyright laws and
will subject the violator to legal prosecution. This document was electx~nically produced with permission of the AIA and can be reproduced without violation until
the date of expiration ~s noted below.
Electronic Format A107-1997
User Document: BRIDGEPORT.DOC - 6/13/2000. AIA License Number 102184, which expires on 4/7/2001 -- Page #3
ARTICLE6 G~NERAL PROVISIONS '
6,1 THE CONTRACT DOCUMENTS
The Contract Documents consist of this Agreement with Conditions of the Contract (General, Supplementary and other
Conditions), Drawings, Specifications, Addenda issued prior to the execution of this Agreement, other documents listed in this
Agreement and Modifications issued after execution of this Agreement. A Modification is (I) a written amendment to the
Contract signed by both parties, (2) a Change Order, (3) a Construction Change Directive or (4) a written order for a minor
change in the Work issued by the Architect. The intent of the Contract Documents is to include all items necessary for the proper
execution and completion of the Work by the Contractor. The Contract Documents are complementary, and what is required by
one shall be as binding as if required by all; performance by the Contractor shall be required to the extent consistent with the
Contract Documents and reasounbly inferable from them as being necessm3' to produce the indicated results.
6.2 THE CONTRACT
The Contract Documents form the Contract for Construction. The Contract represents the entire and integrated agreement
between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. The Contract
may be amended or modified only by a Modification. The Contract Documents shal! not be construed to create a contractual
relationship of any kind (1) between the Architect and Contractor, (2) between the Owner and a Subcontractor or
sub-subcoutractor, (3) between the Owner and Architect or (4) between any pemons or entities other than the Owner and
Cuntmctor.
6.$ THE WORK
The term "Work" means the construction and services required by the Contract Documents, whether completed or partially
completed, and includes all other labor, materials, equipment and services provided or to be provided by the Contractor to fulfill
the Contractor's obligations, The Work may constitute the whole or a part of the Project,
6.4 EXECUTION OF THE CONTRACT
Execution of the Contract by the Contractor is a representation that the Contractor has visited the site, become generally familiar
with local conditions under which the Work is to be performed and correlated personal observations with requirements o£ the
Contract Documents.
6.5 OWNERSHIP AND USE OF ARCHITECT'S DRAWINGS, SPECIFICATIONS AND OTHER INSTRUMENTS OF
SERVICE
The Drawings, Specifications and other documents, including those in electronic form, prepared by the Architect and the
Architect's consultants are Instruments of Service through which the Work to he executed by the Contractor is descried. The
Contractor may retain one record set. Neither the Contractor nor any Subcontractor, sub-subcontractor or material or equipment
supplier shall own or claim a copyright in the Drawings, Specifications and other documents prepared by the Architect or the
Architect's consultants, and unless otherwise indicated the Architect and the Architect's consultants shall be deemed the authors
of them and will retain all common law, statutory and other reserved fights, in addition to the copyrights. All copies of them,
except the Contractor's record set, shall be returned or suitably accounted for to the Architect, on request, upon completion of the
Work. The Drawings, Specifications and other documents prepared by the Architect and the Architect's consultants, and copies
thereof furnished to the Contractor, are for use solely with respect to this Project. They are not tp be used by the Contractor or
any Subcontractor, mb-subcontractor or material or equipment supplier on other projects or for additions to this Project outside
the scope of the Work without the specific written consent of the Owner, Architect and the Architect's consultants. The
Contractor, SubconWactors, sub-subcontractors and material or equipment suppliers are authorized to use and reproduce
applicable portions of the Drawings, Specifications and other documents prepared by the Architect and the Architect's
consultants appropriate to and for use in the execution of their Work under the Cunta'act Documents. All copies made under this
authorization shall bear the statutory copyright notice, if any, shown on the Drawings, Specifications and other documents
prepared by the Architect and the Architect's consultants. Submittal or distribution to meet official regulatory requlrem~ts or for
other purposes in connection with this Project is not to be construed as publication in derogation of the Architect's or Architect's
consultants' copyrights or other reserved rights.
ARTICLE 7 OWNER
7.1 INFORMATION AND SERVICES REQUIRED OF THE OWNER
AIA DOCUMENT Al0? -OWNER. - CONTRACTOR AGREEMENT - 199'/ EDITION - A1A - COPYRIGHT 1997 - THE AMERICAN INSTITUTE OF
kRCHITECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON, D.C. 20006-5292. WARNING: Unlicensed photocopying violates U.S. copyright laws and
vd[l subject th= violator to legal prosecution. This document w~s el~ctronlcally produced with p~rmission of the AIA and can be reproduced without violation until
the date of expiratlon as noted below.
Electronic Format A107-1997
User Document: BKIDGEPOKT.DOC -- 6/13/2000. AIA License Number 102184, which expires on 4/7/2001 -- Page #4
7.1.'1 ' The' Owner shall furnish and pay for surveys and a legal description of the site. ' ' ' '
?.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.
7.'1.3 Except for permits and fees which are the responsibility of the Contractor under the Contract Documents, the Owner
shall secure and pay for other necessary approvals, easements, assessments and charges required for the construction, use or
occupancy of permanent structures or permanent changes in existing facilities.
7.2 OWNER'S RIGHT TO STOP THE WORK
If the Contractor fails to correct Work which is not in accordance with the requirements of the Contract Documents, or
persistanfly falls 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 tight for the benefit of the Contractor or
any other person or entity.
7.3 OWNER'S RIGHT TO CARRY OUT THE WORK
If the Contractor defaults or persistently fails or neglects to carry out the Work in accordance with the Contract Documents, or
fails to perform a provision of the Contract, the Owner, after l0 days' written notice to the Contractor and without prejudice to
any other remedy the Owner may have, may make good such deficiencies and may deduct the reasonable cost thereof, including
Owner's expenses and compensation for the Architect's services made necessary thereby, from the payment then or thereafter due
the Contrantor.
ARTICLE 8 CONTRACTOR
8.1 REVIEW OF CONTRACT DOCUMENTS AND FIELD CONDITIONS BY CONTRACTOR
8.1.1 Since the Con.act Documents are complementary, before starting each portion of the Work, the Contractor shall
carefully study and compare the various Drawings and other Con.act Documents relative to that portion of the Work, as well as
the information furnished by the Owner pursuant to Subparagraph 7.1.I, shall take field measurements of any existing conditions
related to that portion of the Work and shall observe any conditions at the site affecting it. These obligations are for the purpose
of facilitating construction by the Contractor and are not for the purpose of discovering errors, omissions or inconsistencies in
the Contract Documents; however, any errors, omissions or inconsistencies discovered by the Contractor shall be reported
promptly to the Architect as a request for information in such form as the Architect may require.
8.1.2 Any design errors or omissions noted by the Contractor during this review shall be reported promptly to the Architect,
but it is recognized that the Contractor's review is made in the Contractor's capacity as a contractor and not as a licensed design
professional unless otherwise specifically provided in the Contract Documents.
8,2 SUPERVISION AND CONSTRUCTION PROCEDURES
8.2.1 The Contractor shall supervise and direct the Work, using the ConWactor's best skill and attention. The Contractor shall
be solely responsible for and have control over construction means, methods, techniques, sequences and procedures, and for
coordinating all portions of the Work under the Contract, unless the Contract Documents give other specific instructions
concerning these matters. If the ConWact Documents give specific instructions concerning construction means, methods,
techniques, sequences or proeeduras, the Contractor shall be fully and solely responsible for the jobsite safety thereof unless the
Contractor gives timely written notice to the Owner and Architect that such means, methods, techniques, sequences or
procedures may not be safe.
8.2.2 The Contractor shall be responsible to the Owner for acts and omissions of the Contractor's employees, Subcontractors
and their agents and employees, and other persons or entities performing portions of the Work for or on behalf of the ConU'actur
or any of its Subcontractors.
8.3 LABOR AND MATERIALS
8.3.1 Unless otherwise provided in the Contract Documents, the Contractor shall provide and pay for labor, materials,
AIA DOCUMENT Al07 -OWNER - CONTRACTOR AGREEMENT - 1997 EDITION - AIA - COPYRIGHT 1997 - THE AMERiCAN INSTITUTE OF
~.RCHITECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON, D.C. '~0006-5292. WARNING: Unlicensed photocopying violates U.S. copyright laws and
will subject the violator to legal prosecution. This document was electronically produced wi~ permission of thc AdA and can be r~produeed without violation until
the date ofexpimtlon as noted below.
Electronic Format A107-1997
User Document: BRIDGEPORT.DOC -- 6/I 3/2000. AIA License Number 102184, which expires on 4/7/2001 -- Page #5
equipment, iools, construction equipment and machinery, water, heat, utilities, transportation, and other facilities and' services
necessary for proper execution and completion of the Work whether temporary or permanent and whether or not incorporated or
to be incorporated in the Work.
8.:3.2 The Contractor shall enfome strict discipline and good order among the Contractor's employees and other persons
carrying out the Contract. The Contractor shall not permit employment of unfit persons or persons not skilled in tasks assigned to
them.
8.3.3 The Contractor shall deliver, handle, store and install materials in accordance with manufacturers' instructions.
8.3.4 The Contractor may make substitutions only with the consent of the Owner, after evaluation by the Architect and in
accordance with a Change Order.
8.4 WARRANTY
The Contractor warrants to the Owner and Architect that materials and equipment furnished under the Contract will be of good
quality and new unless otherwise required or permitted by the Contract Documents, that the Work will be free from defects not
inherent in the quality required or permitted, and that the Work will conform with the requirements of the Contract Documents.
Work not conforming to these requirements, including substitutions not properly approved and authorized, may be considered
defective. The Contractor's warranty excludes remedy for damage or defect caused by abuse, modifications not executed by the
Contractor, improper or insufficient maintenance, improper operation or normal wear and tear and normal usage.
8.5 TAXES
The Contractor shall pay sales, consumer, use and other similar taxes which are legally enacted when bids are received or
negotiations concluded.
8.6 PERMITS, FEES AND NOTICES
8.6.1 Unless otherwise provided in the Contract Documents, the Ccn~ae*.cr Owner shall secure and pay for the building
permit and other permits and governmental fees, licenses and inspections necessary for proper execution and completion of the
Work.
8.6.2 The Contractor shall comply with and give notices required by laws, ordinances, roles, regulations and lawful orders of
public authorities applicable to performance of the Work. The Contractor shall promptly notify the Architect and Owner if the
Drawings and Specifications are observed by the ConWaotor to be at variance therewith. If the Contractor performs Work
knowing it to be contrary to laws, statutes, ordinances, building codes, and rules and regulations without such notice to the
Architect and Owner, the Contractor shall assume appropriate responsibility for such Work and shall bear the costs attributable
to correction.
8.7 SUBMITrALS
8,7.1 The Contractor shall review for compliance with thc Contract Documents, approve in writing and submit to the
Architect Shop Drawings, Product Data, Samples and similar submittals required by the Contract Documents with reasonable
prompmess. The Work shall be in accordance with approved submittals.
8,7.2 Shop Drawings, Product Data, Samples and similar submittals are not Contract Documents.
8.8 HSd: OF SITE
The Contractor shall confine operations at the site to aroas permitted by law, ordinances, permits and the Contract Documents
and shall not unreasonably encumber the site with materials or equipment.
8.9 CU'FHNG AND PATCHING
The Conmtctor shall be responsible for cutting, fitting or patching required to complete the Work or to make its parts fit together
properly.
8.'10 CLEANING UP
AIA DOCUMENT Al07 -OWNER - CONTRACTOR AGREEMENT - 1997 EDITION - AIA - COPYRIGHT 1997 - THE AMERICAN INSTITUTE OF
~R. CHITECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON, D,C. 20006-5292. WARNING: Unlicensed photocopying violates U.S. copyright laws and
will subject the violator to legal prosecution. This document was electronically produced with permission of the A1A and can be reproduced without violation until
the date of expiration as noted below.
Electronic Format A107-1997
User Document: BRIDGEPORT.DOC -- 6/13/2000. AIA License Number 102184, which expires on 4/7/2001 - Page #6
The Contractor shall keep the premises and surrounding area free frenl accumulation of waste materials or rubbish caused by '
operations under the Contract. At completion of the Work, the Contractor shall remove from and about the Project waste
materials, rubbish, the Contractor's tools, construction equipment, machinery and surplus material.
8.11 ROYALTIES, PATENTS AND COPYRIGHTS
The Contractor shall pay all royalties and license fees; shall defend suits or claims for infringement of copyrights and patent
rights and shall hold the Owner and Architect harm]ess from loss on account thereof, but shall not be responsible for such
defense or loss when a particular design, process or product of a particular manufacturer or manufacturers is required by the
Contract Documents, or where the copyright violations are contained in Drawings, Specifications or other documents prepared
by the Owner or Architect, unless the Contractor has reason to believe that there is an infringement of patent or copyright and
fails to promptly furnish such information to the Architect.
8.12 ACCESS TO WORK
The Contractor shall provide the Owner and Architect access to the Work in preparation and progress wherever located.
8.13 INDEMNIFICATION
8.13.'1 To the fullest extent permitted by law and to the extent claims, damages, losses or expenses are not covered by Project
Management Protective Liability insurance purchased by the Contractor in accordance with Paragraph 16.3, the Contractor shall
indemnify and hold harmless the Owner, Architect, Architecfs 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 am-ibutable to bodily injury, sickness, disease or
death, or to injary 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 Paragraph g.13.
8.13.2 In claims against any person or entity indemnified under this Paragraph 8.13 by an employee of the Contractor, a
Subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, the indemnification
obligation under Subparagraph 8.13.1 shall not be limited by a limitation on amount or type of damages, compensation or
benefits payable by or for the Contractor or Subcontractor under workers' compensation acts, disability benefit acts or other
employee benefit acts.
ARTICLE 9 ARCHITECT'S ADMINISTRATION OF THE CONTRACT
9.1 The Arehitoct will provide admini~tration of thc Contract and will be an Ovmor'c repr~cntativa (1) during construction, (2)
until final paymant is due and (3) with the Ownor'~ concurrence, fi'om time to time during tho one year period for eorraotion of
Work dosr, rihod in Paragraph 17.2.
9.2 The Architect, as a representative of the Owner, will visit the site at intervals appropriate to the stage of the Contractor's
operations (l) to become genernIly familiar with and to keep the Owner informed about the progress and quality of the portion of
the Work completed, (2) to endeavor to guard the Owner against defects and deficiencies in the Work, and (3) to determine in
general if the Work is being 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 neither have cuntrol over or charge of, nor be responsible for, the
construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with
the Work, since these are solely the Contractor's rights and responsibilities under the Contract Documents, except as provided in
Subparagraph 8.2.1.
9.3 The Architect will not be responsible for the Contractor's failure to 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.
AIA DOCUMENT Al07 -OWNER . CONTRACTOR AGREEMENT - 1997 EDITION - AIA - COPYRIGHT 1997 - THE AMERICAN INSTITUTE OF
~R. CH~TECT$, 1735NEWYORKAYENUEN.W.,WASH1NGTON, D.C. 20006.5292. WARNING:Unlicensed photocopying violates U.S. copyright laws and
will subject the violator to legal prosecution. This document w~s electronically produced with permission of the AIA and can be reproduced without violation until
the date of expiration as noted below.
Electronic Format A107-1997
User Document: BRIDGEPORT.DOC - 6/I 3/2000. AIA License Number 102184, which expires on 4/7/2001 -- Page #7
9.4 Based on thc Architect's evaluations of thc Work and of thc Contractor's Application: for Payment, thc Architect will review
and certify the amount: due the Contractor and will i::ue Certificate: for Payment in :uch amount:.
9.5 The Architect will have authority to reject Work that does not conform to the Contract Documents.
9.6 The Architect will review and approve or take other appropriate action upon the Contractor's submittals such as Shop
Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with information given and
the design concept expressed in the Contract Documents.
9.7 The Architect will interpret and decide matters concerning performance under, and requirements of, the Contract Documents
on written request of either the Owner or Contractor. The Architect will make initial decisions on all claims, disputes and other
matters in question between the Owner and Contractor but will not be liable for results of any interpretations or decisions so
rendered in good faith.
9.8 The Architect's decisions on matters relating to aesthetic effect will be final if consistent with the intent expressed in the
Contract Documents.
9.9 Duties, responsibilities and limitations of authority of the Architect as set forth in the Contract Documents shall not be
restricted, modified or extended without written consent of the Owner, Contractor and Architect. Consent shall not be
unreasonably withheld.
9.10 CLAIMS AND DISPUTES
9.10.1 Claims, disputes and other matters in question arising out of or relating to this Contract, including those alleging an error
or omission by thc Architect but excluding those arising under Paragraph 15.2, shall be referred initially to the Architect for
decision. Such matters, except those relating to aesthetic effect and except those waived as provided for in Paragraph 9.11 and
Subparagraphs 14.5.3 and 14.5.4, shall, al~er initial decision by thc Architect or 30 days afier submission of the matter to the
Architect, be subject to mediation as a condition precedent to arbitration or thc institution of legal or equitable proceedings by
either party.
9.10.2 Ifa claim, dispute or other matter in question relates to or is the subject nfs mechanic's lien, the party asserting such
matter may proceed in accordance with applicable law to comply with the lien notice or filing deadlines prior to resolution of the
matter by the Architect, by mediation or by arbitration.
9.10.3 The parties shall endeavor to resolve their disputes by mediation which, unless the parties mutually agree otherwise,
shall be in accordance with the Construction Industry Mediation Rules of the American Arbitration Association currently in
effect. Request for mediation shall be filed in writing with the other party to this Agreement and with the American Arbitration
Association. The request may be made concurrently with the filing of a demand for arbitration but, in such event, mediation
shall proceed in advance of arbitration or legal or equital~le proceedings, which shall be stayed pending mediation for a period of
60 days from the date of filing, unless stayed for a longer period by agreement of the parties or court order.
9.10.4 Claims, disputes and other matters in question arising out of or relating to the Contract that are not resolved by
mediation, except matters relating to aesthetic effect and except those waived as provided for in Paragraph 9.11 and
Subparagraphs 14.5.3 and 14.5.4, shall be decided by arbitration which, unless the parties mutually agree otherwise, shall be in
accordance with the Construction Industry Arbitration Rules of the American Arbitration Association currently in effect. The
demand for arbitration shall be filed in writing with the other party to this Agreement and with the American Arbitration
Association and shall be made within a reasonable time after the dispute has arisen. The award rendered by the arbitrator or
arbitrators shall be fmal, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction
thereof. Except by wri~en consent of the person or entity sought to be joined, no arbitration arising out of or relating to the
Contract Documents shall include, by consolidation, joinder or in any other manner, any person or entity not a party to the
Agreement under which such arbitration arises, unless it is shown at the time the demand for arbitration is filed that (1) such
person or entity is substantially involved in a common question of fact or law, (2) the presence of such person or entity is
required if complete relief is to be accorded in the arbitration, (3) the interest or responsibility of such person or entity in the
AIA DOCUMENT Al07 -OWNER - CONTRACTOR AGREEMENT - 1997 EDITION - AIA - COPYRIGHT 1997 - THE AMERICAN INSTITUTE OF
~R. CHITECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON, D.C. 20006-5292. WARNING: Unlicensed photocopying violates U.S. copyright laws and
will subject the violator to legal prosecution. This document was electronically produced with permission of the A1A and can be reproduced without violation until
the date of expiration as noted below.
Electronic Format A107-1997
User Document: BRIDGEPORT. DOC -- 6/13/2000. AIA License Number 102184, which expires on 4/7/2001 -- Page #8
matter is not insubstantial, and (4) such person or entity is not' the Architect or any of the Architect's employees or coh~ultants~'
The agreement herein among the parties to the Agreement and any other written agreement to arbitrate referred to herein shall be
specifically enforceable under applicable law in any court having jurisdiction thereof.
9.11 CLAIMS FOR CONSEQUENTIAL DAMAGES
The Contractor and Owner waive claims against each other for consequential damages arising out of or relating to this Contract.
This mutual waiver includes:
.1 damages incurred by the Owner for rental expenses, for losses of use, income, profit, financing, business and
reputation, and for loss of management or employee productivity or of the services of such persons; and
.2
damages incurred by the Contractor for principal office expenses including the compensation of personnel stationed
there, for losses of financing, business and reputation, and for loss of profit except anticipated profit arising directly
from the Work.
This mutual waiver is applicable, without limitation, to all consequential damages due to either party's termination in accordance
with Article 19. Nothing contained in this Paragraph 9.11 shall be deemed to preclude an award of liquidated direct damages,
when applicable, in accordance with the requirements of the Contract Documents.
ARTICLE 10 SUBCONTRACTORS
10.1 A Subcontractor is a person or entity who has a direct contract with the Contractor to perform a portion of the Work at
the site.
10.2 Unless otherwise stated in the Contract Documents or the bidding requirements, the Contractor, as soon as practicable
after award of the Contract, shall furnish in writing to the Owner through the Architect the names of the Subcontractors for each
of the principal portions of the Work. The Contractor shall not contract with any Subcontractor to whom the Owner or Architect
has made reasonable and timely objection. If the proposed but rejected Subcontractor was reasonably capable of performing the
Work, the Contract Sum and Contract Time shall be increased or decreased by the difference, if any, occasioned by such change,
and an appropriate Change Order shall be issued before commencement of the substitute Subcontractor's Work. The Contractor
shall not be required to contract with anyone to whom the Contractor has made reasonable objection.
10.3 Contracts between the Contractor and Subcontractors shall (1) require each Subcontractor, to the extent of the Work to
be performed by the Subcontractor, to be bound to the Contractor by the terms of the Contract Documents, and to assume toward
the Contractor all the obligations and responsibilities, including the responsibility for safety of the Subconrmctor's Work, which
the Contractor, by the Contract Doeumants, assumes toward the Owner and Architect, and (2) allow the Subcontractor the
benefit of all rights, remedies and redress afforded to the Contractor by these Contract Documents.
ARTICLE 11 OWNER'S RIGHT TO PERFORM CONSTRUCTION AND TO AWARD SEPARATE CONTRACTS
11.1 The Owner reserves the right to perform construction or operations related to the Project with the Owner's own forces,
and to award separate contracts in connection with other portions of the Project or other constmctinn 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 a~ provided in Paragraph 9.10.
11.2 The Contractor shall afford the Owner and separate contractors reasonable opportunity for introduction and storage of
their materials and equipment and performance of their activities, and shall connect and coordinate the Contractor's activities
with theirs as required by the Contract Documents.
tl.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 eonsmaetiun of the Contractor. The Owner shall be
resPnnsible to the Contractor for costs incurred by the Contractor because of delays, improperly timed activities, damage to the
/dA DOCUMENT Al07 -OWNER - CONTRACTOR AGREEMENT - 1997 EDITION - AIA - COPYRIGHT 1997 - THE AMERICAN iNSTITUTE OF
kRCHTTECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON, D.C. 20006.5292. WARNING:Unlicensed photoeopying violates U.S. copyright laws and
will subject the violator to legal prosecution. This document was electronically produced with permission of the/dA and can be reproduced without violation until
the date of expiration as noted below.
Electronic Format A]07-1997
User Document: BRIDGEPORT.DOC -- 6/13/2000. AIA License Number 102184, which expires on 4/7/2001 -- Page #9
· Work or defective construction of a separate contractor,
ARTICLE 12 CHANGES IN THE WORK
12.'1 The Owner, without invalidating the Contract, may order changes in the Work within the general scope of the Contract
consisting of additions, deletions or other revisions, the Contract Sum and Contract Time being adjusted accordingly. Such
changes in the Work shall be authorized by written Change Order signed by the Owner, Contractor and Architect, or by written
Construction Change Directive signed by the Owner and Architect.
12.2 The cost or credit to the Owner from a change in the Work shall be determined by mutual agreement of the parties or, in
the case of a Cons/auction Change Directive, by the Contractor's cost of labor, material, equipment, and reasonable overhead and
profit.
12.3 The Architect will have authority to order minor changes in the Work not involving 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 be binding on the Owner and Contractor. The Contractor shall carry out such written orders promptly.
'12.4 If concealed or unknown physical conditions are encountered at the site that differ materially from those indicated in the
Contract Documents or from those conditions ordinarily found to exist, the Contract Sum and Contract Time shall be equitably
adjusted.
ARTICLE 13 TIME
13.1 Time limits stated in the Contract Documents are of the essence of the Contract. By executing the Agreement the
Contractor confh-ms that the Contract Time is a reasonable period for performing the Work.
13.2 The date of Substantial Completion is the date certified by the Architect in accordance with Subparagraph 14.4.2.
13.3 If the Contractor is delayed at any time in the commencement or progress of the Work by changes ordered in the Work,
by labor disputes, fire, unusual delay in deliveries, abnormal adverse weather conditions not reasonably anticipatable,
unavoidable casualties or any causes beyond the Contractor's control, or by other causes which the Architect 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 Paragraph 9.10.
ARTICLE 14 PAYMENTS AND COMPLETION 14.1 APPLICATIONS FOR PAYMENT
14.1.1 Payments shall be made as provided in Article 4 of this Agreement. Applications for Payment shall be in a form
satisfactory to the ~rz.':.~tcet. Owner.--
14.1.2 The Contractor warrants that title to all Work covered by an Application for Payment will pass to the Owner no later
than the time of payment. The ConWactor 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.
14.2 CERTIFICATES FOR PAYMENT
'14.2.'1 'r~....~ .-~.-.v..^""~'= ..... .,--.'~u ..,ca.=,,...... ....... ...... '~:y: a.~.er reee~Tt -ef--*flte Cv....~.c-'". . Ap~![:"-t[cn ~ Pc:,."m. cnt, e!thcr [::uc-te +ho
Owner a Certificate for Payment, with a copy to the Contractor, for such amount as thc Architect determines is properly due, or
notify the Contrantor and Owner in xwiting of the Architect': ranmns for withholding certification in whole or in part a: provided
in Subpara~aph 14.2.3.
AIA DOCUMENT Al07 -OWNER - CONTRACTOR AGREEMENT o 1997 EDITION - AIA - COPYRIGHT 1997 - THE AMERICAN INSTITUTE OF
~'{CHITECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON, D.C. 20006-5292. WARNING: Unlicensed photocopying violates U.S. copyright laws and
will subject the violator to legal prosecution. This docuatent was electronically produced with permission of the AIA and can be reproduced without violation until
the date of expiration as noted below,
Electronic Format AI07-1997
User Document: BRIDGEPORT.DOC - 6/I 3/2000. AIA License Number 102184, which expires on 4/7/2001 -- Page # 10
i4.2.2 Tk.~ is:'.:'ance-of-a CcXificat: for Payment will con:ti~tc a rcVrczcntation by thc Architect to thc Owncr, bas5d on the'
Architect': :va!uxtfcns ~ the ¥,r2rk and '~c ~xtx compri:lng the Application for Paymcnt, that the Work ha~ progre:~d to thc
point indicat~ and that, to the best of the Architect's hnowl~gc, infomatian and belief, the quailW of thc Work i: in accordance
with the Con~act Document:. The foregoing representations are subject to an evaluation of thc Work for ~nfoman~ with thc
..................... and ..,or ........ , ~ co~::tfcn ~~...fn:-,
des%ticns ~*m ~ Dcc'xmsnts pr~:r~ comp!etlon and~ specie: quaIificationz expressed ~ ArcS[t:st. ~e
Jzcuanse~ C~Jfic=t~ Payment~ fu~:r ........... ~ rcpre.entatmn '~' .u. ~ ........ · _..:.~_~ .... ~ the
amount ~mifiod, ~owever, tho i~u~ce of a Ce~ificate for Pa~ant will not bca representation that the Architect has (1) made
......... , .......~.~, ..~ ....... ~ ~rzz*d:rzz, ~ r:'.'!zwed cop!ss ~ req=fz~tfznz received ~om Submn~actor: and matzr:al
..... ~; .....~ ~.k~_ ~..~ rz~xzzt~ by the Ownor~ sub~antlate the Con.actor's right to pa~onk or (~) made examination to
a~2ain how or for what pu~o~ the ~nmctor h~ mod money previously paid on a~unt of the ~n~aot Sum.
14.2,3 Tho Ar~itoct may withhold a Certificate for Payment in whole or in part, to thc cxtcnt roar. or, ably ncee~ary to protect
the Owner, if in tho Architect's opinion tho repro~ntations to the Owner required by Subparagraph 1 q.2.2 cannot be made. If the
Architect is unable to certify payment in the amount of the Application, the Architcct%,ill notify the Contractor and Owner a~
provided in Subparagraph 1'1.2.1. The ArcS!tact Owner may also withhold a Certificate for Payment or, because of subsequently
discovered evidence, may nullify the whole or a part of a Certificate for Payment previously issued, to such extent as may be
necessary in the Architect's opinion to protect the Owner fi.om loss for which the Contractor is responsible, including loss
resulting fi.om acts and omissions described in Subparagraph 8.2.2, 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 thc unpaid balance of the Contract Sum;
.$ damage to the Owner or another contractor;
.6 reasonable evidence that the Work will not be completed within the Contract Time and that the unpaid balance
would not be adequate to cover actual or liquidated damages for the anticipated delay; or
.? persistent failure to carry out the Work in accordance with thc Contract Documents.
14.2.4 When the above reasons for withholding certification are removed, certification will be made for amounts previously
withheld.
14.3 PAYMENTS TO THE CONTRACTOR
14,3.1 The Contractor shall promptly pay each Subcontractor, upon receipt of payment from the Owner, out of the amount paid
to the Contractor on account of such Subcontractor's portinn of the Work, the amount to which said Subcontractor is entitled,
reflecting percentages actually retained from payments to the Contractor on account of such 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.
14.3.2 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.
14.3.3 A Certificate for Payment, a progress payment, or partial or entire usc or occupancy of the Project by the Owner shall
not constitute acceptance of Work not in accordance with the Contract Documents.
AIA DOCUMENT Al07 -OWNER - CONTRACTOR AGREEMENT - 1997 EDITION - AIA - COPYRIGHT 1997 - THE AMERICAN INSTITUTE OF
kP, CHITECTS, 1735 NEW YORK AVENUI~ N.W., WASHINGTON, D.C. 20006-5292. WARNING:Unlicensed photocopying violatas U.S. copyrightlaw~and
will subject the violator to legal prosecution. This document was electronically pwdueed with permission of the AIA and can be reproduced without violation until
thc date of expiration as noted below.
Electronic Format A107-1997
User Document: BRIDGEPORT.DOC -- 6/13/2000. AIA License Number 102184, which expires on 4/7/2001 -- Page #11
'14.4 SU'BSTANTIAL COMPLETION
14,4.1 Substantial Completion is the stage in the progress of the Work when the Work or designated portion thereof is
sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work for its
intended use.
14.4.2 When thc Architect determines that the Work or d~ignated portion thereof is substantially complete, the Architect will
is:ua a Certificate of 8ub~tantial 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 thc time within
wkich ~ Con=astor sh=l! ~-.~ish-ag items .-o.a.-tt~ list accompanying-tho Cc.x!ficcta. ¥,ra:'rant'~c: rsqu!rsd-Jay--tt~ Con.act
Documents ~all commence on the date of Substantial Completion of the Work or d~ignated portion thereof unless ntherwisc
..... ~. ................... -o~ ............ -Complctton, the
........................ 4~-~ ......................./~r .............. ac~ptanc~ of rcopon~tbthh~ .... ~,....qo-lhem-m
Ce:'t!fieete.
14.5 FINAL COMPLETION AND FINAL PAYMENT
'14.5.1 Upon receipt of written notice that the Work i: road), for final inspection and acceptance and upon receipt of a final
Application for Pa)meant, thc Architect will promptly make such in:poction and, when thc Architect finds the Work acceptable
under thc Contract Documents and thc Contract fully performed, thc Architect will promptly i~ue a final Certificate for Payment
stating that tn tho best of the Archit*ct's knowledge, information and belief, and on tho be:is of thc Architect'c on site vi=its and
inr, pection:, tho Work has boon completed in acoordance with terms and oonditions of tho Contract Documents and that tho entire
balance found to be due thc Contraotur and noted in tho final Certificate i: due and payable. The Architect's final Certificate for
Pc)~ent ;;'il! can:5~.:t: a further repmscntation that conditions stated in ~ubparagraph 1'1.5.2 az precedent to the Contractor's
being entitled to final payment have boon fulfilled,
14.5.2 Final paymcm sha!l~ao~ b:ezm: ~u: until tho Contractor has delivered-m tho Owner a-~al~l~e--mtease-ef-a4-1 liens
arising out of this Contract or receipts in full covorlng all labor, materials and equipment for which a lien could be filed, or a
5:n~ :mi:fzcta~, -to-lt~ On:mcr to indemnify the earner against such lizn. 4-f :u:k !lan remxln: unsatisfied after paymonB arc
made, the Contractor shall refund to tho O::'ncr~dt money that the Chvnor may be compelled to pay in discharging such lien,
including costs and reamnablc attorneys' fees.
14.5.3 The making of final payment shall constitute a waiver of claims by the Owner except those arising fi-om:
.'l liens, claims, security imerests or encumbrances arising out of the Contract and unsettled;
.2 failure of the Work to comply with the requirements of the Contract Doanments; or
terms of special warranties required by the Contract Documents.
14,5.4 Acceptance of final payment by the Contractor, a Subcontractor or material supplier shall constitute a waiver of claims
by that payee except those previously made in writing and identified by that payee as unsettled at the time of final Application
for Payment.
ARTICLE '15 PROTECTION OF PERSONS AND PROPERTY 'l 5.'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:
employees on the Work and other persons who may be affected thereby;
.2 the Work and materials and equipment to be incorporated therein; and
AIA DOCUMENT Al07 ~OWNER - CONTRACTOR AGREEMENT - 1997 EDITION - AIA - COPYRIGWr 1997 - THE AMERICAN INSTITUTE OF
S'.RCHITECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON, D.C. 20006-5292. WARNING: Unlicensed photocopying violates U.S. copyright laws and
will subject the violator to l~gal prosecution. This document w~ elecU~nically produc,d with permission of the AIA and can be reproduced without violation until
th~ date of expiration as noted below.
Electronic Format A107-1997
User Document: BRIDGEPORT,DOC - 6/13/2000. AIA License Number 102184, which expires on 4/7/2001 -- Page # 12
other property at the site or adjacent thereto.
The Contractor shall give notices and comply with applicable laws, ordinances, roles, regulations and lawful orders of public
authorities bearing on safety of persons and property and their protection from damage, injury or loss. The Contractor shall
promptly remedy damage and loss to property caused in whole or in part by the Contractor, a Subcontractor, a sub-subcontractor,
or anyone directly or indirectly employed by any of them, or by anyone for whose acts they may be liable and for which the
Contractor is responsible under Subparagraphs 15.1.2 and 15.1.3, except for damage or loss attributable to acts or omissions of
the Owner or Architect or by anyone for whose acts either of them may be liable, and not attributable to the fault or negligence
of the Contractor. The foregoing obligations of the Contractor are in addition to the Contractor's obligations under Paragraph
8.13.
15.2 HAZARDOUS MATERIALS
15.2.1 If reasonable precautions will be inadequate to prevent foreseeable bodily injury or death to persons resulting from a
material or substance, including but not limited to asbestos or polychinrinatad biphenyl (PCB), encountered on the site by the
Contractor, the Contractor shall, upon recognizing the condition, immediateIy 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 ConWactor. The Contract Time shall be extended
appropriately and the Contract Sum shall be increased in the amount of the Contractor's reasonable additional costs of shutdown,
delay and start-up, which adjustments shall be accomplished as provided in Article 12 of this Agreement.
16.2.2 To the fullest extent permitted by law, the Owner shall indemnify and hold harmless the Conmactor, Subcontractom,
Architect, Architect's consultants and agents and employees of any of them from and against claims, damages, losses and
expanses, including but not limited to attorneys' fees, arising out of or resulting from performance of the Work in the affected
area if in fact the material or substance presents the risk of bodily injury or death as described in Subparagraph 15.2.1 and has
not been rendered 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), and provided that such damage, loss or
expense is not due to the sole negligence of a patty seeking indemnity.
15.2.3 If, without negligence on the part of the Con,actor, the Contractor is held liable for the cost of remediation of a
hazardous material or substance solely by reason of performing Work as required by the Contract Documents, the Owner shall
indemnify the Contractor for all cost and expense thereby incurred.
ARTICLE 16 INSURANCE
16.1 The Contractor shall purchase from and maintain in a company or companies lawfully authorized to do business in the
jurisdiction in which the Project is located insurance for protection from claims under workers' compensation acts and other
employee benefit acts which are applicable, claims for damages because of bodily injury, including death, and claims for
damages, other than to the Work itself, to property which may arise out of or result from the Contractor's operations under the
Contract, whether such operations be by the Contractor or by a Subcontractor or anyone directly or indirectly employed by any
of them. This 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 Contractors obligations.
Certificates of Insurance acceptable to the Owner shall be fried with the Owner prior to eommencamant of the Work. Each policy
shall contain a provision that the policy will not be canceled or allowed to expire until at least 30 days' prior written notice has
been given to the Owner.
16.2 OWNER'S LIABILITY INSURANCE
The Owner shall be responsible for purchasing and maintaining the Owner's usual liability insurance.
16.3 PROJECT MANAGEMENT PROTECTIVE LIABILITY INSURANCE
16.3.1 Optionally, the Owner may require the Contractor to purchase and maintain Project Management Protective Liability
insumnbe from the Contractor's usual sources as primary coverage for the Owner's, Contractor's and Architect's vicarious
liability for construction operations under the Conmact. Unless otherwise required by the Contract Documents, the Owner shall
reimburse the Contractor by increasing the Contract Sum to pay the cost of purchasing and maintaining such optional insurance
AIA DOCUMENT Al07 OWNER ~ CONTRACTOR AGREEMENT - 1997 EDITION - AIA - COPYRIGHT 1997 ~ THE AMERICAN INSTITUTE OF
~d~.CHITECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON, D,C. 20006-5292, WARNING: Unlicensed photocopying violates U.S. copyright laws and
will subject the violator to legal prosecution. This document wa~ electronically produced ,~,ith permission of the A1A and can be reproduced without violation until
the date of expiration as noted below.
Electronic Format A107-1997
User Document: BRIDGEPORT.DOC - 6/13/2000. AIA License Number 102184, which expires on 4/7/2001 -- Page g13
coverage, ahd the Contractor shall not be responsible for purchasing any other liability insurance on behalf of the Owflar. The'
minimum limits of liability purchased with such coverage shall be equal to the aggregate of the limits required for Contractor's
Liability insurance under Paragraph I6. I.
~16.3.2 To the extent damages are covered by Project Management Protective Liability insurance, the Owner, Contractor and
Architect waive all rights against each other for damages, except such rights as they ma) have to the proceeds of such insurance.
The policy shall provide for such waivers of subrogation by endorsement or otherwise.
16.3.3 The Owner shall not require the Contractor to include the Owner, Architect or other persons or entities as additional
insureds on the Contractor's Liability insurance under Paragraph 16.1.
'16.4 PROPERTY INSURANCE
16.4/I Unless otherwise provided, the Owner shall purchase and maintain, in a company or companies lawfully authorized to
do business in the jurisdiction in which the Project is located, property insurance on an "all-risk" policy form, including builder's
risk, in the amount of the initial Contract Sum, plus the value of subsequent modifications and cost of materials supplied and
installed by others, comprising total value for the entire Project at the site on a replacement cost basis without optional
deductibles. Such property insurance shall be maintained, unless otherwise provided in the Contract Documents or otherwise
agreed in writing by all persons and entities who are beneficiaries of such insurance, until final payment has been made as
provided in Paragraph 14.5 or until no person or entity other than the Owner has an insurable interest in the property required by
this Paragraph 16.4 to be covered, whichever is later. This insurance shall include interests of the Owner, the Contractor,
Subcontractors and sub-subcontractors in the Project.
16.4.2 The Owner shall file a copy of each policy with the Contractor before an exposure to loss may occur. Each policy shall
contain a provision that the policy will not be canceled or allowed to expire, and that its limits will not be reduced, until at least
30 days' prior written notice has been given to the Contractor.
16.5 WAIVERS OF SUBROGATION
'16.5.1 The Owner and Contractor waive ail rights against (I) each other and any of their subcontractors, sub-subcontractors,
agents and employees, each of the other, and (2) the Architect, Arehitect's consultants, separate contractors described in Article
11, if any, and any of their subcontractors, sub-subcontractors, agents and employees for damages caused by fire or other causes
of loss to the extent covered by property insurance obtained pursuant to Paragraph 16.4 or other property insurance 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 11, if
any, and the subcontractors, sub-subcontractors, agents and employees of any of them, by appropriate agreements, written where
legally required for validity, similar waivers each in favor of other parties enumerated herein. The policies shall provide such
waivers of subrogation by endorsement or otherwise. A waiver of subrogation shall be effective as to a person or entity even
though that person or entity would otherwise have a duty of indenmification, contractual or otherwise, did not pay the insurance
premium directly or indirectly, and whether or not the person or entity had an insurable interest in the property damaged.
'16.5.2 A loss insured under the Owner's property insurance shall be adjusted by the Owner as fiduciary and made payable to
the Owner as fiduciaw for the insurers, as their interests may appear, subject to requirements of any applicable mortgagee
clause. The Contractor shall pay Subcontractors their just shares of insurance proceeds received by the Contractor, and by
appropriate agreements, written where legally required for validity, shall require Subcontractors to make payments to thch
sub-subcontractors in similar manner.
ARTICLE 17 CORRECTION OF WORK
17.1 The Contractor shall promptly correct Work rejected by the Architect or failing to conform to the requirements of th
Contract Documents, whether discovered before or after Substantial Completion and whether or not fabricated, installed c
completed. Costs of correcting such rejected Work, including additional testing and inspections and compensation for tln
Architect's services and expenses made necessary thereby, shall be at the Contractor's expense.
11.2 In addition to the Contractor's obligations under Paragraph 8.4, if, within one year after the date of Substanti
A1A DOCUMENT Al07 -OWNER = CONTRACTOR AGREEMENT - 1997 EDITION - AIA . COPYRIGHT 1997 - THE AMERICAN INSTITUTE
ARCHITECTS, 1735 NEW YORK AVENUE N.W., WASH/IqGTON, D.C. 20006-$292. WARNING:Unlicensed photocopying violams U.S. copyright laws ~
will subject the violator to legal prosecution. This document was electronically produced with permission of the A1A and can bt reproduced without violation u
the date of expiration as noted below.
Electronic Format Al07-1!
User Document: BRIDGEPORT.DOC- 6/13/2000. AIA License Number 102184, which expires on 4/7/2001 - Page
Completion of the Work or designated portion thereof or after the date for commencement of warranties established under
Subparagraph 14.4.2, or by terms of an applicable special warranty required by the Contract Documents, any of the Work is
found to be not in accordance with the requirements of the Contract Documents, the Contractor shall correct it promptly after
receipt of written notice from the Owner to do so unless the Owner has previously given the Contractor a written acceptance of
such condition. The Owner shall give such notice promptly after discovery of the condition. During the one-year period for
correction of Work, if the Owner fails to notify the Contractor and give the Contractor an opportunity to make the correction, the
Owner waives the rights to require correction by the Contractor and to make a claim for breach of warranty.
1 7.3 If the Contractor fails to correct nonconforming Work within a reasonable time, the Owner may correct it in accordance
with Paragraph 7.3.
17.4 The one-year period for correction of Work shall be extended with respect to portions of Work first performed after
Substantial Completion by the period of time between Substantial Completion and the actual performance of the Work.
'17.5 The one-year period for correction of Work shall not be extended by corrective Work performed by the Contractor
pursuant to this Article 17.
ARTICLE 18 MISCELLANEOUS PROVISIONS 18.1 ASSIGNMENT OF CONTRACT
Neither party to the Contract shall assign the Contract without written consent of the other.
18.2 GOVERNING LAW
The Contract shall be governed by the law of the place where the Project is located.
18.3 TESTS AND INSPECTIONS
Tests, inspections and approvals of portions of the Work required by the Contract Documents or by laws, ordinances, rules,
regulations or orders of public authorities having jurisdiction shall be made at an appropriate time, Unless otherwise provided,
the Contractor shall make arrangements for such tests, inspections and approvals with an independent testing laboratory or entity
acceptable to the Owner, or with the appropriate public authority, and shall bear all related costs of tests, inspections and
approvals. The Contractor shall give the Architect timely notice of when and where tests and inspections are to be made so that
the Architect may be present for such procedures. The Owner shall bear costs of tests, inspections or approvals which do not
become requirements until after bids are received or negotiations concluded.
18.4 COMMENCEMENT OF STATUTORY LIMITATION PERIOD
As between Owner and ConWactor, any applicable statute of limitations shall commence to mn and any alleged cause of action
shall be deemed to have accrued:
.1 not later than the date of Substantial Completion for acts or failures to act occurring prior to the relevant date of
Substantial Completion;
,2 not later than the date of issuance of the final Certificate for Payment for acts or failures to act occurring subsequent to
the relevant date of Substantial Completion and prior to the issuance of the final Certificate for Payment; and
· $ not inter than the date of the relevant act or failure to act by the Contractor for acts or failures to act occurring after the
date of the final Certificate for Payment.
ARTICLE 18 TERMINATION OF THE CONTRACT 19.1 TERMINATION BY THE CONTRACTOR
If thc Architect fail: to recommend payment for a period of 30 day: through nc fault of the C~ntractor, or if If the Owner .fails
to make payment thereon for a period of 30 days, the Contractor may, upon seven additional days' written notice to the Owner
a~t ~e Ar:hitcot, terminate the Contract and recover from the Owner payment for Work executed and for proven loss with
~ DOCUMENT Al0? -OWNER - CONTRACTOR AGREEMENT - 199'~ EDITION - AIA - COPYRIGHT 1997 - THE AMERICAN INSTITUTE OF
ARCHITECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON, D.C. 20006-$292. WARNING:Unlicensed photocopying violates U.S. copyrightlawsaod
will subject the violator to legal prosecution. This docuroent was electronically produced with permission of the AIA and eon be r~produced without violation until
the dat~ of expiration as noted below.
Electronic Format A107-199'
User Document: BRIDGEPORT.DOC - 6/1312000. AIA License Number 102184, which expires on 4///2001 - Page #1
respect to materials, equipment, tools, and construction equipment and machinery, including reasonable overhead, profit and
damages applicable to the Project.
19.2 TERMINATION BY THE OWNER
19.2.1 The Owner may terminate the Contract if the Contractor:
.1 persistently or repeatedly refuses or fails to supply enough properly skilled workers or proper materials;
.2 fails to make payment to Subcontractors for materials or labor in accordance with the respective agreements
between the Contractor and the Subcontractors;
.$ persistently disregards laws, ordinances, or roles, regulations or orders of a public authority having jurisdiction; or
.4 otherwise is guilty of substentia! breach of a provision of the Contract Documents.
19.2,2 When any of the above masons 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 ar.a- take pcz:ccz~.e.-.-ef-4he cite an'Leg-att matarial~, equipment, tecl:, a.~fl ,cunztruction
equipment and machinery thereon ovraod by tho Contractor and may £mish the Work by whatever reasonable method the Owner
may deem expedient. Upon request of the Contractor, the Owner shall furnish to the Contractor a detailed accounting of the costs
incurred by the Owner in finishing the Work.
19.2.3 When the Owner terminates the Contract for one of the reasons stated in Subperagmph 19.2.l, the Contractor shall not
be entitled to receive further payment until the Work is t'mished.
19.2.4 If the unpaid balance of the Contract Sum exceeds costs of finishing thc 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 applicatiun, and this obIigatian for payment shall survive termination of the Contract.
ARTICLE 20 OTHER CONDITIONS OR PROVISIONS
· The Owner is to furnish the Contractor with three (3) sets of dmwin~,s at his exoense.
~.IA DOCUMENT Al07 -OWNER - CONTP,.ACTOR AGREEMENT - 1997 EDITION - .MA - COPYRIGHT 1997 - THE AMERICAN INSTITUTE OF
AP, CHITECTS, 1735 NEW YORK AVENUE N.W,. WASHINGTON, D.C. 20006-5292. WARNING: Unlicensed photocopying violates U.S, copyright laws and
will subject the violator to I~gal prosecution. This document '~.~ electronically produced with permission of the AIA and can bt r~pmduccd without violation until
thc dat~ of expiration ~s noted below.
Electronic Format A107-199~
User Document: BRIDGEPOKT.DOC - 6/13/2000. AIA License Number 102184, which expires on 4/7/2001 -- Page # It
/ ?S anCTOa(si n t r //
Mark Stanbau~h Jonathan R. Kinslev, President
(Printed name and lille)
(Printed name and title)
~/A DOCUMENT Al07 -OWNER - CONTRACTOR AGREEMENT - 1997 EDITION - A1A - COPYRIGHT 1997 - THE AMEP~ICAN INSTITUTE OF
ARCHITECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON, D.C. 20D06-5292. WAR311NG:Unlieensed photo¢opying violates U.S. ¢opyright laws and
xvill subject the violator to legal prosecution. This documen'/was electronically produced with permission of the AIA and can be reproduced without violation umil
the date of expiration as noted below.
Electronic Format A107-1997
User Document: BRIDGEPORT,DOC -- 6/13/2000. AIA License Number 102184, which expires on 4/7/2001 -- Page #17
~%ay.31, 2000e 8:53AI~A F~qAICHAEL t,~ARTIN INCs~vzo 7~7 ~9 ~1 2N0.5835"¥ ?, 2 P. 2
KINS~¥ ~NST~ i~C F~X NO, ?177419054
?,02
EXHIBIT "A"
COI~1.~ ITRM ~ POI~, ~ SUM OF .......... .~. .................. ' ................... $ 49,600.00 '
~Y-2~-O0 ?}tlJ 1~:2~ ~(II~LE¥ OOEg?R INO
NO, ?t'i74t9054
I~,
EXHIBIT "A"
?:
.8.
,(:OMI~L~T~ ~ a? FO~. T:-I~ SUM O?
~i~ht,Tha~aad 341ne l~m~md ........... ' .................................... : ............................ Doll.~ri)
Twa ~uadt~t .............................. : ................................................
S-May.31. 2000'~ 8:53AU F~cMICHAEL ~ARTIN iNCSE~VZO '7'i'7 ~ ~l N0.5835 P. 4 ~.~.
EXHIBIT "A"
.,
8001~ ~ C~a Ma~ 'rre~hLq~, L'~udln~ ~u~nm 8~ldl~S.
(ll~e~ lhatmmd O~ }t~.tml Tweat7 ......................' ! ...................................... Doll~)
tO.
· Fgmith sad Lay 200 LF of 4" PVC Utility Co.alu fi~r cie ,c~.',', icl~h~v: muf cable
.(Ou~ Huu, dl;ed. Six~-lqhelhounud r, iL, bt .lhad~d Twut~ ..... : ...... _.. ..
pl~m* p~wpar~l I~Trloo~r ~lin~n'~ 8~e*% Inc. ~ ~ exception, o~th~ tbtloud~,~,
EXHI'BIT "A"
7'. 'Om, q~oi~o, i$ Im~ upon e~b ~:~v.aiion. 1~,o~, t£ en~ountz~l, wt~ 1~ bl~-~d ~nd ~
CLASS
TRUCKS
LOADERS
HOES
SCRAPERS
DOZERS
GRADERS
CRANE
ROLLERS
KINSLEY CONSTRUCTION, INC.
LABOR AND EQUIPMENT TIME & MATERIAL RATES - PA
Effective Date: April 26, 2000
Page I of 3
EQUIPMENT NAME
TRACTOR TRAILER
AGITOPJCONCRETE MIXER
ARTICULATED HAULER-VOLVO A30
ARTICULATED HAULER-VOLVO A35
TRI-AXLE DUMP
TEN WHEEL DUMP/WATER TRUCK
SINGLE AXLE DUMP TRUCKS/DISTRIBOR TRUCK
FLAT BED/STAKE BODY
PICK-UPS
HIGHLIFT 953/935
HIGHUFT 963
HIGHLIFT 973
BOSCAT/UNILOADER
UNILOADER/PLANER
CAT IT28/928/936 RT LOADER
CAT 950F WHEEL LOADER
RUBBER TIRE BACKHOE-ALL TYPES 2WD
RUBBER TIRE BACKHOE-ALL TYPES 4 WD
BOBCAT EXCAVATOR
CAT EL200/320/225/312/315
GRADALL-ALL TYPES
CAT 325/EL300/330/231
CAT 345
CAT 375
KOBELCO SK400LC - MASS EXCAVATOR/CAT 350
TS-14 SCRAPER
CAT SCRAPER
CAT D-4/D-3
CAT D-5/D-6
CAT D-8
J0570 GRADER
MAINTAINER
CAT 140 GRADER
CAT 120 GRADER
GROVE CRANE-18 TON/22 TON
GROVE CRANE-50 TON
GROVE CRANE-40 TON
SHUTTLE CRANE
33300 SHU'UDLE CRANE
GROVE CRANE-75 TON
GROVE CRANE-150 TON
BOOM TRUCK
COMPACTORS-CAT 815
MINI-ROLLERS BW-90
SMALL ROLLERS-DD241DD32
MEDIUM ROLLERS - D065/SD-70
LARGE ROLLERS - DDg0/SD-100
X-LARGE ROLLERS - D0110
RUBBER TIRED ROLLER-ROSCO TRU-PAC 9
REG STATIC ROLLERS
PROOF ROLLER - 50 TON
WALK BEHIND ROLLERS
EXHIBIT "B'~
HOURLY RATES
80.00
85.00
115.00
140.00
64.00
60.00
54,60
37.00
32.00
80,00
92.00
108.00
52.00
80.00
80.00
80.00
54.00
58.00
58.00
92.00
115,00
120.00
135.00
258.00
145,00
140.00
170.00
75,00
85.00
130,00
70.00
68.00
82.00
78.00
90.00
115,00
110.00
90.00
125.00
155.00
175.00
80.00
90.00
65.00
70,00
75.00
80.00
100.00
55.00
50.00
45.00
54.00
KINSLEY CONSTRUCTION, INC,
LABOR AND EQUIPMENT TIMI~ & MATERIAL RATES - PA
Effective Date: /~pril 26, 2000
Page 2 {3f 3
EXHIBIT "B"'
PAVERS-ASPHALT
TRAC DRILL
COMPRESSORS
SAWS
LIFTS
CONCRETE EQUIP
MISC
10' PAVER 461
8' PAVER 361
BLACKTOP CURBER
ROAD WIDENER-RW38
STONE BOX
ROAD WIDENER-RWI00
ROAD WIDENER-RW195
TPAC DRILL
IR 150-175 COMP
QUIK-CUT SAW
FLOOR SAW
HYDRAULIC SAW
CHAIN SAW
WALL SAW WITH COMP.
WALL SAW I ICS HYDRAULIC
FORKLIFT
JLG LIFT (40 FT~
JLG LIFT (80 FT)
SCISSORS LIFT
P~- I'1 IBONE LIFT
TRILIFTER-INDUSTRIAL
CONCRETE CURB MACH - OLD MACHINE
CONCRETE CURB MACH - NEW POWER CURB MACHINE
GEORGIA BUGGIES
CEMENT MIXER (NO OPR)
CONCRETE PUMP
TROWEL MACH (SINGLE)
TROWEL MACH (DOUBLE & RIDER)
FINISHING MACH\GOMAC
LASER SCREED S100
LASER SCREED S240
MATERIAL SPREADER
TRIMMEPJP LACER-GOMACO - GT~000
TOPPING SPREADER
GOMACO COMMANDER SLIPFORM PAVER(4-10 FT)
GOMACO COMMANDER III (FOUR TRAC) PAVER (10-20FT)
GOMACO PLACER/FINISHER-PS2600
GOMACO GHP-2800 (4 TRAC) CONC. PAVER (12-24 FT)
GOMACO TC6O0, 32" TEXTURE/CURE MACHINE
ARROW BREAKER
AUTOS/UTILITY VEHICLES (NO OPERATOR)
BOBCAT BREAKER W/MINI X
BORING MACHINE
CONCRETE DRILL
CORE DRILL WI8" BIT-CSD8
CLr~-I'ING TORCH
COMPACTOR PLATE W/HOE
ELECTRONIC LEVELS
E-Z AIR DRILLS - TRIPLE
GENERATORB (NO OPERATOR)
HOLE HOG W/COMP.
JACK HAMMER
MILLING MACHINES
130,00
120,00
55.00
50.00
100.00
114.00
150.00
90.00
45.00
50.00
105.00
80.00
47.00
110.O0
220.00
54,00
60.00
65.00
52.00
64.00
180.00
145.00
115.00
33.00
15.00
55.00
40,00
44.00
85.00
175.00
250.00
100.00
300,00
175,00
250.00
300.00
250.00
350.00
175.00
110.00
8.00
80.00
195.00
72.00
54,00
38.00
85.00
50.00
88.00
10.00
70,00
34.00
70.00
(MISC - CONTINUED)
LABOR ONLY
KINSLEY CONSTRUCTION, INC.
LABOR AND EQUIPMENT TIME & MATERIAL RATES - PA
Effective Date: April 26, 2000
Page 3 of 3
NPK BREAKER W/BACKHOE
NPK BREAKER W/TRACKHOE
PIPE LASER
SAFETY EQUIPMENT (NO OPERATOR)
SAND BLASTER W/COMP
SEEDER/MULCH W/TRK
SNOWBLOWER
STEAM CLEANING EQUIPMENT
STREET SWEEPER
TACK TRAILER W/TRUCK
TENANT SWEEPER/SCRUBBER
TEST EQUIPMENT-ALL TYPES
TRACTOR WIA'I-rACH
TRAFFIC CONTROL EQUIPMENT (NO OPERATOR)
TRAILERS/OFFICE & STORAGE (NO OPERATOR)
TRAILERS-LOWBOYS ( NO OPERATOR)
TRENCHER SHIELDS (NO OPERATOR)
TRENCHERS
VIBRATING SCREED
WACKER/TAMPER
WATER PUMP ( NO OPERATOR)
WELDER
WELDER W/TRUCK
SUPERINTENDENT
FOREMAN
CREW~EAD PERSON
OPERATOR
CARPENTER
TRADES
LABOR
TRUCKDRIVER
EXHIBIT "B';
134.00
175,00
58,00
10.00
54.00
75.00
45,00
40.00
43.00
45,00
47.00
50.00
12.00
4.00
10.00
10.00
75.00
40.00
40.00
10.00
40.00
48.00
50,00
40.00
39.00
39.00
35.00
34.00
30,00
30,00
Exhibit B
K1NSLEY CONSTRUCTION, INC. JAN 16, 2001 8:50:36
AR51D CUSTOHER - TRANSACTION PAGE I
CUSTOMER ACCOUNTS
Ffrst TRROUGN Last
TRANS# T INVOICE CDNTBAET HONTR DATE DUE DESCRIPTION
TOTAL DUE RETAINAGE CURRENT CHECK RT
BRIDGEPORT ASSOCIATES INC 2480
34210 I 6341 9677- 07/00 07/31/00 08/30/00 JB PROGRESS APP#
37~81P 9677- 12/00 12/05/00
TOTAL INVOICE
2 50,79D.00
-30,000,00
20,790,00
34991
6478 96'~/'~ 08/00 00/31/00 09/30/00 JB PROGRESS APP# 3 32,725.00
TOTAL INVOICE : 32,725.00
35704 I
6655 9677- 09/00 09/30/00 11/01/00 JH PROGRESS APP# 4
TOTAL INVOICE :
13,805,00
13,805,00
TOTAL CUSTOMER :
67,320.00
1
75741
0.00 20,790.00
1
0.00 32,725.00
1
O.O0 13,1~05.00
0.00 67,320,00
*** RECEIVABLE TYPE SUMMARY ***
TYPE GL ACCOUNT
REG 1100 RECEIVABLES ~ CONSTRUCTION
RET 1110 RETAINAGE
RECEIVABLE TYPE TOTALS :
GRAND TOTAL :
67,320.00
67,320.00
67~320.00
67,320.00
0.00 67,320.00
0.00 67,320.00
Exhibit C
J~N-15-O1 ~ON 18;~0 H~RT~N & ~SSO0, F~X NO, 7177~72083 P, 02
LEGAL DESCRIPtiON OF
PHASE 2
THE WOODS AT BRIDGEPORT
LEMOYNE BOROUGH, CUMBERLAND COUNTY
PENNSYLVANIA
BEGINNING at a point, said point being located on the eastern right-of-way iine
of Crain Circle at the common line between Phase I of The Woods at
Bridgeport and Phase 2 of The Woods a; Bridgeport, said point be)ng
referenced from the intersection of the northern right-of-way llne of Bridge
View Drive and the eastern right-of-way line of Crain Circle the following 5
COUrSeS|
1)
2)
3)
4)
5)
on the arc of a curve curving to the right having a radius of 10.00 feet
and an arc length of 17.28 feet to a point on the western right-of-way
line of Craln Circle,
along the eastern right-of-way llne of Crain Circle North 38 degrees 41
minutes 48 seconds West, a distance of 83.66 feet to a point,
along the same on the arc of a curve curving to the right having a radius
of 375.00 feet and an arc length of 84.65 feet to a point,
along the same North 25 degrees 45 minutes 50 seconds West, a
distance of 95.32 feet to e point,
along the same on the arc of a curve curving to the left having a radius
of 250.00 feet and an arc length of 82.94 feet to a point;
thence continuing along the eastern right-of-way line of Crain Cirole on the arc
of a curve curving to the left having a radius of 250.00 feet and an arc length
of 103.89 feet to a point; thence along the same North SS degrees 34 minutes
45 seconds West, a distance of 101.38 feet to a point; thence along the same
on the arc of a curve curving to the right having a radius of 20,00 feet and an
arc length of 17.45 feet to a point; thence along the same on the arc of a
curve curving to the left having a radius of 50.00 feet and an arc length of
82,80 feet to a point at Phase 4 of The Woods at Bridgeport; thence along
Phase 4 North 24 degrees 55 minutes 14 seconds West, a distance of 61,79
feet to a point at Phase 3 of The Woods at Bridgeport; thence along Phase 3
North 44 degrees 36 minutes a,5 seconds East, ~ distance of 167.43 feet to a
point on the western right-of-way line of Bridge View Drive; thence along the
western right-of-way line of Bridge View Drive South 39 degrees 49 minutes
54 seconds East, a distance of 12.64 feet to a point; thence along the same
on the erg of a ourve curving to the left having a radius of 261.66 feet and an
;~ro length of 55,26 feet to a point; them;e ~long the same ~outh 51 degrees
55 minutes 55 seconds East, a distance of 191,23 feet to a point; thence
J~N~I5-01 NON 16:31 HRBT~RN & RSSOC, FRN NO, 7177372063 P, 03
along the same on the arc of a curve curving to the right having a radius of
375.00 feet and an arc length of 50.31 feet to a point; thence along the same
South 44 degrees 14 minutes 43 seconds East, a distance of ~0,12 feet to e
point et Phase 1 of The Woods at Bridgeport; thence along Phase 1 South 44
degrees $6 minutes 18 seconds West, a distance of 126,:25 feet to a point on
the e~stern right-of, way llne of Crain Circle; the point of BEGINNING.
Phase 2 contains 52,552,99 square feet or 1.206a. ecres.
SHERIFF'S RETURN - OUT OF COUNTY
CASE NO: 2001-00542 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
KINSLEY CONSTRUCTION INC
VS
BRIDGEPORT ASSOCIATES INC
R. Thomas Kline
duly sworn according to law, says, that he made a diligent
and inquiry for the within named OWNER , to wit:
BRIDGEPORT ASSOCIATES INC
but was unable to locate Them in his bailiwick.
deputized the sheriff of County,
serve the within MECHANICS LIEN CLAIM
Sheriff or Deputy Sheriff who being
search and
He therefore
Pennsylvania, to
On February 13th 2001 , this office was in receipt of the
attached return from
Sheriff's Costs:
Docketing 24.00
Out of County 9.00
Surcharge 20.00
DAUPHIN COUNTY 37.50
.00
90.50
02/Z3/2001
Sheriff of Cumberland County
BARLEY SYDER SENFT COHEN
Sworn and subscribed to before me
this ~ day of ~7
2~! A.D.
' ' PrcthonotAr~
'The Court of Common Pleas of Cumberland CountT, Pennsylvania
Kinsley Construction, Inc.
Bridgeport Associates, Inc., et. al.
Bridgeport Assoc., Inc. No. 01-542 civil (MLD)
(Highspire location)
Now, 1 / 29 / 01 ,20_0 O, f, SI-rEP. IFF OF CUMBERLAND COUNTY, PA, do
hereby deputize the Sheriffof Dauphin County to execute this Writ, this
deputation being made at the request and risk of the Plaintiff.
Sheriff of Cumberland County, PA
within
upon
at
LV hm~ding to
and made lmown to
Affidavit of Service
,20_ , at
o'clock
copy of the original
SO answgr$~
served the
consents thereof.
Sworn and subscribed before
me this day of
; 20_
Sheriff of
COSTS
SERVICE
MILEAGE
AFFIDAVIT
Con=W, PA
· InTbe Court of Common Pleas of Cumberland County, Pennsylvania
Kinsley Construction, Inc.
VS.
Bridgeport Associates, Inc , et. al.
Serve: Bridgeport Assoc., Inc.
(Harrisburg, Location) N0.01-542 Civil
Now, 1/29/01 ,20 O ~, I, SHERIFF OF CUIvfBERLAND COLrNT¥, PA, do
hereby deputize the Sheriff of Dauphin Co~mty to execute this Writ, this
deputation being made at the reque~ and risk of the Plaint/ff.
Sheriff of Cumberland Count>j, PA
AffidavSt of Service
within
,20 . , at o'clock __ M. served ~he
upon
by handing to
a
and made lmown to
copy of the ori~nal
the contents thereof.
So answers,
Sworn and subscribed before
me ~n/s.. day of
,2O
COSTS
SERVICE
MILEAGE
~aJFIDAVIT
Mary. Jane Snyder
Real Estate Deputy
William T. Tully
Solicitor
Dauphin County
Harrisburg, Pennsylvania 17101
ph:(717)255.2660 fax:(717)255.2889
Jack Lotwick
Sheriff
Ralph G. McAllister
Chief I:~puty
Michael W. Rinehart
Assistant Claie f Deputy
Commonwealth of Pennsylvania
County of Dauphin
KINSLEY CONSTRUCTION INC
BRIDGEPORT ASSOCIATES
Sheriff's Return
No. 0358-T - -2001
OTHER COUNTY NO. 01-542 MLD
AND NOW: February 8, 2001 at 10:55AM served the within
MECHANICS LIEN
BRIDGEPORT ASSOCIATES
to MARK STAUBAUGH, SR PRESIDENT
of the original MECHANICS LIEN
to him/her the contents thereof at 128 STATE ST.
HBG, PA 17101-0000
upon
by personally handing
1 true attested copy(les)
and making known
Sworn and subscribed to
fore me this 9TM day of FEBRUARY, 2001
So Answers,
Deputy Sheriff
Sheriff's Costs: $37.50 PD 02/07/2001
RCPT NO 146144
WEVODAU
Mary Jane Snydcr
Re~ Estate Deputy
William T. Tully
Solidtor
Dauphin County
Harrisburg, Pennsylvania 17101
ph:(717)255-2660 fax:(717)255-2889
Jack Lotwick
Sheriff
Ralph G. McAllister
Chief Deputy
Michael W. Rinehart
Assistant Clxief Deputy
Commonwealth of Pennsylvania
County of Dauphin
AND NOW: February 8, 2001
MECHANICS LIEN
BRIDGEPORT ASSOCIATES /NC
to MARK STAUBAUGH,
of the original
to him/her the contents thereof at
SR. PRESIDENT
MECHANICS LIEN
427 2ND ST.
HIGHSPIRE, PA
KINSLEY CONSTRUCTION INC
vs
BRIDGEPORT ASSOCIATES
Sheriff's Return
No. 0358-T - -2001
OTHER COUNTY NO. 01-542 MLD
at 10:55AM served the within
upon
by personally handing
1 true attested copy(les)
and making known
17034-0000
Sworn and subscribed to
fore me this 9TH day of FEBRUARY, 2001
PROTHONOTARY
So Answers,
Deputy Sheriff
Sheriff's Costs: $37.50 PD 02/07/2001
RCPT NO 146144
WEVODAU
MAY,-.O7'OI(MON) 13:41 ADLER & CL^RAVAL TEL:717 2341670 P, O02
KINSLEY CONSTRUCTION, XNC.,
Pla£n~iff
liRIDGEPOI~T ASSOCIATES, INC.
Defendant
IN TI{E COURT OF COMMON PLEAS
CUMBERLAND COUR-TY, PENNSYLVANIA
NO. 01-542 MLD TE~M
MECHANICS' LIEN
TO THE PROTHONOTARY:
You are hereby directed to mark the above-captioned mechanics'
lien satisfied and the property described therein shall be deemed
released from said mechanics' lien.
Esquire