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Home My WebLink About00-02484 -'~ . " ~ c.', liJ'i~. .I.. ....' KELLY SYSTEMS, INC" Plaintiff : IN THE COURT OF COJ\1MON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA v, : CIVIL ACTION - LAW UNITED STATES FIDELITY AND GUARANTY COMPANY, and ST, PAUL FIRE AND MARINE INSURANCE COMPANY, Defendants : No, 00 - ~'1?1 Cu~CT~ NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the follOwing pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you, You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or any other claim for relief requested by the Plaintiff, You may lose money or property or other right important to you. YOU SHOULD TAKE TIllS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP, Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania (717) 249-3166 " ? '" KELLY SYSlEMS, INC" Plaintiff : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA v, CIVIL ACTION - LAW UNllED STAlES FIDELITY AND GUARANTY COMPANY, and ST, PAUL FIRE AND MARINE INSURANCE COMPANY, : No, (1-0- ,;z.'tFCf r!..wJ. -r~ Defendants COMPLAINT AND NOW comes the Plaintiff, Kelly Systems, Inc" who, by and through its attorneys, Thomas A, Beckley, Esquire, Thomas S, Beckley, Esquire, and Beckley & Madden, of Counsel, files this Complaint against the Defendants, United States Fidelity and Guaranty Company and the St, Paul Fire and Marine Insurance Company, and in support thereof, makes the following averments: I, Plaintiff is Kelly Systems, Inc, ("Kelly Systems"), a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with a business address of 1213C Paxton Church Road, Harrisburg, Pennsylvania 1711 0, 2, Defendants are: (A) United States Fidelity and Guaranty Company ("USF&G"), a corporation organized and existing under the laws of the State of Maryland, with a business address of 5801 Centennial Way, Baltimore, Maryland 21209; and (B) St. Paul Fire and Marine Insurance Company ("St. Paul"), a corporation organized and existing under the laws of the State of Minnesota, with offices -ij .' .... . i.. located at 5801 Centennial Way, Baltimore, Maryland 21209, Upon information and belief, St. Paul acquired USF&G. COUNT I - BREACH OF CONTRACT 3, Plaintiff hereby incorporates paragraphs I and 2 of this Complaint as though set forth here at length, 4, On or about September 19, 1997, CCI Construction Co" Inc, ("CCI Construction"), a Pennsylvania corporation, entered into a contract with Balanced Care Corporation in which CCI Construction agreed to erect and construct an assisted living facility (the "Project") in Mechanicsburg, Cumberland County, Pennsylvania, for Balanced Care Corporation, 5, CCI Construction obtained a labor and materials payment bond listing as the surety the United States Fidelity and Guaranty Company, A true and correct copy of the payment bond is incorporated herein, made a part hereof, and attached hereto as Exhibit A, 6, On or about November 5, 1997, CCI Construction entered into a written contract with Kelly Systems in which Kelly Systems agreed to provide and install framing, insulation and wallboard on the Project. A true and correct copy of the subcontract is incorporated herein, made a part hereof, and attached hereto as Exhibit B, 7, In retum, CCI Construction agreed to pay to Kelly Systems the principal sum of $482,000,00, 2 ,~ ~ '''':''''-''~-'f,j I I I I I I I I i I i i i! " 'I !I i ! ... , - >[1 i. ~ 8, From April, 1998, through May, 1999, CCI Construction and Kelly Systems entered into a series of written change orders in which Kelly Systems agreed to provide additional materials and services at a total additional cost of $20,545,84, True and correct copies of these change orders are incorporated herein, made a part hereof, and attached hereto as Exhibit C, 9, The total contract price, including the change orders, is $502,545,84. 10, To date, CCI Construction has paid to Kelly Systems the sum of $476,831.09, 11. The amount remaining due and owing to Kelly Systems is $25,714,75, 12, Kelly Systems completed its work on the project the week ending April 30, 1999, 13, Kelly Systems has satisfied all conditions precedent and has otherwise performed all obligations on its part to be performed, 14, The fair and reasonable value of the amount remaining due and owing to Kelly Systems is $25,714,75, To date, CCI Construction has failed and refused to pay this amount. 15, The amount demanded exceeds the amount required for compulsory arbitration, 3 ~... .... WHEREFORE, Plaintiff, Kelly Systems, Inc" demands judgment in its favor and against the Defendants, United States Fidelity and Guaranty Company and St, Paul Fire and Marine Insurance Company, in the amount of $25,714,75 plus interest, costs, penalties and attorneys fees as allowed by law, COUNT II - QUANTUM MERUIT 16, Paragraphs I through 15 of this Complaint are incorporated herein as though set forth here at length, 17, The fair and reasonable value of Kelly Systems' services which remains due and unpaid is $25,714,75, 18, This amount represents a fair and reasonable value of the services performed and the materials supplied by Kelly Systems, 19, To date, CCI Construction has failed and refused to pay this amount, 4 -;'-'j .. . ,," ~: WHEREFORE, Plaintiff, Kelly Systems, Inc" demands judgment in its favor and against the Defendants, United States Fidelity and Guaranty Company and St. Paul Fire and Marine Insurance Company, in the amount of $25,714,75 plus interest, costs, penalties and attorneys fees as allowed by law, DATED: April 19, 2000 Of Counsel Respectfully submitted, BECKLEY & MADDEN 212 North Third Street Post Office Box 11998 Harrisburg, Pennsylvania 17108-1998 (717) 233-7691 ~/}/ Thomas S. Beckley, Esquire Attorneys for Plaintiff, Kelly Systems, Inc, 5 ~ . h' "_W "~'O-, .. VERIFICATION ~ - --,--,;--,._~ .j . I, James David Novinger, hereby verify that I am an adult individual; I am the President of Kelly Systems, Inc,; that I am authorized to make this verification on behalf of Kelly System's, Inc.; and that the statements made in the foregoing pleading are true and correct to the best of my knowledge, information and belief, I understand that any false statements made therein are subject to the penalties of 18 Pa, C, S, 94904 (relating to unsworn falsification to authorities), DATED: , tAAR-Zg-OO OQ,41~M I'ROlHl~lMlCEO C~RE CORPOR~TION "'- +7177166150 7-.t6t ;:: :21~. ..-:.... "- > , , , THE AMERICAN INSTITUTE.-OF ARCHITECTS 6 .. (nus Bl'D IS SUBJECT TO 'TilE ATTACHED RIDER CALLED ill ~ /JS EXHIBIT A, ATTACHED HERETO AllrD FmlING A PART HEREOF DATED 09/26/97) I. AlA Document ,<.372 Payment Bond BOND 826-0120-41359-97-1 Any singular reference to Contractor, SIonety. Owner or other pany S".111 be considered piur,jll where appliC'&ble. CONTRACTOR (Name and Address): CCl CONSTRUCTIO~ CO., INC. 203 Lynndale Court Mechancisburg, PA 17055 SURETY (Name and Principal PI"c:e at Business): UNITED STATES FIDELITY AND GUARANTY COMPANt P.O. Box 188 Harrisburg, PA 17108 OWNER [Name and Address): BCC DEVELOPMENT AND MANAGEMENT CO., INC., 5021 Louise Drive, Suite 200, Mechanicsburg,P And eAPTSTONE CAPITAL OF PENNSYLVANIA. INC., 100 Urban Center Parkway, Suite 630. 110 Birmingham, AL 35242 And ALeO VI, l.L.C., 46 Third Street. N.W., Hickory. NC 28601 CONSTRUCTION CONTRACT Dale: September 19, 1997 Descrip,ion'(Name and Locallonlbllt1ook Pointe at ~reekview. Grandon Way, Hampden 1P~~iP, Mechanicsburg. Cumberland Co., PA 17055 Date (NOI earll'erthan Conslruction Conlract Dale): Se?tember 26 1997 , CONTRACTOR AS PRINCIPAL Compal'lv: eel co~srRUCTIO~ -" Signature !'ian-,e nd ,tie: (COrporale Sea/) '-* None SURETY Company: UNITED STATES o See Page 6 Modifications to.lhis BOnd: (Corporate Seal) FIDELITY AND GUAR~~TY COMPANY SHAN! A.. Senior Vice President (Any additional sillnatures appear on page 0) Signature:i~'" ~_ "C"tvt!l_ ' ...-.-' Name and Title: It" Mary Anne Brennan, Attorney-in-Fact BYERLY INSURANCE AGE~TS & BROKERS. INC. P. O. Box 525, Lemoyne, PA 17043-0525 717-761-4010 (FOR INFORMATION ONLY-Name, Address and Telephone! ACENT or BROKER: OWNER'S REPRESENTATIVE (Arc:hitect. Engineer or other party): SCHOLL SOWERS GARNER SAYLOR Architectural Associates. Inc. 401 East Lowther Street, Carl i 51 e, PA 170' 41A. OOCUMENT A312 . PE'RFORM.\.t.,;CE eosc AND PAYMEN"f BOND' OtCEMBtR '9&4 EO, . NA 1- THf AMER1CAftr,; INSTITUTE 0' AACHmCTS. 'J7JS NEW yotuc AVE., N.W.. WI\SM~NCTON. c.c. 1.OCXWl, THIRD ~INTfNC . MAICH 191" A312.t984 4 -~- . ~" ~~ - MAR-28-DD D8:41AM FROM-BALANCED CARE CORPORATION .; " The Cpntrac:tor and Ihe SuretY, jointly and severally, bind thelnselves, their heirs, executors. administrators. suceessots and aSSlsns to the Owner to pay for labor. materials] and equipment furnished for use in the perlor- manee of the Construclion Conlract. which 15 Incor!)1> raled her!!in by reference. 2 With respect to Ihe Owner. tnis obh~atlon snail be null and ~oid if the Contractor: 2.' Promptly makes payment. directly or Indirectly, for all 'sums due Claimants. i1nd 2.2 Oetends, indemnities i1nd holes harmless the Owner. from claims. demands, liens or suits by any !)ersonor enlily whose claim. demand, lien or suir is for the payment tor Iilbor. marerials or eOlolipmenr fur. nished tor use in the perlormance of the Construction Contract. provided the Owner nas promptly notified the Contractor and the SurelY (at the address described in Paragraph 12) of any claims, demands, liens or suits and tendered defense of such claims. demands, liens or suits to the Contractor and Ihe Surety ,and provided there is no Owner Oefault. 3 Wilh respect 10 ClaImants. Ihis obligation shall be null and void if the Contractor promptly milkes pay- ment. directly or indirectly, for all sums due. 4 The Surety shall have no obligation to Claimants under this Bond until: 4,1 Claimants who are employed by or have a direct contract with the Contractor have gIven notice to the Surety (at Ihe address described in ?aragraph 12) and >ent a COpy. or notice thereof, to tne Owner. stating that II claim is being made under thi$ Sond and, wilh sloIbstantial accloIracy, the amOlolnt of the claim. 4,2 Clllimants who do not have a direct COntract with the Contractor: ,1 Have furnished written notice to the Con- tractor. and sent a copy, or notice thereoT. to the Owner. within 90 days aner having last performed labor or last furnished materIals Or eCluipment included in the claim stating. with subslllnlial accuracy, the amount of the claim and the name of the party to whom the materials were furnIshed or supplied Or ior whom the labor was done or performed; and ,2 Have either received a rejection in whole or in part from the Contractor, or not received within 30 days of furnishing Ihe above I'll> tice anv communiclltion from the Conuactor by which the ContraCtor has inoicated the claim will ~ paid directly or indirectly; and ,) ""at hllving been paid w'ithin the above 30 days, have sent a wntten notice 10 the Surety (at the addren described in Paragraph 12) and sent a copy, or notice thereof. to lhe Owner. stating that a claim is being made under this Bono and enclosing a COpy of the previous written nOtiCe furnIshed to the Conuactor. S If a notice reqUired by Paragraph 4 IS given by Ihe Owner to the Contractor or to the Surety, that IS suffi. cient compliance. -"I i ! : , i , 6 When the Cla,mant has satrsilec I"" cond','on, 0,:1 Paralll'apn 4. the Surety shal! promptl\ and ., :n~ \1 Surety's expense take the followrng actions ! 6,' Send an answer to the ClaImant. wirh a COO\ to Ihe Olllner. With," 45 days aher receIpt OT The cla:rr. stating': the amounts thllt lire undisputeo and the baSI; tOT challengIng any amounts that are dIsputed. 6.2 Payor arranlle for payment of any undisputed \1 amoun.rs :1\ I I, 'I \1 II II " II II 'I I: ~ +7177806150 '-4it .. ..:' , 7 The SuretY's total obligation shall not e.ceed the amount of thos Bond, and the amount of Ih,s Bond .hall be credited for any payments made ,n good faith by the SuretY 8 Amounts owed by the Owner to Ihe Contractor under Ihe ConStruction Contract shall be used for the perfor. mance of the Construction Contract and to satisfy claim. if any. under any Construction PerformllnceBond. By the Contractor furnishing and the Owner accepting thIS Bond. they agree that all funds earned by the Conlractor in the performance of the ConstrUCtIon Contract are dedicated'to satisfy obligations of the Conuactor and the Suretv.under th.. Bond. subject to the Owners prior, iW to use the funds for Ihe completIon of the work. 9 The SuretY shall 1'101 be liable to lhe Owner, Claimants or others for obligations of the Contractor that are unrelat. ed to the Construction Contract. The Owner shall not be liable for payment oi anv costs or expenses of any Claim- ant under th,s Bond, llnd shall have under Ih,s Bond no obl~ gations to make payments to. give nolices On behalf of, or otherwise have obligations to Claimants under this Bond. 10 The Surety hereby waives notice of any chanll!. including changes of time. to the Construction Contract or 10 related subcontracts, plolrchase orders and other obligations, 11 ,,"0 suit or action shall be commenced by a Claimant uncler thIS aond Other than in a cOurt of c;ompetent juris- dictiOn in the location in which the work or part of the work is located or aiter the expiration of one year trom the date (1) on which the Oaimllnt gave the notice reqlolired by $loIbparagraph 4.1 or Clause 4.2.3, or (2) on which the lut labor or service ....as performed by anyone or the last mateo nals or equipment were fumlshed by anyone under the C0n- struction Contract, whichever of (1) or (2) first occurs. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties lIS a defense in the jurisdiction of the suit shall be applicable. 12 Notice to the Surety. the Owner or the Contractor shall be mailed or delivered to the i1ddress shown on the signatu'l! page. Actual receipt of nOtice by Surety, the Owner or the Contractor, however accomplished, shall be suffi6ent compliance as of the dale received at the address shown on the signalure page. 13 When this Bond has been furnished 10 comply with a stalutory or other legal requirement in the location where the constructiOn was to be periormed. anv provision in this Bond conflicting with said statloltory Or legal requirement shall be deemed deleted herefrom and provisions con- forming to such statutory or other legal requirement shall be deemed incorporated herein The intent is that this 4lA.OOf;\lMl.H1' "112. ftERfORfII\."NC( aONO ",so !tA.""",,,,. aoNO. Olr;l-M8ER,9&-l EO,. "IA~ TME AMfRltA"-' lNS'tITt,;U OF ARCHITfCTS, 17)1j N(\'\ 'r05lK A,vE. to; '^', WASH1NCTON, C C lOClOf" THIRD PAI"lTtNC . MARCH ,gai A312-'984 5 - ~ ~~.~...--"- ~~ "L",,, w'IH8-00 08:4ZAM FROIHALANCED CARe CORPORATION . ..' Bond 5h~1I be conSl.u"d '05 a 5tAtutOrv bond ~nd not as a common I~w bond, . 14 Upon request by ~ny person or enlily ~ppearing to be a potential beneficiary of this Bond, the Cont.~ctor shall promptly furnish ~ copy ot this Bond or shall permit a copy to be made. 1S DEFINmONS 15,' Cl~imant:....n individual or "ntity having a direct contract with the Contraaor o. with a subcontractor of th. Contraaor to fu.nish labor, mate.ials Or eq..ip- ment for ..se in th" performanc" of th. Contract, Th. in,ent of thi5 Bond shall be to incl..de without limita- tion in the lerms "labor. mate.lals or equi.pment" that pan of Water, gas, power. light. heat, oil, sasoline, telephone service or rental equipment used in the MODIFICAnONS TO THIS BOND ARE AS FOLLOWS: '"' 11'; -r1TT866150 ~-4;4 : ~4/" :.,:: < ... Consiruaion Contract. archit~ctlJral i1nd en21neetlng services required for perronnance 0; the work Of lh. Contractor and the Contractor's subcontractors ano all other items tor which a mechanic's lien mav be nsened in the jurisdiction where th. labor. male"als or equipment were fumlshed. 15.2 Construction Contract: The ~greement belWeen the Owner and the Contraaor identified on the "s- natur" page, incl..dinS all Contraa Documents and chanses therelo. 15.3 Owner Default: Failure of the Owner. which has neither been remedied nor waived, to pay the Con. tractor as required by the ConStruction Contract or to perform and complete or comply with the other terms thereof. (Space is p.ovided below lor additional signatures of added panies. other than those appearing on the cove. page.) CONTRACTOR AS PRINCIP....L Company: (Corporate Seal) Signature: Name and Title: ....ddress: SURE1Y Company: (Corporate Seal) Signatu.e: Name and Title: Address: AI" DOCUMENT 11312 . PlRFO_a IO"'D A...D PAVMENT 90"'0 . OEClM9ER ,,.. 10. . "'" ,. THf AMERICAN II\lSTITIITE OF ARCHITECTS. ,l'3S ...EW YORK AVl.. ...,W.. WASHINCTO". O,C. - THlftC PRINTING. MARCH 1987 A312.1984 Ii ;,;,::~,j;;zt:H~f~o;c;;'r;. CIJR!'OIATllIl ":~:":.:/ ~,.. +nmSSI5D' HU P.05/ll HOD ?~~'~~~~?~:::~~;''.' -- "':":~';~-'~'::::j~:~:2~~litf:.~.. Exhibit-A ~ ...:..~"c::':::"e-;; ;m'mACHED '.l'O AND FORK A PARTOE PERFORI1AACE'MIl PAYI'IEl'>T .... :. . BOt.DS No. 26-0120-43159-97-1 . .~;~ .' elated concurrentl.y with the execution of this Rider. issued by the - .....?.. ::":~:uia'1'ZD STATES FJ:DEt.J:'1'Y,ANl) GUARANTY COKP~. a KaJ:yland Corporation. ~. ~ "".:~,_~." ,.~..":...,C"...4...,!,,,,~V,~'~~"':';"'''...._''''_''' ',:::;:'."" ,_~.. "',~*~~-';'-"1' . ;:';;;"",,:: :.as surety. on beb!ll.:f ot Cr.T r.n~~TR"CTTn'" t'o . Tt.,. -. ~.: ."- ,- - ~.':: ....:--'..:::.~ -- . .' . --~;.,:~? as princ1.pal, and in :favor ot BCe DEVELOPMEt>T AAD MANAGEMENT CO., I1.C., 5021 LD~f$e Drive, Suite 200, Mechanfcsburg, PA 17055, And CAPSTOt>E CAPITAL OF ~Etil'>SYLVA,.rA. lIVe.. 100 Urban el!nter ParkWAY. Suit" 1;]0 R;""';"9".m. AI 'I..'4Z Obl.l.qees. And ALeO VI, L.L.C., 46 Third Street, II.W.. Hickory. r.;C 28601. as :I'1':IS HERESY DNDERSTOOD AND AGREED that the above descri!)ed bondes) are hereby amended to Ulclude the followinlJ paragraph: '. ,",_ . .., Notwithstan<1inq anythinq containe4 herein to the contrary, there sha'll be no liability on the part of the Principal or surety under this bond to the Obligees, or either of them, unless the oblig'ees, or eitheJ;' or:.".. them, shall make payments to the Principal, or to the Surety in case it. arranges for completion of the Contract upon default of the principal, " strictl.y in accordance with the terms of said Contract as to paymentsi'iI!":' and shall pertonl all the other obliqations required to be pertonlecl'.,,~'~:: under said Contract at the time and in the manner therein set t~~~.~,~~ ; ; .. ;f::~~~1~~~~I;~~ . ~~ ::1:'1' :IS .l'"UK'.I.'...... UNDERS'1'OOD .AND AGREED that nothing herein contained 8hal1~7,~ be held to change, alter, or vary the terms of the above descr~~c~:~:~f~~ bondes) except as hereinafter set forth. .~~'..~:"":~:: .._"....~~.>~.'t.. .l.:~. " . :;,~~t~ ',' 1997 ,A. .:.:........i,;~:~ " ~....;.- ."':, '"; Sig'ne4, Sealed, and dated this ~6t" day of Sfl~tpmher eCI CO~STRUCTIO~ CO.. I~C. ~~ff~7 SHANE A. MILLER. Senior V1~. President ..,.. ,,' :'-:.,;;'4'f?~i.t:-~..: ";~;"~:-,;-,,,, UNITED STATES FIOE~ITY AND ,-.;~",,; , .::'~!:,71~...; GUAMNT'! CO~1P"NY~ N:' .-...;:~;/~t. ~,,~ (':.- ~ ~,,'~ -.-./ Mary~~n~ Brennan, Attorney-in-Fact , ~:~~~1~S/ '., '~.>-:;:~~,~_: :.-",~...~ '...:" .~.:.~:~~ , ~,:i~-;;;~~;;: "~ , .y~::~~.~~"~: . .~:~,iJ~~~l~~ ,".,:-.' .~1l-2HO, DlIUAII FlllIIHAUIICED tARE CllRPORATUII +11771&81'0 , ,~"'"',' .... ."::'t., T-484 P 08/11 HOD _!l1:> '" .. _1ll5"'.,-",_..~ -,. . J...IlIli<'- - ~ .' . '. .. UNITED STATU FIDELITY AND GUARANTy COMPANY POWER or 41TORlIa'EY NO. 10&229 4. 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'*.... ...... .., BoNn J. ...LueDdola' ... .~bs . ~_ ....._. -:.' " . ..=:-~':''''''"''-'=''''' , ~C~~'it~~~~~~,.r.:r:::~~;a" ,'. l'io_", _ io.............A\"S.:~.;q.at... foil... ,....~_ ........"'..._ ot~ot.. \IMm!D:rrA.1I!lI . '-'nARD~"-n'COMtAIIY.~:M,IH2: ~: ....vm......- ',_,,~"'___.t...~.oII""'" -.. ...___. U , '-:: _....____.......-...III!I ' ". \'..,_...._.........~F..._...__.,...."..... ~~....~- .;..:r..'..~;.~~::~1:~~,.c;i~.:r=~::~"""~~"~~~-lwili., ___._..........., 'I ~~n.-..-.,_\..........~~.I!Il, .:U...__",.... ___ .,...c......,_"'.-lPy 6coiioiIe..~ ........,__....~,....111'--~......,. ..". "'.. .._...,--..........-.........-' '. ........Wlilir!II~iP,ooTiotliio...IlioioC..........' . t .....,K . . u..............uy"'"'_.,_...,orcaliS..........._'""""*..............._.............. - '. ,_ .. ...,_................. __~.... 6c1bolI.~'" -... _ _.. ............._...~ or . '"'.....u~q&dIy- _A ~F..oWI.....,~...-..,.,_-1 . T ."...........__lIIIIjocc.....__M ~, - __.._.._...~..~ot...~......_iloo...",.~.....,...""*... ,I U r 1a.._tMMC__- ___"'.... AlltnllJ(O)olM.....n...lii.........* 0laIp0a)'.;r......... . ......__....,..-..,..,...~, '-J.D. SiIIa ..._s.._ot"'CRmIIsrA_~AMDCIlIA.UHTYlDoIl'AII't. L '~iI.___IH.--~ .f....~.............,.._.nli_..f.' . 24._......... ......... ~___.,..1.IlmEDsrAlliS flElIlnY ANIlllllAaAJlTYCOMl'AH\' ...-,.....,_.......... _., "..........--- tt:rJ ' ...... t___.., _ _. -.I of Sl'AlliSl'lDIUrY ANIlGUAl'!'TY _AMY oaGll26th_ "'. 01' 9 7 . 2';...l . J.-.; ". e """",..,.""m",,-;;;;;:.;;:;;;; ""-'" ~-' -~ ~ >'- -".~t! " , THE ASSOCIATED GENERAL CONTRACTORS OF AMERICA OUTLOOK POINTE AT CREEKVIEW >0.... il.-. ~N' " . CCI CONSTRUCTION CO" INC I? ~' n.~,,;" ",'" SUBCONTRACT FOR - f~t!1' "~lJ ~ lElm ' BUILDING CONSTRUCTION A 1JIW' 12 1997 >if "'Y.:7.f':PI<- , KELLY SYSTEiVis /Jve, TABLE OF ARTICLES 1, AGREEMENT 2, SCOPE OF WORK 3, SCHEDULE OF WORK 4, CONTRACT PRICE 5, PAYMENT 6. CHANGES, CLAIMS AND DELAYS 7, CONTRACTOR'S OBLIGATIONS 8, SUBCONTRACTOR'S OBLIGATIONS 9, SUBCONTRACT PROVISIONS 10, RECOURSE BY CONTRACTOR 11, LABOR RELATIONS 12. INDEMNIFICATION 13, INSURANCE 14, ARBITRATION 15, CONTRACT INTERPRETATION , 16, SPECIAL PROVISIONS KELLY SYSTEMS INC. SUBCONTRACTOR Framing, Insulation, Wallboard TYPE OF WORK (717) 231-2780 PHONE NUMBER (717l 231-2785 FAX NUMBER 21-174-827 PA SALES TAX This Agreement has important legal and insurance '-'consequences. Consultation with an attorney and insurance consultant is en. couraged with respect to Its completion or modification and particularly when used with other than AlA A201, General Conditions of the Contract for Construction, 1987 edition, AGC DOCUMENT NO, 600 . SUBCONTRACT FOR BUILDING CONSTRUCTION @ 1990, The Associated General Contractors of America ~ e ,-~, I I TABLE OF CONTENTS . . ARTICLE 1 Agreement ARTICLE 2-Scope of Work 2.1 Subcontractor's Work 2,2 Contract Documents 2.3 Conflicts ARTICLE 3.Schedule of Work 3,1 Time is of Essence 3.2 Duty to be Bound 3.3 Schedule Changes 3.4 Priority of Work ARTICLE 4-Contract Price ARTICLE 5-Payment 5.1 General Provisions 5,1.1 Schedule of Values 5.1.2 Architect Verification 5.1.3 Payment Use Restriction 5.1.4 Paymel1t Use Verification 5.1.5 Partial Lien Waivers and Affidavits 5.1.6 Subcontractor Payment Failure 5.1.7 Subcontractor Assignment of Payments 5.1.8 Payment Not Acceptance 5.2 Progre$s Payment 5.2.1 Application 5,2.2 Retainage/Security 5.2.3 Time of Application 5.2,4 Stored Materials 5,2.5 Time of Payment 5.2.6 Payment Delay 5.3 Final Payments 5.3.1 Application 5.3.2 Requirements 5.3.3 Time of Payment 5.3.4 Final Psyment Delay 5.4 Late Payment Interest ARTICLE 6-Changes, Claims and Delays 6.1 Changes 6.2 Claims Relating to Owner 6.3 Claims Relating to Contractor 6.4 Adjustn1ent in Contract Price 6.5 Substantiation of Adjustment 6.6 Delay 6.7 Liquidated Damages ARTICLE 7-Contractor's Obligations 7.1 Contract Documents 7.2 Authorized Representative 7.3 Storage Applications 7.4 Timely Communications 7.5 Non-Contracted Services ARTICLE 8-Subcontractor's Obligations 8.1 Obligations Derivative 8.2 Responsibilities 8.3 Shop Drawings 8.4 TempotarY Services 8.5 Coordination 8.6 Authorized Representative 8.7 Provision for Inspection 8.8 Cleanup 8.9 Safety 8.10 Protection of the Work 8.11 Permits. Fees and Licenses 8.12 Subcontractor Assignment of Work 8.13 Non-Contracted Services 8,14 Materials Safety ARTICLE 9-Subcontract Provisions 9,1 Layout Responsibility and Levels 9,2 Workmanship 9.3 Materials Furnished by Others 9.4 Substitutions 9.5 Use of Contractor's Equipment 9,6 Contract Bond Review 9,7 Owner Ability to Pay 9,8 Privity 9.9 Subcontract Bond 9.10 Warranty ARTICLE 10-Recourse by Contractor 10.1 Failure of Performance 10.1.1 Notice to Cure 10.1.2 Terminatioo by Contractor 10.1.3 Use of Subcontractor's Equipment 10.2 Ban1auptcy 10.2.1 Termination Absent Cure 10.2.2 Interim Remedies 10.3 Suspension by Owner 10.4 Termination by Owner 10.5 Contingent Assignment of Subcontract 10.6 Suspension by Contractor 10.7 Wrongful Exercise ARTICLE ll-Labor Relations ARTICLE 12-Indemnification 12.1 Subcontractor's Performance 12.2 No Limitation Upon Liability 12.3 Architect Exclusion 12.4 Compliance with Laws 12,5 Patents ARTICLE 13-Insurance 13.1 Subcontractor's Insurance 13.2 Minimum Limits of Liability 13.3 Number of Policies 13.4 Cancellation, Renewal or Modification 13.5 Waiver of Rights 13.6 Endorsement ARTICLE 14-Arbitration 14.1 Agreement to Arbitrate 14.2 Exceptions 14.3 Initial Dispute Resolution 14.4 Notice of Demand 14.5 Award 14.6 Work Continuation and Payment 14.7 No Limitation of Rights or Remedies 14.8 Same Arbitrators ARTICLE IS-Contract Interpretation 15.1 Inconsistencies and Omissions 15.2 Law and Effect 15.3 Severability and Waiver 15.4 Attorney's Fees 15.5 Tilles 15.6 Entire Agreement ARTICLE 16-Special Provisions 16.1 Precedence 16,2 Scope of Work 16.3 Common Temporary Services 16.4 Other Special Provisions 16.5 Contract Documents AGC DOCUMENT NO, 600 . SUBCONTRACT FOR BUILDING CONSTRUCTION @ 1990, The Associated General Contractors of America ,M . "' ., <" . . SUBCONTRACT FOR BUILDING CONSTRUCTION ARTICLE 1 AGREEMENT This Agreement is made this 1st day of October . CCI CONSTRUCTION CO., INC. , 1992-, by and between hereinafter called the Contractor and Kelly Systems, Inc. hereinafter called the Subcontractor, to perform part of the Work on the .following Project: PROJECT: Outlook Pointe at Creekview Grandon Way, Hampden Township Mechanicsburg, PA 17055 OWNER: Balanced Care Corporation 5021 Louise Drive- Suite 200 Mechanicsburg, PA 17055 ARCHITECT: Scholl, Sowers, Garner, Saylor Architectural Associates 401 East Louther Street Carlisle, PA 17013 CONTRACTOR: CCI CONSTRUCTION CO., INC. 203 Lynndale Court, P.O. Box 1129 Mechanicsburg, PA 17055 SUBCONTRACTOR: Kelly Systems, Inc. 1213 C Paxton Church Road Harrisburg, PA 17110 $482,000.00 (Four Hundred Eighty Two Thousand Dollars and 00/100 CONTRACT PRICE: cents) (Here insert a lump sum, unit price or both, Bid schedules may be referenced,) Contract amount includes all state, local and other applicable taxes; excludes bonds. Notice 10 Ihe parties shall be given at Ihe above addresses, 3 AGC DOCUMENT NO. 800 . SUBCONTRACT FOR BUILDING CONSTRUCTION @ 1990, The Assoclaled General Conlractors of America f;~ JDboh7 Initials/Date " 6/17 nitials/Date ,-,- ARTICLE 2 SCOPE OF WORK 2.1 SUBCONTRACTOR'S WORK. The Contractor contracts with the Subcontractor liS an Independent contractor, to perform the Work descrl~ in Article 16, The Subcontrac- tor shall perform such work (hereinafter called the "Sub- contractor'S Work'1 undef the general direction of the Con- tractor and In accordance with this Agreement and the Contract Documents. 2.2 CONTRACT DOCUMIlNTS. The Contract Documents which are binding on thll Subcontractor are as set forth in Paragraph 16.5, Upon the Subcontractor's request the Contractor shall furnish a copy of any part of these documents, Nothing In the Contract Documents shall be construed to create a contractual relationship between persons or entitles other than the Contractor and Subcontractor, 2.3 CONFLICTS, In the event of a conflict between this Agreement and the Contract Documents, this Agreement shall govern, ARTiCLE 3 SCHEDULE OF WORK 3,1 TIME IS OF ESSENCE, Time is of the essence for both parties, and they mutually agree to see to the performance of their respective work and the work of their subcontrac. tors so that the entire Project may be completed in accor- dance with the Contract Documents and the Schedule of Work, The Contractor shall prepare the Schedule of Work and revise such schedule as the Work progresses, 3,2 DUTY TO BE BOUND, Both the Contractor and the Sub. contractor shall be bound by the Schedule of Work, The Subcontractor shall provide the Contractor with any reo quested scheduling information for the Subcontractor's Work. The Schedule of Work and all subsequent changes thereto shall be submitted to the Subcontractor in advance of the required performance, 3,3 SCHEDULE CHANGES, The Subcontractor recognizes that changes will be made in the Schedule of Work and agrees to comply with such changes, 3,4 PRIORITY OF WORK, The Contractor shall have the right to decide the time, order and priority in which the various portions of the Work shall be performed and all other mat- ters relative to the timely and orderly conduct of the Sub. contractor's Work, The Subcontractor shall commence its work within l daY$ of notice to proceed from the Contractor and if such work is interrupted for any reason the Subcontractor shall resume such work within two working days from the Contractor's notice to do so, ARTICLE 4 CONTRACT PRICE The Contractor agrees to pay to the Subcontractor for the satisfactory performance of the Subcontractor's Work the amount stated in Article 1 subject to additions or deduc- tions per Article 6, " " < ARTICLE 5 PAYMENT 5.1 GENERAL PROVISIONS 5.1.1 SCHEDULE OF VALUES, The Subcontractor shall pro- vide a schedule of value$ satisfactory to the Contractor and the Owner no more than fifteen (15) days from the date of execution of this Agreement. . < 5.1.2 ARCHITECT VERIFICATION. Upon request the Contrac. tor shall give the Subcontractor written authorization to obtain directly from the Architect the percentage of com. pletlon certified for the Subcontractor's Work, 5.1.3 PAYMENT USE RESTRICTION, Payment received by the Subcontractor shall be used to satisfy the Indebtedness owed by the Subcontractor to any person furnishing labor or materials for use in performing the Subcontractor's work on this project before it is used in any other manner. 5,1.4 PAYMENT USE VERIFICATION. The Contractor shall have the right at all times to contact the Subcontractor's subcontractors and suppliers to ensure that the same are being paid promptly by the Subcontractor for labor or materials furnished for use in performing the Subcontrac. tor's Work, 5,1.5 PARTIAL LIEN WAIVERS AND AFFIDAVITS. As a prere- quisite for payment, the Subcontractor shall provide, in a form satisfactory to the Owner and the Contractor, par. tiallien or claim waivers and affidavits from the Subcon. tractor, and its subcontractors and suppliers for the com. pleted Subcontractor's Work, Such waivers may be made conditlonai upon payment. 5,1,6 SUBCONTRACTOR PAYMENT FAILURE. Upon payment by the Contractor, Subcontractor shall promptly pay its lower.tier subcontractor$ and material suppliers the amounts to which they are entitled, In the event the Con. tractor has reason to believe that labor, materiai or other obligations incurred In the performance of the Subcontrac. tor's Work are not being paid, the Contractor may give writ. ten notice of such claim or lien to the Subcontractor and may take any steps deemed necessary to assure that pro. gress payments are utilized to pay such obligations in. cluding but not limited to the issuance of joint checks, If upon receipt of said notice, the Subcontractor does not (a) supply evidence to the satisfaction of the Contractor that the moneys owing to the claimant(s) have been paid; or (b) post a bond indemnifying the Owner, the Contrac. tor, and the Contractor's surety, if any, and the premises from such claim or lien; then the Contractor shall have the right to withhold from any payments due or to become due to the Subcontractor a reasonable amount to protect the Contractor from any and all loss, damage or expense in. cluding attorney's fees arising 'out of or relating to any such claim or lien until the claim or lien has been satisfied by the Subcontractor. 5,1,7 SUBCONTRACTOR ASSIGNMENT OF PAYMENTS, The Subcontractor shall not assign any moneys due or to become due under this Contract, or under any Change Order thereto, without the written consent of Contractor, unless such assignment is intended to create a new securi. ty interest within the scope of Article 9 of the Uniform Com. 4 AGC DOCUMENT NO, 800 . SUBCONTRACT FOR BUILDING CONSTRUCTION P 1-1 I b ./0.7 @ 1990, The Associated General Contractors of America ,,0, . / ". ' In~t~als/Date , mercial Code, Should Subcontractor assign all or any part of ~ny moneys due or to become aue unaer {nlS LiOmrac!. to create a new security intArest or for any other purpose, the instrument of assignment shall contain a clause to the effect that the assignee's right in and to any money due or to become due to the Subcontractor shall be subject to the claims of all persons, firms and corporations for ser- vices rendered or materials supplied for the performance of the Work under this Subcontract and any Change Orders, 5,1,8 PAYMENT NOT ACCEPTANCE, Payment to the Sub- contractor does not constitute or imply acceptance of any portion of the Subcontractor's Work, 5,2 PROGRESS PAYMENTS 5,2,t APPLICATION, Subcontractor's application for pay- ment shall be itemized and supported by substantiating data as required in the Contract Documents for the Con- tractor's payment application. Subcontractor's application shall be notarized jf required. Subcontract payment ap- plications may include payment requests on account of properly authorized Construction Change Directives_ The Subcontractor's progress payment application for work performed in the preceding payment period shall be sub- mitted to the Contractor per the terms of this Agreement and specifically Subparagraphs 5.1.1, 5.2,2, 5.2.3, and 5.2.4 for approval of the Contractor and Owner/Architect . The Contractor shall forward, without delay, the approv- ed value to the Owner for payment. 5,2,2 RETAINAGElSECURITY, The rate of retainage shall be equal to the percentage retained from the Contractor's payment by the Owner for the Subcontractor's Work pro- vided the Subcontractor furnishes a bond or other securi- ty to the satisfaction of the Contractor. If the Subcontractor has furnished such bond or securi- ty, its work is satisfactory and the Contract Documents provide for reduction of retainage at a specified percen- tage of completion, the Subcontractor's retainage shali also be reduced when the Subcontractor's Work has at- tained the same percentage of completion and the Con- tractor's retainage for the Subcontractor's Work has been so reduced by the Owner. However if the Subcontractor does not provide such bond or security, the rate of re- tainage shall be 10 'Ia. 5,2,3 TIME OF APPLICATION. The Subcontractor shall sub- mit progress pa}'llle,nJ applications to the Contractor no later than the 25th day of each payment period for work performed up to and including the last day of the payment period indicating work completed and, to the extent allowed under Subparagraph 5,2.4, materials suitably stored during the preceding payment period. 5,2,4 STORED MATERIALS, Unless otherwise provided in the Contract Documents, and if approved in advance by the Owner, applications for payment may inciude materials and equipment not incorporated in the Subcon- tractor's Work but delivered to and suitabiy stored at the site or at some other location agreed upon in writing, Ap. proval of payment applications for such stored items on or off the site shall be conditioned upon submission by the Subcontractor of bills of sale and applicable insurance or such other procedures satisfactory to the Owner and . . ~i Contractor to establish the Owner's title to such materiais and t::qulplllt:ml VI Vlllt:IWi::.t: ~1\Jlc\.llln; Onlle,'! and CoR tractor's interest therein. including transportation to the site. 5.2,5 TIME OF PAYMENT, Progress payments to the Sub- contractor for satisfactory performance of the Subcontrac- tor's Work shall be made no later than seven (7) days after receipt by the Contractor of payment from the Owner for the Subcontractor's Work. 5,2,6 PAYMENT DELAY, If for any reason not the fault of the Subcontractor, the Subcontractor does not receive a progress payment from the Contractor within seven (7) days after the date such payment is due, as defined in Sub. paragraph 5.2.5. then the Subcontractor, upon giving an additional seven (7) days written nvtice to the Contractor, and without prejudice to and in addition to any other legal remedies, may stop work until payment of the full amount owing to the Subcontractor has been received. To the ex- tent obtained by the Contractor under the Contract Documents. the contract price shall be increased by the amount of the Subcontractor's reasonable cost of shut. down, delay, and start-up, which shall be effected by ap- propriate Change Order. If the Subcontractor's Work has been stopped for thir- ty (30) days because the Subcontractor has not received progress payments as required hereunder, the Subcontrac, tor may terminate this Agreement upon giving the Con- tractor an additional seven (7) days written notice. 5,3 FINAL PAYMENT 5,3_1 APPLICATION, Upon acceptance of the Subcontrac- tor's Work by the Owner the Contractor, and if necessary, the Architect; and upon the Subcontractor furnishing evidence of fulfillment of the Subcontractor's obligations in accordance with the Contract Documents and Sub, paragraph 5.3.2, the Contractor shall forward the Subcon. tractor's application for final payment without delay. 5,3,2 REQUIREMENTS, Before the Contractor shall bere- quired to forward the Subcontractor's application for final payment to the Owner, the Subcontractor shall submit to the Contractor: (a) an affidavit that all payrolls, bills for materials and equipment, and other indebtedness connected with the Subcontractor's Work for which the Owner or its property or the Contractor or the Contractor's sure- ty might in any way be liable, have been paid or other- wise satisfied; (b) consent of surety to final payment, if required; (c) satisfaction of required closeout procedures; (d) certification that insurance required by the Contract Documents to remain in effect beyond final payment pursuant to Paragraph 13.4 is in effect and will not be cancelled or allowed to expire without at least thirty (30) days' written notice to the Contractor unless a longer period is stipulated in the Contract; and (e) other data if required by the Contractor or Owner, such as receipts, releases, and waivers of liens to the extent and in such form as may be designated by the Contractor or Owner. Final payment shall con. stitute a waiver of all claims by the Subcontractor relating to the Subcontractor's Work, but shall in no way relieve the Subcontractor of liability for the 5 AGC DOCUMENT NO, 600 . SUBCONTRACT FOR BUILDING CONSTRUCTION @ 1990. The Associated General Contractors of America t:!A ,Dbi9Z ~ Id-.~> 'ialslDat Initials/Date r .' obligations assumed under Paragraph 9.10, or for faulty or defective work appearing after finai payment. 5,3,3 TIME OF PAYMENT, Final payment of the balance due of the Contract Price shail'be made to the Subcontractor: (a) upon receipt of the Owner's waiver of ail ciaims related to the Subcontractor's Work except for unsettled liens, unknown defective work, and non. compliance with the Contract Documents or warran- ties; and (b) within seven (7) days after receipt by the Contractor of final payment from the Owner for such Subcon- tractor's Work. 5.3,4 FINAL PAYMENT DELAY, If the Owner or its designated agent does not issue a certificate for Final Pay- ment or the Contractor does not receive such payment for any cause which is not the fault of the Subcontractor, the Contractor shail promptly inform the Subcontractor in writing, The Contractor shail also diligently pursue, with the assistance of the Subcontractor, the prompt release by the Owner of the final payment due for the Subcontrac- tor's Work. At the Subcontractor's request and expense, to the extent agreed upon in writing, the Contractor shali institute reasonable legal remedies to mitigate the damages and pursue payment of the Subcontractor's final payment Including interest thereon, 5,4 LATE PAYMENT INTEREST, To the extent obtained by the Contractor, under the Contract Documents, progress payments or finai payment due and unpaid under this Agreement shail bear interest from the date payment is due at the rate provided in the Contract Documents, or, in the absence thereof, at the iegai rate prevailing at the piace of the Project. ARTICLE 6 CHANGES, CLAIMS AND DELAYS 6,1 CHANGES, When the Contractor orders in writing, the Subcontractor, without nuilifying this Agreement, shali make any and ail changes in the Work which are within the general scope of this Agreement. Adjustments In the Contract Price or contract time, if any, resulting from such changes shail be set forth in a Subcontract Change Order or a Subcontract Construction Change Directive pursuant to the Contract Documents, No such adjustments shail be made for any changes performed by theSubcontrac- tor that have not been ordered by the Contractor. A Sub. contract Change Order is a written instrument prepared by the Contractor and signed by the Subcontractor stating their agreement upon the change in the scope of the Work, adjustment in the Contract Price or Schedule of Work, A Subcontract Construction Change Directive is a written instrument prepared by the Contractor directing a change in the Work and stating a proposed adjustment, if any, in the Contract Price or Schedule of Work or both. A Sub. contract Construction Change Directive shail be used in the absence of agreement on the terms of a Subcontract Change Order, 6,2 CLAIMS RELATING TO OWNER, The Subcontractor agrees to make ali claims for which the Owner is or may be liable in the manner and within the time limits provid- ed in the Contract Documents for like claims by the Con. lJlilr' tractor upon the Owner and in sufficient time for the Con- tractor to make such claims against the Owner in accor. dance with the Contract Documents. The Contractor agrees to permit the Subcontractor to prosecute a claim in the name of the Contractor for the use and benefit of the Subcontractor in the manner provided in the Contract Documents for like claims by the Contractor upon the Owner. 6,3 CLAIMS RELATING TO CONTRACTOR. The Subcontrac- tor shail give the Contractor written notice of ail ciaims not included in Paragraph 6,2 within five (5) days of the occurrence of the event for which claim is made; other. wise, such claims shail be deemed waived. AIi unresolv- ed claims, disputes and other matters in question between the Contractor and the Subcontractor not relating to claims included in Paragraph 6,2 shali b<> resoived in the manner provided in Article 14. 6,4 ADJUSTMENT IN CONTRACT PRICE, If a Subcontract Change Order or Construction Change Directive requires an adjustment In the Contract Price. the adjustment shall be established by one of the following methods: 1. mutual agreement on a lump sum with sufficient in- formation to substantiate the amount; 2. unit prices already established in the Contract Documents or if not established by the Contract Documents then established by mutual agreement for this adjustment; or 3. a mutually determined cost plus a jointly acceptable ailowance for overhead and profit. 6,5 SUBSTANTIATION OF ADJUSTMENT, If the Subcontrac- tor does not respond promptly or disputes the method of adjustment, the method and the adjustment shail be deter- mined by the Contractor on the basis of reasonable ex. penditures and savings of those performing the Work at- tributable to the change, including, in the case of an in. crease in the Contract Price, an aliowance for overhead and profit of 10% . The Subcontractor shali maintain for the Contractor's review and approval an appropriately itemized and substantiated accounting of the foilowing items at- tributabie to the Subcontract Change Order or Subcontract Construction Change Directive: 1, labor costs, including Social Security, health, welfare, retirement and other fringe benefits as nor. maily required, and state workers' compensation insurance; 2, costs of materials, supplies and equipment, whether Incorporated in the Work or consumed, including transportation costs; 3, costs of renting, either from the Contractor or from others, of machinery and equipment other than hand tools; 4, costs of bond and insurance premiums, permit fees and taxes attributable to the change; and 5, costs of additional supervision and field office per. sonnel services necessitated by the change, 6 AGC DOCUMENT NO, 600 . SUBCONTRACT FOR BUILDING CONSTRUCTION @ 1990, The Associated General Contractors of America III /0/30/97 ~Wt7 Initi.alsjDate Initials/Date ~ 6.6 DELAY. If the prqgress of the Subcontractor's Work is substantially delayed without the fault or responsibility of the Subcontractor, then the time for the Subcontrac. tor's Work shall be extended by Subcontract Change Order or Subcontract Construction Change Directive to the ex. tent obtained by the Contractor under the Contract Documents and the Schedule of Work shall be revised ac. cordlngiy, The Contractor shall not be liable to the Subcontractor for any damages or additional compensation as a conse- quence of delays caused by any person not a party to this Agreement unless the Contractor has first recovered the same on behalf of the Subcontractor from said person, It baing understood and agreed by the Subcontractor that, apart from recovery from said person, the Subcontractor's sole and exclusive remedy for delay shall be an extension in the time for performance of the Subcontractor's Work. 6,7 LIQUIDATED DAMAGES, If the Contract Documents pro- vide for liquidated or o.ther damages for delay beyond the completion date set forth in the Contract Documents, and such damages are assessed, then the Contractor may . assess same against the Subcontractor in proportion to the Subcontractor's share of the responsibility for such delay, However the amount of such assessment shall not exceed the amount assessed against the Contractor, Nothing set forth herein shall limit the Subcontractor's liability to the Contractor for the Contractor's actual delay damages caused by the Subcontractor's delay, The Sub. contractor shall be liable to the Contractor for the Con. tractor's actual damages caused by the Subcontractor's delay. ARTICLE 7 CONTRACTOR'S OBLIGATIONS 7,1 CONTRACT DOCUMENTS, Prior to executing this Sub. contract, the Contractor shall make available to the Sub. contractor the Contract Documents which are binding on the Subcontractor and set forth in Paragraph 16,5, 7,2 AUTHORIZED REPRESENTATIVE. The Contractor shall designate one or more persons who shall be the Contrac- tor's authorized representative(s) on.site and off.site, Such authorized representative(s) shall be the only person(s) the Subcontractor shall look to for instructions, orders and/or directions, except in an emergency. 7,3 STORAGE APPLICATIONS. The Contractor shall allocate adequate storage areas, if available, for the Subcontrac, tor's materials and equipment during the course of the Subcontractor's Work, 7,4 TIMELY COMMUNICATIONS. The Contractor shall transmit, with reasonable promptness, all submittals, transmittals, and written approvals relating to the Subcon. tractor's Work, 7,5 NO~ONTRACTED SERVICES. The Contractor agrees, except as otherwise provided in this Agreement, that no claim for non-contracted construction services rendered or materials furnished shall be valid unless the Contrac. tor provides the Subcontractor notice: (a) prior to furniShing of the services and materials, ex. cept in an emergency affecting the safety of persons or property; >>'." n; (b) in writing of such claim within three days of first fur. nishlng such services or materials; and (c) the written charges for suCh services or materials no later than the fifteenth (15th) day of the calendar month following that in which the claim. originated, ARTICLE 6 SUBCONTRACTOR'S OBUGA TlONS 6.1 OBLlGA110NS DERIVA11VE. The Subcontractor binds itself to the Contractor under this Agreement in the same manner as the Contractor is bound to the Owner under the Contract Documents and will so bind Its lower.tler sub- contractors. The Subcontractor shall make available to its lower-tier subcontractors the Contract Documents which are binding on the lower.tier subcontractors, 6,2 RESPONSIBIUTlES. The Subcontractor shall furnish all of the labor, materials, equipment, and services; Including, but not limited to, competent supervision, shop drawings, samples, tools, and scaffolding as are necessary for the proper performance of the Subcontractor's Work in strict accordance with and reasonably inferable from the Con. tract Documents, The Subcontractor shall provide a list of proposed sub- contractors and suppliers, be responSible for taking field dimensions, providing tests, ordering of materials and all other actions as required to meet the Schedule of Work, 8,3 SHOP DRAWINGS, The Subcontractor shall be respon. sible to the Contractor for the accuracy and conformity with the Contract Documents and other submittals that pertain to its work in the same manner as the Contractor is responSible therefor to the Owner. Shop drawi.ngs, or their approval by the Contractor, shall not be deemed to authorize deviations or substitutions from the re- quirements of the Contract Documents. 8.4 TEMPORARY SERVICES, The Subcontractor shall fur. nish all temporary services andlor facilities necessary to perform its work, except as provided in Article 16, Said ar. ticle also identifies those common temporary services, if any, which are to be furnished by the Subcontractor. 8,5 COORDINATION, The Subcontractor shall: (a) cooperate with the Contractor and all others whose work may interfere with the Subcontractor's Work; (b) specifically note and immediateiy advise the Con- tractor of any such interference with the Subcontrac. tor's Work; and (c) participate in the preparation of coordination draw- ings and work schedules in areas of congestion, 8.6 AUTHORIZED REPRESENTATIVE. The Subcontractor shall designate one or more persons who shall be the authorized Subcontractor's representallve(s) on.site and off.site, Such authorized representative(s) shall be the only person(s) to whom the Contractor shall issue instructions, orders or directions, except in an emergency, 8,7 PROVISION FOR INSPECTION, The Subcontractor shall notify the Contractor when portions of the Subcontractor's Work are ready for inspection, The Subcontractor shall at all times furnish the Contractor and its representatives adequate facilities for inspecting materials at the site or any pltice where materials under this Agreement may be 7 AGC DOCUMENT NO, 800 . SUBCONTRACT FOR BUILDING CONSTRUCTION ,,'7 @ 1990, The Associated General Contractors of America Initials7Date InitJ.als/Date ? in the course of preparation, process, manufacture or treatment. The Subcontractor shall furnish to the Contractor, in such detail and as often as required, full reports !)f the pro- gress of the Subcontractor's Work irrespective of the loca- tion of such work, 8.8 CLEANUP, The Subcontractor shall follow the Contrac- tor's cleanup and safety directions, and (a) at all times keep the building and premises free from debris and unsafe conditions resulting from the Sui). contractor's Work; and (b) broom clean each work area prior to discontinuing work in the same, If the Subcontractor fails to immediately commence compliance with cleanup duties within twenty-four (24) hours after written notification from the Contractor of .non- compliance, the Contractor may implement such cleanup measures without further notice and deduct the cost thereof from any amounts due or to become due the Sui). contractor, 8,9 SAFETY, The prevention of accidents on or in the vicini. ty of its Work is the Subcontractor's responsibility, even if Contractor establishes a safety program for the entire Project. Subcontractor shall establish a safety program Implementing safety measures, policies and standards conforming to those required or recommended by govern- mental and quasi.governmental authorities having juriSdic- tion and by the Contractor and Owner, including, but not limited to, requirements imposed by the Contract Documents, Subcontractor shall comply with the reasonable recommendations of insurance companies having an interest in the Project, and shall stop any part of the Work which Contractor deems unsafe until correc- tive measures satisfactory to Contractor shall have been taken, Contractor's failure to stop Subcontractor's unsafe practices shall not relieve Subcontractor of the respon- sibility therefor. Subcontractor shall notify Contractor im. mediately following any accident and promptly confirm the notice in writing, A detailed written report shall be furnish- ed If requested by the Contractor. Subcontractor shall in. demnify Contractor for fines, damages or expenses incur. red by the Contractor because of the Subcontractor's failure to comply with safety requirements. 8,10 PROTECTION OF THE WORK, The Subcontractor shall take necessary precautions to properly protect the Sub- contractor's Work and the work of others from damage caused by the Subcontractor's operations, Should the Sub- contractor cause damage to the Work or property of the Owner, the Contractor or others, the Subcontractor shall promptly remedy such damage to the satisfaction of the Contractor, or the Contractor may so remedy and deduct the cost thereof from any amounts due. or- to become due the Subcontractor, 8,11 PERMITS, FEES AND UCENSES. The Subcontractor shall give adequate notices to authorities pertaining to the Subcontractor's Work and secure and pay for all permits, fees, licenses, assessments, inspections and taxes necessary to complete the Subcontractor's Work in accor- dance with the Contract Documents, To the extent obtained by the Contractor under the Con. tract Documents, the Subcontractor shall be compensated for additional costs resulting from laws, ordinances, rules, regulations and taxes enacted after the date of the Agreement, . , _ "'_"'O'~ . 8.12 SUBCONTRACTOR ASSIGNMENT OF WORK. The Sui). . contractor shall not assign the whole nor any part of the Subcontractor's Work without prior written approval of the Contractor, The Contractor's approval' shall not be unreasonably withheld. lower-tier subcontractors and sup- pliers previously approved by the Contractor may be listed at Paragraph 16.4, 8.13 NON-CONTRACTED SERVICES. The Subcontractor agrees, except as otherwise provided in this Agreement, that no claim for non-contracted construction services rendered or materials furnished shall be valid unless the Subcontractor provides the Contractor notice: (a) prior to furnishing of the services or materials, ex- cept In an emergency affecting the safety of persons or property, (b) in writing of such claim within three (3) days of first furnishing such services or materials; and (c) the written charge for such services or materials no later than the fifteenth (15th) day of the calendar month following that in which the claim originated, 8.14 MATERIALS SAFETY, To the extent that the Contrac- tor is not obligated by the Contract Documents or by law to perform work which involves pollutants, hazardous or toxic substances, hazardous waste, asbestos or PCB's, the Subcontractor likewise is not obligated. To the extent that the Contractor has obligations under the Contract Documents or by law regarding such materials within the scope of the Subcontractor's work, the Subcontractor likewise shall have these obligations, ARTICLE 9 SUBCONTRACT PROVISIONS 9,1 LA your RESPONSIBILITY AND LEVELS, The Contrac- tor shall establish principal axis lines of the building and site whereupon the Subcontractor shall layout and be strictly responSible for the accuracy of the Subcontrac- tor's Work and for any loss or damage to the Contractor or others by reason of the Subcontractor's failure to set out or perform its work correctly, The Subcontractor shail exercise prudence so that the actual final conditions and details shall result in alignment of finish surfaces. 9_2 WORKMANSHiP, Every part of the Subcontractor's Work shall be executed in strict accordance with the Contract Documents In the most sound, workmanlike, and substan- tial manner. All workmanship shail be of the best of its several kinds, and all materials used in the Subcontrac' tor's Work shail be furnished in ample quantities to facilitate the proper and expeditious execution of the work, and shall be new except such materials as may be express- ly provided in the Contract Documents to be otherwise, 9.3 MATERIALS FURNISHED BY OTHERS. In the event the scope of the Subcontractor's Work includes instailation of materials or equipment furnished by others, it shall be the responsibility of the Subcontractor to examine the items so provided and thereupon handle, store and install the items with suCh skill and care as to ensure a satisfac. tory and proper installation, Loss or damage due to acts of the Subcontractor shall be deducted from any amounts due or to become due the Subcontractor. 8 AGC DOCUMENT NO, 800 . SUBCONTRACT FOR BUILDING CONSTRUCTION @ 1990. The Associated General Contractors of America nitials/Date , . . 9,4 SUBSTI1UTION$. No substitutions shall be made in the Subcontractor's Work unless permitted in the Contract Documents and only then upon the Subcontractor first receiving all approvals required under the Contract Documents for substitutions, The Subcontractor shall indemnity the Contractor as a result of such substitutions, whether or not the Subcontractor has obtained approval thereof, 9.5 USE OF CONTRACTOR'S EQUIPMENT. The Subcontrac. tor, its agents, employ-ees, subcontractors or suppliers shall not use the Contractor's equipment without the ex. press written permission of the Contractor's designated representative, If the Subcontractor or any of Its agents, employees, suppliers or lower-tier subcontractors utilize any machinery, equipment, tools, scaffolding, hoists, lifts or similar items owned, leased, or under the control of the Contractor, the Subcontractor shall defend, Indemnity and be liable to the Contractor as provided in Article 12 for any loss or damage (Including personal injury or death) which may arise from such use, except where such loss or damage shall be found to have been due SOlely to the negligence of the Contractor's employees operating such equipment. 9,6 CONTRACT BOND REVIEW, The Contractor's Payment Bond for the Project, If any, may be reviewed and copied by the Subcontractor. 9.7 OWNER ABILITY TO PAY, The Subcontractor shall have the right to receive from the Contractor such information as the Contractor has obtained relative to the Owner's financial ability to pay for the Work, 9,8 PRIVITY, Until final completion of the Project, the Sub- contractor agrees not to perform any work directly for the Owner or any tenants thereof, or deal directly with the Owner's representatives in connection with the Project, unless otherwise directed in writing by the Contractor, All Work for this Project performed by the Subcontractor shall be processed and handled eXClUSively by the Contractor. 9,9 SUBCONTRACT BOND, If a Performance and Payment Bond is not required of the Subcontractor under Article 16, then within the duration of this Agreement, the Con. tractor may require such bonds before work is started and the Subcontractor shall provide the same, Said bonds shall be in the full amount of this Agreement in a form and by a surety satisfactory to the Contractor. The Subcontractor shall be reimbursed without re.' tainage for cost of same simultaneously with 'the first pro. gress payment hereunder. The reimbursement amount for the bonds shall not ex. ceed the manual rate for such subcontractor work, In the event the Subcontractor shall fail to promptly pro. vide such requested bonds, the Contractor may terminate this Agreement and re-Iet the work to another subcontrac. tor and all Contractor costs and expenses incurred thereby shall be paid by the Subcontractor, - ~- "- ~ '" --lIiil 9.10 WARRANTY, The Subcontractor warrants its work against all deficiencies and defects In materials and/or workmanShip and as called for In the Contract Documents, The Subcontractor agrees to satisfy such warranty obligations which appear within the warranty period established In the Contract Documents without cost to the Owner or the Contractor, If no warranty Is required of the Contractor In the Con. tract Documents, then the Subcontractor shall warrant its work as described above for the period of one year from the date(s) of substantial completion of all or a designated portion of the Subcontractor's Work or acceptance or use by the Contractor or Owner of designated equipment, whichever is sooner. The Subcontractor further agrees to execute any special warranties that shall be required for the Subcontractor's Work prior to final payment. ARTICLE 10 RECOURSE BY CONTRACTOR 10,1 FAILURE OF PERFORMANCE 10,1.1 NOTICE TO CURE. If the Subcontractor refuses or fails to supply enough properly skilled workers, proper materials, or maintain the Schedule of Work, or it fails to make prompt payment for its wqrkers, lower.tier sub. contractors or suppliers, disregards laws, ordinances, rules, regulations or orders of anY public authority having jurisdiction, or otherwise is guilty of a material breach of a provision of this Agreement, the Subcontractor shall be deemed in default of this Agreement. If the Subcontrac. tor fails within three (3) working days after wrinen notifica- tion to commence and continue satisfactory correction of such defauit with diligence and promptness, then the Con- tractor without prejudice to any rights or remedies, shall have the right to any or all of the following remedies: (a) supply such number of workers and quantity of materials, equipment and other facilities as the Con. tractor deems necessary for the completion of the Subcontractor's Work; or any part thereof which the Subcontractor has failed to complete or perform after the aforesaid notice, and charge the cost thereof to the Subcontractor, who shall be liable for the payment of same including reasonable overhead, profit and attorney's fees; . (b) contract with one or more additional contractors, to perform suet. part of the Subcontractor's Work as the Cont,'ac',,, shall determine will, provide the most expeditious _ompletion of the total Work and charge the cost thereof to the Subcontractor; (c) withhold payment of any moneys due the Subcon. tractor pending corrective action in amounts suffi- cient to cover losses and compel performance to the extent required by and to the ,satisfaction of the Con. tractor and (M,,:rro nr A"I'Y"'h; ~ ; and (d) in the event at an emergency affecting the safety at persons or property, the Contractor may proceed as above without notice, 9 ,~GC OOCUMeNT NO, BOO. l;lUBCONTRACT FOR BUILDING CONSTRmlON L j. @ 1990,1118 Associated General Contractors of America 1610 '77 InitialS/Date -" ~--,'--~ ~tt/.5I?? Initials/Date " ~ ~.~ " " . . 10,1,2 TERMINATION BY CONTRACTOR. If the Subcontrac. tor fails to commence and satisfactorily continue correc- tion of a default within three (3) working days after writ- ten notification Issued under Subparagraph 10,1,1, then the Contractor may, In lieu of or in addition to Sub- paragraph 10.1,1, Issue a second written notification, to the Subcontractor and its surety, if any, Such notice shall state that If the Subcontractor failS to commence and con- tinue correction of a default within seven (7) working days of the written notification, the Agreement will be deemed terminated and the Contractor may use any materials, im- plements, equipment, appliances or tools furnished by or belonging to the Subcontractor to complete the Subcon- tractor's Work. The Contractor also may furnish those materials, equip- ment and/or employ such workers or subcontractors as the Contractor deems necessary to maintain the orderly progress of the Work, All costs incurred by the Contractor in performing the Subcontractor's Work, includIng reasonable overhead, pro- fit and attorney's fees, shall be deducted from any moneys due or to become due the Subcontractor. The Subcontrac. tor shall be liable for the payment of any amount by which such expense may exceed the unpaid balance of the Con- tract Price, 10,1,3 USE OF SUBCONTRACTOR'S EQUIPMENT, If the Con. tractor performs work under this Article or sublets such work to be so performed, the Contractor and/or the per. sons to whom work has been sublet shall have the right to take and use any materials, impiements, equipment, ap- pliances or tools furnished by, belonging or delivered to the Subcontractor and located at the Project. 10,2 BANKRUPTCY 1 0,2,1 TERMINATION ABSENT CURE. If Subcontractor files a petition under the Bankruptcy Code, this Agreement shall terminate if the Subcontractor or the Subcontractor's trustee rejects the Agreement or, if there has been a default, the Subcontractor is unable to give adequate assurance that the Subcontractor will perform as required by this Agreement or otherwise is unable to comply with the requirements for assuming this Agreement under the applicable provisions of the Bankruptcy Code, 10.2,2 INTERIM REMEDIES. If the Subcontractor is not per- forming in accordance with the Schedule of Work at the time a petition in bankruptcy is filed, or at any subsequent time, the Contractor, while awaiting the decision of the Subcontractor or its trustee to reject or to assume this Agreement and provide adequate assurance of its ability to perform hereunder, may avail itself of such remedies under this Article as are reasonably necessary to main. tain the Schedule of Work, The Contractor may oHset against any sums due or to become due the Subcontractor all costs incurred in pur- suing any of the remedies provided hereunder, including, but not limited to, reasonable overhead, profit and at. torney's fees, The Subcontractor shall be liable for the payment of any amount by which such expense may exceed the unpaid balance of the Contract Price, 10.3 SUSPENSION BY OWNER, Should the Owner suspend Its contract with the Contractor or any part which includes the Subcontractor's Work, the Contractor shall so notify ..~>- , ~ -;j ~"" . . the Subcontractor in writing and upon written notification the Subcontractor shall immediately suspend the Subcon- tractor's Work, In the event of such Owner suspension, the Contractor's liability to the Subcontractor Is limited to the extent of the Contractor's recovery on the Subcontractor's behalf under the Contract Documents, The Contractor agrees to cooperate with the Subcontractor, at the Subcontractor's expense, In the prosecution of any Subcontractor claim arfsingout of an Owner suspension and to permit the Sub- contractor to prosecute said claim, In the name of the Con- tractor, for the use and benefit of the Subcontractor, 10.4 TERMINATION BY OWNER, Should the Owner ter- minate i;ts contract with the Contractor or any part which includes the Subcontraotor's Work, the Contractor shall so notifY the Subcontractor in writing and upon written notification, this Agreement shall be terminated and the Subcontractor shall immedIately stop the Subcontractor's Work, follow all of Contractor's instructions, and mitigate all costs, In the.event of such Owner termination, the Contractor's liability to the Subcontractor is limited to the extent of the Contractor's recovery on the Subcontractor's behalf under the Contract Documents, The Contractor agrees to cooperate with the Subcon- tractor, at the Subcontractor's expense, in the prosecu- tion of any Subcontractor claim arising out of the Owner termination and to permit the Subcontractor to prosecute said claim. In the name of the Contractor, for the use and benefit of the Subcontractor, or assign the claim to the Subcontractor, 10,5 CONTINGENT ASSIGNMENT OF SUBCONTRACT, The Contrac~or's contingent assignment of the Subcontract to the Owner, if provided in the Contract Documents, is effective when the Owner (a) has terminated the Contract for cause and (b) has accepted the assignment by notify- ing the Subcontractor in writing, This contingent assign- ment is SUbject to the prior rights of a surety that may be obligated under the Contractor's bond. if any. Subcontrac, tor hereby consents to such assignment and agrees to be bound to the assignee by the terms of this Subcontract, 10,6 SUSPENSION BY CONTRACTOR, The Contractor may order the Subcontractor in writing to suspend. delay. or Interrupt ali or any part of the Subcontractor's Work for such period of time as may be determined to be ap- propriate for the convenience of the Contractor, Phased or interrupted Work when required shail not be deemed a susp~nsion of Work. The Subcontractor shail notify the Contractor in writing within tan (10) working days after receipt of the Contrac. tor's order of the effect of such order upon the Subcon- tractor's Work, To the extent allowed the Contractor under the Contract Documents, the Contiact Price or contract time shail be adjusted by Subcontract Change Order for any increase in the time or cost of performance of this Agreement caused by such suspension, delay, or interruption, No claim under this Article shall be. allowed for any costs incurred more than ten (10) working days prior to the Subcontractor's notice to the Contractor, Neither the Contract Price nor the contract time shall be adjusted under this ArtIcle for any suspension, delay or interruption to the extent that performance would have been so suspended. delayed, or interrupted by the fault 10 ~G~~C'::'~~.:~::~ ~e~~~~~~~~::~~~ :~~~~:G CONSTRUCTIOjJ# Ib/3c/'l7 Initials/Date - ..., n"gUgencaDl.1he", ontractor or b a cause for which Subcontractor would have been responsible, The Contract Price shall not be adjusted under this Ar- ticle for any suspension, delay or Interruption to the ex- tent that performance would have been suspended, delayed or interrupted by a cause for 'which the Subcon- tractor would have been entitled only to a time extension under this Agreement. 10,7 WRONGFUL EXERCISE. If the Contractor wrongfully exercises any option under this Article, the Contractor shall be liable to the Subcontractor solely for the reasonable value of work performed by the Subcontrac. tor prior to the Contractor's wrongful action, including reasonable overhead and profit on the Work performed, less prior payments made, and attorney's fees, ARTICLE 11 LABOR RELATIONS (Insert here any conditions, obligations or requirements relative to labor relations and their effect on the project. Legal counsel is recommended,) ARTICLE 12 INDEMNIFICATION 12,1 SUBCONTRACTOR'S PERFORMANCE. To the fullest ex. tent permitted by law, the Subcontractor shall defend, In. demnify and hold harmless, the Contractor (including the affiliates, parents and subsidiaries, their agents and employees) and other contractors and subcontractors and all of their agents and employees and when required of the Contractor by the Contract Documents, the Owner, the Architect, Architect's consultants, agents and employees from and against all claims, damages, loss and expenses, including but not limited to attorney's fees, arising out of or resulting from the performance of the Subcontract pro. vided that: (a) any such claim, damage, loss, or expense is at. tributable to bodily Injury, sickness, disease, or death, or to injury to or destruction of tangible pro. perty (other than the Subcontractor's Work ItselO in. ciuding the loss of use resulting therefrom, to the extent caused or alleged to be caused in whoie or in part by any negligent act or omission of the Sub- contractor or anyone directly or indirectly employed by the Subcontractor or for anyone for whose acts the Subcontractor may be liable, regardless of whether it is caused in part by a party indemnified hereunder; (b) such obligation shall not be construed to negate, or abridge, or otherwise reduce any other right or obligation of indemnity which would otherwise ex- ist as to any party or person described in this Arti- cle 12, 12,2 NO LIMITATION UPON LIABIUTY,In any and all claims against the Owner, the Architect, Architect's consultants, agents and employees, the Contractor (Including its af. filiates, parents and subsidiaries) and other contractors or subcontractors, or any of their agents or employees. . . by any employee of the Subcontractor, anyone directly or In Ireet y emp eye 'tn: tvl whose acts the Subcontractor may be liable, the indem. nification obligation under this Article 12 shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Subcontractor under worker's or workmen's campen. sation acts, disability benefit acts or other employee benefit acts.' 12.3 4RCHlTECT EXCLUSION. Except as provided by the Contract Documents, the obligation of the Subcontractor under this Article 12 shall not extend to the liability of the Architect, the Architect's consultants, agents or employees of any of them, arising out of (a) the preparation or approval of maps, drawings, opi- nions, reports, surveys, Change Orders, designs or specifications, or (b) the giving of or the failure to give directions or In. structions by the Architect, the Architect's Con. sultants, and agents or employees of any of them provided such giving or failure to give is the primary cause of the injUry or damage, 12.4 COMPLIANCE WITH LAWS, The Subcontractor agrees to be bound by, and at Its own cost, comply with all federal, state and local laws, ordinances and regulations (hereinafter collectively referred to as "laws") applicable to the Subcontractor's Work including, but not limited to, equal employment opportunity, minority business enter. prise, women's bUSiness enterprise, disadvantaged business enterprise, safety and all other laws with which the Contractor must comply according to the Contract Documents, The Subcontractor snail be liable \0 the Contractor and the Owner for all loss, cost and expense attributable to any acts of commission or omission by the Subcontrac. tor, its employees and agents resulting from the failure to comply therewith, including, but not limited to, any fines, penalties or corrective measures. 12,5 PATENTS, Except as otherwise provided by the Con, tract Documents, the Subcontractor shail pay all royalties and license fees which may be due on the inclusion of any patented materials in the Subcontractor's Work, The Sub. contractor shall defend all suits for claims for infringement of any patent rights arising out of the Subcontractor's Work, which may be brought against the Contractor or Owner, and shall be iiable to the Contractor and Owner for all loss, Including all costs, expenses, and attorney's fees. ARTICLE 13 INSURANCE 13,1 SUBCONTRACTOR'S INSURANCE. Prior to start of the Subcontractor's Work, the Subcontractor shall procure for the Subcontractor's Work and maintain in force Workers' Compensation Insurance, Employer's Liability Insurance, Comprehensive or Commerciai General Liability Insurance on an occurrence basis, and all insurance required of the Contractor under the Contract Documents, The Contractor, Owner and other parties as designated in the Contract Documents shall be named as additional insureds on each of these pOiicies except for Workers' Compensation. 11 AGC OOCUMENT NO, 600 . SUBCONTRACT FOR BUILDING CONSTRUCl'!! I~ h7 0::... 1990. The Associated General Contractors at America 14 .:;>Q Initials/Date This insurance shall include contractual liability in. surance covering the Subcontractor's obligations under Article 12, 13.2 MINIMUM UMITS OF UAB/LlTY. The Subcontractor's Comprehensive or Commercial Liability Insurance and Comprehensive Automobile Liability Insurance, as re- quired by Paragraph 13.1, shall be written with limits of liability not less than the following: A. Comprehensive General liability Insurance including completed operations 1, Combined Single Limit Bodily Injury and Property Damage or 2, BOdily Injury 3, Property Damage $ 1,000.000 Each Occurrence $ 2.000,000 Aggregate $ N/A Each Occurrence $ N/A Aggregate N/A $ Each Occurrence $ N/A Aggregate B, Commercial General Liability Insurance 1. Each Occurrence 1,000.000 Limit $ 2, General Aggregate $ ::> 000,000 3. Pro<iucts/Completed Operations Aggregate $ 000 000 4. Personal and Adver. 1.000,000 tlsing Injury Limit $ C. Comprehensive Automobile Liability Insurance 1. Combined Single limit BOdily Injury and Property Damage or 2, Boqily Injury 3, Property Damage $ 1.000,000 Each Occurrence $ N/A Each Person $ N/A Each Occurrence $ N/A Each Occurrence ....... . ~~n'%~ , 13.3 NUMBER OF POUCIES. Comprehensive or Commercial General Liability Insurance and other liability insurance may be arranged under a single policy for the full limits required or by a combination of underlying poliCies with the balance provided by an Excess or Umbrella Liability Policy, 13.4 CANCaLATION, RENEWAL OR MODIACATION. The Subcontractor shall maintain in effect all insurance coverage required under this Agreement at the Subcon. tractor's sole expense and with insurance companies ac. ceptable to the Contractor, All insurance policies shall contain a provision that the coverages afforded thereunder shall not be cancelled or not renewed, nor restrictive modifications added, until at least thirty (30) days prior written notice has been given to the Contractor unless otherwise specifically required in the Contract Documents. Certificate of Insurance, or certified copies of policies acceptable to the Contractor, shall be filed with the Con. tractor prior to the commencement of the Subcontractor's Work. In the event the Subcontractor fails to obtain or main- tain any insurance coverage required under this Agree- ment, the Contractor may purchase such coverage and charge the expense thereof to the Subcontractor, or ter, minate this Agreement. The Subcontractor shall continue to carry completed operations liability insurance for at least two years after final payment. The Subcontractor shall furnish the Con. tractor evidence of such insurance at finai payment and one year thereafter. 13.5 WAIVER OF RIGHTS. The Contractor and Subcontrac. tor waive all rights against each other and the Owner, the Architect, the Architect's consultants and agents or empioyees of any of them, separate contractors, and all other subcontractors for loss or damage to the extent covered by Builder's Risk or any other property or equip.. ment insurance, except such rights as they may have to the proceeds of such insurance; provided, however, that such waiver shali not extend to the actsot the Architect, the Architect's consultants, and the agents or employees of any of them listed in Paragraph 12,3. Upon written request of the Subcontractor, the Contrac. tor shall provide the Subcontractor with a copy of the Builder's Risk policy of insurance or any other equipment insurance in force for the Project and procured by the Con- tractor. The Subcontractor shall satisfy itself to the ex. istence and extent of such insurance prior to commence- ment of the Subcontractor's Work, If the Owner or Contractor have not purchased Builder's Risk insurance for the full insurable value of the Subcon. tractor's Work less a reasonable deductible, then the Sub. contractor may procure such insurance as will protect the interests of the Subcontractor, its subcontractors and their subcontractors in the Work, and, by appropriate Subcon- tractor Change Order, the cost of such addltionai in. surance shali be reimbursed to the Subcontractor, If not covered under the Builder's Risk policy of in. surance or any other property or equipment insurance re- quired by the Contract Documents, the Subcontractor shall procure and maintain at the Subcontractor's own expense property and equipment insurance for portions of the Sub- contractor's Work stored off the site or in transit, when such portions of the Subcontractor's Work are to be in. eluded in an application for payment under Article 5, 12 AGC OOCUMENT NO, 800 . SUBCONTRACT FOR BUILOING l;;9NSTRUCTi9;{ I. h @ 1990, The Associated General Contractors of America JC 3c 7 Initials/Date ,,10- {1/sA 1 Initials/Date 13.6 ENDORSEMENT, If the policies of Insurance referred to In this Article require an endorsement to provide for con- tinued coverage where there Is a waiver of subrogation, the owners of such poliCies will cause them to be so endorsed, ARTICLE 14 ARBITRATION 14.1 AGREEMENT TO ARBITRATE. All claims, disputes and matters In question arising out of, or relating to, this Agree- ment or the breach thereof, except for claims which have been waived by the making or acceptance of final pay- ment, and the claims described in Paragraph 14,2, shall be decided by arbitration in accordance with the Construc. tion Industry Arbitration Rules of the American Arbitration Association then In. effect unless the parties mutually agree otherwise, Notwithstanding other provisions in the Agreement, this agreement to arbitrate shall be governed by the Federal Arbitration Act. 14.2 EXCEPTIONS. The agreement to arbitrate shall not apply to any claim: (a) of contribution or indemnity asserted by one party to this Agreement against the other party and aris- ing out of an action brought in a state or federal court or in arbitration by a person who is under no obliga- tion to arbitrate the SUbject matter of such action with either of tM parties hereto or does not consent to such arbitration; or (b) asserted by the Subcontractor against the Contrac, tor if the Contractor asserts said claim, either in whole or part against the Owner, or asserted by the Owner against the Contractor, when the contract bet. ween the Contractor and Owner does not provide for binding arbitration, or does so provide but the two arbitration proceedings are not consolidated, or the Contractor and Owner have not subsequently agreed to arbitrate said claim, In either case the parties hereto shall notify each other either before or after demand for arbitration is made. In any dispute arising over the application of this Paragraph 14.2, the question of arbitrability shall be decid- ed by the appropriate court and not by arbitration. 14,3 INITIAL DISPUTE RESOLUTION, If a dispute arises out of or relates to this Agreement, or the breach thereof, the parties may endeavor to settle the dispute first through direct discussions, If the dispute cannot be settled through direct discussions, toe parties may endeavor to settle toe dispute by mediation under the Construction Industry Mediation Rules of toe American Arbitration Association before recourse to arllitration, Mediation will be commenc' ed within the time limits for arbitration stipulated in loe Contract Documents, The time limits for any subsequent arbitration will be extended for the duration of the media- tion process plus ten (10) days or as otherwise provided in the Contract Documents. Issues to be mediated are sub- ject to the exceptions in Paragraph 14,2 for arbitration, The location of the mediation shall be the same as the loca- tion for arbitration identified in Paragraph 14,4, 14.4 NOTICE OF DEMAND, Notice of the demand for arbitra- tion shall be flied in writing with the other party to this Agreement and with the American Arbitration Associlltion. The demand for arbitration shall be made as required In -.~. , ~'- " . . the Contract Documents or within a reasonable time after written notice of the claim, dispute or other matter in ques. tlon has been given, but In no event shall it be made when institution of legal or equitable proceedings based on such claim, dispute or other matter In question would be bar. red by the applicable statute of limitation, whichever shall first occur. The location of the arbitration proceedings shall be the location of the Project. 14.5 AWARD. The award rendered by the arbitrator(s) shall be final and judgment may be entered upon it In accor. dance with applicable law In any court having 'Jurisdiction, 14,6 WORK CONTINUATION AND PAYMENT. Unless other- wise agreed in writing, the Subcontractor shall carry on the Work and maintain the Schedule of Work pending ar. bltratlon, If the SubContractor Is continuing to perform, the Contractor shall continue to make payments In accor. dance with this Agreement, 14,7 NO LIMITATION OF RIGHTS OR REMEDIES. Nothing in this Article shall limit any rights or remedies not express- ly waived by the Subcontractor which the Subcontractor may have under lien laws or payment bonds, 14,8 SAME ARBITRATORS. To the extent not prohibited by their contracts with others, the claims and disputes of the Owner, Contractor, Subcontractor and other subcontrac- tors involving a common question of fact or law shall be heard by the same arbitrator(s) in a single proceeding, ARTICLE 15 CONTRACT INTERPRETATION 15,1 INCONSISTENCIES AND OMISSIONS. Should incon- sistencies or omissions appear in the Contract Documents, it shall be the duty of the Subcontractor to so notify the Contractor in writing within three (3) work. ing days of the Subcontractor's discovery thereof. Upon receipt of said notice, the Contractor shall instruct the Subcontractor as to the measures to be taken and the Sub. contractor shall comply with the Contractor's instructions, 15,2 LAW AND EFFECT, This Agreement shall be govern- ed by the law of the State of l'Pnn-w'=ni" 15.3 SEVERABILITY AND WAIVER, The partial or complete i nvalidityof anyone or more provisions of this Agreement shall not affect the validity or continuing force and effect of any other provision. The failure of either party hereto to insist, In anyone or more instances, upon the perfor. mance of any of the terms, covenants or conditions of this Agreement, or to exercise any right herein, shall not be construed as a waiver or relinquishment of such term, covenant, condition or right as respects further performance, 15,4 ATTORNEY'S FEES, Should either party employ an at. torney to institute suit or demand arbitration to enforce any of the provisions hereof, to protect its interest in any matter arising under this Agreement, to collect damages for the breach of the Agreement, or to recover on a surety bond given by a party under this Agreement, the prevail. ing party shall be entitled to recover reasonable attorney's fees, costs, charges, and expenses expended or incurred therein, 13 AGC DOCUMENT NO, 800 . SUBCONTRACT FOR BUILDING CONSTRUCT @ 1990, The Associated General Contractors of America ' , 15,5 rniES. The titles given to the Articles of this Agre; ment are for ease of reference only and shall not be relied upon or cited .for any other purpose. 15.8 ENTIRE AGREEMENT. This Agreement Is solely for the benefit of the signatories hereto and represents the en- tire and integrated agreement between the parties hereto and supersedes all prior negotiations, representations, or agreements, either written or oral, ARTICLE 18 SPECIAL PROVISIONS 18.1 PRECEDENCE. It Is understood the work to be perform- ed under this Agreement, including the terms and condi- tions thereof, is as described in Articles 1 through 16 together with the following Special Provisions, which are intended to complement same, However, in the event of any inconsistency, these Special Provisions shall govern, 16.2 SCOPE OF WORK. ~II work necessary or incidental to complete the Fram~nq, Insulation. WallboArd Work for the Project in strict accordance with and reasonably inferable from the Contract Documents and as m~par. licularJy, thCua.h not ellclusiyely, specified in l'll:lns, 5peCU~cat~ons and Addenda with the following additions or deletions: Exhibit "I" dated October 1, 1997 - Scope of Work '~~C 16.3 COMMON TEMPORARY SERVICES. The following "Pro. . ject" common temporary services and/or facilities are for the use of all project personnel and shall be furnished as herein beie..- ReteEl: By this Subcontractor; By others; All Temporary Utilities are to be provided as per the Project Specifications. 16.4 OTHER SPECIAL PROVISIONS. (Insert here any special provisions required by this Agreement.) Exhibit "4" - Modification to Standard Contract 16,5 CONTRACT DOCUMENTS. (List applicable Contract Documents including specifications, drawings, addenda, modifications and exercised alternates, Identity with general description, sheet numbers and latest date in. eluding revisions,) Exhibit "2" Specifications/ Addenda Bulletin No. 1 8/19/97 No. 2 8/29/97 No. 3 9/03/97 Exhibit "3" - Drawings Exhibit "5" - Waiver of Lien 3xhibit "6" - Additional Insured This contract is not valid until signed by both parties. IN WITNESS WHEREOF, the parties hereto have executed this Agreement under seal, the day and year first above written. CCI CONSTRUCTION CO., INC. con~ ~A /' By ~ ~~ (Title) Pdt- H,,-v\ li r\ II f /Sv~ks s~~n E. Sechrist, V. P. Operations Date: IO/.3c 19'7 Date: I~? ( , 14 r AGe DOCu~ENT NO, 800 . SUBCONTRACT FOR BUII.DING CONSTRUCTION @ , 990, Tlte Associated General Contractors of Amerlca ' KELLY SYSTEMS, INC. Subcontr ~" , ,-- "' ~ ~- EXHIBIT "1" OUTLOOK POINTE AT CREEKVIEW MECHANICSBURG, PA SCOPE OF WORK DATED: OCTOBER 1, 1997 16.2.1 General Scope of Work: This contract includes the furnishing of all supervision, labor, material, tools, equipment and all related incidentals, including permits, licenses, approvals, etc. as needed and/or required to complete the Light Gauge Structural and Non-Structural Metal Framing (including Metal Furring on Building Exterior), Air Infiltration and Vapor Barrier, Insulation and Sound Batts, and Gypsum Wallboard (Single Layer and Fire Rated Assemblies), all in accordance with the Contract Documents, General Requirements, Specification Section 05400, 07190, 07200, 09250 and to the satisfaction of the Owner, Architect, Engineer, Contractor and/or their respective representatives. Furthermore, it is expressly understood and agreed to by both parties that this contract supersedes all prior negotiations, representations or agreements, either written or oral (as per Article 15, Paragraph 15.6 of the Contract) and that all of the Work identified in this Exhibit is complete per the applicable specification(s) unless specifically excluded herein. 16.2.2 Including but not limited to: 1. CCI to Provide BaseLines for Layout. 2. Contractor is Responsible for Layout of Partitions. 3. Contractor to Coordinate Work with CCI on Site Personnel and Project Schedule. 16.2.3 Exclusions: 1. Reinforced Gypsum Column Corners 2. Draft Stops. 3. Fire proofing. 4. Durock Cement Board il/ n/.lp/)J Initials/Date ~//'/41? Initials/Date Page 1 of 1 " ~ -~,: . EXHIBIT "2" OUTLOOK POINTE AT CREEKVIEW MECHANlCSBURG, PA SPECIFICATIONS/ADDENDA The following pages 1 through 6 represent the listing of all Contract Documents (Specifications and Addenda) provided to the Subcontractor and included as part of this Subcontract. fJ/ !o/3{1'7 InitialslDate dff /f~h-? - "tialslDate " , EXHIBIT "2" OUTLOOK PO!NTE'AT CREEKVIEW HECHANICSBURG. PA SPECIFICATIONS/ADDENDA CONDITIONS OF THE CONTRACT Section 00700- GENERAL CONDITIONS OF THE CONTRACT 00700-1 thru 00700-1 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION (AlA DocumentA201) 1 thru 38 SPECIFICATIONS DIVISION 1- GENERAL REQUIREMENTS Section 01100- SUMMARY OF WORK 01100-1 thru 01100-2 Section 01200 - PRICE AND PAYMENT PROCEDURES 01200-1 thru 01200-6 Section 01230 - AL TERNA TES 01230-1 thru 01230-2 Section 01310- PROJECT COORDINATION 01310-1 thru 01310-5 Section 01320 -INCREMENTAL OBSERVATION 01320-1 thru 01320-3 Section 01330 - SUBMITTAL PROCEDURES 01330-1 thru 01330-11 Section 01400 - QUALITY REQUIREMENTS 01400-1 thru 01400-6 Section 01500 - tEMPORARY FACILITIES AND CONTROLS 01500-1 thru 01500-3 Section 01600 - MATERIAL AND EQUIPMEt;lT . 01600-1 thru 01600-5 SUBSTITUTION REQUEST FORM Section 01700 - EXECUTION R!;QUIREMENTS 01700-1 thru 01700-13 Section 01750 - STARTING AND ADJUSTING 01750-1 thru 01750-2 DIVISION 2 - SITE WORK Section 02100 - SITE PREPARATION 02100-1 thru 02100-2 Section 02151 - SHORING 02151-1 thru 02151-2 Section 02210 - SITE GRADING 02210-1 thru 02210-6 Section 02220 - STRUCTURAL EXCAVATION, BACKFILL AND COMPACTION 02220-1 thru 02220-8 Section 02221 - TRENCHING, BACKFILL AND COMPACTION 02221-1 thru 02221-13 Section 02260 - FINISH GRADING 02260-1 thru 02260-4 Section 02360 - SOIL TREATMENT FOR TERMITE CONTROL 02360-1 thru 02360-3 PAGE 1 OF 6 " .,' ~~w-;"'H' EXtIIBI'I; "2" OUTLOOK POINTE AT CREEKVIEW MECHANICSBURG.. PA Section 06200 - FINISH CARPENTRY 06200-1 thru 06200-5 Section 06445 - ARCHITECTURAL SIMULATED WOODWORK 06445-1 thru 06445-3 DIVISION 7 - THERMAL AND MOISTURE PROTECTION Section 07100 - WATERPROOFING 07100-1 thru 07100-4 Section 07190 - VAPOR AND AIR BARRIERS 07190-1 thru 07190-2 Section 07200 -INSULATION 07200-1 thru . 07200-5 Section 07250 - FIREPROOFING 07250-1 thru 07250-3 Section 07270 - FIRESTOPPING 07270-1 thru 07270-10 Section 07311 - ASPHALT SHINGLES 07311-1 thru 07311-4 Section 07467 - RESIDENTIAL SIDING AND SOFFIT 07467-1 thru 07467-3 Section 07600 - FLASHING AND SHEET METAL 07600-1 thru 07600-3 Section 07800 - ROOF ACCESSORIES 07800-1 thru 07800-2 Section 07900 - SEALANTS AND CAULKING 07900-1 thru 07900-4 - DIVISION 8 - DOORS AND WINDOWS Section 08110 - HOLLOW METAL WORK 08110-1 thru 08110-5 Section 08210 - WOOD DOORS 08210-1 thru 08210-3 Section 08214 - METAL CLAD WOOD DOORS 08214-1 thru 08214-3 Section 08350 - BIFOLD DOORS 08350-1 thru 08350-2 Section 08631 - PLASTIC WINDOWS 08631-1 thru 08631-5 Section 08700 - HARDWARE AND SPECIALTIES 08700-1 thru 08700-7 Section 08800 - GLAZING 08800-1 thru 08800-4 DIVISION 9 - FINISHES Section 09250 - GYPSUM WALLBOARD 09250-1 thru 09250-5 Section 09300 - TILE 09300-1 thru 09300-4 Section 09650 - RESIUENT FLOORING 09650-1 thru 09650-5 PAGE 3 OF 6 PAGE 4 OF 6 '~, ",_:.':\ -- - EXaIBI'l; "2" OUTLOOK POINTE AT CREEKVIEW MECHANICSBURG. FA Section 15120 - PIPING SPECIALTIES 15120-1 thru 15120-5 Section 15140 - SUPPORTS AND ANCHORS 15140-1 thru 15140-5 Section 15150 - VIBRATION ISOLATION 15150-1 thru 15150-4 Section 15160 - PUMPS 15160-1 thru 15160-2 Section 15180 -INSULATION 15180-1 thru 15180-8 Section 15200 - PLUMBING SPECIALTIES 15200-1 thru 15200-6 Section 15210 - PRESSURE BOOSTING SYSTEM 15210-1 thru 15210-2 Section 15250 - WATER HEATERS 15250-1 thru 15250-2 Section 15300 - SANITARY DRAINAGE 15300-1 thru 15300-6 Section 15320 - INTERCEPTORS 15320-1 thru 15320-2 Section 15330 - SUMP PUMPS 15330-1' thru 15330-3 Section 15350 - STORM DRAINAGE 15350-1 thru 15350-4 Section 15400 - PLUMBING FIXTURES 15400-1 thru 15400-8 Section 15480 - FUEL HANDLING SYSTMES 15480-1 thru 15480-2 Section 15550 - FIRE PROTECTION 15550-1 thru 15550-7 Section 15710 - TERMINAL HEATING UNITS 15710-1 thru 15710-3 Section 15715 - FUEL FIRED "HEA TERS/FURNACES 15715.1 thru 15715-2 Section 15720 - UNITARY EQUIPMENT 15720-1 thru 15720-5 Section 15800 - AIR HANDLING EQUIPMENT 15800-1 thru 15800-5 Section 15850 - AIR DISTRIBUTION 15850-1 thru 15850-9 Section 15920 - WIRING AND CONTROL OF MECHANICAL 15920-1 thru 15920-8 EQUIPMENT Section 15950 - TESTING AND BALANCING OF HVAC SYSTEM 15950-1 thru 15950-3 Section 15999 - MECHANICAL AL TERNA TES 15999.1 thru 15999-1 DIVISION 16. ELECTRICAL Section 16010 - GENERAL PROVISIONS - ELECTRICAL 16010.1 thru 16010-12 PAGE 5 OF 6 " EX,HIBIl' "2" OUTLOOK POINTE AT CREEKVIEW MECHANICSBURG. PA Section 16050 - BASIC MATERIALS Section 16110 -RACEWAY AND FITTINGS Section 16120 - WIRE AND CABLE, 600 VOLTS AND BELOW Section 16130 - BOXES Section 16140 - WIRING DEVICES Section 16145 - DISCONNECT SWITCHES Section 16170 - OVERCURRENT PROTECTIVE DEVICES Section 16180 - GROUNDING SYSTEMS Section 16200 - POWER GENERATION Section 16250 - AUTOMATIC TRANSFER SWITCHES Section 16400 - ELECTRICAL SERVICE Section 16420 - SWITCHBOARDS Section 16430- PANELBOARDS Section 16500 - LIGHTING Section 16600 - SPECIAL SYSTEMS Section 16710 - TELEPHONE CONDUIT SYSTEM Section 16720- FIRE ALARM SYSTEMS Section 16725 - RESCUE ASSISTANCE SYSTEM Section 16790 - TELEVISION CONDUIT DISTRIBUTION SYSTEM CATV Section 16900 - CONTROLS AND INSTRUMENTATION Section 16960 - WIRING OF MECHANICAL EQUIPMENT ADDENDA: Addendum *1 dated 08/19/97 Addendum *2 dated 08/29/97 Addendum *3 dated 09/03/97 PAGE 6 OF 6 . , . ,- 16050-1 thru 16050-6 16110-1 thru 16110-12 16120-1 thru 16120-11 16130-1 thru 16130-4 16140-1 thru 16140-7 16145-1 thru 16145-2 16170-1 thru 16170-3 16180-1 thru 16180-4 16200-1 thru 16200-15 16250-1 thru 16250-6 16400-1- thruH.j,6400-5 16420-1 thru 16420-5 16430-1 thru 16430-3 16500-1 thru 16500-6 16600-1 thru 16600-3 16710-1 thru 16710-3 16720-1 thru 16720-19 16725-1 thru 16725-8 16790-1 thru 16790-4 16900-1 thru 16900-9 16960-1 thru 16960-8 -~ p '-, .,-'- '-" "13: , J!;XHlliIT "3" OUTLOOK POINTE AT CREEKVlEW MECHANlCSBURG, PA CONTRACT DRAWINGS The following pages 1 through 3 represent the listing of all Contract Drawings provided to the Subcontractor and included as part of this Subcontract. M 1'/.~QI97 Initials/Date /Jk I/Y)f7 Initials/Date ~, . ., ,~ - - ~~ --~ EXHIBIT "3" OUTLOOK POINTE AT CREEKVIEW MECHANICSBURG, PA SECTION 00015 - INDEX OF DRAWINGS COVER SHEET' UFE SAFETY DATA UFE SAFETY - FIRST FLOOR PLAN UFE SAFETY - SECOND FLOOR PLAN LS1.1 LS1,2 LS1.3 CML SD-1 SUBDIVISION PLAN LP-1 LAYOUT PLAN GP-1 GRADlNGlUTlUTY PLAN CD-1 CONSTRUCTION DETAILS CD-2 CONSTRUCTION DETAILS P-1 PROFILES EC-1 EROSION CONTROL PLAN EC-2 EROSION CONTROL DETAILS L-1 LANDSCAPING PLAN ARCHITECTURAL A 1,1 FIRST FLOOR PLAN A 1,2 DIMENSIONED FIRST FLOOR PLAN A1.3 SECOND FLOOR PLAN A1.4 DIMENSIONED SECOND FLOOR PLAN A 1.5 A TIIC FLOOR PLAN A1,S ROOF PLAN & DETAILS A1,7 ENLARGED FLOOR PLANS-SUITES A 1,8 ENLARGED FLOOR PLANS-COMMON A2,1 BUILDING ELEVATIONS A2,2 COURTYARD ELEVATIONS & DETAILS A2.3 INTERIOR ELEVATIONS A3.1 BUILDING SECTIONS A3.2 WALL SECTIONS A3~3 WALL SECTIONS A3.4 WALL SECTIONS & DETAILS A4,1 MISCELLANEOUS DETAILS A4.2 MISCELLANEOUS DETAILS A4,3 STAIR DETAILS & MISC. A4.4 STAIR DETAILS & MISC, AS,1 FINISH SCHEDULE AS,2 FINISH SCHEDULE AS.3 FINISH & COLOR SCHEDULE & DETAILS AS.4 FIRST FLOOR DOOR SCHEDULE & FRAME DETAILS AS.S SECOND FLOOR DOOR SCHEDULE & HARDWARE AS.S WINDOW ELEVATIONS & DETAILS AS.? FLOOR FINISH DIAGRAMS AS.1 FIREPLACE DETAILS K1.1 KITCHEN AND LAUNDRY PLANS . PAGE 1 OF 3 . -.,- ~. ' ~ ">;t'i:~i ExiuBIT "3" OUTLOOK POINTE AT CREEKVIEW MECHANICSBURG. PA STRUCTURAL 8-1 GENERAL NOTES 8-2 FOUNDATION PLAN S-3 SECOND FLOOR FRAMING S-4 ROOF FRAMING 5-5 TYPICAL DETALS S-6 SECTIONS AND DETAILS PLUMBING HPE-1 PE-2 P-3 P-4 P-5 P-6 P-? P-8 P-9 P-10 P-11 P-12 P-13 ROOF PLAN & DETAILS SITE PLAN FIRST FLOOR PLAN - PLUMBING SECOND FLOOR PLAN - PLUMBING FIRST FLOOR PLAN - NEIGHBORHOOD "An - PLUMBING FIRST FLOOR PLAN - NEIGHBORHOOD "S" - PLUMBING SECOND FLOOR PLAN - NEIGHBORHOOD "C" - PLUMBING SECOND FLOOR PLAN - NEIGHBORHOOD "0" - PLUMBING SECOND FLOOR PLAN - NEIGHBORHOOD"E" - PLUMBING COMMONS AREA FLOOR PLAN - PLUMBING KITCHEN FLOOR PLAN - PLUMBING MECHANICAL R<XlM FLOOR PLAN - PLUMBING DETAILS . HVAC HPE-1 ROOF PLANS & DETAILS H-2 FIRST FLOOR PLAN - HVAC H-3 SECOND FLOOR PLAN - HVAC H-4 FIRST FLOOR PLAN - NEIGHBORHOOD "A" - HVAC Hc5 FIRST FLOOR PLAN - NEIGHBORHOOD "S" - HVAC H-6 SECOND FLOOR PLAN - NEIGHBORHOOD "C" - HVAC H-? SECOND FLOOR PLAN - NEIGHBORHOOD "on - HVAC H-8 SECOND FLOOR PLAN - NEIGHBORHOOD "E" - HVAC H-9 COMMONS AREA FLOOR PLAN - HV AC H-10 KITCHEN FLOOR PLAN - HVAC H-11 MECHANICAL ROOM FLOOR PLAN - HVAC H-12 DETAILS ELECTRICAL HPE-1 ROOF PLANS & DETAILS PE-2 SITE PLAN E-3 FIRST FLOOR PLAN - OVERALL LIGHTING & POWER E-4 SECOND FLOOR PLAN - OVERALL LIGHTING & POWER E-5 FIRST FLOOR PLAN - NEIGHBORHOOD "An - POWER LIGHTING & SlGNAL E-6 FIRST FLOOR PLAN - NEIGHBORHOOD "S" - POWER LIGHTING & SIGNAL E-? SECOND FLOOR PLAN - NEIGHBORHOOD "cn - POWER LIGHTING & SIGNAL PAGE 2 OF 3 ~ ,~ , ~, , 1'>, EXIUBIl' .3. OUTLOOK POINTE AT CREEKVIEW MECHANICSBURG, PA E-8 SECOND FLOOR PLAN - NEIGHBORHOOD "D' - POWER LIGHTING & SIGNAL E-9 SECOND FLOOR PLAN - NEIGHBORHOOD "E" - LIGHTING AND SIGNAL E-10 COMMONS AREA FLOOR PLAN - POWER &TELEPHONE E-11 COMMONS AREA FLOOR PLAN - LIGHTING & SIGNAL E-12 SIGNAL & LIGHTING SCHEDULE E-13 ONE LINE E-14 DETAILS E-15 LIGHTING FIXTURE SCHEDULE E-16 PANEL SCHEDULE E-17 PANEL SCHEDULE E-18 PARTIAL PLANS & DETAILS PAGE 3 OF 3 " ~"- , " ~--, lfi~_; EXU.J.RlT "4" OUTlOOK POlNTE AT CREEKVIEW MECHANlCSBURG, PA MODIFICATION TO STANDARD CONTRACT ARTJrT ,E 5. Para~ph 5.2. Add: 5.2.7 RELEASE Each Application for Paymentshall be accompanied by a Conditional Release of Lien for the current period and an Unconditional Release of Lien for the preceding period. Releases shall be executed by the Subcontractor and all Sub- subcontractors and material suppliers whose contract provided for the performance of services or provision of materials through the date of the corresponding Application for Payment. Should the Subcontractor not be required to provide the Contractor with a 100% Payment and Perfonnance bond for this subcontract agreement, then the Contractor may at any time, and at its sole discretion, direct the Subcontractor to establish a joint check agreement with any or all of the sub-subcontractors and vendors to whom this Subcontractor incurs an obligation under this subcontract agreement. Implementation of this joint check procedure shall not create an obligation between CCI and any of the Subcontractor's sub-subcontractors and or vendors. ARTJrT ,E 5. Paravl'lmh 5.3. Add: 5.3.2 (F) Prior to the receipt of final payment, the Subcontractor shall provide to the Contractor full and complete releases and Final-Unconditional Waivers of Lien rights from the Sub-subcontractors and material suppliers as evidence that they have been paid for the work performed or materials supplied in connection with the project and the work and that all Lien Rights held by the Subcontractor, Sub-subcontractors and material suppliers performing the work or supplying materials have been validly released. In addition, if a Payment and Performance bond was required to be furnished by the Subcontractor, a Consent of Surety form must be executed by the Subcontractor and their surety and delivered to the Contractor prior to the reduction of retainage and release of imal payment. ARTICLE 8. Paral!l'aph 8.6. Add: In the event of a safety or other emergency condition, any written notification or instructions issued to Subcontractor's On-site Representative shall be binding to the same degree as if issued in writing to the Subcontractor's Corporate Office. hI %.~lJ7 Initials ate ~/tM7 . InitialslDate Page 1 of 3 ^ f' ; _ ~ '~"""'_.;': EXHIBIT n4n OUTLOOK POINTE AT CREEKVlEW MECHANlCSBURG, PA MODIFICATION TO STANDARD CONTRACT ARTICLE 11 - LABOR RELATIONS 11.1 Should the Subcontractor be union or join a union, the Subcontractor agrees to the following: Notwithstanding anything to the contrary set forth in this Agreement, Subcontractor shall be responsible for and assumes exclusive liability for all damages of whatsoever nature arising out of any union activity or labor relations (with respect to the work under this contract) affecting the Project including, but not limited to, delay damages or claims, liquidated damages which may be imposed upon the Contractor and/or additional claims, compensation or cost payable by Contractor as a consequence of any delay, work stoppage, picketing or like activity by any union or labor-related organization, group or association. ' ARTICLE 16.4 - OnlliK SPECIAL PROVISIONS 16.4.1 All work called for in the specifications and not shown on the plans or drawings, or shown on the plans and drawings and not mentioned in the specifications, shall be executed and furnished by the Subcontractor as if described in both. 16.4.2 Subcontractor a;rees to abide by CCl's Safety Requirements and as per OSHA. These rules and regulations will be made available in CCl's Office Trailer and will be reviewed throughout the project during project meetings. Furthermore, CCI may proceed to correct and backcharge Subcontractors who are notified of safety violations and do not immediately respond to same. Continued and/or repeated safety violations may be cause for stoppage of the Subcontractor's work and/or removal of the applicable Subcontractor's employee. Accordingly, the Subcontractor will be held responsible for damages and cost associated with such stoppage. 16.4.3 Extra or additional work shall not commence until the Subcontractor has an approved change order signed by the General Contractor. General Contractor shall not be responsible for extra or additional work performed by the Subcontractor without a change order sigued by all parties. Time and Material, tickets or forms presented to the General Contractor by the Subcontractor for acknowledgement by the General Contractor's Field personnel are not to be construed as concurrent that a changed condition has occurred. The General Contractor's Field personnel have authority to only acknowledge that work occurred at a given place and time. The General Contractor's Field personnel do not have the authority to acknowledge a changed condition. Only an Officer and/or the Project Manager of the General Contractor may acknowledge that a changed condition has occurred and that the Subcontractor is entitled to compensation under Article 6 of the Subcontract. 16.4.4 All Subcontractor change orders must be sigued and submitted to the General Contractor by the 15th of the month in order for that change to be processed on pay applications submitted on the 25th of that same month. IJI lo~h7 InitialstDate ~1I/5h r Initials/Date Page 2 of 3 ~ - 'c_. - "~F.t!', EXHIBIT "4" OUTLOOK POINTE AT CREEKVlEW MECHANICSBlJRG, PA MODIFICATION TO STANDARD CONTRACT OUlliK SPECIAL PROVISIONS (CONTINUED) 16.4.5 Subcontractor agrees to respond to the General Contractor's Requests For Proposal within 7 days of the date of the request. 16.4.6 Work hours shall be as delineated in the project specifications or as otherwise approved by CCI and the owner. 16.4.7 All shop drawings, samples and product submittals are to be submitted no later than -li days from receiDt of subcontract, unless agreed to otherwise within the scope of work. 16.4.8 Subcontractor assumes exclusive liability for all contributions, taxes or payments required to be made because of employees of the Subcontractor by the Federal and State Unemployment Compensation Acts, Social Security Acts or any amendments thereto, and by all other or future Acts, State or Federal, requiring the payment of similar contributions or taxes, and for all sales tax and use tax. 16.4.9 All invoices will be submitted on an AlA G702 and G703 format. The blank forms will be supplied by the Contractor. All invoices submitted after the 25th of the month will be processed for payment on the following month's billing. 16.4.10 The Subcontractor will provide a list of major suppliers and sub-subcontractors when requested. 16.4.11 Notice of unclean jobsite conditions will be given to on site Supervisor. Cleanup must be within 24 hours after that notice has been received by him. See Article 8, Paragraph 8.8 of this contract. 16.4.12 In the event Subcontractor is or becomes aware of any non-conformity in the Plans and Specifications to any applicable law, code, or regulation, Subcontractor shall give Contractor prompt notice of same. Subcontractor shall ensure that all sub-contracts shall require such Sub-subcontractor to give Subcontractor notice of any such non-conformities of which Sub-contractor is or becomes aware. 16.4.13 The Subcontractor specifically agrees that all applicable Material Safety Data Sheets (MSDS) required pursuant to the Hazardous Communication Standard (29CFR Part 1910.1200) for the proper performance of the Subcontractor's obligation, are to be provided by the Subcontractor. The Subcontractor shall indemnify and hold harmless CCI Construction Co., Inc. from any liability, claim, loss or expense arising out of or in connection with the failure or neglect of the Subcontractor to comply with the above requirement. All MSDS forms are to be mailed to the subject project site, and will reference this Subcontract and project number. fl.1 I d;oi'i'J InitialsrDate ~ //5/17 Initials/Date Page 3 of 3 " -, t-;',; EXHIBIT "5" OUTLOOK POINTE AT CREEKVIEW MECHANICSBURG, PA WAIVER OF LIEN In consideration of awarding this contract to Kelly Systems, Inc. and as a condition preceding the acceptance of this contract by CCl Construction Co., Inc., Subcontractor hereby waives and releases any mechanic's or materialman's lien, or claim or right of such lien, on the Owner's property and premises and improvements, which are the subject matter of Subcontractor's contract. This waiver and release extends to any future improvements that may be located on the Owner's premises. This waiver also extends to any claim or right to any mechanic's or materialman's lien that may arise in the future on account of the labor or materials furnished or to be furnished by the Subcontractor pursuant to the terms of this contract. This waiver will, in no manner prevent Subcontractor from bringing any action against CCI Construction Co., Inc. for recovery of sums claimed owed by Subcontractor under this contract, but Subcontractor agrees not to subject the improvements nor Owner's property to any mechanic's or materialman's lien, whether such be statutory or constitutional. PH ithoh7 Initials/Date ..JtJ. JJ!6!ilJ7 "tnitials/Date Page 1 of 1 . - ... ~ .j rr T~IUliiil'"i( , EXHIBIT "6" OUTLOOK POINTE AT CREEKVlEW MECHANICSBURG, PA ADDITIONAL INSURED The following shall be included via endorsement as additional insured for the project: CCl Construction Co., Inc. .' Balanced Care Corp. (Owner) Capstone Capital of PA, Inc. (?J.I JclJ7~ ~e .J# JI/5/~ 1 Initials/D~te Page 1 of 1 A~~ti~i'..~^ , '^-'<tlr,llli.:Uj Insurance' Company ;~~}~:~t:;:t0.~~-{:;'1fiii~tf~j,.-:r~~.::~:i:~' :";#@(:~;;'2~~:::;'M:~.:.';,",'.'::~::;;;~:::;:::: .--..-......', . Sm8~N ~ "..'^' 1E (l-UoWOM') . >tif~]~lW~h4t~ ~"~W"'" ~~. "$r-~ '1:U01~~ ...I rTIils CERTIRCATE'IS IssueD 'AS A MATTER OF INFOR.MAnON..ONiy..ANO....... , : CONFERS NO RIGHTS UPON TIlE CERTIRCATE HOLDER. nJlS CERTIFICATE !}9.~~I.~~,Tf1.:~~~,~,:..~~~.~~.. A~~~.,~.~..~~~~.~~_GE..~~~.~.~D~D.BY TIlE I COMPANIES AFFORDING COVERAGE SJa.rotlE ,c:y,cpAm A t 1..E'mM ....n_u.__.'.........._. '.._m...".._._........n".....__.........'.___n.......:.._..........-.._.....'........'......_..__. _ . __. __ .. OOOE COmmerclal Union tnsuranc .................. I .-..__...._._.._......................._._.....______.._..._.........._.........._.._....._._._............,....J COMPANY B ' i ''''RED ,..:;~...C.....................u uS'A' '''M., "', !Dlc.E'............................................ Subcontractor i ~'~'::'............................................. " . ...: :,-,=.1. .....-....... ! "'co.:.;,AlIY 0 ..-.....:'..........'............. , l.E'I15t . !....CM~....E.......................u.................., ......................-.................................u.......................... ' ! L.ErJ'8=l "......,.........',."....... .........".......__ mn.'_.........__,....,....__...__.,....__n.. .'_....'._..hh....,.. a:!MfJ\\~""-".:LL. '.liWl'l~.;b;-' j ..:~>w L'.~:z:._.JiiltJD:;lL..i~~: 5.W%" i,*w,.;.;i... ';:..:.:2!~cl\\&1 THIS IS TO cernA' THAT THE POUClES OF INSUIWlCE USiED Baow HAVE BEa/ISSUED TO mE INSURED NAMED ABOVE FOR mE POUCY PERJOD INDICATED. NOlWflHSTANDING ANY REOUIREMelT, TERM OR CONomON OF ANY CON1llACT OR omER DOCUMENT wrTH RESPECT TO WHICH THIS CERTlRCATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFOROED BY THE POUClES OESCRIBED HEREIN IS SUBJECT TO AU.. THE 'TElMS, EXCLUSIONS ANO CONomONS OF SUCH POUCIES,UMITS SHOWN MAY HAVE BEEN REDUCED BY PAID ClAIMS. ~L:..:.:,:::::=:::::~~~::~::~.I::,~::.~.~.::::.:.~:~:~::.:..:~..:.::::I~~]~:~~.:.I....:.:,:::.:...::....::.~:..:..:..:~.:....:::.:::.::.::.:::........::.:u A GENSRAL UAI!UTY !' R36S977 : 07/05192 ! 07/0!SI93 ! Ge<eW. AGGfIEGAlS' i- 2 Millio :-....-... - .. ...........-.........---.-.---......,.---.-..---.--.....-...1 ! x i CCMMalCW.. GSN6lAl UASUIY i ';; f'!lOOUC1S.Cl)I.cP AGO. i- 1 MillioIl! . rl*ffi:co::J~:~ i L~:z~~:.~::=IFr~fHf~~ ':..,.....' ...........-....'u..-................-.........l . ;::~~~~~~Jti;;h::::F~HH~~ ~~::.....................u...T...........uR;:s977.........................u...,.....O7irM2.........T...07rosmu...uu..r~;;Eii.s;;;;;;:................F......~....:~~.~~J ..,........ '. ._.................,......_........_u...........~........n........................,.., : ; AI..L OWNED AlTTCS ~ '. j saDLY VUJRY ~ ~ SQEOUl.ED AUTOS !..~:.~.~:!...,.__...............n ,..,,:.~......... .'...m..............' . ~ x j H~ AUTOS j BOCLY IK.URY ;,'.' . x ~ NClN-Q'M.lED AUTOS i (per ecci::lettl) . . ,......'.._..................,..___........,..,'l<........,........'......',."....., llAAAGE lJASIUl'Y ~ P!=IOf'STY O~ ~5 . . AE<CESS.~.................................... uu.u....iiZ.02S7S.......u......... 07105m ..'... . Oiii093u...~:.0.9.:'~~:::.=:::::::::::r;:::................................. ,.L.~=L;;;' ~..~....,..,..,L......._...............,........._......._..................................................!.................................iiiiii1WMwJjN;fWrl' ~=;:.~____~____________-+-____~______~~f~tijt~ : : ::: ..................,........-.----.-.---..........---.:...---..........---...-....-.................-......--...,.-..-............-..-.-.....:........--.....................:.....-............-........-.-.-.............-.-.....,.....-.............-.-'-. _'CI Construction P.O. Box 1129 "lechanicsburg, PA 17055-1129 ~rFf'"ON OF OPERA11::>NSlOCA'Tl:JHS'VBi~ l'1B4S :JR:lJEcr: Outlook Pointe at C:reekview, Mechanicsburg. PA \Ei:5ITIQNAL INSURED: CCI Construction Co.. Inc., Balanced. Care Co:r:p. (Owner) and Ca!;Stone Capital of PA, Inc. . ,~~V~",.,~~.. .'.~,'.'., SHQULll ANY OF '!HE ABOVE DESCRIBED POUClES BE CANC8..l$i BEFORE THE EXPIRATION OATE '!HEREOF, '!HE ISSUING COMPANY WIll. ENOEAVOR TO ;U MAll ~ OAYS NOTlCE TO mE CERTIRCATE HOLllER NAMED TO '!HE ,;~':.;, ~"" LEFT, BUT F RE TO AIL SUCH NOTlCE SHAll.. IMPOSE NO OBUGATION OR @~ UA8IUTY ANY KlNQ UPON 1l-iE COMPANY. ENTS OR REPRESENTATIVES. "ttn: Mrs. Virginia M. Heisey ..,',....,:::,.;.;:::.:',-",;;;,:,:;; ,'...'...,'AIJTHOAl2EO ~~ .... ;:; ... /7 ;;.,,;+';,!i'E.+t+r:;;;~{,.}.r}.?::;.?ni;'.;,.%n.. "","r;;;:;.~...,;;;~S;; C6R6;'?~s:..<i''fiiii?i\T:', .....'0t5f( , .t;;,,':::;.;...4!...COROCORP<JRATIOt-<1Wo' , . Distribution to: OWNER ARCHITECT CONTRACTOR :r FIELD T OTHER (~'t'.' '"' - -"~.~~-, j,; . Requested by: OWNER ARCHITECT' CONTRACTOR X CITY/STATE OTHER PROJECT: OUTLOOK POINTE ~ CREEKVIEW BALANCED CARE CORPORATION 5021 LOUISE DRIVE, SUITE 200 MECHANICSBURG, PA. 17055 TO (Subcontractor): KELLY SYSTEMS, INC. 1213 C PAXTON CHURCH ROAD HARRISBURG, PA. 17110 ~~;;;9;' ! i ~ .... (' I eel CONS', C" ll\!.., , .......-..-.....-...-...... SUBCONTRACTOR CHANGE ORDER NUMBER: 1 INITIATION DATE: Q6:~F;16 . GIII('5 CONTRACTOR'S PROJECT NO: 448 CONTRACT FOR: FRAMING/INSU./WALLBOARD CONTRACT DATE: 11/05/97 CCI REFERENCE NO: 29 You are directed to make the following changes in this Contract: This change order represents the full satisfaction and accord of this subcontractor that payment is for all work associated with fireproofing columns{15 on first floor / 12 on second floor) for a one hour rating using Monokote type MK-6. TOTAL ADD THIS CHANGE,..................................................................... .$4,700.00 COTS#53 Not valid until signed by both the. Subcontractor and General Contractor Signature of the Contractor indicates his agreement herewith, including any adjustment in the Contract Sun- or Contract Time. H The original (Contract Sum) was.."....."...,...,......,..,...",.,........."...;.,..,...,.. S482000.00 Net change by previously authorized Change Orders............."",.....,.................".. SO.OO The (Contract Sum) prior to this Change Order. was...........,.....,...,........,.......,.,.,.. S482000.00 The (Contract Sum) will be (increased) by this Change Order, ...... ........... ...... .......""........., ........., ............,.... $4700.00 The new (Contract Sum) including this Change Order will be.........,........,..,...,...",.... $486700.00 The Contract Time will be (unChanged) by The Date of Substantial Completion as of the date of this Change Order therefore is...,...,..... ( 0) DAYS CCI CONSTRUCTION COMPANY, INC. P,O. BOX 1129 203 LYNNOALE COURT MECHANICSBURG, PA. 17055-1129 ,,~~j t{...b. ~/ Pete Hanl.in , Vip Sa: es I'J p;:: Date '6/17/518 Date KELLY SYSTEMS, INC, 1213 C PAXTON CHURCH.ROAD HARRISBURG, PA. 17110 Input Date: Acct. # 09250-6 Job # 448 ::~::: :t~~~ Approved by Approved Date $ ~, . :UBCONTRACTOR lHANGE )RDER Distribution to: OWNER ARCHITECT CONTRACTOR :2" FIELD I OTHER ~.~ :1~ """"""", Requested by: OWNER X ARCHITECT CONTRACTOR CITY/STATE OTHER . ?ROJECT: JUTLOOK POINTE M' CREEKVIEW BALANCED CARE CORPORATION 5021 LOUISE DRIVE, SUITE 200 MECHANICSBURG, PA. 17055 ro (Subcontractor): KELLY SYSTEMS, INC. 1213 C PAXTON CHURCH ROAD HARRISBURG, PA. 17110 . ~--", ~' :;:::>r;::::'~i1ftm:$f\ \ ;~h \:;;;',j, " . .. \ e~''''''''' , . r JUN 1 8 1998 _ \ I eel CO\~ C~_..l~lf I .....-"^..--'~'- SUBCONTRACTOR CHANGE ORDER NUMBER: 2 INITIATION DATE: GS/P/,:itJ G/11/96 CONTRACTOR'S PROJECT NO: 448 CONTRACT FOR: FRAMING/INSU./WALLBOARD CONTRACT DATE: 11/05/97 CCI llEFERENCE NO: 36 You are directed to make the following changes in this Contract: This change order represents the full satisfaction and accord of this subcontractor that payment is for all work associated with furnishing and installing. additional gypsum board and metal furring for stair towers ST3 & ST4. TOTAL ADD THIS CHANGE,......,................................,.... $640.00 CC#16, COTS#54, OCO#5 '. Not valid until signed by bath the ,Subcontractor and GeneraL Contractor Signature of the Contractor indicates his agreement herewith, including any adjustment in the Contract Sum or Contract Time. H The original (contract sum) was.............................................,................. $482000.00 Net change by previously authorized Change Ord.rs,..,.",...""",.,..""."..,..".",.".. $4700.00 The (Contract Sum) prior to this Ch.nge Order w.s..".""..."'......,."""'..,.,."'..".. 5486700.00 The (Contract sum) will be (fncre.sed) , by this Change Order.... '...., ........" ...'......' ...'", ..., ..... ....'", '.'"" '.., ....., $640.00 The new (Contr.ct Sum) including this Change order will be"..,..,.".,..,.,...,.,'~.."....,' $487340.00 Th. Contract Time will be (unch.nged) by The O.te of SUbst.nti.l Completion as of the d.te of this Ch.nge Order therefore is"..",....., ( 0) OAYS KEllY SYSTEMS, INC. 1213 C PAXTON CHURCH ROAD HARRrSBURG, PA. 17110 CCI CONSTRUCTION COMPANY, INC. p,O. BOX .1129 203 lYNNOALE COURT MECHAiHCSBURG, PA'. 17055.1129 By ~~ ~ Pete an ~n, V p. SAles O.te ./17/98 .~ o.t~ - Input Date: Acct, # 09250-6 Job # 448 Approved by V~ Approved Oate fo lilt; Approved by ~/ Approved Oate -u-/Iqh .". ". '----, ---'---'-'~:_' . ,- '-'-.'''.-"-' ._~,,-"-'.._,--_.--',-_..__. - . .....-- . l' . SUBCONTRACTOR CHANGE ORDER Distribution to: OWNER ARCHITECT CONTRACTOR ~ FIELD 1: OTHER 0" - - ,".'-" Requested by: OWNER ARCHITECT CONTRACTOR X CITY/STATE OTHER , PROJECT: OUTLOOK POINTE AT CREEKVIEW BALANCED CARE CORPORATION 5021 LOUISE DRIVE, SUITE 200 MECHANICSBURG, PA. 1705S TO (Subcontractor): KELLY SYSTEMS, INC. 1213 C PAXTON CHURCH ROAD HARRISBURG, PA. 17110 ~-m':~;';;-fE"I~'';:''1Ii ii~if{ It. ~"i! ~~ ;::;J~ '..-/....," 1\ ,. b> t$~- ,~- ..' 'i' ~ JUN 1 8 199B J \ tel CO\\l'31. C~::.!.~E: ~- SUBCONTRACTOR CHANGE ORDER NUMBER: 3 INITIATION DATE: Oii;?1~~p& CONTRACTOR'S PROJECT NO: 448 CONTRACT FOR: FRAMING/INSU./WALLBOARD CONTRACT DATE: 11/05/97 CCI REFERENCE NO: 42 You are directed to make the following changes in this Contract: Deduct to change fire rated walls to not extend above ceiling. TOTAL DEDUCT THIS CHANGE.......................,........,..... .$(3r275.00) COTS#S7 Not valid until signed by both th'e .Subcontractor and General Contractor Signat~re of the Contractor indicates his agreement herewith, including any adjustment in the Contract Sum or Contract Time. H The original (Contract Sum) wase..._.. ..... .....~...... ~~... ...-.. ................... .~....~ .... $482000.00 Net ch.nae by previously .uthorized Chanae Order.,..,.",.",..",..,...."",.".""...,.... $5340.00 The (Contr.ct Sum, prior to this Ch.nge Order w.s."'.,......,.."..,...,...""'.,...,....... $487340.00 The (Contract Sum' will be (decreas.d) by this Ch.ng. Ord.r.....,.,., .....,..,........,....."".."......, .... ....... .......,..... $-3275.00 Th. new (Contr.ct Sum' including this Ch.ng. ord.r will b.",."....",......,....,.".".,... $484065,00 Th. Contr.ct Time will be (unch.nged) by Th. O.te of Subst.ntial Completion .s of the date of this Ch.nge Ord.r th.r.fore is............. ( 0) DAYS KELLY SYSTEMS, INC. 1213 C PAXTON CHURCH ROAD HARRISBURG, PA. 17110 CCI CONSTRUCTION COMPANY, INC. P.O. BOX 1129 203 LYNNOALE COURT MECHANICSBURG, PA- 17055-1129 ~ o.te- ,.' /. Byl~ J-1~ . e e n,an, VII! Sales O.te h/17/qR "."s,',C".>_"" Input Date: Acct. # 09250-6 Job # Approved Date Approved by Approved O.te , ~. - 'w -, -- " - SUBCONTRACTOR CHANGE ORDER Distribution to: OWNER ARCHITECT CONTRACTOR ~ FIELD I OTHER Requested by: OWNER ARCHITECT CONTRACTOR X CITY/STATE OTHER riu~;!~~r,2~n~ ~~ -'\11 lf1- ... \ "~ JUN 18 1998 .\ eel COil\~.n~::~~C, -.,..--- SUBCONTRACTOR CHANGE ORDER NUMBER: 4 INITIATION DATE: o~;t}.{~~ PROJECT: OUTLOOK POINTE AT CREEKVIEW BALANCED CARE CORPORATION 5021 LOUISE DRIVE, SUITE 200 MECHANICSBURG, PA. 17055 TO (Subcontractor): KELLY SYSTEMS, INC. 1213 C PAXTON CHURCH ROAD HARRISBURG, PA. 17110 CONTRACTOR'S PROJECT NO: 448 CONTRACT FOR: FRAMING/INSU./WALLBOARD CONTRACT DATE: 11/05/97 CCI REFERENCE NO: 43 You are directed to make the following changes in this Contract: This change order represents the full satisfaction and accord of this subcontractor that payment is for all work associated with finishing drywall above all showers and deleting metal studs & drywall bulkhead at showers. NET ADD THIS CHANGE............................................ $2,053.00 COTS#58 \'. Not valid until signed by both the ,Subcontractor and General Contractor Signature of the Contrtlctor indicates his agreement herewith, including any adjustment in the Contract Sum or Contract Time.. H The original (Contract Sum) was.... .............................. .......... ........ ................. .......... .~........ $482000.00 Net change by previously authorized Change Orders................................................ $2065.00 The (Contract Sum) prior to this Change Order wes""...,.."."."...,....".,.,....,..,...,. $484065.00 The (Contract Sum) will be (increased) by this Change Order, ............, ,., ....,.. ............"..... ..,...., ,..........,..... .... $2053.00 The new (Contract Sum) including this Change Order will be,....,"....,.."..".."'...,.,.... $486118.00 The Contract Time wHl be (unchanged) by The Oate of Substantial Completion as of the date of this Change Order therefore is"........... ( 0) DAYS' Input Date: KELLY SYSTEMS, INC, 1213 C PAXTON CHURCH ROAD HARRIS9URG, PA, 17110 CCI CONSTRUCTION COMPANY, INC. P.O. BOX 1129 203 LYNNDALE COURT MECHAN1CS8URG, PA. 17055-1129 Acct. # 09250-6 Job # 448 By =e.eh) <<~ ete Hanl~n, V P Sales Date ~/17/~e Approved by J::>."",.~_ Approved Oate t; /1'2.. / ~ ",/~ ;"jl.('?( Approved by Approved Date ~,~-"'.,,-,-,, -,.,.,. ,- ....,..<~,~. ,T.".~i'"~:l'!':;~~::'!'t~ffl,~~"t.....,.:.~_..._t;;~=L;,,d~;,.h..;.~'_~--;;:*'~-::,--:z;;-,.,.<'.'::;--'-,.,.,..' '-- '-',-: ".-: ,. - j.'''''!'/.'''<><'\lb. :> . . SU~RAC'l'OR CHAlfGE ORDER Distribution to: OWNER ARCHITECT CONTRACTOR '2' FIELD l' OTHER "'0. ""~~ Requested by: OWNER ! ARCHITECT CONTRACTOR CITY/STATE OTHER PROJECT: OUTLOOK POIN'rE AT CREEKVIEW BALANCED CARE CORPORATION 5021 LOUISE DRIVE, SUITE 200 MECHAIUCSBURQ, PA. 17055 TO (Subcontractor): KELLY SYSTEMS, INC. 1213 C PAXTON CHURCH ROAD HARRISBURG, PA. 17110 ~"~',",,-rc'':''i''--:::':,\:7-~? 0~I' _';':i t :;~'l'"".~;' _--<.\ h I -.::;;, ~ ~'. -.. ,'1'_"~ '! H A~~ ; 1 19;~ J I I eCI comsr. CO ' !~!r ,__.............,_~M_.._, SUBCONTRACTOR CHANGE ORDER NUMBER: 5 INITIATION DATE: 07/23/98 CONTRACTOR'S PROJECT NO: 448 CONTRACT FOR: FRAMING/INSU./WALLBOARO CONTRACT DATE: 11/05/97 CCI REFERENCE NO: 50 You are directed'to make the following changes in this Contract: This change order represents the full satisfaction and accord of this subcontractor that payment is for all work associated with furnishing installing 4'x8' Kemlite FRP panels in Oishwash Rm. 140. TOTAL ADO THts CHANGE........................................... .$1,145.00 COTS#7, CC#15, OCO#8 and Not valid until signed by both the Subcontractor and General Contractor Signature of the Contractor indicates his agreement herewith, including any adjustment in the Contract Sum or Contract Time. H The origin.l (Contr.ct S\JlI) w.s.....................,........,................................ $482000,00 Net ch.nge by previously .uthorized Ch.nge Orders.,.",..",..,.".,.....",....,.",......... $4118,00 The (Contr.ct S\JlI) prior to this Ch.nge Order w.s.,.."..,."".,......",..,.,.,.".......... $486118.00 The (Contr.ct Sum) will be (incre.sed) by this Change Order.......,..... .........".,...................,........."....,... ....... $1145,00 The new (Contract Sum) including this Ch.nge Order will be."......,...,.".".,.....,.,...... $487263,00 The Contr.ct Time will be (unch.nged) by The O.te of Subst~nti.l Completion .s of the d.te of this Ch.nge Order therefore is,.....,..".. ( 0) DAYS KELLY SYSTEMS, INC. 1213 C PAXTON CHURCH ROAD HARRISBURG, PA. 17110 CCI CONSTRUCTION COMPANY, INC. P,O. BOX 1129 203 LYNNDALE COURT MECHANICSBU G, PA 17055.1129 8Y-=~ Pet~ Hanlin, viP Sales Date 8/1-6/38 - ,/ , , Input D.te: Acct. # 09250-6 Job # 448 Approved by Approved D.te Jllil,(,jj ,< 'SUBCONTRACTOR CkANGE ORDER Im~~l~;;im~m~ ~~ OCT 1 5 1998 stribution to: R HITECT TRACTOR '2" FI LD l' OT ER Requested by: OWNER ARCHITECT CONTRACTOR CITY/STATE OTHER x SUBCONTRACTOR CHANGE ORDER NUMBER: 6 INITIATION DATE: 10/01/98 PROJECT: OUTLOOK POINTE AT CREEKVIEW BALANCED CARE CORPORATION 5021 LOUISE DRIVE, SUITE 200 MECHANICSBURG, PA. 17055 TO (Subcontractor): KELLY SYSTEMS, INC. 1213 C PAXTON CHURCH ROAD HARRIS8URG, PA. 17110 CONTRACTOR'S PROJECT NO: 448 CONTRACT FOR: FRAMING/INSU./WALLBOARD CONTRACT DATE: 11/05/97 CCI REFERENCE NO: 77 You are directed to make the following changes in this Contract: This change order represents the full satisfaction and accord of this subcontractor that payment is for all work associated with installing and finish access doors. Kelly Systems J.W.O.'s 10278, 10295, 12011, 10318, and 10319. TOTAL ADD THIS CHANGE..........,......, .......,.... ............ ,$1,614.82 COTS#80 Not valid until signed by both the Subcontractor and General Contractor Signature of the Contractor indicates his agreement herewith, including any adjustment in the Contract Sum or Contract Time. H The original (Contract Sum) was..., ...... ,............. ,... ,.... ............. ...... ........... $482000.00 Net change by previously authorized Change Orders............................................. $5263.00 The (Contract Sum) prior to this Change Order was",."""",.,..,.""",.",."....",..", $487263.00 The (Contract Sum) will ba (increased) by this Change Order.......,..,.................. ..... ,...... ..., ..................,........ $1614.82 The new (Contract Sum) including this Change Order will be.................................... $488877.82 The Contract Time will be (unchanged) by The Date of Substantial Completion as of the date of this Change Order therefore is.."",."". ( 0) OAYS Input Date: Acct, # 09250-6 By f!fv JJ~ Pete Han in, vIP Sale$ ln/l?/QR , . CCI CONSTRUCTION COMPANY, INC. P.O. BOX 1129 203 L YNNOALE COURT ~ i1. ~ MECHANICS8URG, PA 17055-1129 Approved by " ~~~,... 0,., ~ Approved by Date ?11 ~/ Approved Date Job # 448 KELLY SYSTEMS, INC. 1213 C PAXTON CHURCH ROAD HARRISBURG, PA, 17110 /~r-z.. 'i Date - - ',- ,~ - , ~UBCONTRACTOR CHANGE ORDER rm~lS~n{l~~~ ~~ OCT 1 5 1998 ~ Distribution to: OWNER CHITECT ONTRACTOR 2" IELD l' THER Requested by: OWNER ARCHITECT CONTRACTOR CITY/STATE OTHER x SUBCONTRACTOR CHANGE ORDER NUMBER: 7 INITIATION DATE: 10/01/98 PROJECT: OUTLOOK POINTE AT CREEKVIEW BALANCED CARE CORPORATION 5021 LOUISE DRIVE, SUITE 200 MECHANICSBURG, PA. 17055 TO (Subcontractor): KELLY SYSTEMS, INC. 1213 C PAXTON CHURCH ROAD HARRISBURG, PA. 17110 CONTRACTOR'S PROJECT NO: 448 CONTRACT FOR: FRAMING / INSU ./WALLBOARD CONTRACT DATE: 11/05/97 CCI REFERENCE NO: 78 You are directed to make the following changes in this Contract: This change order represents the full satisfaction and accord of this subcontractor that payment is for all work associated with boxing columns, PVC pipes, and adding chase walls. Kelly Systems J.W.O.'s 10302, 10304, 10321, 10322, and 10313. TOTAL ADD THIS CHANGE"..............."..............,.......... $1, 237 .29 COTS#81 Not vaLid until signed by both the Subcontractor and General Contractor Signature of the contractor indicates his agreement herewith, including any adjustment in the Contract Sum or Contract Time. H The original (Contract SLilI) was...................,.......,....................,......,....... $482000.00 Net change by previously authorized Change Orders.""",."",.,.""...,."...""""""" $6877,82 The (Contract Sum) prior to this Change Order was"..""""""",.""..,."..."",."",. $488877,82 The (Contract SLilI) will be (increased) by this Change Order......... ,...........,..................."..... ,............. ,......... $1237.29 The new (Contract Sum) Including this Change Order wilL be,................................... $490115,11 The Contract Time will be (unchanged) by The Date of Substantial Completion as of the date of this Change Order therefore Is"""""." ( 0) DAYS Input Date: Acct. # 09250-6 KELLY SYSTEMS, INC, 1213 C PAXTON CHURCH ROAD HARRISBURG, PA, 17110 CCI CONSTRUCTION COMPANY, INC, P.O. BOX 1129 203 LYNNOALE COURT MECHANICSBURG, PA 17055.1129 Job # 448 Approved by D?r. 'If: Approved Date Jojil:!-- Approved by _ /"/~ 4' ei' ~~ Date ,.." - ~/ Approved Date By t:W I'tJ~ Pete Hanlin, ViP Sales Date lO/l?/ga - ~~ ..... ~ """, ~, "' '-,_.......,""'>:, .* . SUBCONTRACTOR ORDER o ~{(:~n@~ OCll 5 1998 Distribution to: Requested by: ARCHITECT CONTRACTOR X CITY/STATE OTHER O..INC, ARCHITECT CONTRACTOR '2' FIELD 1: OTHER PROJECT: OUTLOOK POINTE AT CREEKVIEW BALANCED CARE CORPORATION 5021 LOUISE DRIVE, SUITE 200 MECHANICSBURG, PA. 17055 TO (Subcontractor): KELLY SYSTEMS, INC. 1213 C PAXTON CHURCH ROAP HARRISBURG, PA. 17110 SUBCONTRACTOR CHANGE ORDE)R NUMBER: 8 INITIATION DATE: 10/01/98 CONTRACTOR'S PROJECT NO: 448 CONTRACT FOR: FRAMING/INSU./WALLBOARD CONTRACT DATE: 11/05/97 CCI REFERENCE NO: 79 You are directed to make the following changes in this Contract: This change order represents the ful1 satisfaction and accord of this subcontractor that payment is for all work associated with raising the header framing members of exterior doors. Kelly Systems J.W.O.'s 10299 and 10300. TOTAL APD THIS CHANGE..............,.....................,....... $515,59 COTS#82 Not valid until signed by both the Subcontractor and General Contractor Signature of the Contractor indicates his agreement herewith, including any adjustment in the Contract Sum or Contract Time. H The original (Contract Sum) was.."..,..,.................................,..............,.... $482000.00 Net change by previously authorized Change Orders.."..",.""...,.,.",..",."",.,.,.."" $8115,11 The. (Contract Sum) prior to this Change Order was......,...,............,..................... $490115,11 The (Contract Sum) will be (increased) by this Change Order".................. ..., .......,.... ............................. ,...,.. $515.59 The new (Contract Sum) including this Change Order will be"..""..,.,.",...,.,.""..""" $490630,70 The Contract Time will be (unchangod) by The Date of Substantial Completion as of the date of this Change Order therefore is"",.."",. ( 0) DAYS Input Date: Acct, # 09250-6 KELLY SYSTEMS, INC. 1213 C PAXTON CHURCH ROAD HARRISBURG, PA, 17110 CCI CONSTRUCTION COMPANY, INC, P,O, BOX 1129 203 LYNNDALE COURT MECHANICSBURG, PA 17055-1129 Job # 448 Approved by011. ~ Approved Date ~ Approved by Approved Oate - /,/"Z./.,f{' ~' / By :60 II.~, Pete Haqli?, ViP Sales Date 10(12 ~8 BY~~ Date -- r~;/yr - ~~ ~ "'J) .' SUBCONTRACTOR -e-m\NGE- ORDER o ~~~urw OCT 1 5 199 ribution to: '2' T Requested by: g~lNER ARCHITECT CONTRACTOR X CITY/STATE OTHER PROJECT: OUTLOOK POINTE AT CREEKVIEW BALANCED CARE CORPORATION 5021 LOUISE DRIVE, SUITE 200 MECHANICSBURG, PA. 17055 TO (Subcontractor): KELLY SYSTEMS, INC. 1213 C PAXTON CHURCH ROAD HARRISBURG, PA. 17110 SUBCONTRACTOR CHANGE ORDER NUMBER, 9 INITIATION DATE' 10/01/98 CONTRACTOR'S PROJECT NO: 448 CONTRACT FOR: FRAMING/INSU./WALLBOARD CONTRACT DATE: 11/05/97 CCI REFERENCE NO: 80 You are directed to make the following changes in this Contract: This change order represents the full satisfaction and accord of this subcontractor that payment is for all work associated with additional X-bracing required on the second floor per WBCM. TOTAL ADD THIS CHANGE......................................... $793.03 COTS#83 Not valid until signed by both the Subcontractor and GeneraL Contractor Signature of the Contractor indicates his agreement herewith,including any adjustment in the Contract Sum or Contract Time. H The original (Contract sum) was.............~. ...... ........ .... ....... _................ .......... $482000.00 N.t chang. by pr.viously authorized Chang. Ord.rs",.,.",.,..".""""..,.".,...,.,.."", $8630,70 The (Contract Sum) prior to this Change Order was............................................... $490630.70 The (Contract Sum) will be (increased) by this Chang. Ord.r....... ..... ................"............ ........... ..............,..., $793.03 Th. n.w (Contract sum) including this Chang. Ord.r will b................................,..., $491423.73 Th. Contract Time will b. (unchang.d) by The Date of Substantial Completion as of the date of this Change Order therefore is............. ( 0) DAYS Input Oat.: Acct, # 09250-6 Job # 448 Approv.d by 'i::> ~ ~ Approv.d Oat. I ~ II /78 Approv.d by ~a- Approv.d Oat. /d'd'?~ KELLY SYSTEMS, INC, 1213 C PAXTON CHURCH ROAD HARRISBURG, PA, 17110 CCI CONSTRUCTION COMPANY, INC, P.O. BOX 1129 203 LYNNDALE COURT MECHANICSBURG, PA 17055-1129 By e f-- J I-L.J~ Pete Hanlin, V!P Sales Oat. ln/l?/qR ~~ Oat. ~ ~r ,_~o ~" L",,~ ,---. " ~~OOM~\f\Y ~ ~ OCT 1 5 199B J CICONST.CO., INC. SUBCONTRACTOR CHANGE ORDER Distribution to: OWNER ARCHITECT CONTRACTOR ~ FIELD 1: OTHER Requested by: OWNER ARCHITECT CONTRACTOR X CITY/STATE OTHER PROJECT: OUTLOOK POINTE AT CREEKVIEW BALANCED CARE CORPORATION 5021 LOUISE DRIVE, SUITE 200 MECHANICSBURG, PA. 17055 TO (Subcontractor): KELLY SYSTEMS, INC. 1213 C PAXTON CHURCH ROAD HARRISBURG, PA. 17110 SUBCONTRACTOR CHANGE ORDER NUMBER: 10 INITIATION DATE: 10/01/98 CONTRACTOR'S PROJECT NO: 448 CONTRACT FOR: FRAMING/INSU./WALLBOARD CONTRACT DATE: 11/05/97 CCI REFERENCE NO: 81 You are directed to make the following changes in this 'Contract: This change order represents the ful1 satisfaction and accord of this subcontractor that payment is for a11 work associated with overtime hours per agreement rate for Kelly Systems J.W.O,'s 10280 thru 10286. TOTAL ADD THIS CHANGE.,....,........,.......................... $1,414,00 COTS#84 Not valid until signed by both the Subcontractor and General Contractor Signature of the Contractor indicates his agreement herewith, including any adjustment in the Contract Sum or Contract Time. H The originel (Contract sum) was.............,.................................. ............... $482000,00 Net change by previously authorized Change Orders,.,.""..,.."".,...",.."",..".".."" $9423,73 The (Contract Sum) prior to this Change Order was""""...".,.",."."...,."....."".." $491423,73 The (Contract Sum) will be (increased) by this Change Order................. ........ ....,..............,...........,.............", $1414,00 The new (Contract Sum) including this Change Order will be.................................... $492837,73 The Contract Time will be (unchanged) by The Date of Substantial Completion as of the date of this Change Order therefore is.".""..", ( 0) DAYS Input Date: KELLY SYSTEMS, INC. 1213 C PAXTON CHURCH ROAD HARRISBURG, PA, 17110 CCI CONSTRUCTION COMPANY, INC, P,O. BOX 1129 203 LYNNDALE COURT MECHANICSBURG, PA 17055-1129 Acct, # 09250-6 Job # 44B Approved bY~ ~ ff Approved Date Ib Ir 1'/r5 Approved by ~ Approved Date I~~~I'~~ By :I~) I-/.~ Pete Hanlin, ViP Bales Date 10/12/9R By ~f,t:i? D~ 'A rJ-~Y -. ~ I, c, ~~'" ItUBcdNTRACTOR CHANGE ORDER Im~~~n@\j"" ~ll OC~ -~ 5 1998 ] CCI CO\\lST. CO., I Distribution to: OWNER ARCHITECT CONTRACTOR ~ FIELD ! OTHER Requested by: OWNER ARCHITECT CONTRACTOR CITY/STATE OTHER x PROJECT: OUTLOOK POINTE AT CREEKVIEW BALANCED CARE CORPORATION 5021 LOUISE DRIVE, SUITE 200 HECHANICSBURG, PA. 17055 SUBCONTRACTOR CHANGE ORDER NUMBER: 11 INITIATION DATE: 10/06/98 TO (Subcontractor): KELLY SYSTEMS, INC. 1213 C PAXTON CHURCH ROAD HARRISBURG, PA. 17110 CONTRACTOR'S PROJECT NO: 448 CONTRACT FOR: FRAMING/INSU./WALLBOARD CONTRACT DATE: 11/05/97 CCI REFERENCE NO: 87 You are directed to make the following changes in this Contract: Deduct in contract sum for installation of steel angles to all stairs for gypsum board installation. Work performed by Shetron Welding. TOTAL DEDUCT THIS CHANGE..................................... .$(515.00) COTS#88 Not valid until signed by both the Subcontractor and General Contractor Signature of the Contractor indicates his agreement herewith, including any adjustment in the Contract Sum or Contract Time. H The original (Contract Sum) was........................................................,...... $482000.00 Net change by previously authorized Change Orders."".",.,...".,.."""".""."""...., $10837,73 The (Contract Sum) prior to this Change Order was..,..,...,...,...,.,........",.",..""..,. $492837.73 The (Contract Sum) will be (decreased) by this Change Order................ ........................... .............. ............... $-515,00 The new (Contract Sum) inclUding this Change Order will be"""....".....,.,...",.""..... $492322.73 The Contract Time will be (unchanged) by The Date of Substantial Completion as of the date of this Change Order therefore is",..."."., ( 0) OAYS Input Date: Acct, # 09250-6 KELLY SYSTEMS, INC, 1213 C PAXTON CHURCH ROAD HARRISBURG, PA, 17110 CCI CONSTRUCTION COMPANY, INC, P.O. BOX 1129 203 LYNNDALE COURT MECHANICSBURG, PA 17055-1129 Job # 44B By ~_OH~ Pete Hanlin, ViP Sales Date 10/12/98 By' Approved by ~?l~ Approved Date to '2!> Approved by Approved Date ,... '/ SUBCONTRACTOR CllANGE O~DER Distribution to. OWNER ARCHITECT CONTRACTOR ~ FIELD 'I OTHER I, Ej Requested by: OWNER ARCHITECT CONTRACTOR X CITY/STATE OTHER PROJECT. OUTLOOK POINTE AT CREEKVIEW BALANCED CARE CORPORATION 5021 LOUISE DRIVE, SUITE 200 MECHANICSBURG, PA. 17055 TO (Subcontractor): KELLY SYSTEMS,. INC. 1213 C PAXTON CHURCH ROAD HARRISBURG, PA. 1711'0 ~~~~~::j i em CONST. CO. INC, I SUBCONTRACTOR CHANGE ORDER NUMBER. 12 INITIATION DATE. 10/12/98 CONTRACTOR'S PROJECT NO: 448 CONTRACT FOR: FRAMING/INSU./WALLBOARD CONTRACT DATE: 11/05/97 CCI REFERENCE NO: 90 You are directed to make the following .changes in this Contract: This change order represents the full satisfaction and accord of this subcontractor that payment is for all work associated with boxing column in Room 507. Kelly JWO #10292. TOTAL ADD THIS CHANGE.................. _ . . . . .. . . . . . . .. _ . . . .. . . . . $63.80 COTS#90 . . , Not valid until. signed by both the Subcontractor and General Contractor S'ignature of the Contractor indicates his agreement herewith,includi'ng; any adjustment in the Contract Sun or Contract Time,. H Thli: original (Contract $l.6R) was.......................................................................................................................... Net change by previously authorized Change Orders............................................... The (Contract Sum) prior to this Change Order was~..........................._......_......... Input Date: $482000.00 $10322.73 I $492322.73 I ~ i $63.80 I I $492386.53 , i I ( 0) DAYS I I I , i I , I I The (Contract Sum) will be (increased) by this Change Order,...",."......"..."..., ..........,..,....',..."..... .....,....,..... The.new (Contract Sum) including this Change Order will be.................................... The Contract Time will be (unchanged) by The Oate'of Sub~tantia( Comp(etion as of the date of this Change Order therefore is............. KELLY SYSTEKS, INC. .1213 C PAXTON CHURCH ROAD HARRISBURG, PA. 17110 CCI CONSTRUCTION COMPANY, INC, P.O. BOX 1129 203 LYNNOALE COURT MECHANICSBURG,PA 17055-1129 ~~& ate, /~ 'd- Bym J-/~ Pe e Hanlin, ViP Sales Date 19/29/98 Acct. # 09250-6 Job # 448 Approved Date Approved by Approved Date " -,- ~ OM:, / SO'BCONTRACTOR CHANGE ORDER . Distribution to: OWNER ARCHITECT CONTRACTOR '2" FIELD 'I OTHER Requested by: OWNER ARCHITECT CONTRACTOR X CITY/STATE OTHER PROJECT: OUTLOOK POINTE AT CREEKVIEW BALANCED CARE CORPORATION 5021 LOUISE DRIVE, SUITE 20 MECHANICSBURG, FA. 17055 TO (Subcontractor): KELLY SYSTEMS, INC. 1213 C PAXTON CHURCH ROAD HARRISBURG, PA. 17110 1m~rr;~ntW~1f\\ ~~ OCT 2 1 1998 ] SUBCONTRACTOR CHANGE ORDER NUMBER: 13 INITIATION DATE: 10/12/98 CCI COtS 00 laiC CONTRACTOR'S PROJECT NO: 448 CONTRACT FOR: FRAMING/INSU./WALLBOARD CONTRACT DATE: 11/05/97 CCI REFERENCE NO: 91 You are directed to make the followi,ng change-t: in this Cr:.ntract,: This change order represents the ful1 satisfaction and accord, of this subcontractor that, payment is for all work associated with installing and finishing access doors in Neighborhoods E & D. Kel1y JWO's 12084, 12085, 12086, and 10293. TOTAL ADD THIS CHANGE..................,..,..................... $675 .13 COTS#91 Not valid until signed by both the Subcontractor and General Contractor Signature of the Contractor indicates his agreement herewith,including any adjustment in the Contract Sum or Contract Time. H The original (Contraot Sum) was................ .....,........, .........,................... ... $482000.00 Nat change by previously authorized Change Orders".."""."..""".",.,.".".,.,...",., $10386.53 The (Contract Sum) prior to this Change Order was".",.,..,..".,.".""",..........",.... $492386,53 The (Contract Sum) will be (increased) by this Change Order.............................,..............,........................... $675.13 The new (contract Sum) including this Change Order will be......,............................. $493061.66 The Contract Time will be (unchanged) by ,The Data of Substantial Completion as of the date of this Change Order therefore is..".".,.... ( 0) DAYS Input Date: Acct, # 09250-6 KELLY SYSTEMS, INC, 1213 C PAXTON CHURCH ROAD HARRISBURG, PA. 17110 CCI CONSTRUCTION COMPANY, INC, P.O. BOX 1129 203 LYNNDALE COURT MECHANICSBURG, PA 17055-1129 B~~P Oate , 'A;;/~;; r Job # 448 BYp~ll~es Date 1n/?n/QR Approved by '\':/. 17, #: Approved Date 10 /,z. /~ ...t.M- Approved Oate Il1rI4'.J'i~ Approved by , - .i .~ , / SUBCONTRACTOR CJl1UIGE ORDER Distribution to: OWNER ARCHITECT CONTRACTOR :2' FIELD 'I OTHER '"" ~ lj;i Requested by: OWNER ARCHITECT CONTRACTOR X CITY/STATE OTHER PROJECT, OUTLOOK POINTE. AT CREEKVIEW IlALANCEDCARE CORPORATION 5021 LOUISE DRIVE, SUITE 200 MECHANICSBURG, PA. 17055 TO (Subcontractor): l:<ELLY SYSTEMS, INC. 1213 C PAXTON CHURCH ROAD HARRISBURG, ,PA. 17110 ~~~;;(~;:f1\ 001 CONST CO I/llC I SUBCONTRACTOR CHANGE ORDER NUMBER: 14 INITIATION DATE' 10/12/98 CONTRACTOR'S PROJECT NO, 448 CONTRACT FOR: FRAMING/INSU./WALLBOARD CONTRACT DATE: 11/05/97 CCI REFERENCE NO, 92 You are directed to make the following changes in this Contract: This change order represents the ful1 satisfaction and accord of this subcontractor that payment is for all work associated with premium time from 8/31/98 thru 974798. Kelly JWO's 10287, 10288, 10289, 10290, and 10291- TOTAL ADD 'THIS CHANGE....................................,........ $914.50 COTS#92 / f '.. Not valid until signed by both the Subcont~actor and General Contractor Signature of ,the Contractor indicates his agreement herewith, including any adjustment in the Contract Sum or Contract lime. H The original (Contract SUn) was...,...,..,......,.........,.............,.,..,..............., $482000.00 Net change by previously authorized Change Order."..."",.."..",.",.""",.,...".,..... $11061,66 The IContract Sum) prior to this Change Order was"....,.,....,.",...,..";",,.,............ $493061,66 The (Contract Sum) will be (increased) by this Change Order....,.. ,.....,..........' ............................,.......,.,.. ...... $914.50 The new (Contract sUn) includingthi.Change Order will be.................................... $493976.16 The Contract Time will be (unchanged) by The Date of Substantial Completion as of the date of this Change Order therefore is,.......,.... ( 0) DAYS KELLY SYSTEMS, INC. 1213 C PAXTON CHURCH ROAD HARRISBURG, PA. ,17110 ceI CONSTRUCTION COMPANY, INC. P.O. Bo)(l129 203 LYNNDALE COURT MECHANICSBURG,PA 17055-1129 BY~~~ Pe e anl~, V /P Sales Date . 19/29/98 ~-~ Date ;: tl ~ ~f Input Date: Acct. # Q9250-6 Job # 448 Approved Date Approved by Approved Date >"itr """. SUBCO'NTP.1\.CTOll. CHANGE ORDER Distribu:t,;L,,"H''J. to: OWNER ARCHITECT CONTRACTOR 1 FIELD T OT.llER 1h~1ques:t.ed by: OWNER ! ARCHITECT CON'J'RACTOR cr'!'Y I STATE Q'rBER .,.....--,'.. SUBCONTRACTOR CHANGE ORDER Nu~rnER: 15 INITIATION DATE: 11/10/98 PRo,mCT: ~ ('.<' 'I' '. i(' ~Ii ~ ~ :" ..-' ~ " ~ ",hI II ~ ",,' I ~ .\1111 DEe - 4 1598 i; J~ - \ tfl1, t'-'l~' "~( (. ., .'",1::1 C",c.."..d . ,1(; I I ,...,~,,~__~"'"~ CONTRAC1'OR'S PROJECT NO: 448 CON'TRACT FOR: FRlIMHlG/INSU ./~IALLBOARD OUTLOOK POINTE AT CREEKV!EW BALANCED CARE CORPORATION 5021 LOUISE DR!VE, SUITE 200 MEOHANICSBURG, PA, 17055 TO (S-ubcontractor) g KELI.Y SYS'l'EMS, INC. 121.3 C PAX~'ON ('.aUROIl ROAD HARRISBURG, PA, 17110 CON'l'RACT OATl!,:, 11/05/97 CCI REFERENCE NO' 106 You are directed to make the following changes in this Contract: This change ordl~r repJ~t)s~~nts the full satisfaction and accord of this subcontractor that pa~"ment is for all \~ork assooiated with adding Business Rooms 102A & 102B. ','!:O'1.'AL ADD THIS CHANGE.................. ~ a " . . . . . . . . . . a . . . . . . . . . $2,939.. 95 COTS#9S, CC#24, OCO#11 i N~:t valid Uflt~t s'igr,ed by bath the Subcclntractor end General CClntl"'m:tol" Signature of the C,)ntractt)f' in-dicatt's his agreemr~lt herewith. 'including any adjustroont In H The originat (CGntrllct Sum) was..........."~... ~. ................ ............ .....". ~... .......:':::,.,' 1\et change by previcust'r' authol'ized Change Orders..........". u.... eo ......UUD... ~........ .:~E"-;- The (COtitrac,t s~.m) prior to thit{ Change Order was........... D.......... uUOO'. u.. ..u n ~..~.:~:I. The (Contract Sum} wilt be (increas~d) by this CI"HJnge order.................... 0.0.00............................. ....... ~~ ,~'::-: the new (Contract Sum} including this Change Order wHl b~....u....~nd",,,u~"~"-':.:~::f::' The Contract Time will be (unchanged) by Thl.'!' Date o.f Substanti.al Completion as of the date of this Change Ol'der KELLY SYSTEMSJ IMe. 121.> C PAXmU CHURCH ROAn HARRISBURG, PA. 11110 CCi CDNS1RUctl0M COMPA~Yf iNC. P,O, BOX 1129"" 203 LYNNDALE DOUR. ;:~=~J DO:. i?2i'z --- ~y frfi:J3f;.::E:>= Pete Hanlin 1 V!P SA1\~s Date 12/:/:10 /" SUBCONTRACTOR CHANGE OlDER Distribution .oWNER ARCHITECT C.oNTRACT.oR FIELD .oTHER PR.oJECT: .oUTLOOK P.oINTE AT CREEKVIEW BALANCED CARE CORP.oRATION 5.021 L.oUISE DRIVE, SUITE 2.0.0 MECHANICSBURG, PA. 17.055 TO (Subcontractor): KELLY SYSTEMS, INC. 1213 C PAXT.oN CHURCH R.oAD HARRISBURG, PA. 1711.0 :: ,:--' -:~~;'.~l'(:>;-~t;"z~T~~ ~ ~\:~r'~~~'~'~\'l~\;;''J \ ,'F.\,-<'-I)n f f'1'l.~'~~'jf" f":!'\ ~",~n, 1.ojJ.J~ "i,,, I}i l, '; ~. 1\... ,J I' , . ---" .......~"' ,...--~--- ~~ APPVD BY DATE 1>108# KELLYSYST_ERDLcd by: ARCHITECT DEe 2 419~~~;i~~ .oTHER RECli:IVii9 2" ! x ACCt~~:T~;~R~U!W1QJ:.l~: 16 INITIATI.oN DATE: 12/.07/98 CONTRACT.oR' S PR.oJECT N.o: 448 C.oNTRACT F.oR: FRAMING/INSU./WALLB.oARD CONTRACT DATE: 11/.05/97 CCI REFERENCE N.o: 116 YOu are directed to make the fol1owing changes in this Contract: This change order represents the fu11 satisfaction and accord of this s~bcontractor that payment is for all work associated with installing access doors, box column RM. 4.07, and over time. Kelly System JW.o's 1.0294, 12.091, 12.092, 12.089, & 12.09.0 TOTAL ADD THIS CHANGE...............,............................ $672. .08 C.oTS#1D3 Not valid until signed by both the Subcontractor and General Contractor Signature of the contractor indicates his agreement herewith, incLuding any adjustment in the Contract Sum or Contract Time. H The original (Contract Sum) was... ..... _.......... ........... .......... .... .... .....0.....0... N~t change by previously authorized Change orders..,.!...,..........,... ........... ,.,......... Tne (Contract sum) prfor to this Change Order was............................................. $482000.00 $14916.11 $496916,11 The (Contract Sum) will be (increased) by. this Change Order,..."... ....",'." ........", ,','" ,..',..... ,. .......,.. ,.. '." ....", The new (Contract Sum) ';ncludingthis Change Order will be~,.................,....,........... $672,08 $497588.19 The Contract Time will be (unchanged) by The Date of Substantial Completion as of the date of this Change Order therefore is,..,...."". ( 0) DAYS KELLY SYSTEMS, tNC, 1213 C PAXTON CHURCH ROAD HARRISBURG, PA. 17110 CCI CONSTRUCTION COMPANY, INC. P.O. BOX 1129 203 LYNNDALE COURT MECHANICSBURG, PA 17055-1129 ~~ Date 3; 7'tI" By~ft8~ Pete Jan inz'V/P SAles Date 12/22/90 Input Date: Acct, II 09250-6 Job II 448 Approved by ~1trk- Approved Date I~ Approved by _ 1'b/t7hF Approved Date " <":;;.1 , / SUBCONTRACTOR CRANGE ORDER Distribution to: OWNER ARCHITECT CONTRACTOR ! FIELD 1: OTHER Requested by: OWNER ARCHITECT CONTRACTOR X CITY/STATE OTHER PROJECT: ': , i ~ SUBCONTRACTOR CHANGE ORDER NUMBER: 17 INITIATION DATE: 12/07/98 CONTRACTOR'S PROJECT NO: 448 CONTRACT FOR: FRAMING /INSU . /WALLBOARD CONTRACT DATE: 11/05/97 CCI REFERENCE NO: 117 You are directed to make the following changes in this Contract: OUTLOOK POINTE AT CREEKVIEW BALANCED CARE CORPORATION 5021 LOUISE DRIVE, SUITE 200 MECHANICSBURG, PA. 17055 TO (Subcontractor): KELLY SYSTEMS, INC. 1213 C PAXTON CHURCH ROAD HARRISBURG, PA. 17110 Iii!"':"';"; ! ~; /,,) i '!'-..- l iJti DEe 23 1998 \'" ;::"""l>' ,~, .. '.. ":' '.', .."..... ( j ~~" j i -q > t ' '.', This change order represents the full satisfaction and accord of this subcontractor that payment is for all work associated with insulating areas above elevator towers. TOTAL ADD THIS CHANGE.............,............................. $318.34 COTS#105 Not valid until signed by both the Subcontractor and General Contractor Signature of the Contractor indicates his agreement herewith,including any adjustment in the Contract Sum or Contract Time. I H The original (Contract Sum) was.................._~.........a................................. $482000~OO Net change by previously authorized Change Orders"".."""."."....".,.,....."..,.",.., $15588,19 The (Contract Sum) prior to this Change Order was......................w.....w.w.............. $497588.19 The (Contract Sum) will be (increased) by this ,Change Order......"".."........"..""",.... .......... ...", ...........,...,... $318,34 The new (ContractSuni) incll.!dlng this Change Order will be..,............................... ," $497906.53 The Contract Time will be (unchanged) by The Date of Substantial Completion as of the date of'th;s Change Order therefore is............. ( 0) DAYS Input Date: Acct. # 09250-6 KELLY SYSTEMS, INC. 1213 C PAXTON CHURCH ROAD HARRISBURG, PA. 17110 CCI CONSTRUCTION COMPANY, INC. P,O, BOX 1129 203 LYNNOALE COURT MECHANICSBURG, PA 17055-1129 Job # 448 By f.3i)fI/lAAjJ~ Pete Hanlin, vip Sales Date 12/22/518 ~~~ Oate /. Wi" . Approved by ""I:::>.7't.1f:: Approved Date ,.z.lehe ~, / t{r lfft' Approved by Approved Date - /. SUBCONTRACTOR CRANGE ORDER Distribution to: OWNER ARCHITECT CONTRACTOR '~ FIELD 1: OTIlER .,-, ~~-!"'/ Requested by: OWNER ARCliITECT CONTRACTOR X CITY/STATE OTIlER PROJECT: OUTLOOK POINTE AT CREEKVIEW BALANCED CARE CORPORATION 5021 LOUISE DRIVE, SUITE 200 MECHANICSBURQ, PA. 17055 TO (Subcontractor): KELLY SYSTEMS, INC. 1213 C PAXTON CHURCH ROAD HARRISBURG, PA. 17110 Ii l,:.)L~;;E';'~;~;:;~ t"8 rr'fj '\. ~~,,~~,~,: 3:~: I Ii ,1""1 ! j'!';~"""'" lp........ """'; ~ '.,...,~, ,". ~ . SUBCONTRACTOR CHANGE ORDER NUMBER: 18 INITIATION DATE: 12/07/98 CONTRACTOR'S PROJECT NO: 448 ..'-. CONTRACT FOR: FRAMING/INSU./WALLBOARD CONTRACT DATE: 11/05/97 CCI REFERENCE NO: 119 You are dire~ted to make the following changes in this Contract: This change order represents the full satisfaction and accord of this subcontracto~ that ~ayment is for all work associated with repairs to gyp. brd. created by spr~nkler system leaks and omissions, Kelly Systems JWO's 12099, 12088, 12093, 12094, & 12087. TOTAL ADD THJ:S CHANGE............................................ $1,808. 64 COTS#104 Not valid until signed by both the Subcontractor and General Contractor Signature of the Contractor indicates his agreement herewith, including any adjustment in the Contract Sum or Contract Time. H I The original (Contract Sum) was......... ..... ....., (.. ,..................,.. ................. $482000,00 Net change by preViously authorized Change Orders""".""."..,.,.""..",....,.,.",..,., $15906.53 The (Contract Sum) prior to this Change Order was.",.,..",...,..,.",."...".....,...".", $497906,53 The (Contract Sum) will be (increased) by this Change Order....."...."...... .......',....""....', ......."."....." .......".. $1808,64 The new (Contract Sum) including this Change Order will be.........................."..,..... $499715.17 The Contract Time will be (unchanged) by The Oate of Substantial Completion as of the date of this Change Order therefore is.........".. ( 0) OAYS KELLY SYSTEMS, INC. 1213 C PAXTON CHURCH ROAO HARRISBURG, PA. 17110 CCI CONSTRUCTION COMPANY, INC. P.O. BOX 1129 203 LYNNOALE COURT MECHAN1CSSURG, PA 17055-1129 ~~~ By ~iill""L Pete Hanlin, ViP Sales Oete 12/22/98 Input Oate: Acct, # 09250-6 Job # 448 Approved by "'l'. 'fL. '#0., Approved Oate I-z./e>/te Ap- I ),-{ ( 71'i? Approved by Approved Oate " ~ " ',. ~"-~--:&ill!U' ~: r.~ SUBCONTRAC'l'OR CHANGE ORDER Distribution to: OWNER ARCHITECT CONTRACTOR ~ FIELD T OTHER Requested by: OWNER X ARCHITECT CONTRAC'l'OR CITY/STATE OTHER PROJECT: OUTLOOK POIN~E AT CREEKVIEW BALANCED CARE CORPORATION 5021 LOUISE DRIVE, SUITE 200 MECHANICSBURG, PA. 17055 TO (Subcontr~ctor): KELLY SYSTEMS, INC. 1213 C PAXTON CHURCH ROAD HARRISBURG, PA. 17110 APPVD BY DATE ,JOB # KELLY SYSTEMS JAN 2 0 1999 SUBCONTRACTOR CHANGE ORDER NUMBER: 19 INITIATION DATE: 12/23/98 CONTRACTOR'S PROJECT NO: 448 CONTRACT FOR: FRAMING/INSU./WALLBOARD CONTRACT DATE: 11/05/97 CCI REFERENCE NO: 137 You are dire~ted to make the fol1owing qhanges in'this Cont~act: RECI::IVED ACCU Deduct in contract sum for Alzheimer ~ing revisions. Kelly seri~l No.#042994-31. ' TOTAL DEDUCT THIS CHANGE....................................... $ ( 637.39 ) COTS#69, CC#22, OCO#ll , --.-./' ";: H~~] " r ,1 ~ U' ',1 91 .... ...~ ;:,"-.J "..0",. ~ (,.; _ L...-.......: Not valid until Signed by both the Subcontractor and General Contractor Signature of the Contractor indicates his agreement herewith,including any adjustment in the Contract Sum or Contract Time. H The originaL (Contract sum) was.....,.......... ,............ ,..................."..,.. ......" $482000,00 Net change by previously authorized Change Orders.,."""",....",...""",.""...,.,..,.. $17715,17 The (Contract Sum) prior to this Change Order was""",......""",...,.,."""".".,..." $499715.17 The (Contract Sum) will be (dacreased) by this Change Order........... ............. ......... ......... .............................. $-637,39 The hew (Cont,ract Sum) including' this Change Order will b.!u....u.........'................... $499077.78 The Contract Time will be (unchanged) by The Date of Substantial Completion as of the date of this Change order therefore is,."...."", ( 0) DAYS Input Date: Acct. # 09250-6 Job # 448 Approved by 'Rk#: Approved Date /Z af /jt5 ~ r //'If'11 . Approved by CCI CONSTRUCTION COMPANY, INC. P.O, 80X '129 203 LYNNDALE COURT MECHANiCS8URG, PA 17055-1129 " ($JJ~ (~ ,.,. Banlll>, vI> ~,.. ,- Date 1/28/99 Date . KELLY SYSTEMS, INC. 1213 C PAXTON CHURCH ROAD HARRISBURG, PA, 17110 Approved D.ate --~ .~ -- SUBCONTRACTOR CHANGE ORDER Distribution to: OWNER ARCHITEGr CONTRACTOR Z ~f~~ . "~ ~ftsted by: X ARCHITEGr CONTRACTOR CITY/STATE OTHER PROJEGr: OUTLOOK FOINTE AT CREEKVIEW BALANCED CARE...CORPORATION 5021 LOUISE DRIVE, SUITE 200 ~ECHANICSBURG, PA. 17055 TO (Subcontractor): KELLY SYSTEMS, INC. 1213 CPlIXTONCHURCH ROAD HARRISBURG, PA. 17110 m1~~&lnlW~~ ~~ MAR 1 5 1999 ~ eel CONST. CO., INC. SUBCONTRACTOR CHANGE ORDER NUMBER: 20 INITIATION DATE: 02/24/99 CONTRACTOR'S PROJECT NO: 448 CONTRACT FOR: FRAMING/INSU. /WALLBOARD CONTRACT DATE: 11/05/97 CCI REFERENCE NO: 161 You are directed to make the following changes in this Contract: --../ This change order represents the full satisfaction and accord of this subcontractor that payment is for all work associated with modifying the window framing to Room 140. TOTAL ADD THIS CHANGE........... _ _ _ _.... _...... _ _.... _.,........ ,$216.04 COTS~142, CC#40, OCO#14 APPVD BY DATE_ JOi:l# . KELLY SYSTEMS MAR 1 7 1999 RECEIVED ACC! # Hot valid until signed by both t~~ Suhcontractor and General Contractor Signature of the Contractor indicates his agreement herewith, including any adjustment in the Contract Sum cr Contract Time, The original (Contract Sum) was.........,........"...........,......,.................,...", Het change by previously authorized Change Orders............................................. The (Contract Sum) prior to this Change Order was.............................,............,., Tht, (fg~;r~in~~m6r~~~~, ~~. ~~~::~~~~~~"',.,',.,"',.,...,",......,..... ,.....,...".."",.' The new I Contract Sum) including this Change Order will he..,............................,..., The Contract Time will he (unchanged) bl . The Date of Substantial Completion as of the date of this Change Order therefore ls""""",., ( KELLY SYSTEMS INC. 1213 C PAXTON'CHORCH ROAD HARRISBURG, PA, 17110 By f1h~ Pete HaNLIN, viP Sales Date 3/11/99 ..... ---- CCI CONSTRUCTION COMPANY, lNC, P,O. BOX 1123 203 LYNNDALE COURT ~~ Date ;p-//f, . $482000,00 $11077 .78 $499017,78 $216,04 $493293.82 OJ DAYS Input Date: Acct, . 091.50-8 Job I 448 Approved by \:::??t.'f! ' Approved Date z.1J.Jl,-f1 Approved by Approved Date ~ . ..-- '.,; , , ~ - "' '~ " - 4 SUBCONTRACTOR CHANGE ORDER. Distribution to: OWNER lIRCHITECT CONTRACTOR 2 mElil R~~sted by: OWNER, ARCHITECT CONTRACTOR X 8tMkSTATE PROJECT: OUTLOOK POINTE AT CREEKVIEW BiiLANCED CARE CORPORATION 5021 LOUISE ~IVE, SUITE 200 loJECHANICSBURG, PA. 17055 TO (Subcontractor): ~~YCSPmg~,~CH ROAD HARRISBURG, PA. 17110 rm~~~Uij~1f\\ ~~ MAR 15 1999 ~ em CONST. CO., INC. SUBCONTRACTOR - CHANGE ORDER NUMBER: 21 INITIATION DATE: 02/24/99 CONTRACTOR'S PROJECT NO: 448 CONTRACT FOR: FRAMING/INSU.;'WALLBOlIRD CONTRACT DATE: 11/05/97 CCI REFERENCl NO: 162 You are directed to make the following changes in this Contract: Deduct in contract sum for the following: ' APPVD BY DATE_ 1.) f,?-r~ing out M~chanical loft walls for J;>ropper fire rating: electrica:(JOB it wlrlng and sWltches were moved and rewlred. ' , 2.) Move wall in Room 610 to correct location: move and rewire switch and KELLY SYSTEMS , receptacle. ' , TOTAL DEDUCT THIS CHANGE... ~.............................,.... .$(464.50) ooT8#126 ' MAR 1 7 1999 RECEIVED ACCT. 1# Not valid until signed by botb tb'e Subcontractor and General Contractor ' " Signature of tbe Con~ractor indicates bis agreement berewitb,including any adjuetment in tbe Contract Sum or Contract Time, The original (Contract Sum) was.... ,...................................,.... ...,.....,..""., Net change by previouely authorized Change Orders""";,.""""."""""",':'"",..",, Tbe (Contract Sum) prior to this Change Order was...................,............. ,.........., Th~y(t~~;r~~~n~~6rX~~: ,~~ ,~~~::~~:~~~"" ,.......,..,.."".."",.."""..""""..""",' The new (Contract SUIi) including thie Change Order will be.................................... Tbe Contract Tims will be (uncbanged) bI , The Date of Subetantial Completion ae of tbe date of tbie Change Order therefore 1e............; ( $482000,00 $17293,62 $499293,82 $-464,50 $498829,32 0) DAYS By Date CCI CONSTRUCTION COHPAllY, INC, P .0, BOX 1129 203 LYNllDill COURT ' HECHANICSBURG, PA 17055-1129 '",..~~ ' Date Input Date: Acct. l n~2~n-A Job. 44R Approved by -Z/zA. Iff Approved Date 'i>.1'2.1I-. Approved by , ~ Approved Date ,,(,,511 ~ KELLY SYSTEMS, INC, 1213 C PAXTON CHURCH ROAD HARRISBURG, PA, 11110 -;y SU33CONTR.A.CTOR. c:H:AN'GE ORDER . Distribution to: OWNER ARCHITECT CONTRACTOR 2 FIELD OTHER . ~~sted by: ARCHITECT CONTRACTOR X CITY/STATE OTHER PROJECT: OUTLOOK POINTEAT CREEKVIEW BALANCED CARll-CORPORATION 5021 LOUISE DRIVE, SUITE 200 l1ECHANICSBURG, FA. 17055 TO (Subcontractor): Pzr~YCS~fl~g~'C~tH ROAD HARRISBURG, FA. 17110 ~~lC=\?~~~' ~" Mf>.R 1 51999 ~ eel COIIIS1, co.. INC. - SUBCONTRACTOR CHANGE ORDER NUMBER: 22 INITIATION DATE: 02/24/99 CONTRACTOR'S PROJECT NO: 448 CONTRACT FOR: FRAMING/INSU./WAU.BOARD CONTRACT DATE: 11/05/97 CCI REFERENCE NO: 163 You are directed to make the following changes in this Contract: This change order represents the full satisfaction and accord of this JE subcontractor that ~Yml ent is for all work associated with repairing walYSPPVDBY D~ at the Nurse Call pul stations. ,108# KELLY SYSTEMS TOTAL ADD THIS CHANGE............................................ .$108.02 cqTS#143 MAR 1 7 1999 RECEiVED ". ACCT. # Not valid until eigned by both th~' Snbcontractor and ~eneral Contractor Signature of the Contractor indicatee hie agreemeot herewith,including any adjuetment in the Contract Sum or Contract Time, The original (Contract Sum) wae,........... '... ....... ..... ,.,........... ,...... ..,....,...,.. Ret change by previously authorized ~nange Ordere.,..,...".".",."",..".."""""",." The (Contract Sum) prior to this Change Ordar was.................,..............,..........., Th~y (~~~;r~~in~~m6r!~;: ,~:Y~::::::~~." ,...~.,."....., ..", ..",..""",..",...", ,.."" The new (Contract siiin) including this Change Order will be.........,................,......... The Contract Time will be (unchanged) by The Date of Substantial Completion as of the 'date of this Change Order therefore i5,.,.......... ( ,":.',',' KELLY SYSTEMS IRC, 1213 C PAXTON'CHURCH ROAD HARRISBURG, PA. 11110 By f3-~ )cj.j:~:. Pete Hanlin, ViP Sales Date ,? /1 1 Iq q . Input Date: Acot, ~ nH~fiO-fi $482000.00 $16829.32 $49B829.32 $108,02 $498931,34 0) DAYS Job ~ m Approved bY~ ?it,": ~1~ Approved Date ~r -z.3/19 Approved Date Approved by /' SUBCONTRACTOR CHANGE ORDER Distribution to: OWNER ARCHITECT CONTRACTOR ~ FIELD OTHER . Requested by: OWNER X ARCHITECT CONTRACTOR CITY/STATE OTHER PROJECT: OUTLOOK POIN.:tIiii:!' CREEKVIEW BALANCED CARE CORPORATION 5021 LOUISE DRIVE, SUITE 200 MECHANICSBURG, PA. 17055 TO (Subcontractor): KELLY SYSTEMS, INC. 1213 C PAXTON CHURCH ROAD HARRISBURG, PA. 17110 Im~~~ft~:~~\f\\ ~~ MAY 1 0 1999 1 eel CQNST, CO.. INC. SUBCONTRACTOR CHANGE ORDER NUMBER: 23 INITIATION DATE: 04/02/99 CONTRACTOR'S PROJECT NO: 448 CONTRACT FOR: FRAMING/INSU./WALLBOARD CONTRACT DATE: 11/05/97 CCI REFERENCE NO: 167 You are directed to make the fol1owing changes in this Contract: This change order represents the ful1 satisfaction and accord of this subcontractor that payment is for all work associated with repairing drywa11 to Pantries and Activity Room 113. TOTAL ADD THIS CHANGE............................................ $81. 02 COTS#112, CC#45, OCO#15 ", Not valid until signed by both the Subcontractor and General Contractor Signature of the Contractor indicates ,his agreement herewith, including any adjustment in the Contract Sum or Contract Time. H The original (Contract Sum) was*~ a......... ......................... ..a............................... .............. $482000.00 N.t chang. by pr.viously authorized Chang. Ord.rs,.""..,...."""",...""...,..,."",... $16937.34 Th. (Contract Sum) prior to this Change Order was..",",',..".,",..,.,..~".,.,...".,.,.., $498937.34 The (Contract Sum) will be (increased) by this Change Order, ,.....,... ...,.,..", ".........,' ......", ,.", ....."." ....,.. ...,., $81.02 The new (Contract Sum) including t~is Change Order will be.........~........................... $499018.36 The Contract Time will b. (unchanged) by , The Oat. of Substantial Completion as of the date of this Change Order ther.fore is".",.",.., ( 0) DAYS KELLY SYSTEMS, INC, CCI CONSTRUCTION COMPANY, INC. 1213 C PAXTON CHURCH ROAD P.O. BOX 1129 ' . HARRIS9URG, PA'~17110 ,203 LYNNDALE C,OURT rcr\~~_ ~:A:lk;G';~ W~~ :re~?3/X9P Sales , B~~:r~' ) (U..~AA... Date 5 /3 / '7 ~ ' " '" Date .I;:;'/,a'/ 'tCl , .f f ' . rfIiL/- -I Input Date: Acct. # 09250-6 Job # 44B Approv.d by ))_n.~ Approv.d Date 4 '2. Approved by Approved Date "'"~ / SUBCONTRACTOR CHANGE ORDER Distribution to: OWNER ARCHITECT CONTRACTOR ~ FIELD OTHER . ~ . Requested by: OWNER X ARCHITECT CONTRACTOR CITY/STATE OTHER PROJECT: OUTLOOK POI~~ CREEKVIEW BALANCED CARE CORPORATION 5021 LOUISE DRIVE, SUITE 200 MECHANICSBURG, FA. 17055 TO (Subcontractor): KELLY SYSTEMS, INC. 1213 C PAXTON CHURCH ROAD HARRISBURG, PA. 17110 ~~:~:n1::!1\ I CCI CONSl CO mr I SUBCONTRACTOR CHANGE ORDER NUMBER: 24 INITIATION DATE: 04{02/99 CONTRACTOR'S PROJECT NO: 448 CONTRACT FOR: FRAMING/INSU./WALLBOARD CONTRACT DATE: 11/05/97 You are directed to make the following changes in this Contract: CCI REFERENCE NO: 168 This change order represents the full satisfaction and accord of this subcontractor that payment is for all work associated with cutting out, framing, and patching for added door between Rooms 520aand 522. TOTAL ADD THIS CHANGE........................................... .$59.98 COTS#129, CC#46 , OCO#15 ", Not valid untiL signed by both the Subcontractor and GeneraL Contractor Signature of the Contractor indicates his agreement herewith, including any adjustment in the Contract Sum or Contract Time. H The orig;nel (Contrect Sum) wes.......,."....,.,....,....,..",..."."",."",......,.,.." $482000,00 Net change by pr~viousLy authorized Change Orders............................................. $17018.36 The (Contract Sum) prior to this Change Order was.................................~.a......... $499018.36 The (Contract Sum) wiLL be (increased) by this Change Order............,........................................................... $59.98 The new (Contract Sum) incLuding this Change Order wiLL be.................................... $499078.34 The Contract Time will be (unchanged) by The Date of Substantial CompLetion as of the date of this Change Order therefore is............. ( 0) DAYS KELLY SYSTEMS, INC, 1213 C PAXTON CHURCH ROAD HARRIS8URG, PA, 17110 CCI CONSTRUCTION COMPANY, INC. P.O. BOX 1129 203 LYNNOALE COURT MECHANICSBURG, PA 17055-1129 OJ leu ~. t ~,"'-t-~ t BYp~es OateS/3/99 ' By Date Input Date: Acct, # 09250-6 Job # 448 Approved by Approved Date Approved by ApprovedOate ->/. ; , . . , ~ , SUBCONTRACTOR CHANGE ORDER Distribution to: OWNER ARCHITECT CONTRACTOR 7 FIELD OTHER ,J.J..... '., --, Requested by: OWNER X ARCHITECT CONTRACTOR CITY/STATE OTHER CONTRACTOR'S PROJECT NO: 448 CONTRACT FOR: FRAMING/INSU./WALLBOARD CONTRACT DATE: 11/05/97 CCI REFERENCE NO: 170 You are directed to make the following changes in this Contract: l?ROJECT: OUTLOOK POINTE AT CREEKVIEW llALANCED CARE CORPORATION 5021 LOUISE DRIVE, SUITE 200 MECHANICSBURG; PA. 17055 TO (Subcontractor): KELLY SYSTEMS, INC. 1213 C PAXTON CHURCH ROAD HARRISBURG, PA. 17110 -_., ~~~1:~11 eel COI\lST co l!\It , SUBCONTRACTOR CHANGE ORDER NUMBER: 25 INITIATION DATE: 04/02/99 This change order represents the full satisfaction and accord of this subcontractor that payment is for all work associated with patching areas of relocated baseboard heaters. TOTAL ADD THIS CHANGE........................................... .$56.58 'COTS#145, CC#50, OCO#15 Not valid until signed by both the Subcontractor and General Contractor Signature of the Contractor indicates his agreement herewith,including any adjustment in the Contract Sum or Contract Time. H The original (Contract Sum) was.,.""",......"""."",.".,...""..,..."".....,..'".. $482000,00 Net change by previously authorized Change Orders.........."""".""".."""..."......, $17078.34 The (Contract Sum) prior to this Change Order was...""""...."",....,."""......,."... $499078,34 The (Contract Sum) will be (increased) by this Change Order.., ,.. ...."....", ...,...""..'",..' ,.....,.. ,., ,..,.."... ....'",.. $56,58 The new (Contract SUm) including this Change Order will be.""".."",."..,.",..,.....,... $499134,92 The Contract Time will be (unchanged) by The Oate of Substantial Completion as of the date of this Change Order therefore is",...,..",. ( 0) OAYS CCI CONSTRUCTION COMPANY, INC, P.O, BOX 1129 203 L YNNOALE COURT '-- -u. ,1/ MECHANICSBURG, PA 17055-1129 Approved by '~'''t,l'". ~ J. ~tA-.I\.,.~APprOVed Date KELLY SYSTEMS, INC, 1213 C PAXTON CHURCH ROAD HARRISBURG, PA. 17110 By 17Wif~ Pete Hanlin, vip Sales Date '5/3/99 By Date Input Date: Acct. # 09250-6 Job # 448 Approved by ~~(z .-- ~ +/4/9' , Approved Date y. , . StTBCONTRACTOR CHANGE ORDER Distribution to: OWNER ARCHITECT CONTRACTOR '2" FIELD OTHER Requested by: OWNER X ARCHITECT CONTRACTOR CITY/STATE OTHER PROJECT: OUTLOOK POIN'U.t P.:I: CREEKVIEW BALANCED CARE CORPORATION 5021 LOUISE DRIVE, SUITE 200 MECHANICSBURG, PA. 17055 TO (Subcontractor): KELLY SYSTEMS, INC. 1213 C PAXTON CHURCH ROAD HARRISBURG, PA. 17110 ~~lC~f!~fJI~~\ i ~~ MAY 101999 J] eel CONST CO ll\IC . ..---""....-.---' SUBCONTRACTOR CHANGE ORDER NUMBER: 26 INITIATION DATE: 04/02/99 CONTRACTOR'S PROJECT NO: 448 CONTRACT FOR: FRAMING/INSU./WALLBOARD CONTRACT DATE: 11/05/97 CCI REFERENCE NO' 171 You are directed to make the following changes in this Contract: This change order represents the full subccntractor that payment is for all to Corridors' 217 ana 417. satisfaction and accord of this work associated with Medical Closets p TOTAL ADD THIS CHANGE............................................. $2,047.00 COTS#134, CC#55, OCO#15 Not valid until signed by both the Subcontractor and General Contractor Sign~ture of the Contractor indicates his agreement herewith, including any adjustment in the Contract Sum or Contract Time. H The ()riginaL (Contract sum) was....... ........... ................ ........................ ... .................. ........ $482000.00 Net change by.previously authorized Change Orders...................................................... $17134.92 The (Contract Sum)" prior to this Change Order W_BS. ow.. ....u. u.... ............................ $499134.92 The (Contract Sum) will be (increased) by this Change order. ......,.. ,......... ,..""""", ,..".., ...,.',,'....' ......,'..'"".. $2047.00 The new (Contract Sum) including this Change Order will be.,..,..",."....,...".,....,..,." $501181,92 The Contract Time wi tl be (unchanged) by The Date of SubstantiaL'CompLetion as of the date of this Change Order therefore is.............. ( 0) DAYS KELLY SYSTEMS; INC, 1213 C PAXTON CHURCH ROAO HARRISBURG, PA. .17110 CCI CONSTRUCTION COMPANY, INC. P.O" BOX 1129 203 LYNNDALE COURT MECHANICSBURG, PA 17055-1129 L ~1.~tt.~v\ Date. . )f[tl 1 1-1 By$ii(j/~ Date 5/3/99' Input Date: Acct, # 09250-6 Job # 448 Approved by 1:>.~, #.. Approved Date 4 l'2-lt~ ,'/~ 4-f /-(0,1 Approved by Approved Date .~ . . SUBCONTRACTOR CHANGE O~DER Distribution to: OWNER ARCHITECT CONTRACTOR '2" FIELD OTHER Requested by: OWNER X ARCHITECT CONTRACTOR CITY/STATE OTHER PltOJECT: OUTLOOK POINTE AT CREEKVIEW BALANCED CARE CORPORATION 5021 LOUISE DRIVE, SUITE 200 MECHANICSBURG, PA. 17055 , lm~fE~n~~~~ f ~~ MAY 1 0 1999 J ' SUBCONTRACTOR CHANGE ORDER NUMBER: 27 INITIATION DATE: 04/02/99 TO (Subcontractor): KELLY SYSTEMS, INC. 1~13 C PAXTON CHURCH ,ROAD HARRISBURG, PA. 17110 eel CONST CO IIIIC CONTRACTOR'S PROJECT NO: 448 CONTRACT FOR: FRAMING /INSU . /WALLBOARD CONTRACT DATE: 11/05/97 ccr REFERENCE NO: 173 You are directed to make the following changes in this Contract: This change order represents the full satisfaction and accord of this subcontractor that payment is ,for all work associated with installing access doors to fireplace and ST2 (for phone antena). TOTAL ADD THIS CHANGE............................................ $175. 54 COTS#127, CC#49, OCO#15 Not valid until signed by both the subcontractor and General Contractor Signature of the Contractor indicates his agreement herewith,including any adjustment in the Contract Sum or Contract Time. H The original (Contract Sum) was,..... .... ..............................'.....,.,.. ............ $482000,00 Het change by previously authorized Change Orders",."",.".,.""...",.",.,.",."""", $19181,92 The (Contract sum) prior to this Change order was.""""""."..",.......,.,.,.,....",... $501181,92 Th. (Contract Sum) will be (incr.ased) by this Chang. Ord.r............................, ..............,.... ...... ....... ..........' $175.54 Th. n.w (Contract sum) including this Change Ord.r will b..",..",...."""...""""""" $501357.46 Th. Contract Time will b. (unchanged) by Th. Oat. of substantial Compl.tion as of the date of this Change Order therefore is,.."",.",. ( 0) DAYS Input Date: Acct, II 09250-6 ~LLY SYSTEMS, IHC. 1213 C PAXTON CHURCH ROAD HARR I S9URG , PA. 17110 CCI CONSTRUCTION COMPANY. INC. P.O. BOX 1129 203 LYNNDALE COURT ~ ~ MECHANICSBURG, PA 17055-1129 Approved by .'It.. , Il La.. ~. t f:>c ~ <~ Approved Oat. \. Job II 448 BY~ Pete HanIin, ViP Sales Oate ~ /1 /qq By Approved by 1;? 4(+11., Date Approved Date "U~ - ~'l /. SUBCONTRACTOR CHANGE ORDER . . . . Distribution OWNER ARCHITECT CONTRACTOR FIELD OTHER to: ::r Requested by: OWNER ARCHITECT CONTRACTOR CITY/STATE OTHER x PROoJ'ECT: OUTLOOK POINTE AT CREEKVIEW BALANCED CARE CORPORATION 5021 LOUISE DRIVE, SUITE 200 MECEANICSBURG, PA. 17055 TO (Subcontractor): KELLY SYSTEMS, INC. 1213 C PAXTON CHURCH ROAD HARRISBURG, PA. 17110 SUBCONTRACTOR CHANGE ORDER NUMBER: 28 INITIATION DATE: 05/06/99 CONTRACTOR'S PROJECT NO: 448 CONTRACT FOR: FRAMING/INSU./WALLBOARD CONTRACT DATE: 11/05/97 CCI REFERENCE NO: 178 You are directed to 'make the following, changes in this Contract: This change order represents the full satisfaction and accord of this subcontractor that payment is for all work associated with reconfiguring shower diverter framing. Kelly Systems JWO #11282. TOTAL ADD THIS CHANGE............................................ $570.00 COTS#148 1m ..., ~-~-_... ~~ ~;;1~' I Not valid until signed by both the Subcontractor and General Contractor Signature of the Contractor indicates his agreement herewith,including any adjustment in the Contract Sum or Contract Time. H The original (Contract Sum) was............. ........,....... ...... ...................... ...... $482000.00 Net change by previously authorized Change Orders.,."...""".....,.,.,.""",..".",..,., $19357,46 The (Contract sum) prior to this Change Order Was............................................. $501357.46 The (Contract sum) will be (increased) by this Change Order.... ,........................... ........., ........... ........., ......... $570,00 The new (Contract Sum) including this Change Order will be""..,.,..,.",.,.".,...."...",. $501927.46 The Contract Time will be (uncha,;ged) by , The Date of Substantial Completion as of the date of this Change Order therefore is............. ( 0) DAYS Input Oate: Acct. # 09250-6 KELLY SYSTEMS, INC. 1213 C PAXTON CHURCH ROAD HARRISBURG, PA. 17110 CCI,CONSTRUCTION COMPANY, INC. Job # 448 P,O, BOX 1129 203 L YNNDALE COURT "'-- no. .A/ MEGHANICSBU,\,,\, fA" 1705501129 Approved by ,\/, r~;tr. ~ j~ Approved Date S:"' By v~!';,. \..o...t.1. ~"V A.';'.oI\.Clv,pproved by Oate 'S" III I "9 Approved Date . " . . . . I N C. EXTERIOR I INTERIOR SYSTEMS CONTRACTOR September 10; 1998 Drywall Serial No. 2994- Metal Studs CCI Construction Co., Inc. P. O. Box 1129 Mechanicsburg, PA 17055-1129 Attention: Steve Switzer Sound Insulation Reference: Outlook pointe at Creekview Grandon Way, Hampden Township Mechanicsburg, PA 17055 Subject: Job Work Order Acoustical Ceilings (J Dear Mr. SWitzer: Enclosed please find a copy of our job work order(s), along with itemized cost, for the above mentioned contract. Job Work Order #10279 $ 618.38 Exterior Insulation ,......1-. WSE']t QiIlQ9li it193,lJ 253.86 v,,;d. Finish Systems Job Work Order #10313 253,08 Job Work Order #10321 146.27 Job Work Order #10322 153.54 TOTAL $1,171.27 Access Floors Please review, approve and issue a Change Order in the above amount. Your response wi thin ten (10) 'days is requested to keep our records current. Respectfully, Demountable Partitions KELLY SYSTEMS, INC. ~~~~ G. Marie Thompson , ., GMT Enclosures CC: File i) ',~ 1213 C, PAXTON CHURCH ROAD, HARRISBURG, PA 17110 PHONE 717/231/2780 FAX 717/231/2785 e "A NOVINGER GROUP COMPANyn 0 -'""tiijIllimllWl!/tili>' . . .~ ""~- ~-~ ~ liIiiIiIlB'~. , . . . I & EXTERIOR I INTERIOR SYSTEMS CONTRACTOR CONTRACTOR'S COST BREAKDOWN Drywall 1. Reference: Outlook Pointe at Creekview 1100 Grandon Way Mechanicsburg, PA 17055 ~' . .w..:t>,J!I~iid31itj , . II. Description of Change: Job Work Order No's 10279 rework door openings to bathroom in the following rooms to accommodate installation of towel bar, 207, 228, 307, 328; 407, 428, 507, & 528. Metal Studs III. Material. Amount Description Unit Price Sound Insulation IV. Labor. Hours 20 2 Classification Man Hour Man Hours O.T. Hourly Rate @24,55 @35.58 Total LABOR Acoustical Ceilings f.':.... VI. Subcontractors (if applicable) VII. Totals Exterior Insulation Finish Systems TOTAL MATERIAL TOTAL LABOR TOTAL EQUIPMENT TOTAL SUBCONTRACTORS Subtotal 10% Overhead & Profit TOTAL Access, Floors Demountable Partitions 1213 C, PAXTON CHURCH ROAD. HARRISBURG. PA 17110 PHONE 717/231/2780 FAX 717/231/2785 "A NOVINGER GROUP COMPANY" @ Total nla Total $ 491.00 71.16 $ 562,16 $ nla $ -0- 562.16 -0- -0- $ 562.16 56.22 $ 618,38 .r ... KEU.., StSr6-HS1 EXTERIOR I INTERIOR SYSTEMS CONTRACTOR 1213 Paxton Church Road HARRISBURG, PENNSYLVANIA 17110 (717) 231-2780 FAX (717) 231-2785 CUSTOMER'S OROER NO. PHONE MECHANIC CITY JOB NAME AND LOCATION /J 'OTIoolL YSJI'JI-e p--{3 ;::',,4-- DESCRIPTION OF WORK .<t , ~(Q)~ 'I'(Q)[ffi~ (Q)[ffi[Ql~~ "10279 I DATE OF OROER ~-21-7B Hel..PER STARTING DATE / OROER TAKeN av o DAYWORK o CONTRACT J'l(EXrRA In C~~.M.. /~ Ae dde , h~ o c.~~ ' L~.e.--..L..- CaCJ..-"va ~.~ ..D........ OATECOMP~D WORK ORDERED 8Y r::: TOTAL. MATERIALS TOTAL LASOR TAX TOTAL AMOUNT $ Signature o No one home 0 Total amount dUB 0 Total billing to for above work: or be mailed after completion I hereby acknowledge the satlsfactOl)' completion of work of the above described work. t'~;. 69 .~--~ M-' i~ ._, _ '~.', .,t- ;. KELLY SYSTEMS, INC" Plaintiff : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA v, CIVIL ACTION - LAW UNITED STATES FIDELITY AND GUARANTY COMPANY, and ST, PAUL FIRE AND MARINE INSURANCE COMPANY, : No, 00-2484 Civil Term Defendants AFFIDAVIT OF SERVICE BY MAIL On April 21, 2000, I, Thomas S, Beckley, Esquire, hereby certify that I mailed a true and correct copy of the Complaint in the above-captioned action to the Defendant, United States Fidelity and Guaranty Company, at its regular place of business, by certified mail, return receipt requested. The Defendant accepted service of the Complaint, signed the return receipt upon delivery, and a copy of the receipt (attached hereto as Exhibit A), was returned by the post office on or about April 24, 2000, I make these statements pursuant to 18 Pa,Cons,Stat. S 4904 relating to unsworn falsification to authorities and understand that false statements may subject me to criminal penalties under that statute, ~~~~ Thomas S. Beckley, Esquire BECKLEY & MADDEN 212 North Third Street Post Office Box 11998 Harrisburg, Pennsylvania 17108 (717) 233-7691 Attorney for Plaintiff Kelly Systems, Inc. Sworn and subscribed to before me this 2nd day of May, 2000 ~Y= L-LJ'~ 'Notary / " (SEAL) '... . ' .-=--:--'A"" ,__ Ii .',NOTARlALSEAL " GeraldineJ.&llllacIc, Notary Public . CIty of HlIITlsburg, Dauphin County i I My Commission Explres Nov, 18, 2002 , ~"~~..--.~,<,,,,--,--"--~"'-~~" , ,--'-'- AREA CODE n 7 TELEPHONE ~.?691 BECKLEY & MADDEN ATTORNEYS AT LAw CaANuERRY CoURT 212 NORTH Tm:BD STREET POST OP'P'ICE BOX 1199. HARRISBURG. PENNSYLVANIA 17108-1998 FAX NO. 17171233-3740 FILE NO. 300927 April 21, 2000 United States Fidelity & Guaranty Co, 5801 Centennial Way Baltimore, Maryland 21209 VIA CERTIFIED MAIL RE: Kelly Systems, Inc. v. USF&G and St. Paul Payment Bond #26-0120-41359-97-1 Outlook Point at Creekview, Grandon Way, Hampden Township, Mechanicsburg, Cumberland County, Pennsylvania Dear SirlMadam: Enclosed for service please find a copy of the Complaint in the above-referenced matter Very truly yours, BECKLEY & MADDEN ./;.~!d~0"-:-'/ ~~,., . , Thomas S: Beckley / cc: Kelly Systems, Inc, Z 265 758 648 US Postal Service Receipt for Certified Mail No Insurance Coverage Provided, Do not use tor Intemational Mail See reverse) Senllo U.S. Fidelit & Guarant Stree1 & Number 5801 Cent r- Post Office Stale, & ZIP Code N Bal tlimre, MD '" g $ ..., "', Wa Postage 21209 3. .:< u /. Yo Certified Fee Cll ,.-4, '''; '" Special Delivery Fee Restricted De6very Fee '" ." "." ~ t SENDER: COMPLETE THIS SECTION . Complete ~ems 1, 2, and 3, Also complet~ item 4 if Restricted Delivery is desired; . Print your name and address on the reverse so that we can return the card to you. . Attach this card to the back of the mailpiece, or on the front if space p_ermits. 1. Article Addressed to: c. Signature Xl/; D. Is delivery address different from item 1? If YES, enter delivery address below: United States Fidelity & Guaranty Cb. 5801 Centennial Way Baltirrore, MD 21209 3. Service Type ..ai3ertified Mall Cl Registered o Insured Mail o Express Mail 21=Ieturn Receipt 'far t 18t:GRal ,dise OC,G),D, 4. Restricted Delivery? (Extra Fee) 0 Yes 2. Article Number (Copy from service JilbeJ) , C" -z..,~ "S ']S ~ ~t.fo PS Form 3811, July 1999 Domestic Return Receipt File: 300927 102595-gg.M-me , CERTIFICATE OF SERVICE I, Thomas S, Beckley, Esquire, hereby certify that on this day a true and correct copy of the foregoing document was served upon the person and in the manner indicated below: SERVICE BY FIRST CLASS MATI, St. Paul Fire and Marine Insurance Company 5801 Centennial Way Post Office Box 1138 Baltimore, Maryland 21209 United States Fidelity and Guaranty Company 5801 Centennial Way Post Office Box 1138 Baltimore, Maryland 21209 DATED: May 2,2000 ~~/ Thomas S, Beckley, E~ _.i"" ,,_,' '~ '.,,' I I , i i ~ ~ Ii ...'0, KELLY SYSTEMS, INC" Plaintiff : IN TIlE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA v, CIVIL ACTION - LAW UNITED STATES FIDELITY AND GUARANTY COMPANY, and ST, PAUL FIRE AND MARINE INSURANCE COMPANY, : No, 00-2484 Civil Term Defendants AFFIDAVIT OF SERVICE BY MAIL On April 21, 2000, I, Thomas S, Beckley, Esquire, hereby certify that I mailed a true and correct copy of the Complaint in the above-captioned action to the Defendant, St. Paul Fire and Marine Insurance Company, at its regular place of business, by certified mail, return receipt requested, The Defendant accepted service of the Complaint, signed the return receipt upon delivery, and a copy of the receipt (attached hereto as Exhibit A), was returned by the post office on or about April 24, 2000, I make these statements pursuant to 18 Pa,Cons,Stat, ~ 4904 relating to unsworn falsification to authorities and understand that false statements may subject me to criminal penalties under that statute, ~~/ Thomas S, Beckley, Esquire BECKLEY & MADDEN 212 North Third Street Post Office Box 11998 Harrisburg, Pennsylvania 17108 (717) 233-7691 Attorney for Plaintiff Kelly Systems, Inc, Sworn and subscribed to before me this 2nd day of May, 2000 L..t'/"-'l!" ,j,.L<.~ /Notary / (SEAL) NOTARIAL SEAL Geraldine J. ScI1ladc, Notary Public CIty of Harrisburg, Dauphin County My Commission ExpIres Nov, 18, 2002 " ~ 0 <', ~.~" BECKLEY& MADDEN ATTORNEYS AT LAw CRANmtRRy CoURT 212 NORTH Ts::om STREET AREA CODE 717 TELEPHONE 233.7691 POST OF'II'ICE: BOX Hee8 IlARRISBURG. PENNSYLVANIA 17108-1998 April 21, 2000 St, Paul Fire and Marine Insurance Company 5801 Centennial Way Baltimore, Maryland 21209 "' ". '& ~-, FAX NO. 17171233-3740 FILE NO. 300927 VIA CERTIFIED MAIL RE: Kelly Systems, Inc. v. USF&G and St. Paul Payment Bond #26-0120-41359-97-1 Outlook Point at Creekview, Grandon Way, Hampden Township, Mechanicsburg, Cumberland County, Pennsylvania Dear SirlMadam: Enclosed for service please fmd a copy of the Complaint in the above-referenced matter Very truly yours, BECKLEY & MADDEN ~,~~i~'~---<~ ./ -' -/ .; - _.-/~ ~.. ': Thomas S, Beckley cc: Kelly Systems, Inc, '-'-".",,", ~ ~"', Z 265 758 647 us Postal Service' Receipt for Certified Mail No Insurance Coverage Provided. Do not use for International Mail See reverse Sent to St. Paul Fire & Marine In Street & Number 5801 Centennial via Post Office, Slate, & ZIP Code Baltinore, 110 Co f' N '" o o r"1 Postage $ 21209 '- .2JJ /~ <.; 0 Certified Fee Special Delivery Fee OJ ~ Restricted Delivery Fee r<;!!I 0) Retum Rae . Whom & ..... Retum It Dale, o il TOTAt1 9 r (If) Postl'llEitk_o~ate .::s E ;0:--" ~ '~~~~/OO a. ~..5 I I i I I I I I I I , , . Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. . Print your name and address on the reverse so that we can return the card to you. . Attach this card to the back of the mail piece, or on the front if space permits. 1, Article Addressed to: D. Is delivery address different from item 1? If YES, enter delivery address below: St. Paul Fire & Marine Insurance Company 5801 Centennial Hay Baltinore, MD 21209 3. SeNiee Type S Certified Mail D Express Mail o Registered ..eT'Return Receipt fer ~4eFEli'l_ ,d1t.e o Insured Mail D C.O.D. 4. Restricted Delivery? (Extra Fee) 0 Yes 2. Article Number (Copy from servp labeQ _ L d.(,5 ']56 &1../7 PSForm3811,July1999 DomesticRetumReceipt F~le: 300927 '0259S-99-M.' 769 ,- ~ -", - -. > " '" <!', - ""::;~ CERTIFICATE OF SERVICE T, Thomas S, Beckley, Esquire, hereby certify that on this day a true and correct copy of the foregoing document was served upon the person and in the manner indicated below: SERVICE BY FIRST CLASS MAIL St, Paul Fire and Marine Insurance Company 5801 Centennial Way Post Office Box 1138 Baltimore, Maryland 21209 United States Fidelity and Guaranty Company 5801 Centennial Way Post Office Box 1138 Baltimore, Maryland 21209 DATED: May 2,2000 ~~/ - ,-, . ~ ~ - ",', ",," " """ " ., '~";' ',;"'",.~, ,,',~'c,. " ,-'h>S';:'':'''' __"'" ',"" ''<"''-(','. _,;;,,;:' "",'4'iC'_i~""",,;,",'M"-'-' -,-~,<.,o "'''1 I , j i . ~ R. James Reynolds, Jr., Esquire PA Attorney I.D, No, 10252 Thomas, Thomas, Armstrong & Niesen Attorneys and Counsellors at Law 212 Locust Street, Suite 500 Post Office Box 9500 Harrisburg, Pennsylvania 171 08~9500 Telephone: Facsimile: (717) 255-7600 (717) 236-8278 Attorney for Defendants United States Fidelity and Guaranty Company and St. Paul Fire and Marine Insurance Company KELLY SYSTEMS, INC., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v, No. 00-2484 Civil Term UNITED STATES FIDELITY AND GUARANTY COMPANY and ST. PAUL FIRE AND MARINE INSURANCE COMPANY, Defendants CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE To the Prothonotary: Kindly enter my appearance in the above-captioned action on behalf of Defendants United States Fidelity and Guaranty Company and St. Paul Fire and Marine Insurance Company. Date: )-- J - () 0 By: Attorney for Defendants United States Fidelity and Guaranty Company and St. Paul Fire and Marine Insurance Company -. _ H __,. __~'~c"'-~..,..,,,__~~",__,, .""j'.... -~-="->' " -..<"j';" ,'. ,/-4.-" "". '_ ,. --,_", -,-" .",. on _'~c '-," ",__,-~,~ j ,)' ;;;;'_-if-<:__,' ~.;,;,__:", ;;,a~,-;,,,, "~',T'.",-- "" -,--- . CERTIFICATE of SERVICE I hereby certify that I have served a true and correct copy of the foregoing document on all counsel of record by placing the same in the United States Mail at Harrisburg, Pennsylvania, first-class postage prepaid, on the 5th day of May, 2000, addressed as follows: Thomas S. Beckley, Esquire Beckley & Madden 212 North Third Street Post Office Box 11998 Harrisburg, Pennsylvania 17108-1998 (Attorneys for Plaintiff) Thomas, Thomas, Armstrong & Niesen By: rYh~2~ ;;Ye',~if Sharon Dell-Gallagher, - Secretary l!ri'"' 1-" . ~ '.,< ';",;;'b~~"' -".-"-, ~" " ;;" ,,-," (') ~; ~"" -r.JClJ mn, Z:I.l ~~" !;2C ~O ""'0 Pc Z ::< C) C;J -.... ~~ I co () 'TJ 'OJ ~'~JJ '"r H,-m :do (~~ (:, :..":;} =-H f..")~ :z: ?ri ~ ;;; -< -T) -~ --,,, c:- .. en ~I KELLY SYSTEMS, INC" Plaintiff : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA v, : CIVIL ACTION - LAW UNITED STATES FIDELITY AND GUARANTY COMPANY, and ST, PAUL FIRE AND MAR1NE INSURANCE COMPANY, : No, 00-2484 Civil Term Defendants PRAECIPE TO DISCONTINUE TO THE PROTHONOTARY: Please mark the above-captioned action settled, discontinued and ended, DATED: May 26,2000 Thomas S, Beckley, E uire BECKLEY & MADDEN 212 North Third Street Post Office Box 11998 Harrisburg,PA 17108-1998 (717) 233-7691 Attorney for Plaintiff, Kelly Systems, mc, " ~ - <~. .~, -"".''-'11' CERTIFICATE OF SERVICE I, Thomas S, Beckley, Esquire, hereby certify that on this day a true and correct copy of the foregoing document was served upon the person and in the manner indicated below: SERVICE BY FIRST CLASS MAIL R. James Reynolds, Jr., Esquire Thomas, Thomas, Armstrong & Niesen 212 Locust Street Suite 500 Post Office Box 9500 Harrisburg, Pennsylvania 17108-9500 DATED: May 26, 2000 c--~?~ Thomas S, Beckley, Esquire