HomeMy WebLinkAbout05-3930
1. C. Heim
KATHERMAN, HElM & PERRY
Attorney LD. No. 23155
345 East Market Street
York, PA 17403
(717) 854-5124
Attorneys for Claimant
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
YORK EXCA VA TING CO., INC.
Plaintiff
Civil Action - LAW
vs.
No, OS'" - 39Jo
(Y}w .T~
HOME DEPOT USA, INC.
Defendant
MECHANICS'LIEN
MECHANICS' LIEN CLAIM
Claimant, YORK EXCAVATING CO., INC., through the undersigned
counsel, files this claim against the improvements and property at 1013 South
Hanover Street, Carlisle, PAl 70 13 for the debt due to claimant as a subcontractor
for labor and materials furnished by clairnant in the erection and construction of
the improvements thereon, and in support makes the following statement:
1. The owner of the property is HOME DEPOT USA, INC. with a business
address at 1013 South Hanover Street, Carlisle, Pennsylvania,
2. The improvernents and the property which are subject to the clairn are a
one (1) story block building approximately 100,000 square feet with appurtenant
land and curtilage, located at 1013 South Hanover Street, Carlisle, Pennsylvania,
and more specifically described in a deed dated August 22, 2003 and recorded
August 29,2003, in the Office of the Recorder of Deeds in and for Cumberland
County, Pennsylvania, in Record Book 258, at page 4975, which description is
incorporated herein by reference thereto.
3, The labor and materials for which the debt is due were furnished by
claimant for the agreed sum of $5,625,000.00 pursuant to a written contract dated
January 5, 2004, with R.S. Mowery & Sons, Inc., who contracted directly with the
owner. A copy of the written contract between the claimant and the contractor is
attached as Exhibit "A."
4, The labor and materials furnished by claimant under this contract
consisted of site improvements, storm sewer, underground storage system, sanitary
sewer, water line, curbing, paving, box culvers, treaining walls, clearing and
grubint, earthwork and grading, and importing shale for building pad.
5. Clairnant has been paid $5,239,696.30 toward the debt due for the stated
labor and materials and there is due and owing $385,303.70 for which claim is
here made.
6. Claimant completed his work on May 6, 2005, which is less than four
months before the filing of this claim.
7. Written formal notice of the claimant's intention to file this clairn was
THE
AMERICfN
INSTITUTE
o F
ARCHITECT
Job No. 3765
Phase No. 2201
AlA Document A40I
Standard Form of Agreement
Between Contractor and Subcontractor
1987 EDITION
THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH
AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION.
ThiS document has been approved and endorsed by
the American Subcontractors Association and the Associated Specialty Contractors, Inc.
(
AGREEMENT
rnadeasofthe fifth day of
Two Thousand and four
BETWEEN tbe Contracto/:f7.j~rjs2::~6~iy;t;'~ON'S';~1~~i1
1000 Bent Creek Boulevard
Mechanicsburg, PA 17050
January
in the year of
PH: 717.506.1000 / fAX: 717.506.1010
YORK EXCAVATING CO., INC.
3096 East Prospect Road
York, PA 17402
The Contractor has made a cont~~ctf(ltFOf1structjon .dated December 5, 2003
The Owner: ~TUEiiloMEDEPoiu:s~,..~~97:!'
'Eastern Division"':''''''''
3096 Hamilton Blvd., S. Plainfield, NJ 07080
and the Subcontractor:
PH: 717.755.0607 I FAX: 717.755.0063
witb
For the following Project:
HOME DEPOT STORE NO. 4149
1013 South Hanover Street
Carlisle, PA 17013
~'hich Cumract is herein;lfn:r referred [0 as the Prime Conti-let and wllil'll pro\"idt')'> for [he.: furnishing of t~Lbor, 111:,ltt:ri,lls. eq\.lipn'H:nt
and servlc~s in connection ~'ith the consrruc:tion uF the Prujt't.:t. A copy of thr:: Prime Contract. consisting of tllt: Agrt:t:ml:nt Bct\\'l't'n
O~"'ner and Contr~lCtor (from \'\'hich compensation ~U"()LlntS m.IY h<.: ddt:red) and the ur!K'r C{Jntr~lU Dll(Un1l"!1tS o:.:num..:mtcd tl1l.:rL'in
has het:n m:lCle a\"J.i!'Jblt: to the Subcontractor,
The Architect for the Project is: GREENBERG FARROIl ARCHITECTURE
265 Davidson Avenue - Suite 400
Somerset, NJ 08873
The Contractor and the Subcontractor agree as set forth belo'\\'.
Copyright 191:;, 192;, 1';),-, 19'11. 195A, 11)61. 11.)~3, ISlb6, 1<;)6"':', 1'..r2, J{rH,'f.'lo.)}.Cbyrht:Am~d<..:;\n!n:>ti~utl.:\)fAn.;hilt'L'I:-.1-5::'
New Ymk An:nlle, :\.\'(., W~,.shin~mn, D.c. 2UOt){J. Repruc.iuccion u( tht' 1l1:11t'ri~!ll1crt'in or SUh:'(~lrl!i;d 4lIUl~l(illn llf lb pnwision.-:.
witham v.rinen permissio[1 uf (hI.: AlA \'iol'.1tt:s (hI.: \:npyri~l~t 1;1t1.'~ tlt tilt.' l'nj{t'd ~{:I{L'S and will ht.' subiL'C[ [u It..'~:il PflJ.Wl'llthlll
AlA DOCUMENT A401 . (;O,'\1'RACTOR.SI.'SCO:-;TR.-\CTOH AGREE,\IEST. T\X"El.nll EDITLO='. ,I.,l,,! ..g., 11.J1C
rm: i\~\f.R{CA:-; 1;';:-:'T1Tl'TF. Or ARCHITECT";. l-,~'i :\E\'(' YOIU': A\'f.,'\t'E, :,\,\'('.. W.-\SII I.'\GTn:\. U.c. 2(Hlfl(,
EXH[8[T "A"
A401-1987 1
TERMS AND CONDITIONS OF AGREEMENT
BETWEEN CONTRACTOR AND SUBCONTRACTOR
ARTICLE 1
THE SUBCONTRACT DOCUMENTS
(
1.1. The Subcontract Documents consist of (l) this Agree.
ment; (2) the Prime Contract, consisting of the Agreement
between th.e Owner and Contractor and the other Contract
Documents enumerated therein, including Conditions of the
Contract (General, Supplementary and other Conditions),
Df3.wings, Specifications, Addenda issued prior to execution of
(he Agreement between the Owner and Contractor and Modifi-
cations issued subsequent to the execution of the Agreement
between the Owner and Contractor, whether before or after
the execution of this Agreement, and other CoOIract Docu-
mentS. if any, listed in the Owner,Contractor Agreement; (3)
other documentS listed in Article 16 of this Agreement; and (4)
Modifications to this Subcontract issued after execution of this
Agreement. These form the Subcontrnct, and are as fully a part
of the Subcontract :1S if attached to this Agreement or repeated
herein. The Subcontract represents the entire and integrated
agreement between the parties hereto and supersedes prior
negotiations, representations or agreements, either written or
oral. An enumer~uion of the Subcontract Documents, other
than Modifications issued subsequent to the execution of this
Agreement, appears in Article 16.
1.2 The Subcontractor shall be furnished copies of the Sub-
contract Documents upon request, but the Contractor may
charge the Subcontractor for the cost of reproduction.
ARTICLE 2
MUTUAL RIGHTS AND RESPONSIBILITIES
2.1 The Contractor and Subcontractor shall be mutually
bound by the terms of this Agreement and, to the extent that
provisions of the Prime Contract apply to the Work of the Sub-
contractOr, the Comractor sh~l assume toward the Subcontrac-
[or all oblig.1tions and responsibilities that the Owner, under
the Prime ContC"'Jct, assumes toward the Contractor, and the
Subcontractor shall assume toward the Contractor all obliga-
tions and responsibilities which the Contractor, under the
Prime Contract, assumes toward the Owner and the Architect.
The Contractor shall have the benent of aU rights, remedies and
redress against the Subcontractor which the Owner, under the
Prime Contract, h:lS against the Contractor, and the Subcontrac-
tor shall have the benefit of all rights, remc::dies a.nd redress
agaimt the Contractor which the Contractor, under the Prime
Cu(ltroct, h~lS ag;linst the O'tvner, insofar as applicable to this
Subcontr<!c[. Where a provision of the Prime Contract is incon-
sistent with a provision of this Agreemenr, this Agreement shall
gDvern.
2.2 The Contractor may require the Subcontractor to enter
into agreements with Sub-subcontractOrs performing portion.c;;
of the Work of this Subcontract by 'tvhich the Subconrmcror
and the Sub-subCOntractor are mutually bound, to the eXlent of
the Work to be performed by the Sub-subconrracmr, assuming
roward each other aU obligations and responsibilities which the
Contractor and Subcontractor assume tOward e:Jch other and
having the benefit of all rights, remedies and redress e-J.ch
against the ocher which the Contractor and Subcontractor h:lVe
by rirtue uf the provisions of this Agreement.
ARTICLE 3
CONTRACTOR
3.1 SERVICE$PROVIDED BY THE CONTRACTOR
3.1.1 The Contractor shall cooperate with the Subcontractor
in scheduli~g and performing the Contractor's Work to alvoid
conflicts or interference in the Subcontractor's Work and shall
expedite written responses to submittals made by the Subcon-
tractor in accordance with Paragraph 4,1 and Article 5. As soon
as practicable ~.fter execution of this Agreement, the Contractor
.shall provide the Subcontractor copies of the Contractor's con-
struction schedule and schedule of submittals, together with
such additional scheduling details as will enable the Subcontrac.
tor to plan and perform the Subcontractor's Work properly.
The Subcontractor shall be notified promptly of subsequent
changes in the construction and submittal schedules and addi-
tional scheduling details.
3.1.2 The Contractor shall provide suitable areas for storage of
the Subcontractor's materials and equipment during the COUrse
of the Work. Additional costs to the Subcontractor resulting
from reloattion of such facilities at the direction of the Comrac-
tor, except as previously agreed upon, shall be reimbursed br
the Contractor.
3.1.3 Except as provided in Article 14. the Contractor's equip-
ment will be available to the Subcontractor only -at the Contrac-
tor's discretion and on mutually s:rtisfactor;"- terms.
3.2 COMMUNICATIONS
3.2.1 The Contractor shali promptiy make available to the
SubcomlOlclOr information which affects this Subcontract and
which becomes 'available to the ComC2ctor subsequem to
execution of this Subcontract.
3.2.2 The Contractor shaU not give instructions or orders
directly to employees or workmen of the Subcomractor, except
to persons designated as authorized represenutives of the Sub.
contractor.
3.2.3 The Contractor shall permit the Subcontractor to request
directly from the Architect information regarding the percent-
ages of comptetion and the amount certified on account of
Work done by the Subcontractor.
3,2.4 If hazardous substances of a type of "'hich an employer
is required by law to notify its employees are being used on the
site by [he Contractor, a subcontractor or anyone directly or
indirectly employed br them (other than the SubcontI"'.lctor),
the Contractor shall, prior to harmful exposure of the Subcon-
tr~ctor's employees to such substance, gh'e written notice of
the chemical compositlon thereof to the Subcontractor in suffi.
Cient detail and rime to permit rhe Subcontractor's compliance
with such laVv.s.
3.3 CLAIMS BY THE CONTRACTOR
3.3,1 Liquidated dam~\ges for delay. if provided for in Par3.-
graph 9.3 of this Agreement, shall be assessed against the Sub-
Cont~ctOr only to the ext~nt caused by the Subcontractor, the
Subconrf3.ctor's employees 'and agents, Sub-subcontractors,
suppliers or any person or entity for whose ~ct<j the Subcon.
AlA DOCUMENT A401 . CONTRACTOR-SUBCONTRACTOR AGREEMENT. n"ELFTH EDITIOr--;. AfA$ . @1987
THE A;\IERICAN INSTITUTE OF ARCHITECTS. 173" NEW YORK AVENL'E:, N.W., \l;:ASHINGTO!\'. D.C. 20006
A401.1987 2
tractor may be Jjable, and in no case Jor delays or causes arising
outside the scope of this Subcontract.
3.3.2 Except os may be indicated in this Agreement, the Con.
tractor agrees that no claim for payment for services rendered
or materials and equipment furnished by the Contractor to the
Subcontractor shall be valid without prior notice to the Sub-
contractor and unless written notice thereof is given by the
Contractor to the Subcontractor not later than the tenth day of
the calendar month following that in which the claim originated.
3.4 CONTRACTOR'S REMEDIES
3.4.1 If the Subcontractor defaults or neglects to carry out the
Work in accordance with this Agreement and fails within three
working days after receipt of v.'rinen notice from the Contrd.c~
tor to commence and continue correction of such default or
neglect with diJigenc~ and promptness, the Contractor may,
after three days following receipt by the Subcontractor of an
additional wriuen notice, and without prejudice to any other
remedy the Contractor may have, make good such deficiencies
and may deduct the COSt thereof from the payments then or
thereafter due the Subcontractor, provided, however, that if
such action is based upon faulty workmanship or materials and
equipment, the Architect shall first have determtned that the
workmanship or materials and equipment are not in accor-
dance with requirements of the Prime Contract.
4.1
ARTICLE 4
SUBCONTRACTOR
EXECUTION AND PROGRESS OF THE WORK
4.1.1 The Subcontractor shall cooper~te with the Contractor
in scheduling and performing the Subcontractor's Work to
avoid conflict, delay in or interference with the \Vork of the
Contractor, other subcontractors or Owner's own forces,
4.1.2 The Subcontractor shall promptly submit Shop Draw.
ings, Product Data, Samples and similar submirtals required by
the Subcontract Documents with reasonable promprness and
in such sequence as to cause no delay in the Work or in the
activities of the Contractor or other sllbcontr~lctors.
4.1.3 The Subcontractor shall submit to the Contractor a
schedLlle of \!aJues aUocmed to the various partS of tl1e Work of
this SLlbcontr.lct, aggregating the Subcontract Sum, made out in
such demj] as the Contractor and Subcontmctor may agree
upon Dr as required by the Ov,:ner, and supported by stich evi-
dence as the Contrac[or mar direct In applying for payment,
the SLlbcontractor sh.tll submit statements based uron chis
schedule.
4.1,4 The Subcuntr.tcror shall furnish to rhe Contractor
periodic progress reports on the \'("ork of chis Subcontract as
I11mu:'lfly agreed, including informmion on the st:.1tUS of matc-
rials and equipment which m:lr be jn the course of prepar;.uion
Or manuf.ccttm:.
4.1.5 The Subcontractor agrees that the Architect \\'i1l ha\"e the
authority to reject \'(r"ork which does not conform to the Prime
Contract. The Architect's deCisions on m:W:ers febting to
aes[he[ic effect shall be final if consistent with the inrerlI
expressed in the Prime Concract
4,1.6 Th~ Subconrr:1Cwr shall pay for materbLs, equipment
.md labor used in connection ~vi(h the perform;'lOce of this Sub-
contruct through the periocl cO\'ered by previous p:'lyments
received from d1e Conrr<.lctor, and shall furnbh satisfactory
evidence, when requested by the Contractor, to verify com.
pli:mce with the above requiremenrs.
4.1.7 The Subconrractor shall take necessary precautions to
protect properJy the Work of other subcomractors from
damage caused by operations under this Subcontract.
4.1.8 The Subcontractor shall cooperate with the Contractor,
other subcontractors and the Owner's own forces whose \'(.'ork
might interfere with the Subcontractor's Work. The Subcon~
tractor shall participate in the preparation of coordinated dron'.
ings in are41S of congestion, if required by the Prime Comract,
specifically noting and advising the Contractorofpotenlia.l con-
flicts berween the Work of the Subcontractor and that of the
Contractor, other subcontractors or the Owner's own forces.
4.2 LAWS, PERMITS, FEES AND NOTICES
4.2.1 The Subcontractor shall give notices and comply with
laws, ordinances, rules, regulations and orders of public author-
ities bearing on performance of the Work of this Subcontract.
The Subconrraccor shall secure and pay for permits and govern~
mental fees, licel1.5es and inspections necessary for proper
execution and completion of the Subconlt2.ctor's \'V'ork, the
furnishing of ,,'hlch is required of the Contractor by the Prime
Contracr.
4.2.2 The Subcontractor shall comply with Federal. state and
local tax laws, social security acts, unemployment compensa~
tion acts:md workers' or workmen's compensation :lCts insofur
as applicable to the performance of this Subcontract.
4.3
SAFETY PRECAUTIONS AND PROCEDURES
4.3.1 The Subcontractor shall takereasombfesafetj'-precau-
tions with respect ro performance of this Subcontract, shall
comply with safety measures iniriated by the Contractor and
with applicable laws, ordjnances, rules, regulations and orders
of public authorities for the S2.fety of persons or property in
accordance with the requirements of the Prime Contract. The
Subcontractor shall report to the Contractor within three days
an injury to an employee or agent of the Subcomrac[or which
occurred at the site,
4.3.2 If hazardous substances ofa type of ~vhich an employer
is required by law to notify its employees are being used on the
site by the Subcontractor, the Subcontractor's Sub~
subcontractors or anyone directly or indirectly employed by
them, the SubcOntf'dctor shall, prior to h:umful exposure of any
employees on rhe site to such substance, give written notice of
the chemical composition rhereof to the Contractor in sum.
cienr ctetall and time to permit compliance with sLlch bv.."s by
the Contractor, Other subcontractOrs and other employers on
the site,
4.3,3 In the event the Subcuntmctor encounters on the sire
materi~lI reasomlbly believed to be asbestos' or polychlurinated
biphenyl (PCB) ~vhich has not been rendered h;irmkss, rhe
Subcontractor sh~l.H immediately stop W'ork jn the area affectec!
and report the condition to (he COntf"olCCOr in Vo'riting. The
\"V'ock in the affected area shall resume in (he :lbsence of
asbestos or polychlorinated biphenyl (PCB), or when it has
been rendered h~lm1Jess, br 't\'rjnen agreemem of the Contr~lc-
rur and Subcuntr;tctor, or in :Iccordance with final determin3.
tion bv tht: Arch1tecr on which arbitration h~1S not been
demanded, ur br arbirration :J5 provided in thi:; Agreement.
The Subcontractor shall not be requjred pursuam to Article; to
perform wirhour consem any Work relating to asbestos or
polychlorin:!Ct.:'d biphenyl (PCB),
3 A401.1987
AlA DOCUMENT A401 e CUl'iTR...I,.CFJR':iliHCO/\'TR.\CTORAGREEME!'\iel\\"ELrTH EDliIOl' e AlA'!' el{,'198-
THE A;\jERICA~ !:\'STI1TTf. Of ARCHJTECTS, 1':'5'i t"iE\\;" YORK A\"E....;n, ~.\'r" \X"ASHI1\GTO~, D,C, 200lKl
4.3.4 To the fulJest extent permitted by law, the COt\lro1clOr
shall irldemnify and hold harmless the Subcontractor, the Sub-
contracwr's Sub~subcontractor51 and agentS and employees of
any of them from and against claims, damages, losses and
expenses, including but not limited to attorneys' fees, arising
out of or resulting from performance of the Wock in the af-
fecred area if in fact the material is asbestos or polychlorinated
biphenyl (PCB) and has not been rendered harmless, provided
th~t such claim, damage, los5 or expense is attributable to
bodily injury, sickness, disease or deoth, or to irljury to or
destruction of tangible property (other than the Work itsel0 irl-
eluding loss of use resulting therefrom, bue only to the extent
caused in whole or in part by negligent acts or omissions of me
Contractor, Architect, Owner, anyone directly or indirectly
employed by any of them, or anyone for whose acts any of
them may be liable, regardless of whether or not such claim,
damage, 1055 or expense is caused in part by a party indem-
nified heteunder. Such obligation shall not be construed to
negate, abridge, or reduce other rights or obligations of indem-
nity which would otherwise exist 2S to a patty or person
described in this Subparagraph 4.3.4.
4.4 CLEANING UP
4.4.1 The Subcontractor shaH keep the premises and sur-
rounding area free from accumulation of waste materials or rub-
bish caused by operations performed under this Subcontract.
The Subcontractor shall not be held responsible for unclean
conditions caused by other contractors or subcontractors.
4.5 WARRANTY
4.5.1 The Subcontractor warrants to the Owner, Architect and
Contractor that materials and equipment furnished under this
Subcontract will be of good quality and new unless otherwise
required or permitted by the Subcontract Documents, that me
Work of this Subcontract will be free from defects not inherent
in the quality required or permitted, and that the Work will
conform with the requirements of the Subcontract Documents.
Work not conforming to these requirements, including substi-
tutions not properly approved and authorized, may be consid-
ered defective. The Subcontractor's warranty excludes remedy
for damage or defect caused by abuse, modifications not ex-
ecuted by the Subcontractor, improper or insufficient mainte-
nance, improper operation, or normal wear md tear under nor-
mal usage. This warranty shall be in addition to and not in
limitation of any other warranty or reme:dy required by law or
by the Subcontract Documents.
4.6 INDEMNIFICATION
4.6.1 To the fullest extent permitted by law, the Subcontractor
shall indemnify and hold harmless the Owner, Contractor,
Architect, Architect's consultants, and agents and employees of
any of them from and against claims, damages, losses and
expenses, including but not limited to attorney's fees, arising
out of or resulting from performance of the Subcomractor's
Wark under this Subcontract, provided that such claim, da.m.
age, loss or expense is attributable to bOdily injury, sickness,
disease or death, or to injury to or destruction of tangible prop.
erty (other than the Work itselO induding loss of use resulting
therefrom, but only to the extent caused in whole or in parr by
negligent acts or omissions of the Subcontractor, the Subcon-
tractor's Sub.subcomractors, 'J.l1yone directly or indirecdy
emplo)'ed by them or anyone for whose acts [hey may be
liable, regardless of whether or not such claim, dam'J.ge, loss or
expense is caused in part by a party indemnified hereunder.
Such obligation shall not be construed to negate, abridge, or
otherwise reduce other rights or obligations of Indemnity
which would otherwise exist 2S to a party or person described
in this Paragraph 4.6.
4.6.2 In clalms against any person or entity idemnified under
this Paragraph 4.6 by an empioyee of the Subcontractor, the
Subcontractor's Sub.subcontractors, anyone directly or
indirectly employed by them or anyone for whose acts they
may be liable, the indemnification obligation under this
Paragraph 4.6 shall not be limited by a limitation on amount or
type of dmlages, compensation or benefits payable by or for
the Subcontractor or the Subcontractor's Sub-subcontractors
under workers' or workmen's compensation ac[S, disability
benefit acts or other employee benefit acts.
4.6.3 The obligations of the Subcontractor under this
Paragraph 4.6 shall not extend to the liability of the Architect,
the Architect's consultants, and agents and employees of any of
them arising out of (I) the preparation or approval or map5,
drawings, opinions, reports, surveys, Change Orders, designs
or specifications, or (2) the giving of or the failure to give direc-
tions or instructions by the Architect, the Architect's con~
sultants, and agents and employees of any of them, provided
such giving or failure to give is the primary cause of the injury
or damage.
4.7 REMEDIES FOR NONPAYMENT
4.7.1 Provided the Contractor has received payment from the
Owner, if the Contractor does not pay the Subcontractor
through no fault of. the Subcontra.ctor, within seven cbys from
the time pa.yment should be made as provided in this Agree~
ment, the Subcontractor may, without prejudice to other
available remedies, upon seven additional days' written notice
to the Contractor, stop the \Vork of thiS Si1bcontract.un:tirpay~
ment ofche amount owing has been received. The Subcontract
Sum shall, by appropriate adjustment, be increased by the
amount of the Subcontractor's reasonable costs of shutdown,
delay and start-up.
ARTICLE 5
CHANGES IN THE WORK
5.1 The Owner may make changes in the Work by issuing
Modifications to the Prime Contract. Upon receipt of such a
Modific::ltion issued subsequent to the execution of the Subcon-
tract Agreement, the Contractor shall promptly notify the Sub.
contractor of the Modification. Unless otherwise directed by
the Contractor, the Subcomractor shall not thereafter order
materials or perform Work Vv'hich would be inconsistent with
the changes made by the Modifications to the PrUTle Contract.
5.2 The Subcontractor mar be ordered in writing by the Con~
tmctar, without invalidating this Subcontract, to make changes
in the Work within the general scope of this Subcontract con-
sisting of additions, deletions or other revisions, including
those required by Modifications to the Prime Contract issued
subsequent to the execution of this Agreement, the Subcontract
Sum and the Subcontract Time being adjusted accordingly. The
Subcontractor, prior to the commencement of such changed or
revised Work, shall submit promptly to the Contractor written
copies of a claim for adjustment to the Subcontract Sum and
Subcontract Time for such re\'ised Work in a manner consis.
tent with requiremems of [he Subcontract Documems.
5.3 The Subcontractor shall make claims promptly to the Con~
tractor for additional cost, extensions of rime an9 damages for
delays or other causes in accordance with the Subcontract
AlA DOCUMENT A401 . CONTRACTOR.SUBCONTRACTOR AGREEMENT. N'ELFTH eDITION. AlAe. @1987
THE AMERICAN INSTITt.:TE OF ARCHITECTS, 17.~; NEW YORK AVENUE, N.W., '\('.\SH1NGTON, D.C. 20006
A401.1987 4
Doc:um~ncs. A claim which will affect or becomt' pu.n of a daim
which the Contractor is required to make under the Prime Con.
tract within a specified time period or in a. specified manner
shall. be made in sufficient time to permit the Contractor to
satisfy the requirements of the Prime Contract. Such claims
shall be received by the Contractor not less than two working
days preceding the time by which the Contractor's cI2im must
be made. Failure of the Subcontractor to make such a timely
c1a..im shaH bind the Subcontractor to the same consequences as
those to which the Contractor is bound.
ARTICLE 6
ARBITRATION
6.1 Any controversy or claim between the Contractor and the
Subcontr3ctor arising out of or related to this Subcontract, or
the breach thereof, shall be settled by arbitration, which shail
be conducted in the same manner and under the same pro-
cedure as prOvided In the Prime Contract with respect to claims
between the Owner and the Contractor, except that a decision
by the Architect shall not be a condition precedent to arbitra-
tion. If the Prime Contract does not provide for arbitration or
fails to specify the manner and procedure for arbitration, it shall
be conducted in accordance With the Construction Industry
Arbitration Rules ot the American Arbitration Associadon cur-
rently in effect unless the parties mutually agree othern'ise,
6.2 Except by written consent of the person or entity sought
to be joined, no arbitration arising out of or relating to the Sub-
contract shall include, by consolidation or joinder or in anv
other man.ner, any person or entity not a party to the Agree-
ment under which such arbitration arises, unless it is shown at
the time- the demand for arbitration is filed that (1) such person
or entity is substantially involved in a common question of fact
or law, (2) the presence of such person or entity is required if
complete relief is to be accorded in the arbitration, {3) me inter-
est Or responsibilily of such person or entity in the matter is not
insubstantial, and (4) such person or entity 15 riot the Architect,
the Architect's employee, the Architect's consultant, or an
employee or agent of any of them. This agreement to arbitrate
and any other written agreement to arbitrate with an additional
person or persons referred to herein shall be specifically en-
forceable under applicable law in any COUrt having jurisdiction
thereof.
6,3 The Contractor shail give the Subcontractor prompt writ.
ten notice of any demand received Or made by the Contractor
for arbirration if the dispute involves or relates to the Work,
materials, equipment, rights or responsIbilities of the Subcon-
tractor. The Contractor shall consent to inclusion of the Sub-
coner'actor in the arbitration proceeding whether by joinder,
consolidation or otherwise, if the Subcontractor requests in
n'ricing to be included within ten days after receipt of the Con-
tractor's notice.
6.4 Th~ award rendered by the arbitrator Or arbitrators shall be
final, and judg.ment may be emered upon it in accordance with
applicable f<t,"9,.' in any court having jurisdiction thereof,
6.5 This Article 6 shall nct be deemed a limitation of rights or
remedies which the SLlbcontnlctor may have under Federal
luw, und~r st;1te mech::u1ics' Jjen bws, or under appJjc~lbJe l:!bof
or ffi3terial payment bonds unless such rights or remedies are
expressly waived by the Subcontr.ctor.
ARTICLE 7
TERMINATION, SUSPENSION OR ASSIGNMENT
OF THE SUBCONTRACT
7.1 TERMINATION BY THE SUBCONTRACTOR
7.1.1 The Subcontractor may terminate the Subcontract for
the same reasons and under the same circurnst2l1ces and pro.
cedures with respect to the Contractor as the Contractor may
terminate with respect to the Owner under the Prime Contract
or for nonpayment of amounts due under this Subcontract fo;
60 days or longer. In the event of such termination by the Sub-
contractor for any reason which is not the fault of the Subcon-
tnletor, Sub-subcontractors or their agents or e:mployees or
other persons performing portions of the Work under contract
with the Subcontractor, the Subcontractor shall be entitled to
recover from the Comractor payment for Work executed and
for proven loss with respect to materials, equip'ment, toots, and
construction equipment and machinery, induding reasonable
overhead, profit and damages.
7.2 TERMINATION BY THE CONTRACTOR
7.2.1 If the Subcontractor persistently or repeatedly faiis or
neglects to carry out the Work in accordance with the Subcon-
tract Documents or orherwisc to perform in accordance with
this Agreement and fails within seven days after receipt of writ-
ten notice to commence and continue correction of such
default or neglect with diligence and prortiptness, the- Contrac-
tOr may, after seven days following receipt by the Subcontrac-
tor of an additional written notice and without prejudice to any
ocher remedy the Contractor may have, terminate the Subcon-
tract and fmish the Subcontractor's Work by whatever method
the Contractor may deem expedient. rf the unpaid balance of
the Subcontract Sum exceeds the expense of finishing the Sub-
contractor's Work, such excess shall be paid to the Subcontrac-
ror, but if such expense exceeds such unpaid balance, the Sub-
contractor shall pay the difference to the Contractor.
7,3 ASSIGNMENT OF THE SUBCONTRACT
7.3.1 In the event of termination of the Prime Contract by the
Owner, the Contractor may assign this Subcontract to the
Owner, with the Owner's agreement, sLlbject to the provisions
of the Prime Concract and to the prior rights of the suret}', if
any, obligated under bonds relating to the Prime Contract, If
the \Vork of the Prime Contract has been suspended for more
than 30 da}'s, the Subcontractor's compensation shall be
equitably adjusced,
7.3.2 The SUbCOntGICIOr shail not assign ule Work of this Sub-
COntraCt without the written consent of the Contractor, nor
subcontract the whole of this Subcontract without the written
consent of the Contractor. nor further subcontract portiOns of
this Subconrract without written notification to the Contractor
when such notification is requested br the ContractOr,
5 A401.1987
AlA DOCUMENT A401 . CO;\TRACTOR,.SUBCONTRACTOR AGREEMENT. n'ELFTH EDlTlON . AlA'!' . @1987
THE A.'vIER1CAN,INSTITl.'TE 01= ARCHITECTS, 1735 NEW' YORK AVENUE, N.W., W'ASH1NGTON, D.C. 20006
. ARTICLE 8
THE WORK OF THIS SU8CONTRACT
8.1 The Subcontractor shall execute the following portion of the Work described in the Subcontract Documents, including all
labor, materials (as may be required to be purchased from The Home Depot as described in Attachment "C" to this Subcontract),
equipment, services and other items required to complete such portion of the Work, except to the extent specifically indicated in
the Subcontract Documents to be the responsibiiity of others. The scope of Work for this Subcontract covers sitework as
delineated in Attachment "D" to this Subcontract.
ARTICLE 9
DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION
9.1 The Work to be performed under this Subcontract shall be commenced as directed by the General Contractor and subject
to authorized adjustments, this Work shall be performed in accordance with a schedule established by the General Contractor and
agreed to by the Subcontractor to permit substantial completion of the total project not later than August 30, 2004, to allow
turnover to the Owner not later than October 11, 2004, and to allow for the Grand Opening not later than November 18, 2004.
"SEE ATTACHMENT "E"
9.2 Time is of the essence of this Subcontract.
9.3 No extension of time will be valid without the Contractor's written consent after claim made by the Subcontractor in
accordance with Paragraph 5.2.
AlA DOCUMENT A401 . CONTRACTOR-SUBCONTRACTOR AGREEMENT. TWELFTH EDITION. AlA'!} . C11 987
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W.. WASHINGTON, D.C. 20006
A401.19B7 6
'~." .
ARTICLE 1 0
SUBCONTRACT SUM
10.1 The Contr:lctor shall pay the Subcontr:lctor In current funds for performance of the Subcontr:lct the Subcontr:lct Sum of
FIVE MILLION SEVEN HUNORED FIFTY THOUSAND AND 00/100 ---------- Dollars(S 5.750,000.00 ------------------),
subject to additions and deductions as provided in the Subcontr:lct Documents.
10.2 The Subcontract Sum is based upon the following alternates, ifany, which are described in the Subcontract Documents and
have been accepted by the Owner and the Contr:lctor as may be appliceble to the Work of this Subcontract.
10.2.1 All applicable taxes have been included in the Subcontract Sum.
10.2.2 As a result of your bid proposal and subsequent negotiations.
10.2.' : Subcontract Sum Breakdown: See Attachment "0".
10.3 Unit prices, if any, are as follows: None
ARTICLE 11
PROGRESS PAYMENTS
11.1 Based upon applications for payment submitted [Q the Contractor by the SubcontractOr, corresponding to Applications for
Payment submitted by the ContractOr [Q the Architect, and Certificates for Payment issued by the Architect, the Contractor shall ffi:lke
progress paymelUs on account of the Subcontrolct Sum to the Subcontractor as provided below and elsewhere in the Subcontract
Documents.
11.2 The period covered by each application for payment shall be one calendar month ending on the iast day of the month.
11.3 Provided an application for payment is received by the Contr:lctor not ",ter than the twenty-fifth (25th)
day of a month, the Contractor shall include the Subcontractor's Work covered by that application in the next Application for P:lY-
ment tvhich the Contractor is entitled to submit to the Architect. The ContractOr shall pay the SubcontractOr each progress payment
AlA DOCUMENT ,A.401 . CONTR..l,.CTOR.SUBCONTRACTQR AGREE;\IEt-;-r- TW'ELFTH EDITION. A1A~ . @ 198~
THE" AMERIC."N INSTfTl..:TE Of ARCHITECTS, 17;15 NEW YORK AVENUE, N.\X'., WASHINGTON, D.C. 20006
A401.1987 7
within three working days 2fter the Contractor receives payment from the O\vncr, less a ten percent (1 D%) retainer.
11.4 If an application for payment is received by the Contractor after the application dare fc'Ced above, the Subcontractor's Work
covered by it shall be induded by the Contrdctor in the next Application for Payment submitted to the Architect.
11.5 Each application for payment shall be based upon the most recent schedule of values submitted by the Subcontractor in
accordance wich the Subcontract Documents. The schedule of values shall aUocat~ the entire Subcontract Sum among the various
portions of the Subcontractor's Work and be prepared in such form and supported by such data to substantiate its accuracy as the
Contractor may require. This schedule, unless objected to by the Contractor, shall be used as a basis for reviewing the Subcomr.:1ctor's
applications far payment.
11.6 Applications for payment submitted by the Subcontcacro( shall indicate the percentage of completion of each portion of the
Subcontractor's Work as of the end of the period covered by the application for payment.
11.7 Subject to the provisions of the Subcontract Documents, the amOunt of each progress payment shall be computed as follo~'s:
11.7.1 Take that portion of the Subcontr>ct Sum properly allocable to completed Work as determined by multiplying the percentage
completion of each portion of the Subcontractor's Work by the share of the total ~ubcontract Sum allocated to that portion of the
Subcontractor's Work in the schedule of values, less that percentage actually retained, jf any, from payments to the Contractor on
account ofehe Work of the Subcontractor, Pending final detemunation of cost to the Comractor of changes in the Work which have
been properly authorized by Construction Change Directive, amounts nm in dispute may be included co the same extent provided in
the Prime Contract, even though the Subcontract Sum has nm yet been adjusted;
11.7.2 Add that portion of the Subcontract Sum properly allocable to materials and eqLlipmcnt delivered and suitably stored at the
site by the SubcontC2.ctor for subsequent incorporation in the Subcontractor's Work or, if approved in advance by the Owner,
suitably stored off the site :at a location agreed upon in writing, less the same percentage retainage required by the Prime Contract to
be applied to such materials and equipment in the Comractor's Application for Payment;
11.7.3 Subtract the aggregate of previous payments made by the:: Contrxtor; and
11.7.4 Subtract amounts, if any, calculated under Subparagraph 11.7.1 or 11.7.2 which are related to Work of t~e Subcontractor for
which the Architect has withheld or nullified, in whole or in part, a Certificate of P<lymenr for a cause .......hichis the fault of the
Subcontractor.
(
11.8 SUBSTANTIAL COMPLETION
11.8.1 \Vhen the .subcontractor's Work or a. designated portion thereof is substantially complete and in accordance with the require~
ments of the Prime Contmct, the Contractor shall, upon application by the Subcontractor, make prompt application for payment for
such Work. Within 30 days following issuance by the Architect of_the Certificate for Payment covering such substantiaUy completed
Work, the Contractor shall, to the full extent allav.'ed'in the Prime Contract, make payment to the Subcontractor, deducting any por~
lion of the funds for the Subcontractor's Work withheld in accordance with the Certificate to cover costs of items to be completed or
corrected by the Subcontractor. Such payment to the SubcontractOr shall be the entire unpaid balance of the Subcontract Sum if a full
release of retainage is allowed under the Prime Contract for the Subcontractor's Work prior to the completion of the entire Project. If
the Prime Contract does nm allow for a full release of retainage, then such P'lyment shall be an amount which, when added to
previous payments to the Subcont\""J.ctor, will reduce the retainage on the Subcontractor's substantially completed Work to the same
percenw.ge of rerainage as th:lt on the Contr..tcIor'S Work covered by the Ceniticate.
ARTICLE 12
FINAL PAYMENT
12.1 Final p::l.yment, constitucingrhe entire unpaid balance of the Subcontr,acr Sum, shaH be made by the Contractor to the Sllbcon-
tractor when the Subcantmctor's Work is fully performed in accordance with the requirements of the Contract Documems, lhe Ar-
chitect has issued a Certificate for Payment co\'ering the Subcontractor's compleIed 'X'ork and the Contractor has received p~l}"ment
from Ihe Owner. If, for any cause ~-hich is not the fault of the Subcontf'Jctor, a CenifiC'J.te for Payment is not issued or the Contractor
does not receive timely payment or does not p:.l)" the Subcontractor v.:ithin three tvorking days after receipt of payment frum the
Owner, final payment to the Subcontr..lctor shall be made upon demand.
12.1.1 Final payment will not be due until all of the Subcontractor's obligations regarding warranties,
certifications, as-built drawings, operating instructions, and punch 'list items ara completed to the
satisfaction of the Owner and Architect.
12.2 Before issuance of the final payment, the Subconcmctor, if required, shall submit evidence satisbctory to the Contractor that
all p;lyrolIs, bills for materi:lls and equipment, and all knov.n indebtedness connected tvirh the Subcontractor's Work have been
sutisfied.
AlA DOCUMENT A401 . CONTRACTOR.'sl'BCONTRACTOR AGREE,\IENT. n"\'ELFTH EDITION. :UA.!. .~, l'Jtl-
THE AMERICAN INSTITUTE OF ARCHITECTS, 175'" NEW YORK A\'E;-";L'E, 1'\<\X'.. \'C\SHfNGTO.'1, D.C 200lX,
A401.1987 8
ARTICLE 13
INSURANCE AND BONDS
13.1 The Subcontractor shall purchase and maintain insurance of the following types of coverage and limits of liability,
See Attachment "A" - Insurance Coverage Requirements.
13.2 Coverages, whether written on an occurrence or da.ims-made basis, shall be maintained without imc::rrupCion from date
of commencement of the Subconrractor's Work until date of final payment and termination of any coverage required co be rnajn~
tained after final payment.
13.3 Certificates of insurance acceptable to the Contractor shall be fLIed with the Contractor prior to commencement of the Sub-
contractor's Work. These certificates and the insurance policies required by this Article J 3 shall contain a provision that coverages
afforded under the policies will not be cancelled or allowed to expire until at least 30 d.ays' prior written notice has been given to the
Contt2ctor. If any of the foregoing insurance coverages are required to remain in force after final payment and are reasonably
available, ;l.n additional certificate evidencing continuation of such coverage shall be submitted with the final application for payment
as required in Article 12. If my information concerning reduction of coverage is nOt furnished by the insurer, it shall be furnished by
the Subcontractor with reasonable promptness according to the Subconrr;Jcror's information and belief.
13.4 The Contractor shall furnish to the Subcontractor satist.lctOry evidence of insurance required of the Contractor under the
Prime Comract.
13.5 Waivers of Subrogation. The Contractor and Subcomractor 'Waive aU rights against (l) each other and any of their Subcontrac".
tors, Sub-subcontractors, agents and employees, each of the other, and (2) the Owner, the Architect,the Architect's consultants,
separate contractors, and any of their subcontractors, sub-subcontractors, agents and employees for damages caused by fire or other
perils to the extent covered by property insurance provided under the Prime Contract or other property insurance applicable co the
Work, except such rights as they ma)' have to proceeds of such insurance held by the Owner as fiduciary. The Subcontractor shall
require of the Subcontractor's Sub-subcontractors, agents and ernploy~s, by appropriate agreements, written where legally required
for validity, similar wnivers in favor of ocher parties enumerated herein. The policies shall provide such waivers of sllbrog.1cion by
endorsement or otherwise. A waiver of subrogation shall be effective as to a person or entity e\"en though char person or entity """ould
otherwise have a duty of indemnification, contractual or otherwise, did not pay the insurance premium directly DC indirectly, .and
whether or not the person or emicy had an insurdble interest in the property damaged,
13.6 The ContrJctor shall promptly, upon request of the SubcontC"Jcror, furnish a copy or permit a copy to be m:'lde of any pond
covering payment of obligations arLc;ing under the Subcontract.
13.7 This Subcontract does not require Performance andlor labor and Material Payment Bonds.
ARTICLE 14
TEMPORARY FACILITIES AND WORKING CONDITIONS
14.1 Unless otherwise provided in this Subcontract, the Contractor shall furnish and make available at no cost to the
Subcontractor the following temporary facilities and services: Normal electric power, water, and toilet facilities will be
provided to the subcontractor at no charge. Not Withstanding the above I subcontractor will be required to provide and
install temporary facilities or systems as delineated in their scope of work (Article 2 of this subcontract) or in the contract
documents. limited storage areas will be made available to the subcontractor as directed by the Genera' Contractor.
Subcontractor's employees shall park vehicles only at locations directed by the General Contractor. Security for stored
materials, tools, and equipment will be the responSibility of the subcontractor. Unloading, material handling, and hoisting
for work of this subcontract will be the responsibility of the subcontractor. The subcontractor will clean up after his own
work, as well as dispose of any packaging materials or other rubbish which he has generated. All waste, rubbish, and
unsuitable meterial shall be legally disposed of off the site by the subcontractor.
14.2 Specific working conditions: See Pages 9a and 9b of this Subcontract Agreement.
AlA DOCUMENT A401 . CO:--:TR.~CTOR.SL'IKO:-lTRACTOR AGRF.E:-'IEi'tT 'l~'EJ.FTH El)ITIO~' AIA!- . l.I\)8-
THE A,\IERICA.:\ lSH1TL'TE OF ARCHITECTS. \-!>" NI::W YORK A\'EKCE:, N.W'.. W'A.."Hl:'-lGTO:\, D,C. 211\10(,
A401.1987 9
ARTICLE 14.2 - WORKING CONDITIONS
14.2.1 This project is being administered by our Project Manager, Walter V. HBud" Jones. All inquiries should be directed to Mr. Jones. Our Site
Superintendent is Joe Cicierski. The job telephone number is not available at this time.
14.2.2 Subcontractor shall comply with all requirements of the Right-Ta-Know Act and MUST supply a copy of their Written Hazard
Communication Policy and MSDS information for all hazardous material to be used on THIS project. This data must be received by our
Safety Director PRIOR to any work being performed on this job. Any fines and penalties imposed upon and collected from the General
Contractor which result from the failure of the subcontractor to comply with laws and regulations pertaining to the Right-To-Know Act,
hazardous communications, and other similar regulations, shall be reimbursed by the subcontractor to the General Contractor and the
General Contractor is authorized to unilaterally deduct such sums from the Subcontract Sum.
14.2.3 Subcontrac:tor shall be responsible to perform all work in a safe manner in compliance with OSHA Regulations and any special safety
requirements of the Owner. Subcontractor shall adhere to a proper Assured Grounding Program. Any fines and penalties imposed upon
and collected from the General Contractor which result from the failure of the subcontractor to comply with laws and regulations pertaining
to OSHA or other similar regulations, shall be reimbursed by the subcontractor to the General Contractor and the General Contractor is
authorized to unilaterally deduct such sunis from the Subcontract Sum.
14.2.4 Subcontractor shall promptly forward submittals to the General Contractor for approval.
* Shop Drawings. eight (8) prints; two (21 copies will be returned.
.. Catalog Cuts - eight (8) copies; two (2) copies will be returned.
14.2.5 Subcontractor is required to prepare as.built drawings, maintenance manuals, operating instructions, and deliver warranties covering his
work. As-built drawings shaH show any deviations from the contract documents and provide specific dimensional locations for hidden
features which may require later access.
14.2.6 Substitutions for specified products are only permitted when specifically requested and approved. Do not submit shop drawings or catalog
information for substitutions which have not been previously authorized.
(
, 4.2.7 Subcontractor shall provide products to be incorporated into the work of the project that are new, undamaged, and unused at the time
of the installation. unless otherwise indicated in the Contract Documents. Subcontractor shall produce, upon request, evidence supporting
the source of materials used in the work. The products provided under this Subcontract shall meet or exceed the quality specified in the
Contract Documents. The burden of proof of quality for aU products provided rests with the Subcontractor. The costs incurred for
substantiating quality shall be borne by the Subcontractor. If the Owner accepts substituted materials of a lesser quality than specifjed~
the Owner shall be entitled to a credit equal to the difference in cost of the products specified and the products provided.
, 4.2. 8 Subcontractor fully warrants and guarantees for the benefit of the Owner as purchaser the effectiveness, fitness for the purpose intended,
quality and merchantabllity of any item provided and/or installed by such Subcontractor.
14.2.9 Subcontractor shall comply with, but not be limited to, the following:
All applicable codes, regulations, and requirements of government bodies and utilities having jurisdiction or authority
Anti.Pollution Requirements - Act 247
Underground Utilities - Act 267
Non-Discrimination Provisions regarding employment, purchasing of materials, and engaging the services of others
, 4.2. 1 0 Subcontractor shall not incorporate in the work nor permit to be brought to the site any materials or substances which are considered
"hazardous materials" or "toxic materialsn as defined or designated under any act, statute, code, regulation, or ordinance promulgated by
any federal, state, or local body.
, 4.2.11 Subcontractor shall dispose of any "hazardous materials", ntoxic materials", or any other materials or substances requiring special disposal
procedures in a proper legal manner. "Hazardous materials", "toxic materials", and "proper disposal" shall be defined in accordance with
all acts, statutes, codas, regulations, or ordinances promulgated by any federal, state, or local body.
, 4.2.12 The subcontractor is advised that the Owner and General Contractor have filed a STIPULATION AGAINST LIENS covering the site of the
work in the office of the Prothonotary in the county where the work is to be performed. This Stipulation Against Liens was filed prior to
authorization to proceed with the work. This Stipulation Against Liens waives the right of the General Contractor, all subcontractors, and
all material suppliers to place a lien on this property.
14.2.13 Subcontractor shall comply with the Drug and Alcohol Policies of R. S. Mowery & Sons, Inc. and the Owner.
14.2.14 Smoking is not permitted in the building when wall construction begins.
14.2.' 5 Subcontractor shall not erect any signs on the property. Signage mounted on trailers will be permitted.
9a
14.2.16 Subcontractor shall obtain and pay for any permits, licenses, and certificates required by Law and/or any public authority for the proper
execution and completion of its work. Subcontractor shall furnish proof of payment for al1 such permits, licenses, and certificates, or proof
that no permits, licenses, or certificates are required. This provision does not apply to the Building Permit. Subcontractor shall give all/
notices and comply with all applicable laws, ordinances, regulations, rules, and orders of any public authority bearing on the performance
of the work. If Subcontractor observes that any of the Contract Documents are at variance therewith in any respect, it shall promptly
notify the Contractor in writing. If Subcontractor performs any work knowing it to be contrary to such applicable laws, ordinances,
regulations, rules, or orders, it assumes full responsibility therefore and shall bear all costs attributable thereto.
14.2.17 Subcontractor's mark.up covering overhead and profit on change orders shall conform to the following:
aJ 6% on the net cost of additional labor and material performed by the Subcontractor's own forces
bl 6% on the net cost of work performed by Subcontractor's sub-subcontractors.
cJ 6% on the net credit of labor and material for work deleted from the Subcontractor's work which would have been performed
by Subcontractor's own forces.
d) 6% on the net credit of work performed by Subcontractor's sub-subcontractors.
14.2.18 General Contractor shall be advised of any sub~subcontractors to be engaged by the Subcontractor. Sub-subcontractors Bre subject to
approval by General Contractor, which shall not be unreasonably withheld.
14.2.19 In the event the General Contractor is terminated by the Owner for any reason whatsoever, the subcontractor shall, upon request of the
Owner, continue to perform the work under this subcontract for the benefit of the Owner in accordance with the terms and conditions
thereof. Performance by the subcontractor to be subject to the condition that the Owner shall be responsible for those obligations of the
Contractor that accrue subsequent to the Owner's termination of the Contractor.
14.2.20 Subcontractor warrants and represents that the subcontractor shall not knowingly or negligently communicate or disclose at any time to
any person any information in connection with the work of this project, except as may be required to perform the work or by any applicable
law.
14.2.21 Subcontractor shall furnish, upon delivering signed subcontract, the name of one (1) individual who will act as Project Coordinator for the
Subcontractor. Phone numbers are to be provided such that the Project Coordinator, or his authori1:ed substitute, can be contacted at all
times by the General Contractor. I
14.2.22 AI/laws of the Commonwealth pertaining to regulations and conditions of employment shaff be observed, including labor Discrimination
Act 382, approved July 18, 1935, applicable to building construction.
14.2.23 AU provisions and regulations of the Federel and State Wages Acts shall be adhered to in the performance of this work.
14.2.24 Subcontractor shall promptly correct all work rejected by the Owner, Architect, or Contractor as defective or as failing to conform to the
Contract Documents, whether observed before or after substantial completion and whether or not fabricated, installed, or completed. All
defective or non.conforming work shall be promptly removed from the site. Subcontractor shall bear all costs of correcting such rejected
work. Should the Subcontractor fail to respond in an expedient manner, the Contractor may correct the work and deduct the cost from
the Contract Sum of this Subcontract.
14.2.25 If, within one year after the date of substantial completion and acceptance of all work performed under the Owner/Contractor Agreement
or within such longer period of time as may be prescribed by law or by the terms of any applicable special guarantee required by the
Contract Documents, any of the work is found to be defective or not in accordance with the Contract Documents, Subcontractor shall
correct it promptly after receipt of a written notice from the Contractor to do so. The Contractor shall give such notice promptly after
discovery of the condition. Subcontractor shall bear the cost of making good all work destroyed or damaged by such removal or correction.
14,2.26 If subcontractor receives any directive to perform additional work or modify the requirement of the work of this subcontract, the
subcontractor shall waive the right to additional compensation if he does not advise the General Contractor of any additional cost prior to
proceeding with the additional work or change.
14.2.27 All claims for additional costs, extensions of time or otherwise with respect to the work of this Subcontract shall be submitted to the
Contractor in the manner provided in the Contract Documents for like claims by the Contractor upon the Owner.
14.2.28 Subcontractor is without privity of Contract to the Owner and it agrees by signing this Subcontract that it neither acquires nor intends to
acquire any rights against the Owner on a third party benefiCiary theory or any others.
14.2.29 Subcontractor shall provide materials for the Owner's later use or as replacement materia) as required by the Contract Documents.
Subcontractor shall deliver to the Contractor's Superintendent or Project Manager such materials in the required quantities. At the time
of delivery, the Subcontractor shall provide a written description of each material provided and the quantities which shall be signed by the (
Contractor to acknowledge receipt.
9b
ARTICLE 15
MISCELLANEOUS PROVISIONS
15.1 Where reference is made in this Agreement to a provision of the General Conditions or another Subcontract Document,
the reference refers to that provision as amended or supplemented by other provisions of the Subcontract Documents.
15.2 Payments due and unpaid under this Subcontract shall bear interest from the date payment is due at such fate as the
parties may agree upon in writing or, in the absence thereof, at the legal rate prevailing from time to time at the place where the
Project is located.
15.3 If requested by the Contractor, the Subcontractor shall promptly furnish an all Inclusive list of sub-subcontractors employed
by the Subcontractor and all material suppliers of the Subcontractor. Absent a legitimate dispute, Subcontractor authorizes the
Contractor to issue joint checks to suppliers and sub-subcontractors when Subcontractor's account for this project is overdue or
Subcontractor fails to promptly pay sub-subcontractors or suppliers for work or materials for which the Subcontractor has received
payment from the Contractor. If the Subcontractor Is adjudged a bankrupt, or if he makes a general assignment for the benefit
of his creditors, or if a receiver is appointed on account of his insolvency, the Contractor is authorized to make payment of sums
properly due to all of Subcontractor's sub-subcontractors and material suppliers.
15.4 In the event of any breach of any provision of this Subcontract Agreement by Subcontractor, or the event of any breach
of any contract provision of any other contract between Contractor and Subcontractor, whether or not pertaining to this Project,
Contractor is hereby authorized at any time to withhold from the Subcontractor such amounts due to the Subcontractor under this
or any such contract as may be necessary to insure compliance with all terms of this or any such contract between Contractor
and Subcontractor, and as may be necessary to pay just claims for labor, services, rentals, and materials furnished in or about the
Work on this or any such contract. Contractor shall have the right to apply any such amount retained from the Subcontractor
directly to the payment of any such claims.
15.5 If the Subcontractor is adjudged a bankrupt, or if he makes a general assignment for the benefit of his creditors, or if a
receiver is appointed on account of his insolvency, or if he fails to make proper payment to sub-subcontractors and material
suppliers for services, materials, or labor, or persistently disregards laws, ordinances, rules, regulations, or orders of public authority
having jurisdiction, then the Contractor may, without prejudice to any right or remedy and after giving the Subcontractor and his
Surety, if any, seven (7) days' written notice, during which period the Subcontractor fails to cure the violation, terminate this
Subcontract and take possession of all materials, equipment, tools, construction equipment and machinery thereon owned by the
Subcontractor and may finish the Work by whatever reasonable means the Contractor may deem expedient. A written notice of
termination shall be issued by the Contractor to the Subcontractor at the time the Subcontract is terminated. The Subcontractor
shall not be entitled to receive any further payment until the Work is finished, nor shall the Subcontractor be relieved of their
obligations under the Subcontract. The Contractor may avail itself of any remedies as are reasonably necessary to maintain the
Schedule of the Work. The Contractor may offset against any sums due or to become due the Subcontractor under this
Subcontract all costs incurred in pursuing such remedies including, but not limited to, reasonable overhead, profit, and attorney
fees. The Subcontractor shall be liable for payment of any amount by which such expense may exceed the unpaid balance of the
Subcontract Sum, and this obligation for payment shall survive termination of the Subcontract. If the unpaid balance of the
Subcontract Sum exceeds the cost of completing the Subcontractor's Work. and other damages incurred by the Contractor, such
excess shall be paid to the Subcontractor.
ARTIC LE 16
ENUMERATION OF SUBCONTRACT OOCUMENTS
16.1 The Contract Documents, which constitute the entire Agreement between the Owner and Contractor, are listed in
Article 1. and the documents which are applicable to this Subcontract, except for Addenda and Modifications issued after execution
of this Subcontract, are enumerated in the listing of the Contract Documents attached hereto as Attachment liB". We have
forwarded with this Subcontract those drawings and specifications which we deem appropriate to this Work. A full complement
of the Contract Documents is available for your inspection at the site and at the Contractor's home office.
This Agreement entered into as of the day and year first written above.
TOa \ I~tA;VATING CO" INC.
:;;;;;37("WO
SUBCONTR
Bruce G. Rosendale, Executive Vice President
(Printed name and title)
1f.ffRe'Y A I>JAL/LtiZ
(Printed name and tit/e)
/Jit:c' Pf?fJ/I)(NT
AlA DOCUMENT A4D1 . CONTRACTOR-SUBCONTRACTOR AGREEMENT. TWELFTH EDITION. AIAi!l . c1.987
tHE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006
A401.1987
10
ATTACHMENT "A"
INSURANCE COVERAGE REQUIREMENTS
13.1.1 Prior to starting work, the Subcontractor shall obtain the required insurance from a responsible insurer, and shall furnish
satisfactory evidence to the Contractor that the Subcontractor has complied with the requirements of this Article 13.
Similarly, the Contractor shall furnish to the Subcontractor satisfactory evidence of insurance required of the Contractor
by the Contract Documents.
13.1.2 The Contractor and Subcontractor waive all rights against each other and against the Owner, the Architect, separate
contractors and all other subcontractors for damages caused by fire or other perils to the extent covered by property
insurance provided under the General Conditions, except such rights as they may have to the proceeds of such insurance.
While performing the Work of this Subcontract, the Subcontractor shall maintain, at their own cost and expense, the
following insurance in a company or companies licensed to do business in the state or municipality where the project is
located.
1 . Comorehensive or Commercial General Liabilitv Insurance on an occurrence basis including coverage for direct
operations, sublet work, demolition and wrecking. and contractual liability with limits not less than stated below:
a. General Aggregate $1,000,000
b. Products & Completed Operations Aggregate $1,000,000
c. Personal & Advertising Injury Aggregate $1,000,000
d. Each Occurrence $1 ,000,000
2. AutomobUe LiabiUtv lnsurance including coverage for owned, non-owned, and hired vehicles with limits not less
than stated below:
a.
Combined Bodily Injury & Property Damage
$1,000,000 each occurrence
3.
Excess Liabilitv Insurance
$2,000,000 each occurrence/aggregate
4. Workers' Comoensa1lon and EmDlover's Liabilitv Insurance
a.
b.
Worker's Compensation - Statutory
Employer's Liability:
Amounts & coverage as required by law
1.}
2.1
3.)
Each accident
Disease-policy limit
Disease-each employee
$100,000
$500,000
$100,000
'R. S. Mowery & Sons, Inc., and The Home Depot USA. Inc., shall all be named as additional insureds on each of these policies
except for Workers' Compensation. All insurance policies shall contain a provision that the coverages afforded thereunder shall
not be cancelled, nor modified, until at least thirty 130) days' prior written notice has been given to R. S. Mowery & Sons, Inc.
A Certificate of Insurance shall be filed with R. S. Mowery & Sons, Inc., prior to the commencement of your work.
ATTACHMENT "S"
Project:
The Home Depot Store No. 4149
1013 South Hanover Street, Carlisle, PA 17013
RSM Job No. 3765
Owner:
The Home Depot USA, Inc.
3096 Hamilton Boulevard
South Plainfield, NJ 07080
Contractor:
R. S. Mowery & Sons, Inc.
1000 Sent Creek Boulevard
Mechanicsburg, PA 17050
Contract Documents
SPECIFlCA lIONS
REV00002 10/01/03 Contract Date Clarification
REVTable 12/15/03 Table of Contents
REVlnvite 11/24/03 Invitation to Bid
HDINSBDR 08/01/98 Instructions to Bidders
REV Prop 11/24/03 Bid Proposal Form
HDSTIPSM 02/07/02 Agreement Between Owner and Contractor - Stipulated Sum
THD00009 04/01/03 General Conditions Table of Articles
TH DOOOl 0 06/20/03 General Conditions of the Contract for Construction
THD00012 11/24/03 Drawings and Revisions to Drawings
TDH00019 04/23/02 Geotechnical Reports:
Geotechnical Study, Proposed Home Depot Development, Carlisle Borough, Cumberland County,
Pennsylvania, prepared by NTH Consultants, Ltd., dated November 24, 1999 (Hard copy on Iy)
Phase 1 Environmental Site Assessment prepared for Olympic Realty and Development Corporation
and Appendices, dated November 10,1999
Supplemental Percolation Testing & Earthwork Specifications prepared by BL Companies, dated
February 17, 2000
Ground and Airborne Vibration Monitoring Plan, Home Depot Project, Carlisle, Pennsylvania,
prepared for NTH Consultants, Ltd. by Vibra-Tech Engineers, Ine., dated June 5, 2000.
DIVISION 1 - GENERAL REQUIREMENTS
THD01000 10/02/01 Special Conditions w/ Attachments (AlA Document G702 - Application and
Certificate of Payment Continuation Sheet - HD920911)
Furnished-By-Owner (FBO) Items
(FBO) Furnished-By-Owner Items - Electrical
THD01009
THD01010
09/01/01
04/02/02
The Home Depot Store No. 4149 (#3765)
Subcontract Attachment "B" - Page 1 of 11
THD01011 09/01/01
THD01012 04/30/02
THD01013 OS/20/02
THD01014 OS/20/02
REV01030 10/15/02
THD01200 03/17/03
REV01300 10/01/03
THD01411 12/06102
THD01425 09/01/01
THD01430 09/01/01
THD01500 02/18/03
THD01630 09/01/01
THD01700 09/01/01
THD01730 09/01/01
THD01800 09/01/01
DIVISION 2 - SITEWORK
REV02000 04/30/03
REV02050 04/30/03
REV02200 11/24/03
REV02210 04/30/03
REV02251 04/30/03
REV02260 04/30/03
REV02261 04/30/03
REV02270 04/30/03
REV02321 04/30/03
REV02446 04/30/03
REV02S13 04/30/03
REV02528 04/30/03
HNE02530 04/30/03
REV02550 04/30/03
REV02580 04/30/03
REV02721 04/30/03
REV02810 04/30/03
REV02920 04/30/03
The Home Depot Store No. 4149 (#3765)
(FBO) Fumished-By-Owner Items - Mechanical
TPO Roofing Installation (FBO)
Fire Alarm (FBO)
Fire Protection (FBO)
Alternates
Project Meetings
Submittals
Testing and Inspection
Roof Testing and Inspection Service
Surveying
Temporary Construction Facilities
Substitutions and Product Options
Project Closeout
Operations and Maintenance Data
Abbreviations and Definitions
Site Work - Division of Responsibility
Demolition
Earthwork
Rock Excavation
Termite Control
Modular Retaining Wall System
Gabion Retaining Wall System
Erosion and Sedimentation Control
Pipe Liner
Site Chain Link Fencing and Gates
Asphalt Concrete Paving
Concrete Curbs and Sidewalks
Metal Guide Rail and Concrete-Filled Steel Bollards
Site Utilities
Pavement Markings
Storm Drainage System
Fine Grading, Temporary Grassing and Erosion Control
Soil Preparation
Subcontract Attachment US" - Page 2 of 11
REV02930 04/30/03
REV02940 04/30/03
REV02950 04/30/03
DIVISION 3 - CONCRETE
THD03300 05/30/03
THD03360 05/30/03
THD03390 05/30/03
THD03410 09/01/01
DIVISION 4 - MASONRY
THD04100 09/01/01
THD04230 09/01/01
GFA04435 OB/22/02
DIVISION 5 - METALS
THD05120 03/17/03
THD05220 02/1B/03
THD05300 09/01/01
THD05400 09/01/01
THD05501 03/17/03
THD05580 09/01/01
DIVISION 6 - WOOD AND PLASTICS
THD06100 09/01/01 Rough Carpentry
THD06402 02/14/02 Interior Architectural Woodwork
DIVISION 7 - THERMAL AND MOISTURE PROTECTION
THD07201 09/01/01 Miscellaneous Building Insulation
THD07216 09/01/01 Masonry Insulation
THD07270 09/01/01 Firestopping
THD07406 03/17/03 Metal Roofing
THD07534 03/17/03 Single-Ply TPO Membrane Roofing (FBO)
THD07600 04/17/03 Flashing and Sheet Metal (FBO)
THDOn01 09/01/01 Roof Accessories
THD07901 05/30/03 Joint Sealers/Fillers
DIVISION 8 - DOORS AND WINDOWS
THD08110 09/01/01 Steel Doors and Frames
THD08331 03/17/03 Overhead Doors
.1
The Home Depot Store No. 4149 (#3765)
Lawns and Sod
Landscape Planting
Trees, Shrubs, Vines and Groundcover
Cast-in-Place Concrete
Special Concrete Floor Finishes
Slab on Ground
Prestressed/Precast Concrete Hollow Core Walls
Mortar and Grout
Reinforced Unit Masonry
Cast Stone
Structural Steel
(FBO) Steel Joists (Vulcraft)
(FBO) Metal Roof Deck (Vulcraft)
Cold Formed Metal Framing
Metal Fabrications
Sheet Metal Fabrications
Subcontract Attachment "B" - Page 3 of 11
THD08332 09/01/01
GFA08333 09/14/01
THD08412 04/17/03
THD08425 04/23/02
THD08460 04/23/02
THD08700 02/18/03
THD08800 04/17/03
DIVISION 9 - FINISHES
THD09260 04/17/03
THD09310 09/01/01
THD09510 09/01/01
THD09653 09/01/01
THD09900 09/17/03
THD09985 09/01/01
THD09990 09/01/01
DIVISION 10 - SPECIALTIES
THD10166 08/05/02
THD10539 09/01/01
THD10606 09/01/01
THD10609 09/01/01
THD10810 11/22/02
THD10999 09/01/01
DIVISION 11 - EQUIPMENT
THD11160 08/20/02
DIVISION 12 - FURNISHINGS
Not Used
DIVISION 13 - SPECIAL CONSTRUCTION
THD13128 01/28/02 Metal Garden Canopy, Seasonal Shade Structure, and Rainshield (F80)
DIVISION 14 - CONVEYING SYSTEMS
Not Used
DIVISION 15 - MECHANICAL
THD15010 09/01/01
THD15050 09/01/01
THD15140 09/01/01
The Home Depot Store No. 4149 (#3765)
Overhead Coiling Security
Overhead Doors: Garden Center
Aluminum Entrances and Storefronts
(FBO) Automatic Sliding Doors (Stanley Diamond Series)
(FBO) Contractor Doors (Stanley Double Diamond)
Finish Hardware
Glass and Glazing
Gypsum Drywall
Ceramic Tile
Acoustical Ceilings
Vinyl Base
Painting (last page dated 09/01/01)
Fiberglass Reinforced Panels
Bullet Resistant Fiberglass
Toilet Partitions
Overhead Support Canopies
Chain Link Fencing and Gates (Garden Center)
Security Chain Link Fencing
Toilet Accessories
Miscellaneous Items
Loading Dock Equipment
Mechanical General Requirements
Basic Materials and Methods
Supports and Anchors
Subcontract Attachment UB" - Page 4 of 11
THD15250 09/01/01
REV15315 04/01/03
THD15400 09/01/01
THD15610 09/01/01
THD15620 09/01/01
THD15630 09/01/01
THD15733 02/18/02
THD15850 09/01/01
THD15880 09/01/01
THD15952 09/01/01
THD15990 09/01/01
DIVISION 16 - ELECTRICAL
THD16010 09/01/01
THD16015 09/01/01
THD16020 09/01/01
THD16025 09/01/01
THD16030 09/01/01
THD16040 09/01/01
THD16l00 09/01/01
THD16101 09/01/01
THD16ll0 09/01/01
THD16112 09/01/01
THD16120 09/01/01
THD16130 09/01/01
THD16140 09/01/01
THD16150 09/01/01
THD16405 09/01/01
THD16411 09/01/01
THD16441 09/01/01
THD16450 09/01/01
THD16501 09/01/01
THD16620 09/01/01
THD16626 09/01/01
THD16700 09/01/01
The Home Depot Store No. 4149 (#376S)
HVAC Insulation
FBO Fire Sprinklers (Electrical)
Plumbing
(FBO) Unit Heaters
(FBO) Radiant Heaters
(FBO) Evaporative Coolers
(FBO) Novar Rooftop Units (Trane)
Fans
Air Distribution
Controls
Test, Adjust, and Balance
General Provisions
Definitions
Work Included
Work Not Included
Tests
Identifications
Basic Materials and Methods
Substitution Request Form
Raceways
(FBO) Flexible Wiring System (Lithonia)
Wire and Cables
Outlet Boxes and Junction Boxes
Switches and Receptacles
Motors
(FBO) Prefabricated Power Center (PPC)(GE)
Primary Service
TVSS System (GE)
Grounding
(FBO) Lighting (Lithonia)
Emergency Electrical Generating System
(FBO) Automatic Load Transfer (GE)
Communication System (Telephone)
Subcontract Attachment "8" - Page 5 of 11
REV16720
REV16727
THD16856
04/23/03
04/23/03
09/01/01
Fire Protection Supervisory / Life Safety System
Security System
Electric Heating Cables
APPENDIX
A. New Store Checklist
B. Work Directive
C. Substantial Completion Checklist
D. Request for Information Form
E. Ariba Enterprise Sourcing - Supplier User Guide
F. Subcontractor's Progress Payment Claim Release and Lien Waiver
ADDENDA
No. 1-R - dated October 14, 2003 - Text Page (1), 8Y," X 11" Drawing HL-l
No.2-R - dated October 14, 2003 - Text Pages (2), Table of Contents, Invitation to Bid, Bid Proposal, Section
01030 - Alternates
No.3-R - dated November 14, 2003 - Text Pages (2) (no attachments)
No.4-R - November 25,2003 - Text Page (Memo - 1), Table of Contents, Invitation to Bid, Bid Proposal,
Section 02200 - Earthwork, Exhibit "B" Drawings and Revisions to Drawings List
No. 5-R - November 25,2003 - Text Page (1), SK-l, Fence Cut Sheet
No.6-R - December 2,2003 - Text Page (1)
The Home Depot Store No. 4149 (#3765)
Subcontract Attachment "B" - Page 6 of 11
DRAWINGS
If Drawing Drawing Latest Date
Number Drawing Title Date Revision Received
DAUPHIN ENGINEERING - OFF-SITE CONSTRUCTION PLANS
1 Title Sheet . 8/13/01
2 Subdivision Plan - Existing Condition 8/13/01 7/25/03
3 Subdivision Plan - Proposed Condition 8/13/01 7/25/03
4 Site Plan - Existing Condition 8/13/01 7/25/03
5 Master Site Plan - Proposed Condition 8/13/01 7/25/03
6 - 13 Site Plan - Proposed Condition 8/13/01 7/25/03
14 Overall BMP Plan 8/13/01 7/25/03
15 - 22 Site Grading, Drainage & Utility Plan 8/13/01 7/25/03
26 - 29 Erosion Control Plan (Initial Stages) 8/13/01 7/25/03
30 Overall Erosion Control Plan (Final Stages) 8/13/01 7/25/03
31 - 34 Erosion Control Plan (Final Stages) 8/13/01 7/25/03
35 Overall Erosion Control Plan (Phasing) 8/13/01 7/25/03
36 Landscape Plan 8/13/01 7/25/03
37 Site Lighting Plan 8/13/01 7/25/03
38 - 46 Profiles 8/1 3/01 7/25/03
47 - 49 Highway Access Site Plan 8/13/01 7/25/03
50 - 52 Highway Access Grading Plan 8/13/01 7/25/03
53 - 62 Highway Cross Sections 8/13/01 7/25/03
63 - 66 Signal Plan 7/26/01
67 - 69 Traffic Control Plan 8/13/01 7/25/03
70 Signing and Marking Plan 8/13/01 7/25/03
71 - 81 Miscellaneous Construction Details 8/13/01 7/25/03
82 Additional Conditions Notes Plan 8/1 3/01 7/25/03
BL COMPANIES - ON-SITE CONSTRUCTION PLANS
Title Sheet 4/30/03 10/03/03
C-1 Existing Conditions / Demolition Plan 4/30/03 10/13/03
" C-2 Site Plan 4/30/03 10/03/03
The Home Depot Store No. 4149 (#3765)
Subcontrad Attachment "B" - Page 7 of 1 1
Drawing Drawing Latest Date
Number Drawino Title Date Revision Received
C-3 Grading 'and Stormwater Plan 4/30/03 10/03/03
C-4 Infiltration Area Detail 4/30/03 10/03/03
C-5 Infiltration Area Detail 4/30/03 10/03/03
C-6 Storm Schedules 4/30/03 10/03/03
C-7 Site Utilities Plan 4/30/03 10/03/03.
C-8 Construction Notes 4/30/03 10/03/03
C-9 Landscaping Plan 4/30/03 10/03/03
C-l0 Overall Erosion Control Plan Initial Stages 4/30/03 11/24/03
C-ll Overall Erosion Control Plan Final Stages 4/30/03 11/24/03
C-12 Erosion Control Notes 4/30/03 11/24/03
C-13 Overall Erosion Control Plan Phasing 4/30/03 10/10/03
C-14 Erosion Control Details 4/30/03 11/24/03
C-15 - 16 Erosion Control Details 4/30/03 10/03/03
C-17 - 22 Details Sheet 4/30/03 10/03/03
C-23 Vortechnic Unit Detail Sheet 4/30/03 10103/03 -
C-24 Wetland Planting Plan 4/30/03 1 0/03/03
C-25 Storm Profiles 5/14/03 10/03/03
C-26 Storm Profiles 5/14/03 1 0/03/03
C-27 Add Alternate Storm Profiles 5/14/03 10/03/03
GROVE MILLER - TRAFFIC PLANS
1 - 10 5/29/03
GREENBURG FARROW - BUILDING PLANS
Architectural
CSl Cover Sheet 4/17/03 11/24/03
SP1 Site Plan 4/17/03
Al.0 Partial Floor Plan 4/17/03 11/24/03
AU Partial Floor Plan 4/17/03 5/30/03
A2.0 Partial Roof Plan 4/17/03 5/30/03
The Home Depot Store No. 4149 (#3765)
Subcontract Attachment "B" - Page 8 of 11
II Drawing Drawing Latest Date
Number Drawinq Title Date Revision Received
A2.1 Partial Roof Plan 4/17/03 5/16/03
A3.0 Exterior Elevations 4/17/03 11/24/03
A4.0 Enlarged Plan - Front End/Canopy 4/1 7/03 5/30/03
M.l Enlarged Plan & Details - Truck Dock 4/17/03 5/30/03
A4.2 Enlarged Plan - Office Area 4/17/03 5/30/03
A4.3 Enlarged Plan & Interior Elevations - Restrooms 4/1 7/03 5/16/03
A4.4 Enlarged Tool Rental Center Plans and Details 4/17/03 5/30/03
A5.0 Interior Sections - Partition Types 4/17/03 5/30/03
A6.0 Door and Room Finish Schedule 4/17/03 5/30/03
A6.1 Door Details 4/17/03 5/30/03
A6.2 Garden Center Fence Details 4/17/03 11/24/03
A7.0 Sections & Details - Dock / G.C. Canopy 4/17/03 5/30/03
A7.1 Sections & Details - Lumber Exit Canopy 4/1 7/03 5/30/03
A7.2 Sections & Details - Vestibules / Canopy 4/17/03 5/30/03
A8,0 Sections & Details - Exterior 4/17/03 5/30103 -
AS.l Sections & Details - Exterior Stairs 4/1 7/03 5/16/03
SEl Sensormatic Details 4/17/03 5/16/03
Fl.0 Partial Fixture Plan (for reference only) 4/17/03 5/16/03
Fl.l Partial Fixture Plan (for reference only) .
4/17/03 5/16/03
Structural
51.0 General Notes & Typical Details 12/13/01 4/23/03
52.0 Foundation and Slab Plan 12/13/01 4/23/03
52.01 Garden Center Found. & Slab Plan, Notes, Schedules 12/13/01 4/23/03
52.1 Foundation Details 12/13/01 4/23/03
S2.1A Alternate Foundation Details 12/13/01 4/23/03
53.0 Roof Framing Plan 12/13/01 4/23/03
53.01 Garden Center Roof Framing Plan, Schedules, Notes 12/13/01 4/23/03
53.1 Roof Framing Details 12/13/01 4/23/03
II 53.2 Miscellaneous Sections and Details 12/13/01 4/23/03
The Home Depot Store No. 4149 (#3765)
Subcontract Attachment "B" - Page 9 of 11
Drawing Drawing Latest Date
Number Drawina Title Date Revision Received
Garden Center Structure
G1.0 Garden Center Key Plan 5/22/02 4/23/03
G2.0 Garden Center Column and Framing Plan 5/22/02 4/23/03
G2.2 Garden Center Elevations 5/22/02 4/23/03
G3.0 Miscellaneous Details 5/22/02 4/23/03
G3.1 Miscellaneous Details 5/22/02 4/23/03
G4.0 Garden Center Rain Shield Framing Plan 5/22/02 4/23/03
Plumbing
P1.0 Plumbing Floor Plan 4/17/03 5/16/03
P2.0 Plumbing Partial Plans 4/17/03 5/16/03
P2.1 Plumbing Tool Rental Center Plan, Risers & Details 4/17/03 5/16/03
P3.0 Plumbing Riser Diagrams & Schedules 4/17/03 5/16/03
P4.0 Plumbing Details 4/17/03 4/23/03 .
Mechanical
M1.0 Mechanical Floor Plan 4/17/03 5/16/03
M2.0 Enlarged Mechanical Plans & Details 4/17/03 5/16/03
M2.1 HV AC Toal Rental Center Plan & Details 4/17/03 5/16/03
M3.0 Mechanical Schedules & Details 4/17/03 5/16/03
Electrical
EM1.0 Energy Management Details (Novar) 1/26/02 4/23/03
EM2.0 Energy Management Details (Novar) 1/26/02 4/23/03
ESP1 Electrical Site Plan 1/26/02 4/23/03
E1.0 Symbols, Notes, Schedules 1/26/02 4/23/03
E2.0 Sales Area Lighting Plan 4/17/03 5/16/03
E2.01 Sales Area Lighting Plan & Details 4/17/03 5/16/03
E2.1 Office Lighting Plan & Details 4/17/03 5/16/03
(
The Home Depat Store No. 4149 (#3765)
Subcontract Attachment nBn - Page 10 of 11
II Drawing Drawing Latest Date
Number Drawina Title Date Revision Received
E3.0 Electrical Power Floor Plan 4/17/03 5/16/03
E3.01 Electrical Power Floor Plan 4/17/03 5/16/03
E3.1 Checkout Areas & Office Package Power Plans 4/17/03 5/16/03
E3.2 Electrical Power Details 4/17/03 5/1'6/03
E3.3 Electrical Power Roof Plan 4/17/03 5/1 6/03
E3.4 Electrical TRC 4/17/03 5/16/03
E4.0 Fan Pod and Rack Lighting Details 4/17/03 4/23/03
E5.0 Schematics, Lumber Door & Forklift Chargers 1/26/02
E6.0 Panel Schedules 4/17/03 5/16/03
E6.1 Panel Schedules 4/17/03 5/16/03
E7.0 Equipment and Vault Room Package 1/26/02 4/23/03
E7.1 Electrical Details 1/26/02 4/23/03
Ea.O One-Line Diagram 4/17/03 5/16/03 .
Ea.1 Prefabricated Power Center 4/17/03 5/16/03
-
Fire Protection (Fire Suppression Engineer)
FA1.0 Fire Protection Supervisory System Layout 4/1 7103 5116103
FA2.0 Fire Protection Supervisory System Riser 4117103 5/16/03
FA3.0 Fire Protection Supervisory System Details 4117103 5116/03
BA1.0 Intrusion Alarm Device Layout undated 4123/03
BA2.0 Intrusion Alarm Riser undated 4123J03
BA3.0 Intrusion Alarm Details undated 4123J03
BM.O Intrusion Alarm Details undated 4123/03
FP1.0 Site Fire Service Piping Plan undated 4123/03
FP2.0 Fire Sprinkler Piping Plan undated 4123/03
FP3.0 In-Rack Piping Plan undated 4123/03
FP4.0 Fire Sprinkler Details undated 4123/03
FP5.0 Fire Pump Service Piping Plan undated 4123/03
The Home Depot Store No. 4149 (#3765)
Subcontract Attachment '6" - Page 11 of 11
ATTACHMENT "e"
Construlltion Specification
Section 01000
SPECIAL CONDITIONS
CONSTRUCTION I STORE PLANNING I MAINTENANCE
DATE:
General Contractor
Altn: Project Manager
Dear:
It has been our policy to develop and maintain continuing relationships with our vendors. A business
relationship must provide both partners with benefits. We do appreciate your efforts in maintaining our New
Store schedules and keeping our costs as low as possible. In order to further strengthen our relationship, I
request your assistance in maintaining a policy that wili benefit both you the contractor and Home Depot.
Effective immediately, we expect you and your subs to purchase your material at The Home Depot. We will be
competitive with your current suppliers and we will provide you with the correct materials when you need them.
With our store count growing, there shouid be a store close by wherever you are building. Please contact the
Store Manager or "Homer" in each store in order to develop a strong contractor J supplier relationship. For all
new Home Depot Store Construction, we expect to be the supplier as a minimum for the following materials:
Metal Studs
Wood I Plywood
Vinyl Base
Ceramic Tile
Ceiling grid J Tile
FRP
Drywall
Insulation
Paint
Please advise me personally if you meet with any problems. Thank you for your efforts in maintaining our
reiationship.
Sincerely,
THE HOME DEPOT
Project Manager
cc: District Manager
Home Depot
Page 3 of 6
10/2/2001
ATTACHMENT "0"
York Excavating Co., Inc.
Home Depot Store #4149
RSM Job No. 3765
Continuation of Article 8.1 - The Work of this Subcontract
This scope of Work for sitework specifically includes, but is not limited to, the following:
I. On-Site, Mullen Property, and East Garland Drive (exclusive of Route 34 PennDOT work)
A. General Conditions
1. Mobilization and demobilization.
2. Supervision.
3. Layout (Benchmarks, property corners, and building corners will be provided by others.)
4. Safety and compliance with ail OSHA regulations.
8. Clearing and grubbing including disposal off-site.
C. Demolition, including disposal off-site.
1. Saw cutting and removing asphalt paving, curbs, sidewalks, concrete pads, and
foundations.
2. Verify, cut, cap, and remove existing utilities.
3. Structure demolition,
4. Leach field.
5. Bollards and guard rails.
6. Fencing and wood bins.
D. Erosion and Sediment Controis including installation, maintenance, and removal.
1. Silt fence.
2. Construction entrances.
3. Temporary berms.
4. Inlet protection.
5. Rock filters and barriers.
6. Sediment traps #2 and #3.
7 . Temporary risers.
8. Outlet structures.
9. Erosion controi blankets I matting.
10. Winter protection.
11. Temporary seeding.
12. By-pass and diversion channels.
13. Rip-rap.
14. Coffer dams, by-pass pumping, piping, and filter bags as required.
15. Temporary storm pipe.
16. Staging area.
1 7. Dust control.
18. Street sweeping.
Page 1 oj 6
E. Earthwork
"
1. Strip, stockpile, and replace topsoil and remove excess from site.
2. Unclassified excavations.
3. Site cut and fill.
4. Stabilization of on-site materials.
5. Import select fill as required.
6. Export unsuitable materials.
7. Rock excavation, bulk and trench.
B. Geotextile fabrics.
9. Compact and fine grade paving subgrade and building pad. Building pad will be provided
not later than May 1, 2004.
10. Excavate, fine grade, and provide stone for sidewalks, aprons, and concrete paving.
11. Excavate and backfill for foundations at building, garden center, loading dock, and
bollards.
12. Fine grade and provide stone for building slab, lumber pads, truck dock slab, garden center
slab, compactor pad, and generator/transformer slab. (Vapor barrier at building slab will
be provided by others.)
F. Stormwater System
1. Unclassified excavation and backfill.
2. Stone bedding.
3. Pipe and fittings.
4. Precast concrete inlets, catch basins, manholes, holding tanks, and end walls.
5. Vortechnic units.
6. Box culverts.
7. Infiltration areas complete, including piezometers and clean-outs to grade.
8. Bioretention areas complete, including monitoring wells. (Landscaping by others.)
9. Rip-rap aprons.
10. Filter fabric.
11. Cast-in-place end walls.
12. Roof drain collection system at rear of building, canopies in front of building, and garden
center canopies.
13. Catch basins in loading dock and garden center. (Trench drain in house plant area will be
by others.)
14. Testing.
G. Sanitary Sewer System
1. Unclassified excavation and backfill.
2. Bedding materials.
3. Pipe and fittings.
4. Removal and replacement of existing manholes including all by-pass pumping required to
complete the work.
5. Slip lining of existing sanitary sewer pipe.
6. Concrete encasement.
7. Tie-in to existing manhole.
B. Testing.
H. Water System
1. Unclassified excavation and backfill.
2. Stone bedding and thrust blocks.
3. Pipe, fittings, and valves.
Page 2 of 6
4. Fire hydrants including relocating existing.
5. Wet taps and tie-ins.
6. Concrete encasement.
7. Sanitizing and testing.
I. Gas Line
.
1. Unclassified excavation and backfill.
J. Electrical Service and Telephone Service
1. Unclassified excavation and backfill.
K. Asphalt Concrete Pavement including heavy-duty paving, light-duty paving, Houser Lane,
driveway off Houser Lane, Mullen property, and East Garland Drive.
1. 2A Modified Base.
2. BCBC.
3. 10-2 Binder.
4. 10-2 Wearing.
L. Pavement Markings, Signage, and Parking Bumpers
1. Parking lot striping.
2. Painted graphics including HC symbols, stop bars, cross hatching, cross walks, traffic lines
and lettering.
3. Vinyl graphics including arrows, cross hatching, and striping.
4. Traffic signs, including posts.
5. Handicap signs, including posts and footings.
6. Concrete curb stops.
M. Concrete Curbs and Flumes
1. Including excavation and backfill, stone base, form work, and concrete.
N. Sinkhole Remediation for12 sinkholes
O. Keystone Retaining Walls
1. Walls complete including engineering, excavation, backfill, reinforcing grid, and concrete
masonry units.
P. Gabion Basket Walls
Q. This Subcontract EXCLUDES the following:
1. All work in Route 34 right-of-way.
2. Landscaping and permanent seeding.
3. Fencing.
4. Guide rail.
5. Concrete work except as noted above.
6. Excavation and backfill for site lighting.
7. Bollards.
8. Cart corrals.
9. Permits and inspection costs.
Page 3 of 6
10. Compaction testing.
11. Tap-in fees.
12. Layout for foundations.
1 3. PPL pole relocation.
14. Downspout connections or adaptors,
11. Alternate No.1 - South Parcel
A, General Conditions
1. Mobilization and demobilization.
2. Supervision.
3. Layout (Benchmarks, property corners, and building corners will be provided by others.)
4. Safety and compliance with all OSHA regulations.
B. Clearing and grubbing including disposal off-site.
C. Demolition, including disposal off-site.
D. Erosion and Sediment Controls including installation, maintenance, and removal.
1. Silt fence.
2. Temporary berms.
3. Inlet protection.
4. Rock filters and barriers.
5. Sediment trap #1 .
6. Temporary riser.
7. Outlet structure.
8. Erosion control blankets / matting.
9. Winter protection.
10. Temporary seeding.
11. By-pass and diversion channels.
12. Rip-rap.
13. Temporary storm pipe.
E. Earthwork
1. Strip, stockpile, and replace topsoil and remove excess from site.
2. Unclassified excavations.
3. Site cut and fill.
4. Stabilization on on-site materials.
5. Import select fill as required.
6. Export unsuitable materials.
7. Rock excavation, bulk and trench.
8. Geotextile fabrics.
9. Compact and fine grade paving subgrade and building pad.
10. Excavate, fine grade, and provide stone for sidewalks and concrete paving.
F. Storm water System
1. Unclassified excavation and backfill.
2. Stone bedding.
3. Pipe and fittings.
4. Precast concrete inlets, catch basins, manholes, holding tanks, and end walls.
5. Vortechnic units.
Page 4 of 6
6. Box culverts.
7. Inflltration area complete, including piezometers and clean-outs to grade.
8. Rip-rap aprons.
9. FlIter fabric.
10. Cast-in-place end walls.
11. Testing.
G. Sanitary Sewer System
1 . Unclassified excavation and backfill.
2. Bedding materials.
3. Pipe and fittings.
4. Testing.
H. Water System
1 . Unclassified excavation and backfill.
2. Stone bedding and thrust blocks.
3. Pipe, fittings, and valves.
4. Fire hydrants including relocating existing.
5. Tie-ins.
6. Concrete encasement,
7. Sanitizing and testing.
I. Gas Line
1. Unclassified excavation and backfill.
J. Concrete Curbs
1. Including excavation and backfill, stone base, form work, and concrete.
K. Asphalt Concrete Paving
1, 2A Modified Base.
2. 10-2 Binder.
3. 10-2 Wearing.
L. Pavement Markings and Signage
1 . Parking space striping and cross hatching.
2. HC symbols.
3. Directional arrows.
4. Traffic signs, including posts.
5. HC signs, including posts.
M. Keystone Retaining Wall
1. Wall complete including engineering, excavation, backfill, reinforcing grid, and concrete
masonry units.
N. Alternate No.1 EXCLUDES the following:
1. Landscaping and permanent seeding.
2. Fencing.
Page 5 of 6
3: Concrete work except as noted above.
4. Excavation and backfill for site lighting.
5. Bollards.
6. Permits and inspection costs.
7. Compaction testing.
8. Layout for foundations.
10.2.3 Subcontract Sum Breakdown:
Demolition $ 90,000
Earthwork 1,790,000
Rock Excavation 200,000
Retaining Walls 55,000
Gabion Walls 25,000
Asphalt Paving 474,000
Site Concrete 100,000
Sinkhole Remediation 125,000
Storm System 1,400,000
Sanitary System 300,000
Water System 225,000
Gas 3,000
Pavement Markings 15,000
Site Electric 4,000
General Conditions 300,000
Foundation Excavation I Backfill 34,000
Stone Under Building 58,000
Alternate No.1 552.000
Total Subcontract Sum $ 5,750,000
Page 6 of 6
ATTACHMENT "E"
York Excavating Company, Inc.
Home Depot Store #4149
RSM Job No. 3765
Continuation of Article 9.1 - Date of Commencement and Substantial Completion
Article 9.1.1:
York Excavating Company, Inc. will perform the work in accordance with their schedule dated December
22,2003 (copy attached). In addition, York Excavating Company, Inc. agrees to the following:
On or before August 30, 2004, York Excavating Company, inc. will provide access to the building via
a hard surface road (minimum of stone base and asphalt binder course) adequate for the Owner's use.
On or before September 27,2004, (two weeks prior to Turnover), York Excavating Company, Inc.
will provide suitable hard surface area (minimum of stone base and asphalt binder course), for the hiring
trailer and associated parking.
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U.L/IU/U4 t'Kl 12:53 FAX 5582187
INSlmANCE & Sl~TY INC
141001
.AJ;DBQ. CERTIFIC~ rE OF'L1ABILlTY INSURMNCE .1 <JATE CMMlCDNrIYI
'" 01/16/2004
PR~ (717)763-1144 FAX (717)737~7062 nUS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
lNSURANCE & SURETY, INC. ONLY AND CONFERS NO RIGHTS. UPON THE CERTIFICATJ:
HOLDER. THIS CeRTIFICATE DOES NOT AMEND, EXTEND OR
3045 JolARKET STREET AL 'fER THE COVERAGE AFFORDED BY THE POUCIES BELOW.
POBOX 698 "
CAMP KILL, PA 17011-0698 INSURERS AFFORDING COVERAGE NAICII
INSURED INSURER A; PA NATIONAL I'4UTUAL CAS INS CO
York Excavating Company, Inc:. INSURERS:
3096 East Prospect Road INSURER c:
York, PA 17402-9;06 INSURERD;
INSURER E:
COVERAGES
THE POliCIES OF INSURANCI! WSTED BELOW HAVE BEI!N ISSUED TO THE INSURED NAMED ABOVE FOR THe POUCY PERIOO INDICA TED, NOTWITH$TAND1~
AHf REOUIREMENT. TERM OR CONDITION OF AHf CONlRACT Olt OTHER DOCUMENT WITH RESPECT TO WHICH 'THIS CERTIFICATE MAY BE ISSUeD OR
MAY PERTAIN, 'THE INSiJRANCE AFFORDED BY THe POUClES llI;SCRIBEO HEREIN IS SUBJECT TO ALl. THE 'TERMS, EXCLUSIONS AND CONDITIONS OF SUC'"
roUCIES, AGGREGATE UMITS SHOWN MAY HAVE BEEN REDUCED DI' PAID ClAIMS.
~~ Tll'E OFINSURANOE f'OUOVNUMBEt< pOuOY .FI'EC'I'tVE t'Ol.ICV EXPIRATION LIMITS
GSNIOW. LIABILITY CL900S550S 12131/2003 12/31/2004 EACH OCCURRB<<:E S 1,000,0
,.,.,... =ro RENlCC
X COMMEl'.C1Al GENeAAL lJABILrrY $ 100.0
I "'-"M'MAOE [!] OCCUR MED EXF' (Any one penon) s 5,0
A P.E;RSQNAL & AOV INJURY $ 1,000,0
'-- GeNEA.AlAOOREa.ATE s 2,000,0
c-
GliN'L AGGREGATE UMIT APPLIES PER PRODUCTS. COMPIOP AGG ; 2,000,0
IPoucv!Xlm [XlLOC
AUTOMOBILE UASIUTY AU900S550S 12/31/2003 12131/2004 COMBINED SINGLE L1Mrr
X_'I$TO (el 3eddenl) .
- 1,000,0
- AU- OWNEO AUTOS BOOlLY INJU!\Y
$
$CHEDUI.eO AUTOS (P!rpet!Ol'l)
A -
- HIRED AUTOS SOOIL Y INJU!\Y
$
NON-QWNED AUTOS (Per8~deno
-
, PROPERTY DAMAGE' $
(per accident)
GARAGE UABJUTY AUTO ONLY - V. ACCIDENT $
==I ANY AUTO OTHERTIlAN GA M;.C $
AUTO ONLY: AGG $
iJ~SlUMlIRELLA UABlclTY UL900S 5 50S 12/31/2003 12/31/2004 EACH OCCURRENCE $ 5,000,01
X OCCUR 0 CI.AIMS MAD!! AGGREGATE $ 5,OOO,OC
A $
=i ~EOUCl1BLE $
RETENTION $ $
WORKIiiRS COMPeNSATION AND I ,w:R\'sr~1l?'.1 10ll;<-
....LQYSR$' IlADlLITY E.c. EACH ACCIDENT
ANY PROPRJETORlPARTNER/EXECVl1VE $
OFFlCSllMEM\lER EXCLUDED? E.L DISEASE- eo. EMPlOYE! $
~d!!O'ibeW'ldel'
CIAL PR.OVlSIONS below E...L DISEASE. POLICY LIMIT Ii
OTHER
~eNPTlON OF OPEFcA,R3",S I LOCAnONS/VIiiHICL.eS J EXCLU5IONS ADDED BY ENDORSEMeNT I SPECIAL PRtMSlONS
& All lOBS CONTRACTS TAKEN THROUGHOUT THE INSURANCE YEAR. HOME DEPOT IN CARLlSLE, PA AND R.S.
!.lowERY & SONS INC., ARE INCLUDED AS ADDTIIONAl INSUREDS UNDER POUCY iF C190085508 AS PER STANDARD
ENDORSEMENT 710741.
CERTlF CATE HO DE
C
StoIDUl'D A>N OF1'HE ABOVE DESCRIBED POUClES BE CANCELLED BEI=ORE THE
SCPIRATlON DATE THEREOF, THE l$Sl.RNG INSURER
~OAYS\'IIO'I'1'ENNO'l'lCETO'I'HEC "'HO"'.R
IfOME DEPOT
1013 SOUTH HANOVER STREET
CARlISLE, PA 17013
.
ACORD 25 (2001/08)
__'_ .......011. rl1..6. I.nlUtSZ
INSURANCE & SURETY T"Ie
@001
AGQBQ. . CERTIFIC"" {E OF LlAB1LlTY INSURANCE . -, OATE IMMIOD/'N'f'f)
12/19/2003
I'RODUC&R (717)763-1144 FAJt (717)737-706Z THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
INSURANCE" SURETY, INC. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
)45 MARKET STREET HOLDER. THIS CERTIFICATE DOES NOT AMEND'JF~~gIOR
ALTER 1lfE COVERAGE AFFORDED BY THE; POU es LOW.
l' 0 BOX 698
CAMP HlLL, PA 17011-0698 INSUIlERS AFFORDING COVERAGE NAICIJ
INSIlR!D INSURER A: PA NATI:ONAl MUTUAL CAS INS CO
Yo~k Excavating Company, Inc. INSUIll!R B;
3096 East Prospect Road INSURER c:
Yo~k, PA 17402-9506 INSURI!R D:
INSURER. Ii:
..-
THE POUDIES OF INSURANCE USTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR TIiE POUCY PeAlOD INDICATED. NOTWITHSTANDlN
AN'( REQUIREMENT. TERM OR CONOmON OF />#( COl-lTRAC't OR OTHER OOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY !IE ISSUED OR
MAY PERTAIN. THE INSURANCE AFFORDED BY THE PO~ICIES DESCRIBED HEREIN IS SUBJECT TO AU. THE TERMS. EXCLUSIONS AND CONDI'TIONS OF SUCH
~ES. AGGREGAlE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
'HSR lYP~ OF INSUIlAr'CS POUCY N_ POUCY SFFECTM; POU PJRA I ll\m'S
~EtlI!RAI,UABI/.JTY CL90085S08 12/31/2002 12/31/2003 eACH OCCUiNCE & 1,000,000
X COMML'!RCIAL Gl!>IEML UABlLrrv DAMAGE TO TED S 100,00
1 ClAIMS IMDli 00 OCCVR NED EXP (MY tJM!~) $ 5,00
A I- PERSONAL & ADV INJVRY S 1. 000 00
I- GENERAL AGGREGATE S 2,000,001
n"AGmEi:J;AmPIi'" PRODUCTS. COOlPfQP tt.GG S 2,000,00(
POIJCY X JEer X l.OC
~IIOBILEUABllITY AU90085508 12/3112002 12/31/2003 COM8/N&D SINGLE UMrr
~ AIN AUTO I"o.".;,jonl) & 1.000,001
~ AU. OWNED AUTOS BOOllY INJURY
SCHecuLEO AUTOS (PerP9J$Oll) $
A -
- HIRIillAUTO'S BQ01I.YINJURY
if<c-<le<l9 S
- NCN-QINNEO AUTOS
PROPMTV DAMAGE $
(Per8CCidenl)
=rELlABIUTY AUTO' O'NL y. EA ACCIIlE~ S
AN'( AUTO O'''''!l''''iAN ....ACe &
AUTO O'NLY; AGO' &
ffi~RELLAUA8UJTI Ul90085508 12/31/2002 12131/2003 EACIi OCCURRENCE & 5,OOO,OOC
X OCCUR 0 CLAIMS MAD. AGGRliGATJi & ),OOO.OOC
A s
R OEDUC'J1/lLE S
RE'l'l;NTION $ &
WORKllllS COMPEI,s.:rnlll AND WC9008S508 12/3112002 U/n/2003 X I WCSTAT IO'J~.
EMPI.OI'E!<S' /JAE/U.l1Y /i.L. .ACH ACCIDIiNT 100.000
A AIN PROPRIETOM'AA'l'NEM!XECUTIVE S
Off'ilCER/MEMBER excwnem E.L DlSeASE- fA. EMPLOYE! $ 100.0001
It yes, de9crfbe under SOO , DOl
SPECIAl. PROVISIONS l;IEllow E.L. DJS6ASli - POUCV LIMIT S
O'TllII\
b~ESCRlPTION OF OPS~T:ONS I LOOA?Stf I VEHlC1f I EXCLU&lOHS ADDEP BY ENDORSEMENT 1 SPECIAL PROVISIONS
08: HOME DEPO . CARUSL PA, .5. MOWERY 8r SONS, INC. IS INCLUDED AS ADDITIONAL INSURED UNDER POUCY #
~L9008)S08 AS PER STANDARD ENDORSEMENT 710741.
ICArE HOLDER
~,
HOME DEPOT
SOI1TH HANOVER STREET
CARLISLE, PA 17013
ACORD 25 12001/08\
y.
YORK E XCAVATINGCOMPANY,INC.
C COMMERCIAL & INDUSTRIAL SITE SPECIALISTS - EXCAVATING - GRADING - PAVING - UTILITIES
\ \\Ai>(\) . 11 -09:;
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FAX COVER SHEET
TOo fROM: Vanessa Timmermans
_LFe, Wallsfi / i
COMPANY: ,DATE, December 19.2003
RS Mowery & Sons, Inc. t
I
,
FAX#: iPAGE(S):
717-506-1010 i 2 (INCLUDING THIS COVER)
PROJECT: IHARD COpy
Home Depot Carlsisle iTO FOLLOW: no
I
SUBJECT: Certificate of Insurance
COMMENTS:
Bud Jones, Jr.
Here is the Certificate of Insurance for Home Depot Carlisle.
Thank You,
Vanessa
IF YOU DO NOT RECEIVE ALL INFORMATION AS INDICATED
OR IF YOU RECEIVED THIS TRANSMISSION IN ERROR,
PLEASE NOTIFY OUR OFFICE IMMEDIATELY. THANK YOU.
3096 East Prospect Road, York, PA 17402-9506
Office (717) 755-0607 FAX (717) 755-4457
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MOWERV
R. S. MOWERY & SONS, INC
1000 BENT CREEK BLVD.
MECHANICSBURG, PA 17050
PHONE: 717.506.1000
FAX: 717.506.1010
rsm@rsmowery.com
FAX TRAN SM lIT Al
TO:
Jeffrey A. Walker, Vice President
York Excavating Co., Inc.
FAX:
717.755.0063
FROM:
Tracey A. Ott, Pre-Construction Administrator
DATE:
January 23, 2004
RE:
Home Depot Store No. 4149 - Carlisle, PA
RSMJob No, 3765
Palle 1 of 5 DaReS
We have acknowledged your addition of Attachment "E' to the Subcontract Agreement
for the referenced project and are forwarding these pages for your files.
cc: File - York Excavating
Bud Jones
Joe Cicierskl
Hard Copy to follow:
o Regular Mail
. None
o Hand Delivered
Contact our office immediately if this transmission is not legible.
Thank you.
General Construction' Construction Management. Design/Build
JHN-~~-~UUq rKI U!;jl rn K ~ nUWCKY & ~UN~
FAX NO. III bOB 1010
P. 02
ARTICLE 8
THE WORK OF THIS SUBCONTRACT
8.1 The Subcontractor shall execute the following portion of the Work deacribed in the Subcontract Documants, including all
labot, materials laa mey be raqulred to ba purchased from The Home Dapot as daacribed in Attachment "C" to thlB Subcontract},
equipment, Bervice. end other Itams required to completa such portion of the Work, except to the extent epecifically indicated In
. the Subcontract Documanta to be the responsibility of othars. The scope of Work for this. Subcontract oovers sitework as
delineated In Attachment "0" to this Subcontract.
ARTICLE 9
DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION
9.1 The Work to be performed under this Subcontract shall be oommenced as dlrectad by the Genaral Contractor and subject
to authorized adjustmentB. this Work shall be performed In sccordance with a schedule established by the General Contractor and
agreed to by the Subcontractor to permit substantial completion of the total project not later than August 30, 2004. to allow
turnover to tha Owner not later than Octobar 11. 2004. snd to allow for the Grand Opening not later than November 18, 2004.
"SEE AITACflMENT "E" i~V
9.2 Time is of the essence of this Subcontract,
9.3 No extension of time will be valid without tha Contractor's wrlttan consent after claim made by the Suboontractor in
aocordance with Paragraph 5.2,
ALA DOCUMENT A401 . CONTRACTOR.SUBCONTRACTOR AGREEMENT. TWELFTH EDITION. AIA-. '1987
THE AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK AVENUE. N.W" WASHINGTON. O.C. 20006
A401.1987 6
. .
(L~.~ 1,'j''C;,>, i"O)Y
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NOTICE OF INTENTION TO FILE
MECHANICS' LIEN CLAIM
AGAINST YOUR PROPERTY
To: HOME DEPOT USA, INC.
1013 South Hanover Street
Carlisle, PA 17013
You are hereby notified that York Excavating Company, Inc., 3096 East
Prospect Road, York, PA 17402, (717) 755-0607 is a subcontractor under a
contractual arrangement with your contractor R. S. Mowery & Sons, Inc., 1000
Bent Creek Blvd, Mechanicsburg, PA 17050 and has furnished labor and/or
materials in connection with the erection, construction, of an improvement to your
property at 1013 South Hanover Street, Carlisle, P A 17013, as more fully
described in the attached Exhibit A.
The labor and/or materials furnished by the subcontractor consisted of site
development, storm water system, water and sewer lines and paving. The
subcontractor's work was completed and the last of the specified labor and/or
materials was furnished by the subcontractor on June 8, 2005. The amount still
due and payable by the contractor to the subcontractor is $385,303.70.
Unless payment ofthe amount due is made within 30 days after service of
this formal notice on you, the subcontractor intends to file a mechanic's lien claim
for this amount against your property. The filing of the claim will result in a lien
against your property, and proceedings to enforce the lien may result in a
judgment against you and the forced sale of your property.
Date: June 20, 2005
KATHERMAN, HElM
& PERRY
, C. Heim
345 East Market Street
York, PA 17403
(717) 854-5124
Attorney for YEC
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
YORK EXCA VA TING CO., INC.
Plaintiff
CIVIL ACTION - LAW
vs.
NO. 05-3930 MLD Term
HOME DEPOT USA, INC.
Defendant
Mechanics' Lien
AFFIDAVIT OF RETURN OF SERVICE
A,,:r.J I$'M/') l.v ,being duly sworn according to law, deposes and says:
1. He is a competent adult, age ~ 6 years, who is not a party to the
above action.
2. On /::)""" 0/ ' 2005, at / c?/cl-' (hour), service
of the Mechanics',fien Claim and Notice of Filing of Mechanics' Lien Claim in the
above action was made by the undersigned by handing a copy to
k14rl.. /ee"/ /Y1 G.l"'-Adt~, who is ./2<;(/&,'}' AJ,.vT fA
(indicate whether person served is the named d fendant, and if not,
indicate the name of person a copy served and his relationship to the defendant ).
3. Service occurred at 1013 South Hanover Street, Carlisle, Pennsylvania,
which is defendant's place of business.
4.
(Spe"'" oth" fact< nee"",,>, to ,,"','" the roI" of '~~
~72 1~ 'L?P
Sworn and subscribed to
before me this ~.yh day
of August, 2005 ,
I~~'~~
. NOT Y UBLlC
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'J7""AL SEAl I
Dl~ i.if.... '_. U:"":0i.Yr. (\~U:.'\e1:V PUBLIC
WEST MANCrli:STER TWP., COUNTY OF YORK
MY COMMISSION EXPIRES OECEMBER 9. 2006
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L. C. Heim
KA THERMAN , HElM & PERRY
Attorney LD. No. 23155
345 East Market Street
York,PA 17403
(717) 854-5124
Attorneys for Plaintiff
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
YORK EXCA VA TING CO., INC.
Plaintiff
Civil Action - LAW
vs.
No. 05-3930 MLD Term
HOME DEPOT USA, INC.
Defendant
PRAECIPE TO SATISFY
To The Prothonotary:
Mark the docket in the above matter settled and satisfied.
DATE: October 18, 2005
,
.
CERTIFICATE OF SERVICE
The undersigned hereby certifies that a true and correct copy of the foregoing
was served upon the following person on this date by depositing a copy of same in
the United States mail, postage prepaid, addressed as follows:
Home Depot USA, Inc.
1013 South Hanover Street
Carlisle, P A 17013
DATE: 10/18/05
L. . Heim
Attorney for Plaintiff
J.D. No. 23155
KATHERMAN, HElM & PERRY
345 E. Market Street
York, Pa 17403
(717) 854-5124
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