HomeMy WebLinkAbout05-6763
.
MICHAEL L. BANGS, ESQUIRE
1.0, NO, 41263
429 SOUTH 18TH STREET
CAMP HILL, P A 17011
(717) 730-7310
HEMPT BROS" INC"
Plaintiff
ATTORNEY FOR PLAINTIFF
vs,
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)
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
NO, 2005 - (; '7 t3
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HOME DEPOT USA, INC"
Defendant
CIVIL ACTION - LAW
MECHANICS'LIEN
MECHANICS' LIEN CLAIM
Claimant, HEMPT BROS., INe., through the undersigned counsel, files this claim
against the improvements and property at 1013 South Hanover Street, Carlisle, Pennsylvania,
17013, for the debt due to claimant as a subcontractor for labor and materials supplied by
claimant in the erection and construction of the improvements thereon, and in support makes the
following statement:
I, The owner of the property is HOME DEPOT USA, INC" with a business address at
1 0 13 South Hanover Street, Carlisle, Pennsylvania,
2, The improvements and the property which are subject to the claim are certain site
development, storm water system work, concrete pavement and installation, paving and seeding
and other materials in accordance with the terms of a certain subcolltract with R.S, Mowery &
Sons, Inc., which were made on the property 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 and marked as Exhibit A.
I
,.
3. The labor and materials for which the debt is due were furnished by claimant for the
sum of$I,628,897.67 pursuant to a written contact dated January 6, 2004, with R,S, Mowery &
Sons, Inc., who contracted directly with the owner. A copy ofthe written contract betweell the
claimant and R.S. Mowery & Sons, Inc" is attached as Exhibit B.
4, The labor and materials furnished by claimant under this contract consisted of site
development, storm water system work, concrete pavement and installation, paving and seeding
and other materials in accordance with the terms of the contract,
5, Claimant completed the work on September 2,2005 which is less than four months
before the filing of this claim,
6, Written formal notice of the claimant's intention to file this claim was served 011 the
owner by certified mail on November 7, 2005, more than thirty days before the date ofthe filing
of this claim, A copy of the formal notice is attached as Exhibit C,
7. This claim is made for $86,761.17, the amount due and owing claimant at the time of
sellding of the notice of intention to file mechanics' lien claim. Claimant has received an
additional payment and the appropriate credit will be made toward the outstanding claim.
Respectfully submitted,
MICHAEL L. BANGS
Attorney for Plaintiff
429 South 18th Street
Camp Hill, PA 17011
(717) 730-7310
Supreme Court ID #41263
2
,
,
VERIFICATION
I, MAX], HEMPT, Vice President of Hempt Bros" Inc" hereby verify that the
statements made in the foregoing Mechanics' Liell Claim are true and correct to the best of my
knowledge, information and belief. I understand that false statements herein are made subject to
the penalties of 18 Pa, C,S, Section 49004, relating to unsworn falsification to authorities.
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MAX ], HEMPT
Date: /). -J../ -oS-
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EXHIBIT A
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UNDER AND SUBJECT, NEVERTHELESS, to a reservation in the above-mentioned
Deed wherein Gulf Oil COlpOration reserve for itself, its successors and assigns, employees,
agents, contractors and other representatives, the irrevocable right to enter upon a part of the
premises herein conveyed and described as follows, for the purpose of erecting, maintaining and
repairing an identification sign: C
' bOroU"ch 0-" ~r\"'ille.) CLLmberlanq "W'\::J
BEGINNING at a point on the north~'rly line oflands of Gulf Oil Corporation, 38,67 feet
from a point on the East right-of-way line of South Hanover Street, State Highway L.R, 41-3,
said point being South. 331.0 feet, more or less, from the centerline of Ramp "M", State Highway
799-4; thence North 09 degrees 22 minutes East, a distance of 124~feet to a point; thence South
80 degrees 38 minutes East, a distance of 12.0 feet to a point;lhence South 09 degrees 22
minutes West, a distance of 124.63 feet to a point on the northerly line of Gulf Oil Corporation;
thence along said line, North 80 degrees 00 minutes West, a distance of 12.0 feet to the point and
Place of BEGINNING,
BEING the same premises which C & W Equipment, Inc., granted and conveyed unto
John H, Billman, James C, Costopoulos and Nicholas C. Mallios, by its Deed dated December
30, 1986and recorded in the Office of the Recorder of Deeds for Cumberland County in Deed
~ook "K", Volume 32, Page 457.
T Certify this to be recorded
Tn Cumberland County P A
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AMERICAN
INSTITUTE
o F
ARCHITECT,
~'.8'.tT/.<.
Job No, 3765
Phase No, . 2202
AlA Document A40/
Standard Form of Agreement
Between Contractor and Subcontractor
1987 EDITION
THIS DOCUMENT HAS IiV/PORTANT LEGAL CONSEQUENCES,. CONSULTATION W'ITH
AN A TTORNEY IS ENCOURAGED W'ITH RESPECT TO ITS COMPLETION OR MODIFICA TION.
This document has been approved and endorsed by
the American Subcontractors Association and the Assochaed Specialty Contractors, Joe.
AGREEMENT
made as of the
Two Thousand and four
sixth
day of
January
in theyear of
BETWEEN the Contractor: R. S. MOllERY & SONS, IRC.
1000 Bent Creek Boulevard
Mechanicsburg, PA 17050
PH: 717.506.1000 I fAX: 717.506.1010
and the Subcontractor:
HEMPT BROS., INC.
205 Creek Road, P. o. Box 278
Camp Hill, PA 17011
The Contractor has made a contract for construction dated December 5, 2003
The Owner: THE HOME DEPOT USA, INC.
Eastern Division
3096 Hamilton Blvd., S. Plainfield, NJ 07080
PH: 717.737.3411 I fAX: 717.761.0635
with
For the following Project:
HOME DEPOT STORE NO. 4149
1013 South Hanover Street
Carlisle, PA 17013
which Contract is hereinafter referred to as the Prime COl1tf;\C\ ancl ~Vllicll provides For rhe furnishing of labor, materials, equipment
and services in connection v.,'jth the construction or the Project. A cop~' of the Prime COl1tfJct. consisting of the Agreement Between
Owner and ContractOr (from which compensation amounts m~IY be deleted) and the other Contract Documents enumerated therein
ha5 been made available to the Subcontractor.
The Architect for the Project is: GREENBERG fARROll AR&HITECTURE
265 Davidson Avenue - Suite 400
Somerset, NJ 08873
The Contractor and the Subcontractor agree as set forth below.
Copyrigl1t 1915. 1925, 1937. 19; I, 1958. 1961, 1963, 1966, 1967, 11):2, 1978, @1987 b\' the Amt'rican lnstiW(t: of Archi(ects. 1-::')5
New York Avenue, N.\'(:'., Washingwn, D.C. 20006. Reproduction of the' materi~ll herein or :;UbS(~HHbl quot:ltinn of its pm\"ision~
wi[hout ~;rinen permission of tile Al.~ violates (he copyright Ja~'s of tile Unirt:d St;ltes :md will be subject ell k.:g:iI pmseclltiun.
AlA DOCUMENT A401 . COi'lTR},CTOR.:-;l~BCONTR.KT()R AGREE....tE(\;l. T\'('ELfTtI EDITION. .\1.-1.." . '&: !I.JH-
Tflf. A....1ER1CAN l:-;,STITL'TE OF ARCHITECTS. I"Y; i'lEW YORK A\'E:-ll'E, N,W.. \'r,\SHI;,\GTO:-;, D,C. 21100()
MOl-19B7 1
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TERMS AND CONDITIONS OF AGREEMENT
BETWEEN CONTRACTOR AND SUBCONTRACTOR
ARTICLE 1
THE SUBCONTRACT DOCUMENTS
1.1. The Subcontract Documents consist of (1) this Agree-
ment; (2) the Prime Comract, consisting of the Agreement
between the Owner and Contractor and the other Contract
Documents enumerated therein, including Conditions of the
Contract (General, Supplementary and other Conditions),
Drawings, Specifications, Addenda issued prior to execution of
the 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 Contract 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 Subcontract, and are as fully a part
of [he Subcontract as if attached to this Agreement or repeated
herein. The Subcontract represents the entire and integrated
agreement between the parties hereto and supersedes prior
negotiations, representations or agreemems, either written or
oral. An enumeration of the Subcontract Documents, other
than Modifications issued subsequent to the execution of this
Agreement, appears in Article 16.
1.2 The Subcontractor shall be furnished copies of the Sub-
contract Documents upon request, but the Contracror may
charge the Subcontractor for the cost of reproduction.
ARTICLE 2
MUTUAL RIGHTS AND RESPONSIBILITIES
2.1 The Contractor and Subcontracror 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 Contractor shall assume toward [he Subcootrac-
cor all obligations and responsibilities that the Owner, under
the Prime Concr::tet, 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 benefit of all rights, remedies and
redress against the Subcontractor which the Owner, under the
Prime Contract, h3S against the Contractor, and the Subcontrac-
tOf shall have [he benefit of all rights, remedies and redress
against the COntr:lctor which the Contractor, under the Prime
Contr:lcr, has agaimt the Owner, insofar as applicable to this
Subcontract. \'\'here a provision of the Prime Contract is incon-
sistent with a provision of this Agreement, this Agreement shall
gon:-rn
2.2 The Contractor may require the Subcontractor to enter
into agreements with Sub-subcontractOrs performing portions
of the Work of this Subcontract by which the Subcontractor
and the Sub-subcontractor ~lre mutually bound, to the extent of
the Work to be performed by the Sub-subcontractor, assuming
toward each other all obligations and responsibilities '\vhich the
Contr~lCtor and Suhcontractor assume tOward each other and
having the henefit of all rights, remedies and redress each
against the other ~vhich the Contractor and Subcontractor have
hy virtue of the provisions of this Agreement.
ARTICLE 3
CONTRACTOR
3,1 SERVICES PROVIDED BY THE CONTRACTOR
3.1.1 The Contractor shall cooperate with [he Subcontractor
in scheduling and performing the Contractor's Work to avoid
conflicts or interference in the Subcontractor's Work and shall
expedite written responses to submittals made by the Subcon-
tractor in accordance with Paragraph 4.1 and Article 5. As soon
as practicable after execwion 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 relocation of such facilities at the direction of the COntr.:tc-
tor, except as previously agreed upon, shall be reimbursed by
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 satisfactory terms.
3,2 COMMUNICATIONS
3.2.1 The Contractor shall promptly make available to the
Subcontractor information which affects this Subcontract and
which becomes available to the Contractor subsequent to
execution of this Subcontract.
3.2.2 The Contractor shall not give instructions or orders
directly to employees or workmen of the Subcontractor, except
to persons designated as authorized representatives 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 completion anct the amount certified on account of
\X'ork done by the Subcontractor.
3.2.4 If hazardous substances of;1 type of which an employer
is required by law to notify its employees are being used on the
site by the Contractor, a subcontractor or anyone direct!v or
indirectly employed by them (other than the Suhcontractor),
the Contractor shall, prior to harmful exposure of the Subcon.
tr;lCtor'S employees to such subst:mce, give written notice of
the chemical composition thereof to the SubcontQctor in suffi-
cient detail and time to permit the Subcontractor's cornpliJl1ce
with SUCll laws.
3,3 CLAIMS BY THE CONTRACTOR
3.3.1 Liquidated dJ.I1uges for delay. if provided for in Para.
graph 9.3 of this Agreement, shall be assessed against the Sub-
contractor onlv to the extent caused by the Subcontractor [he
SubcontractOr:s employees and age~ts, Sub-subcontr<lc~ors,
suppliers or ~my person or entity for whose acts the Subcon.
AlA DOCUMENT A401 . CONTR.\CTOR-5LiBC01"TRACTOR AGREEMENT. T\l:"ELFTH EDlT[O~. AI:\~ . @l9R7
THE A.....\ER1CAN INST1Tl.;TE OF .....RCHITECTS, ]"7.1<; NEW' YORK AVE!'ll'E. N,W. \I:'ASHINGTO"-'. DC. loonl,
A401-1987 2
tractor m~y be Hable, and in no case for delays or causes arising
outside the scope of this Subcontract.
3.3.2 Except as 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 written notice from the Contrac-
tor to commence and continue correction of such default or
neglect with diligence and promptness, the Contractor may,
after three days following receipt by the Subcontractor of an
additional written notice, and without prejudice to any other
remedy the Comractor may have, make good such deficiencies
and may deduct the cost thereof from the payments then or
thereafter due the Subcontracror, provided, however, that if
such action is based upon faulty workmanship or materials and
equipment, the Architect shall first have determined that the
workmanship or materials and equipment are not in accor-
d~U1ce with requirements of the Prime Contract.
ARTICLE 4
SUBCONTRACTOR
4,1
EXECUTION AND PROGRESS OF THE WORK
4.1.1 The Subcontractor shall cooperate with the Contractor
in scheduling and performing the Subcontractor's Work to
avoid conflict, delay in or interference with the Work of the
Contr3ctor, other subcontractors or Owner's own forces.
4.1.2 The Subcontr3ctor shall promptly submit Shop Draw-
ings, Product Data, Samples and similar submirrals required by
the Subcontract Documents with reasonable promptness and
in such sequence as to cause no delay in the \'{'ark or in the
activities of the Comracror or other subcontractors.
4.1.3 The Subcontractor stull submit to the Contractor ~l
schedule of values allocated to the various pans of the Work of
this Subcontract, aggregating the Subcontract Sum, made out in
sLlch detail as the Contractor and Subconrr~lctor mar agree
upon or as required br the Owner, and supported by sllch evi-
dence as the Contractor may direct. In applying for payment,
the Subcuntractor shall sUDmit statements based upon this
schedule.
4.1.4 The Subcontractor shall furnish to the Contr~lCt()['
perioJic progress reports on tht Work of this Subcontr~lct :15
l1lutu:llly agreed, including infonn:ttiol1 un the status of l11~lte-
rials and equipment which may be in the course of preparation
or manufacture.
4.1.5 The Subcontractor agrees that the Architect will h~\'t. the
<luthprity to reject \'Cork which duC's not conform to the Prime
Contract. The Architect's decisions on mancrs relating to
aesthetic effect shall be final if consistent with the intent
expressed in the Prim/.: Contract
4.1.6 The Subcontractor sllall pa) for materiaLs, equipment
;Incllabl)r usee! in connection 'with the performance ofthb Sub-
contrJct through the period con~red by previous payments
n::e<.:ived from the Contrac[u/" and .sh~IJl furnbh .s~ltisfactory
evidence, when requested by the Contractor, to verify com-
pliance with the above requirements.
4.1.7 The Subcontractor shall rake necessary precautions to
protecr properly the Work of mher subcontractors from
damage caused by operations under this Subcontract.
4.1.8 The Subcontractor shall cooperate with the Contractor,
other subcontractors and rhe Owner's own forces whose Work
might interfere with the Subcontractor's Work. The Subcon-
tractor shall participate in the preparation of coordinared draw-
ings in areas of congestion, if required by rhe Prime Contract,
specifically noting and advising the Contractor of potencial con-
flicrs between rhe Work of [he 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
taws, ordinances, rules, regulations and orders of public author-
ities bearing on performance of the Work of this Subcontract.
The Subcontracror shall secure and pay for permits and govern-
mental fees, licenses ancl inspections necessary for proper
execution and completion of the Subcontractor's \,\rork, the
furnishing of ~\'hich is required of the Contracror by the Prime
Contr.lct.
4.2.2 The Subcontractor shaJl comply with Federal, stare and
local tax laws, social security acts, unemployment compensa-
tion acts and workers' or workmen's compenS:ltion acts insotir
as applicable to the performance of this Subcontract.
4,3
SAFETY PRECAUTIONS AND PROCEDURES
4.3.1 The Subcontractor shall take reasonable safety preOll-
[ions with respect to performance of this Subcontract, shall
comply with safety measures initiated by the Contractor and
with applicable laws, ordinances, rules, regulations and orders
of public authorities for the safety of persons or property in
accordance with the requirements of the Prime Contract. The
Subcontractor shall report to the Contractor within three dars
an injury to an employee or agent of the Subcontractor which
occurred at the site.
4.3.2 If hazardous substances of a type of which an employer
is required by law to notify its employees are being used on the
site by [he Subcontractor, the Subcontractor's Sub-
subcontractors or anyone directly or indirectly employed by
them, the Subcontractor shall, prior to harmful exposure of any
employees on the site [Q such substance, give written notice of
the chemical composition thereof to the Contractor in suftJ-
cient detail and time to permit compliance "virh stich laws hy
the Contractor, other subcontractors and other employees on
the site.
4.3.3 in the event the Subcontractor encounters un the site
material rea,sonably believed iO be ashcsws or polychlurinated
biphenyl (PCB) which h3.s not been rendered harmless, the
Subcontractor shall immediately stop \\'ork in the area affected
~lncl report the condition to [he ContractOr in \\"firing. The
Work in the affected area shall resume in [he absence of
asbestos or polychlorinated biphenyl (PCB), or \\"hen it has
been rendered harmless. by wricren agreemeJl[ of the Contrac-
tor and Subcontractor. or in accordance with fin~t1 cletermjna~
tion bv [he Arcllitect on \vhich arbitration has not been
de1llan~led, or by arbitration as provided in this Agreement.
The Subcontractor shall not be required pursuant to Anicle 5 tu
perform Without consent any \\fork relating to asbestos or
puJychlurin~lted biphenyl (PCB).
3 A401-1987
AlA DOCUMENT A401 . CO"TRACTOR.SliBCO,\TRACTQR i\GREE.\lE:'\T. T\X'ELfTI-I EDITIO!\. AlA! . IS' 191i-
THE ..\.\\ER1CA1\ l:\STl"lrn: Of ,-\RCHITECTS. 1-.,'::; i'iE\X YORK A\'E;";L'C :>;.\'r.. \\.-\Sl-!II'GTO~. DC. .!ll()I!(1
4.3.4 To the fullest extent permitted by law, the Contractor
shaJJ indemnify and hold harmless the Subcontractor, the Sub.
contractor's Sub-subcontractors, and agents and employees of
any of them from and against claims, damages, losses and
expenses, including but not limited to attorneys' fees, arising
out of or resulting from performance of the Work in the af-
fected area if in fact the material is asbestos or polychlorffiated
biphenyl (PCB) and has not been rendered harmless, provided
that such claim, damage, loss or expense is attributable to
bodily injury, sickness, disease or death, or to injury to or
destruction of tangible property (other than the Work itselt) in-
cluding loss of use resulting therefrom, but only to the extent
caused in whole or in parr by negligent acts or omissions of the
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, loss or expense is caused in parr by a party indem-
nified hereunder. Such obligation shall not be construed to
negate, abridge, or reduce other rights or obligations of indem-
nity which would otherwise exist as [Q a party or person
described in this Subparagraph 4.3.4.
4.4 CLEANING UP
4.4.1 The Subcontractor shall keep the premises and sur-
roundlng 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 permicted by the Subcontract Documents, that the
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 [he Subcontract Documents.
\Vork nor conforming to these requirements, including substi-
tutions nm 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 and tear under nor-
mal usage. This warranty shall be in addition to and nor in
limitation of any other warranty or remedy 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 harmtess the O\llner, Contractor,
Architect, Architect's consultants, anel agents and employees of
Jny of them from and against claims, damages, tosses and
expenses, including hur nor limited to attorney's fees, arising
out of or resulting from performance of the SubcontractOr's
Work under this SubcontrJcr, provided that such claim, dam~
age, loss or expense is attributable to bodily injury, sickness,
disease or death, or to injury to or destmcriol1 of tangible prop-
eny (other than the Work itself) including loss of use resulting
therefrom, but anI)' to the extent caused in whole or in part by
negligent actS or omissions of the Subcontractor, the Subcon-
tractor's Sub-subcomractors, anyone directly or indirectly
employed by them or anyone for whose acts they may be
llable, regardless of whether or not sllch cbim, dam;1ge, loss or
expense is c;lused in p;lrt by a pany indemnified hereunder.
Sud1 obligation shall not be construed to negate, abridge, or
otherwise reduce other rights or obligations of indemnity
which would othcrv.r(se exist as co a party or person described
in this Paragraph 4.6.
4.6.2 In claims against any person or entity idemnHied under
this Paragraph 4.6 by an employee of the Subcontractor, the
Subcontractor's Sub-subcontractors, anyone directly or
indirectly employed by them Or anyone for whose acts they
may be liable, the indemnification obligation under this
Paragraph 4.6 shall not be limited by a limitation on amount or
type of damages, compensation or benefits p3yable by or for
the Subcontractor or the Subcontractor's Sub-subcont1.1ctors
under workers' or workmen's compensation acts, 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 (l) the prepan.tion or approval of maps,
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 Subcontrcictor, within seven days from
the time payment should be made as provided in this Agree-
ment, the SubconteJ.ctor m:\y, without prejudice to other
available remedies, upon seven additional dJ.Ys' written notice
to the Contractor, stop the \'(Iock of this Subcontract until pay-
ment of the amount owing has been received, The Subcomf::lct
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
Modification 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 Subcontractor shall not thereafter order
materials or perform Work which would be inconsistent with
the changes made by the Modit1catiolls to the Prime Conteact.
5.2 The Subcontractor may be ordered in writing by the Con-
tractor, without invalidating thiS Subcontr3.Ct, to mJke changes
in the Work Within the general scope of this Subcontract (011-
sisring of additions, deletions or other revisions, including
those required by Modifications to the Prime Contract issued
subsequent to the execution of chis Agreement, the Subcontract
Sum and the Subcontract Time being adjusced 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 adjlmmerlt to the Subcontract Sum and
Subcontract Time for such reVised \",,'ork in a manner consis-
tent with requiremems of the Subcomract Documems.
5.3 The Subcontractor shJJl make cbims promptly to the Con-
tractOr for additional cost. extensions of time an<;:l damages for
debys or orher causes in accordance with the Subcontract
AlA DOCUMENT A401 . CONTRACTOR,SL'BCONTRACTOR AGREEMENT. n\'ELFTH EDITION. AI."'. '!l . '9 J 9R7
THE AMERICA;-..r INSTlTl~TE OF ARCHITECTS, 1:~5 KE,\\;' YORK A"EN'.;E, K\'\'_. ~'...srn!':GTO~, D,C. 2nol.l6
A401-1987 4
.
Documents. A claim which will aftccl or becume parr of a daim
which the Contractor is required [Q make under the Prime Con-
tract wilhin a specified time period or in a specified manner
shall be made in sufficient time to permit the Contractor to
satisfy the requirements of the Prime Contract. Such claims
shall be received by the Contractor not less than two working
days preceding the time by which the Contractor's claim must
be made. 'Failure of the Subcontractor to make stich a timely
claim shall 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
Subcontractor arising out of or reb.ted to this Subcontract, or
the breach thereof, shall be settled by arbitration, which shall
be conducted in the same manner and under the same pro-
cedure as provided in the Prime Contract with respect to clai.ms
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 of the American Arbitration Association cur-
rently in effect unless the parties mutually agree otherwise.
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 any
other manner, 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 persoll
or entity is substantially involved in a common question of fact
or law, (2) the presence of such person or entity is required if
complete relief is to be accorded in the arbitration, (3) the inter-
est or responsibility of such person or entity in the matter is not
insubstantial, and (4) such person or entity is not the Architect,
the Architect's employee, the Architect's consultant, or an
employee or agent of any of them. This agreement to arbitrare
and any other written agreement to arbitrate with an additional
person or persons referred to herein shaH be specifically en-
forceable under applicable law in any court having jurisdiction
thereof.
6.3 The Contractor shall give the Subcontracwr prompt writ-
ten notice of any demand received or made by the ContractOr
for arbitration if the dispwe involves or relates to the Work,
mmerials, equipment, rights or responsibilities of the Subcon-
tractor. The Contractor shall consent to inclusion of the Sub-
contractor in the arbitration proceeding whether by joinder,
consolid~Hion or otherwise, if the Subcontractor requests in
writing to be included within ten days after receipt of the Con-
tractor's nottce.
6.4 The award rendered bv the arbitl.ltor or mbiwltors shall be
final, and judgment may b~ entered upon it in accordance with
applica.ble law in any court ha\'ing jurisdiction thereof.
6.5 This Article 6 shall nor be deemed a limimtion of rights or
remedies which the Subcomractor may h3ve under Federal
law, under state mechanics' lien b\','s, or under dPplkable bbor
or material payment bonds unless such rights or remedies are
expressly waived by the Subcontractor.
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 circumstances and pro-
cedures with respect to the Contractor as the Contractor mav
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-
tractor, Sub-subcontractors or their agents or employees or
other persons performing portions of the \'(rork under contract
with the Subcontractor, the Subcontractor shall be emitted to
recover from the Contractor payment for Work executed and
for proven loss with respect to materials, equipment, tools, and
construction equipment and machine!)', including reasonable
overhead, profit and damages.
7,2 TERMINATION BY THE CONTRACTOR
7.2.1 If the Subcontractor persistently or repeatedly fails or
neglects to carry Out the Work in accordance with the Subcon-
tract Documents or other~vise 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 promptness, the Contrac-
tor may, after seven days following receipt by the Subcontrac-
tor of an additional written notice and without prejudice to any
other remedy the Contractor may have, terminate the Subcon-
tract and flOish the Subcontractor's Work by whatever method
the Contractor may deem expedient. If the unpaid balance of
the Subcontract Sum exceeds the expense of finishing [he Sub-
contractor's Work, such excess shall be paid to the Subcontrac-
tor, 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, subject to the provisions
of the Prime Contract and co the prior rights of the surery, if
any, obligated under bonds relating to the Prime Contract. If
the \'\i'ork of the Prime Contract has been suspended for more
than 30 days, the Subcontractor's compensation shall be
equitably adjusted
7.3.2 The Subcontractor shall not assign the \X'ork of this Sub-
contract without the ~'fitten consent'- of the Contractor, nor
subcontract the whole of [his Subcontract without the written
consent of the Contractor, nor further subcontract portiOns of
[his Subcontract without wricren notification to the Contractor
when such notification is requested by the Contractor.
5 MOl-1987
AlA DOCUMENT A401 . CO~TR..l,CTOR.SUBCONTRACTOR AGREEME:-iT. T\'HLFTH WITIO;.; . Alx!' . @1987
HIE A~lEHICAN.INSTITL:TE OF ARCHITECTS, ]7.'5 NEW YORK A\'E:-;UE, N.W.. WASHINGTON. D.C. 20006
ARTICLE B
THE WORK OF THIS SUBCONTRACT
8.1 The Subcontractor shalf execute the following portion of the Work described in the Subcontract Documents, including all
labof, materials (as may be required to be purchased from The Home Depot as described in Attachment "e" 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 responsibility of others. The scope of Work for this Subcontract covers sitework for
Penn DOT improvements within the Route 34 Right-ot-Way and Ramp K in accordance with the Subcontract Documents, Penn DOT
requirements, and specifically including, but not limited to, the following:
A. General Conditions
1, Mobilization and demobilization.
2, Supervision,
3. Layout (Benchmarks will be provIded by others.)
4. Safety and compliance with all OSHA regulations.
5. Traffic control.
B, Clearing and grubbing including disposal off-site.
C. Demolition, including disposal off-site,
1. Milling of asphalt.
2. Saw cutting and removing asphalt paving, curbs, sidewalks, concrete paving, and precast structures.
3. Verify, cut, cap, and remove existing utilities,
4. Remove guide rails and traffic signs.
D. Erosion and Sediment Controls including installation, maintenance, and removal.
1. Silt fence,
2. Inlet protection.
3. Rock filters and barriers.
4. Erosion control blankets I matting.
5. Temporary seeding,
6. Dust control.
7, Street sweeping.
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.
6. Export unsuitable materials.
7. Rock excavation, bulk and trench.
8. Geotextile fabrics,
9. Compact and fine grade paving subgrade,
10, Excavate, fine grade, and provide stone for sidewalks, aprons, and concrete paving,
F. Stormwater and Underdrain System
1. Unclassified excavation and backfill.
2. Stone bedding,
3. Pipe and fittings.
4, Precast concrete inlets, catch basins, manholes, and end walls.
5. Vortechnic units,
6. 72" RCP extensions,
7. Rip-rap aprons,
8. Filter fabric.
9. Cast-in~place end walls.
AlA DOCUMENT A401 . CONTRACTOR-SUBCONTRACTOR AGREEMENT. TWELFTH EDmON . AIA<!l. \tl1987
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006
A401-19B7
6
"
G, 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. Testing.
H. Asphalt Concrete Pavement including sub~base, binder, wearing, scratch, overlay, and Novachip
courses.
I. Plain Cement Concrete Pavement
J. Standard Concrete Curbs, Mountable Curbs, and Sidewalks
1. Including excavation and backfill, stone base, form work, and concrete.
K. Pavement Markings and Traffic Sign age, including relocating existing.
L. Traffic Signalization
M. Guide rail with end treatments.
N. Single Face Concrete Median Barrier
O. Permanent Seeding
P. This Subcontract EXCLUDES the following:
1. Landscape plant material.
2. Fencing.
3. Permits and inspection costs.
4. Testing, except as noted above.
5. Tap-in fees,
6. PPL pole relocation,
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.
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. AIA<!l . (11987
THE AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006
A401-1987 6a
ARTICLE 10
SUBCONTRACT SUM
, 0.1 The Contractor shall pay the Subcontractor in current funds for performance of the Subcontract the Subcontract Sum of
ONE MILLION FIVE HUNORED SEVENTY-THREE THOUSAND FOUR HUNORED FIFTY AND 00/100 Dollars ($1,573,_50.00),
subject to additions and deductions as provided in the Subcontract Documems.
10.2 The Subcontract Sum is based upon the foHowing alternates, if any, which :are described in the Subcontract Documents and
have been accepted by the Owner and the Contractor as may be applicable 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.
10.3 Unit prices, if any, are as follows: None
ARTICLE 11
PROGRESS PAYMENTS
11.1 Based upon ~Ipplications for payment submitted to the Contractor by the Subcontractor, corresponding to Applic;uions for
Payment submitted by the Contractor to the Architect, and CertifiCdtes for Payment issued by the Architect, the Contractor shall make
progress poyments on account of the Subcontract Sum to the Subcontractor as provided below and elsewhere in the Subcontract
Documents.
11.2 The period covered by each applic]tion for payment shall be one calendar month ending on the last day of the month.
11.3 Provided an application for payment is received by the ContractOr nm later than the t'Wenty-fifth (25th)
day of a month, the ContractOr shall include the SubcontractOr's Work covered by thac application in the next Application for Pay-
ment which the Comracwr is entitled to submit to the Architect. The Contractor shaH pay the SubcontrlCtor each progress payment
AlA DOCUMENT A401 . CONTRACTOR. SUBCONTRACTOR AGREE:'<IENT. TW'ELFTH EDITlON . AIA'~ . @ 198~
THE AMERICAN INSTITUTE Of ARCHITECTS, 17,FI NE\\;' YORK A\'E~L'F., N.W., W'ASH(NGTON, D,C. 20006
A401-1987 7
\vilhin three working days ;{her the Contr:.tctor receives payment from the O...vner, 1 e s sate n pe r ce nt (10%) r eta ine r .
11.4 If an application for payment is received by the Contractor after the application date fLxed above, the Subcontracwr's Work
covered by it shall be included by the Contractor 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 v21ues submined by the Subcontractor in
accordance with the Subcontract Documents, The schedule of values shall allocate the entire Subcontract Sum among the various
portions of the Subcontractor's Work and be prepared in such form and supported by such data to substanti<tte its 'accuracy 3S the
Contractor may require. This schedule, unless objected to by the Contractor, shall be used as a basis for revie~ving the Subcontractor's
applications for payment.
11.6 Applications for payment submitted by the SubcontractOr shall indicate the percentage of completion of each portion of the
Subcontr.tctor's Work as of the end of the period covered by the appHc~tion for payment.
11.7 Subject to the provisions of the Subcontract Documents, the amount of each progress payment shall be computed as follows:
11.7.1 Take that portion of the Subcontr~lC[ Sum properly allocable to completed Work as determined by multiplying the percentage
completion of e2.ch portion of the Subcontractor's Work by the share of the totm Subcontract Sum allocated to that portion of the
Subcontractor's Work in the sch~dule of values, less that percentage actually retained, if any, from payments to the Contractor on
account of the Work of the Subcontractor. Pend~ng fmal. determination of cost to the Contractor of changes in the Work which have
. been properly authorized by Construction Change Directive, ::unounts not in dispute may be included to the same extent provided in
the Prime Contract, even though the Subcontract Sum has not yet been adjusted;
11.7.2 Add that portion of the Subcontract Sum properly allocable to materials and equipment delivered and suitably stored at the
site by the Subcontractor for subsequent incorporJtion in the Subcontractor's \'(-'ork 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 m
be applied to such m~terials and equipment in the Contractor's Application for Payment;
11.7.3 Subtract the aggregate of previous payments made by the Contractor; and
11.7.4 Subtract amounts, if any, calcul:1ted under Subparagraph 11,7.1 or 11.7.2 which are related to \'</ork of the Subcontractor for
which the Architect has withheld or nullifted, in whole or in part, a Certificate of Payment for 3 calise ~....hich is the fault of the
Subcontractor.
11.8 SUBSTANTIAL COMPLETION
11.8.1 When the SllbcontractOr's Work or a designated portion thereof is substantially complete and in accordance with the require-
ments of the Prime Contract, the Contractor shall, upon application by the Subcontractor, make prompt application for payment for
such Work. Within 30 days following issuance by the Architect of the Certificate for Payment covering such substantially completed
Work, the Contractor shall, to the full extent allowed in the Prime Contract, make payment to the Subcontractor, deducting any por-
tion of the funds for the Subcontractor's Work withheld in accordance with the Certificate to cover costs of icems to be completed or
corrected by the Subcontractor. Such payment to the Subcontractor sh:,t.ll be the entire unpaid bal<lnce of the Subcontract Sum if a full
release of retainage is allowed under the Prime Contract for the Subcontractor's \Vork prior to the completion of the entire ProjecL If
the Prime Contract does not allow for a full release of retainage, then slIch payment shall be ~m amOunt which, when added to
previous payments to the Subcontractor, will reduce the retalnage on the Subcontractor's subst~lfHially completed 'X'ork to the same
percentage of retainage a$ that on the ComrJcror's Work covered by the Certiticate.
ARTICLE 12
FINAL PAYMENT
12.1 Final payment, constituting the entire unpaid balance of the Subcontract Sum, shall be made by [he Contractor to the Subcon-
trJCWr v..'hen [he Subcontractor's Work is fuIJy performed in accord<u1Ce with the requiremems of the Contr~\Ci Documems, the Ar-
chitect has issued a Certificate for P<lyment covering the Subcorm:Ictor's completed \X'ork and the Contractor has received payment
from the Owner. If, for any cause which is not [he fault of the Subcontractor, a Certificate for Payment is not issued or the: Cootr-.\Ctm
does nor receive timely- payment or does not P:IY the Subcomr:Ictor '\\"ithin three ",-orking days after receipt of paymcl1l frum tIle
Owner, final payment to the Subcontractor shall be made upon demand.
12.1.1 tinal payment will not be due until ali of the Subcontractor's obligations regarding warranties,
certifications, as-built drawings, operating instructions, and punch list items are compieted to the
satisfaction of the Owner and ~rchitect.
12.2 Before issu:mce of the final payment, the SubCOntr:lCtor, if required, shall submit evidence satisfactory to [he ContraCtor tllat
all payrolls, bills fm materials and equipment, and all known indebtedness connected with the Subcontractor's \'\'orl-\ have been
satisfIed.
AlA DOCUMENT A401 . COSTRACTOR-Sl'BCOf\:TR.KTOR .-\GREE~lr:.'IT. nnLFTH EDITJO:"i. .'\[.-\.:\- . (~:' IWl-
TI-IE AMERICAS INSTITUTE Of ARCHITECTS. 17:1"; NE\\" YORK A\'E~l'E. t".\\',. \'\"..I,.<;HI."-:(;1'O."-:. D,C. 2()II!16
A401-1987 8
ARTICLE 13
INSURANCE AND BONDS
13.1 The Subcontractor shall purchase and maintain insurance of the following types of co\'erage and limits of liability:
See Attachment "A" - Insurance Coverage Requirements.
13.2 Coverages, whether written on an occurrence or claims-made basis, shall be maintained ~\'ithout interruption from dare
of commencement of the Subcontractor's Work until d~1te of fiml payment and terminmion of any coverage required to be main-
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 cenifiGHeS and the insurance policies required by this Article 13 shall contain a provision that coverages
afforded under the policies ~vill not be cancelled or allowed to expire until at (east 30 days' prior written notice has been given to the
Contracwr. If any of the foregoing insurance coverages are required [0 remain in force after final payment and are reasonably
available, an additional certificate evidencing continuation of such coverage shall be submitted with the final application for payment
as required in Article 12. If any information concerning reduction of coverage is not furnished by the insurer, it shall be furnished by
the Subcontractor with reasonable promptness according to the Subcontractor's information and belief.
13.4 The Contractor shall furnish to the Subcontracwr sacist!ctory evidence of insur~mce required of the Contractor under the
Prime Contract.
13.5 Waivers of Subrogation. The Contractor and Subcontractor waive aJl rights against (1) each other and ~J.ny of their Subcontrac-
tors, Sub-subcontractors, agents md employees, each of the other, and (2) the Owner, the Architect, the Architect'.s consultants,
separate contractors, and any of their subcontractOrs, sub-subcontr.:lctors, agents and employees for cl~unages caused by fire or other
perils to the extent covered by property insurance provided under the Prime Contract or other propeny insurance applicable to the
Work, except such rights as they may h:.lve to proceeds of such insurance held by [he Owner as nduciary. The Subcontractor shall
require of the Subcontractor's Sub-subcontractors, agents and employees, by appropriate agreements, written where legally required
for validity, similar waivers in favor of other parties enumerated herein. The policies shall provide sllch waivers of subrogation by
endorsement or otherwise. A waiver of subrogation shall be effective as to a person or entity enm though that person or emity would
Otherwise have a duty of indemniftcation, contractual or otherwise, did not pay the insurance premium directly or indirectly, and
whether or not the person or entity had an insurable interest in the property damaged.
13.6 The Contractor shall promptly, upon request of the Subcontractor, furnish a copy or permit a copy to be made of any bond
covering payment of obligations arising under the Subcontract.
13,7 This Subcontract does not require Performance and/or 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, 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 General Contractor,
Subcontractor's employees shalf 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 material 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 MOl . CO:--<"R.-\CT(H{-~L'!-ICO:"lTR:\CTOR ,.I,GREE.\IF.:yr. T\\;'J::1.FTH Ef)jTIO:\. AlA ~ . ~'~ 1"",-
THE A.\\ER1CA;\ \;\~TITLTE OF ARCHITECT:", 1-.-\<; ....r:w YORK ,-\\'EM.E. i\",\'\:'., \'I:"ASHI;.o;c;TO:\. DC, .!f111l1()
MOl-198? 9
ARTICLE 14.2 . WORKING CONOITIONS
14.2.1 This project is being administered by our Project Manager, Walter V. "Bud" 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-To-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 Subcontractor 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 sums from the Subcontract Sum.
14.2.4 Subcontractor shall promptly forward submittals to the General Contractor for approval.
'II- Shop Drawings - eight (8) prints; two (2) copies will be returned.
'II- 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 shall 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.
14.2.7 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 all 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 specified,
the Owner shall be entitled to a credit equal to the difference in cost of the products specified and the products provided.
14.2.8 Subcontractor fully warrants and guarantees for the benefit of the Owner as purchaser the effectiveness, fitness for the purpose intended,
quality and merchantability 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 287
Non-Discrimination Provisions regarding employment, purchasing of materials, and engaging the services of others
14.2.10 Subcontractor shall not incorporate in the worl( nor permit to be brought to the site any materials or substances which are considered
"hazardous materials" or "toxic materials" as defined or designated under any act, statute, code, regulation, or ordinance promulgated by
any federal, state, or local body.
14.2.11 Subcontractor shall dispose of any "hazardous materials", "toxic 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, codes, regulations, or ordinances promulgated by any federal, state, or local body.
14.2.12 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.
14.2.15 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 all 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.
cl 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 are 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 (11 individual who will act as Project Coordinator for the
Subcontractor. Phone numbers are to be provided such that the Project Coordinator, or his authorized substitute, can be contacted at all
times by the General Contractor.
14.2.22 All laws of the Commonwealth pertaining to regulations and conditions of employment shall be observed, including Labor Discrimination
Act 382, approved July 18, 1935, applicable to building construction.
14.2.23 All provisions and regulations of the Federal 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 It 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 ot 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 material 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 rate as the
parties may agree upon in writing or, in the absence thereof, at the legal rate prevailing from time to time at the place where the
Project is located.
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 an 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
termlnaflon 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.
ARTICLE 16
ENUMERATION OF SUBCONTRACT DOCUMENTS
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 "B". 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.
CONTRACTOR: R. S. MOWERY & SONS, INC.
(Si9~<
Bruce G. Rosendale, Executive Vice President
(Printed name and title)
George F. Hempt, President
(Printed name and title)
AlA DOCUMENT A401 . CONTRACTOR-SUBCONTRACTOR AGREEMENT. TWELFTH EDITION. AtAC!l . <!l1987
THE AMERICAN INST1TUTE 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.
b.
c.
d.
General Aggregate
Products & Completed OperatIons Aggregate
Personal & Advertising Injury Aggregate
Each Occurrence
$1,000,000
$1,000,000
$1,000,000
$1,000,000
2. Automobile Liabilitv Insurance 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 occurrencelaggregate
4. Workers' Comoensation and Emolover's Liabilitv Insurance
a.
b.
Worker's Compensation - Statutory
Employer's Liability:
Amounts & coverage as required by law
1.1
2.1
3.1
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 (30) 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 "B"
Project:
The Home Depot Store No. 4149
1013 South Hanover Street, Carlisle, PA 17013
RSM Job No, 3765
Contractor:
R, S, Mowery & Sons, Inc,
1000 Bent Creek Boulevard
Mechanicsburg, PA 17050
Owner:
The Home Depot USA, Inc,
3096 Hamilton Boulevard
South Plainfield, NJ 07080
Contract Documents
SPECIFICATIONS
REV00002
REVTable
REVlnvite
HDINSBDR
REV Prop
HDSTIPSM
THD00009
THD00010
10/01/03
12/15/03
11/24/03
OB/01/98
11/24/03
02107102
04/01/03
06/20103
Contract Date Clarification
Table of Contents
Invitation to Bid
Instructions to Bidders
Bid Proposal Form
Agreement Between Owner and Contractor - Stipulated Sum
General Conditions Table of Articles
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 only)
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, Inc., dated June 5,2000
DIVISION 1 - GENERAL REQUIREMENTS
THD01000 10/02/01 Special Conditions wi Attachments (AlA Document G702 - Application and
Certificate of Payment Continuation Sheet - HD920911)
Furnished-By-Owner (FBO) Items
(FBO) Furnished-By-Owner Items - Electrical
THD01009
THD010l0
09/01/01
04/02/02
The Home Depot Store No. 4149 (#376S)
Subcontract Attachment "B" - Page 1 of 11
THD010ll 09/01/01
THD01012 04/30/02
THD01013 OS/20102
THD01014 05/20102
REV01030 10/15/02
THD01200 03/17103
REV01300 10/01/03
THD01411 12/06/02
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 04/30103
REV02200 11/24/03
REV02210 04/30/03
REV02251 04/30103
REV02260 04/30103
REV02261 04/30103
REV02270 04/30103
REV02321 04/30/03
REV02446 04/30103
REV02513 04/30103
REV02528 04/30/03
H NE02530 04/30103
REV02550 04/30/03
REV02580 04/30103
REV02721 04/30/03
REV02810 04/30/03
REV02920 04/30/03
The Home Depot Store No. 4149 (#3765)
(FBO) Furnished-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 Marki ngs
Storm Drainage System
Fine Grading, Temporary Grassing and Erosion Control
Soi I Preparation
Subcontract Attachment "8" - Page 2 of 11
REV02930 04/30103
REV02940 04/30103
REV02950 04/30/03
DIVISION 3 - CONCRETE
THD03300 05/30103
THD03360 05/30103
THD03390 05/30103
THD03410 09/01/01
DIVISION 4 - MASONRY
THD04100 09/01/01
THD04230 09/01/01
GFA04435 08/22/02
DIVISION 5 - METALS
THD05120 03/17/03
THD05220 02/18/03
THD05300 09/01/01
THD05400 09/01/01
THD05501 03/17103
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
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 (Yulcraft)
(FBO) Metal Roof Deck (Vulcraft)
Cold Formed Metal Framing
Metal Fabrications
Sheet Metal Fabrications
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 04/17103 Flashing and Sheet Metal (FBO)
THD07701 09/01/01 RooI Accessories
THD07901 05/30/03 Joint Sealers/Fillers
DIVISION 8 - DOORS AND WINDOWS
THD08110 09/01/01 Steel Doors and Frames
THD08331 03/17103 Overhead Doors
The Home Depot Store No. 4149 (#3765)
Subcontract Attachment "B" - Page 3 of 11
THD08332 09/01/01
GFA08333 09/14/01
THD08412 04/17103
THD08425 04/23/02
THD08460 04/23/02
THD08700 02/18/03
THD08800 04/1 7/03
DIVISION 9 - FINISHES
THD09260 04/17103
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 - SPECIAL TIES
THD10166 08/05/02
THD10539 09/01/01
THD10606 09/01/01
THD10609 09/01/01
THD10810 11/22/02
THD10999 09/01/01
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
DIVISION 11 - EQUIPMENT
THD11160 08/20102
DIVISION 12 - FURNISHINGS
Not Used
DIVISION 13 - SPECIAL CONSTRUCTION
THD13128 01/28/02 Metal Garden Canopy, Seasonal Shade Structure, and Ralllshield (FBO)
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)
Loading Dock Equipment
Mechanical General Requirements
Basic Materials and Methods
Supports and Anchors
Subcontract Attachment "B" - 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
THD16100 09/01/01
THD16101 09/01/01
THD16110 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 (#3765)
HVAC Insulation
FBO Fire Sprinklers (Electrical)
Plumbing
(FBO) Unit Heaters
(FBO) Radiant Heaters
(FBO) Evaporative Coolers
(FBO) Navar 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
5witches and Receptacles
Motors
(FBO) Prefabricated Power Center (PPC)(GE)
Primary Service
TV5S System (GE)
Grounding
(FBO) Lighting (Lithonia)
Emergency Electrical Generating System
(FBO) Automatic Load Transfer (GE)
Communication System (Telephone)
Subcontract Attachment "B" - Page 5 of 11
REV16720 04/23/03
REV16727 04/23/03
THD16856 09/01/01
Fire Protection Supervisory I 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 "8" - Page 6 of 11
ORA WI NGS
Drawing Drawing Latest Date
Number Drawin~ 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 8/13101 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 8/13/01 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 8/13101 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 8/13/01 7/25/03
BL COMPANIES - ON-SITE CONSTRUCTION PLANS
Title Sheet 4/30103 10103/03
C-1 Existing Conditions I Demolition Plan 4/30103 10/13/03
C-2 Site Plan 4/30103 10/03/03
The Home Depot Store No. 4149 (#3765)
Subcontract Attachment "B" - Page 7 of 11
.
Drawing Drawing Latest Date
Number Drawinq Title Date Revision Received
C-3 Grading and Storm water Plan 4/30103 10103/03
C-4 Infiltration Area Detail 4/30103 10103/03
C-5 Infiltration Area Detail 4/30103 10103/03
C-6 Storm Schedules 4/30103 10/03/03
C-7 Site Utilities Plan 4/30103 10103/03
C-B Construction Notes 4/30103 10103/03
C-9 Landscaping Plan 4/30103 10/03/03
C-10 Overall Erosion Control Plan Initial Stages 4/30/03 11/24/03
C-11 Overall Erosion Control Plan Final Stages 4/30/03 11/24/03
C-12 Erosion Control Notes 4/30103 11/24/03
C-13 Overall Erosion Control Plan Phasing 4/30103 10/10103
C-14 Erosion Control Details 4/30103 11/24/03
C-15 - 16 Erosion Control Details 4/30103 10103/03
C-17 - 22 Details Sheet 4/30103 10103/03
C-23 Vortechnic Unit Detail Sheet 4/30103 1 0/03/03
C-24 Wetland Planting Plan 4/30/03 10103/03
C-25 Storm Profiles 5/14/03 10103103
C-26 Storm Profiles 5/14103 10103/03
C-27 Add Alternate Storm Profiles 5/14/03 10103/03
GROVE MILLER - TRAFFIC PLANS
1 - 10 5/29/03
GREENBURG FARROW - BUILDING PLANS
Architectural
CS1 Cover Sheet 4/17/03 11/24/03
SP1 Site Plan 4/17/03
A1.0 Partial Floor Plan 4/1 7/03 11/24/03
A1,1 Partial Floor Plan 4/17103 5/30/03
A2.0 Partial Roof Plan 4/1 7/03 5/30103
The Home Depot Store No. 4149 (#3765)
Subcontract Attachment "B" - Page 8 of 11
.
Drawing Drawing Latest Date
Number Drawino Title Date Revision Received
A2,l Partial Roof Plan 411 7/03 5/16/03
A3,O Exterior Elevations 411 7/03 11/24/03
A4,O Enlarged Plan - Front End/Canopy 4/17103 5/30103
A4,l Enlarged Plan & Details - Truck Dock 411 7/03 5/30/03
M,2 Enlarged Plan - Office Area 4/17/03 5/30103
A4.3 Enlarged Plan & Interior Elevations - Restrooms 411 7/03 5/16/03
A4.4 Enlarged Tool Rental Center Plans and Details 411 7/03 5/30/03
A5.0 Interior Sections - Partition Types 4/17/03 5/30/03
A6.0 Door and Room Finish Schedule 411 7/03 5/30103
A6,l Door Details 411 7/03 5/30103
A6,2 Garden Center Fence Details 4/17/03 11/24/03
A7,O Sections & Details - Dock I G,C, Canopy 4117/03 5/30103
A7.1 Sections & Details - Lumber Exit Canopy 4/17/03 5/30103
A7,2 Sections & Details - Vestibules I Canopy 411 7/03 5/30103
A8,O Sections & Details - Exterior 4/17103 5/30/03
AS,l Sections & Details - Exterior Stairs 4/17103 511 6/03
SEl Sensormatic Details 411 7103 511 6/03
Fl.0 Partial Fixture Plan Ifor reference only) 4/17103 5/16/03
Fl,l Partial Fixture Plan (for relerence only) 4117103 5116/03
Structural
Sl,O General Notes & Typical Details 12113/01 4/23/03
S2.0 Foundation and Slab Plan 12/13/01 4/23103
S2,Ol Garden Center Found. & Slab Plan, Notes, Schedules 12/13/01 4/23103
S2.1 Foundation Details 12113/01 4/23/03
S2.1A Alternate Foundation Details 12113/01 4/23/03
S3.0 Roof Framing Plan 12/13/01 4123103
S3.01 Garden Center Roof Framing Plan, Schedules, Notes 12113/01 4/23/03
S3.1 Roof Framing Details 12113/01 4/23/03
S3.2 Miscellaneous Sections and Details 12/13/01 4/23103
The Home Depot Store No. 4149 (#3765)
Subcontract Attachment "8" - Page 9 of 11
.
Drawing Drawing Latest Date
Number Drawin!] Title Date Revision Received
Garden Center Structure
G1,O 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,O Miscellaneous Details 5/22/02 4/23/03
G3,1 Miscellaneous Details 5/22/02 4/23/03
G4,O Garden Center Rain Shield Framing Plan 5/22/02 4/23/03
Plumbing
P1,O Plumbing Floor Plan 4/17103 5116/03
P2.0 Plumbing Partial Plans 4/17/03 5/16/03
P2.1 Plumbing Tool Rental Center Plan, Risers & Details 411 7/03 5/16/03
P3,O Plumbing Riser Diagrams & Schedules 4/17/03 5/16/03
P4,O Plumbing Details 4/17103 4/23/03
Mechanical
M1,O Mechanical Floor Plan 4117103 5/16/03
M2.0 Enlarged Mechanical Plans & Details 4/17/03 5/16/03
M2.1 HV AC Tool Rental Center Plan & Details 4117103 5/16/03
M3.0 Mechanical Schedules & Details 4/17/03 5/16/03
Electrical
EM1,O Energy Management Details (Navar) 1/26/02 4/23/03
EM2,O 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,O Sales Area Lighting Plan 411 7/03 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 5116103
The Home Depot Store No. 4149 (#3765)
Subcontract Attachment "8" - Page 10 of 11
.
Drawing Drawing Latest Date
Number Drawin~ Title Date Revision Received
E3,O Electrical Power Floor Plan 4/17/03 5/16/03
E3.01 Electrical Power Floor Plan 4/1 7/03 5/16/03
E3.1 Checkout Areas & Office Package Power Plans 4/17/03 5/16/03
E3,2 Electrical Power Details 4/1 7/03 5/16103
E3,3 Electrical Power Roof Plan 4/17/03 5/16/03
E3.4 Electrical TRC 4/17/03 5/16/03
E4,O Fan Pod and Rack Lighting Details 4/17/03 4/23/03
E5,O Schematics, Lumber Door & Forklift Chargers 1/26/02
E6,O Panel Schedules 4/17/03 5/16/03
E6.1 Panel Schedules 4/1 7/03 5/16103
E7,O Equipment and Vault Room Package 1/26/02 4/23/03
E7,1 Electrical Details 1/26/02 4/23/03
ES,O One-Line Diagram 4/1 7/03 5/16103
ES,1 Prelabricated Power Center 4/17/03 5/16/03
Fire Protection (Fire Suppression Engineer)
FA1,O Fire Protection Supervisory System Layout 4/17/03 5/16/03
FA2,O Fire Protection Supervisory System Riser 4/1 7/03 5/16/03
FA3,O Fire Protection Supervisory System Details 4/17/03 5/16103
BA1,O Intrusion Alarm Device Layout undated 4/23/03
BA2,O Intrusion Alarm Riser undated 4/23/03
BA3.0 Intrusion Alarm Details undated 4/23/03
BA4,O Intrusion Alarm Details undated 4/23/03
FP1,O Site Fire Service Piping Plan undated 4/23/03
FP2,O Fire Sprinkler Piping Plan undated 4/23/03
FP3.0 In-Rack Piping Plan undated 4/23/03
FP4.0 Fire Sprinkler Details undated 4/23/03
FP5,O Fire Pump Service Pipin~ Plan undated 4/23/03
The Home Depot Store No. 4149 (#37651
Subcontract Attachment "B" - Page 11 of 11
EXHIBIT C
.
NOTICE OF INTENTION TO FILE MEHCANICS' LIEN CLAIM
TO: HOME DEPOT USA, INC.
1013 South Hanover Street
Carlisle, PA 17013
You are hereby notified that HEMPT BROS., INC., 205 Creek Road, Camp Hill,
Pennsylvania, 170 II, is a subcontractor under a contractual arrangement with your contractor,
R. S. Mowery & Sons, Inc., 1000 Bent Creek Blvd" Mechanicsburg, Pennsylvania, 17050, and
has furnished labor and/or materials in connection with the erection and construction of all
improvemellt to your property at 1013 South Hanover Street, Carlisle, Pennsylvania, 17013, as
more fully described in the attached Exhibit A.
The labor and/or materials furnished by the subcontractor consisted of, buI were not
limited to, improvements to the property within the Route 34 right-of-way and Ramp K,
illcluding site development, storm water system work, concrete pavement installation, pavillg
and seeding alld other materials in accordance with the terms of the subcontract. The
subcontractor's work was completed and the last day of/he specified labor and/or materials was
Iltrnished by the subcontractor on September 2,2005, The amounI still due and payable by the
contractor to the subcontractor is $86,761.] 7,
Unless payment of the amount due is made within thirty (30) days after service of this
formal notice on you, the subcontractor intends to file a mechanics' lien claim for Ihis amount
against your property. The filing of the claim will result in a lien against your property, and the
proceedings to enforce the lien may result in a judgment against you and the forced sale of your
property.
Date:
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MIC AEL 1. 'BANGS ~ I ...../
429 South 18th Street V
Camp Hill, P A 170 II
(7] 7) 730-7310
Attorney for Hempt Bros., Inc.
cc: R.S. Mowery & Sons, IllC.
Hempt Bros., Inc.
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Complete items 1, 2, and 3. Also complete
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. Print your name and address on the reverse
so that we can return the card to you.
. Attach this card to the back of the mailpiec6,
or on the front if space permits.
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MICHAEL L. BANGS, ESQUIRE
J.D. NO, 41263
429 SOUTH 18TH STREET
CAMPHILL,PA 17011
(717) 730-7310
HEMPT BROS" INC"
Plaintiff
ATTORNEY FOR PLAINTIFF
vs.
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
HOME DEPOT USA, INC.,
Defendant
NO. 2005 -6763 1'1 L D
CIVIL ACTION - LAW
MECHANICS' LIEN
AFFIDAVIT OF SERVICE
MICHAEL L. BANGS, being duly sworn according to law, deposes alld says as follows:
l. That he is the attorney for the Plaintiff herein.
2, That on January 4,2006, a true and correct copy of the Mechanics' Lien Claim filed ill
the above-captioned matter was served by hand-delivery to Ronald Myers, the Manager of Home
Depot, lOB South Hanover Street, Carlisle, Pennsylvania.
3. Attached hereto and marked as Exhibit A is a true and correct copy of the Service of
Process,
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MICHAEL L. BANGS ~, i--
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I COMMONWEALTH OF PENNSYLVANIA
COUNTY OF: CUMBERLAND
PENNSYLVANIA STATE CONSTABLE
JAMES FAIR
704 BOSLER AVE.
LEMOYNE, PA. 17043
(717) 975-0706 (Res)
(717) 580-6169 (Cell)
SERVICE OF PROCESS
Ll;~HP '1 l~:ROS., IN C. j
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DEFENDANT: NAME and ADDRESS
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lIOHE DE1)C:T l,S,A.. ~ INC.
Docket No.:
Date Flied:
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Describe Document(s): (Person to be Served)
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For Landlord/Tenant complaints:
Since none of the above found, served by posting a copy ot the complaint conspicuously on the
premises on
, at
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(Date)
(Time)
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MICHAEL L. BANGS, ESQUIRE
LD. NO. 41263
429 SOUTH 18TH STREET
CAMPHILL,PA 17011
(717) 730-7310
HEMPT BROS., INC.,
Plaintiff
ATTORNEY FOR PLAINTIFF
vs,
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)
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
NO, 2005-6763
HOME DEPOT USA, INC.,
Defendant
CIVIL ACTION - LAW
MECHANICS' LIEN
PRAECIPE
TO THE PROTHONOTARY:
Please mark the Mechanics' Lien Claim previously entered in the above matter
SATISFIED,
Respectfully submitted,
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lMICHAEL L. BANGS
Attorney for Plaintiff
429 South 18th Street
Camp Hill, P A 170 II
(717) 730-7310
Supreme Court ID #41263
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