The URL can be used to link to this page

Home My WebLink About97-04098 Nu. 97- 40C(';s ,'IcO CiLN IR"ClOR:L\U\lVUCQLLIL~), .)!jl<lj 'IV' I : IllS ,C;R[t\\U..:'. IIl,Hit.. .lOtI nmdud~d thi" Ulth d." of hllh', I'd,.., I,..I\H"'" \ IH )\V~ "'\\[I:IC \ '.. II(OPFR fIE~. 1.1'. \\ilh dn .1CJdr~!!Is of luhm,lm\o, ft,'uu,\,I\"H'j, \ '0\\11'" ( lI'hfrllllilln '\);l'I'I"I. .Inci U;,. 'It!nlrllclur''), \"hcr",l~ bv.. dul\ C\ct..ul,'d \\rilten punhll!lt" ord,'r Hhc "Pun l'....c ()rd,'r"), .l'Upy 01 I..hith i.. .1I1,1{h~tI hereln.1S E\hihil "'(,.. .md Ihe prc)\isionli ni \\hi,h .1rl' m.ult.' ,1 fltHt hcrcui ,I' ii lull\" ",,1 'mlh herl'in, O\\'ner:(on~trU(IiCln ,\gl"nl ,met Conlr,lllnr h"nl" (Onlr.lrled tor till' ,'n.'(Holl, lum,trllllioll .mll completion of Office Md\, C.uli,le I'ldld Sl,ip Cemle" (Ihe "Imp,ml''''''''''"i: ,11111 \Vherl.-,lS by Ihe lerm, of the PurchJ\(! Order; Conlrdctnr hlh UI',~~",.IOI,'d. prnmi'l"d IlIuf ,Igu,',~d tholl no mcch,lnics or m.llerio1lml"n's lien or ddime; \\ould he tiled or rll.lillt,lined ,.g.lin\llhe P'CJf)l'rh ur 1m\' parllhereuf either by hirn\cli or 11n)One el'!oe ior Uf un lie-count oi 1U1~ \\01"-. l.lbor or fnltlt.'ri.11, \uPl'li'ld in the performance of th~ Purcho1!'te Order, or und~r I,"" \upplen,enl,11 ~ IJlItr.uI Of (Of "',Ir,l ",or". in Ihe erection. ron!'lruction or (ompletion ui the Impro\'cmt'nh tm Ihl.' "'(Jlw'lv, 'ubied tn ,IOd lunttitium.d upon O\\llers timely p"'fOl~nh tn Contrdctor in ,1nord.mH" \\ilh Ihe (~IOIr.1d Purt hl'''~ Ortll"f~" ,117. 001 '.n\> I HIS ACRI \\E....I \V1l....ES~ElIl: 1. the Conl'old,)r for him..clf .lnti .'"\Ulll' \"1..", .lding 0' t 1.liming thrnu~h or und,,'r hil1\, Illr dn in (unsidt.'r.lliun of Ihe Puflhd...." Orrh."r dntl the fUI1,id..-r.ltion" rnl'nlinrwtllht;',,'in, .\fllt in order\ !o pL"tmillhc O\\nerCon,lrudion ..\~{'nl tn pHtt urt.' It,... 11l.l~in~ ,,' unt"' 1'( I"utt" 10.':10" 'In Iht" IllIllfo,..-menls .1nd the ProP\'rh ,lnd inh-ndilt~ 10 t" h'~I,II\ bound 'wr"')\. dHt'''' he-retn, \\,Ii\'t'r. rel.....'Jt.. rt'linqui!loh Imd quildolim in IJ\ur IIi Ihe O\\nt.." (",,,Inu.hnt' Altt"nf .md e.Jd, .tnd e\l~r\ lender on the Prnl~rh oInll Improu'fTl(lnh. ,.11 f i~ht In lI...n, ( t.lIm fir nolkl' oi inlentiun to iile dn\" lit'n or (I.lim, .md nOl'" '''''H''II\ lU\t'rI,mf. luumi.,' .Iml ,t~ll-t~ th.lt On li,'n or dolim 01 ,m" L.ind \\h.lhcK.~"~' "hdll h\.. lilt'd .., m.\lfll.,int"d oI~.lin"t It". I",pr;.;\~menh or the .....tllle Of titlt;! of 0"0('" Cnn,hu<< lIun \ltt"n! Ullhl' fnnp,'th b\ or In ihe n.lml" ui nmtractur or dn\' \ub{onltoldor, m.lIcri.llnwn or 1..burN'i 101 \\nt" d1'f1t- or m.lIeri,,)') turni..h..,tI undt;!r the Purlh,lw O,d,,"r or h, .\In nth.."r 'lotfh ,tt tin~ thr'lU:;;h I" under them or .In\ or them tOf' Ilnd .dlOut the improH'IH,,'nt u' Ih.1 P,oSk"h ur .m\ IMfl thereof. or on crt"dit thereoi. and th..Jt dlllroulKnnlr.u tm,. m.th",i.lIm,.rt. dllt' (.:IhltH"" un 'hi" \\o,k >h,llllook 10 dnd hold Cont'd' Inr """on"lIy Ii..hh. ill, ".1\ on~nl oi .111 ...1" nnll... It.". materi.lI!1 iurni'iht.od and \\or" "nd Idhnr dnnt", ..c, thlll Iht'H" ,hdll nut tw ,lf1' 1t1~.,1 tM t.l" h,1 cldiltllli dO'" L.ind \\hoJh."\cr d.olinllrot O\\nerConliolrUl lillf1 A~I'nl ior .1Il'!. \HI'" ,lulW '" l.thm or l11,f;t"'ri.lI't iurnil.,fu."lf f)Unudnt tn Ihl' Pun h....,. Ord,',- 11)r ,Hili ,11I"u' 1tU' t""',IIH". fonstr:Jdion ~nd ..ompletion olthl-1mllru\tlmCfl'40, or unt'", .un {(mlrlh I tlr l h.m..~ __,.t"'f lor f\i.r" \\urL. nr in,. \\01'1.. \uppllMTll'nl.1llh,"n"to il' otht.',\\i~,-.. , I hi, .\gft"t'ment \\.,i~in~ thl" right oi lien !thlllll>>' .111 IHlk'I)"'I1lJ,'nt t uu'n.utl <Inti ~h.tll ope'dh." .and be! t"iiet.tiH" 01., \\ell \\ilh fl.~'~' 110 .\or"- dnn(1 .ute! m..leflllt., tu,ni"ht"t untl,-, ,In\" ~upplemenl.ll conlr.ld tlr dlolngll urdt'!' inr c\lr.. \H'rt 10 fhe- t"~ tifln. . IlthhUt tinn '" and "omp'etion of thl' Imprt1\erTWnh d' 10 oln\ \\luL .md l.ahul" Il~~h" dud ,",1ft', i.il", iurni.h..d pu"u.,nlto th.. I'unhdw Ord.." Jm' .h.,lIh,nd .111 "1<' "'''If' .,"II..,,;~", ..I the Conlratlor. rh,' Contr.1dor ...re('\ tholt il h." nlll ,Ult'. "lII nnl ,''''''Rn ih, ".flll hu ll.l\mt1nl under th.. Pu" h..", Order. . , . CONTRACT f'l'llCHASE ORDER NO, 5227.0001 .' I , 7 'fl1l7 CROWN AMERICAN PROPERTIES, loP. P asquerllla Plaza Johnstown, PA 15907 (814) 536-4441 I " ..,1 ~.~, 'l)t. ...~, '4- - DATE: June 16, 199? TO: EDC 1001 Boulders Parkway Suite 100 Richmond, VA 23225 804-32().5555 Dlsulbutlon to: Accountlnll'-Chrls Jordan Insurance LIIJI-ChrIs Shtrfd.1n; FIeld Flle-P.O, Book Flnance-GwfIl Hannett RE: Oftlce Max . Carlisle Plaza Sulp Center SHIP TO: Georve Schultz urllsle PLua 90 E. HIih SUeet and Vortc Rd. Urlisle, PA 17013 CORP: M PROJECT: QllA JOB: 022l AREA: Q4gg DESC. GfIleral ConWlKrinn COST ACCT. VariouS $ 622.ooo.QQ In consideration of the lump sum of $ 622.000.00 Includl", an fees, PMnlts, Ullts and Insurance's you will furnish all labor, materials, supervision, 1115P<<tIons, tools, equlpmflll, scaffold, hoIsdnr, safety, and layout ~ required for the complete perfonnance of the foIlow1", scope(s) of wort meed", all local, state, and federal reeulatlons and to conbm with the plans and speclftcations whkh Me hereby inc~ by reference as pm of this conUxt: DISPOSITION OF P,O.: Failure to accept Purchase Order within live (5) clays Is reoon to uncef order. I, SCOPE OF WORK: Vb rhIs P\lI'Chae order, you s!WI pnMdt COIlSUIll sUPeMllon. Illllltd lNIIpOWer, Iibor. nuteriaIs s: equ~mfllt co compIece .. ruJ/y ;accepuble 22,645 sq. rt. orne. Ma bulkklutln KCOrdallCt wIdIlhe COIlStruaIon documents u ~ by G. Henhm.Jn ArchktCtJ u Ibttd on lhe tndostd pJ,n 1111 dated +1-97, PI'OIea IlWIU;aJ ulndlattd on lhe fIldostd Indellbt dattd 2,97, ,nd Addtndums , I, MId'2 dattd H.vd1 J MId II, 1997 rtspectIwIy. Y lI'Ucdon s!WI procffd 'nd bt compltttd In Kaltdanc:. wkh lhe fIldostd consll'Ucdon schtdult dated ,97. Your wortc I!WI sPtdllc.1l/y lncIudt but not bt IImktd 10 ~ Ptnnks, IndIcInr IoaI bulldlnr permits s: MId 0CCIlpAncy ctrtlftc.atft (loaIa SUlt)..flS:1 ;approv;a/ reclb\td by Oown). Set -General ft- on P'It 10 for l'unIItr stlpulAdons. 23 ~ ~TAl $622.000.00 _..~J",. ,99', By '/'--- ) . tr::Jij;,""'''' U. .,' i. 00uctM ftS . Prof<<i HWIW CONTRACT PURCHASE ORDER NO. 5227.0001 ., 1 b) Employee parking areas and conuactor staging/storage areas shall be designated/regulated by Crown American's field superintendent. Only consuuction vehicles and equipment actually engaged in perfonning work will be pennined beyond said designated areas, I c) You shall do all layout work required for the Installation of your work, You shall be responsible for the c1ean'up and removal from the lob site of all debris created by your work and personnel, Failure to comply with the clean-up requestslinsuuctlons from Crown American's Consuuction Supervisor will result In the clean-up being done by others and the cost of same being backcharged to the conuactor, 1 d) Submittals: Submit Immediately, but not later than the submittal due date(s) shown below, eight (8) copies each of all shop drawings, catalog cuts, material samples, eoc, as may be required by the plans and specification relative to your scope of work to Crown American for review, Crown American will not be held responsible for any materials purchased, fabricated or Installed prior to approval of submittals for same. Furnish two (2) sepias where drawlnes are required. For sprinkler only furnish six (6) print sets with Factory Muwal Stamp. Failure to provide adequate copies will result in a backcharge of $50,00 for each photoCopy or reproducible made by Crown American, All samples must have job name and store name on area clearly Indicated with submittal date. Submittal local Pennits All equipment All materials Due Date Immediately 2 weeks after award 2 weeks after award No, of CODies 3 8 8 Sent to: Douglas L. Wess Douglas L. Wess Douglas L. Wess 2, COST BREAKDOWN: For Involcll1f purposes, you shall use the following cost breakdown on A.I,A. fann No. G703: !Iml 1 2 3 4 5 6 7 8 9 10 II 12 13 14 15 Cost Account 01994 02110 06000 09500 OBloo 08400 03000 09150 09760 15020 15400 15510 16000 16000 07299 DescriDtion Bldg, pennit Demo Metal swdsldrywalVtapelspackle lay-In celllng tile and grid DoorsIframeslhardware Storefront glass and glazing Patch/repair concrete ftoor Palntil1f and wall ftnlshes Floor ftnlshes HV AC unit! ductwork & accessories Plumbll1f/toIlet rooms Sprinkler modlllcatlons E1ecu1ca1 materlatslfixtures and gear Electrical labor Rooftl1f patch at modlllcadons :~..~j"_'P97' I conuxw) . Aw 0600 0600 0600 0600 0600 0600 0600 0600 0600 0600 0600 0600 0600 0600 0600 Amount $2,800.00 $27,575.00 $43,765.00 S3,085,OO S29,056,oo .S5,890,oo S8,loo,oo $21,860.00 $26,820.00 571,800,00 $20,980,00 $20,700.00 549,295.00 $49,610.00 57,045.00 - CONTRACT PlIRCHASE ORDER NO. 5227-0001 , J Specialty equipment Storefront facade/sign band General Consuuction 100% payment performance bond GRAND TOTAL J CONTRACTOR'S OBLIGATIONS: 16 17 18 19 13050 07715 01000 01910 0600 0600 0600 0600 $41,320.00 $ 10,000,00 $174,799,0 $7,500.00 $622,000,00 3a) Security: Security llUard services will be furnished by contractor as required to satisfy Office Max and Crown American, You shall receive, unload, and secure all materials required for your work, whether furnished by you or furnished by others, 3b) Schedules: You shall properly man the project at all times so as to meet and maintain the attached consuuction schedule Issued by Crown American and all subsequent Issues of same, or as directed by Crown Amerkan's Field Construction Supervisor and/or Proiect Manager. All costs for ovenlme, If required by your failure to meet said schedules, shall be bome by you at no expense to Crown American. Contractor agrees to commence performance of the contract wortc within five (5) days after notice from the Owner, and thereafter to prosecute the same continuously with due dili(ence so as not to cause any delays or Interference with the completion of the Project. If the Contrxtor does not complete the contract wortc upon notice as aforesaid, or If the said work Is not performed with due speed, the contractor agrees, upon seven (7) days' notice from the owner, to supply such equipment, materials, overtime work, workers and other devices and facUlties as the owner shall direct so as to expedite the completion of the wortc, Such notice, once given, shall continue In effect until the work specified therein has been fully completed, even thouKh the Contractor has acted under the notice but has failed to continue to do so uninterruptedly until complete perfonnance thereof, Contractor shall work overtime, Saturdays and Sundays at the direction of owner without additional cost to owner If such overtime and Sawrday and Sunday work Is necessary to cure delinquency In maintalnlna established completion schedules and such delinquency Is due to delays by Contractor, It Is agreed that time !s of the essence of this contract and that Contractor shall progress and coordinate the contract wortc with all other wortc as directed by the owner so as to - ensure the owner or to obtain the earliest poulble completion of the Project, even thouah the rate of progress at the time any directions are a1ven may be further advanced than that anticipated In any schedule previously furnished In connection with the perfonnance of the whole work or any part thereof, Where the Contractor has knowledae, or, In the exercise of ordinary auentlon to Its operations, should have knowlectae, of the necessity for Its work or any part thereof to progress at any particular time so tha' ensulna operations by others will not be delayed or Interfered with, but falls to cause such progress, the Owner may, without any notice to Contractor, permit such operations by others to proceed even thouah the performance thereof Wl11 result In the contractor's belll1 required to cut and patCh and otherwise repair or restore the work of said ensullll operations by othen In order to Install the pan or paru of the contract work which :-..?~~. '99', I Oftl1xtor) :: Q-JttOOn~,U. ..... L'V......- CONTRACT PURCHASE ORDER NO. 5227-0001 4 the contractor failed to InsLlllln a timely manner, and the cost of all such cutting and patching, repairs or restoration shall be borne by Contractor, When the conditions set forth In the paragraph are present, the Owner shall be under no obligation to give the Contractor any of the notices elsewhere provided for In this contract, and the rights granted In this paragraph shall be In addition to all other rights granted In this contracL NOTE: If delivery/erection Is delayed for any reason, this contractor must notify Crown American's Project Manager and Construction Supervl50r In writing of the duration of and the reason(s) for S.1l1le, as well as the appropriate action you will Llke to meet schedules. 3c) Job Conferences: Regular weekly job conference meetings will be conducted on site by Crown American's Project Manager andlor ConstrUCtion Supervisor .'It contrxtOrs field office. All meetings are tenLltlvely scheduled for every T uesdav at 10:00 a.m, throughout the duration of this projeeL You will be required to be properly represented at each and every meeting, Crown American's Consuuctlon Supervisor's name, address, and telephone number are listed In the .Shlp To. Information on page 1 of this Purchase Order, 3d) Field Measurements: You are hereby held responsible to hive visited and eunlned the bulldll1l and site to satisfy yourself as to the conditions whkh would in any manner affect your work. You will be required to field verify all grade, levels, Ones and dimensions as shown on the contract documents, You shall responsible to nodfy Crown American's Office and ConstructIon Supervisor of any errors, providing sufficient lead. time for corrective action to be Llken (within 2 days of start of work). 3 e) Provision of ConstrUCtion Documents: As pan of this contract, you will be provided with one (1) set of blue line prints of drawings and one (I) photoCopy of specUlations, addenda, and bulletins as per the drawing and specification lists atLlChed hereto, It Is your responsibility at your sole con and expense to make any and all copies of the constrUCtIon documents as r~ulred for your use as well as Nt of your suppliers, subcontractors, ftC, For . as-built. drawings, Crown American will provide you with one ( 1) reproducl&le sepia set of drawings to be retUrned to Crown AmerIcan with your as-built noLltlons thereon, (See section Sa) herein) . You must request these in Mltll1I from the project manager. 4 TEMPORARY SERVICES 4a) You shall provide your own sanitary, telephone, water, and temporary electrical facilities and other temporary utilities required ror your work or workers. Temporary llaht and power ror the constrUCtion of the new buildings wID be provided by your electrical contractor. The con of consumption of electrical power required ror the on site InsuI1adon of work, Includll1l your IIeId ",,_..~..,J.~ '''', Iy . V\.-- P" CllnlfInOl) . By: Iy 1'rolMnhs, LoP, CONTRACT PURCHASE ORDER NO, 5227-0001 s office(s)/traller(s), shall be billed to and paid by contractor, S AS.BUIL T DRAWINGS: Sa) Upon completion of your scope of work, you shall furnish to the Project Manager one set of reproducible as.bullt drawings. No reulnages withheld will be released until the as-built drawings have been received, 6, JURISDICTIONAL DISPUTES (TRADES OR CRAFTS): 6.1) All jurisdictional disputes arising on this project In connection with the crafts for this work andlor the furnishing of this material shall be adjusted and settled at the descretion of owner by the NadonalJoInt ~rd of SeuJement of Jurisdiction DisputeS in the Building and Consuuction Industry only, However, Contractor shall be responsible for the continuance of work while said disputes are pending, This paragraph ukes precedence over any specifications. 7, CLAIMS AND/OR DISPUTES: 7.1) All claims, disputes and other matten In question betWeen the Contractor and the Owner arising out of, or relating to, the Contract Documents or the breach thereof shan be at the discretion of owner decided by coordination and neaodatlon between the parties. All attempts should be made to have all disputeS sealed within seven (7) cbys written nodee of dispute or claim. HOW1MI', contractOl' shall be responsible for the continuance of work. This paragraph take precedence over any speclllcatlons, 8 PLANS AND SPEClFICA nONS: 8.1) Your scope(s) of work shall conform to the plans and speclllcations whkh are hereby incorporated as part of this contract, as enumerated on the attached Drawing and Speclllcatlon Listing, 8b) There wUl be no deviations, additions, deletions, etc. from the plans and speclllcations without the written authorization of Crown American's Facilities Planning Division. 9 PAYMENTS: 9.1) Invoicing: An applications for ~ts shall be prepared In triplicate on AlA G-702 and G-70J forms and shall be presented to Crown AmerIcan's Construcdon Supervisor and Project Manaaer on site for verlllcatlon and s/cnature prior to submltul. Submit monthly applications for paylMnt triplicate, property verified, notarized and accompanied by a notarized Affidavit and Release statement from you iIld all subcontracton iIld suppllen that you have employed, (subcontracton iIld suppliers release swtment shall be due In Crown's office 15 cbys after your receipt of payment), to Crown AmerIcan, Attendon: Facilities Planning, (The Accountlnr Oepanment wID submit invoices to the Proiect Manaaer for his IinaI :-~,}.~ '99', c KtOr) By: Iy PropenJes,l.P. ,ss . ProI<<t Hwp CONTRACT PURCHASE ORDER NO. 5227-0001 b approval,) All invoices must reference the Purchase Order Number and item number to which it applies, No one Invoice shall reference twO separate Purchase Orders and retain age payments must be invoiced separate with Final Affidavit and Release, Applications for payment must be reviewed by the contractor, Crown American's Construction Supervisor and Prolect Manager and then received before the fim day of each month at the Crown American office, Checks for payment will be mailed the first Friday of the following month, Those payment applications rejected shall be revised by the contractor and resubmitted by OVERNIGHT MAil to the Project Manager at the Crown American office, prior to the 4th of the month to insure payment within the cycle as outlined in the example below. Ten percent (100/0) retainage will be withheld pending completion of scope of work and Crown's approval of completed work, 9b) Retalnages: No retalnages will be released until such time that the following has been received by Crown American's Project Manager: I) All work has been completed and approved by Crown American and the Architect(s) per plans and specifications, 2) Your written guarantee pursuant to paraeraph 12 hereof, notarized and witnessed, has been received along with your final Waiver of Liens properly executed and notarized, 3) As-Built drawings have been received and the Architect(s) per plans and specifications, 4) You have billed separately for the retainaae. 5) Equipment guaranteeS/warranties. 6) Final vendor list and Statement of payments Status of each vendor, 1) ApprovalofftnalpunchlUL You may Invoice for any retainages withheld thirtY (30) days after satisfactOrY completion of your scope of work. Certificates are payable as delineated In the aforementioned Invoicing paragraph. 9c) Waiver of Liens, Subordination of Liens or Right to Lien: Contractor must: (I) execute and have notarized and submit a Partial Waiver of Liens fonn with each Invoice In an amount equal to the total amount Invoiced by Contractor to such date, payment of such Invoice Is contingent \Ipon submlulon of the waiver, and (2) Contractor must also submit a Final Waiver of Liens upon completion of all work, and acceptance by Owner, as a condition to release of any retainage due to Contractor, Contractor, subcontractorS, suppllen and materialmen are required to execute and have notorIzed a Contractor's Waiver of Liens Aireement and submitted to Crown prior to commencement of work. In any event and under all c1rcumst.ances, Contractor hereby agrees that any lien or cJaIm which Contractor may now or hereafter have against the property upon which the Improvements are to be made, for materials or services expended or used upon the same, In subordinate to the Interest of Lender under any Mortraae, Deed of Trust, or Security Deed that now exlsu, or may hereafter be placed upon the property or any pan thereof and to an advances made or to be made thereunder and to the Interest liens which Contractor may have otherwise had for past, present, or future materials or services placed In _..~.j'''''''''''''7. 8y "-- ?/( COfIf1XfDr) :~~-~.,. DouiIM L. . Pnlfea ~ CONTRACT PURCHASE ORDER NO, 5227-0001 7 or upon or performed upon said properry, The provisions of this paragraph shall be self'operative and no further Instrument or document shall be necessary unless required by any Lender under any such Mortgage, Deed of Trust, or SecuritY Deed, Should any such Lender desire confirmation of such Subordination of Lien, rights, Contractor upon written request, and from time to time, will execute and deliver without charge and In form satisfactory to such Lender all Instruments andlor documents that may be requested to acknowledge such Subordination, 9d) Extras/Credits: (No extras shall exceed 10% Profit and Overhead Total), You shall upon receipt of any revised plans from Crown American, immediately review same with respect to the physical and mOnetary effects of same upon your scope of work, and shall, within seven (7) days subsequent to the date of Crown American's transmittal of said revised plans, report In writing to Crown American the monetary change to the contract for Crown's approval, Said written notice shall contain a description in sufficient detail and breakdown of the change to your scope of work so that Crown may be able to review, No work in conjunction with the revised plans shall commence until the scope and monetary change has been reviewed and you have received Crown's written approval to proceed. Documentation must be Itemized Adjusttnents In the contract amount or contract time, If any, resulting from such changes shall be set forth In a Purchase Order Change Order Issued by Crown American, If Crown American does not receive said written notice within the ten days, it will be deemed that you have agreed to perform all revlslons in work, and further that the contract amount as adjusted by monetary change, if any, detennined by Crown will be deemed to be full compensation to you for perfonnance of the full contracL You cannot Involcl! for any extras prior to receiving and executing a Change Order for same from Crown American, Consuuctlon Supervisors are not authorized to approve extras, They must be approved by Nicholas ). Pasquerllla or the Project Manager, a Facilities Planning in-house staff member, NO FIELD CHANGES SHALL BE PERFORMED, EXCEPT BY WRITTEN AUTHORIZATION FROM CROWN AMERICAN HOME OFFICE. Any work required and authorized will carry a maximum total contractor's overhead and profit of 10%. No reimbursement will be due the Contractor because of changes to construction required due to errors andlor omissions or negligent acu of the Contractor, the Contractor's agents, employees, or subcontracton or materials suppliers. - ge) Liquidated Damages: Your failure to deliver shop drawings, cataloc cuts, material samples, et(, as scheduled with the Pro/ect Manager or within twentY (20) days If not specified In this Purchase Order will result In a late day penaltY of $ 100,00/ day and will be calculated upon the number of days the material arrives late beyond that date shown on the construction schedule. Failure on your part to properly perform your scope of work pursuant to the consuuctlon schedule shall result in a penaltY of seven hundred fifty dollars ($7S0.oo)/day liquidated damares for each day that consuuctlon progress Is retarded as a direct result of your failure to execute your work. The above penalties will not apply to causes beyond your control such as, but not limited to, :-~ t/ COftO'ICUlr) 1997, By: By CONTRACT PURCHASE ORDER NO, 5227-0001 g Acts of God, Infonnation withheld by the Owner, Construction Agent, or Engineer. 10 INSURANCE lOa) Contractor's insurance must meet Crown American's minimum requirements: I Comprehensive General LiabilitY, Including coverages for Contractual LiabilitY, and Products. Completed Operations, and Explosion, Collapse, and Underground with at least twO (2) Million ($2,000,000) combined single limit per occurrence, If contractor's liabilitY insurance policy is on the new 1986 ISO Fonn, then it must: (A) Have the Owner's and ContractorS Protectlve fonn, (B) For blasting contractors; have blastlng operatlon not excluded from coverages, II Automobile LiabilitY, with at least five hundred thousand ($500,000) combined single limit per occurrence, 111 Crown American Is to be an . additional Insured" in regards to I and II above and so named on certificates of Insurance, NOTE: the certificate of Insurance should list the Crown entltY as shown of the signature line below, IV, Workers' Compensation for all states In which contractor shall be perfonnlng for Crown American and shall be subscriber to and In good standing with the respectlve State's Worker Compensation Fund, lOb) A valid Certificate of Insurance must be provided immediately to Crown American prior to any performance under this Purchase Order, but no later than ten ( 10) days from the date of this Purchase Order, It shall: 1. Certify all coverages required in Paragraph lOa above have been met. II Provide that Crown American shall receive wrlnen notice at least thirty (30) days In advanc'.! of any cancellation or material alteratlon of the policy, II BONDS: II a) Provide 100% Perlonnance and Payment bonds and one (I) year maintenance guarantee with surety, Cost to be separate in paraaraph 2. BIlling, for possible deduct by Crown American. 12 GUARANTEES: 12a) You shall be responsible for a one (I) year minimum guarantee and In some cases, a Ioncer period as required by the specifications. No reulnages withheld wllJ be released until such time that your written guarantee and equipment warranties an! sent . twO (2) copies each to the ProIect Manaaer' and accepted by Crown American. The start datI! of the guarantee period shall be not sooner than the publklzed opening date by thl! Owner of this proIect and must appear In this document, as must the dati! of expiration of your guarantl!t. Equipment guarantl!tSlwarrantles must have the model, serbI, .fv- \ Accfllltd this -1 {\ of,..J "........ 199 7, By :~:;;:;:-.,. L, , . tel M.wItr CONTRACT PURCHASE ORDER NO. ~227-0001 (j and unit numbers shown for Identification, along with the project name, 13, SAFETY: 13.1) You are to appoint a lob site "Safety Man", His name Is to be Riven to Crown American's Construction Supe/'\ll50r for record prior to SLut of conuact work. You are responsible for Initiating and malnLllning your own Safety Programs, Be aware that although you are conuacted by Crown American to perform certain work, you are still responsible for malnLllnlng a Safety Program that agrees with OSHA Regulations, You will be responsible for any tines levied against you for noncompliance, and .1150 will be responsible for any lost construction time due to your own negligence In this mauer and shall hold Crown American harmless as provided for In ParallTaph 14 below, You are to provide all needed safety Items as required for your phase of work, This Includes but Is not limited to all safety barricades, daily clean-up of debris and removal of same and providing other pedesulan resulction devices needed to avoid accident or Injury. Any damages or Injury caused by your work will be your liability. The Conuactor shall Llke all reasonable precautions with respect to his work; shall comply with all safety measures Initiated by the Owner/Construction Agent and with all applicable laws, ordinances, rules, regulations, and orders of any public authority for the safety of persons or property In accordance with the requirements of the contraCt documents. The Conuaaor shall repon within three (3) days to the Owner/Construction Agent any Injury to any of the Conuactor's employees at the site, 14 ALCOHOL AND CONTROlLED SUBSTANCES: 14.1) AccepLlnce of this purchase order will hold you, the conuactor, responsible for the acts/actions of your crew members under your employ while at the lob site, No conuolled substances or alcohol will be pennlued on any Crown American job sites, Individuals found to possess and/or be under the Inftuence of conuolled subSLlnces or alcohol may be prosecuted by local authorities and will be deemed to be a subSLlntlal violation of this conuact and will be valid grounds for the immediate termination of this conuact, should Crown American, In Its sole discretion, 50 determine, Any fees, includill( legal fees, wJ1l be the responsibility of the conuactor, 15 INDEMNIFICATION: I Sa) Conuactor will. defend and will Indemnify Crown American, the ~rchltect, and the Owner, their agents, servants, and employees and save them harmless from and against any and all claims, actlons, damages, liability, and expense (Including, but not limited to auomey's fees and disbursements) In connection with the loss of life, personal Injury, loss by reason of accident, Infringement of patents, or damage to propeny or business, arislll( from, related to, or In connection with the Conuactor's perfonnance of work pursuant to this purchase order, or in connection with any part of Crown American's or the Owner's property, real, personal, or otherwise, occ~ed wholly or In part by act or omission of ConU.lCtor, Its subconuactllrS, agents, servants, or employees; or their mpectIw agents, servants, or employees. k,. J A""''''''~' IJ~ By ~ (contrxwr) 1997, 1r:J;f-:'U' By , . LA-- L ",. PnlIfCt HM\IIW CONTRACT PURCIIASE ORDER NO. 5227-0001 10 16 ASSIGNMENT: 16~) This purchase order sh~1I not be assigned, nor ~ny portion of the work described herein be subcontracted to ~nyone other th~n the entity n~med hereon, without written ~uthorizatlon ~nd ~pprov~1 of the owner. Provided however, Crown Amerlc~n is expressly pennitted to assign its rights' under this Purchase Order as coll~ter~1 for ~ny fln~ncing contempl~ted by Crown Americ~n. ] 7, OWNER'S/CONSTRUCTION AGENT'S RIGHT TO CARRY OUT THE WORK 17~) If the contr~c[Or def~ults In or is Il'Ullty or ~ substantl~1 vlol~tlon of the tenns hereof or f~ils to perfonn ~ny provision of the contr~ct, the Owner m~y, ~fter seven (7) d~ys written notice to the contractor ~nd without prejudice [0 ~ny other remedy he m~y h~ve, m~y In Its sole discretion ~nd without ~ny obllg~tlon [0 do so, m~ke II'OOd said deficiencies In ~ny such def~ults, In such case ~n ~pproprl~te ch~nge order sh~1I be Issued deducting from the p~yments then or there~fter due the contractor the cou of correcting such deficiencies, Including the cou of the Owner's ~dditlon~1 services m~de necessary by such def~ult, nl!ll'lea or f~lIure, If the p~yments then or there~fter due the contr~ctor ~re r-ot sufficient to cover such amount, the contr<KtOl' sh~1I p~y the difference to the Owner. 18, TERMINATION OF THE CONTRACT: Tennin~tion by the Owner/Consuuction Agent 18~) If the contractOr is adjudged bankrupt, or if he makes a general assignment for the benefit of his crediton, or if a receiver is appointed on account of his insolvency, or If he persistently or repeatedly refuses or falls, except In cases for which extension of time Is provided, to supply enough properly skmed workmen or proper m~terlals, or If he falls [0 make prompt payment [0 subcontractors or for materials or labor, or persistently disregards laws, ordinances, rules, reau1atlons or orders of any public ~uthorlty having jurisdiction, or otherwise is Il'Ullty of a substantial violation of the provisions of the contract documents, then the Owner/Consuuctlon Agent upon certillcatlon may without prejudice to any right to remedy, and after giving the contr<KtOl' and his surety, If ~ny, seven (7) days written notice, tenninate the employment of the contractor and take possession of the site and of all materials, equipment, and machinery thereon owned by the contrac[Or and he may finish the work by whatever method he may deem expedient. In such case, the contractOr shall not be entitled to receive any further payment until the work is finished, THIS CONTRACT IPURCHASE ORDER REPRESENTS THE ENTIRE AND INTEGRATED AGREEMENT BETWEEN THE PARTIES HERETO AND SUPERSEDES PRIOR NEGOTIATIONS OR AGREEMENTS, EITHER WRITTEN OR ORAL. 19 CONTRACT DOCUMENTS: The foIlow1l11 attachments are hereby Inc~ted as a pan of this purchase orden . I, Construction Schedule Dated 6 I . 7 d2 r 2 Pan/a1 Waiver of liens Aareem t Z 3 J Final Waiver of liens Agreement '-' ::-N~?~ ~conl1KtlJ() 1997, By: Amtrlcan Propenltl, l,P, en . ProItct MJNItl' CONTRACT PURCHASE ORDER NO, 5227-0001 II 4, AlA Forms G702 & G703 5, Drawings as listed on drawing list dated 4-1-97. 6, Project manual as listed on Index dated 2-97 7, Addendum #I Issued 3-3-97 8, Addendum #2 Issued 3-11-97 GENERAL NOTES I, Provide your own weather protection for your work to maintain the schedule, This protection is to be reviewed with the Project Manager and Crown American's Field Superintendent prior to Installation and shall remain In place until work area Is completed and protected from the weather, 2. Blocking. All blocking wood or metal as required Is Included for rooms, partitions, aluminum fr.1lTling, roors, skyllglllS, toilet rooms, etc, 3. When required furnish and Install black Iron ceiling bracing. Hang only from panel points of joists and uuss top cord only not boaom cords, Do not hang from roof deck. 4, Schedule - Crown American's st.1rt and lInish dateS may vary from this purchase order. There will be no additional cost to Crown American due to these schedule changes. 5. New gas services from gas manifold to .111 gas lIred equipment. 6, Provide new concrete sidewalk as Indicated for entr3l1Ce. 7, Perform excavation and backfill for footings/foundations and subgrade for new frost pad. 8. Provide new glass/glazing storefront, sign facade & C.1l1OPY as Indicated. 9. Provide .111 strUcwral & misc. steel, loIsts & metal roof decking were required. 10, Provide built-up roof system patching complete as required for abandoned equipment and new equipment. II. Provide concrete slab on stone base as Indicated for all trenches bell1lfilled, 12. Provide complete HV AC and plumbing systems as Indicated Including .111 tie-ins to existing utilities and trenching and pm:hil1l for ~e. 13. Provide electric & phone systems complete, 14, Field changes. any changes made or requested by Offlce Max from field or offlce thOlt mOlY modify the scope of this contrOlCt must follow this procedure, 01, Notify Douglas L. Wess . Project MOInOlger. b. Mwt hOlYe sketch or revised plOln, c. Provide qUOlntities, unit cost and lump sum tool. d. Show 10% prollt md overheOld sepMOIte. e, Provide time fr.1lTle to do work. f. MOIke 01 speWl note if this wUl hold up job, g. Obuln both Crown Amerlcm md Olliee Max OIpproval before work suns, otherwise, no payment will be nude. 25. Provide (4) MaIntenance md OperOltlons blnden for Crown at end of job with sectlon for 1U001'OIncees. 26. Supervision. Provide on-slte supervlslon as needed. He shall coordlMe with Crown's Project MOInaaer. He shall provide schedule up-dates md dally equipment md nunpower reportS to ACCfllltdthls1~~, J~~ 1997, By m-1..-- I (COflflKflX) Iy <<t Mwtw '" ... :: ... - :E :a 0 ] I c '" ~ . ! 0 ! i j a !oI .. '" .J Ii 1 '" f ::l II: f ~ c ~ I ... ~ i 0 .. '" .. ., s; 0 .. II: .... .. .. i ! ~ ~ :> 0 I ~ ~ J J i ::l ~ ! u c I ~ .... c ~ '" .... II: II: ~ ~ !Il ~ ... c - ~ ;:;. ... ~ .... Ii ~ 00 :l J i I,;; S - 'I . _n_.__'_ I '" I ! ! ~ I I c i ~ II: II: U ~ I i I. I I ! ; IP :; i; 'I; i; I; I; I; I; ; ; I; I; I,; I; I; I; I; I; i" I:! !~ :: ," !Ii: I: l!:l I~ !:l Fl Fl ~ :- IJq Iil ~ Ii: !; !; 1 B I~ :~ :~~ I~ ;~ !~ ,~ ':ll :ll :ll i:ll ;1 i~ 'I 'f l' :1 'I ... i I I I I ! ii' " " I ' ; '; I; '; I; I; ; I; Ip I; ; ; ; I; 'I; '; I; I; I; ; . l~ ~ I- · · ft ~ ~ ~ ~ ~_ ...._ ...- .N ...- .... ,.... ,- - i'li .Ii 1- - i- 1- ~ ,- :- - - II' II' N ... . 'I 1'1 ,~ ,~ ;~ ~ I~;~:~ ~ ~ ~ I~ ,~ ~ C I'C 'I"" ,I I I, I ~I~ ii I'~ i! II I'~ IB I~ ,.'B I'~ 3 ~ l'B 13 ~ 3 I~ B 13 13 0;; i . I IP, t- i ,.. .- - 1M -, I 11.:,11, If I ilt If !Ii Ii i Ii ii Ii .1'1 !~ Ii it !i I,I, ~,I~ : II ... 'i II: I , ;! I... Q!- ... .. I . . . ~ . . . = = = , = I ~ . = iii ! II j t~ Ii DRAWING LIST OFFICEMAX CARLISLE PLAZA STRIP CENTER CARLISLE, PA Drawlna No. Drawlna Title Drawlna Date Revised .. . A-A Cover Sheet 2121/97 0-1 Demolition Plan 2121/97 A-1 Floor Plan 2121/97 A-2 Ceiling Plan 2121/97 A-3 Partial Plans and Sections 2121/97 A-4 Inteerior elevations and Details 2121/97 A-S Room and Door Schedules 2/6197 A-6 Exterior Elevation and Section 2121/97 A-7 Canopy Sections 2121/97 F-1 Fixture Plan 2121/97 M-1 Mechanical Floor Plan 2121/97 3/6/97 M-2 Plumbing Plan. Diagram & Details 2121/97 M-3 Mechanical Notes and Details 2121/97 316197 E-1 Lighting Floor Plan 2/21/97 E-2 Power Floor Plan 2/21197 3/6/97 E-3 Electrical Notes and Legends 2121/97 E-4 One-Une Diagrams & Unlsys Diagrams 2121/97 3/6/97 ME-1 Mechaniccal & Electrical S~tion 2/21/97 316197 .,1/97 Page 1 omaxdIist.xll CONTRACTORS WAIVER OF LIENS AGREEMENT THIS AGREEMENT, made and concluded this 18th day of lune, 1997, between CROWN AMERICAN PROPERTIES, loP. with an address of Johnstown, Pennsylvania ("Owner/Construction Agent.), and EDC ("Conlractor"). Whereas by a duly eleculed wrillen purchase order (the "Purchase Order.), a copy of which Is allached hereto as bhlbit "A" and the provisions of which are made a part hereof as if fully set forth herein, Owner/Construction Agent and Contractor have contracted for the erection, construction and completion of Office Mn, Carlisle Plaza Strip Cemter, (the "Improvemenls.); and Whereas by the terms of the Purchase Order; Contractor has covenanted, promised and agreed Ihat no mechanics or malerialmen's lien or claims would be filed or maintained against the Property or any part thereof either by himself or anyone else for or on account of any work, labor or malerials supplied in Ihe performance of the Purchase Order, or under any supplemental contract or for eltra work, in the erection, conslruction or completion of the Improvements on the Property, subject to and conditioned upon Owners timely payments 10 Contractor in accordance with the Contracl Purchase Order No. 5227. 001 NOW THIS AGREEMENT WITNESSETH: 1. The Contractor for himself and anyone else acting or claiming through or under him, for an in consideralion of the Purchase Order and the considerations mentioned therein, and in orders to permit the OwnerlConstruction Agent to procure the making of one or more loans on the Improvements and the Property and intending to e legally bound hereby, does hereby waiver, release, relinquish and quitclaim in favor of the Owner/Construction Agent and each and every lender on the Property and Improvements, all right to lien. claim or notice of Inlention to file any lien or claim, and does hereby covenant, promise and aBree that no lien or claim of any kind whatsoever shall be filed or maintained ar;ainst the Improvements or the estate or title of Owner/Construction ABent In the property by or in the name of contractor or any subcontractor, materialmen or laborers for work done or materials furnished under the Purchase Order or by any other party actinr; through or under them or any of them for and about the improvement of the Property or any part thereof, or on credit thereof, and that al subcontractors, materialmen, and laborers on the work shalllool< to and hold Contractor personally liable for payment of all subcontractors, materials furnished and work and labor done, so that there shall not be any legal or lawful claim of any kind whatever ar;ainst Owner/Construction ABent for any work done or labor or materials furnished pursuant to the Purchase Order for and about the erection, construction .lnd completion of the Improvements, or under any contracfor change order for edra work, or for work supplemental thereto or olherwise. 2. This Agreement waiving the right of lien shall be an independent covenant and shall operate and be effective as well wilh respect to work done and materials furnished under any supplemental contract or change order for eltra work in the erection, construction and completion of the Improvements as to any work and labor done and materials furnished pursuant to the Purchase Order, and shall bind all successors and assir;ns of the Contractor. The Contractor agrees that it has not and, will not assil" its claim for piymenl under the Purchase Order. ~ VIGILANT INSURANCE COMPANY 15 Mountain View Road. P. 0 Box 1615 Warren. New Jersey 07061.1615 CONSTRUCTION PERFORMANCE BOND CHUBB KNOW AU. MEN BY THESE PRESENTS that Eiler5llll8elqJ1B1t Corporatioo; D/B/A EOC 1OO1lloulders ~. SuIte 100; Richmnl. VA 23225 as Principal, and VIGILANT INSURANCE COMPANY, a New York corporation. as Surety, are firmly bound to CrtwIllrErican PI_ lies. loP Pa.slJ,Ierllla Plua; .lA.otu.'1. PA l5!m Bond No. 8919 fViTI as Obligee. In tha sum 01 Six IUIlred T~ T~ Ttwsan1 ani 001100 Dollars ($ 622.llXl.OO ), for tha payment 01 which sum, we blnd ourselves. our heirs, executors, administrators. and successors, JolnUy and severally. WHEREAS the Principal has entered Into a written contract dated .In! 16. 1997 with tha Obligee for Office MIx. Carlisle Plua Strip Center Carlisle. PA hereinafter referred to as tha Contract. NOW. THEREFORE, THE CONDITION OF THIS OBUGATlON Is such that, II Principal shall complete the contract work in accordance with plans and specifications, then this obligation shall be null and void; otheIWlsa It shall remain in lull force and effect. The Surety hereby waives notice 01 any alteration or extension 01 lime made by tha Obligee. Whenever Principal shall be. and be declared by Obligee to be In default under the Contract, the Obligee havlng perfonned Obligee's obligations thereunder, the Surety may promptly remedy the default, or shall promptly; 1. Complete the contract work In accordance with plans and specifications, or 2. Obtain a bid or bids for completing the contract work in accordance with plans and specifications. and upon determination by Surety of the lowest responsible bidder. or, II the Obligee elects, upon determination by tha Obligee and the Surety joinUy 01 the lowest responsible bidder, arrange for a contract between suc.:, bidder and Obligee, and make avalable as wor!< progresses (even though there should be a default or a succession 01 defaults under the contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost 01 completion less the balance of the contract price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder. the amount set forth In the first paragraph hereof. The term .balance 01 the contract price., as used In this paragraph, shall mean the total amount payable by Obligee to Principal under the Contract and any amendments thereto, less the amount properly paid by Obligee to Principal. The Surety's IlabDIty shall be only for the cost of completion of the contract wor!< In accordance with tha plans and specifications less the balance of funds remaining to be paid under the contract, up to tile penal sum 01 the bone!. The Surety shall in no event be liable to Indemnify or compensate the Obligee for loss or liabDity arising from persona/Injury or property damage whether or not caused by a breach 01 the bonded contract. Any suit under this bond must be Instrtuted before the expiration of one (t) year from the date on which ftnaI payment under the Contract falls due. If the provisions of this paragraph are void or prohiblled by law. the minimum period of limitations avaDable 10 sureties as a defense In the jurisdiction of the suit shall be applicable, No right of action shan accrue on this bond to or forlhe use of any person or corporation other than the named Obligee, Signed, sealed and dated .In! 23. l!JlJl tioo; D/B/A EOC ~~ by by INSURANCE COMPANY /~ '1-..... 1\I\101'J'l 'lit Itl} Mlnwy In Fed ~ VIGILANT INSURANCE COMPANY 15 Mountain View Road, P 0, Box 1615 Warren, New Jersey 07061.1615 CHUBB LABOR AND MATERIAL PAYMENT BOND (AlA A311) Bond No. 1519 nrn KNOW ALl MEN BY THESE PRESENTS that Eilersm OevelqJlBlt Corporatllll; D/B/A ax: UIll 1W1ders Par1cNIY. Sui te lID Ric:tm:nl, VA Z3225 as Principal, and VIGILANT INSURANCE COMPANY, a New York corporation. as SurelY. are held and firmlV bound unto Cnw1 AErfcan PI_ ties, L.P Paslp!rIlla Plaza; .ue.,tllon. PA l!m7 as Obligee. In !he sum of Six Itnred TllI!flW T.o ltnIsinI ani OOIl1D Dollars ($ 622.lID.OO ). for the pavment of which sum. well and truly to be made. !he Principal and Surely blnd themselves. their heirs. llXecUlors. admlnlstrators. successors and assigns, Jointly and severally. firmly by these presents. WHEREAS the Principal has entered Into a written contract dated .ble 16, 1997 wtlh !he Obligee for Office MJx. Carlisle Plaza Strip CEntEr Carlisle. PA In accordance wtlh drawings and speclfIcatlons prepared by which contract Is by reference made a part hereof. and Is hereinafter referred to as !he Contract. NOW, THEREFORE. THE CONDITION OF THIS OBUGATION Is such thaI, If Principal shall promptly make pa}'lll8l'4 to aD claimants as hereinafter defll1ed. for all labor and material used or reasonably required for use In the performance of !he Contract. then this obligation shall be void; otherwise II shaD remain In fuQ force and effect, subJecl, however. to !he following condillons: I, "doImanI II dell""" _ one 1la""l9 a dwact conlrlCl willi 1he Principii or willi . SubcomrlClOr 01 1he PnnClpIi lor labor, rna1ltriaI, or botll. ....., or '....nably reqund lor _ in 1he performance 01 1he CoIllrICl. labor and rna1ltriaI being co-..ed 10 Inc:t.lda tI'IaI PIl1 01 water, gas. po_, light. hut 01. guo'na. l8IephOna S8MC8 or renlli of equipment dwllC1ly Ipp/leatllO 10 tile CoIllrICl. 2, Tho abo"" named PrinCIpii and Surety heraby pnlly and _Illy lI!I''''' wIIlIlhe Owrw tI'IaIlMIIy cIalmam as herOIn dallnad. who ha not been pAId In Ill. before tile _allon 01 a penod of rnnaty (110) days after Ihe da.. on which Ihe last 01 IUch damanra wor1l or labor was dona or perlonned. or mal8r1a1s _a furrn"""" by IUCIl daimant, may IllI on un bond tor the U. ot such ctaimant, prOMCUtI the sudlC In. IUdgemomlor IUCIl sum or IUmo as may be jUslty due daimant. and ha.. .,ecullon _eon, Tho Owner ahat not be bable tor tile paymem 01 any coSIO or up4lnMI 01 any sucn lUll. 3, No oun or ICllon lIhaI be conmenced herounder by any dlmant a) UnIeso daornant. 011& than ona having a d1ract conlrlCl with the Principii, shd have given _ nollCelO any two 01 Ihe~, Tho P!lncipli, Tho Owner, or tile Surely ebo.. narred, _ 110) dlY' aher such d.....m did or per10nned tile last 01 ,tile wor1l or . or lIl,ntShIld the last 01 tI1a ....-Ior which IIlId dam.. mada. It"'ng WIlh IUtlotanlli accurocy 1he amount _ and tile name of 1he = 10 whom tile __ _a 1Ur"'"'-d. or lor whom 1he wor1l or Signed. sealed and dated .ble 23, 19IJ7 t-,..."" ''!I n; C).l;> ,(u . 9}. was dona or pertoImed, Such nollCe SIld be _ by meiling tI1a ..... by _lid mai or c:ar1IlIed mai, poOl~ P<IPlOd, In an _pe adilr_ 10 tile Principii, Owner Of SUretY. . any pla::e -. an 01fic:l1S rsgulllr1y ",.,m..""" lor tI1a lransaction 01 _nasa. or _ In any manner m wtuch legli process may be _ In tile stI.. In wtuch tile iIIor....d p<oJ8C'l .. local8d. .... tl'lallUch sennca .- not be made by a publIC 0_. b) After Ihe OIpirallon 01 ona (1) year tolowlng tI1a dale on which Pl1nclil1i ceued WOf1< on IIlId Con'lIC1, n being undarSlood, ho_. tI'IaI ~ any _lion _doed in thIt bond II proMldlld by any law con'olIlng Ihe conslrUCllOn henIol such lIn1tallon lIhaI be _10 be amended '" as to be equli 10 the mrnrrum period of _n pwmtllld by 1UCIllaw, c) Other lIIan In . Ola'" court 01 COlT1>8l8nl ~n In and lor tile county or 0_ poldlcltllUbdMsoon of ,'''' 111.,. in which tI1a ProJect. or any pll1 lI&eol, .. _aled, Of In tile UNled Slal8ll 0is1r1cl Court Ioi tile clIS1ncl in wtuch tI1a PrOJ8C'l, Of any part _eol, is lIlUal8d. and not _a, 4. Tho amount 01 thIt bond SIld be ,Ilduced by and 10 tI1a axltInl of any pa~ or paymems madlt In flOOd IlIl1II herou....., 1nclJ_ 01 tI1a payment bw Sur.ty 01 mechano:a' loons wlloch may be IlIIId of ,.."d "98'nsl SOld in1>ro-. w_ or not dam lor 1he amounI of sucII Io8n be p<1MflI8d under andnsl thIt bond, by .., INSURANCE COMPANY C~d' ~- POWER OF ATTORNEY VIGILANT INSURANCE COMPANY ATTN: SURETY DEPARTMENT 15 Mountain View Road. Wlrnn. NJ 0705' ('051 to3-Z000 Know III Men by thet. Prollnls. TIll! VIGILANT INSURANCE COMPANY, I Now Yolll COlpOllbon, hll conlllluted Ind Ippomted, Ind dOli hereby constrtutl Ind .ppoint William R. Trigg, Hazel F. Johnson, Carol Boegershausen, Thomas R. Brown, John C. Stanchina and Tammy W. Brown of Richmond, Virginia------------------------ IIch iIIlrue .nd lilWlul Attorney-in-F.ct to ...cute under IUch delignlbon in ill n.me .nd to .1Ib< rtl corpollt. ...1 to .nd deliver lor .nd on rtl beh.W .1 IUrety thereon or oth.rwiH. bonds or oblig.t,onl given or Ulcuted In tile course 01 ill buline... .nd conaenls lor the ..Ie... 01 ..tlllned percentages .ndlor fin.l.stim.tel, In Wltne.. Whoroof, I.id VIGILANT INSURANCE COMPANY h.., pUllu.nl to ill By.lItwI, caulId tile.. pntllnts to be ligned by ill Va President .nd Auist.nl Secretary .nd ill corpollte 11.1 to be hemo.1IIxed thll2nd d.y 01 April. 1996, c_.... :G'~UY;7 Soron N. S, La""",,, Va Pmldent STATE OF NEW JERSEY I II, County'" ~ On t!l<I 2nd dIy 01_ 'HI. _ me pononoIIy '*"" _ C, _ to me ~ ond br me ~ to 1Ie_ Sec:nWy" \IlGIlANT INSUllANCE COMPANY.llleco.w.IIOl,~ In ond_........,...ftngoIng _oIAIIamIy. ond...Uid _C, _lleIngbrmo~_cIid _ ond II\' tIIII hi II AuII.... 5ecrelIIy 01 VIGIlANT INSURANCE COMPANY ond _ Ille __ .... _. _ ... .... _ to ... ftngoIng _ .. AIIamIy II _ ___ oncl_....., __ br...-..,..Ille By-lfta 01_ ~ _ _ hi IignOd Uid _.. AIIamIy. _ Sec:nWy 01 Uid eon..., br" "_ and tIIII hi II _ _ Scnn N S l.aurW1 _ _ '*" to lie... 1/1oo ...- 01_ ~ ond IlIIIlle IignIlUre 01 Uid _ N. S. l.aurW1 _ to _ "- oIAtIomey II.,,,, __ -.no oIUid Scnn N. S. u..- ond _ _ ~. _ breulllOtllyolUid ~ end In r. ...... !"""""", STATE OF NEW JERSEY I County 01_ II I. Ille~, _ Sec:nWy 0I1IlGlANT INSUlIANCE COI/1PANY. do""'" CIIlIfy 11\II'" -.; ..I.... ~....... ~..... Uid eon...,. _ br Its _ '" Dnco:lrI on June '3. ,aR ond........ew _......:z. 'III ond IlIIlNI ty.I.aw..1n U _ ond-. _ "AIIT1Cl.EXV _ 2, AI_. undorlIkIngs. _ ond ___..... _Iorond on _01'" eon..., "'*"'.._ brllworlll_ to _. <lIlY ond 111II lie .-.lId In ... ..... ond on _ 01... eon..., _ br ... C/loon!wl or... 1/1oo Clleil1Wl or ... _ or . 1/1oo "'- JOIlllIY - ... 5ecrelIIy or III _ Sec:nWy. ..- _........... . _.. .... -lIlY en or ...... ..... or ......_...In '*". '. _ In lIlY - "''''_01 Dnco:lrIor'" ~ ~orlnlllY_oIlltomoy-..... ~ lor In _ 3 _. ...,-IIlY-_ uncllIr1IkIng or _ oIllQItIon. ~ In __ or _oIlltomoy, - 3 AI-, '" _ for _ on _ "'... eon...,..., _ _lie_in'" ..... ond on _01'" eon...,. _ br" C/loon!wl or 1he Vk:lI Chairman or hi PnaIdIrd or. va Pradent ar 8ft ~ va"...,., tcW4fr wtth the Sea'ItIty 01... ~ Sec:nWy, undIr......~ II... dotlgnItIonI, Tho...... 01_ -. moy lie __ prHod or ......._ TIle...... 01_ 01... -.; _ ~ 1/1oo ~ _lIlY 1/1oo _1IlY_1/Ioo "'-lIlY 5ecrelIIy.1IlY _ 5ecrelIIy ond....... "'... eon..., moylle_ '" _ to lIlY _"'_ or to 11'1 _ -. -1IIlllCIinlInlI- s........... or AItol._..Mec:I for _...,.. -*'0 ond -. _ ond uncllIr1IkIngS1Ild__obligIloryIn'" ..... _. ond lIlY __"'--...,or_ -..v-- ...,.....or_""_1Ie - ond IlInclont _...eon..., ond lIlY __..-.... ond"- br--...... _ _.... _1Ie_1IllI-.g _... Corrc>o"Y "",_to lIlY _ orundorllOingto_IIl_" I ~ o&nIfy.... _ \IlGIlANT INSIJRANCE COI/1PANY .. duly _ to _ -, ond IlnIy _In _ "'... _ "'.. Ur*d _ "'_ 0:IrcI"'~ 1Ild__ond"_~_to__IlnIy"'____" _or......br..._....Ur*d_ calTW'lCATlON Aduc '11t;..1.-.::1 Swam II) bIb'a me on...__~ 0L~ ' ;LJ THEREsA B CICH::'.....'31(l ~- Nolarr PIdc. Sl.!l<l c! N." Joo",... . . ~:J..~i4:~., ---I Conwnis.siO.i b'.,':!~ J~:,! ~7. 1~':; MIl ~ cerWyllll... bwlloint _ '" A8omoy..1n U _11II-' GIveo """" "" _ ond......... Uid ~. _ IiJ ...ZbL.., '" Cool>onIlt - .in! . 1t.!L. ~,..L.u ( , - bZ-:--P_~"'~~""- F,..,. '$.10.01701 . CROl",1 FAC FLAtHWIG ID: JUtl 23' ~l-;' 11:,:17 t-jl).(ll)S F.0? OfficeMax' ~ Prnject Coordinatinn Guide Mil)' J~. J?'J7 1'1lJ:t' H -- AppemlLv un II ~ Standard Ope,,;,,/: Schedule for QJjiceMa.\. I n - - . .. _un ~--- ~ -~, -- -~ -- - -.-- - - Sun Mon Tues Wed Thurs Fri Sat -- - . ---- - -. - - .' - - ._.- . I B8gin Flxluring Week ., Fixlunng Merchand, Complete Be!)ins; Punchlist 111 Week 2 Punehlist #2 Certificate of Oec\lpaney Week 3 . Punchlist '3 Merchand Soft Open (complete by Complete tomorrow) - Grand opening - - . . CROWN FAC PLAtHWIG 1[1 : JUtl 23' 97 H,:!?' tlo. NIB F'. C", . . '.- -,-. lit I ;! III 'J I" )( ~ \l ,. .J '" :; '" ., u I f- t. w .., 0 ! 0 ~ ii I ~ tl ~ ~ ~ u ~ .. J \'0 ... 0 vJ f; I'" ... I~ ... I~ - ~ 0 ~ a.. ~ -' t ~ ' , Q. ~ i J " (oj .................................... -..-......-.. "' f! t 1& f i j ~ s: - ~ Iii 'ra IIii ra fi; ; ii l:o IPl ,!:! N I'"' 1'- ! 1 !11! ,! ,8 8 ~ 'Ift: = : Ill',!li!! 8 1 I I a' 1-N~ ... I I' lid 'I. i III~ f ! Ii' I ! J I i I! J I . ! I ,.. j .. I~ f . 1-r---I' .. , ~, I INSURED EILERSON DEVELOPMENT CORPORATION DBA EDC 1001 BOULDERS PARKWAY SUITE 100 RICHMOND, VA 23225 '~N ; CERTIFICATE OF LIABILITY INSURANCE DA~~;';;;7YTI .-.".,..,..JtA'<.........""....,.~..,..,...;<_'" _;.-" "'-.><<<' "...,(-_,,"'w.....,..v...;.,..,.._.'.~ '.' ~..,'-. , .- .'., ..f... .,.'_: c.... ....,._ _......-.. ,- < 'ROOue... THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION . ONLY AND CONFERS NO RIGHTS UPON TliE CERTIFICATE Thomas Rulherfoord Inc I HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Richmond Branch ALTER THE COVEI1AGE AFFORDED BY THE POLICIES BELOW. P.O. Box 730 'COMPANIES AFFORDING COVERAGE r-----.-. ~-- ---------------......- ......----+-..,.. -'''.--..-.-.- Richmond, V A 23218.0730 I COMP';-. -- I A Massachusetts Bay Ins. Co. ---., --,...-.., f COMgANY. HANOVER INSURANCE CO, COMPANY . OJ" C i--!---______._.~__~__._____.~.._ " I COMPANY DR,' D ,Cq,Y.E-R~QI;":;~:;;:;~'&;~"ifu.~.itE:;2it!t::ti~i1Q;;:t~~~J::.$.,:;~~. THIS IS TO CERTIFY THAT THE POlICIES OF INSURANCE LISTED BElOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE fOR THE POlICY PERIOO INOICATED, NOTWITHSTANDING foJIY REOUIREMENT. TERM OR CONDITION OF ANY CONTRAC~ OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSlJIIANcE AntlRDED BY THE POlICIES DESCRIBED HEREIN IS SUBJECT TO AlL THE TERMS, EXCLUSIONS ANO CONDITIONS OF SUCH POlICIES, LIMITS SHOWN MAY HAVE BEEN REOUCED BY PAID CLAIMS co I i POUC., l"lC11ft 'I' IlOUC'Y o"...noll,' L.11.! T'rPlOPlNtuRAHCE ! POUCl'....." ! DAn(IM'tICWf) DAn(IMDOIY'fI UMrTI A I QlNlRAL ua"UTY I ~ , I X f C~MERClAL GENERAl UA8LITY W CLAIMS llAOE LxJ OCCUR ~ OWNER'S & COt4TRACTOttI PACT LXJ GESLAGGREGATE o A ~TOMO.LI UAIIUTY ~ANYAUTO __ AlL OWNED AUTOS >------l SCHEDULED AUTOS X ! klRED AUTOS ~ """-0_0""101 , , H ZDR4714496 12/31/96 ADR4712885 12/31/96 , aAJU,QI u......n ...-. ~ AH'f AUTO ...-. ! B ~UI UAIIUTY : x I UWBRELLA FOMl ~ ! ; OTW(R TkAN UM.-'ElLA FORM B : WOflklMCOWINlA1'tOIIAIIO i UlPLOnM' UAltUn ixl N:, noel! UHR4643206 12/31/96 WHR4698S16 12/31/96 . THE PROPRIETD~ ~ PAATN{A$.'EXECUTlVE ! OJ:~ICERS ARE' iO_R OtICJW11Otf Of' DHAA~OCA'ftCMiI&'VDIC:Lt&WIaAI. fYu. RE:, OFFICEMAX, CARUSlE PLAZA STRIP CENTER; CARLISLE. PA . CROWN AMERICAN PROPERTIES LP. (OWNER) IS NAMED AS ADDITIONAL INSURED UNDER THE GENERAL LIABilITY POLICY WITH RESPECTS TO THE ABOVE REFERENCED JOB. CEfmFl~TE.ltQ!,.QEa.~~~"t "'",jJJj,it.ie,,;','i"'J;.-i' .0"-',,-' ..&........ · ....ONt T~ n.. ......... ..:.. -,....-...;.... -I . ...-'-.. ".. ".,. , ~. """~,~"'- .,~~.~~u" ~.III.M~...t..~":'~.""fIIIVI\~'~''',,'/.i..l,.. CROWN AMERICAN PROPERTIES l,P, =~ 01' .... -VI _-.0 -- . C.t.OICIUI!D Moo. .... PASQlIERllLA PLAZA DA" "'''01', ... - _..., WlU I~_ TO _ JOHNSTOWN, PA 1S907 ..6ll.. DA" WlIno 110_ TO.... etR....... _....... TO.... 'I". IUT '........ TO tlWl 8UQt 1IIOnc:a IKALL WOII NO o.....1'tOII 0II1JAItLrn 011 A UllOM 1'WI e.-AM.. '1'1" .. OIl ...,....TAnvn. TAfWa ACORD U.S (fits POLICY NO. D060937CP EXHIBIT A ,. ALL THAT CERTAIN tract of land, situated in Borough of Carlisle, State of Pennsylvania, follows: BEGINNING at a point, said point being a concrete monument located at the southwesterly corner of propertr of lands now or formerly of Carlisle Manor Development, said po nt also being on the northerly right-of-way line of an existing 49 foot right-of-way for York Road; thence westwardly along said right-of-way for York Road the following 2 courses and distances: III North 51 degrees 47 minutes 10 seconds West, 1,091.24 feet to a point, and (2) North 51 degrees 45 minutes 00 seconds West, 777.21 feet to a point, said point being the southeasterly corner of property of lands now or formerly of Joseph Joliff; thence along lands of same North 25 degrees 34 minutes 47 seconds, East, 274.37 feet to a point, said point being an iron pin on the southerly right-of-way line of an existing 80 foot right-of-way for East High Street; thence eastwardly along said right-of-way for East High Street the following 2 courses and distances: III South 78 degrees 14 minutes 00 seconds East, 926,92 feet to a point, and 121 South 78 degrees 34 minutes 50 seconds East, 694.74 feet to a point, said point also being the northwesterly corner of property for the aforesaid Carlisle Manor Development; thence along lands of same, South 12 degrees 31 minutes 03 seconds West, 1,103.34 feet to a point, the place of BEGINNING. the County of Cumberland, and is identified as THE ABOVE DESCRIPTION is for the entire tract and contains 1,142,610.78 square feet, or 26.231 acres. BEING a part of the same premises which Carlisle Shop~ing Plaza, Inc. by deed dated December 23, 1963, and recorded in the Off1ce for the Recording of Deeds in and for Cumberland County, Pennsylvania, in Deed Book "B., Volume 21, Page 623 and following, granted and conveyed unto Fran.Mark, Inc. AND pursuant to Certificate of Merger dated October 26, 1965 and recorded in said Office in Misc. Record Book 172, Page 377, said Fran.Mark, Inc. was on April 30, 1965 merged into Crown Construction Company, now known, after change of name duly adopted, as Crown American Corporation. BEING the same premises which Crown American Corporation conveyed to Crown American Properties. L.P.. by Deed dated as of August 17. 1993, which was recorded in the Recorder of Deeds Office for Cumberland County in Deed Book Volume L]2. Page l!12, SUBJECT, however, to rights, easements and agreements of record. <