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HomeMy WebLinkAbout97-04269 , ~ ql- J./.dll"l ~ONTRAcrORS WAIVER OF LJENS AGREf;MENT nus AGREEMENT, made and conduded this 1 f' day of )11 /y . 19..!.!..., between tn....... A",'.-".'" t}.y(".-(t", /.,. P with an address of Johnstown, PeDI1Sylvania ("Owner/Constnlction Asent"), and pr.>. tkt ("Contractor"). Whereas by a duly a:ecuted written purchase order (the "Purchase Order"), a copy of which is anached hereto as Exhibit "A" and the provisions of which are made a pm hereof as if fully set forth herein, Owner/Constnlction Asent and Contractor bave contracted for the erection, construction and completion of (1,1'.1.1 tily /.1"1 Rm~,'{d"'-1 (the "Improvemenu") to be erected on real estate described in Exhibit "8" attached (the Propenyl; and Whereas by the ten:os of the Purchase Order; Contractor bas convenanted, promised and qreed that no mechanics or materialmen', lien or cJaims would be filed or maintained asainst tbe Propeny or any pm thereof either by bimseU' or anyone else for or on account of any work. labor or materials supplied in the performance of the Purchase Order, or under any supplemental contract or for a:tra work. in the erection. construction or completion of the Improvemenu on the Property. NOW nus AGREEMENT WITNESSETII: I. ne Contractor, for him_elf and anyone else actiDs or rl.i...i"S throuSb or under him, for and in consideration 01 the Purchase Order and the considerations mentioned therein, and in orden to permit the Owaer/Construction Aaent to pl'OC1lJ'e the makiDC of one or more loUIS on the Impl'OVeDleDtS and the Property and intendinC to e leaally hound hereby, does bereby waiver, release. relinquish and quitclaim in favor 01 the Owner/Construction Aaent and each and every lender on the Property and Improvements. all richt to lien. claim or DOtice of iatention to file any lien or claim. and does hereby covenant, promise and qree that no lien or claim of any kind whauoever shall be rdecl or maintained aCUnst the Imp""........u or the estate or title of Owner/CODStrlIctioll Aaent in the properity by or in the _ of colltractor or any subcolltractor, materialmell or laboren for work done or materials fvrnisbed under the Purchase Order or by any other pany actiDc dIrnop or UIIder them or any of than for and about the improvement of the Property or any pan thereof, or oa credit thereof, and that all sllhcontracton, materialmaa. and laboren oa the work shall look to and bold Coatractor penoully liable for payment of all subcontracton, IIIlIteriab famished and work and labor doDe, so that there sball DOt be any leaal or lawful claim of any kind wbatever qaiut OwIlU/COJUtl'llction Aaent for any _rk done or labor or materials funisbed plImaant to the Purchase Order for and about the erection. "o....tn.ctiOIl and c_pletiOll 01 the ImproYCftlOlts. or lIIlder any COIltract or cbanp order for extra work. or for work supp~ thereto or otherwise. 1. TIIiI At. tilt waiviDC the ript of lien sbaD be an iackptll'l'-t covaant and sbaD openIe .... be drem" as we.II with nspect to worll done and materiab fumisIled uader any. '~I ,..1IltaI COIItnct or daante order for extra _rk ill die erectioa, COlUtnactioa .... cr r..... oldie 11DpI'lI._U.. to any _rk ud labor deee ud IlIateriaIa .......kl.,.,...... Ie die I'lIrcIwe Qnkr,......... biIId aD nccatOn ud .... oldie C.....I&.'tor. n. C.... 4ldoH' ...... that it.... !lOt -<<. will !lOt IIIip ib cJ.- for "'-"lI1t uader die I'lIrcIwe 0..... . . J. In the event Contractor consisu of more than one penon. finn or corporation, the uadertakiap bereunder of eaeb of sueb penons, firms or corporations sball be joint and .everal, and the word "Contractor" sbaII mean all or some or any of them. For purpo.es of tbiI Alreement. the sinaular sball be deemed to indude tbe plural, and tbe neuter .ball be deemed to indude the awculiae and feminine. u the conten may require. IN WITNESS WHEREOF, the Contractor hu bereunto .et (iu) (biI) their band and seal dated the day and year fint above written. ATIEST CONTRACTOR .~/;)lI41!3 falflhuuj.:.l1-t (If Owaer or Coastrllction Apot or Contractor is a corporation. tbiI qrecment sbould be uecuted by iu President or Vic:e Praideat. and iu Secretary or Treasurer, and the corporate seal impressed. If either is a partDerJllip, all pu1Den should e:secute tbiI qreemeat; and if either is an individual or partDenbip. aD sipatures should be wiblelseol). STATE OF /?"IU,h"",... ) COUNTY OF (<lIHJ,""/U,J ) Persoaally appeared before me. die Ulldeniped. a NOW)' Public. in and for said COUllty and State. WJ/.,.* ~,L!.! of I'I'P - Ad .' who acImolrledled that he did sip and seal the foreaomllllib..meat for, IDd OD bebalf of , wd 1'", - (.. -f , beial dleI eunto cIuIJ aatboriad to do so and that the WDt is the free act and deed u sueb officer and the free act aad deed of said ~ - ((1 . IN TESTIMONY WHEREOF, I have hereUllto set my hand IDd official seal this n. day or J.d., ,19.ll. NotanalSeal ,. Tlftany M. Sect,'nger. Notary PublIC Hampden T..p . Cumberldl'" CO\lT1!y My ComllllSSlOf'l E..pres Oec. 18.2000 MemlJe<. Pe,msy1vama AssociJlJnn of Notl'tOS N~ Public _d~, .--:!<o..L. -_ ,., ././' -,;...r . CONTRACT PURCHASE ORDER NO. 5231-0009 CROWN AMERICAN PROPERTIES, L.P. P asquerilla Plaza Johnstown, PA 15907 (B 14) 536.4441 DATE: July 2, 1997 TO: Pro Cut 107 N. Market Sueet Mechanlcsburg, PA 717.766.2775 AM: BlII Ackley Distribution to: Accounting-Chris Jordan Finance-Gwen Hannen Insurance Legal-Chris Sheridan File-P.O. Book RE: Capital CitY Mall Renovation SHIP TO: Bob Phillippi Capital Oty Mall 3506 Capital Mall Dr. CamP Hill, PA 17011 CORP: M PROJECT: Qlll JOB: Qll.l AREA: QQQQ 14.500.00 DESC. Concrete Demolition COST ACCT. 03000 In consideration of the lump sum of S 4.5oo.(l(llncluding all fees, permits, taXes and Insurance's you will furnish all I"bor, materl"ls, supervision, Inspections, tools, equipment, scaffold, hoIstInr, 5OIfety, and I"yout as required for the complete perfonnance of the following scope(s) of wor1c meedlll all local, State, and feder,,1 regulations and to conform with the pl"ns and speciflcatlons which are hereby Incorporated by reference as p"rt of this contraCt: DISPOSITION OF P.O.: Failure to accept Purchase Order within live (5) daysls reason to cancel order. SCOPE OF WORK: VI" this purchase order conuO!Ct you shall provide 0111 5Upervlslon, manpower, materials, and equipment as required to 5UCcessfully complete the concrete wor1c as Indlcxed via the coruuuctlon documents as listed on the auached plan list dated 6.25.97 and prepared by David L. Hoffman and Dvn""'lc Destan and OIddendum , I dated 6.12.97. Your wor1c shall spedllca1ly Include but, not be limited to saw cuttllll and removing termIO and concrete IIoorIIlI fuR depth with proper dispoul of same. Terrano sh"U be removed from strip to strip. You shall provide da1Iy cleanup each A(C~ this .l.d6t 01, ~.lt 1997, Iy "ldt ~~ :o-~::-L1' PnlI<<t tot..... . CONTRACT PURCHASE ORDER NO. 5231-0009 ~ morning and temporary protection of your uenches via W' plywood and stiffeners to provide a safe means of uavel. Said plywood shall be set In side uench to provide smooth cover which shall also include duct taping plywood to the existing adjacent flooring. I b) Employee parking areas and conuactor staglng/storage areas shall be designated/regulated by Crown American's field superintendent. Only consuuctlon vehicles and equipment actually engaged In performing work will be permitted 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 clean-up and removal from the job site of all debris created by your work and personnel. Failure to comply with the c1ean'up requestsllnsuuctions from Crown American's Consuuctlon Supervisor will result In the clean-up being done by others and the COSt of same being backcharged to the conuactor. I 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, etc. 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 drawings are required. For sprinkler only furnish six (6) print sets with Factory Mutual 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 Due Date No. of Cooles Sent to: Douglas L. Wess 2. COST BREAKDOWN: For invoicing purposes, you shall use the following COst breakdown on A.I.A. form No. G703: Ilem 01 Cost Account 03000 Descrlotlon Concrete Demo. Aru ??oo Amount $4,500.00 CONTRACTOR'S OBLIGATIONS: 3.1) SecuritY: SecuritY gu:ud services will be furnished by Crown American. You slull receive, unkud, and secure all materials required for your work, whether furnished by you or furnished by others. Acuptftt this ~dlY 0(, "'$"v/,/ 1991, , By ~jJl.~~3 By: By ).1lItl1an ~dts, L.P. . -l. L.WfQ HIllIIIf CONTRACT PURCHASE ORDER NO. 5231-0009 3 3b) Schedules: You shall properly man the project at all times so as to meet and maintain the attached construction schedule Issued by Crown American and all subsequent Issues of same, or as directed by Crown American's Field Construction Supervisor and/or Profect Manager. All costs for overtime, If required by your failure to meet said schedules, shall be borne by you at no expense to Crown American. Contractor agrees to commence performance of the contract work within five (5) days after notice from the Owner, and thereafter to prosecute the same continuously with due diligence so as not ro cause any delays or Interference with the completion of the Profect. If the Contractor does not complete the contract work 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, ro supply such equipment, materials, overtime work, workers and other devices and facilities as the owner shall direct so as to expedite the completion of the work. Such notice, once given, shall continue in effect until the work specified therein has been fully completed, even though the Contracror has acted under the notice but has failed to continue to do so uninterruptedly until complete performance thereof. Contractor shall work overtime, Sawrdays and Sundays at the direction of owner without additional Cost ro owner If such overtime and Saturday and Sunday work is necessary ro cure delinquency In maintaining established completion schedules and such delinquency Is due ro delays by Contractor. It Is agreed that time Is of the essence of this contract and that Contractor shall progress and coordinate the contract work with all other work as directed by the owner so as to ensure the owner or to obtain the earliest possible completion of the Project, even though the rate of progress at the time any directions are given may be further advanced than that anticipated in any schedule previously furnished in connection with the performance of the whole work or any part thereof. Where the Contractor has knowledie, or, in the exercise of ordinary attention ro its operations, should have knowledie, of the necessitY for its work or any part thereof ro progress at any particular time so that ensuing operations by othen will not be delayed or interfered with, but f.111s to Guse such progress, the Owner may, without any notice to Contractor, pennit such operations by others to proceed even thoueh the performance thereof will result In the contractor's being required to cut and p.1tch .1nd otherwise repair or restore the work of said ensuil1f oper.1t1ons by others in order ro Install the part or pans of the contract work which the contractor f.Jiled to installln a timely manner, .1nd the cost of .111 such cualng and patChing, repairs or resroration shall be borne by Contractor. When the conditions set forth In the paragraph are present, the Owner shall be under no oblif.1t1on to 8ive the ContractOr .1ny 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 deI.1yed for .lI1y reason, this contractOr must notify Crown Amerlc.ll1's Project M.lI1ager md Construction SupeNlsor In writing of the duration of and the reason(s) for S.lme, as well as the .1pproprl.lte action you will take to meet schedules. Acctpttd dlli Ld/Ay 01, -S-"J/~ 1997, By /t~i~~ff:/!5 By: ~Iftf:ftaft. ~ I..P. By :t: ~- t. Wtu I'raI<<t H-.. CONTRACT PURCHASE ORDER NO. 523t-0009 4 3c) Job Conferences: Regular weekly lob conference meetings will be conducted on site by Crown American's Project Manager and/or Construction Supervisor at Crown American's job trailer. All meetings are tentatively scheduled for every Tuesdav at 10:00 a.m. throughout the duration of this project. You will be required to be properly represented at each and every meeting. Crown American's Construcdon Supervisor's name, address, and telephone number are listed In the " Ship To" Information on page t of this Purchase Order. 3d) Field Measurements: You are hereby held responsible to have visited and examined the building and site to satisfy yourself as to the conditions which would in any manner affect your work. You will be required to lIeld verify all grade, levels, lines and dimensions as shown on the contract documents. You shall responsible to notify Crown American's Office and Construction Supervisor of any errors, providing sufficient lead. time for corrective action to be taken (within 2 days of Start of work). 3e) Provision of Construction Documents: As part of this contract, you will be provided with one (t) set of blue line prints of drawings and one ( I) photoCopy of specillcations, addenda, and bulietins as per the drawing and specillcatlon lists aaached hereto. It Is your responsibility at your sole cost and expense to make any and all copies of the cOlUtrUCtion documents as required for your use as well as that of your supplien, subcontractors, etc. For" as.built" drawings, Crown American will provide you with one (I) reproducible sepia set of drawings to be retUrned to Crown American with your as'bullt notations thereon. (See section Sa) herein) . You must request these in writinr from the project manarer. 4 TEMPORARY SERVICES 4.1) You shall provide your own sanitary, telephone, water, and temporary electrical facirllles and other temporary utilities required for your work or workers. Temporary Ilrht and power for the construction of the new buildings will be provided by Crown American's electrical contractor. The cost of consumption of electrical power required for the on site Insullatlon of work, excludinr your lIeId ofllce(s)/trailer(s), shall be billed to and paid by Crown American. 5. AS-BUILT DRAWINGS: Sa) Upon completion of your scope of work, you shall furnish to the Project Manarer one set of reproducible as.bullt drawlnrs. No reulnaaes withheld win be released until the as-built dnwIngs have Ampted dlIs ..:z.. day of, :1''',y 1997, By JJ.../t. -t..~ By: By "AIIll!I'IcMl PrClPfftlft. L.P. '1'\ .t'~I- " l.w... I'roI<<t ~1I . . CONTRACT PURCHASE ORDER NO. 5231-0009 ~ 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 and/or the furnishing of this material shall be adjusted and settled at the descretlon of owner by the National Joint Board of Settlement of Jurisdiction Disputes In the Building and Construction Industry only. However, Conuactor shall be responsible for the continuance of work while said disputes are pending. This paragraph Llkes precedence over any specifications. 7 CLAIMS ANDIOR DISPUTES: 7.1) All claims, disputes and other matters in question between the Conuactor and the Owner arising out of, or relating to, the Conuact Documents or the breach thereof shall be at the discretion of owner decided by coordination and negotiation between the parties. All attempts should be made to have all disputes settled within seven (7) days written notice of dispute or claim. However, conuactor shall be responsible for the continuance of work. This paragraph Llke precedence over any specifications. 8 PLANS AND SPECIFICATIONS: 8.1) Your scope(s) of work shall conform to the plans and specifications which are hereby incorporated as pan of this conuact, as enumerated on the attached Drawing and Specification listing. 8b) There will be no deviations, additions, deletions, etc. from the plans and specifications without the written authorlution of Crown American's Facilltles Planning Division. 9. PAYMENTS: 9a) Invoicing: All applications for payments shall be prepared in triplicate on AlA G.702 and G.70J forms and shall be presented to Crown American's ConstrUCtion Supervisor and Pro/ect Manager on site for verification and signature prior to submittal. Submit monthly applications for payment triplicate, properly verified, notarized and accompanied by a nourIzed Affidavit and Release statement from you and all subconuactOrS and suppliers that you have employed, to Crown Amerlc.1n, Attention: F acilltles Planning. All Invoices must reference the Purchase Order Number and Item number to which It applies. No one invoice shatl reference twO separate Purdwe Orden and reulnage payments must be Invoiced separate with Final Affidavit and Release. Applications for p.lyl1lent must be reviewed by the conuactor, Crown American's Construction Supervisor and Proiect MJNiff by the 26th of each month. Thf approYflt A<<",tel dlb -2.dIr oJ, :r;.~ I 1997, , By ,J,Lt~~6 By Am<<IaIIl'roptnJt$, loP. j , It. '- --~ loW", PnIIta H-.r By: CONTRACT PURCHASE ORDER NO. 5231-0009 6 payment documents will be forwarded to Crown by the Project Manager. Check.s for payment will be mailed a maximum of 45 days upon receipt. 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 30th of the month to Insure payment within the cycle as outlined In the example below. Ten percent (10%) retalnage 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 Archltect(s) per plans and specifications. 2) Your written guarantee pursuant to paragraph 11 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 Archltect(s) per plans and specifications. 4) You have billed separately for the retalnage. 5) Equipment guarantees/warranties. 6) Final vendor list and statement of payments status of each vendor. 7) Approval of final punch list. 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: Conuactor must: (I) execute and have notarized and submit a Partial Waiver of Liens fann with each Invoice in an amount equal to the total amount invoiced by Conuactor to such date, payment of such invoice is contingent upon submission 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 Conuactor. In any event and under aU circumstanCes, Conuactor hereby agrees that any lien or daim which may now or hereafter have against the propetty upon which the Improvements are to be made, for materials or services expended or used upon the ume, In subordinate to the Interest of lender under any MortIage, Deed of Trust, or Security Deed dut now exists, or may hereafter be pLxed upon the property or any pan thereof and to all advances made or to be made thereunder and to the Interest liens which Conuactor may have otherwise had for past, present, or ruture materials or services placed In or upon or performed upon said property. The provisions of this pJragraph shall be self-operatlve and no Accepted dIiI..2.cby or, 'T'JIy 1997, By ,J;11. t.~'5 Ir. OZ~~. l.P. By 'itL PtoI<<t H...- CONTRACT PLJRCIIASE ORDER NO. 5231.0009 7 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 conflnmtlon 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 and/or 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 moneury 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 Adjusanents 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 d.lys, it will be deemed that you have agreed to perform all revisions in work, and further that the contract amount as adjusted by monetary change, Ir any, determined by Crown will be deemed to be full compensation to you for performance of the full contract. You cannot invoice for any exuas prior to receivinr and executing a Chanlle Order for same from Crown American. NO FIELD CHANGES SHAll BE PERFORMED, EXCEPT BY WRITTEN AUTHORIZA nON FROM CROWN AMERICAN. 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 and/or omissions or nerligent .lCU of the Contractor, the Contractor's agents, employees, or subcontractors or materials suppliers. ge) liquidated Damages: Your failure to deliver shop drawlnp, catalog cuts, material samples, etc. as scheduled with the Project Manarer or within twenty (20) days If not specified In this Purchase Order will result In a late day penalty of S I OO.OO/day and will be calcul3ted upon the number of days the material arrives late beyond that date shown on the construction scheoule. Failure on your part to properly perform your scope of work pursuant to the constrUCtion schedule shall result In a penalty of seven hundred IIfty dollars (S7S0.00)/day Ilquldate~ damages for eolCh d.ly that construction proeress Is retarded as a c1rect result of your f~lure to execute your work. Accepted dtls ..1. dq 01. Y'<.1 1997, By t,JJI"'f5' By: Crown Amtrlan~, loP, Iy li..gf' . t. Wtll H-.. CONTRACT PURCHASE ORDER NO. 5231-0009 g The above penalties will not apply to causes beyond your control such as, but not limited to, Acts of God, Information withheld by the Owner, Construction Agent, or Engineer. 10 INSURANCE 10.1) 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 Form, then It must: (A) Have the Owner's and Contractors Protective form. (B) For blasting contractors; have blasting operation not excluded from coverages. 11 Automobile Liability, with at least five hundred thousand ($500,000) combined single limit per occurrence. III Crown American is to be an "additional Insured" in regards to I and II above and so named on certificates of Insurance. NOTE: the certificate of Insurance should list the Crown entity as shown of the signature line below. IV Workers' Compensation for all states In which contractor shall be performing for Crown American and shall be subscriber to and in good standing with the respective State's Worker Compensation Fund. lOb) A valid Certificate of Insurmce must be provided Immediately to Crown American prior to any perfomunce under this Purch.ue Order, but no later than ten ( 10) days from the date of this Purchase Order. It shall: Certify all coverages required In Paragraph 10.1 above have been met. 11 Provide that Crown American shall receive wrinen notice at least thlny (30) days In advance of any cancellation or material alteration of the poI'lCY. II BONOS: 11 a) ProvIde 100% Performance and Payment bonds and one (I) year rmlntenance lUJl"antH with surety. Cost to be separate In paragraph 2. 6U1ine, for possible deduct by Crown Amerlc;an. I: GUARANTEES:E 12.1) You shall be responsible for a one (I) Yfar minimum l\IarantH and In some cases, a Ionter Acct$)ltd dlIJ ...2. dIy of , -:s:. (. I 199 7, " .),.1/.1...,(:.5 Ir. er-Am<<kMI~, L.P. " ikt4 ~ · L WftI H-.. CONTRACT PURCHASE ORDER NO. 5231-0009 <) period as required by the specifications. No retalnages withheld will be released until such time that your written guarantee and equipment warranties are sent . twO (2) copies each to the Project Manager' and accepted by Crown American. The start date of the guarantee period shall be not sooner than the publicized opening date by the Owner of this project and must appear In this document, as must the date of expiration of your guarantee. Equipment guarantees/warranties must have the model, serial, and unit numbers shown for Identification, along with the prolect name. 13 SAFETY: 13a) You are [0 appoint a Job site "Safety Man". His name Is to be given to Crown American's Construction Supervisor for record prior to start of conuact work. You are responsible for initiating and maintaining your own Safety Programs. Be aware that although you are conuacted by Crown American to perfonn ceruln work, you are stili reslJOnslble for maintaining a Safety Program that agrees with OSHA Regulations. You will be responsible for any fines levied against you for noncompliance, and also will be responsible for any lost construction time due to your own negligence In this matter and shall hold Crown American hannless as provided for In Paragraph 14 below. You are to provide all needed safelY Items as required for your phase of work. This Includes but Is not limited to all safety barricades, dally c1ean.up of debris and removal of same and providing other pedesulan resulctlon devices needed [0 avoid accident or injury. Any damages or Injury caused by your work will be your liability. The Conuacror shall take all reasonable precautions with respect [0 his work; shall comply with all safelY measures Initiated by the Owner/Consuuctlon Agent and with all applkable laws, ordinances, rules, regulations, and orders of any publk authority for the safety of persons or property in accorlbnce with the requirements of the conuaa documents. The Conuactor shall report within three (3) lbys to the Owner/Consuuctlon Agent any injury [0 any of the Conuaaor's employees at the site. 14 ALCOHOL AND CONTROLLED SUBSTANCES: 14a) Acceptance of this purchase order WIll hold you, the conuaaor, responsible for the acts/actions of your crew members under your employ while at the job site. No conuolled subsunces or akohol will be pennitted on any Crown American job sites. Individuals found to possess and/or be under the lnlluence of conuolled substances or akohol may be prosecuted by local authorities and will be deemed to be a substantial violation of this conuact and will be valid IfOUnds for the immediate termination of this conuaa, should Crown American, In Its sole discretion, so determine. Any fees, Including leaal fees, will be the responsibility of the conuactor. 15 INDEMNIFICATION: 1 Sa) Conuactor will defend and will Indemnify Crown American, the Architect, and the Accfllttd this -Lday of, -;:~1 1997, By AJ ..i<I.~.:s .~~-~~. i By ., ~ CONTRACT PURCHASE ORDER NO. S231-0009 10 Owner, their agen15, servan15, and employees and save them harmless from and against any and all claims, actions, damages, liabilitY, and expense (Including, but not limited to attorney's fees and disbursemen(5) in connection with the loss of life, personal Injury, loss by reason of accident, Infringement of paten15, or damage to propertY or business, arising from, related to, or in connection with the Contractor's performance 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, occasioned wholly or In part by act or omission of Conuactor, 115 subconuactors, agen15, servan15, or employees; or their respective agen15, servan15, or em;>loyees. 16 ASSIGNMENT: 1601) This purchase order shall not be assigned, nor any portion of the work described herein be subconuacted to anyone other than the entitY named hereon, without written authorization and approval of the owner. Provided however, Crown American is expressly permitted to assign 115 righ15' under this Purchase Order as collateral for any financing contemplated by Crown American. 17 OWNER'SICONSTRUCTION AGENT'S RIGHT TO CARRY OUT THE WORK 1701) If the conuactor defaul15 in or is BUiltY or a substantial violation of the terms hereof or fails to perform any provision of the conuact, the Owner may, after three (3) days written notice to the conuactor and without prejuolCe to any other remedy he may have, may in i15 sole olSCretlon and without any obligation to do so, make good said deliclencles in any such defaul15. In such case an appropriate change order shall be issued deducting from the pJymen15 then or thereafter due the conuaaor the cost of correcting such deficiencies, Including the cost of the Owner's additional senices made necessary by such default, neglect or failure. If the paymen15 then or thereafter due the conuactor are not sufficient to cover such amount, the conuaaor shall pay the difference to the Owner. 18. TERMINA nON OF THE CONTRACT: Termination by the Owner/Consuuction Agent 1801) If the conuaaor is adjud(ed 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 persistently or repeatedly refuses or f~ls, I!xcept In cases for which extension of time Is provided, to supply enough properly skllll!d workmen or proper materials, or If he fails to make prompt pJyment to subconuaaors or for materials or labor, or persistently disregards laws, ordinances, rules, I'elUlations or orden of any public authoritY havina jurisdlctlon, or otherwise Is lUiltY of a wbsuntlal violation of the provisions of the contract documents, then thl! Owner/Constructlon Alent upon certification may without prejudlcl! to any right to remedy, and after givina the conuaaor and his surl!tY, If any, three (3) days written noticl!, terminate the employment of the conuxtor and WI! possession of thl! site and of .lII materials, A-"""~ '99'. Iy All ~ :~:-~~ LWm H.....- CONTRACT PURCHASE ORDER NO. 5231-0009 II equipment, and machinery thereon owned by the contractor 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 CONTRACTIPURCHASE 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 following attachments are hereby incorporated as a part of this purchase order: I. ConstrUction Schedule Dated 6.25.97 2. Partial Waiver of Liens Agreement 3. Final Waiver of Liens Agreement 4. AlA Forms G702 & G703 5. Drawings listed: Per plan list dated 6.25.97 6. Other A. GENERAL NOTES I. Provide your own weather protection to do your work. 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 framing, roofs, skyIJchts, toilet rooms, etC. 3. When required furnish and Install black Iron celOng bracing. Hang only from panel points of joists and trUSS top cord only not bottom cords. Do not hang from roof deck. 4. Schedule. Crown American's SUIt and finish dates may vary from this purchase order. There will be no additional cost to Crown American due to these schedule chanlfS. Acctpttdthlt-Zlbyof, J:..c~ 1997, / By tJ.d~1:.5 : O-~~_Dn:-- LP. . Wm HWIW PLAN LIST CAPITAL CITY MAll RENOVATION CAMP Hill, PA Drawina No. Drawing Title Drawlna Date Revised T Title Sheet 6/3/97 0-1 Demolition Floor Plans 6/3/97 6/13/97 A-1 Floor Plan Area "A" 6/3/97 6/13/97 A-2 Floor Plan Area "B" 6/3/97 6/13/97 A-3 Reflected Ceiling Plan Area "A" 6/3197 6/13/97 A-4 Reflected Ceiling Plan Area "B" 6/3/97 6/13/97 H-1 HVAC Plan Area "An 6/3197 H-2 HVAC Plan Area "B" 6/3/97 E-1 Ughting Plan Area "A" 6/3197 E-2 Ughting Plan Area "B" 6/3/97 E-3 Power Plan Area "A" 6/3/97 E-4 Power Plan Area "B" 6/3/97 ~ set of pl o;ec:t spec:ificaliona 81 prepared by David L Homllln. FAIA n Dynamic Dasign. 6/25197 P., MRENOPlST.Jdt ~. ... ~ I :!' I a: o z ... a: ... . ~ . .. ~ u ... ... o a: ~ ~ ::l U . !!o c ... IE ~ !!l ~ c ~ ~ .._..,.......m.......... ..,....... .... 00 ! I i I :!' :!' ... I I ~ !; !; !; !; !; !; ~ 0 0 .. . A ~ ~ ~ ~ 8 8 8 8 8 8 !; ~ !; ~ ~ ~ .. !! " e . " ~ ~ ~ 8 J J 8 8 8 ! II .. . .. .. a . ~ ~ · i 'i ~ i IInll1 & i= !; ,: fl IUS A I . . " . l CONTRACTOR'S ACKNOWLEDGMENT AND CONSENT AND ASSIGNMENT OF SUBCONTRACI'S ?t1..11 ~Cu..+ ("Conlractor"). for valuable consideration. receipl ofwbich is hereby acknowledged. intending to be legally bound. and 10 bind its succesSOl'S and au;lI"~. hereby: adaIowledaes to New York We lasurance Compan)', a New York Il\lllUlllife insurance company.. iu IUccesson and assisns ("Leader"). receipt ofllOtice ora cauin Assigtllllellt of Project Documenu from Crown American Properties. I..P., a Ddaware limited pannenbip ("Bonvwer") to Lender, which penainstothalcenain .:>..,. .f:..+ .cIa1ed '';9/q~ .bet-oetI ! COIIIractOf and Borrower ("Conlract"); approves IUcb Assianmem; represenu 10 Lender thai it has 110 kllOwledse ofany prior assignment of the COIIIrId by Bc:."o~ agrees to give La1iJer wrinen IIOtice lithe address indicaled in the Assipunent of any def.&ult by Borrower unc1er the COlIIract simultaneoUSly with CoatrlClot's sivins of notice of de&ultto Borrower; agred to sive Lender. II Lender's sole option. the rip 10 QIR any and aD defaulu by Borrower lIIlder the Contract; represents to Lender thai the COIlIRCl is WlIIIOllified and in NIl force and effect; agrees with Lender to pay and cIischarse aD Iicns or daims for labor and marerials furnished in connection with lbe Contraa; agrees with Lender to fuDy alllIplele aD work in accordance with the terms of: IIId on or berOre tire completion cIa1e specilied ill the Comncl, lUbject to any permined deIa)'s U lei ronb in the Corarxt and pnMded thai Conmaor is paid for IIICh work in acconlaDce with the lertIlS orthe Coalnd; 1~'..JCIllS and wamms to Lender IIw Coatractor bas aD -.''1 permits. r_ and IIIIhority WIlIer aD are and 1ocaIlaws, orm"'- and rqp,.ahons to pgfUllll aD oriu obr.ptit- Ullder the Ccmuacr; agrees with Lender IIw Lender sbaII have no rllbility 10 COIlIRClor either WIlIer the COlllf'Kt. the f\), "ll,,;ng As1iS--. or ocherwise for any Id or omission oc:aurirIs prior to IIICh time (if any} u Lender dects, and so notifies ClIlIUaCtor ill writiIIa. 10 _ the Nture obl''I''fionc of Borrower WIlIer the Conuaa; and agrees thai aD oflhe riJbu and remedies ofLcnder henunder sbaII inure 10 lhe benefit of Lender's a..-.sors IIId ....,.. ('amflctCll' hereby colIatmn~' assigns. rransfers and conveys unto Lender. its ~~rs and a~ an lhe rivhts. inl~s and ,milqcs ofComflClor in and to each and l:\~' ..I/lnlmr:act ncn\ (II' hereaftfl' entered into~' ('omractor with respecl to the Property or lhe COlIIflCI ('onlractor co\enaIDs and al!fftS lhat il has IlOI and win not exeane or make any assiJllllllClll ofils riJhts under sucII subcontracts 10 anyone other than Lender. The forqoins assignment is made to SCCIIR Contractor's obliplions 10 Lendfl' under this ContraClor's Acknowledgment and ('onsent and Assilll'lIlKID orSubcomraCls. inc1udi"ll wilhoutlimilation. ('OllIraClor's obIiplion to complete lhe wen described in lhe Comract in SlriCl acconIance with lhe terms of sucII Comract. for lhe benefit of Lender UllOft the requesl ofl.ender. Lender shan IlOI be obIipted 10 perform or cIist:harp any obIiption or COIIIrIdor ill ~\'" ftioll witb any of u:b .wco..c..as uaIess. lIIIliI and to tIte atelllllw Leader. faIIowina a cIefauI1 by Cotttractor hereuIIder or IIfIder the CCIlIII'ICl, ...... -'-'/ usumes ill wriliDIlIIY sudl sW-dl.cl. IN WITNESS WHEREOF. COllIl'ICIot has cauted this iDsttumcnt to be duly this cuculcd and NoIanaI Seat l1lIany U Sedunoe<. NcIary Public Harrc>Oen TWIJ Cumo>e<1and County (Seal) ,1lIy~...,., e,pre. De<: 18.:000 WtmeWAnaa. ....7"#77J:7~~"i.'.. ~{/~~ B, r.te: "'w ""'~ ..... .~ "{1-~"t/ ::.JtJ. ~ t...., ~.'u - ~....It.. TIde: -s.....f>l41ol.U.f'\ ~ . , , EXHIBIT "A" LEGAL OESCRlmON CAPITAL CITY MALL ALL THAT CERTAIN tr.ael or parcel o( land siluale in lhe Township o( Lower Allen. County o( Cumberland. Commonwealth o( Pennsylvania. more particularly bounded and described at (ollows 10 wil: < BEGINNING al a poinl on lhe Nonhern Riehl.O(.Way line o( Hanzdale Drive al lhe lerminus o( a 23 (llOI radius eonneetinelhe Nunhern line o( HU1ZdaIe Onve with the Weslern line o( Capital Mall Drive; thence alone lhe Nonhem Riehl.O(.Way line o( HarucJ.ale Drive. South $3 decrees 12 minules 22 seconds West, a diJwle~ o( 2029. U (ce1 10 a poinl; !hence alone a curve, curvine 10 lhe riehl havinC a chord be:uille, Nonh 8J decrees 20 minllU:S ,It sc:eonds West. a diJlII1I.:.: 0( 61.89 (ceI. a r.ulius o{ 4$.00 and an are leneth o( ~.24 {cellO a poinl on lhe Easlern Riehl-Q(.Way line o( Zimmerman Drive; thence alone \he Zimmerman Drive Riehl.O(.Way line, Nonh 39 decrees .54 minutes /8 seconds Wen, a diSWlCC o( 889.62 (ce1 10 a poWlIlI Ihc Soullw'n Riehl.O(.Way line o( new U.S. Route U; thence in a NonhcasterIy dircaillll alone Did Riehl.O(.Way the (oIlowine CIlUnc:s and diSWlteS, Nonh 4$ decrees 16 minutes 22 seconds Easl, a dilWlCC 0(221.30 (cellO a poinl; \hence alone a curve. curvine 10 \he leR havine a dlord be:lrine Nonh 42 lIqrees 09 minutes 49 sc:eondl Easl. a distance o( 399.116 (ceI, a radius o( 3678.80 (CI:l and an an: leneth or 399.26 (ce1 10 a poinl; Ihcnee SouIh $0 deer=s $6 minutes << ICalIIds 1!asI, a dislanc:c o( 30.00 (cellO a poinl; thence alone a curve. curvinellll/le IcI\ bavine a chord bc:arine, Nonh 37 dqrees 04 minutes 31 seconds 1!asI. a di_ 0( 2$6.17 {ceI, a radius of 3701.80 (ce1 and an are leneth o( 2$6.22 (ce1 10 a painl; \hence South $4 dqrees $4 minuteS 14 IClCIllIds East. a dilWlCl: o( 20.00 (celIO a poinl; \hence alone a auve. cumne 10 \he lelI havine a chord bcarine, Nonh 32 clqrees U minllU:S 09 seconds East, a diswIa: 0( 213.29 (ea, a radius o( 3728.80 {Cd and allan: ICIleth o( 213.36 (Cd 10 a poinl; I/lenee South $9 dqrees IS minuteS 2& ICalIIds East, a dislanc:c of 1&.00 (celIO a poW; lhena: Nonh 31 dqrees ll.5 minUleS J4 sceonds EuI. a diswIa: 0(39$.21 {Cd 10 a poinl; Ihenee aIona a curve. cumne 10 I/le riehl. havine a chord bcarina, Nonh 32 clqrccs $9 minuteS J6 scc:onds E.uI, a diSllllCe o{ 23.26 (ceI. a ndius of 3$0.74 {Cd and an an: Ienelh 0( 23.27 (Cd 10 a poinI; Ihena: Nonh U dqrccs 06 minulel 22 SCCOIlds West, a distance ofM-oo f4:a IU poiDc; lhenc:e alone a curve, auvi"110 the riahl havine a chord bcarina. Nonh 47 clqrccs n minllU:S 3a ICICIlCllIJ East. a dilWlCC of 166.79 {Cd. a ndius o( 370.74 (ce1 &ad IA are lctIelll o( 16&.23 (Cd III a poinI; Ihcna: Nonll 29 dqrca 06 minuteS 23 SCCOIlds W=, a distance o( 36.00 (ecllO a point; I/lenec alone a curve, CIomne 10 \he riShl havina a dlon:l bearina. Nonh 61 dqrccs $I minUla 27 seconds East, a diswx:e o( 1$.34 (OCI, a lIdius o( 406. 74 (eel and an are fcneth o( 1S.34 fOCI 10 a point; lllenec Nonh 6J dqrees 14 minutes $7 ICalIIds EuI. a distance o( 1$,$4 fcellO a poinl; IIlcna: alona a curve. c:urvinelO \he left havina a dlon:l bc:arina. Nonh 60 dqRCI U minutes $ 1 SCCOIlds E.uI. a dilWlCl: of 40.2$ (ecI. a ndius 0( 316.<< and an an: lctIelll of 40.27 feel 10 a point; Ihenee leavina I/le Soullw'n Riahl-Q(,Way line of new U.S. RouIC U and {ollowina the WCSWlI Richl-Q(.Way line o( CapiI&/ Mall Drift tile (oIlowina caunes and diswlea. aIonS a curve, curvina 10 Ihc ri&hl havina a chord bcarin&. SOUIIl6$ dqrees<< minUla II seconds 1!asI. a distance o( 479.09 (OCI. a radius 0( 427.33 (a:! and an an: lctIalh of $01." fcellO a poinl; Ihenee Soulll 3 I dqrees 3a minula 37 IIlCOllds East. a c1i_ 0( 109.07 (celIO a point; Ihcna: Nonh $a dqRlCl 21 millUleS 23 a:andl 1!asI, a disIanea of 1.00 (eet 10 a poinI; Ihcna: on a ~. eun-inS 10 lha left bavina a dIonI bcarinl, Sou11142 dqllCS' 1 mlOllla n SCCOIlds E.uI. . dilWlCC of 174,$ I ICd. a radilll 0( <<a.74 loa aIld an art lenp of 17$. 6J lea 10 a poinI; IIlalc:c Soul11.54 clqn:a 04 miIlula 07 -.!a I!.uI. a "i~ of 106.04 lea ID a poinI; IIlalc:c 011 a curve, ClIrvina 10 I/le rialll uvinc a cIlonI baria&. Soul11 .a dqrca 29 IIlinUU:S 42 SCCOIlds East. a d;"'- of 109.7j ra:s. a qdilll of UU6 (ea aIld III an: Icn&Ill of 109.92 (ea 10 a poilu; IlIaIec Soul1142 dqna U ....... 16 -..ts E.uI. allilla_ of 76.3$ foa 10 a pouII; IlIaIec Soul11 J6 dqna 47 ""- 31__ I!uI. a ..i...- 01337,46 rea 10 a pouII; I/lencII aJonc a _ cum.c 10 11III nck uv... a dIonI beaM&. Sou1lI oa clqrca 12 minula 2l1llQJllds \Vat, a __ 0( J2.D ra:s. a radiu. 0( 23.00 (tIS &ad .. an: Ica&Ill 0( 36.13 fea 10 a pIIlAI. uid poiftIllcuIc I1lI poilu 01 "qi*-' 'J. COf'on"AINlNr. ".1115 lOa .. . (~., ".j' ,..') ""....' -'a ~ ~ ~ . '1 0 . t " ...', , t .~ ~ ) 8 ".. "' (11 01 , I Ol ;'"1 t ..0 . "- a ~ ~ .., ., ).) -l:. - .- ...; ~ -0 P 0 ~ t. ~ ...