HomeMy WebLinkAbout97-04970
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~ONTRACTORS W AlYEA OF UENS AGREE~NT
TillS AGREEMENT, ...01, .nd conduded Ihls 22nd day of ^"'J" '" . 19,.!U. btrwMII
Crown AlTIcr lean P,opcrt if'". LP wltllIll.ddre.. 01 Joh.lloMl. PenDs~lvUlil
("OMl.r/COI1Itructlun A~r.lll")....d IIMrisburq G L,,"" Co, ,"Conlnclor").
Where.. ,,)' I 01111)' ae.uled ..rltten purehl". ord.r (Ihe ~Purehu, Ord.r"). I copy ol,"hl~h
I. artld.,d bo:n,lo u E:dUbil "A" 11I1.1 the provilions 01 ..b1ch Irt mid. a part herrof u If ruuy Itl
furth hertln, OwocrlCoDatrudloo A,IDllDd CODlrlctor hlW conlrlcled lor Ihe erecdon.
colUtruction 11I1.1 completion 0' Ma II ~'mov;'t Ions (the "Impronmenls") IU ht rm'lrd
on real <.Illte dCJcrlbed in E1IIlbll ~B" Ittad.ed (lb. Propertyl: 11I1.1
Wbere.. by Ih. l...iII. ohhe Purd.... Ord.r: Conln~lur hi. cu"..nanled. promised IDol
I.reed Ihal DO mechwCI or materlalmtll'.lIeD or claims would be liIed or mainlaincd alainsllhe
Prop.rty or III)' pal1lh.reof .Ith.r b)' himself Dr IIIYOIII cia. for or on accounl of III)' work.'.bor Dr
malcriaIJ supplLed in lb. p.rfOnDlllce of lb. PurchaR Ordel', or WIder any .uppl_nlal conlracl or
for estrl work. In lhe erection, con.lructloD or .t1mpledon of the Improvemenl. on the Prorerty,
NOW nus AGRF.F.MENT WITNESSETH:
I. Th. CulllrlClor. for hfauclf Uld U)'Olle dsc Ictlnl or clllmlnllhroulh or und,r him. for
and in cORlldeutioa oftb. Purcbue Order 11I1.1 Ihe ,oolldentions mendoned th.~ei... and
10 orden 10 permit tile OwuerlCoDllruction AI,OIIO procur. lbe makinE of on. or IDor.
loalls on lbe Jmpro_u IDol tbe Property IDd inlaldlnllO . lell1ly bound hereby,
dOct hereby waiver. rdeaH, rtIinquilb and qullc1ain1 io f.vor oflh. Owner/CORItrucdon
Acent IIId.ach ud nlry luder on III. Property ud J.pro_nll. all rilhllO lIan.
claim or nolice of iDtentlon to lIIe IOY lieD or cilia, IIId doN hlRby COVIIIIIII, promll'
11I1.1 a.r" that no Ii. or claim of an)/ klad "hatt_11' .hall be died or mllnlalned Ilalnll
lbe Improvemenll or Ill. IItolt or till. of O....crlConarucdon Alllllla Iht properilY by
or In the aUD' of contractor or lilY IlIbeonlr.ctor, ..aterlalmllll or Ilboreralor ,"ork
done or materials fumilbed und.r 11I1 Purchll' Orcltr or by uy olhcr pll1y Ie line
Ibroullh or under lb.. or uy ohb_ for lIlel aboullhe imprOYrmeul ollhe Property or
III)' pan tIlIreof, or 011 eredll thereof, and Ihll aIlsMb,onlrlcton. mlleriolmen. Uld
'Iborers on lb. work Iballlook 10 IOd hold Conlrlclor penonaUy liable for plyment of
all 'ubconlracton. nwerlal, f'lIrnlshecl pd work Md labor clone, 10 thlllh.rl .hall 001
be any lea" or lawful claim oluy kind whllever IIllnll OwnerlConslruuion AIClIt for
III)' ..ork done or l.tIor .r materials famlsh.d PUrllUUlt to the Purehue Order for IIId
IbOIlI the erection, CGRllnlcllOll iUld completion orabe Improvctncat.l, or und.r 111)'
contract or th..... order 'or el1ra work, or for work .uppl",olallherelo or olhenrise.
%. Thi, Acr_enl ..alvine the ripl of lien shall be III Ind.pendlnl ....nUlllld .lIln
operlte Uld be .lrectlve .. well with I'1IIpcCIIO work dllllC ud mal.rlall furnished ....r
lilY .uppl.......lal cunlrld or chlUlle order tor tltrl _rll ill the erection. cONlructlon
..,d cCllllplellon of tilt llllflrovemuu U 10 IJI)' work and labor dODllDd .....rilll
(umlahed punutllt It the Pur.hlle Order. and ,hall bhuII all lu.cmon pd 11I11" of the
CemlrKlor. TIle Conlr.clor Ilrea thalli hll not ad, wlllaot 11I110 III d.... Iv,
pay mel Wldar tII. Pureb... Order.
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CONTRACT PURCHASE ORDER NO. 5131-0010
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CROWN AMERICAN PROPERTIES, L.P.
Pasquerllla Plaza
Johnstown, PA 15907
(814) 536.4441
DATE:
August 4, 1997
TO: Bill Little
HarrlsbullJ Glass Co.
444 Railroad Avenue
Shlremanstown, PA 17011
7171761-8444
fax 7171737-3366
Distribution to:
Accounting-Chris lordan
Insurance
Legal-Chris Sheridan
Field
File-P.O. Book
Flnance.Gwen Hartnett
RE: Capital CItY Mall Renovation
SHIP TO:
Bob Phillippi CORP: M
Capital CItY Mall PROJECT: QAli
3506 Capital Mall Drive )OB: Qlll
Camp Hili PA 17011 AREA: O_O_~
DESC. Glass & Glazlnll COST ACCT. OB81 0 ~
In consideration of the lump sum of $11.500.00 Includlnll all ru" ilL..:~,Ctaxes and Insurance's
you will furnish all labor, materials, supervision, Inspections, tools, equipment, scaffold, hoisting,
saretY, and layout as required for the complete performance of the followinllscope(s) of work meeting all
local, state, and federal regulations and to conform with the piaN and speclflcatlons which are hereby
Incorporated by reference as part of this contract:
DISPOSITION OF P.O.: Failure to accept Purchase Order within flve (5) days Is reason to cancel
order.
I. SCOPE OF WORK: Via this purchase order contract you shall provide all supervision, ~
manpower, materials, and equipment as required to successfully complete the Glass and Glazing work ~
as Indicated via your propo.sal dated 6/27/97 and attached sketch. Your work II be completed ~ 4\
lillllUIAll10r 11. 1997 and shall be In accordance with ADA Requiremenu
!)., w.-tA."' e u;'(d:~ r..fIv. f"t.I.:'<<./+ ..~ 'i1'P"...J 'J'A..;dro",;,y
TOT At S JI.500.oo
~~iJ.
Accepted this I Y of, A:J--1997,
C
nuaclOr}
By
~
CONTRACT PURCHASE ORDER NO. 5231-0010
2
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1 b) Employee parking areas and contractor stJglng/storage areas shall be deslgllated/regulated
by Crown American's fteld superintendent. Only conStlucdon vehicles and equipment actually engaged in
performing work will be permitted beyond said designated areas.
1 c) You shall do all layout work required for the InstJllatlon of your work. You sh;:1I be
responsible for the clean-up and removal from the lob site of all debris created by your work and
personnel. Failure to comply with the clean-up requests/Instructions from Crown American's
Construction Supervisor will result In the clean-up being done by others and the cost of same being
backcharged to the conuactor.
.(J.\
I d) SubmlttJls: Submit Immediately, but not later than the submlttJl due date(s) shown below,
oliIllt (8) wples each of all shop drawings, catJlog cuts, material sal11ples, etc. as may be required by the
plans and speclftcatlon relative to your scope of work to Crown American for review. Crown American
will not be held responsible for any materials purchased, fabricated or InstJlled prior to approval of
submittals for same. fUlllbl. "nu {.2} ~1C...14.J ,,11'<<:1'= dld"III.~ dill; 'lC"tul,~~'~For sprinkler only furnish Slxtt
(6) print sets with Factory Mutual stJmp. ~~I~" ;d 1" ~YI~~ :~~;.;;~ ~~I'I.:, ..III mull I" d "d~~d Idrge
ef $50.00 fer ea(h phowcoPY"Ol'Tepruu r m e b u I I n. All samples must have lob
name and store name on area clearly Indicated with subml:tJl date,
SubmlttJl
Due Date
No, of Cooles
Sent to:
Glass and Glazing
Door Operator
8/ I 5/97
6
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
08810
OescrlotilID
Glass & Glazing
Am
0000
Amount
11,500.00
3 CONTRACTOR'S OBLlGA nONS:
3a) Security:
.iL-
Security guard services will be furnished by Crown American; IISt'le'/fr, 1l!(lIrltY (stH 1'111I
"t I're rau:d le th< h.di..l<iual {~..ll&'t..il bAJ...,j 0.. n,ullchtj ,-un dl"ldc:d by \1,,::, "ulllb~r uf (.UIIUdl.Ldfs
illIrllllJ tile $fftUlf, ptrlod, You shall receive, unload, and secure all materials required for your work,
whether furnished by you or furnished by others.
t\.tJJ..( ..-JrL-
::' Crown. merICZ7:,ertles, L.P,
0011 s L. Wess
Prol t Mana..r
CONTRACT PURCHASE ORIU:R NO. !l231.0010
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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 Project Manager. All costs for overtime, If
required by your failure (0 meet said schedules, shall be borne by you at no expense (0 Crown Arnerlcan.
Contractor agrees to commence performance of the contract work within five (5) days after
notice Irom the Owner, and thereafter to prosecute the same continuously with due diligence so as not
to cause allY delays or Interference with the completion of the Prolect. 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, to supply such equipment,
malerlals, 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
speclfled therein has been fully completed, even though the Contractor has acted under the notice but
has failed to continue to do so uninterruptedly until complete performance thereof. Contractor shall work
overtime, Saturdays and Sundays at the direction of owner without additional cost to owner If such
overtime and Saturday and Sunday work Is necessary to cure delinquency In maintaining est.lbllshed
completion schedules and such delinquency Is due to 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
10 obtain the earliest possible completion of the Prolect, 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 111
connection with the performance of the whole work or any part thereof. Where the Contractor has
knowledge, or, In the exercise of ordinary attelltlon to III operations, should have knowledge, of the
nece15lty for III work or any part thereof (0 progress at any particular time so that ensuing 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 though the performance
thereof will result In the conuactor's being required to cut and patch and otherwise repair or restore the
work of said ensuing operations by others In order to Install the part or parts of the contract work which
the contractor failed to Install In 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 r1ghll granted in this paragraph shall be In addition to all other rlghll granted In
this contract.
NOTE: If delivery/erection Is delayed for any reason, this contractor must notify Crown American's
Prolect Manager and Construction Supervisor In writing of the duration of and the reason(s) for same, as
well as the appropriate action you WII~ meet schedules,
-5() Jub CUII''!;I 'l;1I\.W:;'; .,..t""V'/~
R"...I., ..",,~17 j..b ",,,f.,,,,,,,,, ,,,,,,,,1"1> 0411I b" ",,,d..u,,d..,, ,I." by (,u.." Allied,." ~ prul~
Manager and/or Construction Supervisor at Crown American's lob trailer. All meetings are tent.ltively
Accepted thll I 2... day of, ~,1997, By: Crow / American
By_ .. C By_ I
conuactor) OOUI' ' ell
Pro! t Manal"
,
CONTRACT PURCHASE ORDER NO. 5231-0010 rf':
.# if-
~;;~ ::.: ': ........"' ." ,,,...,:,,, "'! J~ o;,....t:::' ;;::;."' ~ ;:;""" ""'!
proper e II at eacl1 All e'/e;i m;~d~,. c.~",,, A~.~1~4~" CU:::~~~~UII Su,,~,~or'smrne,
addl"'''', 411d .d""I.ulI'" """lb"" 4'''' 1I..I:d III d'l: 51.1" Tv h,fv""..lun un page I or this Purchase
Ohler.
4
3d) Field Measuremen15:
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 field
verify all KTade, levels, lines and dimensions as shown on the contract documen15. You shall responsible
to notll'y 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 Documen15:
A!. part of this contract, you will be provided with one ( 1) set of blue line prlnll of drawings and
one (1) photoCOPY of specifications, addenda, and bulletins as per the drawing and specification IIs15
attached hereto. It Is your responsibilitY at your sole cost and expense to make any and all copies of the
construction documen15 as required for your use as well as that of your suppliers, subcontractors, etc.
For "as.bullt" drawings, Crown American will provide you with one (1) 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 writing 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 for your work or workers. Temporary light 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 Installation of work, excluding your field
office(s)/traller(s), shall be billed to and P~71 Crown American.
s. . ,\S Bl:IlL T BIbl.WINGS. fi/ ~
~;;;'t.";;;; ~ N: ~~. vf no'" '00 ."" fu. ~.::' :'.': ':~: :~':: :: ~~
rep~le as. ,g relillAages ..\'ldll1ehl "1/11I ~e releasellllAtll the iI4 IJuik llrawl,." ha~e
be .
6. JURISDICTIONAL DISPUTES (TRADES OR CRAFTS):
601) All lurlsdlctlonal disputes arising on this project In connection with the craft.~ for this work
and/or the furnishing of this material shall be adlusted and settled at the descretlon of owner by the
National Joint Board of Settlement of Jurisdiction Disputes In the Building and Construction Industry
Accepted this \2.- cUy of , ~ 1997, By: Crow
By
c.
By
CONTRACT PURCHASE ORDEI~ NO. 5231-0010
5
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only. However, Contractor shall be responsible for the continuance of work while said disputes are
pending. This paragraph takes precedence over any specifications.
7 CLAIMS AND/OR DISPUTES:
7a) All claims, disputes and other matters In question between the Contractor and the Owner
arising out of, or relating to, the Contract 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, contractor
shall be responslbl(! for the continuance of work. This paragraph take precedence over any specifications.
8 PLANS AND SPECIFICATIONS:
8a) Your scope(s) of work shall conform to the plans and specifications which are hereby
Incorporated as part of this contract, 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 authorization of Crown American's Facilities Planning Division.
9 PA YMENTS:
9 a) Invoicing:
All applications for payments shall be prepared In triplicate on AlA G.702 and G.703 forms
and shall be presented to Crown American's Construction Supervisor and Prolect Manager on site for
verification and signature prior to submittal. Submit monthly applications for payment triplicate, properly
verified, notarized and accompanied by a notarized Affidavit and Release statement from you and all
subcontractors and suppliers that you have employed, to Crown American, Attention: Facilities Planning.
(The Accounting Department will submit Invoices to the Project Manager for his final 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 retalnage payments must be Invoiced separate
with Final Affidavit and Release. Appilcatlons for payment must be reviewed by the contractor, Crown
Amerlc.an's Construction Supervisor and Project Manager by the 26th of each month. The approved
payment documents will be forwarded to Crown by the Project Manager. Checks 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 com!>letlon of scope of work and Crown's
approval of completed work.
9b) Retalnages:
Accepted this L- day of , ~ 1997,
By. I., (.
(conUaclOr)
By_
CONTRACT PURCHASE ORDER NO. 5231-0010
6
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No retalnages will be released until such time that the following has been received by Crown
American's Prolect Manager:
I) All work has been completed and approved by Crown American and the Archltect(s) per
plans and specifications.
~) Your written guarantee pursuant to paragraph II hereof, notarized and witnessed, has been
received along with your t1nal Waiver of Liens properly executed and notarized.
'-..,./" :I) k Hwlll flrawlfll~ have tlftA rtt:dvtd 3ftd the ;\flhlu:ll(J) J'l. ~lal~;J J,,,d ,J"'I;"fft,,~dulI;).
4) You have billed separately for the retain age.
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 retalnages 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: (1) execute and have notarized and submit a Partial Waiver of Liens form
with each Invoice In an amount equal to the total amount Invoiced by Contractor 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
retalnage due to Contractor.
In any event and under all circumstances, Contractor hereby agrees that any lien or claim 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 Mortgage, Deed of Trust, or Security Deed that now existS, or may hereafter be placed upon
the property or any part thereof and to all 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
or upon or performed upon said property. 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
Moltllage, Deed of Trust, or Security Deed. Should any such lender desire confinnatlon 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 alllnnruments 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 monetary change to the contract for Crown's
aid written notice shall contain a description In suft1c1ent detail and breakdown of the change
I \L day of ,~"'JJ 1997, By:
Ct.. (.. By
(conuac r)
CONTRACT PURCHASE ORDER NO. 5231-0010
7
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to your scope of work so mat Crown may be able to review. No work In conjunction with the revised
plans shall comrnence until me scope and monetary change has been reviewed and you have received
Crown's written approval to proceed. Documentadon muS[ be Itemized
AdlustmenLS In the contract amount or contract dme, If any, resuldnll' from such changes shall
be set forth In a Purchase Order Change Order Issued by Crown American. If Crown American does
not receive Solid wrllten nodce within the ten days, It will be deemed that you have agreed to perform all
revisions In work, and further tl13l the contract amount as adjusted by moneury change, If any,
determined by Crown will be deemed to be full compensadon to you for perfonnance of the full
COnlraCL You cannot Invoice for any extras prior to recel'~lng and execudng a Change Order for same
from Crown American.
NO FIELD CHANGES SHAll BE PERFORMED, EXCEPT BY WRITTEN AUTHORIZATION
FROM CROWN AMERICAN. Any work required and authorized will carry a maximum toul
cOnlractor'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 negligent acLS of the Conti actor, the tractor's agents, employees, or
subcontractors or materials suppliers. \
2e1 Ilaullbrptl DJmJges:
Yswr fafltlfe f8 d(n..~r JhuJI dld"IIII;), l..d-.uI"D ttn~, Material 38'"t'le5, tfC. as lchelttilt8 "u(th the
Project MaRager or "I";ltllI" fwe"fY (20) IIK~J if not Jp~dfl~lIl" thl, P\Jrcnase Uwer Will reSUlt In a late day
peR4IIl}" af , IOO.O(){flay and will b~ ,"-dJ",uld\.t:d UJ.'UII LlIt~ lIuJJlber OJ (Jays tne material arrwes late
lftve"d that date Jl1o"" 0.. dl'l; \.UIIJLI u\.dulI .u.llt:dule.
l"aUuli; Oil ,Ou, IJ'dll tv 1J1uvt:lly 1Jt:'lfullll yUUI )l..UIJt:' ur WUJk IJUI1Udll\ LV dl'll; constrttetion
scln!d..l", Jliall ,6ull I" d 1I"'''dllY uf ,"v"" (,ulI(h"d flfLY dulldl> (S750.00)/ddY 114uldau~d daAUges for
eactHMy that C9R$tf'YCH8R t1'8,..e.$~ (! reEdnteit as a itlrect re!wlt sf ~~9wr fJllwrv to exgCl.Ito yoyr ".t'srlr.
The above penalties will not apply to causes beyond your control such as, but not limited to,
ACLS of God, Information withheld by the Owner, Construction Agent, or Engineer.
10. INSURANCE
lOa) Contractor's insurance must meet Crown American's minimum requlremenLS:
I. Comprehensive General liability, Indudlng 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. Ir contractor's liability Insurance policy Is on
the new 1986 ISO Form, then It must:
(A) Have the Owner's and Contractors Protective rorm.
(B) For blasting contractors; have blastinII' operation not excluded from coverages.
II. 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
Accepted this fl...da of ~,,,I _1997,
By
By:
By
CONTRACT PURCHASE ORDER NO. 5231-0010
8
certificates of Insurance. NOTE: the certificate of Insurance should list the Crown entity as shown of
the slllllature 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 respective 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 '001 above have been met.
[[ Provide that Crown American shall receive written notice at least thirty (30) dt[:.a. vance of any
cancellation or material alteration of the polley. . .
Q,
II. BON S: ~
/1101
~h surety.
12 GUARANTEES:
12a) You shall be responsible for a one ( I) year minimum guarantee and in some ca.ses, a longer
period a.s required by the specifications. No re(;llnages withheld will be released until such time that your
wl'luen guarantee and equipment warranties are sent - two (2) copies each to the Pro/eet 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 prolect and must appear In this document, a.s 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 projeet name.
13 SAFETY:
'301) You are to appoint a lob site "Safety Man". His name Is to be given to Crown American's
Construction Supervisor for record prior to S(;lrt of contract work. You are responsible for Initiating and
maintaining your own Safety Programs. Be aware that although you are contracted by Crown American
to perform certain work, you are still responsible 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 mauer and shall
hold Crown American harmles.s a.s provided for In Paragraph 14 below. You are to provide all needed
safety items as required for your pha.se of work. This Includes but Is not limited to all safety barricades,
dally clean-up of debris and removal of same and providing other pedestrian restriction devices
needed to avoid accident or Injury. Any damages or Injury caused by your work will be your liability.
Accepted thlllL day 0' , %_1997, By: Cro
By -, r: By ___
CONTRACT PURCHASE ORDER NO. ~231-0010
9
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The Contractor shall take 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 Contractor shall r~port within three (3) days to
the Owner/Construction Agent any Inlury to any of the Contractor's employees at the site.
14. ALCOHOl AND CONTROLLED SUBSTANCES:
14a) Acceptance of this purchase order will hold you, the contractor, responsible for the
acts/actions of your crew members under your employ while at the lob site. No controlled substances or
alcohol will be permitted on any Crown American lob sites. Individuals found to possess and/or be
under the Influence of controlled substances or alcohol may be prosecuted by local authorities and will be
deemed to be a substantial violation of this contract and will be valid grounds for the Immediate
termination of this contract, should Crown American, In Its sole discretion, so determine. Any fees,
Including legal fees, will be the respon.llblllty of the contractor.
15 INDEMNIFICATION:
15a) Contractor will defend and will Indemnify Crown American, the Architect, and the
Owner, their agents, servants, 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
disbursements) In connection with the loss of life, personallnlury, loss by reason of accident, Infringement
of patents, 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 Contractor, Its subcontractors, agents, servants, or employees; or their respective
agents, servants, or employees.
16 ASSIGNMENT:
16a) This purchase order shall not be assigned, nor any portion of the work described herein be
subcontracted to anyone other than the entity named hereon, without written duthorlmlon and approval
of the owner. Provided however, Crown American Is expressly permitted to assign Its rights' under this
Purchase Order as collateral for any flnancing contemplated by Crown American.
17. OWNER'S/CONSTRUCTION AGENT'S RIGHT TO CARRY OUT THE WORK
17a) If the contractor defaults In or Is guilty or a substantial violation of the terms hereof or falls
to perform any provision of the contract, the Owner may, after three (3) days written notice to the
contractor and without prejudice to any other remedy he may have, may In Its sole discretion and
without dny obligation to do so, make good said deficiencies In any such defaults. In such case an
Ace led day of ,'t;L 1997, By: Cr Ame can Properties, L.P,
B " C By
CONTRACT PURCHASE ORDER NO. ~231-0010
10
.
appropriate change order shall be Issued deducting from the payments then or thereafter due the
contractor the cost of correcting such dellclencles, Inclu('lng the cost of the Owner's additional services
made necessary by such default, neglect or failure. If the payments then or thereafter due the contractor
are not sufficient to cover such amount, the c:>nuaClOr shall pay the dlfferenr.e to the Owner.
18. TERMINATION OF THE CONTRACT: Tennlnatlon by the Owner/Construction Agent
18a) If the conuactor Is adjudged 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 fall~, except In cases for which extension of time Is provided, to supply enough
properly skilled workmen or proper materials, or If he falls to make prompt payment to subconuactors or
for materials or labor, or persistently disregards laws, ordinances, rules, regulations or orders of any
public authority having Jurisdiction, or otherwise Is guilty of a substantial violation of the provisions of the
contract documents, then the Owner/Consuuctlon Agent upon certification may without preludlce to
any right to remedy, and after giving the conuactor and his surety, If any, three (3) days written
notice, tennlnate the employment of the contractor and take possession of the site and of all materials,
equipment, and machinery thereon owned by the conuactor 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/PURCHASE 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
2 Partial Waiver of Liens Agreement
3. Final Waiver of Liens Agreement
4. AlA Forms G702 & G703
5. Drawings listed:
6 Other
A.
GENERAL NOTES
I. Provide your own weather protection to do your work. This protection Is to be reviewed with
the Profect Manaler and Crown American's Field Superintendent prior to Installation and shall
remain In place until work area Is completed and protected from the weather.
Accepted this l2.d~ of, "!J 1997, By: Cr Ie n P openles, L.P,
By :{,. /':' Be
nu~etor )
, Harrisburg Glass Co.
444 Reilrold AVlnue, P,O. Box 3250, Shiremsnstown, PA 17011
(717) 761-8444 (717) 737-3366 (fIx)
1-800-822.2900
6/27197
Crown Amlrlcen Corporltion
P,O, Box 879.
Johnstown, PI. 15907
Alten,:
Wo 11'_ to _ mlllllolo pit OPlcttlclllono bllow:
Job: Capltll City Mall (Renovltlons )
Locetion: Camp Hill, Pa,
Architect:
For the Sum Of: $11,865,00 including tax
Furnish Ind InstIll
Remove' dispose ( 1 pr, ) exterior and ( 1 pr,) Interior existing slumlnum Intrlnce
doors, Re-conslruct original door' sidelite framing to allow Installallon of Horton Series 2110
Automlllc Sliding Entrance Doors ( 0 - SX), Automatic doors to be nlrrow slile and be
complete with emergency brelkawlY, muntins, motion detectors, and doorwsy hold open beams,
Doors to be single slide with approx.42" door opening,
Existing SidelitefTrlnsom openings to be reglazed with 1/4 c1elr slfety glass,
Aluminum In dark bronze anodized finish,
Caulking of frames installed,
SEE ATTACHED SKETCH
Nollncluded:
Permits
Floor Repllr Work
120 Volt electric wiring into elch operator
Repair' Replacement of eXiSting alumlnum,door hardware
AA:Clpllnco .,1No p,opoul C...IltllIH I conrlct I. rumilh mlllllol Ind I ot !.Ibot IllpIctllld IIItIe prtcl qucad Ind
oubjlct 10 IInnl Ind condlllonl on IIl1 'IV...I _
Accepted:
Olle:
By:
By'
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LEGAL DESCRlmON
CAPITAL CITY MALL
. ALL TH^ T CllRTAIN I/2CI or ~el of land sillWe In Ihe Township of Lower Allen,
CounlY of Cumberland. Commonwc:llLII of Pennsylvania. more posllcul:uly bounded and
dcscri~ed as (allows 10 wil: '
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lIEGINNINO al a poinl on Ihe Nonhem Riehl-Of.Way line of H."nJale Drive al Ihe
lerminus of a 23 fooll2dlus connecline Ihe Nunhem line of HanuWe Dnve wiLlI LIIe WUlCm
line o( Capllal Mall Drive; thence alone the Nonhem Riehl.Or.Wal Une of Hutzdale Drive,
Soulh '3 deercc.s 12 mlnulcs 22 seconds West. & di1tancc of 2029. U fccl 10 . polnl; lhcnu
alone a curvc, curvlnC 10 Ihe riChl havlne a chord bC2rinC. Nonh &J deCrcc.s 20 minuteS 51
SCCOllds Wesl. a duwu:.: o( 61.K9 fcoil. a ndluJ o( 4'.00 and an Ill: 'Ctlllh of 68.24 fccl 10 a
poinl on Ihe !!aslern Rlehl,Of,WlY line o( Zimmerman Drive; lhcna: aJone LIIe '2.immerman
Drive Rlehl.Of.WIY line. NOM 39 decrees 54 mloulCS 18 sc:onds Wesl, a dlsWlC4 of 889.62
(<01 10 . pow on lhc SouLhcm Ri,hl.Of'W,y Une of new U.S. Roule 15., thence in ·
Nonhwlerly dir<>:tlon alone $lid Ri,hl.Of.Way Ihc (oUowin, counes and diswu:cs. Nonh 4'
dcercc.s 16 mlnulcs 22 second. !!an. & dlsuncc of 221.30 (Cd 10 a polnl; thence alan,. curve,
cUIVin,lo the leR Nvln,. d10rd bcorin, Nolth 42 de,rees r>> minuICS 49'scconds Easl. ·
dhw,e o( 399,06 (c:cI. Il2dlus of 367S.10 f..,. and an lit<: lenelh of 399.26 (CClIO . polnl:
Ih.nce Soulh 50 de,tCCS 56 mlnul<J << seconds 1!asI. I dlila~ of 30,00 r.... 10 I polnl; Ihence
alan, & curve, CIlrvln,lO 1M IcII havin, & chord bcorin,. NOM 37 dqm:.s 04 mlnulcs' 31
second. Eas.. a disW\CC of 256. 17 fecl.,1 rodius of 370S.80 feci and an :an: lensLII of256.22 feel
10 a polnl: Illenee SouLII '4 d.,n:cs 54 mJnulCJ 14 so:onds E.ul. a diSWIee of 20,00 fcel 10 I
polnl: Illence alone a cwvc. curvin, 10 the IcI\ havin, a chon! balin,. NOM 32 decrees 55
minulcs 09 scconda Easl. a dUwlcc o( 2S3.29 feci. a rodius of 372I.S0 feci and III arc .'enelh
or 28J.36 (WIO & polnl; lllcncc South '9 dql'Cl:J U mJnulCJ 21 sa:onds East. . dlsu.nce of
11,00 fcellO & polnl; LhcnCC Nonh 31 dqrees as mInulcs J.4 sc:onda East.' dls= of395.21
r<Ot 10 . poinl; th= alon, . curve. culVin, 10 lite ri,hl. havine a chord bcarin,. Nolth 32
decrees '9 mlnul<J 36 so:onds Easl. & disun= 0(23.26 fect. a l2dius o( 350.74 fcel and Il' an:
leneth o( 23.71 recl 1/11 polnl; LhcnCC Nonh " clqn:cs 06 mlnuleS :n .....,.,da WcIl. · distance
of 20,00 (a::c ....poin<; Ihcncc alone & curve, cuMn,lo lhe riCh' Nvin, a chord bcarine. Nonh
47 dceICCJ 53 minuleS 31 SO:OrWs East. . diswlCC o( 166.79 fcel. a radius of 370.74 (ecI and
an us: Icn,lh of 168.23 fcellO . point; Ihcn.. NOM 29 clq.... 06 minulcs 23 scconda WCSI.
I dlsWl... of 36.00 fCCl 10 . point; IbclIcc a1on, . cwvc. culVin, 10 lhc rI,hl Nvln, I chord
bcarin,. ' Nonh 61 dqICCJ 'I mlnulCJ '17 sccond.s Ea.sI. a dls=co o( U.34 fect. I radius of
~06. 74 (celand an arc len,,,, of U.J.4 fcellO a polne; LIIencc NoM 6) dqICCJ 14 minutes 57
sa:anda Easl. . disWlCC o( &5.54 (cc\1O I polnl; IhctIcc lIon,. CUIVe, curvin, 10 Ihe leR hay;n,
I chord bcarln,. Nonh fIJ dqICCJ U mlnuw j 1 scconda Easl. & dlswta: of 40.25 fect. · radlu.
of 386,<< and an arc len,lIt of 010,71 fccllO . polnl; I/IcnCC lcayine lhc Soulltem Riehl.Of.W.y
line o( new U.S. RoUIAl U and followUl'lhc WCSIClD Richl.o(.Way line o( Capllal Mall Drive
1M followin, counes and dlsWICCJ. a1on. . CUIYC, curvi_,1D Ihc richl havln, . chord bcarln,.
Soulll 65 dc,rees 44 mlnulcs ISIl:COIIlIJ 1lasI. a d1sunOl o( 479.09 (ees. & ndius of 427.33 (ecI
and an ale len'lll of'08.57 fees 10 I polnl; t/IcnCC Soulll31 clqrees 31 misluleS 37 scconda Easl.
I dlsWl... o( 109,07 ("' 10 . pollll; lhcnce Nolth 'I dc&1'CI:J 21 mlnulCJ 23 sccond. Easl. ·
disWlcc of 1.00 fCCl 10 . pollll; \hcnQC on . c:utYC. CUfYin, ID lhe WI havin, I chord beatln,.
Soulll 42 dcerees 51 mlnulcs:n sccon<Is East. a dISWICC o( 174-' I fc<l. & ndillS of 44S.74 (ecI
and an arc ICtl,th of 17$,6) fOIl 10 . poinl; I/'~... $oIlLII 54 de,rees 04 mlnuleS 07 """",,s bsl.
a dlsWlce of 106.04 (CCI 10 . point; I/IcnCC on & curve, curvin, 10 Ihc ri,hl "'vin. · chord
bcarin.. South 4' de,ICCJ 29 mlnuLeS 42 ~Nls Easl. . dIsIana o( 109,7$ feel, a ~iul of
561,96 (ees and an ale len,LII o( Jr>>.92 fcellO a polnl; Illcnr.e SouIh 42 dqrccs" mlnulcs. 16
sca>nd. Easl. . dis..".. o( 76.35 (ees 10 I polnl: ab.crICI Saudi 36 dqm:a 41 lOin..... Ja scoondl
Easl. . dlslll'CC of 337.46 (...10. polnl: IItcnce alone. curve. curvina 10 I/Ia riehl Nvin,.
"'ani bcarln,. South oa de,rees 12 mlnuleS 22 aa:oIIda West. . disWl.. o( 32.$3 (c<l. I 'radius
oC lJ.OO (CCI and an arc Icnelll of 36.13 fc<l1O a poiol. said polnl !>(jns Ihc poinl o( bo.lnnin,.
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