HomeMy WebLinkAbout95-02356
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CONTRACTOR' 5 WAIVER OF LIENS AGREEHEN'I'
THIS AGREEMENT. made and concluded this ,111 day of Ht\..'1L
19 ~5 . between CROWN AMERICAN FINANCING PARTNERSHIP with '" address of
Joiiiiit.own. Pennsylvania ("owner/construction Alent"). and ,Jll~Il'-i."
~ Jl:iiVICL'':'. '\--Il ("Contractor") .
Whereas by a duly executed written purchase order (the "Purchase
Order"), a copy of which is attached hereto as Exhibit "A" and the
provisions of which are made a part bereof as if fully sat forth herein.
owner/Construction Alent and Contractor have~ contracted for the
erection. construction and completion of KU \-\\,-,(, (the
"Improvements") to be erected on real estate described in Exhibit "B"
attached (the "Property"); and
Whereas by the terms of the Purchase order I Contractor has
convenanted. promised and agreed that no mechanics or materialmen's lien
or claims would be filed or maintained against the Property or any part
thereof eitber by himself or anyone else for or on account of any work.
labor or materials supplied in tha performance of the Purchase Order. or
under any supplemental contract or for extra work. in the erection.
construction or completion of the Improvements on the Property.
NOW THIS AGREEMENT WITNESSETH I
1. The Contractor. for himself and anyone else actinl or claiming
through or under him. for and in consideration of the Purchase Order and
tbe considerations mentioned therein. and in orders to permit tbe
owner/Construction Agent to procure tbe makinl of one or more loans on
the Improvements and the Property and intendinl to be legally bound
hereby, does bereby waiver. release. relinquish and quitclaim in favor
of the owner/Construction Agent and each and every lender on the
property and Improvements. all rilht to lien. claim or notice of
intention to file any lien or claim, and does hereby covenant. promise
and agree that no lien or claim of any kind whatsoever shall be filed or
maintained against the Improvements or the estate or title of
owner/Construction Agent in the Property by or in the name of Contractor
or any subcontractor, materialmen or laborers for work done or materiall
furnished under the purchase Order or by any other party acting throulh
or under them or any of them for and about the Improvements or the
property or any part thereof. or on credit thereof. and that all
subcontractors. materialmen. and laborers on the work shall look to and
hold Contractor personally liable for payment of all subcontractors,
matarials furnished and work and labor done. so that there shall not be
any legal or lawful claim of any kind whatever aglinlt
Owner/construction Agent for any work done or labor or mlterials
furnished pursuant to the Purchase Order for and about the erection.
construction and completion of the Improvements. or under any contract
or chanle order for extra work. or for work supplemental thereto or
otherwise. .
.
\
2. This Asreement waivinS the riSht of lien shall he an
independent covenant and shall operate and be effective as well with
respect to work done and materials furnished under any supplemental
contract or chanse order for extra work in the erection. construction
and completion of the Improvements BI to any work and labor done and
materials furnished pursuant to the Purchase Order, and shall bind all
successors and assisns of the Contractor. The Contractor asrees that it
has not and, will not assisn its claim for payment under the Purchase
Order.
3. In the event Contractor consists of more than one person, firm
or corporation, .theundertakinss . hereunder of each of such persons,
firms or corporations shall be joint and several, and the word
"Contractor" shall mean all or some or any of them. For purposes of
this Asreement, the sinsular shall be deemed to include the plural. and
the neuter shall be deemed to include the masculine and feminine, as the
context may require.
IN WITNESS WHEREOF, the Contractor has hereunto set (its) (his)
their hand and seal dated the day and year first above written.
ATTEST:
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RI
(If Owner or Construction AS nt or Contractor is a corporation,
this asreement should be executed by its President or Vice President,
and its Secretary or Treasurer, and the corporate seal impressed. If
either is a partnership, all partners should execute this asreement; and
if either is an individual or partnership. all sisnatures should be
witnessed. )
STATE OF
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COUNTY OF
Personally appeared before me, the undersisned. a Notary Public. in
and for said County and State, YCKK of
FI-\ , who acknowledsed that he did sign and seal the
forego ins instrument for, and on behalf of, said Cn,\!lli\l Tc jZ
being thereunto duly authorized to do so and that the seme is the free
act and deed as such officer and the free act and deed of
sald I...fl'-I,,\\,:> l "~Ii/\~I\.
IN TESTIMONY WHEREOF. I have hereunto set me hand and official seal
this Till day of I \IV'I\- , 19~.
f.)(~,I( .. ,\ ~.':~'\C~\\
Noury p~l.(e
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3.
PURCHASE ORDER NO. 5158-0002
Schuller Manville 4-ply asphalt fiberglass built-up roof system (Spec.
4GIG) with gravel surface, Complete with Oynaflex base flashings.
(Type IV Felt),
.060 EPDH fully adhered perimeter wall flashings.
1/2" walkway pads set In steep asphalt around all units.
41 lead roof drain flanges.
.032 mill finished aluminum counter flashings.
.032 mill finished aluminum roof top unit flashing,
24 ga, Colorklad gravel stop.
24 ga. Colorklad coping.
4 lbs. lead roof drain flanges and vent pip collars.
16 oz. copper pitch pockets filled with elastomerlc sealer.
Furnish and Install steel deck where existing roof curbs and/or
eqUipment Is removed.
Furnish and Install metal roofing and EPOM roofing and flashing tor new
entrances.
Expand-o-Flash roof expansion
Nailers for new copIng as required.
Schuller/Manville Ten (10) year NOl roof guarantee,
4.
5.
6.
7,
8.
9.
10,
11.
12.
13.
14,
15.
16.
17.
Contractor to moblll ze the week of April 24, 1995. Actua 1 roofl ng work to
commence May I, 1995 for completIon June 9, 1995.
TOTAL $
Ib) Employee parking areas and contractor stagIng/storage areas shall
be designated/regulated by Crown AmerIcan's fIeld superIntendent, Only
construction vehIcles and equipment actually engaged In performIng work will
be permitted beyond saId desIgnated areas.
lc) 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 a 11 debris created by your work and personnel. Fa 11 ure to comply
with the clean-up requests/Instruct Ions from Crown AmerIcan 1 s Construct Ion
Supervisllr wIll result In the clean-up beIng done by others and the
cost of same beIng backcharged to the contractor.
Id) 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 revl ew. Crown Amerl can wll1 not be he ld respons I b 1 e 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,
Accepted this -7- day Of~ 1995,
CROWN AMERICAN FINANCING PARTNERSHIP
BY: CROW~RICAN PROPERTIES, l.P,
. AGENT ():' L:'"
BY I
Tlmo y M, Trem I,
Senl r Pr. ject Manager
....
PURCHASE OROER NO, 5158-0002
loca 1 Perml ts
Catalog Cuts
Immediately
2
1
Send To
Crown American Proj,
Mgr.
Crown American Field
Superintendent
Submittal
Due Date No, of Copies
2, COST BREAKOOWN: For Invoicing purposes, you shall use the following
cost breakdown on A.I.A. form No. G703:
Item Cost Acc1t. Oescriptlon
Area
Amount
1
Roof Replacement
000
- --
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3. CONTRACTOR'S OBLIGATIONS:
3a) Security:
Security guard services will be furnished by Crown American;
however, security costs will be pro-rated' to the Individual
contractor based on monthly cost divided by the number of contractors
during the security period. 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 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 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 to cause any
delays or interference with the completion of the Project, If the
Contractor doe5 not complete the contract work upon not Ice as
aforesaid, or If the said work Is not performed with due speed, the
contractor agrees, upon seven (7) days' notice fron, the owner, to
supply such equipment, material s, overtlme 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
Accepted this ~ day Of~ 1995, CROWN AMERICAN FINANCING PARTNERSHIP
BY: CROWN AMERICAN PROPERTIES, L.P
AGENT ~
by BY
Timoth M, remel, P,E.
Senio Pro ct Manager
PURCHASE ORDER NO. 5158-0002
cont i nue to do so un i nterruptedly unt 11 comp Jete performance thereof,
Contractor shall work overtime, Saturdays and Sundays at the direction of
owner wi thout addt tl ona 1 cost to owner I f such overtime and Saturday and
Sunday work is necessary to cure delinquency In maintatning
established 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 coordtnate the contract worle. with all
other work as dl rected 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 dlrecttons 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 knowledge, or, In the exercise of ordtnary attention to
Its operations, should have knowledge, of the necessity for its work or
any part thereof to progress at any particular time so that ensuing
operat Ions by others will not be delayed or interfered wt th, 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 contractor's being required to cut
and patch and otherwl se 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 rights granted in this paragraph shall be in additton to all other
rights granted In this contract,
NOTE: If delivery/erection Is delayed for any reason, this
contractor must notify Crown American's Project Manager and
Construction Supervisor in writing of the duration of and the reason(s) for
same, as well as the appropriate action you w11l take to meet
schedules.
3c) Job Conferences:
Regular weekly job conference meetings will be conducted on site by
Crown American 1 s Project Manager and/or Construct t on Supervisor at Crown
American's job trailer, All meetings are tentatively scheduled for every
Wednesday at 1:00 throughout the duration of this project. You will be
requl red to be properly represented at each and every meet i ng. Crown
American's Construction Supervisor's name, address, and telephone number
are listed In the "Ship To" Information on page 1 of this Purchase Order.
3d) Field Measurements:
Accepted this -2- day of ~ 1995,
Timo
Seni
'..
Page 5 of 13
PURCHASE ORDER NO, 5158-0002
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
grade, levels, lines and dimensions as shown on the contract
documents. You shall be responsible to notify Crown American's
Offi ce and Construct 1 on Superv isor of any errors, provi di ng suffi clent
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 wi 11 be prov Ided wi th one (1) set of
blue line prints of drawings and one (1) photocopy of specifications,
addenda, and bulletins as per the drawing and specification lists
attached hereto. It is your responsibility at your sole cost and expense to
make any and all copies of the construction documents as required for
your use as well as that of your suppliers, subcontractors, etc. For
"as-built" drawings, Crown American will provide you with one (1)
reproducible sepia set of draWings to be returned to Crown American
with your as-built 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)/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 Manager one set of reproducible as-built drawings. No
retalnages withheld will be released until the as-built drawings have been
received.
6. JURISDICTIONAL DISPUTES (TRADES OR CRAFTS):
6a) 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 by the NatIonal Joint Board of
Settlement of Jurisdiction Disputes in the Building and Construction
Industry 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:
day Of~ 1995,
CROWN AMERICAN FINANCING PARTNERSHIP
BY: CROWN AMERICAN PROPERTIES,
AGENT ~
BY (l. ~
~
Timot
Sent
Page Ii 01 13
PURCHASE ORDER NO. &1&8-0002
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 decided by coordination and
negot I at I on between the part 105, A 11 attempts should be made to have all
disputes settled within seven (7) days written notice of dispute or claim.
However, contractor shall bp. responsible 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. PAYMENTS:
9a) Invoicing:
All applications for payments shall be prepared 'In triplicate on AlA
G-702 and G-703 forms and shall be presented to Crown Amerlcanl s
Construct I on Supervisor and Project Manager on sl te for veri flcatlon and
signature prior to submittal. Submit monthly applications for payment In
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: Accounting
Department. (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 appllr.s. No one Invoice shall
reference two separate Purchase Orders and retalnage 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 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 4& 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:
Accepted thl ~ day Of~ 199&,
CROWN AMERICAN FINANCING PARTNERSHIP
BY: CROWN AMERICAN PROPERTIES,
AGENT rtt::
BY
b
Tlmo
Senl
Page 7 of 13
PURCHASE ORDER NO, 5158-0002
1)
2)
All work has been completed and approved by Crown American
and the Archltect(s) per plans and specifications.
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.
As-Built drawings have been received,
You have billed separately for the retalnage.
Equipment guarantees/warranties.
Final vendor list and statement of payments status of each
vendor.
Approval of final punch list,
n
6)
7)
You may Invoice for any retalnages withheld thirty (30) days after
sat Is factory comp let I on of your scope of work, Cert HI cates 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 Hortgage, 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
thereon, and all renewals, replacements, modifications, consolidations, or
extensions thereof, and as against said Mortgage, Deed of Trust, or
Security Deed, Contractor does waive the priority of any and all claims or
liens which Contractor may have otherwl se 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 Ly
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 anci In form satl sfactory 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),
Accepted
-Z- day of ~ 1995,
CROWN AMERICAN FINANCING PARTNERSHIP
BY: CROWN A~N PROPERTI ,l.P~
ENT rx L I
BY .~~
Timothy ,Tr me1, P.E,
Sen I or 't Manager
PURCHASE ORDER NO. 5158-0002
You shall upon receipt of any revised plans from Crown American,
Immediately review same wtth 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 Amertcan the monetary change to the contract
for Crown's approval. Said written notice shall contain a description In
sufflctent 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 ttemlzed.
Adjustments In the contract amount or contract time, If any,
resul t I ng from such changes sha 11 be set forth I n a Purchase Order
Change Order Issued by Crown American, If Crown Amertcan does not receive
said written notice wlthtn the ten days, 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, If any, determined by Crown will
be deemed to be full compensation to you for performance of the full
contract. You cannot tnvolce for any extras prior to receiving and
executing a Change Order for same from Crown American.
Construction Supervisors are not authorized to approve extras. They
must be approved by Nicholas J. Pasquerllla or the Project Manager, a
Facilities Planning In-house staff member. NO FIELD CHANGES SHALL BE
PERFORMEO, EXCEPT BY WRITTEN AUTHORIZATION FROM CROWN AMERICAN HOME OFFICE.
Any work required and authorized will carry a maximum total contractor 1 s
overhead and profit of 10%,
No reimbursement will be due the Contractor because of changes to
construct Ion requl red due to errors and/or omlss Ions or negl t gent acts of
the Contractor, the Contractor's agents, employees, or
subcontractors or materials suppliers.
ge) Liquidated Damages:
Your failure to deliver shop drawings, catalog cuts, material
samples, etc. as scheduled with the Project Manager or within twenty (20)
days If not specified In this Purchase Order will result In a late day
penalty of $100,OO/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 construction schedule shall result 1n a penalty of
seven hundred fifty dollars ($750,OO)/day liquidated damages for each day
that construction progress Is retarded as a dtrect result of your failure
to execute your work,
..,L- day of .oJ 1995,
CROWN AMERICAN FINANCING PARTNERSHIP
DY: CROWN AMERICAN PROPERTIES, L,P.
GENT O?i:;,
BY
PURCHASE OROER NO. 5158-0002
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
lOa) Contractor's insurance must meet Crown American's minimum
requi rements:
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) Hav~ the Owner's and Contractors Protective form.
(B) For blasting contractors; have blasting 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 certificates of insurance. NOTE:
The certificate of insurance should list the Crown entity 8S
shown of the signature line below.
IV. Workers' Compensation for all states in which contractor
shall be performing for Crown American and shall be
subscr1ber 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 not
later than ten (10) days from the date of this Purchase Order, It shall:
I. Certify all coverages required in Paragraph lOa above have
been met.
II. Provide that Crown American shall receive written notice at
least thirty (30) days in advance of any cancellation or
material alteration of the polIcy,
11, BONOS:
lla) Provide 10~ Performance and Payment bonds and one (1) year
maintenance guarantee with surety, Cost to be separate In paragraph 2.
Billing, for possible deduct by Crown American.
day OfJ., 1995,
PURCHASE ORDER NO. 5158-0002
12. GUARANTEES:
12a) You shall be responsible for a one (1) year minimum guarantee and
in some cases, a longer period as required by the specifications. No
retainages 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 Ameri can. 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 project name,
13. SAFETY:
13a) You are to appoint a job site "Safety Man", His name is to be
gi ven to Crown American '5 Construct ion Superv isor for record pri or to
start of contract worl... 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 matter and shall hold Crown
American harmless as provided for in Paragraph 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 pedestrian restriction
devices needed to avoid accident or injury, Any damages or injury caused by
your work will be your llabili ty. The Contractor sha 11 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
report within three (3) days to the Owner/Construction Agent any injury 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 job site, No controlled substances or alcohol will be
permitted on any Crown American job 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 I
substantial vtolation of thi s contract and will be valid grounds for the
immediate termination of this contract, should Crown American, in its sole
Accepted tht ~ day Of~ 1995,
CROWN AMERICAN FINANCING PARTNERSHIP
BY: CROWN A~AN PROPERTIES, L.P
AG~NT (f L
BY
Ttmothy . T
Senior 0
",
PURCHASE OROER NO. 5158-0002
discretion, so determine. Any fees, including legal fees, will be the
responsibility of the contractor,
15. INDEMNIFICATIoN:
15a) Contractor wll1 defend and wll1 I ndemn Ify Crown Ameri can, the
Archl tect, and the Owner, thel r 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, personal injury, 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 thi s purchase order, or in
connection with any part of Crown American's or the Owner's
property, real, personal, or otherwl se, 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 authorization and approval of the owner.
Provided however, Crown American Is expressly permitted to assign its
rights' under this Purchase Order as collateral for any financing
contemplated by Crown American.
17. OWNER1S/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 any obligation to do so, make good said
deficiencies In any such defaults, In such case an appropriate change
order shall be Issued deducting from the payments then or thereafter
due the contractor the cost of correcting such deficiencies, Including the
cost of the Owner's additional services made necessary by such default,
neglect or fallure. If the payments then or thereafter due the
contractor are not sufficient to cover such amount, the contractor
shall pay the difference to the Owner.
18. TERMINATION OF THE CONTRACT: TermInation by the
Owner/Construction Agent
J8a) If the contractor Is adjudged bankrupt, or If he makes a
general assignment for the benefit of his creditors, or If a receiver 15
appointed on account of his Insolvency, or If he persistently or
repeatedly refuses or fails, except In cases for which extension of time
Accepted th ...:2- day Of~ 1995,
,.,
PURCHASE ORDER NO. 5158-0002
Is provided. to supplY enough properlY skilled workmen or proper
materials. or If he falls to make prompt payment to subcontractors 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/Construction Agent upon
certification may without prejudice to any right to remedy, and after
giving the contractor and his surety, If any, three (3) days written
notice. terminate the employment of the contractor and take possession
of the site and of all materials, 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 CONTRACT/PURCHASE ORDER REPRESENTS THE ENTIRE AND INTEGRATED AGREEMENT
8ETWEEN 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:
1. 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.
51580002/FACPLAN7/0RDERS
GENERAL NOTES
1. 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, skylights, toilet rooms,
etc,
3. When required furnish and Install black Iron ceiling bracing. Hang
only from panel points of joists and truss top cord only not
bottom cords. Do not hang from roof deck,
Accepted thl ~ day Of)b~ 1995,
M, Tremel, P.E.
~ect Manager
C1Il'ITAL CITY '
PArcel 1 '
AI.I. 'lllAT CI::RT.\IN tract QI:' p"rc.1 at llU\d altuata In the TownahLp of LowoIr Allom.
C4JuIIL~ ut cUlIlblrlAnd. Ccl.....uw.lI1th at '.nn.ylvlDla. lilt. paz:tlcularly bcuncled and
described all tollow. to wltl
EXJlIII IT .1..
BeCINNINa at 0 ,>olnl: "" cha No.r.h..... R1I1bt-ot-W.y Una of 1I..,tuJ.I. Dz:iv. II: the
tCl:1It.III1" 01 23 ewt rlldlld CCMllctlllll the Natthenl lln. of Hntzclal. Driv. wlth the
WoIttLUl11 111111 ut C4pltal Hall Drlv., thanc. alooll the lIoJ:th.ns Ulht-ol-Way Un. at
U3rtldolc Drive. South ~J a.CJ:a.a 1~ 110ut.a'22 a.conCa Waat. . dl.tane. of 2~~V.l~
fcct to 0 polotl thllllClI 1l1una Il curv.. CUrYIIII to t1l8 dlbt bavUla . chord IlaIU:inl:.
NUI'dl 1I~ d....... Zll D11nuta. !l8 ..concla Waat. a dlatll1lc. of 111.111 f..e. a ndl... of
45."" and on a..c I....th ut 118.Z" file to . pllAt on the tuum allhe-Of-Way Un.
u, Zl_1I1'Wa1l Drival thence .IORI the U_.nN\ Driv. llpe-of-W.y llA.. North 311
de1;rec:\ ". .1nut... 18 lIaCOlub WOIlC. 0 dl.CAIICO of I,e,n fa.e to I paint an chi
l;uQLh"m Rl!lht-of-lMy Une ot new U.S. lIout. 1'1 thuca In . Koctheutll'ly
dll:octll:.n alo~ ..lei Rlllhe-ot-lIay the tollolillll CO!lnU IUld d1acancu. 1I0rth 1,5
dCll.rcCll III .loute. z:l. .ecOl\da &ut, a c11atanca or 2Z1.~1t f.lt to I P01ntl tIIencc
llalllll " curv.. curvlAa to the Iltt bulna & tbord baarlllll Korth. 42 dean.a III
aLllut... 411 allcanda E..e. . d18tlUlCI of 3911.16 f..c. a ndiu of 31178." f..t ADd Ill.
.re 1.aath of 3ll9.211 teet to I polAel thanl:a SOIIth 9 cMa....'llll .111I1t.. 44 .acoada
!mAt. a dletonca of 31l1."" r.et to & polnta thlnel .1ll111 a Curie. curvllll co the
lcft ho"lnv. . chord ""...LII&. M.nll :n dapo... .... .lAlI'" :n. .ecoada kac. .
IIlH.....ICIl uC :l~b.17 f..e. a nuL... of 371l11.U f.ac aad Illo II:C l-.ch ~ :lll1l.:l2 f..e
to a palAta tlwIc. South '" datlna ,I, allllltla 14 HCOada Eut. a d18tuce of ZJl.1iI
tnfll, 1:0 . pulntl tIIam.:a Illoaa . curv.. curvllll to t1II lltt lIaV1IIa . cbcmt burillC.
March 3Z deanea 55 .lnute. 89 .ecoada !ut, a dlatatice of 213.211 faat. a ndlWl of
'372.R.1ll1l fuet anll .n Arc lanath ot 213.311 f..e to . pllnea thence SCl\Ic1l 59 dttsT...
\!1 .lllut"" :za \lIICClnda Eiat. A d18tlU1CI of 18." f.et to . palAt:! tI&ac. lorth 31
dotl&r_ .5 linut... 310 .aconU laae. Ii d1a~ of 39'.21 f.lt tI' A palllel thence
.1..... . cun.. CUJ:Vu.. to tba I'labc. bAvl... . abord "..d..... IIod:ll. :II ~.a !l9
alnuc~ 36 .ICO=- 11111:. . diltaIICI of :13.20 fnt. a ndild vf 'S'.71e f..e .ad an
an: "math of 23.17 f..e CD a polJltl th_ Ilorch SS ..aa '6 a1t&ut.. U .1CI:lIIIlI
""at. A diAunC. at H.eIl t.at to a PUlAtl tbaaca alllll8 a cuna. CIInina to the
dabt bav1uc . cbDrd bcorlnc. ftOrt:b 47 dean.. !l3 IID1lt.. 31 .1CD1Id8 lAt. a
dlfttoncn at 11111.79 f..t. . ..adlua of 371.7" f..t and AD arc l~th of 108.23 feet
W " ""IIlLI tbolnL.. lIo..th 211 dell'Ha III alllDe.. 23 'KIllIIW w..e. . cll8tuca of '311.111I
[m", 1:0 . pnlntl tllat&t:1I Alana. cun.. curvlnl Co the ....he UYlq . c:bard buJ:iq.
Mu..ell li1 .Jop".... 5ll .LnllCClll 117 OIlCGada &ue. " .ua_ of 11.:1... ...c. " so_ilia "t
"llIr..7/. fact .nd lID an: hmath of lS.3" h.t to A polntl th8Dca Ilorth II! c1aanu 1..
ellluCllS !l7 .cconda EtaHc. . d18tllllC. ot .'.5" f..t to . pollltl th_ &lllll8 & CUS1Ia.
,.'uL"VlulI Lu Lba late lIlIviq . chord buc1a,. 110m lilt cIIcnaa J.S a1nut.. 51 alCCllll1a
EautL. A dL8_ of AlI.2S tnt.. . ntI1d of 3111." ad III RC l-.th of liIII.27 f..e
1..O 0' pointl thllaca I..vl~ th. Saut1l8ns ltaht-of-lIay Un ot lle" U.S. be. 15 IIId
tollowlna the Westftn Rlabc-<lf-lIay Uu of Capital 11I11 Driv. tha follovlDc Clun..
ami dlat.nc:t:ll. .lome .. curva. eun.... to the ..llht laavllll . cl&eml buriJIa. SOIIth 6!1
dOIlA_ ..... .lnllL... 18 ...........ta laae. . dlacaac. ,,' "79.19 I_I:. . o:.I.i_ al! 4:17.33
'a"L Iltld \Ill ne laoatll of 'IlI.!l1; faal: to a polJlCI tbaactI South 31 daa.... ~I
.Lllut.... 37 ICcoodll IaIIt. a d18l:_ of 1111.17 f..t to a poUlta ..1._';11 lIo..th 58
dC;;tccs :&1 .mute. Z~ ..coada UAe. . dl.tlDca of 1t.1lII fa.t to . pol.nl:a thence 01\ .
cut"Vc. currlD8 to the \..ft h...t~ a chord baulna, South 42 dean.. 51 .lnutc:l :u
....:lIl1lls Enae. a dl.tl&IIC. at n".51 hac. a rediua of 1olo8.71. t..t am11C1 arc It:Z1&ch
ot' 175.0J feet tu a "ntlltl thlll1Ca SOIIth 54 dqxee.lI "" IIIAutwa 07 aacoa.d.a EUe. .
tJIKlfl"':" nf 111111."" faen: to a poinel th.llce 011 . curve, curv1ns to tha :dabc bovine
o <:lwrd bOllltlnll. Souch 1,1 d.~... :19 .to..e.... 4:1 occoad.:> E...t:. .. dlJotaa.ca of! 1ll9.75 ..
fuee. 0 tlldl..... of ~1I1o.96 tilt .nd III a'C'c I"",th of lm9.92 ta.c to a point I thence
SuUtll 4:1. darrca. 55 ..lnlltll. 111 ..cow E.-t. a dllltaoca of 76.35 fcet to a polnc;
tll!:lIr:c ~olltll 30 tJ.II....lI "7 1I1nue.a JII aacona. Eue, . dl.l:aIIce at JJ7.loti reec to .
IJU 11Iq tll~nc:c .I"oll . curve, curv1nc to the rlabt b..11lI a ch.ord be.tins. South 11I8