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HomeMy WebLinkAbout95-04607 -HQ5- /"/[.;0'-; /IIL0515B-0006 QQtURACT08'S WAIVER OE LIIiNS AGIlFEMW THIS AGREEMENT, made and concluded this c.. day of -T...-- , ,1995, between CROWN AMERICAN PROPERTIES, l,P, with an address of Johnstown, Pennsylvania ('Owner/Construction 'Agent'), and LD" :'O"loJ ~ ~k<.,- / \' ('Contractor'), Whoreas by a duly executed written purchase order (the .purchase Order'), a copy of which Is attached hereto as Exhibit 'N and the provisions of which are made a part hereof as If fully set forth herein, Owner/Construction Agont and Contractor have contracted for the erection, construction and completion of J.t, p...,,,,. (I\~I' u,'I' (the "Improvements") to be erected on real estate described in eXhibit "B" attached (the "Property"); and Whereas Crown American Properties, l.P. Is In fact the Owner of the Capital City Mall, although It Is misidentified lIS an "Agent' of another party In the Purchase Order; and Whereas by the terms of the Purchase Order; Contractor has covenanted, promised and agreed that no mechanics or materialmen's lion or claims would be fIIod or maintained against the Property or 'any part thereof olther by himself 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 oxtra work, In tho erection, construction or completion of the Improvements on the Property. '. NOW THIS AGREeMENT WITNE,SSETH: 1. The Contractor, for himself and anyone else acting or claiming through or under him, for and In consideration of tho Purchaso Order and the considerations mentioned therein, and In orders to permit the Owner/Construction Agent to procure the making of one or more loans on the Impiovoments and the Property and Intending to be legally bound hereby, does hereby waiver, release, relinquish and quitclaim In favor of the Owner/Construction Agent and each and every lender on the property and Improvemenls, all right to lien, claim or notice of Intention to file any lion or claim, and does heroby covenant, promise and agree that no lien or claim of any kind whatsoever shall be fIIod or maintained against the Improvements or tho estata or title of Owner/Construction Agent In tho Property by or In tho name of Contractor or any subcontractor, materialmen or laborers for work done or matorlals furnluhed under the Purchase Order or by any other party acting I , " . ... '\P WAIVER.DOC i-________ ,. 5158-0006 through or under them or any of them (or and about the Improvements or the . Property or any port thereof, or on credit thereof, and that all subcontractors, materllllmen, and laborers on tho work shall look to and hold Contractor personally liable for payment of all subcontractors, meterlals furnished and work and labor done, so that there shall not be any, legal or lawful claim of any kind whatever against Owner/Construction Agent for any work done or labor or matorlllls furnished pursuant to the Purchase Order for and about tho oroctlon, construction and completion of the Improvements, or under any contract or change order for extra work, or for work supplemental thereto or otherwise, Notwithstanding the slgnaturo block at the base of each page of the purchase Order, Contractor expressly recognizes that Crown American Properties, L.P" In Its own righi, Is the Owner of the mall and Is a direct party to the Purchaso Order and that Crown American Financing Partnership Is neither the Owner nor a perty to the Purchllse Order, 2, This Agreement waiving the right of lien shall be an independent covonant and shall operate and be effective as well with respect to work done 'and materials furnished under any supplemental contract or change order for extra work In the eroctlon, construction and completion of the Improvements as to any work and labor done and materials furnished pursuant to tho Purchase Order, and shall bind all successors and "assigns of the Contractor, The Contractor agrees that Is has not and, will not aS81gn Its claim for payment under the Purchase Order, 3, In the event Contractor consists of more than one person, firm or '. corporation, the undertakings hereunder of each of such persons, firms or corporations uhall be Joint and several, and the word .Contractor" shall mean all or some or any of them, For purposes of this Agreement, the ulngular shall be deemed to include the plural, and the neuter shall be deomed to Include the masculine and feminine, as the context may require, IN WITNESS WHEREOF, the Contractor has hereunto set (Its) (his) tholr hand and seal dated the day and year first above written, ATTEST: CONTRACTOR: Si\ ,,(!... " (C"{) ~ " /Yt/.;vj,hmJ, It ,J.. r/ . (If Ownor or Construction Agent or Contractor Is a corporation, this agreement should be executed by Its President or Vice Prosldent, and Ito Secretary or TI easurer, and the corporate seai Impressed, If either Is a partnerohlp, all partners shOUld exocute this agreement: and If either Is an Individual or portnershipl all signatures should be witnessed,) WAIVER,DOC . . . CROWN AMERICM lPasquerllla Plaza Johnstown, PA 15907 (814) 536-4441 CONTRACT PURCHASE ORDER NO. 5158-0006 PAGE __L-- of 12 DATE: 6/02/95 TO: Mr, Georqe Hommel Olstrlbutlon to: Worden & Shewell Accoun t1 ng - Insurance - 730 Rldqe Avenue Legal - Field - York. PA 17405 File Phone: 717/846-8858 Finance - HVAC System - J~C, Penney__ Capital CHy Ma 11 RE: SHIP TO: Ed Ivory Field Superintendent Capital City Mall 3506 Capital Mall Drive Camp Hill, PA 17011-7003 86 0621 0158 0000 J, C, Penney CORP PROJECT JOB AREA ..- DESC, HVAC System COST ACCT. 15020 $ In consideration of the lump sum of $ Including all fees, permits, taxes and Insurances you wf1l furnish all labor. materials, supervision, Inspections, tools, equipment., scaffold, hoistIng, safety, and layout as required for the complete performance of the follOWing scope(s) of work meeting all local, state, and federal regulations and to conform with the plans and specifications which are hereby Incorporated by reference as part of this contract: DISPOSITION OF P,O.: Failure to accept Purchase Order wIthin five (5) da~ Is reason to cancel order. 1. SCOPE OF WORK: All materials, equlpmp.nt and labor required for the furnl sh and Installation of complete HVAC system (RTU' s, curbs, framln9 by others) for the J,C, Penney store at CapHal City Mall In accordance with J,C. Pennay criteria and Barton Assoclates' plans and specifications as per the attached drawing list (fan In alternation room to be roof-mounted rather than In-line). Work to Include all Items for complete system Including ductwork, diffusers, VAV boxes, reheat, coils, baseboard heat, unit/cabinet heaters, roof fans/curbs/framing, duct Insulation and wrap, duct detectors/test switches/control wire, louvers, heads, clean-up, complete energy management system, certified balance. final filter change, and bond. Work to commence June 5, 1995 for completion by September I, 1995, TOTAL $ . , Accepted this ,L day of~. 1995, CROWN AMERICAN FINANCING PAR1NERSHIP BY: CROWN A ERICAN PROPERTIES, p, AGENT :''libw.. . , PURCHASE OROER NO, 515B-0006 1b) 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. 1c) 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 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 contractor, 1d) Submi tta 15: Subml t immedl ate ly, but not 1 ater than the submittal due date(s) shown below, eight (B) copies each of all shop drawings, catalog cuts, material samples, etc, as may be requIred by the plans and specification relativp. 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 sh (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, SubmHta 1 Due Oate No. of Copies Send To Loca 1 Permits ImmediatelY 2 4 Crown American Proj, Mgr. Barton & Associates VAV Boxes Baseboard Heat Cabinet/Unit Heaters Energy Management System Fans Smoke Detectors 2. COST BREAKDOWN: For Invoicing purposes, you shall use the following cost breakdown on A,I,A, form No. G703: Item Cost Acc't. Descriotlon Area Amount 1 15020 HVAC System and Energy Management System 000 ---------- ------------- $ 3, CONTRACTOR'S OBLIGATIONS: , Accepted, this ~ day Of~' by lk'/~ ' I (Contractor) 1995, ~.. , , ,Page PURCHASE OROER NO, 5158-0006 . . 3a) Security: , Security guard services will be furnished by Crown required, You shall receive, unload, and secure all materials 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, American as requi red for 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 I'll th due diligence so as not to cause any delays or interference with the completion of the Project, If the Contractor does not complete the contract work upon not I ce as aforesaid, or if the said work is not performed with due speed, the contractor agrees, upon seven (7) days' notice from the owner, to supply such equipment, materials, overtime work, workers and other devices and facilities as the owner shall direct so as to expedite the completion of the work, Such notice, once given, shall continue In effect unt11 the work specified therein has been fullY completed, even though the Contractor has acted under the not I ce but has fa 11 ed to cont I nue to do so unl nterruptedly 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 dell nquency In ma I nta I ni ng 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 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 ant iclpated I n any schedul e previ ously furnished in connection wi th the performance of the whole work or any part thereof. Where the Contractor has knowledge, or, in the exercise of ordinary 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 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 contractor's being required to cut and patch and otherwise repal r or restore the work of said ensuing operations by others In order to Install the, Accepted this ~ day of ~, 1995, -- ~' by . ,()Nv.f (C tractor) :~.. , , PURCHASE ORDER NO, 5l58-0006 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 addition 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 Constructi on Supervl sor In wrl t Ing of the durat I on of and the reason( s) for same, as well as the appropriate action you will take to meet schedules, 3c) Job Conferences: Regul ar weeklY job conference meet Ings 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 a,m, throughout the duration of this project, You will be required to be properly represented at each and everY meeting. 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: 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 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 (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 , Accepted this ~ day ~Itc~td'l of f!. 1995, .B by ~.. PURCHASE OROER NO, 515B-0006 " 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 paid by Crown American, 5. AS-BUILT DRAWINGS: . , 5a) 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, JURLSDICTIDNAL 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 dl sputes 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 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 responsible for the continuance of work, This paragraph take precedence over any specifications, B. PLANS AND SPECIFICATIONS: .- Ba) 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, Bb) 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: I , i i \ i I i ! Accepted this ~ day Of~' by ~" 1~Il.J / I~ractor) CROWN AMERICAN FINANCING PARTNERSHIP BY: CROWN AME ICAN PROPERTIES, AGENT BY 1995, ~.. , . . PURCHASE OROER NO, 5l5B-0006 " 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 Project Manager on site for verification 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 Oepartment, (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, Applications for payment must be reviewed by the contractor, Crown Amerl can' s Construction Supervl sor 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%) reta I nage will be wi thhe 1d pendl ng comp 1 et Ion 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: 1) 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 II 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. 7) Approval of final punch list. --II 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 1 nvolced by Contractor to such date, payment of such 1 nvol ce Is contingent upon submission of the waiver, and (2) Contractor must a1so1 AccePte~ this ~ day Of" 1995, by 0, 1I1wJ ~actor) ~" PURCIlASE ORDER NO, 5158-0006 submit a Final acceptance by Owner, Contractor, WaIver of LIens upon completion of all work, and as a condition to release of any retalnage due to 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 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 otherwise had for past, present, or future material s or services placed in or upon or performed upon sa Id property. The provi s ions of this paragraph shall be self-operatIve and no further instrument or document shall be necessary unless required by any lender under any such Mortgage, Deed of Trust, or Security Deed. Should any such lender desire confi rmat I on of such Subordl nat I on of LI en rights, Contl'actor upon wri tten 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 monetary change to the contract for Crown's approval. Said written notice shall contain a description In sufJ~clent 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, Adjustments In the contract amount or contract time, I f any, resu1 t i ng from such changes sha 11 be set forth I n a Purchase Order Change Order Issued by Crown .- American, If Crown American does not receive said written notice within the ten days, it will be deemed that you have agreed to . perform all revisions In work, and further that the contract amount as adjusted by monetary change, if any, determi ned by Crown will be deemed to be full compensation to you for performance of the full contract, You cannot invoice for any extras prior to receiving and executing a Change Order for same from Crown American, , Accepted this ~ day Of~' 1995, by ~V.,d({KA1~ I (Colltractor) CROWN AMERICAN FINANCING PARTNERSHIP BY: CROWN ERICAN PROPERTIES .P. AGENT ""'ell II" . . PURCHASE OROER NO. 5158-0006 , .. Construct I on Supervisors are not authorl zed 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 PERFORMED, EXCEPT BY WRITTEN AUTHORIZATION FROM CROWN AMERICAN HOME OFFICE, Any work requl red and authorl zed wll1 carry a max Imum tota 1 contractor's overhead and profit of 10%, No reimbursement wll1 be due the Contractor because of changes to construction required due to errors and/or omissions or negligent acts of the Contractor, the Contractor's agents, employees, or subcontractors or materials suppliers. gel Liquidated Damages: Your fallure 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 wlll 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, Fallure on your part to properly perform your scope of work pursuant to the construction schedule shall result in a penalty of seven hundred fifty dollars ($750.00)/day liquidated damages for each day that construction progress Is retarded as a direct result of your fallure to execute your work, 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 -.10a) Contractor's I nsurance must meet Crown Ameri can' s ml n Imum 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, II, Automobile LIability, with at least five hundred thousand ($500,000) combined single limit per occurrence, , Accepted this ~ day Of~' by qJtl:, ~)~ It Contractor) 1995, CROWN AMERICAN FINANCING PARTNERSHIP BY: CROWN A ERICAN PROPERTIES p, AGENT r\Iv Timothy M. remel, P,E, Senior Project Manager " ~" , . . . , .. PURCHASE ORDER NO, 5156-0006 Ill. 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 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. BONDS: 11a) Provide 100% Performance and Payment bonds and one (1) year mal ntenance guarantee wi th surety. Cost to be separa te I n paragraph 2, Billing, for possible deduct by Crown American, 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 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 project name. 13, SAFETY: 13a) You are to appoint 'a job site "Safety Manit, His name Is to be given to Crown American's Construction Supervisor for record prior to start 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 OSIlA Regulations, You will be responsible for any fines levied against you for noncompliance,and also, Accepted this ~ day of~, 1995, CROWN AMERICAN FINANCING PARTNERSHIP V BY: CROWN ^ RICAN PROPERTIES, L , 0..' AGENT by Lf-.~' II I"'J. I (Co~ctor) ~.. . . PURCHASE OROER NO, 5158-0006 ..' will be responslble for any lost constructlon ttme due to your own negllgence ln thls matter and shall hold Crown Amerlcan harmless as provlded for ln Paragraph 14 below, You are to provlde all needed safety ltems as requtred for your phase of work, Thls lncludes but ls not Itmlted to all safety barrlcades, dally clean-up of debrls and removal of same and provldlng other pedestrlan restrlctlon devlces needed to avoid accident or t njury, Any damages or 1 njury caused by your work will be your llablll ty, The Contractor sha 11 take all reasonable precaut 10ns wl th .~.respect to hls work; shall comply wlth all safety measures lnitlated by the OWner/Constructlon Agent and wlth all appllcable laws, ordlnances, rules, regulatlons, and orders of any publlc authorlty for the safety of persons or property ln accordance wlth the requlrements of the contract documents, The Contractor shall report wlthln three (3) days to the OWner/Constructlon Agent any injury to any of the Contractor's employees at the slte, 14, ALCOfIOL AND CONTROLLED SUBSTANCES: 14a) Acceptance of thls purchase order will hold you, the contractor, responslble for the acts/actlons of your crew members under your employ while at the job site, No controlled substances or alcohol will be permttted on any Crown Amerlcan job sites, Individuals found to possess and/or be under the 1 nfl uence of controlled substances or alcohol may be prosecuted by local authorltles and will be deemed to be a substantlal vlolatlon of thts contract and will be valtd grounds for the lmmedlate terminatlon of this contract. should Crown Amerlcan, ln Its sole dtscretlon, so determlne, Any fees, lncludlng legal fees, wl11 be the responslbl1lty of the contractor, 15, INDEMNIFICATION: 15a) Contractor will defend and wl11 1 ndemnHy Crown Amertcan, the Archltect, and the Owner, thelr agents, servants. and employees and save thl!Jl\.. harmless from and agalnst any and all clalms, actlons, damages, 11ablllty, and eKpense (lncludlng, but not 11mtted to attorney's fees and dlsbursements) ln connection wlth the loss of life, personal lnjury, loss by reason of accident. infrlngement of patents, or damage to property or buslness, arislng from, related to, or in connectlon wlth the Contractor's performance of work pursuant to thl s purchase order, or ln connectlon wlth any part of Crown Amerlcan's or the Owner's property, real, personal, or otherwise, occasloned wholly or in part by act or omisslon of Contractor, its subcontractors, agents, servants, or employees; or their respectlve agents, servants, or employees, 16, ASSIGNMENT: 16a) Thls purchase order shall not be assigned, nor any portlon of the work descrlbed herein be subcontracted to anyone other than the entity named hereon, without written authorlzatlon and approval of the owner" Accepted thls ~ day o~~, 1995, CROWN AMERICAN FINANCING PARTNERSHIP .p---- BY: CROWN ERICAN PROPERTIES, AGENT ~. .J by B .......... ' , . " . ..' ProvIded however, Crown AmerIcan Is rIghts' under this Purchase Order contempla~ed by CroWn AmerIcan, 17, OWNERIS/CONSTRUCTION AGENT'S RIGHT TO CARRY OUT THE WORK: PURCHASE ORDER NO, 515B.0006 , , , I I I J expressly permItted to assIgn Its as Collateral for any fInancIng 17.) If th, "","'" ',ri,lt, ,. " h ""'" " . "b"""., ".,,,,,, .f th, ,,,," h""f" f,", " '''f,.. "'" ""h,,, ,f 'h, . '''''''', th, a',,,, "', .ft" th". (3) ,." "It,,, """ to fl. '''''''''' '" .lth", '''''''''' to '" "h" _', h. "" h..., '" ,. It, ",. df '''''''' '" .lth", '" ,b If ''''" " " ", .." ''','' ..fd ,."",,,,.. '. '" ''''h "f"It" I, ''''h """ .""",,,. 'h"" """ 'h." b. '''''' "'''''''' r", th, ,.,.." , 'h" "'h".. ft" '" tho "",,,,,, th, "" 'f '''''of'"~ '''h """'"'''' ''''''''''' th, "" 'f, tho """, , 'ddlt ",,' """" .." '"....'" b, "'h 'or" It, """, "f.",,,. If th, ,."'"" th" " th,,,.ft,, '" th, """"" .....ot ""','," " "'" '''h '''''''. th, '",,,,,,, shall pay the dIfference to the Owner, lB. TERMINATION OF THE CONTRACT: ., TermInatIon by the OWner/ConstrUctIon Agent 18.) If th, """"" ""fj",., b..,,,Pl. " If h, "'''' '''''' , '''''''''' f" th, b'''flt 'f hi, '''''It,,,.,, If . ""'''' h '"'''''' " '"'''' ,f hi, ,..",,,"', " If h. ""'''''''' " ",..."" ...r"" " f."" """ ,. "'" f" .h"h ..""", ,f "" " """". ,,""', "",h """" ,"",' "'th., " """ """"" " 'f h, f."", ..,. ,,,,,, ,."'", " "b"",."", " f" """." " "b". " '''''''''''' df,,,,,,,,, "'" '''''''''''. "'''' "",,,,,.. "'''''', ,r ." "b'" "'h"", h."" """""'" " "h,,,,,. h """ 'f. ,,.,,,,,,., ", 'ot ,,, 'f th, ""h ,,,' 'f th, """" ",'...",, 'h" 'h, """/C,"""",' A"" "" ""'f',."".,,, "'h", '''''''''' " '" ",ht" """"'" .ft" ",',' th, """"" ,,' hh ",oty · If..". 'h,,, ( J) ,." '"'''' "" " , ""'" " th, "" I ''''',,' 'f 'h, """"" ." ,." """",' 'f 'h, ,'" ." ,f ." """"', """"" ." "'h'..", 'h".., ,.,., b, 'h. """"" ." h'... f""h 'h, .." b, .,,,,..,, moth", h. .., ,... ""df,,,, I. ''''h "", th, ,,,,,,,,,, 'h." '" b, """,' " '"'''' .., f"th" ,.,.." "" I th, Work Is fInIshed, TH,S CONTRACT/PU",HAS' 0'0'. "P"S'NTS I., '.IT', A.O T.I"'AT'O A"".'.T .'""'" T., PARTI'S ."'TO AHa sUP'.s,o,s P.,o. ."OTIATIClHS 0. AGR',"'.TS, EITHER WRITTEN OR ORAL, . 19, CONTRACT DOCUMENTS Th, f'''""" ",,,,,.,,,,.,, h'''b, ,,,"'''''',' " . "" 'f thh PurChase order: Accepted this ~ day Of~, 1995, by_ fL't{ / LAJ /(tont//ctor) CROWN AMERICAN FINANCING PARTNERSHIP BY: CROWN ERICAN PROPERTIES P, AGENT , othy , Tremel, P,E, SenIor Project Manager .~.. '. '. PURCHASE ORDER NO, 5158-0006 e~pressly permitted to assign Its as collateral for any financing Provided however, Crown American Is rights I under thl s Purchase Order contemplated by Crown American, 17, OWNERIS/CONSTRUCTION AGENT'S RIGHT TO CARRY OUT THE WORK: 17a) If the contractor defaults tn or Is guflty or a substanttal violation of the terms hereof or fafls 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 oblfgatlon to do so, make good said deflclencfes 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 correcttng such deficiencies, Including the cost of, the Owner1s additional services made necessary by such default, negl ect or fa fl ure, I f the payments then or there a fter due the contractor are not sufficient to cover such amount, the contractor shall pay the difference to the Owner, 18, TERMINATION OF THE CONTRACT: Termtnatlon by the Owner/Construction Agent 18a) I f the contractor I s adjudged bankrupt, or I f 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 falls, e~cept In cases for which e~tenslon of time Is provtded, 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 publtc authority haVing jurisdiction, or otherwise Is guflty 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 sur.ety, 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 e~pedtent, 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 IIERETO AND SUPERSEDES PRIOR NEGOTIATIONS OR AGREEMENTS, EITHER WRITTEN OR ORAL. 19, CONTRACT DOCUMENTS The follOWing attachments are hereby tncorporated as a part of thts purchase order: , Accepted this ~ day of r' by l1" , U,,,,(J A tITrjifC to r) 1995, CROWN AMERICAN FINANCING PARTNERSHIP BY: CROWN ERICAN PROPERTIES P. AGENT ~.. , . .. , . ,. .. .. .. EX1IIllrt . A . l'brCel 1 ' AI.I. TllAT CElIT,\tll tr..ce 01:' p"rca I at IlIIU1 slcaee Ln the TololDShi'l' of L"w.,,: "11.... !:UunLlI af cucoberlcnd. CCllJIIlOUwldth of l'euIlDY1vW.... mate plU:l:icu1adv b:lul1dcd ...;a descrLbed lIS fol1OIlll to, uLtl ' DcclllHtHO at a paiDe un chI Uo~che= nJ,cbc-of~"Y 11.';. of But:zda1e Ds:ive 8e the termLIlu." 01 13 Cuee J:l1dlua callDlIceLIII the Nord1eJ:l1 Une of llgc::d.ale Ddvll vLcb. the I/ll...LU'"R liou ut C4pLtaL t1aLl DdYlIl ch..uce dall\r ch. lkm:hu... Ili!:hc-Of-lfay Lls1a of ll:u:ez.dllLo Ddye. sooth" dasr." 1: IItnutI!S':U III!CCl1lls WeIll:. a d.U1:N\C1I of ;nl:t!l.15 feet to 0 1l0Lntl tlla1C1l alCl11: & c:w:Yll, curvlns to tha daht lulvil:la' a cham baarL%ll:. NUI,tll 8:! d.e~"S 211mLnutlls 511 secmda WUt. II dLseonco of 1I1.B9 feee. a n,dLu.s of '5.00 end lIJI at:(: 1.....t.l1 of 118.24 feat to a painl: Oil tha laIItem lU.;hI:-Of-ll&Y Une aC ZlIIlIa".,.,.1l Driyel thencc lIlolI; che Zu=a=an Drive alc!lc-of-llay U1I... Noetb 39 dc:;;= !l', JOinut"" 18 ,.c,:onda \lc:Ie. II dlA= of DD9,n fe"e 1:0 ... 1'0""'1: .... the lluuLlllonL lliKht-of-Way Hne of new U.S. l\l:luec 151 tMlLce In II No~lLStcdy dLrectLull 1110111: said Ill&be-Of-llaY the fol1oloil.Dl "",unllS azul. di:sc:ancu. lIoreb ~5 dca.rcc:l 111 minutt, 22. sll!:lll\dll !:ISe. a c11Scance at :z:Zl.31l feeC to a pamc: t"'"""'" ahnlIJ " CIII~.. carvw to the left havUlc a. cbor;d. budll& Ilortb. 42 de&= 09 .iuutu.. 411 IIl1CQlLl1s tut.. dt.a\:llllCC of 399.1111 feet. I radius of 3678.8" face and ... arc L~th of 399,111 teet to II pointl o::b...."'" South 5ll dq;,ee:s' 56 IlWI;CS 410 .~..'" Ent'lt. a clLlltanca of 31l1.II11 feet. to a pain!;1 thence alDll; a eunl.l. ClU:'I~ to the lee" hov~ CI chon! bclldJl~. Korch :\7 des<'- 1Il~ lIiDuc"" 31. a~ CIIlaC. .. ,11t.WU1C11 ar 25b.17 teeC. a eadLus of 37"8.00 feee and,In)I.t:C leJ1l:cb. of 2.5~.22 teet to a paint.1 tbaJlca saudi. !lit ~ 5" IIILnneea lit 1Ia:mub ~C. & d1atanee of ZlMllll tnf\', l:O a voblCI tllesu:l!I .loea a carve. curYlJls CD dlo lett lI&V~ · chard. l)oa:iJl;. ROLU 3:t d.e~ 55 lIinute:. 09 lIecands EasC, . dLaWce of :tIl3.:l9 feet. a radius of 17Z11.RI'l fL'Ct .nd 111\ arc lancth of 2.83.36 feee to a paine; tIl....".. South. 59 dc&'recs \:1 .Luut.... 2B Ill1CO'ldll East. . dl.st3Z1Ce af Ul.1l0 feee to a pol.xU:; tlIclLcO lIortl1 31 dltll~- 05 .intlt... 3" .acondl East. 1& d1acan= of 395.21 feat \:!:I a pol.l1l;l !:hence alan" .. ~.. cun'lnl: \:0 t:II.a ..illite, blSviDc . chac<i boarinc. lIot:tl>. 32. c\q;nI." 511 ..inuces 36 ncondI EDI:. . dLsta1\Cll of 13.211 het. a =dias of 3!S1l.1" feet aud m In: 1r:\lth of 23.27 fl.c co a poiJItl ~"a""-" 1Iot:Ch 55 clqt:ees 11I6 1IWwt~ 22. ,O"C"'"M" IIdln:. . diScanco ot 29.11" tot to a pol.l1tl tI:lmClI .1= B curYD. CUX'lin;; co tha dabe bavinl: . cbcrd bcne1nK. Korth "7 d.e1lnes 53 1II1m1teS 38 lleo:mda zaat. II dlfltDnC:lI ot 11111.79 fellt. a ndtus of 37B.7" fe:l: and 111 I\rC lcnzcb. of 1118.23 fecc I tu .. paluLI \:IulI1I.'1l !Ioech 2!l dacreee "II mim1te5 23 lleamds WasC. A cL1sC,lUll:A a! 311.1l: C_L I:a a p1inta tlID11l'll .1011I 14 cunll. cw:vlllC co the ril:hc l:a'YhLs a choai beaJ:W H....dt 61 .Jc~ 511 .inu..... il7 .....,.,..da ~c. II dUCllIlCC of 15.310 fooe. e ..adt.... at ! ',IIn.7'1 teee acd OA am lllll\:tb of 15.3" feet CD II palJ:tl the::ca North 63 de~ 14 I .il\u~= 51 a~ WI:. a dLsetmee of 85.54 feee to 1\ poU1l:1 .theuca alOl1ll: · =/~ CUI:'IlU\l \.1J I,hIs let!; IIOviJII: . clIot:d ~inr;. IIo:th till elect:=" ~ IIl1n1Ite.s 51 1!'!Cf'".... ~L. II dbt:aJlC1' of 411.15 feet. . ndLu:I of 386.44 c:d Ill1 a= 1~ of 49.27 feee U) II' poiJItl thllllCll ll1l1yilLl che Sou\:b.l!J:I1 ll1\:he-of-llaY liDe ae \I.C'" U.S. lloute 1.!5 ;nd to UOl/~ tha \eStr:rl1 lli;ht-of-llaY lUle of Capital lIall Ilrl.... t:ha fallovin& =2 _I dllltaJlCC5. al<>uc II C111:IIlI. eurvlns I:a the rlahe baYing" c:hcrd burin&. South E dOG".... ',I, .inut... 1JI ...,.,.".da Ed". . d.1J:"""'" oE 1,79.\\9 f...c. · =d1"'" of ~:l7 .33 C""L lIl1u "" .n; Itl11lch of !lBS.51; feet t:D a paLnel th.aIcc South. 31 dqs:MlI 38 lILulltd 31 ICCClc.da 1:lIt1t. a d1D= af Ul9.87 fa..e tIl .. ""iI1l:l ~h_...... 1I0rW 58 dCl:~ n a1nIIt"" ~ slICOtLda t:aIIt, II dl.5unce ot 11,00 f....t: tD a pol.zl.tl thence on curva, C:U~ln; ttI tho \lIft havlDl: a c:bor;d. beU~. SOlIdi. 4: dB~es 51 IIillllta:l 22. s~nt15 EMe. . dlstJUl.Cll of 114.51 feet:. a radLu, of ""B.71o feet lI%Ili an arc lC::U:" at 175,03 fece to . ""mel t/1IUlCC SCltIch 510 ~c:l 84 ,.lnoCl!<l 07 secands use. a tJl"Lllnr.o nf Ulll.llIo fea." ~ Ii pol\ll:l thnnce "" a euve, =:vllli: to the .:i;hC havi.<u .. c:lluC'd bllll"iDr:. 5""ch ',0 des;ne:o 29 D;,uoe"", 42. c~ &42C. G du"""''' ot :.o'3..~ fece. a rlldLWI of 511lo.96 feat. 0UlCl1U1 .."e lc:l1Cth 0: 1lI9.n ~e"C to a poine: chcno;= SUllch 4:t d..-crces 55 ..lnuce. 111 ~ t:>:I.. a dL"CAll:e "f 76.35 fece \:0 .. poine: ell<:Jlr.o; ~ouct\ )0 W1l:;CUS 47 III.nUC:U 3a ,econdS USe, a dlll== ot 337.41l tce: to ' VU11lr.\ tl\Imce alUl\1i: a cut"le. C'IIt'tUlf: eo t:h" rilObe \:lIvlno: .. cl:c%:ti bea".in;;. south \\! .. . , ti ~ 0: '~ <V - '7 'J un! -cJ r- =, >-.. Q.. :r - '''.- - ;a' -t ;r 0 0- a- III t; ~_"':' <..~;c '-'X ~ lr) (II m' L::""'U", 0 lI'l h. :Ct.'=" "J:I J r'.":,r.-' = . .-~..,)o- j . J"l ~ ,. .l~ ~ (.) = 'd t~~ I;; m , ,r.. '-' ::.1 :::> ~(.: -..