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HomeMy WebLinkAbout98-06539 ~I ~I \. 01 ~ \;, ~. .... ~ , , ~ , , I r , , I ! ' i " ! ~ it4 I . J '^ I.;! I ~ , . I - j tJ : 'CI I '1 ! ~ :~ I 1 ., I~ I ..... i ~ I~ ! i~ f d I~ I '- iE !-) , I I I f i I . r i .. i~ , , , . I ...... I I . '5 : ~; <:1' rt') '<) ~ . ~ . Johnson. Duffle. Stewart & Weidner By: David J. Lanza 1.0. No. 55782 \301 Market Street P.O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Plainhlf . J. MICHAEL BRILL & ASSOCIATES, INC.. Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 98 -I. ., J,CIVIL TERM CIVIL ACTION - LAW v. PILOT CORPORATION, Defendant NOTICE TO DEFEND To the Defendant: You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defense or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone: (717) 249-3166 , Johnson, Duffle, Stewart & Weidner i:ly: David J. Lanza I.D. No. 55782 301 Market Street P.O. Box 109 Lemoyne, Pennsylvania 17043.0109 (717) 761.4540 Attorneys for Plaintill J. MICHAEL BRILL & ASSOCIATES, INC.. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 98 .(..5'J9CIVIL TERM CIVIL ACTION - LAW Plaintiff v. PILOT CORPORATION, Defendant COMPLAINT 1. The Plaintiff, J. Michael Brill & Associates, Inc., is a Pennsylvania corporation with a principal place of business at Suite 112, 5010 Ritter Road, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. The Defendant, Pilot Corporation, is a business entity of undetermined nature with an address at 5508 Lonas Drive, Knoxville, Tennessee 37909. COUNT I Breach of Contract Middlesex Travel Center 3. Plaintiff incorporates the averments of paragraphs 1 and 2 as if fully set forth herein. 4. On or about October 28, 1994 Plaintiff and Defendant entered into an Agreement whereby Plaintiff agreed to provide and Defendant agreed to pay for engineering services and general consulting in conjunction with Defendant's Pilot Travel Center truck stop in Cumberland County, Pennsylvania. A true and correct copy of the aforesaid Agreement is attached hereto as Exhibit "A". 5. At various dates from December 7, 1994 through March 21, 1996 Plaintiff and Defendant entered into various Supplemental Authorization Agreements whereby Plaintiff agreed to provide and Defendant agreed to pay for additional engineering services and consulting in conjunction with Defendant's 6. Plaintiff has fully performed all of its obligations under the aforesaid agreements. Pilpt Travel Center truck stop in Cumberland County, Pennsylvania. True and correct copies of these 'Supplemental Authorization Agreements are attached hereto as Exhibits "Boo, "C", "D", "E" and "F". 7. Plaintiff has invoiced Defendants (less credits) in the amount of $70.649.83 for the aforesaid services. True and correct copies of the aforesaid invoices are attached hereto as Exhibit "G". ) 8. Defendants have paid only $65,781.93 and have failed to pay the remaining balance of $4,867.90 or any part thereof. 9. Pursuant to the aforesaid agreements, Defendant is required to reimburse Plaintiff for all collection expenses, including attorney fees in the amount of twenty (20%) of the balance due. . ,'. " Unpaid principal Interest at 18% per annum from 5/28/96 thru 11/30/98 20% attorneys fees $ 4,867.90 2,531.89 1.479.96 10. Plaintiff is entitled to judgment in the amount of $8,879.75, calculated as follows: Total: $ 8,879.75 ') .\ ." 11. Plaintiff has demanded the aforesaid sums from Defendant but Defendant has refused and neglected and continues to refuse and neglect to pay the same or any part thereof. .~ WHEREFORE, Plaintiff demands judgment against Defendant in the amount of $8,879.75, together with costs and interest from November 30,1998. COUNT II Breach of Contract Bentleyville Travel Center 11. Plaintiff incorporates the averments of paragraphs 1 through 11 as if fully set forth herein. 12. On or about April 4, 1995 Plaintiff and Defendant entered into an Agreement whereby Plaintiff agreed to provide and Defendant agreed to pay for engineering services and general consulting in conjunction .. with Defendant's Pilot Travel Center in Bentleyville, Pennsylvania. A true and correct copy of the aforesaid Agreement is attached hereto as Exhibit "H". '~/ ,:< !\ , 13. On various dates from June 7,199510 September 26,1995 Plaintiff and Defendant entered into various Supplemental Agreements whereby Plaintiff agreed to provide and Defendant agreed to pay for additional engineering services and general consulting in conjunction with Defendant's Bentleyville Travel Center. True and correct copies of the aforesaid Supplemental Authorizations and Agreements are attached hereto as Exhibit "I", "J" and "K". 14. Plaintiff has fully performed all of its obli9ations under the aforesaid agreements. 15. Plaintiff has invoiced Defendants in the amount of $64,110.20 for the aforesaid services. True and correct copies of the aforesaid invoices are attached hereto as Exhibit "L". 16. Defendants have paid only $57,641.07 and have failed to pay the remaining balance of $6,469.13 or any part thereof. 17. Plaintiff is entitled to judgment in the amount of $6,469.13, calculated as follows: Unpaid principal Interest at 18% per annum from 3/31/96 thru 11/30/98 20% Attorney fees $ 6,469.12 3,622.36 2018.30 Total: $12,109.78 18. Plaintiff has demanded the aforesaid sums from Defendant but Defendant has refused and neglected and continues to refuse and neglect to pay the same or any part thereof. WHEREFORE, Plaintiff demands judgment against Defendant in the amount of $12,109.79 together with costs, attomey fees and interest from November 30, 1998. COUNT /1/ In Quantum Meruit 19. Plaintiff incorporates the averments of paragraphs 1 through 18 as if fully set forth herein. 20. Plaintiff fully performed engineering services and general consulting services for Defendant pursuant to Defendant's requests. 21. Plaintiff conferred a material benefit upon Defendant upon the promise of Defendant to pay the reasonable value of Plaintiffs services. 22. Defendant authorized all work performed by Plaintiff. 23. Plaintiff expected remuneration from Defendant at the time of the performance. 24. Defendant was aware that Plaintiff expected payment for Plaintiffs services. 25. Despite demand by Plaintiff for payment for Plaintiffs services. payment has not been received. 26. Defendant's failure to make payment resulted in Defendants' unjust enrichment. 27. The value of the aforesaid services (less payments made) equals $11,337.02 (plus costs and interest and attorney fees) as set forth on Plaintifrs invoices. WHEREFORE. Plaintiff demands judgment against Defendant in an amount in excess of $20,000.00 COUNT IV 27. Plaintiff incorporates the averments of paragraphs 1 through 27 as if fully set forth herein. 28. Defendant owes Plaintiff the amount of for services performed (including interest and costs) in accordance with a book account, a true and correct copy of which is attached hereto as Exhibits "A" through "l." 29. Plaintiff has demanded the total amount due. 30. Defendant has refused and neglected and still refuses and neglects to pay the same or any part thereof. WHEREFORE, Plaintiff demands judgment against Defendant in an amount in excess of $20,000.00 Respectfully submitted, JOHNSON, DUFFIE, STEWART & WEIDNER BY: ~ I F---l/~ David J. Lanza :116248 .' .' . K . l. . 11" J , -J - Exhibit A ...... .. (~) " J, MICHAEL BRILL '" ASSOCIATES, INC, CONSULTING ENGINEERS J M B ! -. SUITE 112,5010 RITTER ROAD MECHANICSBURG, PA 17055 (717) 691.0200 FAX" (717) 691.7654 ,1C' . 199tl October 6, 1994 E~.(\.___ Anthony C. Paternostro, AlA PILOT Corporation Construction Department 5508 Lonas Drive Knoxville, TN 37909 m)];@lEIIWtEl]) ceT 2 8 1f'9~ J. Michael Brill & Associates Consulting Engineers RE: Proposed "Pilot Travel Center" situated along U.S. Route 11 and located in Middlesex Township, Cumberland County, PA REVISED AGRE~MENT FOR PROFESSIONAL SERVICES JMB Project #643 Dear Tony: JMB#C9'i~ m o PROPOSAL AGREEMENT ~ CONSULTANT COPYTO As per a telephone conversation yesterday with both you and John Knight with regards to the above referenced project, I am pleased to submit this Revised Agreement for Professional Services. J. Michael Brill & Associates, Inc. IJMB) and I personal1v am verv excited and pleased to provide professional services for this project. With the above stated, JMB would propose the fol1owing revised scope of services. 1. Provide General Consulting services for the project. This work may include, but not be limited to reviewing existing plans, reports and other information; contacting and obtaining information from municipality, county and other government officials regarding the project: coordinating with and obtaining information from client, client representatives, outside developers, outside engineers, outside consultants, architects and others regarding the project; and perform other background and general consulting .work for the project as requested by the client. 2. If required, prepare a Site Concept Plan by refining the one (1) previously prepared by your office. This plan will indicate all existing physical features which will remain along with al1 proposed locations of buildings, parking/driveway layouts, curbs, sidewalks, outdoor spaces and elements and will incorporate additional information provided by you, Township Planning Commission officials and others. The work wiil include verification of Zoning Ordinance compliance. 3. Coordinate and obtain existing topographic/planimetric survey information from Penn DOT District 8-0. Once obtained, the information will be digitized and brought up to JMB CADD standards. 4. Prepare a base sheet which will incorporate all survey information previously performed and that found in Item 3 above. This plan will compile all survey information and have it done to CADD standards of JMB. The base sheet and will be utilized in Preliminary and Final design. MEMBER CONSULTING ENGINEERS COUNCIL OF PENNSYLVANIA J, MICHAEL BRill & ASSOCIATES,INC, Anthony C. Paternostro, AlA October 6, 1994 JMB Project #643 REVISED AGREEMENT FOR PROFESSIONAL SERVICES Client's Initials Engineer's Initials hr ,.i '~ Page 2 5. Prepare and submit both Preliminarv and Final Site Development and Construction Plans inCluding the required Land Development Plans for municipal review and ultimate construction based upon the Site Concept Plan found to be acceptable in Item 2 above. This work will be done in CADD format. This work w;lI include a cullfill study prior 10 finalizing the Final Grading Plan. This work will include the following: A. Prepare Grading & Utilities plan which will include mounding areas at appropriate locations on the site. B. Prepare a one (1 ) sheet separate landscaping and site lighting plan which will indicate plant locations, a plant schedule and also necessary notes and details related to same. 6. Prepare all applicable Preliminary and Final design calculations and reports necessary for site plan review (i.e. -stormwater management report, storm sewer design calculations, erosion and sedimentation control narrative, etc.). 7. Prepare and submit all applications and make submittals necessarv for Preliminary and Final plan review and ultimate site construction (i.e. . Municipal submissions, County Conservation District submissions, DER sanitary sewer modules, etc. I. 8. Prepare plans, associated documents and perform other required work for the relocation of eXisting pipelines running through the property. Work will include coordination with pipeline officials for said approval. 9. Prepare and submit all plans, reports, applications and other items required for the review of a Highway Occupancv Permit application by Penn DOT. 10. Prepare and submit all plans, applications and other items required for the review of a Traffic Signal Permit application. The plans will be prepared based on client's traffic engineer's design as submitted to JMB. 11. Attend all required meetings with client, client representatives, municipal officials, municipal authority officials, state officials, contractors, attorneys, etc. 12. Revise plans and reports to meet the ini';al comments by the municipal officials and other reviewing agencies involved in the project. 13. Provide coordination with utility companies and provide service layouts as per utility company requirements {i,e. - water, sewer, gas, electric, communications, etc.}. 14. Revise plans and report to meet all comments by the government officials and other review agencies involved in the project. '. J, MICHAEL BRILL & ASSOCIATES. INC, Anthony C. Paternostro, AlA October 6, 1994 JMB Project #643 REVISED AGREEMENT FOR PROFESSIONAL SERVICES Client's Initials Engineer's Initials Page 3 1 5. Assist client in the bidding process by acting as a central location for site contractors to obtain plans and client prepared specitications. 16. Provide administration of the contract documents and act as owners/developers representative throughout construction, 17. Have performed a tield view for the presence of wetlands on the site. If a determination by field view is made that wetlands exist, a wetlands delineation and report would be done. This work would include not only delineating but also staking (flagging) the boundarv of wetlands and location of the flags bv field survey so that a plan can be prepared. If wetlands do not exist, a letter confirming this determination will be done and delineation and associated work would not be required. I am hopeful that this is the casel If wetlands do exist and are present in the areas of the lands to be developed, a wetlands mitigation program to enable construction to take place on the site must be performed, This process will consist of a Joint Permit application to the Corps of Engineers and the Pennsylvania Department of Environmental Resources. A separate cost will be established at a later date for this work. Please Note: You have requested that pavement design must be performed for the site. Although J. Michael Brill & Associates, Inc. does not provide this service in-house, we will coordinate with an outside geotechnical consultant (perhaps the one which will do borings for the site), We would request that the client contract directlv with such Consultant. Thus, this Agreement will not contain costs for such design services. Because the work for this project is generally well defined, J. Michael Brill & Associates, Inc. agrees to provide these services as follows: I. PHASE 150 - GENERAL CONSULTING This work may include that found in Scupe-of-Work (Item # 11 which could include the fOllowing: A. Reviewing existing plans, reports & other information. B. Coordinating with and obtaining information from government agencies. C. Coordinating with and obtaining information from client, client's representatives, contractors, architects, attorneys, rest estate agents and others. COST OF PHASE, , . . . . . . , . . . . . . . . . . . , . . . , . , . . . , . . . . . . . . .. $3,750.00' 'Based on fifty (50) hours for this task. If additional hours and/or monies are required, and hours and/or monies remain in Phase 250 - Meetings, JMB would exchange hours and/or monies from one phase of work to another. J, MICHAEL BRILL & ASSOCIATES. INe, Anthony C. Paternostro, AlA October 6, 1994 JMB Project #643 REVISED AGREEMENT FOR PROFESSIONAL SERVICES Client's Initials Engineer's Initials . -'} J7:_~ Page 4 II. PHASE 300 ' SURVEY PHASE A. Perform all work as stated in the scope-ol-work Items 3 & 4 lound on Page 1 01 this Agreement /1J~':". .~",,"'. i--: ;:'J.~.~,~ III. P'" COST OF PHASE. . . . ... . .. . .. . . . . '" . " . " . . . . . . . . . .. . . . .,j"l.QIllr.60, /.&.--/ 4 2'~.c'.'~' vl'd PHASE 200 ' SKETCH PLANNING III Requiredl I:{/ Prepare Site Concept Plan as outlined in scope-ol-work Item #2 found on Page 1 of this Agreement. COST OF PHASE. . .. . .. . '" " . . ... . . . ... " . . . . . . . . ... . . . . $1,800.00' IV. PHASE 400 . PRELIMINARY PLANNING A. Site Develooment Plans Design and drafting of lollowing plans. 1. Cover Sheet 2. Existing Topographic/Boundary Plan 3. Preliminary Land Development Plan (Site Plan) 4. Preliminary Land Development Plan (Grading/Utilities Plan) 5. Soil Erosion ana Sedimentation Control Plan 6. Pre-Development Drainage Area Plan 7. Post-Development Drainage Area Plan 8. Miscellaneous Profiles 9. Miscellaneous details and other information NOTES: a. Site Plans will be based on the Final Site Concept Plan. b. Some plans may be combined or contained in reports. c. All plans will be done in CADD format. B. Reoorts 1. Preliminary Storm water Management Report and Calculations. 2. Preliminary Soil Erosion and Sedimentation Control Report. C. Miscellaneous Enoineerino Work 1. Preparation of Sanitary Sewer System applications and all pertinent information for same. J, MICHAEL BRILL Ir ASSOCIATES,INC, Anthony C. Paternostro, AlA October 6, 1994 JMB Project 11643 REVISED AGREEMENT FOR PROFESSIONAL SERVICES Client's Initials Engineer's Initials ~ Page 5 2. Prepare NPDES Permit Application for storm water discharge. 3. Submissions to municipality. D. Suooort Work 1 . Secretarial 2. Computer Time 3. Project management and supervision TOTAL COST OF PHASE .................................. $19,800.00 V. PHASE 500 - FINAL PLANNING A. Final Site Develooment Plans: Includes design and drafting of the following: 1 . Cover Sheet 2. Topographic/Boundary Survev Plan 3. Final land Development Plan (Site Plan) 4. Final Land Development Plan (Grading and Utilities Plan) 5. Soil Erosion and Sedimentation Control Plan 6. Landscape/Site Lighting Plan 7. Predevelopment Drainage Area Plan 8. Postdevelopment Drainage Area Plan 9. Miscellaneous Profiles and Details 10. Construction Details and Miscellaneous Information NOTES: a. b. Some of the above plans may be combined. Plans 7 & 8 as indicated above may be included in the Storm water Management Report found below. Site lighting locations & wiring will be determined by client and given to JMB for inclusion on Plan #6. c. B. Reouired Reoorts and Calculations: 1. Stormsewer management report 2. Storms ewer system design calculations 3. Soil erosion and sedimentation control report NOTE: The above may be combined into one report. J, MICHAEL BRILL & ASSOCIATES. INC, Anthony C. Paternostro, AlA October 6, 1994 JMB Project 11643 REVISED AGREEMENT FOR PROFESSIONAL SERVICES Client's Initials Engineer's Initials , ,_Ar~ '\ Page 7 Letort Regi,onal Authority Contractor Site Visits D.E.R. Officials PennDOT Officials Municipal Authority Engineer Utility Company Representatives Pipeline Officials Outside Consultants MiscellaneousfTravel 4.0 hours 5.0 hours 5.0 hours 3.0 hours 8.0 hours 2.0 hours 4.0 hours 3.0 hours 5.0 hours 10.0 hours 85.0 hours VII. PHASE 600 CONSTRUCTION PLANNING 1. Assist Client in development of bidders list for site contractors. 2. Act as central location for contractors '0 obtain plans and client prepared specifications. 3. Coordination with Client and Sile Contractors. 4, Answer any Questions by Site Contractors who are bidding on project. 5. Secretarial work. TOTAL COST OF PHASE ...:............................... $1,000.00 VIII. PHASE 710. CONSTRUCTION INSPECTIONS/FIELD CONFERENCES (HOURLY) . (If Required) As per client's request, we would perform the scope-of.work which would include, but not be limited to the following: 1. Conduct field inspections in order to verify field quantities and technical compliance with the construction contract and maintain adequate project records of the same. 2. Attend construction conferences with owners, contractors and others and issue meeting minutes pertaining to the site construction contract. COST OF PHASE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. Hourly" "This work will be based on the categories found under "Compensation for Additional Work" found on Page 11 of this Agreement. However, billable hourly rates will be based on those in effect at the time the work is performed which mayor may not be the same as indicated on Page 11. J, MICHAEL BRILL & ASSOCIATES. INC, Anthony C. Paternostro, AlA October 6, 1994 JMB Project #643 REVISED AGREEMENT FOR PROFESSIONAL SERVICES )f Client's Initials Engineer's Initials ~h Page 10 Susoenslon for Non-Pavment Payment to the ENGINEER is a material consideration of this agreement. Therefore, the ENGINEER has a right to suspend services for non-pavment. The ENGINEER shall not be liable, nor in any way be responsible for damages, delays or increased costs that may occur as a result of the ENGINEER'S suspension of services. The CLIENT shall hold harmless, indemnify and defend the ENGINEER for claims that arise due to any suspension. Benefit of Services The CLIENT agrees that it will include in its' agreement with any Contractor and/or Construction Manager the following clause: The CLIENT and the ENGINEER acknowledge that nothing in the CLIENT'S engagement implies any undertaking bv the ENGINEER for the benefit of, or which may be enforced bv the Contractor, or its Sub-Contractors, or the suretv of anv of them; it being understood that the ENGINEER'S obligations are to the CLIENT and that, in performing such obligations, the ENGINEER may increase the burdens and expense of the Contractor, or its' Sub-Contractors, or the surety of anv of ,hem. Additional Enaineerina Services If it is the CLIENT'S request to proceed into further stages of development, the ENGINEER agrees to) enter into separate agreements for additional engineering services. These agreements will be specifically prepared to represent the scope. of work at each subsequent phase of development. Revisions bv Client The final plans, reports and other design information prepared by ENGINEER will be based on the site concept plan accepted by the CLIENT. If design or revisions are made to plans at the request of CLIENT after work has started, during process, or after completion of the plan, the CLIENT and ENGINEER agree to consider said revisions as additional work to the Total Cost of Phases found in this Proposal. Thus, additional time will be invoiced at hourly ra'es ou,lined under COMPENSATION FOR ADDITIONAL WORK. Subconsultants If the project necessitates the use of subconsultants for services outside the proposed scope of work, subconsultant costs will be invoiced at 1.20 times the actual costs incurred. Prior to the execution of a contract with a sub consultant, the ENGINEER will provide you with an estimated cost of the subconsultant's work for your concurrence, and subsequent approval. J, MICHAEL BRILL" ASSOCIATES. INC" Anthony C. Paternostro, AlA October 6, 1994 JMB Project #643 REVISED AGREEMENT FOR PROFESSIONAL SERVICES Client's Inilials Engineor's Initials ;~I) ~ , Page 11 Comoensation for Additional Work Any plan revision required by the CLIENT or other CLIENT REPRESENT A TIVE shall be considered as additional work. Additionally, any future services requested which aro not within the proposed scope of work shall also be considered as extra work and shall constilUte a claim of compensation for additional work. The ENGINEER proposes to provide any additional service on a direct hourlv rate/personnel as follows: !1Qnll!.ill Overtime Principal Engineer Project Manager Traffic Engineer Geotechnical Engineer Environmental Engineer Project Engineer Project Landscape Architec's Landscape Architect Engineer CAOD Manager Engineering Technician CADD Operator Administration 2 Person Survey Crew 3 Person Survey Crew $90.00 75.00 70.00 70,00 70.00 65.00 65.00 55.00 55.00 52.50 47.50 40.00 35.00 97.50 120.00 $90.00 75.00 70.00 70.00 70.00 65.00 65.00 60.50 60.50 52.50 65.00 55.00 50.00 130.00 150.00 Invoicing will be based on acwal hours and rates oxpended. Construction Review If the CLIENT agrees to retain the ENGINEER to review construction, the ENGINEER agrees to assign to the reviewing function persons qualified to observe and rOport on construction of the ENGINEER'S recommendations, plans and specifications, and the quality of work performed by contractors, et al. The CLIENT recognizes that construction review is a technique employed to minimize the risk of problems arising during construction; that construction review by the ENGINEER is not insurance, and does not constitute a warrantY or guarantee of any tvpe except for the accuracy of the work produced by the ENGINEER. In all cases, contractors et al. Ithat is, tho general contractor, subcontractors, subsubcontractors, materials persons and othersl shall retain responsibility for the qualitY of their work and for adhering to plans and specifications, if requested by CLIENT, construction review will be done under a Supplemental Authorization and be invoiced under Phase 700 - Construction Administration and becomes part of this Agreement. Exhibit D . ,.,~,-, . . llIE@ffilIWLEIID JUN 2 3 1995 J, MICHAEL BRILL & ASSOCIATES. IHC, J. Michael Brill & Associates Consul ling Engineers Mav 15.1995 PROFESSIONAL SERVICES SUPPLEMENTAL AUTHORIZATION DATE: JMB PROJECT NAME Pilot Travel Center JMB PROJECT # 04 643 SUPPLEMENTAL AUTHORIZATION NUMBER In accordance with the written Agreement on the above referenced project, dated October 6. 1994 between the Panies designated below, J. Michael Brill and Associates, Inc., is hereby authorized to: Proceed with Additional Engineering Services XX Proceed with Additional Surveving Services Proceed with Revised Scope of Services JMB# I,P;' ~ CJ PROPOSAL t I AGREEMENT ~ CONSULTANT COpy TO ._,,-- XX Incur Reimbursable Expenses As Follows: Perform additional field toooaraohv and associa,ed office wark for obtainina existina features and contours for aooroximatelv 2.5 acres of land for the oroDosed driveway entrance onto the Sunday araoerties. Additionallv the office work will include reducina field notes. alonina ooints. interoolatina r:ontours and incorooratino them into the existino base sheet for Route 1 1 . Compensation shall be adjusted as follows: The above work will be done for a Luma Sum fee of $2.500.00 and will increase aur Phase 300 - Survev Phase to $6.700.00. Reimbursable costs lif anvl will be in addi,ion to that indicated in the orevious aoreement. Upon return of a fully executed authorization, this service shall become pan of the Agreement identified above. ' APPROVED BY: APPROVED BY: PILOT CORP6~ATIO(]N' /l ~. ~/ . L/ " j,.. .' a ~~f S,gn re J. MICHAEL BRILL & ASSOCIATES, INC. ,./ r /lA....J-( l'~,,,,,,,t.4 fnature J. Michael Brill. P.E"P.l.S. - President NamefTitle Name/Title {;---2.7-'1f 6' -11-1.1 Date Date Exhibit F ~ . I '. J , l:,L\j - a3.-\.QA.."~ f", \ ~ J. MICHAEL BRILL & ASSOCIATES, INC, ~ CONSULTING ENGINEERS . J M B SUITE 112,,5010 RmER ROAD MECHANICSBURG, PA 17055-4828 (717) 691.0200 FAX" (717) 691,,7654 SENT VIA FAX, ORIGINAL TO BE MAILED March 21, 1996 Anthony C. Paternostro, AlA PILOT Corporation Construction Department 5508 Lonas Drive Knoxville, TN 37909 RE: Proposed .Pilot Travel Center" situated along U.S. Route 11 and located in Middlesex Township, Cumberland County, PA SUPPLEMENT TO ORIGINAL AGREEMENT FOR PROFESSIONAL SERVICES JMB Project #643 Dear Tony: I am finally able to submit this Supplement to the original Agreement for Professional Services (dated October 6, 1994) with respect to the above referenced project. After obtaining information from Colleen Brown at Penn DOT's District 8-0 office, reviewing where we stand financially on the project and determining the anticipated work to complete the project, I have determined our remaining scope. of-work and associated costs. The scope is as follows: 1. ProvicJe additional General Consulting services for the project. This work may include, but not be limited to reviewing existing plans, reports and other information; contacting and obtaining information from municipality, county and other government officials regarding the project; coordinating with and obtaining information from client, client representatives, outside developers, outside engineers, outside consultants, and others regarding the project; and perform other background and general consulting work for the project as requested by the client. f , f1 , I ~ r I', I r: r r' (.;,. 2. Prepare and submit Final Site Development and Construction Plans including the required Final Land Development Plans for municipal review and ultimate construction based upon the Preliminary Plan previously submitted with minor revisions by Pilot. This work will be done in CADD format. This work will'include a cut/fill study prior to finalizing the Final Grading Plan. This work will include the following: A. Prepare Grading & Utilities plan which will include mounding areas at appropriate locations on the site. B. Prepare a one (1) sheet separate landscaping and site lighting plan which will indicate plant locations, a plant schedule and also necessary notes and details related to same. 3. Prepare all applicable Final design calculations and reports necessary for site plan review (i.e. -storm water management report, storm sewer design calculations, erosion and sedimentation control narrative, etc.). 4. Prepare and submit all applications and make submittals necessary for Final Plan review and ultimate site construction. MEMBER CONSULTING ENGINEERS COUNCIL OF PENNSYLVANIA . J. MICHAEL BRILL" ASSOCIATES. INC, Client's Initials Engineer's Initials Anthony C. Paternostro, AlA March 21, 1996 JMB Project #643 SUPPLEMENT TO ORIGINAL AGREEMENT FOR PROFESSIONAL SERVICES Page 2 6. Prepare plans, essociated documents and perform other required work for the relocation of existing pipelines running through the property. Work will include coordination with pipeline officials for said approval. 6. Prepare and submit all plans, reports, applications and other Items required for the review of a Highway Occupancy Permit (HOP) application by PennDOT. PennDOT will have their consultant design the roadway improvement plans for this portion of the Carlisle Pike. However, Colleen Brown at PennDOT has Indicated that JMB will do all required plans and reports for a HOP based on their consultant's proposed design. Coordinate and obtain applicable Information from PennDOT District 8-0. Once obtained, the Information will be digitized and brought up to JMB CAOD standards for use in preparing the HOP plans. 7. Attend all required meetings with client, client representatives, municipal officials, municipal authority officials, state officials, contractors, attorneys, etc. 8. Revise plans and reports to meet the initial comments by the municipal officials and other reviewing agencies involved in the project. 9. Provide coordination with utility companies and provide service layouts as per utility company requirements (I.e. . water, sewer, gas, electric, communications, etc.). 10. Assist client In the bidding process by acting as a central location for site contractors to obtain plans and client prepared specifications. 11. Provide administration of the contract documents and act as owners/developers representative throughout construction. Please Note: You have requested that pavement design must be performed for the site. Although J. Michael Brill & Associates, Inc. does not provide this service in-house, we will coordinate with an outside geotechnical consultant (perhaps the one which will do borings for the site). We would request that the client contract directly with such Consultant. Thus, this Agreement will not contain costs for such design services. Because the remaining work for this project is generally well defined, J. Michael Brill & Associates, Inc. is proposing the adjust costs found in the original Agreement. For your information, the adjustments are based on (1) employee costs increasing since the original Agreement is close to 1 Yo years old and (2) additional work which is to be performed. The new costs are as follows: I. PHASE 150 - GENERAL CONSULTING This work may include that found in Scope-of-Work (Item #1) which could include the following: - , , J, MICHAEL BRILL & ASSOCIATES, INC, Anthony C. Paternostro, AlA March 21,1996 JMB Project #643 SUPPLEMENT TO ORIGINAL AGREEMENT FOR PROFESSIONAL SERVICES Client's Initials Englnoer's Initials Page 4 D. Miscellaneous Enoinserina Work 1. Submissions to municipality 2. Submissions to County Conservation District 3. Preparation of DER sanitary sewer modules IIf required) 4. Prepare a NPDES permit application for storm water discharge. INCREASE COST AS FOUND IN SA #03 FROM ......... NOTE: Approximately $10,850 has been invoiced to date. $12,750.00 TO $15,000.00 ~ E. Suooort Work: 1. 2. Secretarial and administrative Project supervision and management. / INCREASE O,RIGINAL COST FROM ................... $7,500.00 TO $15.000.00 NOTE: Approximately $1,500 has been invoiced to date. Although, JMB's actual cost in this Phase is approximately $5,400 to date. III. PHASE 250 ' MEETINGS (including travel time) Possibly including but not limited to the following: A. Client/Client Representatives B. Municipal officials and municipal boards C. Architects, attorneys and other owner representatives D. Utility companies, contractors, etc. IV. PHASE 600 CONSTRUCTION'PLANNING 1. Assist Client in development of bidders list for site contractors. 2. Act as central location for contractors to obtain plans and client prepared specifications. 3. Coordination with Client and Site Contractors. 4. Answer any questions by Site Contractors who are bidding on project. 5. Secretarial work. ' , INCREASE COST FOUND IN ORIGINAL AGREEMENT FROM ... $1.000.00 TO $1.200.00 / J, MICHAEL BRILL 8. ASSOCIATES, INC. Anthony C. Paternostro, AlA March 21. 1996 JMB Project #643 SUPPLEMENT TO ORIGINAL AGREEMENT FOR PROFESSIONAL SERVICES Client's Initials Engineer's Initials Page 6 B. Wetland Delineation (if reQuired I If watlands are found and delineation Is required, the extent of wetlands will be staked and field located by survey. Cost .................................................... $3,000.00 (work not required) C. Prepare plans and other required supplemental information for the relocation of two (21 pipelines on the site as described in Item #5 found on Page 2. Increase Cost From ........,....................... $2,200.00 TO $2,500.00 D. Traffic Signal Plan Preparation and Submission as outlined In scope-of-work Item #10 found on Page 2 of the original Agreement. It is our understanding that this work will be done by PennDOT. . Cost .................................................... $3,600.00 (work not required) ADJUST TOTAL EST. COST OF PHASE FROM .... ($6.500 - $8.700.001 TO '$3,300.00 In addition to the above, PILOT Corporation ICLlENT) and J. Michael Brill & Associates, Inc. (ENGINEER) agree to the following supplemental terms and conditions: Reimbursable Exoenses Reimbursable expenses associated with the project will be invoiced to the CLIENT at the ENGINEER'S actual cost times a factor of 1.20. Reimbursable costs shall include, but not be limited to, the following: 1. Printing and reproduction costs. 2. Mileage and other transportation costs. 3. Express mail. 4. Communication costs. 5. Costs of obtaining plans, mapping, reports, deeds. etc. NOTE: All filing and submission fees will not be paid by J. Michael Brill & Associates, Inc, (It Is our policy that the client pays for these fees directly). An Estimated Budget Figure for thi oject is incre sed from an estimated $3,000.00 found In the original Agreement to an estlma II $7,5900.60 exc ding review fees. NOTE: Approximately $5,100.00 has been invoiced to date. '. (- /, J, MICHAEL BRILL 8. ASSOCIATES, INC, Anthony C. Paternostro, AlA March 21, 1996 JMB Project #643 SUPPLEMENT TO ORIGINAL AGREEMENT FOR PROFESSIONAL SERVICES Client's Initials Engineer's Initials Page 7 Involclna Invoices will be submitted monthly and based on a percent complete for certain Items, for actual work performed (hourly Items) and for reimbursable expenses. Payment is expected within 30 days upon receipt. Payments not received within 30 days will be subject ta an interest charge of 1-1/2% per month on the outstanding balance. Failure to Pav Invoices If all, some or a portion of invoices are not paid to ENGINEER and ENGINEER would file an action to collect amounts in default, CLIENT agrees to pay all of ENGINEER'S court costs and reasonable attorney's fee of twenty (20%) percent of the total amount due along with amount of invoices outstandIng. ENGINEER will continue to impose Interest and attorney's fees daily on all sums owed to ENGINEER at the rate provided In the Engineering Agreement for Professional Services until payment is received in full even if ENGINEER has obtained Judgment against CLIENT. Susoenslan for Non-Pavment Payment to the ENGINEER is a material consideration of this agreement. Therefore, the ENGINEER has a right to suspend services for non-payment. The ENGINEER shall not be liable, nor in any way be responsible for damages, delays or increased costs that may occur as a result of the ENGINEER'S suspension of services. The CLIENT shall hold harmless, indemnify and defend the ENGINEER for claims that arise due to any suspension. Benefit of Services The CLIENT agrees that it will include in its' agreement with any Contractor and/or Construction Manager the fOllOWing clause: ' The CLIENT and the ENGINEER aCknowledge that nothing In the CLIENT'S engagement implies any undertaking by the ENGINEER for the benefit of, or which may be enforced by the Contractor, or its Sub-Contractors, or the surety of any of them; It being understood that the ENGINEER'S obligations are to the CLIENT and that, in performing such obligations, the ENGINEER may increase the burdens and expense of the Contractor, or its' Sub-Contractors, or the surety of any of them. Additional Enoineerina Services If it is the CLIENT'S request to proceed into further stages of development, the ENGINEER agrees to enter into separate agreements for additional engineering services. These agreements will be speCifically prepared to represent the scope of work at each subsequent phase of development. , ' J, MICHAEL BRILL Br ASSOCIATES, INC, Client's Initials Engineer's Initials Anthony C. Paternostro, AlA March 21,1996 JMB Project #643 SUPPLEMENT TO ORIGINAL AGREEMENT FOR PROFESSIONAL SERVICES Page 9 Construction Review If the CLIENT agrees to retain the ENGINEER to review construction, the ENGINEER agrees to assign to the reviewing function persons Qualified to observe and report on construction of the ENGINEER'S recommendations, plans and specifications, and the Quality of work performed by contractors, et al. The CLIENT recognizes that construction review is a technique employed to minimize the risk of problems arising during construction; that construction review by the ENGINEER Is not Insurance, and does not constitute a warranty or guarantee of any type except for the accuracy of the work produced by the ENGINEER. In all cases, contractors et al. (that is, the general contractor, subcontractors, subsubcontractors, materials persons and others) shall retain responsibility for the Quality of their work and for adhering to plans and specifications. If requested by CLIENT, construction review will be done under a Supplemental Authorization and be Invoiced under Phase 700 - Construction Administration and becomes part of this Agreement. Ownershlo of Documents Plans, reports, specifications, and other documents prepared and/or obtained by ENGINEER as Instruments of service, are and shall remain the property of the ENGINEER, whether the project for which they are intended is executed or not. The CLIENT shall be permitted to retain copies, Including reproducible copies of plans and specifications for information and reference in connection with the CLIENT's use and occupancy. The plans, reports, specifications and other documents prepared and/or obtained by the ENGINEER shall not be used by the CLIENT on other projects, for additions to this project, or for completion 'of this project by others, except by agreement in writing with the appropriate compensation to the ENGINEER, provided the ENGINEER is not in default under this agreement. J. Michael Brill & Associates, Inc. appreciates your continued interest in our firm and the opportunity to submit this Agreement for Professioflal Services. We look forward to providing you with prompt and accurate engineering services to meet your project schedule. If you have any comments or Questions concerning this Supplement to Original Agreement, please contact me. Thank you. Sincerely, J. MICHAEL BRILL & ASSOCIATES, INC. 1M;Ch~C(L~ f/ ~~:sident cc: Agreement File See Page 10 for Signature Placement J, MICHAEL BRILL 8r ASSOCIATES,INC, Anthony C. Paternostro, AlA March 21,1996 JMB Project #643 SUPPLEMENT TO ORIGINAL AGREEMENT FOR PROFESSIONAL SERVICES Client's Initials Engineer's Initials Page 1 0 Accepted for J. MICHAEL BRILL & ASSOCIATES, INC.: J. Michael Brill, P.E., P.L.S. President Oate Accepted for PILOT Corporation: Name Title Signature Date Please return both copies (all pages) of this Supplement to Original Agreement with proper signatures and initialization. I will then sign and Initial the Supplement to Original Agreements and return one (1) copy for your records; Thank you. .. .''''.,.. ... .....",,,,,0 J. MICHAEL BRILL & ASSOCIATES, IHC, CONSULTING ENGINEERS J M B INVOICE SUITE 112. 5010 RITTER ROAD MECHANICSBURG, PA 17055.4828 (717) 691.0200 FAX (717) 691.7654 PILOT CORPORATION ATTN:ANTHONY C PATERNOSTRO AlA CONSTRUCTION DEPARTMENT 341 INVOICE NO: DATE: PAGE: 960305 03/31/96 1 KNOXVILLE TN 37909 BILLING PERIOD 03/01/96 THRU 03/31/96 JOB NUMBER: 643 DESCRIPTION, PILOT TRAVEL CENTER-CARLISLE GENERAL CONSULTING CONTRACT AMOUNT PERCENT EARNED TO DATE AMOUNT EARNED TO DATE AMOUNT PREVIOUSLY BILLED AMOUNT OF CURRENT BILLING 5,000.00 78.00 3,900.00 3,750.00 150.00 TOTAL GENERAL CONSULTING 150.00 MEETINGS CONTRACT AMOUNT PERCENT EARNED TO DATE AMOUNT EARNED TO DATE AMOUNT PREVIOUSLY BILLED AMOUNT OF CURRENT BILLING 15,000.00 72.00 10,800.00 10,837.50 37.50- TOTAL MEETINGS 37.50- FINAL PLANNING CONTRACT AMOUNT PERCENT EARNED TO DATE AMOUNT EARNED TO DATE AMOUNT PREVIOUSLY BILLED AMOUNT OF CURRENT BILLING 15,000.00 20.00 3,000.00 1,500.00 1,500,,00 TOTAL FINAL PLANNING 1,500.00 SUPPLEMENTAL AUTHORIZATIONS - L CONTRACT AMOUNT PERCENT EARNED TO DATE AMO~~T EARNED TO DATE AMOUNT ~R8VroUSLY BILL80 AMOUNT OF CURRENT BILLING 3,300.00 25.00 825,,00 845,,00 20.00- SUPPLEMENTAL AUTHORIZATIONS - LUMP SUM ..l 20.00- J, MICHAEL BRILL & ASSOCIATES, IHC, CONSULTING ENGINEERS J M B INVOICE SUITE 112, 5010 RITTER ROAD MECHANICS BURG, PA 17055.4828 (717) 691.0200 FAX (717) 691.7654 PILOT CORPORATION ATTN:ANTHONY C PATERNOSTRO ALA CONSTRUCTION DEPARTMENT 341 INVOICE NO: DATE: PAGE: 960106 01/31/96 1 KNOXVILLE TN 37909 BILLING PERIOD 11/01/95 THRU 01/31/96 JOB NUMBER: 643 DESCRIPTION: PILOT TRAVEL CENTER-CARLISLE GENERAL CONSULTING CONTRACT AMOUNT PERCENT EARNED TO DATE AMOUNT EARNED TO DATE AMOUNT PREVIOUSLY BILLED AMOUNT OF CURRENT BILLING 3,750.00 100.00 3,750.00 3,562.50 187.50 TOTAL GENERAL CONSULTING MEETINGS 187.50 CONTRACT AMOUNT PERCENT EARNED TO DATE AMOUNT EARNED TO DATE AMOUNT PREVIOUSLY BILLED AMOUNT OF CURRENT BILLING TOTAL MEETINGS 12,750.00 76.00 9,690.00 9,562.50 127.50 ADDITIONAL SERVICES PER CLIENT *** TOTAL PROFESSIONAL SERVICES *** 127.50 1. 50 HRS 113.00 TOTAL ADDITIONAL SERVICES PER CLIENT EXPENSES REIMBURSABLE EXPENSES MISCELLANEOUS MAILING/HANDLING *** TOTAL REIMBURSABLE EXPENSES *** 113.00 TOTAL EXPENSES 7.64 12.46 20.10 TOTAL CURRENT BILLING 20.10 ~; 448.10 TOTAL DUE, INCLUDING PRIOR BILLINGS J J. MICHAEL BRILL & ASSOCIATES, INC, M CONSULTING ENGINEERS B INVOICE SUITE 112, 5010 RITTER ROAD MECHANICSBURG, PA 17055 (717) 691.0200 FAX- (717) 691-7654 , I J PILOT CORPORATION ATTN:ANTHONY C PATERNOSTRO AlA CONSTRUCTION DEPARTMENT 5508 LONAS DR KNOXVILLE TN 37909 341 INVOICE NO: DATE: PAGE: 950607 06/30nS 2 BILLING PERIOD 06/01/95 THRU 06/30/95 TOTAL CURRENT BILLING DESCRIPTIOU: PILOT TRAVEL CENTER-CARLISLE g ,3,313.53 JOB NUMBER: 643 TOTAL DUE, INCLUDING PRIOR BILLINGS "'y' ... '.~l I', ...~ '".' .~, '., ., ". '. Co tBDJ1!li7 ~~ "J M B J, MICHAEL BRILL & ASSOCIATES, INC, CONSULTING ENGINEERS SUITE 112. 5010 RITTER ROAD MECHANICSBURG, PA 17055 (717) 691.0200 FAX. (717) 691.7654 INVOICE PILOT CORPORATION ATTN:ANTHONY C PATERNOSTRO AlA CONSTRUCTION DEPARTMENT 5508 LO KNOXVILLE TN 37909 341 INVOICE NO: DATE: PAGE' 950509. 05/ H/95 1 BILLING PERIOD 04/01/95 THRU 05/31/95 JOB NUMBER' 643 DESCRIPTION' PILOT TRAVEL CENTER-CARLISLE GENERAL CONSULTING CONTRACT AMOUNT PERCENT EARNED TO DATE AMOUNT EARNED TO DATE .~OUNT PREVIOUSLY BILLED AMOUNT OF CURRENT BILLING 3,7'50.00 70.00 2,625.00 2,587.50 37.50 37.50 TOTAL GENERAL CONSULTING MEETINGS 12,750.00 72.00 9,"180.00 8,925.00 255.00 CONTRACT AMOUNT PERCENT EARNED TO DATE AMOUNT EARNED TO DATE AMOUNT PREVIOUSLY BILLED AMOUNT OF CURRENT BILLING TOTAL MEETINGS 255.00 SURVEYING CONTRACT AMOUNT PERCENT EARNED TO DATE AMOUNT EARNED TO DATE AMOUNT PREVIOUSLY BILLED AMOUNT OF CURRENT BILLING 6,700.00 100.00 6,700.00 4,200,00 2,500.00 2,500.00 TOTAL SURVEYING SUPPLEMENTAL AUTHORIZATIONS - H *** TOTAL PROFESSIONAL SERVICES *** 59.00 1. 00 HRS 59.00 SUPPLEMENTAL AUTHORIZATIONS - HOURLY EXPENSES J J, MICHAEL BRILL & ASSOCIATES, INC. M CONSULTING ENGINEERS B SUITE 112, 5010 RITTER ROAD MECHANICSBURG, PA 17055 (717)691.0200 FAX. (717) 691.7654 INVOICE PILOT CORPORATION ATTN:ANTHONY C PATERNOSTRO AlA CONSTRUCTION DEPARTMENT 5508 LONAS DR KNOXVILLE TN 37909 341 IIlVOICE NO: DATE: PAGE: 9503Qil 03/31/% 1 BILLING PERIOD 03/01/95 THRU 03/31/95 JOB NUMBER: 643 DESCRIPTION: PILOT TRAVEL CENTER-CARLISLE t4EETINGS CONTRACT AMOUNT PERCENT EARNED TO DATE ~IOUNT EARNED TO DATE AMOUNT PREVIOUSLY BILLED AMOUNT OP CURRENT BILLING 12.750.00 70.00 8.925.00 6,375.00 2.550.00 TOTAL MEETINGS 2.550.0,j* SUPPLEMENTAL AUTHORIZATIONS - H *** TOTAL PROPESSIONAL SERVICES **. 2.75 HRS 134.75 SUPPLEI-IENTAL AUTHORIZATIONS - HOURLY 234.75 EXPENSES REI~IBURSABLE EXPENSES MILEAGE MISCELLANEOUS PRINTING & REPRODUCTION MAILING/HANDLING * * * TOTAL REIMBURSABLE EXPENSES ** * 38.95 22.8~ 19.46 5.98 87.28 TOTAL EXPENSES TOTAL CURRENT BILLING 87.28 ~ ...... --- TOTAL DUE. INCLUDING PRIOR 7,644.21 * PLEASE NOTE: )..( Costs include time from February 1995 which was not included in February Billing. J. MICHAEL BRILL & ASSOCIATES, IHC, CONSULTING ENGINEERS J M B INVOICE SUITE 112, 5010 RITTER ROAD MECHANICSBURG, PA 17055 (717) 691.0200 FAX. (7!7) 691-7654 PILOT CORPORATION ATTN:ANTHONY C PATERNOSTRO ALA CONSTRUCTION DEPARTMENT 3-<1 INVOICE NO: DATE: PAGE: 90;0109 01/31/95 2 KNOXVILLE TN 37909 BILLING PEllIOD 01/01/95 THRU 01/31/95 JOB NUMBEP.: 643 DESCRIFTICN: PILOT TRAVEL CENTER-CARLISLE REVISIONS *.. 'fOTAL PROFESSIONAL SER'nCE:: .., ';-1.75 HRS 2.473.7S TOTAL REVISIONS 2,473.7'; SUPPLEMENTAL AUTHORIZATIONS - H ... TOTAL PROFESSIONAL SERVICES ... 111.25 HRS 6.255.00 SUPPLEMENTAL AUTHORIZll.'!'IONS - HOUEl,LY 6,255.00 EXPENSES PROFESSIONAL SERVICES ENGINEER ... TOTAL PROFESSIONAL SERVICES ... 1.CO HRS 1. 00 HRS 55.00 55.00 RElt-1BURSABLE EXPENSES ~.lILEAGE MISCELLANEOUS PRINTING & REPRODUCTION MAILING/HANDLING ... TOTAL REIMBURSABLE EXPENSES ... 182.76 75.62 709.84 90.75 1,OS8.97 TOTAL DUE, INCLUDING PRIOR BILLINGS 1,113.97 ~7 ,976 .""0 17,976.47 TOTAL EXPENSES TOTAL CURRENT BILLING M51A24 'J J, MICHAEL BRILL & ASSOCIATES, IHC, M CONSULTING ENGINEERS B INVOICE SUITE 112. 5010 RITTER ROAD MECHANICSBURG, PA 17055 (717) 691.0200 FAX. (717) 691.7654 PILOT CORPORATIOU ATTN:ANTHON'i C PATERlIOSTRO AlA CONSTRUCTION DEPART~IENT !'508 LONAS DR KNOXVILLE TN 37~()9 HI lllli.neE flO: nATE: P.'\GE: 9412016 12/31/94 1 SIr.LING PERIOC' 12/01/94 THRY 12/31/94 JOB NLf1olBER: 6-13 DESCRIPTION: PILOT TRAVEL CENTER-CARLISLE GENERAL '':ONSULTING CONTRACT ANOUNT PERCENT EARt.lED TO DATE At-IOUNT EARNED TO DATE AMOUNT PREVIOUSLY BILLED AMOYNT OF CURRENT BILLING ;.750.01) 5-1.00 2.025.00 1.612.50 41l.50 TOTAL GENERAL CONSULTING HZ.50 SKETCH PLANNING CONTP.ACT AJ.10UNT PERCENT EARNED TO DATE AMOUNT EARNED TO DATE AMOUNT PREVIOUSLY BILLED AMOUNT OF CURRENT BILLING 1.800.00 100.00 1,800.00 1.278.00 522.00 TOTAL SKETCH PLANNING 522.00 NEETINGS CONTRACT ANOUNT PERCENT EARNED TO DATE AMOUNT EARNED TO DATE ANOUNT PREVIOUSLY BILLED AMOUNT OF CURRENT BU,LING 6.375.00 60.00 3.825.00 2.040.00 1,765.00 TOTAL MEETINGS 1.785.00 REVISIONS *** TOTAL PROFESSIONAL SERVICES *** 2.25 HRS 157.50 TOTAL REVISIONS 157.50 SUPPLEMENTAL AUTHORIZATIONS - H *** TOTAL PROFESSIONAL SERVICES *** 73.25 HRS 4.375.50 J M B J, MICHAEL BRILL & ASSOCIATES, INC, CONSULTING ENGINEERS INVOICE SUITE 112, 5010 RITTER ROAD MECHANICS BURG, PA 17055 (717) 691.0200 FAX. (717) 691.7654 PILOT CORPORATION ATTN:ANTHONY C PATERNOSTRO ALA CONSTRUCTION DEPARTMENT 5508 LONAS DR KNOXVILLE TN 37909 341 INVOICE NO: DATE: PAGE: 941119 11/30/~4 1 BILLING PERIOD 11/01/94 THRU 11/30/S~ JOB NUMBER: 643 DESCRIPTION: PILOT TP~VE~ CENTER-CARLISLE GENERAL CONSULTING CONTRACT A1-l0UIIT PERCENT EARNED TO DATE AMOUNT EARNED TO DATE AMOUNT PREVIOUSLY BILLED AMOUNT OF CURRENT BILLING TOTAL GENERAL CONSULTING 3.73').00 ..3.00 1,612.50 787.50 825.00 , 825.00 1,800.00 71.00 1,278.00 180.00 1,098.00 1.098.00 6,375.00 32.00 2.040.00 765.00 1,275.00 1,275.00 4,200.00 100.00 4.200.00 420.00 3,780.00 3,780.00 SKETCH PLANNING CONTRACT AMOUNT PERCENT EARNED TO DATE AMOUNT EARNED TO DATE ~IOUNT PREVIOUSLY BILLED AMOUNT OF CURRENT BILLING TOTAL SKETCH PLANNING ..jEETINGS CONTRACT AMOUNT PERCENT EARNED TO DATE AMOUNT EARNED TO DATE AMOUNT PREVIOUSLY BILLED AMOUNT OF CURRENT BILLING ,'OTAL MEETINGS lURVEYING CONTRACT AMOUNT PERCENT EARNED TO DATE AMOUNT EARNED TO DATE AMOUNT PREVIOUSLY BILLED AMOUNT OF CURRENT BILLING 'OTAL SURVEYING J J, MICHAEL BRILL & ASSOCIATES, IHC, M CONSULTING ENGINEERS B INVOICE SUITE 112,5010 RITTER ROAD MECHANICS BURG, PA 17055 (717) 691-0200 FAX. (717) 691.7654 PILOT CORPORATION ATTN:ANTHONY C PATERNOSTRO ALA CONSTRUCTION DEPARTMENT 5508 LONAS DR KNOXVILLE TN 37909 341 INVOICF.: NO: DATE: P!\GE: 941119 11/30/94 2 BILLING PERIOD 11/01/94 THRU L1/30/94 JOB NUMBER: 643 DESCRIPTION: PILOT TRAVEL CENTER-CARLISLE PRELIMINARY PLANNING CONTRACT ANOUNT PERCENT EARNED TO DATE ~~UNT EARNED TO DATE AMOUNT PREVIOUSLY BILLED ~IOUNT OF CURRENT BILLING 19.800.00 70.00 13,860.00 13.860.00 PRELIMINARY PLANNING 13.660.00 3UPPLEMENTAL AUTHORIZATIONS - H *** TOTAL PROFESSIONAL SERVICES *** .50 HRS 42.50 lUPPLEMENTAL AUTHORIZATIONS - HOURLY ;UPPLEMENTAL AUTHORIZATIONS _ L CONTRACT AMOUNT PERCENT EARNED TO DATE AMOUNT EARNED TO DATE AMOUNT PREVIOUSLY BILLED AMOUNT OF CURRENT BILLING .UPPLEMENTAL AUTHORIZATIONS - LUMP SL~ XPENSES PROFESSIONAL SERVICES ENGINEER *** TOTAL PROFESSIONAL SERVICES *** 42.50 6,500.00 13.00 845.00 780.00 65.00 65.00 1. 00 HRS 1.00 HRS 55.00 55.00 REIMBURSABLE EXPENSES MILEAGE MISCELLANEOUS PRINTING & REPRODUCTION ~mILING/HANDLING **. TOTAL REIMBURSABLE EXPENSES *** 91.68 43.08 559.75 35.56 730.07 J, MICHAEL BRILL & ASSOCIATES, IHC, CONSULTING ENGINEERS J M B INVOICE SUITE 112, 5010 RITTER ROAD MECHANICSBURG, PA 17055 (717) 691.0200 FAX. (717) 691.7654 prLOT COP.PORAT:ON ATTN: .:'NTHON'{ C ?XI'EF,NOS',R0 A:A C:)N5TRiJCTION DE!?A!',T~!E:JT '3'508 LCNAS C'R ~NI;XVIL:2 7~ 3790S .: -I 1 : :-JVO r.:::: ~IC.: g 4 1 :. : g )AT~: ~..!./30"'-34 ?i\GE:: 3 2'::Lr;h:; ?EEl:OC .::.: /Ij 1/ (J'! 'I'HRlJ l~. "~1G,' J'~ rOB NL~IBZF.: ..i';.3 i)E5C"F. I?T:CN: ? ILG"!" T?!"1~TE~:E:,rr:::~._..::~:.:.:, L SLE TOTAL 2::<PE~ISES i'3'3 . .),;," 't' ~,.... .. ..'_ _ .'"\.-1 :':~:...:::;-r S: LL.-::NG c.,.~ _...... ';l}.~. T"')'='.::.:' ")f};!. ::.'IC':~;DI:.j(; :':=.[.:a 3I;:.r..rl!G.~ :::l . 72.~ . :.: '" '.....,.., "..... ...~..... ,..,. ,-. " Exhibit H . :n1 I AI'R 1 U 199~1 SUITE 112':"'sOitfR11TER'ROA_ MECHANICS BURG, PA 17055-4828 (717) 691.0200 FAX. (717) 691-7654 ,J M B J, MICHAEL BRILL Br ASSOCIATES, INC, CONSULTING ENGINEERS VIA FAX, ORIGINAL TO BE MAILED April 4, 1995 Mr. Jim Powell Pilot Corporation P.O. Box 10146 Knoxville, TN 37939.0146 ~@$l1~lID ~ ~~R' 6 \99S MSocla\e3 J. Mlchaell\~lgl\ ~gIOll'" consU RE: Pilot Travel Center No. 348 Somerset Township, Washington County, PA AGREEMENT FOR PROFESSIONAL SERVICES Dear Jim: With respect to the above referenced project, I am pleased to submit this Agreement for Professional Services. J. Michael Drill & Associates, Inc. agrees to the fallowing scope of work: 1. Provide general consulting services for the project. This work may include, but not be limited to reviewing existing plans, reports and other informa'ion; contacting and obtaining information from muniCipality, county and other government officials regarding the project: coordinating with and obtaining information from client, client representatives, outside developers, outside engineers, outside consultants, architects and others regarding the project; and perform other background and general consulting work for the project as requested bV the client. 2. Perform as-built survey and perimeter verification of the existing site. Contours will be plotted a two (2) foot intervals and will include detailed spot elevations. This work will also include research at county courthouse and the municipality. The survey will be prepared according to the "Specifications for Normal Survey Requirements. November 1993" for Pilot Corporation. Because the scope of work is generallv well defined, J. Michael Brill & Associates, Inc. agrees to provide these services as follows: I. JMB# ~1 m [J PROPOSAL .)l. Jil' AGREEMENT Cl CONSULTANT COpy TO ------.--- PHASE 150 - GENERAL CONSULTING PHASE This work may include but not be Iimi'ed to the following: A. B. C. Reviewing existing plans, reports & other information. Coordinating with and obtaining information from government agencies. Coordinating with and obtaining information from client, client's representatives, contractors, outside engineers, outside surveyors, contractors and others. Site analysis of existing conditions. Prepare variance request application and plans. Perform other necessary miscellaneous work related to the project. D. E. F. ESTIMATED COST OF PHASE. . . . . . . . . . . . . . . . . . . .. . . $600.00' MEMBER CONSULTING ENGINEERS COUNCIL OF PENNSYLVANIA J, MICHAEL BRILL & ASSOCIATES, INC, Jim Powell April 4, 1995 AGREEMENT FOR PROFESSIONAL SERVICES Page 3 Involcin<l Invoices will be submitted monthly and based on a percent complete for certain items, for actual work performed (hourly Itemsl and for reimbursable expenses. Payment is expected within 30 days upon receipt. Payments not received within 30 davs will be subject to an interest charge of 1.1/2 % per month on the outstanding balance. Failure to Pav Invoices If all, some or a portion of Invoices are not paid to ENGINEER and ENGINEER would file an action to collect amounts in default, CLIENT agrees to pav all of ENGINEER'S court costs and reasonable attorney's fee of twenty (20%) percent of the total amount due along with amount of invoices outstanding. ENGINEER will continue to impose interest and attorney's fees daily on all sums owed to ENGINEER at the rate provided in the Engineering Agreement for Professional Services until payment is received in full even if ENGINEER has obtained judgment against CLIENT. Susoension for Non-Pavment pavment to the Engineer Is a material consideration of this agreement. Therefore, the Engineer has a right to suspend services for non.payment. The Engineer shall not be liable, nor in any way be responsible for damages, delays or increased costs that may occur as a result of the Engineer's suspension of services. The Client shall hold harmless, indemnify and defend the Engineer for claims that arise due to any suspension. Benefit of Services The Client agrees that it will include in its' agreement with any Contractor and/or Construction Manager the following clause: The Client and the Engineer acknowledge that nothing in the Client's engagement implies any undertaking by the Engineer for the benefit of, or which may be enforced by the Contractor, or its Sub. Contractors, or the suretY of any of them; it being understood that the Engineer's obligations are to the Client and that, in performing such obligations, the Engineer may increase the burdens and expense of the Contractor, or its' Sub.Contractors, or the suretY of any of them. Subconsultants If the project necessitates the use of subconsultants for services outside the proposed scope of work, subconsultant costs will be invoiced at 1.20 times the actual costs incurred. Prior to the execution of a contract with a subconsultant, J. Michael Brill & Associates, Inc. will provide you with an estimated cost of the subconsultant's work for your concurrence, and subsequent approval. f' !~ t:i 7,; Li if J, MICHAEL BRILL" ASSOCIATES. INC, Jim Powell April 4, 1995 AGREEMENT FOR PROFESSIONAL SERVICES Page 4 Addltlonel Enalneerina Services If it Is the CLIENT'S request to proceed into further s'ages of development, the ENGINEER agrees to enter into separate agreements for additional engineering services. These agreements will be specifically prepared to repres~nt the scope of work at each subsequent phase of development. Revisions bv Client The final plans, reports and other design informadon prepared by ENGINEER will be based on the site concept plan accepted by the CLIENT. If design or revisions are made to plans at the request of CLIENT after work has started, during process, or after completion of the plan, the CLIENT and ENGINEER agree to consider said revisions as additional work to the Total Cost of Phases found in this Agreement. Thus, additional time will be invoiced at hourly rates outlined under COMPENSATION FOR ADDITIONAL WORK. Revisions bv Reviewina Aaencies I" .J t. " ~ -" i ,\ The plans, reports and other design information prepared by J. Michael Brill & Associates, Inc. will, to the best of our knowledge, comply with all legal and munil';pal requirements. However, our submission of materials to various reviewing agencies may not represent the personal opinions and viewpoints of all or any of the reviewing officials (I.e.. engineers, planning commission members, supervisors, countY and state officials, etc.l. Thus, if design or plan revisions are required because of interpretation or personal matters, J. Michael Brill & Associates, Inc. proposes to consider said revisions as additional work and all additional time Will be invoiced at the hourly rates outlined under COMPENSATION FOR ADDITIONAL WORK. 1-1 I j 1/. I' I,' l :.:~ I ' I , Comoensation for Additional Work Any plan revision required by the O~ner or other owner representative shall be considered as additional work, Additionally, any future services requested which are not within the proposed scope of work shall also be considered as extra work and shall constitute a claim of compensation for additional work. J. Michael Brill & Associates, Inc. proposes to provide any additional service on a direct hourly ratelpersonnel as follows: Reoular Overtime \ Principal Engineer Project Manager Traffic Engineer Geotechnical Engineer Environmental Engineer Project Engineer $90.00 75.00 70.00 70.00 70.00 65.00 $90.00 75.00 70.00 70.00 70.00 65.00 i . I", !l[~ 'Ii v~' I' I. . ;,~ 1'::1:10' '''-::';, i -:, ~( I", ,~\~- J, MICHAEl BRILL & ASSOCIATES. INC, Jim Powell April 4, 1995 AGREEMENT FOR PROFESSIONAL SERVICES Page 5 Project Landscape ArchitectS Landscape Architect Engineer CAOO Manager Engineering Technician CAOO Operator Administration 2 Person Survey Crew 3 Person Survey Crew 65.00 55.00 55.00 52.50 47.50 40.00 35.00 97.50 120.00 65.00 60.50 60.50 52.50 65.00 55.00 50.00 130.00 150.00 Invoicing will be based on actual hours and rates expended. The CLIENT recognizes that construction review is a vital element of the ENGINEER'S complete service, provided to minimize problems during construction by permillin9 detention of andlor rapid response to unanticipated or changed conditions, or errors or omissions committed by design professionals, contractors, materials provider or others. The CLIENT also recognizes that no party is as intimately familiar with the ENGINEER'S intents as the ENGINEER and those the ENGINEER prepares for and assigns to reviewing tasks. Accordingly, the CLIENT agrees to retain the ENGINEER to review construction, and the ENGINEER agrees to assign to the reviewing function persons qualified to observe and report on construction of the ENGINEER'S recommendations, plans and specifications, and the quality of work performed by contractors, et al. The CLIENT recognizes that construction review is a technique err, played to minimize the risk of problems arising during construction; that construction review by the ENGINEER is not insurance, and does not constitute a warrantY or guarantee of any tYpe. In all cases. contractors et al. (that is, the general contractor, subcontractors, subsubcontractors, materials persons and othersl shall retain responsibilitY for the qualitY of their work and for adhering to plans and specifications. Construction review will be done on an hourly basis and will be done under a separate agreement or supplemelltal authorization under this agreement. Should the CLIENT for any reason not retain the ENGINEER to review construction, or should the CLIENT unduly restrict the ENGINEER'S assignment of personnel to review construction, or should the ENGINEER at the direction of the client for any reason not perform construction review during the full period of construction, the ENGINEER shall not have the abilitY to perform a complete service. In such a case, the CLIENT waives any claim against the ENGINEER and agrees to indemnify, defend and hold the ENGINEER harmless from any claim or liabilitY for injury or loss arising from problems during construction that allegedly result from findings, conclusions, recommendations, plans or specifications developed by the ENGINEER. The CLIENT also agrees to compensate the ENGINEER for any time spent and expenses incurred by the ENGINEER in defense of any such claim with such compensation to be based upon the ENGINEER's prevailing fee schedule and expense reimbursement policy. Exhibit I " J M B J, MICHAEL BRILL & ASSOCIATES. IHC, CONSULnNG ENGINEERS .~.'.:-':;"-:.' ..'.... SUITE 112" 5010 RITTER ROAD MECHANICSBURG, PA 17055-4S28 (717) 691.0200 FAX" (717) 691,,7654 June 7, 1995 James E. Powell, AlA, Design Coordinator Manager PILOT Corporal ion Construction Department 5508 Lonas Drive Knoxville, TN 37909 RE: Proposed "Pilot Travel Center" situated along Wilson Road and located in the Borough of Bentleyville, Washington County, PA REVISED AGREEMENT FOR PROFESSIONAL SERVICES JMB Project #677 , 11 JMBl" ~ PROPOSAL l.. - AGREEMENT A CONSULTANT COpy TO ---- Dear Jim: As per a telephone conversation yesterdav with between you and Alan E. Love with regards to the above referenced project, I am pleased to submit this Agreemem for Professional Services. J. Michael Brill & Associates, Inc. (JMB) and I personally am very excited and pleased to provide professional services for this project. With the above stated, JMB would propose the following revised scope of services. ,. Provide General Consulting services for the project. This work mav include, but not be limited to reviewing existing plans, reports and other information; contacting and obtaining information from municipality, county and other government officials regarding the project; coordinating with and obtaining information from client, client representatives, outside developers, outside engineers, outside consultams, architects and others regarding the project; and perform other background and general consulting work for the project as requested by the client. 2. If required, prepare a Site Concept Plan by refining the one (1) previously prepared by your office. This plan will indicate all existing physical features which will remain along with all proposed locations of buildings, parking/driveway layouts, curbs, sidewalks, outdoor spaces and elements and will incorporate additional information provided by you, Township Planning Commission officials and others. The work will include verification of Zoning Ordinance compliance. 3. Coordinate and obtain existing topographic/planimetric survey information from PennDOT District 12-0. Once obtained, the information will be digitized and brought up to JMB CADD standards. 4. Prepare a base sheet which will incorporate all survey information previously performed arid that found in Item 3 above. This plan will compile all survey information and have it done to CADD standards of JMB. The base sheet and will be utilized in Preliminary/Final design. 5. Prepare and submit both Preliminary/Final Site Development Plans including the required Land Developmem Plans for municipal review and ultimate construction based upon the Site Concept Plan found to be acceptable in Item 2 above. This work will be done in CADD format. This work will include the following: MEMBER CONSULTING ENGINEERS COUNCIL OF PENNSYLVANIA J, MICHAEL BRILL & ASSOCIATES. INC. James E. Powell, AlA June 7, 1995 JMB Project 11677 REVISED AGREEMENT FOR PROFESSIONAL SERVICES Page 2 6. Prepare all applicable Preliminary/Final design calculations and reports necessarv for site plan review Ii.e. -storm water management report, storm sewer design calculations, erosion and sedimentation control narrative, etc. I. 7. Prepare and submit all applications and make submittals necessarv for Preliminary/Final plan review and ultimate site construction (Le. - Municipal submissions, County Conservation District submissions, DER sanitary sewer modules, etc.l. 8. Prepare and submit all plans, reports, applications and other items required for the review of a Highway Occupancy Permit application by Penn DOT. This work will be limited to the roadway that abutts the property line of the site. This work does!!Q! include the on/off ramps to 1-70 or the bridge over Wilson Road. 9. Revise plans and reports to meet the initial comments by the municipal officials and other reviewing agencies involved in the project. 10. Provide coordination with utilitv companies and provide service layouts as per utility company requirements Ii.e. - water, sewer, gas, electric, communications, etc.). 11. Revise plans and report to meet all comments by the government officials and other review agencies involved in the project. Because the work for this project is generally well defined, J. Michael Brill & Associates, Inc. agrees to provide these services as follows: I. PHASE 150 . GENERAL CONSULTING , This work may include that found in Scope-of-Work (Item #11 which could include the following: A. Reviewing existing plans, reports & other information. B. Coordinating with and obtaining information from government agencies. C. Coordinating with and obtaining information from client, client's representatives, contractors, architects, attorneys, rest es,ate agents and others. COST OF PHASE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. $1,125.00. 'Based on fifteen (15) hours for this task. II. PHASE 200 - SKETCH PLANNING (If Requiredl Prepare Site Concept Plan as outlined in scope-of-work Item #2 found on Page 1 of this Agreement. COST OF PHASE. . .. . . . . ',' . . . . . . . . . . . . . . . . . . . . . . . . . ., . .. $1,325.00. J, MICHAEL BRILL .. ASSOCIATES, INC. James E, Powell. AlA June 7. 1995 JMB Project #677 REVISED AGREEMENT FOR PROFESSIONAL SERVICES , Page 4 E. SUPOOr! Work: . t' 1. Secretarial and administrative 2. Project supervision and management. TOTAL COST OF PHASE .................................. $21,050.00 IV. PHASE 250 ' MEETINGS (including travel time) Possibly including but not limited '0 the following: A. Client/Client Representatives B. Municipal officials and municipal boards C. Architects. attorneys and other owner representatives D. Utility companies, contractors, e'c. COST OF PHASE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. See Note Below' , 'NOTE: Meetings will be attended only when specifically requested bV Pilot Corporation and will be billed on an hourlv basis. J V. PHASE 800 - REVISIONS Revise plans and reports to meet municipal and other reviewing agencies comments. 8ecause each project is unique in its own right, it is very difficult to commit to a firm cost for this phase of work. Thus, J. Michael Brill & Associates, Inc.. will perform this work on an hourlV basis. However, for this Agreement' we 'will estimate twenty-eight 128) hours for this work. If additional hours are required, the client will be no,ified that additional costs will be necessary. ,:f ESTIMATED COST FOR PHASE. . . . . . . . . . . . . . . . . . . . . . . . . . . . .. $1,580.00 NOTE: This proposal does not include costs for the following: a. Traffic Studies b. Environmental Studies c. Permit/Application Fees d. Off. Site Studies e. All other items not specifically described. In addition to the above, PILOT Corporation (CLIENT) and J. Michael Brill & Associates, Inc. (ENGINEER) agree to the following supplemental terms and conditions: .1f J, MICHAEL BRILL & ASSOCIATES. IHC, James E. Powell, AlA June 7, 1995 JMB Project #677 REVISED AGREEMENT FOR PROFESSIONAL SERVICES Page 7 Reoular Overtime Principal Engineer Project Manager Traffic Engineer Geotechnical Engineer Environmental Engineer Project Engineer Project Landscape Architects Landscape Architect Engineer CADD Manager Engineering Technician CADD Operator Administration 2 Person Survev Crew 3 Person Survev Crew $90.00 75.00 70.00 70.00 70.00 65.00 65.00 55.00 55.00 52.50 47.50 40.00 35.00 97.50 120.00 $90.00 75.00 70.00 70.00 70.00 65.00 65.00 60.50 60.50 52.50 65.00 55.00 50.00 130.00 150.00 Invoicing will be based on actual hours and rates expended. Construction Review If the CLIENT agrees to retain the ENGINEER to review construction, the ENGINEER agrees to assign to the reviewing function persons qualified to observe and report on construction of the ENGINEER'S recommendations, plans and specifications, and the quality of work performed bV contractors, et al. The CLIENT recognizes that construction review is a technique employed to minimize the risk of problems arising during construction; that construction review by the ENGINEER is not insurance, and does not constitute a warranty or guarantee of any type except for the accuracy of the work produced by the ENGINEER. In all cases, contractors et al. (that is, the general contractor, subcontractors, subsubcontractors, materials persons and others) shall retain responsibility for the quality of their work and for adhering to plans and specifications. If requested by CLIENT, construction review will be done under a Supplemental Authorization and be invoiced under Phase 700 - Construction Administration and becomes part of this Agreement. Ownershio of Documents Plans, reports, specifications, and other documents prepared and/or obtained by ENGINEER as instruments of service, are and shall remain the property of the ENGINEER, whether the project for which they are intended is executed or not. The CLIENT shall be permitted to retain copies, inClUding reproducible copies of plans and specifications for information and reference in connection with the CLIENT's Use and occupancy. The plans, reports, specifications and other documents prepared and/or obtained by the ENGINEER shall not be, used by the CLIENT on other projects, for additions to this project, or for completion of this project by others, except by agreement in writing with the appropriate compensation to the ENGINEER, provided the ENGINEER is not in default under this agreement. Exhibit J _ "'''''l- .' .' .~ ~ ~~ . . ' , Exhibit K J, MICHAEL BRILL & ASSOCIATES, INC, PROFESSIONAL SERVICES SUPPLEMENTAL AUTHORIZATION "2k DATE: Seotember 2&: 1995 JMB PROJECT NAME Pilot Travel Center - Bentlevville JMB PROJECT # 677 SUPPLEMENTAL AUTHORIZATION NUMBER 02 In accordance with the written Agreement on the above referenced project, dated June 7. 1995 between the Panles designated below, J. Michael Brill and Associates, Inc., Is hereby authorized to: Proceed with Additional Engineering Services XX Proceed with Additional Surveying Services Proceed with Revised Scope of Services XX Incur Reimbursable Expenses As Follows: rl m dl ion I I Id rv n socia ed ffi work fro .alnln_ a 0 nd . ,:;,rvdf ~x,o,inu features and contours for 8ooroximatelv 5.0 acres of land f~r a ~roDosed I~a;e a~ea S9 ~ the olacement of a ovlon sian. Additlonallv. the office work will Include reducin~ fi;ld note; ~I~~ina ooints. incorooratlno contours 1010 a base sheet for the site. Also. a lease ~rea olan will be oreoared for use bv Client. Compensation shall be adjusted as follows: The above work will be done for a Lumo Sum fee of $5.500.00 and will increase our Phase 300 . Survev Phase to $13.550.00. Reimbursable costs lif anv) will be In addition to that indi~ated I~ the orevious aoreement. Upon return of a fully executed authorization, this service shall become pan of the Agreement identified above. APPROVED BY: J. MICHAEL BRILL & ASSOCIATES, INC. APPROVED BY: PILOT CORPORATION: I:...~ ~ Signature J. Michael Brill. P.E..P.L.S. - President Name/Title Name/Title 9-2 (,- 9 J-- Date Date Exhibit L J M B J, MICHAEL BRILL & ASSOCIATES, IHC, CONSULTING ENGINEERS INVOICE SUITE 112. 5010 RITTER ROAD MECHANICSBURG, PA 17055 (717) 691-0200 FAX- (717) 691-7654 PILOT CORPORATION ATTII: Ail':HON'! C P.;TER:WST"C .;1.; COrJSTRUCTI'JN DE? .;i':,~IEN:' 341 INVOI~E ~0: )~~Ol DA"n~: 1(i/3t,.9 ~AC:;E: c:.e:....c 1''-,\'''::0 "''' KNOXVILLE ":'N 379,)3 8!!.LII'I''; f :~r'::r ~O/'Oli'~S T~RU lJJZli;~ JOB NUr~EE,,: .~- ~, , DESCR!?~ICN: ?!L:T CCRP-5E~T~S~~/~~~Z ......f"'"." - ~ ..J .1.: ~ l..o r.,,~,'0 ~ =:UPt:.::N':' BI::"L!NG ':-'':':.;L ~1}E. ;':.I:r}J::-r~,:G ~~.[,:,.s. :I':;~:.:h~3 : ~. '.1'~'- ./~: "'... " .... "'1\ 7j$'1:' I, ;,' "'1/ " 1~ . ~. / Cf.!e.. .."ffDS/q J M B J, MICHAEL BRILL & ASSOCIATES, INC, CONSULTING ENGINEERS INVOICE SUITE 112, 5010 RITTER ROAD MECHANICSBUR3, PA 17055 (717) 691.0200 FAX. (717) 691.7654 ?I LO'i" CCR?OF..O,TIOI1 AT TN : MJTHQN'l C ?A'.:'ZF.N.;:';STP.C' .;LA CON3TllUCTION C:E?!UC:.IZ:rr c::: ~ ~ r "'a:: !""\Q KNOXVILLE TN 37309 1-1l !N'..:t:rc::: NO: 97.0:') t.: OAT:::: )~I .. J fj..~.:; ?AG2':: S'::LiNG ?ER!<.'C" 0;) / 0 L ;' '3:' ::'E-~I) j -J ' .3 (; /'? ~ JOB NL1"IBER: 577 CESCR!?TICtl: f: :r.OT ':ORF -9:::N'~:~'{it,4 :i:..2 ~~EE'!'!)J(j.3 .tk;1( TOTA!.. F'ROfES31GNP.L 3::2~J::::,:-:::S .. 'c ~ :: c . '~') ~-I?:E ~ . ; Q;Z . .~.: ;04EETINGS '. . : c:... :;~ SUI;.VEYDIG ':ONTll.".CT _n~'4CUNT PERCENT EARNED TO DATE MofOUNT EARNEC. TO D.u..TE ~ICUNT ?REVIOU3~Y BI~LED AMOUNT Of CUERE!,T SILLING :3.~3J.')O 5:. !r:. .-! . ;~,~.j . 71~ j . OSO .,)(: 1.3(- !'(,TAL S1.iRV::;'lDI'':; 1. .10- REVISIONS ... TOTAL PROFESSIONAL SERVICES .., 15.00 :-IES 325.00 ~":'TAL REVISICNS 32~. ',)0 SUPPLEMENTAL AUTHORIZATIONS - HOURLY ... TOTAL PROFESSIONAL S~RV!CES ... 2.7.30 HR..5 1.:Srj7.5.) T'jT.;L SUPPLE~lENTAr. AUTHORIZ. - HOUEL, 1,567.50 SUPPLENENTAL AUTHCP.IZATIONS - LUMP SUM CONTRACT ANOUNT PERCENT EARNED TO DATE ANOlJNT EARNED TO DATE AMOUNT PREVIOUSLY BILLED AMOUNT OF CURRENT BILLING 7.SIJO.lJO 60.00 4:,'300.00 750.00 3,750,01) TOTAL SUPPLEMENTAL AUTHORIZ. - LUt~P Sl..J1.! 3,7'50.00 REIMBURSABLE EXPENSES J, MICHAEL BRILL & ASSOCIATES, INC, CONSULTING ENGINEERS J M B INVOICE SUITE 112, 5010 RITTER ROAD MECHANICSBURG. PA 17055 (717) 691-0200 FAX. (717) 691.7654 PILOT CORPORATION ATT:-I: ANTHONY C PATERNOS:".") CONSTRUCTION DEP.;?TI.IE:IT r:.t:..... r e ""'0 "),0' ,)"J.r. .::::r;'~I~:E.: :-10: t:.;"~E: ?AGS: ,50'31 j. 1)'!"~C/95 , _. n........ KIICX'JILLE: TN 37~J':l BILLING ?::R.!(,r. 1)9/01/15 'r~fRIJ QS,'30/'3~ .JOB NUNBEP.: 677 ~E21:~I?~!ON: P~~0T CC~P-3~:}~~E17~~:E RE!lvtEUP.SA2L.! ::X?::NSE.5 '''!:LEl1.GE :.JISCEr..LANEOU5 PR!NTING :; RE~?Cr:.fJ;='r':ON :4AILING/HriNDL:~'lG ,,:let ?OTAL REINE.U:tSA2.LS E:){~EilSES,_k1C i:~;:. de :';.~ . ::. .:. :.2,~ . ::i.S ~,; . . .:. ! ':' ';.' ,,~ _ . """OJ :. ,",'.' TCT.~L REIMBURSABLE SX?ENSES 1 ..:~.:. ~.. - . - - -. ..-- TC1'_:'_~ '::J?3::::~T E.r~LINl:; c.. _._~ ,~ , . ". . :r. """- -" 70'f~.L ::'US. .-:)ICLiJC'!NG ?P.':::':'F. 5I;:r...I:./t':;3 17,1. r_l:J.-5'.5 ~"l ~. 1f i;} l! .." . i 3 qf..., 5g0'Sftt J, MICHAEL BRILL & ASSOCIATES, IHC, CONSULTING ENGINEERS J M B INVOICE SUITE 112, 5010RIT'TERROAO MECHANICSBURG, PA 17055 (717) 691.0200 FAX. (717) 691-7654 ,1LOT '::':'RF")RATION .\T1'N:A~JTHONY C ;>A7ERt'l0.37l"; .~:;. I:ONSTE'.UCTION DEP.Z>RT/.IENT ~ r:. :) 1"!"t- ~ ""1:' Jo! J. r~J\:,).!i;E t~(j' :~l.);)l;'~ :)A-:'E: I:..~ )~!.:.~ ';!'\GE: :'Nl);,VILLE TN 3790', E.!::'Ll:-iG ?Z?I'JC :)..;, (l'!./'~C: THE!.: ');?i J~' '.'~ .1')13 :-JUr"BEF.: .~- ':-. . :'::~;:;; !?'T!C\N: ?!.r..,:":," C..:::r-::,::::rr;..Z'C/~:'L:~ :.!~2""'r:JGS ',,"" 'i'()TAL PF.OFES3:'~:'H\rJ S2R'/I:::::S ,,, ~ .. H?S - . .: .' -' . . :~!::'S.=: HGS FINAL E'LANNING ,:ONTRACT At.lour.l':' PERCENT EARNED TO DATE .'<I'JOUNT EARNED TO OATS AMOUNT PREVICUS~Y eI~L~D ;\MOUNT OF CURREN'i' i3ILLH;'~ ::: . .:':')1) . !:.i,: :. :JO. :.\) ~ 1. . :;5'.') . (1(, ::.1. --: .~n. '';'.: .; . .:. ~ ,; . :~ ;J ,",-."'" -,- .L'J__~.u l"INil.L PL;'.NIHNG ~..!: . :;: ~.. I) . l. o! !?E.JISIONS ~*~ TOTAL PROFESSIONAL SERVICES ~~~ ~ .Oi"; HP.S ~!=: ,~II) 3!3,(,f) 7CT~.L REVIS tONS 3'J:':?LEi'I,ENT.!\L AUTHORIZATIONS - !}_~,;:? 3;)1..1 'XlNTRACT AHOUNT P~RCENT EARNED TO DhTS !\;"IOUNT EARNED TO DATE AiolOUNT PLiEvrCUSL'[ BE,LED ';"IO.lNT OF CURRENT BILL~NG 7,;00.00 10. (;I; 7'50. .)1) 73:). \~I.~ -roJT;:'.L SUE'PLEI.1ENTAL AlJTHORIZ. - LUMP SU,l 7''sO.i)i) "EIl.IBURSABLE EXPENSES REIMBURSABLE EXPENSES l-lILEAGE MISCELLANEOUS PRINTING " REPRODUCTION l-~ILING/HANDLING ... TOTAL REIMBURSABLE EXPENSES ... 3.60 26. ::s 31.. 7~ O. 2.:~ oS.91 J M B J, MICHAEL BRILL & ASSOCIATES, IHC, CONSULTING ENGINEERS INVOICE SUITE 112, 5010 RITIER ROAD MECHANICS BURG, PA 17055 (717) 691.0200 FAX. (717) 691.7654 P !LOT COR PORA: IC-N ATTN. AIITHONY C ?1>:rERNOSTRO A.:A C.)NSTRUCTINI CEPA?TME:IT c::.c= ..::' :"',0 IIP;vLI::: NO: '?.:,.~3(' r..t\TE: 1.1::- /11 ,'? ?:\.I;E: 2-11 KNOXVILLE TN J7~0~ 81;:'L ltjG PER:')[I C8!Ol/~~ THRU 0a/31~9~ JOB NUt4EEE'.: ~ESC~IPT!ON: PILO'r CORP-aE~tT~EYV:~L~ ........ ,); I ':..1 '~OTA!. ?ElfotIBUF.SA3-:'E C::GS:.J:;Z'3 T~'r.;{.. CU:::.ES~\!T c' II,r..!!.JG c..~ ' . ~,:-~ . ~- TOT.;':' GUE # INCLUDING pp,rr:'R 5ISL:;::~IGS :3 , -Loll. :: :- .)~JD ID 3D q r 55 d I J M B J, MICHAEL BRILL & ASSOCIATES, INC, CONSULTING ENGINEERS INVOICE SUITE 112. 5010 RITTER ROAD MECHANICSBURG. PA 17055 (717) 691.0200 FAX. (717) 691-7654 "ILO':' G0RPOR;>.TION .'.TTN: AllTHC'N'l C p.:>.n:RNOSTRO ;"1;>' ':OI'JSTRUCTION DE? .'-.RTt4ENT c. 101 T('H!lS r-,~ KUO;':v~!Lr.E 1":1 ;730; :41. INV(ICE Nt..j: Y3'J71~.? DATE: ')";'1 '11. :'; "hG;:;, 9!.LL!!JG PSr-.ICe. 07/U1/95 T~RU Q7/J:'.':?~ .10B NL'}IBEP.: 677 C'ESCR:~'TION: P:LCT ::CnP-BE~TLE'!~/!L:'::: ~E:'I~?~.!.. ':::-~JZUL':'!~lG CONT:RrlCT ~;J-1':'U~IL' FS~CENT EAS~2~ ~O DA~~ ~4GUNT cAR~lE:..' ie. G.~.TE Z;:"'IOUNT ?~E~l:f)iJS:'~' BILLEv .=\.a"JOl'NT OF CURS,EN7 SIL::.n+:; 1. . 1. ~": . ': r.J 1 i).."'! . ,~[) .~ . t ~::; . )( - ~. ... ! ~ :. . .:..j 3'.. ; . '73 :''JTAr:. GZNEP.AL CONSULTING '3 ':-..; . 7:: .iEETIHl3;:S .t~ TOTAL ;ROFES3!~NA: ~S~V!CE3 ~t~ .:.. ':;0 HRS ;2 .~o !EE":'I~-lG5 ., ~'" ..1 "IN.;L PLANND1G CONTRACT i'~'vIOUNT PERCENT EARNED TO DATE i'JvlOliNT EAE'.NED TO DATE ~~OUNT PREVIOUSLY aILLED' Ai'..[OUNT OF CU8.3.Sl'JT EILLrN<; l:.:!.. :):;0. 'JI) 8,j . 'J:; 16.2~(I.J(1 :t ':!:. 735. 'JO ~ , 1013 .OU '.)':'AL F!NAL PLANN!NG 2.105. !"JI) En~EURSABLE EXPENSES REIr-1BURSABLE EXPENSES r..HLEAGE 128.16 HISCELLANE:OUS "RIi~TING .~ REl?RCDIjCTI0N ~!AILrNG/HANDL!HG ... TOTAL REIMBURSABLE EXPENSES **. 27.4:5 21'3.73 82.68 458.02 )TAL REIMBURSI,BLE EXPENSC:S 458.G2 . J M B J. MICHAEL BRILL & ASSOCIATES, INC. CONSULTING ENGINEERS INVOICE SUITE 112. 5010 RITTER ROAD MECHANICSBURG. PA 17055 (717) 691-0200 FAX- (717) 691-7654 ?!Ll)T CORFORA';r':I:~ A7TN: AN'r'HOrlY C ~A rE:-.r:.)3T20 ;;;:.:, CONSTRUCTION L;EFA?7~.!E:.17 c:.=. , rnNP'~ .-:q fNOXV~LL~ rN J-90S )':.i. :::'l'/r:.t'::::: w;: '~J ~.) '; .:..; ~i:I.'l''';' . ......... I) ; .' ~ t.: c; ~ ;'AG:::: " 3!:'~I~:i:; ;:~R!.\.I:' 0?/~;1.'C:~ '::~;;:J' ;~, :!./~:' :C'8 ~u1'''tBE:;': .~- ")/,' ~~~5CRr?T:OW: ?1:07 I:ORF-2EN~:!~7:L:! "!'":r.;L ::'.':R;2~n' ::IL::''::}JG (.....0 .. ... .... T~:-,T:.....-_ ::'_;S. :~j(Lt.'D:~i(; ?~;,:'':R 2'::: :r':(~= J J. MICHAEL BRILL & ASSOCIATES, INC. M CONSULTING ENGINEERS B , ;,1 SUITE 112. 5010 RITTER ROAD MECHANICS BURG. PA 17055 (717)691.0200 FAX. (717) 691.7654 INVOICE PILOT CORPORATION ATTN:l.NTHONY C PATERNOSTRC ALA CONSTRUCTION DEP.!\RTMEN':' 5508 LONAS DR K~JOXVILLE TN 173C'l J41 r~J'Il)ICE N(i: D.'I1'E: ?;,.:i:: ; ~:OUl l)~/ 30,";'3 B::r..r..r~JG PEct:CJrJ ')3/26/';, '~HP.IJ 04:/10. :1.: ';OB N1JMBEE: ';77 C'E:;CP.I;::'T.~'J.~I: [: :LJ'!' ':OF.p-aS:~T!..::::'!".r! r..r..Z (~E:':ERJHJ f:ONSULTIN(j t.. ~ TOTAL PROFES3j:':'N~\.t.. SER~/Il:ZS 'C.'1 IC " . y; ~RS So!) . ':1 1'~::,"t'.;L... (i::::NE?AL CONSUL'E!~JG :.!O ,I)'.:' S:':r\:J:::Y I~JG CONTRACT AMOUNT PERCENT EARNED TO D,'.,::: ~~OUNT EARNED TO DATE AMOUNT PREVIOUSLY SIL:ED >>fOUNT OF CUl'.RENT BILLI:,'; ? ,1)':(;. :jl) J;; . QIJ Z. ;'t:: .00 2. , ~"!.:: . I)G T':.TAL SIJRVE'iING 2,U:;.()C REIMBURSABLE EXPENSES REIl4BURSA5LE EXPENSES ~lISCELLANEOUS l,tAILING/HANDLING ,. '* TOTAL REIMBURSABLE EXPENSES.'''' 31.26 '3.2;) 36.49 To'rAL REIMBURSABLE EXPENSES TOTAL CUREENT BIL:ING .36.49 ~59t::V 2..191. t!9 TCTAL DUE, INCLUDI~G P3IOR BILL!NGS ~t7 J. MICHAEL BRILL & ASSOCIATES, INC., plaintiff, IN THE COUR'r OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 98-6539 PILOT CORPORATION, CIVIL ACTION - LAW Defendant Date: December 21, 1998 ~ Q'-~-) /4l~)( ..... .--- ?- -W1X, Wenger & We1dner 508 North Second street P.O. Box 845 Harrisburg, PA 17108-0845 Kevin S. Blanton, Esq. Attorney for Defendant I I; ~ r l l I' AGREEMENT PURSUANT TO RULE 237.2 TO EXTEND TIME TO PLEAD FDLLOWING TEN-DAY NDTICE It is agreed that pilot Corporation, Defendant, is granted an extension of time through January 4, 1999, in which to file a responsive pleading (other than preliminary objections) to the above-captioned complaint. After the above date, a judgment of non pros or by default, as may be appropriate, may be entered upon praecipe without further notice. Date: December 21, 1998 w /L~ Davia J. Lanza, Esq. Johnson, DUffie, stewart & Weidner 301 Market street Lemoyne, PA 17043 Attorney for Plaintiff . 6. Denied as stated. It is admitted only that Plaintiff completed all services requested and authorized by Defendant. By way of further answer, Defendant fully paid Plaintiff for all requested and authorized services completed by Plaintiff. 7. Admi tted in part and denied in part. It is admitted that Plaintiff delivered invoices to Defendant. It is specifically denied, however, that Defendant owes any amounts to plaintiff, and strict proof is demanded. Defendant incorporates herein by reference its answer to Plaintiff's paragraph 6 as if fully set forth. B. Denied. It is specifically denied that Defendant owes any amounts to Plaintiff, and strict proof is demanded. Defendant incorporates herein by reference its answer to Plaintiff's paragraph 6 as if fully set forth. 9. Denied. Plaintiff's paragraph 9 states conclusions of law to which no answer is required. To the extent this Court deems an answer is required, it is specifically denied that Plaintiff is entitled to any amounts from Defendant, and strict proof is demanded. Defendant incorporates herein by reference its answer to Plaintiff's paragraph 6 as if fully set forth. 10. Denied. Plaintiff's paragraph 10 states conclusions of law to which no answer is required. To the extent this Court deems an answer is required, it is specifically denied that Plaintiff is entitled to any amounts from Defendant, and strict proof is demanded. Defendant incorporates herein by 2 reference its answer to Plaintiff's paragraph 6 as if fully set forth. 11. Admitted in part and denied in part. It is admitted that Plaintiff has demanded payment from Defendant. It is specifically denied that Defendant owes any amounts to Plaintiff, and strict proof is demanded. Defendant incorporates herein by reference its answer to Plaintiff's paragraph 6 as if fully set forth. WHEREFORE, Defendant respectfully requests that this Honorahle Court grant judgment in its favor, and grant such other relief as this Court deems just and appropriate. COUNT XX BREACH OF CONTRACT Bent1eyvil1e Travel Center 11. [sic] Defendant's paragraphs 1-11 [sic] hereof are incorporated herein by reference as if fully set forth. 12. The Agreement is a writing which speaks for itself. Plaintiff's allegations are denied to the extent they are not wholly consistent with the Agreement, and strict proof is demanded. 13. The Supplemental Authority Agreements are writings which speak for themselves. Plaintiff's allegations are denied to the extent they are not wholly consistent with the Supplemental Authority Agreements, and strict proof is demanded. 14. Denied. It is specifically denied that Plaintiff fully performed its obligations, and strict proof is demanded. To the contrary, Plaintiff did not fulfill its obligations, as 3 set forth more fully below. By way of further answer, Defendant fully paid Plaintiff for the services requested and authorized by Defendant prior to learning that Plaintiff had not completed the services requested and authorized by Defendant. 15. Admitted in part and denied in part. It is admitted that Plaintiff delivered invoices to Defendant. It is specifically denied, however, that Defendant owes any amounts to Plaintiff, and strict proof is demanded. Defendant incorporates herein by reference its answer to Plaintiff's paragraph 14 as if fully set forth. 16. Denied. It is specifically denied that Defendant owes any amounts to Plaintiff, and strict proof is demanded. Defendant incorporates herein by reference its answer to Plaintiff's paragraph 14 as if fully set forth. 17. Denied. Plaintiff's paragraph 17 states conclusions of law to which no answer is required. To the extent this Court deems an answer is required, it is specifically denied that Plaintiff is entitled to any amounts from Defendant, and strict proof is demanded. Defendant incorporates herein by reference its answer to Plaintiff's paragraph 14 as if fully set forth. 18. Denied. Plaintiff's paragraph 18 states conclusions of law to which no answer is required. To the extent this Court deems an answer is required, it is specifically denied that Plaintiff is entitled to any amounts from Defendant, and 4 \ , strict proof is demanded. Defendant incorporates herein by reference its answer to Plaintiff's paragraph 14 as if fully set forth. WHEREFORE, Defendant respectfully requests that this Honorable Court grant judgment in its favor, and grant such other relief as this Court deems just and appropriate. COUNT III IN QUANTUM MERUIT 19. Defendant's paragraphs 1-lB hereof are incorporated herein by reference as if fully set forth. 20. Denied. Plaintiff's paragraph 20 states a conclusion of law to which no answer is required. To the extent this Court deems an answer is required, it is specifically denied that Plaintiff fully performed engineering services and general consulting services for Defendant at Defendant's requests, and strict proof is demanded. 21. Denied. Plaintiff's paragraph 21 states a conclusion of law to which no answer is required. To the extent this Court deems an answer is required, it is specifically denied that Plaintiff conferred any benefits upon Defendant for which Defendant has not fully paid Plaintiff, and strict proof is demanded. To the contrary, Defendant suffered substantial losses as a result of the services improperly performed by Plaintiff, as set forth more fully below. 22. Denied. It is specifically denied that Defendant authorized all work performed by Plaintiff, and strict proof is demanded. 5 23. Denied. Defendant is without information or knowledge sufficient to answer plaintiff's allegations of what plaintiff expected. However, by way of further answer, plaintiff had no reason to expect remuneration for work which it did not complete. 24. Denied. It is specifically denied that Defendant was aware that plaintiff expected payment for work which it did not complete, and strict proof is demanded. 25. Denied. It is specifically denied that plaintiff is entitled to any amounts sought, and strict proof is demanded. By way of further answer, Defendant fully paid plaintiff for all requested and authorized services Plaintiff completed. By way of further answer, Defendant incorporates herein by reference its answer to plaintiff's paragraph 14 as if fully set forth. 26. Denied. Plaintiff's paragraph 26 states a conclusion of law to which no answer is required. To the extent this Court deems an answer is required, it is specifically denied that Defendant was unjustly enriched by any conduct of plaintiff, and str ict proof is demanded. By way of further answer, Defendant incorporates herein by reference its answer to Plaintiff's paragraph 14 as if fully set forth. By way of further answer, and contrary to Plaintiff's allegations, Defendant suffered substantial losses as a result of the work improperly performed by Plaintiff, as set forth more fully below. 6 27. Plaintiff's paragraph 27 states a conclusion of law to which no answer is required. To the extent this Court deems an answer is required, it is specifically denied that Defendant owes Plaintiff any amounts and that any value for services is due to plaintiff, and strict proof is demanded. WHEREFORE, Defendant respectfully requests that this Honorable Court grant judgment in its favor, and grant such other relief as this Court deems just and appropriate. COUNT IV 27. (sic] Defendant's paragraphs [sic] hereof 1-27 are incorporated herein by reference as if fully set forth. 2B. Denied. Plaintiff's paragraph 28 states conclusions of law to which no answer is required. To the extent this Court deems an answer is required, it is specifically denied that Defendant owes Plaintiff any amounts, and strict proof is demanded. To the contrary, Defendant has paid Plaintiff for all requested and authorized services completed by Plaintiff. I I By way of further answer, Defendant incorporates herein by , " reference its answer to Plaintiff's paragraph 14 as if fully t r set forth. i. I' i r h f" , 29. Admi tted in part and denied in part. It is admitted that Plaintiff has made demands for payment. It is specifically denied, however, that Defendant owes any amounts to Plaintiff, and strict proof is demanded. To the contrary, Defendant has }. paid Plaintiff for all requested and authorized services completed by Plaintiff. By way of further answer, Defendant :1 7 incorporates herein by reference its answer to Plaintiff's paragraph 14 as if fully set forth. 30. Admitted in part and denied in part. It is admitted that Defendant refuses to pay Plaintiff any sums. It is specifically denied, however, that Defendant owes any amounts to Plaintiff, and strict proof is demanded. To the contrary, Defendant has paid Plaintiff for all requested and authorized services completed by Plaintiff. By way of further answer, Defendant incorporates herein by reference its answer to Plaintiff's paragraph 14 as if fully set forth. WHEREFORE, Defendant respectfully requests that this Honorable Court grant judgment in its favor, and grant such other relief as this Court deems just and appropriate. NEW MATTER 31. Defendant's paragraphs 1-30 hereof are incorporated herein by reference as if fully set forth. 32. On or about October 24, 1994, Plaintiff and Defendant entered into a contract whereby Plaintiff agreed to perform engineering and consulting services in connection with the Middlesex Service Center constructed by Defendant (the "Carlisle Contract"). 33. Plaintiff performed its obligations with regard to all services requested and authorized by Defendant under and related to the Carlisle Contract. 8 34. Defendant fully paid Plaintiff all amounts owed under and related to the Carlisle Contract. 35. Defendant has performed all of its obligations pursuant and related to the Carlisle Contract. 36. On or about April 4, 1995, Plaintiff and Defendant entered into a contract whereby Plaintiff agreed to perform engineering and consulting services in connection with the Bentleyville Travel Center to be constructed by Defendant (the "Bentleyville Contract"). 37. Defendant paid all properly presented invoices in a timely manner during the term of the Bentleyville Contract. 38. At a time when Defendant believed that Plaintiff had performed all services requested and authorized by Defendant, Defendant paid Plaintiff all amounts owed under and related to the Bentleyville Contract. 39. Subsequent to making said payment to Plaintiff, Defendant determined that Plaintiff had not performed its obligations under the Bentleyville Contract, or had performed them in a substandard and unacceptable manner. 40. Defendant demanded that Plaintiff complete the services required and cure the defects in its performance. 41. Plaintiff was unable to complete the services required and cure the defects in its performance. 42. Plaintiff breached the Bentleyville Contract as stated more fully above and herein. 9 43. Defendant has demanded that Plaintiff reimburse Defendant for the amounts Defendant paid to Plaintiff under and related to the Bentleyville Contract related to the incomplete and defective performance by Plaintiff. 44. Plaintiff has refused to reimburse Defendant said amounts. 45. Defendant believes and therefore avers that the amounts being demanded from Plaintiff related to the Bentleyville Contract represent charges for Plaintiff's attempts to complete the services required and cure the defects in its performance. 46. Defendant is not obligated to pay Plaintiff for charges incurred by Plaintiff in its attempts to complete the services required and cure the defects in its performance. 47. As a result of the incomplete and defective services performed by plaintiff, Defendant was caused to expend substantial sums of money to effectuate the completion of the services Plaintiff was to provide under and related to the Bentleyville Contract. 48. Defendant has performed all of its obligations pursuant and related to the Bentleyville Contract up to the time of Plaintiff's breach thereof. 49. Paragraphs 50-67 of Defendant's Counterclaim hereof are incorporated herein by reference as if fully set forth. WHEREFORE, Defendant respectfully requests that this Honorable Court grant judgment in its favor, and grant such other relief as this Court deems just and appropriate. 10 COUNTERCLl\IH 50. Defendant's paragraphs 1-49 hereof are incorporated herein by reference as if fully set forth. 51. Pursuant to the Bentleyville contract, Plaintiff was to provide to Defendant general consulting and engineering s9rvices, all as more fully outlined in the Bentleyville Contract, which is attached hereto as Exhibit A and incorporated herein by reference as if fully set forth. 52. Plaintiff had a duty to discharge its obligations purauant to the Bentleyville Contract in a good workmanlike manner in accordance with generally accepted engineering and consulting standards. 53. At a time when Defendant believed that Plaintiff had performed all services requested and authorized by Defendant, Defendant paid Plaintiff all amounts owed under and related to the Bentleyville Contract. 54. subsequent to making said payment to Plaintiff, Defendant determined that Plaintiff had not performed its obligations under the Bentleyville Contract, or had performed them in a substandard and unacceptable manner. 55. Defendant demanded that Plaintiff complete the services required and cure the defects in its performance. 56. Plaintiff was unable to complete the servi.ces required and cure all of the defects in its performance. 57. Plaintiff breached the Bentleyville Contract as aforesaid. 11 58. Defendant has demanded that Plaintiff reimburse Defendant for the amounts Defendant paid to plaintiff under and related to the Bentlcyville Contract related to the incomplete and defective performance by Plaintiff. 59. Defendant believes and therefore avers that the amount plaintiff owes Defendant for said overpayments is in excess of $IB, 000. 60. plaintiff has refused to reimburse Defendant said amounts. 61. plaintiff is liable to Defendant for reimbursement of the said overpayments. 62. As a result of the incomplete and defective services performed by plaintiff, Defendant was caused to expend substantial sums of money to effectuate the completion of the services Plaintiff was to provide under and related to the Bentleyville Contract. 63. Plaintiff's breaches of the Bentleyville Contract directly and proximately caused Defendant to lose time on the construction schedule and profit related thereto. 64. Plaintiff's breaches of the Bentleyville Contract directly and proximately caused Defendant to incur substantial additional costs to complete the Bentleyville Travel Center, all of which Defendant would not have incurred but for Plaintiff's breaches of the Bentleyville Contract. 65. Defendant believes and therefore avers that the additional costs referred to herein exceed $50,000. 66. Plaintiff is liable to Defendant for these costs. 12 67. Defendant has performed all of its obligations pursuant and related to the Bentleyville Contract. WHEREFORE, Defendant respectfully requests that this Honorable Court enter judgment in its favor in an amount in excess of $25, DOO, together with costs and such other relief this Court deems just and appropriate. Date: '\ J \ ';'\"1" . c. , i Respectfully/ submi tted, I ! WIX, WENGERI& WEIDNER II / By: //\/ .! ! 1(________ "steven R. Williams, 10# 62051 5DB North Second Street P.O. Box 845 Harrisburg, PA 17108-0845 (717) 234-41B2 Attorneys for Defendant srw\documents\pilotans.wer-December 31, 1998 13 I I V f I I. I: j, ; ~. ; t [ ~ EXHIBIT A J. MICHAEL BRILL" ASSOCIATES, INC. CONSULllNG ENGINEERS . ~.D i APR 1 U 1995 - .. SUITE n!r.siJWf8tn,",,,,,..- MECHANICSBURO. PA 17055-4828 (717) 881.0200 FAX- (717) 811-7854 J M B VIA FAX, ORIGINAL TD BE MAILED April 4. 1995 Mr. Jim Powell Pilot Corporation P.O. Box 10146 Knoxville. TN 37939.0146 ~@$'i1~'\ID ~ ~?R.\ €I \q9'i & ~SOc\a\eS J t.'ICtlae\ el\\\nll\ne~'''' . COllsUI\\I'I1l RE: Pilot Travel Center No. 34B . Somerset Township. Washington CountY, PA AGREEMENT FOR PRDFESSIONAL SERVICES Dear Jim: Wilh respect to the above referenced project, I am pleased to submit this Agreement for Professional Services. J. Michael Brill & Associates, Inc. agrees to the following scope of work: 1. Provide general consulting services for the project. This work may include, but not be limited to reviewing existing plans, reports and other informalion; contacting and obtaining information from municipalitY, countY and other government officials regarding the project; coordinating with and obtaining information from client, client representatives, outside developers, outside engineers, outside consullants, architects and others regarding the project; and perform other background and general consulting work for the project as requested by the client. 2. Perform as.built survey and perimeter verification of the existing site. Contours will be planed a two (2) foot intervals and will include detailed spot elevations. This work will also include research at countY courthouse and the municipality. The survey will be prepared according to the "Specifications for Normal Survey Requirements. November 1993" for Pilot Corporation. Because the scope of work Is generally well defined, J. Michael Brill & Associates, Inc. agrees to provide these services as follows: D. E. F. Reviewing existing plans. reports & other information. Coordinating with and obtaining information from government agencies. Coordinating with and obtaining information from client. client's representatives, contractors, outside engineers, outside surveyors, contractors and others. Site analysis of existing conditions. Prepare variance request application and plans. Perform other necessary miscellaneous work related to the project. JM6# ~1 m Cl PROPOSAL. .J L "PI AGREEMENT [:J CO:-lSULTANT copy TO_ I. PHASE 150. GENERAL CONSULTING PHASE This work may include but not be limited to the following: A. B. C. ESTIMATED CDST OF PHASE. . . . . . . . . . . . . . . . . . . .. . ,0. .... . $600.00' MEMBER CONSULT1NG ENGINEERS COUNCIL OF PENNSYLVANIA . , J. MICHAEL BRILL" ASSOCIATES, INC. Jim Powell April 4, 1995 AGREEMENT FDR PRDFESSIONAL SERVICES Page 3 Invoiclna Invoices will be submitted monthly and based on a percent complete for cenain items. for actual work performed (hourly itemsl and for reimbursable expenses. Payment Is expected within 30 days upon receipt. Payments not received wl1hln 30 days will be subject to an interest charge of 1-1/2% per month on the outstanding balance. Failure to Pay Invoices If all. some or a ponion of invoices are not paid 10 ENGINEER and ENGINEER would file an action to collect amounts in default, CLIENT agrees to pay all of ENGINEER'S coun costs and reasonable attorney's fee of twenty 120%1 percent of the total amount due along wilh amount of invoices outstanding, ENGINEER will continue 10 impose interest and attorney's fees daily on all sums owed to ENGINEER at the rate provided In the Engineering Agreement for Professional Services until payment Is received in full even if ENGINEER has oblained judgment against CLIENT. SU5Dension for Non.Pavment Payment to the Engineer Is a material consideration of lhis agreement. Therefore, the Engineer has a right to suspend services for non-paymenl. The Engineer shall not be liable, nor in any way be responsible for damages. delays or increased costs that may occur as a result of the Engineer's suspension of services. The Client shall hold harmless. indemnify and defend the Engineer for claims that arise due to any suspension. ) I , Benefit of Services " The Client agrees that it will include in its' agreement with any Contractor and/or Construction Manager the following clause: The Client and lhe Engineer acknowledge that nothing in the Client's engagement implies any undenaking by the Engineer for the benefl1 ot, or which may be enforced by the Contractor, or Its Sub-Contractors, or the suretY of any of them; it being understood that the Engineer's obligations are to the Client and that, in performing such obligations, the Engineer may increase the burdens and expense of the Contractor, or its' Sub-Contractors, or the suretY of any of them. Subconsultants If the project necessitates the use of subcansultants for services outside the proposed scope of work, subconsultant costs will be invoiced at 1.20 times the actual costs incurred. Prior to the execution of a contract with a subconsultant, J. Michael Brill & Associates. Inc. will provide you with an estimated cost of the subcansultant's work for your concurrence. and subsequent approval. J. MICHAEL BRILL .. ASSOCIAns.INC. Jim Powell April 4, 1995 AGREEMENT FOR PRDFESSIDNAL SERVICES Page 5 Project Landscape Architects Landscape Architect Engineer CADD Manager Engineering Technician CADD Dperator Administration 2 Person Survey Crew 3 Person Survey Crew 65.00 55.00 55.00 52.50 47.50 40.00 35.00 97.50 120.00 65.00 60.50 60.50 52.50 65.00 55.DO 5D.00 130.00 150.00 Invoicing will be based on actual hours and rates expended. The CLIENT recognizes that construction review is a vital element of the ENGINEER'S complete service. provided to minimize problems during construction by permil1ing detention of and/or rapid response to unanticipated or changed conditions, or errors or omissions committed by design professionals, contractors, materials provider or others. The CLIENT also recognizes that no partY is as intimately familiar with the ENGINEER'S intents as lhe ENGINEER and those the ENGINEER prepares for and assigns to reviewing tasks. Accordingly, the CLIENT agrees to retain the ENGINEER to review construction, and the ENGINEER agrees to assign to the reviewing function persons qualified to observe and report on construction of the ENGINEER'S recommendations, plans and specifications, and the quality of work performed by contractors, et al. The CLIENT recognizes that construction review is a technique employed to minimize the risk of problems arising during construcdon; lhat construction review by the ENGINEER is not insurance. and does not constitute a warranty or guarantee of any type. In all cases, contractorS et al. (that is. the general contractor, subcontractors, subsubcontractors. materials persons and othersl shall retain responsibility for the quality of their work and for adhering 10 plans and specifications. Construction review will be done on an hourly basis and will be done under a separate agreement or suppleme\ltal authorizadon under this agreement. ShOllld the CLIENT for any reason not retain the ENGINEER to review construction, or should the CLIENT unduly restrict the ENGINEER'S assignment of personnel to review construction, or should the ENGINEER at the direction of the client for any reason not perform construction review during the full period of construction. the ENGINEER shall not have the abilitY to perform a complete service. In such a case, the CLIENT waives any claim against the ENGINEER and agrees to indemnify, defend and hold the ENGINEER harmless from any claim or liabilitY for injury or loss arising from problems during construction that allegedly result from findings. conclusions, recommendations, plans or specifications developed by the ENGINEER. The CLIENT also agrees to compensate the ENGINEER for any time spent and expenses incurred by the ENGINEER in defense of any such claim with such compensation to be based upon the ENGINEER's prel(ailing fee schedule and expense reimbursement policy. " J. MICHAEL BRILL 8. ASSOCIAns. IHC. Jim Powell April 4, 1995 AGREEMENT FOR PRDFESSIDNAL SERVICES Page 6 Owner_hiD of Documents Plans, reports, specifications, and other documents prepared and/or obtained by ENGINEER as Inslruments of service, are and shall remain the propertY of the ENGINEER. whether the project for which they are Intended Is executed or nqt. The CLIENT shall be permitted to retein copies. Including' reproducible copies of plans and speclflcatlons for Informalion and reference In connection wl1h tha CLIENT's use and occupancy. The plans, reports. spacifications and other documents prepared and/or obtained by the ENGINEER shall not be used by the CLIENT on other projects, for addidons to this project, or for complellon of lhls project by Olhers, except by agreement in writing with the appropriate compensation to the ENGINEER, provided the ENGINEER is not in default under this agreemenJ. J. Michael Brill & Associates, Inc. appreciates your Interest In our firm and the opportunitY to submit this Agreement for Professional Services to meet your project schedule. If you have any comments or Questions concerning this Agreement, please contact me. Thank you. Sincerely. J. MICHAEL BRilL & ASSDCIATES. INC. ar /,-.:-u {~ a, Michael Brill, P.E.. P.L.S, President cc: File See Page Seven for Signature Plac9ment , , \ J. MICHAEL BRILL & ASSOCIATES INC. , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA '., Plaintiff v. NO. 98-6539 I J PILOT CORPORATION, Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED t~ . CERTIFICATE OF SERVICE I hereby certify that the foregoing Answer with New Matter and Counterclaim was sent by first class mail, postage prepaid this day to the following: David J. Lanza, Esquire Johnson, Duffie, Stewart & Weidner 301 Market Street, P.O. Box 109 Lemoyne, PA 17043-0109 Attorney for Plainti~f / / '''. ''''tt' 'E<~ER 'y' .Il; II I?teve" R. Williams, LD.#62051 /508 N9rth Second street , Post Office Box 845 Harrisburg, PA 17108-0845 (717) 234-4182 Attorneys for Defendant '1 '\ , J Date:\'V\\'1~ Johnson. Duffie. Stewart & Weidner By: David J. Lanl'l J.D. No.5 7782 301 Markcl Strcct P. D. Box 10') LCl11oync.Pcnnsyl\'ania 170-13.010') (717) 76!--I5-10 Allomcys I\lr Plaintiff Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA NO. 98-6539 - CIVIL TERM CIVIL ACTION - LAW J, MICHAEL BRILL & ASSOCIATES. INC.. v. PILOT CORPORATION. Dt,fendant ANSWER TO DEFENDANT'S NEW MA ITER AND COUNTERCLAIM 31. Denied. Plaintiff incorporates Plaintiff's averments of Paragraphs 1 through 30. 32. Admitted in part, denied in part. It is admitted that Plaintiff and Defendant entered into numerous contracts and supplemental authorizations. By way of denial. Defendant has not set forth the complete contractual history relevant to this case. 33. Admitted. 34. Denied. Defendant has not fully paid Plaintiff for all amounts owed under the contracts at issue. Plaintiff incorporates the averments of Paragraphs 1 through 30. 35. Denied, Defendant has not fully paid for all of Plaintiff's services as set forth in Plaintiff's Complaint. 36. Admitted in part, denied in part. It is admitted that Plaintiff and Defendant entered into numerous contracts and supplemental authorizations. By way of denial, Defendant does not set forth the entire contractual relationship. By way of further denial. the majority of unpaid invoices for the Bentleyville contract relate to surveying work. WHEREFORE, Plainliff demands judgment against Defendant in an amount in excess of $20.000. ,l\NSWERIO.1;OJlKCE~M 50. Denied. Plaintiff incorporates its averments and denials of Paragraphs 1 through 49. 51. Admitted in part, denied in part. The contracts are set forth as Exhibits to Plaintiffs Complaint. By way of further denial. the majority of unpaid invoices for the Benlleyville contract relate to surveying work. 52. Admitted. 53. Denied. Defendant has failed to pay Plaintiff for all services requested. 54. Denied. Plaintiff has performed all obligations. By way of further denial. Defendant has not set forth the nature of the alleged unperformed or substandard obligations. 55. Denied. Defendant has made no such demand. 56. Denied. Defendant has made no such demand. By way of further denial. Plaintiff fully performed all contractual obligations. 57. Denied. Plaintiff fully performed all contractual obligations. 58. Denied. Defendant has made no such demand. 59. Denied. There have been no overpayments. Defendant has failed to pay for certain services. By way of further denial, Defendant fails to set forth the basis for the $18.000 claim. By way of further denial. Defendant has never demanded any such amount from Plaintiff. 60. Admitted in part, denied in part. It is admitted that Plaintiff has not reimbursed Defendant. By way of denial, no such reimbursement is required or has been demanded. 61. Denied. No overpayments were made. By way of further denial, Defendant continues to owe portions of the contract amount to Plaintiff. 62. Denied. Defendant has incurred no damages. By way of further denial. Defendant has failed to set forth the nature or extent of the aforesaid damages. 63. Denied. Plaintiff did not breach any contract. It is denied that Defendant lost lime on the construction schedule and/or profit related thereto. 64. Denied. Plaintiff did not breach any contract. By way of further denial. Defendant did not incur additional costs. 65. Denied. It is denied that Defendant incurred additional costs. Defendant has never made any such demand upon Plaintiff. Strict proof of the aforesaid losses and costs are hereby demanded. 66. Denied. It is Defendant that owes substantial sums to Plaintiff. Plaintiff owes nothing to Defendant. 67. Denied. Defendant has refused to pay substantial sums to Plaintiff. WHEREFORE, Plaintiff demands judgment against Defendant in an amount in excess of $20,000, including the dismissal of Defendant's Counterclaim. Respectfully submitted. David J. Lanza JOHNSON, DUFFIE, STEWART & WEIDNER By: /~ . :119039 t CERTIFICA TE OF SERVICE AND NOW, this 1.S'/l.day of January. 1999. the undersi9ned does hereby certify that he did this date serve a copy of the foregoing Answer to Defendant's New Malter and Counterclaim upon the other parties of record by causing same to be deposited in the United States Mail. first class postage prepaid. at Lemoyne. Pennsylvania. addressed as follows: Steven Williams, Esquire Wix, Wengery & Weidner 508 North Second Street P.O. Box 8.15 Harrisburg, PA 17108-0845 r ~ By: Lit-- David J. Lanza JOHNSON. DUFFIE. STEWART & WEIDNER ) i\ ) , ! ! I. ; 'I POWELL, TRACIITMAN, LOGAN. CARRLE. BOWMAN & LOMBARDO. P.c. BY: Mark S. McKain. Esquire Attorncy I.D. No.: 54364 475 Allendale Road. Suite 200 King of Prussia. P A 11J406 (610) 354-1J700 Attorneys for J. Michael Brill & Associatcs. Inc. J. MICHAEL BRILL & ASSOCIATES, INC. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, v. PENNSYL VANIA PILOT CORPORATION NO.1J8-(,531J ENTRY OF APPEARANCE Kindly enter my appcarance on bchalfofplaintiff/countcrclaim dcfcndant, J. Michael Brill & Associatcs, Inc.. with rcspcctto thc abovc.captioned mattcr. POW' . TRACHTMAN, LOGAN, CARRLE" BOW ~ & LO~BARDO, P.C. 1/ ,.J~\ BY: , . Mark S. McKain. Esquire Date: May 21. 1999 KOP:136688.10000-20 CEIHIFICATE OF SERVICE I, Mark S. McKain, Esquire, counsel for J. Michacl Brill & Associales, Inc., certify that on May 21, l'i'ic), a true and correct copy of the forcgoing Enlry of Appearance wns forwarded to opposing counscl hy U.S. Mail. postage prepaid, at thc addresses below. David J. Lanza, ES1luire Johnson, Duffie, Stewart & Weidncr 30 I Market Strcet P.O. Box IOl) LCl11oync,PA 17043.010c) TEL: (717) 761-4540 Counsel for Plaintiff Stcven R. Williams, Esquire Wix, Wenger & Weidner 508 North Second Street P.O. Box 845 Harrisburg, I' A 17108-0845 TEL: (717) 234-4182 Counsel for Defendant POWEL~L'1RACHTMAN. LOGAN. CARRLE. BOWM .. j& LOMBjRDO. P.C. BY: 1/ AJ~ Mark S. McKain, Esquirc KOP:136688.10000_20 .' ? l .1 ., i.1 , ~. 'I) , c .- .. , , , : . , , " - J .- J .-,", C. c' u, U - . r Johnson, Duffle, Stewart & WeIdner By: David J. Lanza 1.0. No. 55782 301 Markel Street P. O. Box 109 Lemoyne, Pennsylvania 17043.0109 (717) 761-4540 Attorneys lor Plainlill J. MICHAEL BRILL & ASSOCIATES. INC.. Plaintill IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA NO. 98.6539 Civil v. PILOT CORPORATION. CIVIL ACTION - LAW Delendant PRAECIPE TO SA T1SFY, SETTLE AND DISCONTINUE TO THE PROTHONOTARY: Please mark the above-captioned action satislied. sellled and discontinued. Respectfully submitted, b\"L~(O"'- Dated: JOHNSON. DUFFIE. STEWART & WEIDNER By: ir /- David J. Lanza Attorney 1.0. No. 55782 301 Market Street P.O. Box 109 Lemoyne. PA 17043-0109 Telephone (717) 761-4540 Attorneys for Plainlilf : 159704 , CERTIFICA TE OF SERVICE AND NOW, this 7 ,'> ( ~ay of June 2002. the undersigned does hereby certify that he did this date serve a copy of the foregoing PRAECIPE TO SATISFY. SETTLE AND DISCONTINUE upon the other parties of record by causing same to be deposited in the United States Mail. first class postage prepaid. at Lemoyne. Pennsylvania. addressed as follows: David W. Francis, Esquire POWELL, TRACHTMAN, LOGAN. CARRLE. BOWMAN & LOMBARDO 114 North Second Street Harrisburg. PA 17101 Steven R. Williams, Esquire WIX. WENGER AND WEIDNER 508 North Second Street P.O. Box 845 Harrisburg. PA 17108-0845 JOHNSON. DUFFIE, STEWART & WEIDNER j~:/t\ By: David J. Lanza Attorneys for Plaintiff