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HomeMy WebLinkAbout08-6891KEYSTONE CONTRACTING, INC., Claimant, V. CONSTANTINOS J. MALLIOS and ELAINE MALLIOS, Owners IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA NO. p$- &Rq1 kLD MECHANICS' LIEN CLAIM MECHANICS' LIEN CLAIM AND NOW, comes Claimant, Keystone Contracting, Inc., by and through its attorneys, Wix, Wenger & Weidner, and files this Mechanics' Lien Claim, stating as follows: 1. 2 3 4 5. Claimant, Keystone Contracting, Inc., is a Pennsylvania corporation, which maintains its principal place of business at 51 Cove Road, Duncannon, PA 17020. Claimant files this Mechanics' Lien Claim as a subcontractor. The owners of the property subject to this lien are Constantinos J. Mallios and Elaine Mallios, ("Owners"), who reside at 715 Sandbark Road, Mt. Holly Springs, PA 17065. The date on which Claimant last performed work was May 27, 2008. Claimant did not complete all work on the property because Claimant was not paid the amount owed for its work despite Claimant's demands; and, Claimant was not provided with adequate assurance that it would be paid for the work performed. Claimant provided formal notice of its intention to file a Mechanics' Lien Claim on August 11, 2008, via first class and certified mail. A copy of the notice is 1 attached hereto as Exhibit "A" and incorporated herein by reference as though fully set forth. 6. Claimant files this claim under a written contract with Varish Construction, Inc., which served as contractor to Owners (the "Contractor'), dated August 8, 2007 (the "Contract") wherein Claimant agreed to furnish the labor and materials necessary for the excavation, erosion control, sewer installation, storm sewer installation, grading, water line installation, curbing and paving, in connection with the improvement of the properties claimed to be subject to this lien, to prepare them for the erection and construction of residential homes, streets, and stormwater management. A copy of the Contract is attached hereto as Exhibit "B" and incorporated herein by reference as though fully set forth. 7. Contractor and Claimant agreed that Claimant would provide the labor and materials necessary to perform the work listed in the Contract. Contractor and Claimant agreed that the work would be performed at a flat rate, as shown in the Contract. 8. In addition, Contractor and Claimant agreed that Claimant would provide clearing work (digging out tree stumps, hauling tree stumps, burying tree stumps, and removal of trees) at an hourly rate for the machine and operator. 9. Pursuant to the Contract and subsequent agreement of the parties, Claimant performed the work as set forth on Exhibit "C," which is incorporated herein by reference as though set forth in full. 2 10. Claimant sent periodic invoices to Contractor for the portion of the work performed by the date of the invoice. The total amount billed for the work performed is $1,033,732.36. The total amount paid is $822,110.17. 11. The amount owed for the work performed is $211,622.19. The amount of this claim, after apportioning the total debt among the varying improvements, is $5,760.63. 12. The improvements and property claimed to be subject to the lien is situate in the Township of South Middleton Township, Cumberland County, Commonwealth of Pennsylvania, shown as Lot 133 on a Final Subdivision Plan prepared by Herbert Rowland & Grubic, Inc., dated February 17, 2006, as revised March 6, 2007, recorded May 21, 2007 in Cumberland County Plan Book 94, Page 59, and which has tax parcel number 40-12-0340-089. Respectfully Subm Date: 'Atzo/raw WIX, WENMIR kWEIDNER By: Je Clark, I. D. # 89277 5 ort Second Street P.O. ox 845 Harrisburg, PA 17108-845 (717) 234-4182 Attorneys for Claimant 3 VERIFICATION I have reads the foregoing Mechanics' Lien Claim and hereby affirm and verify that, to the best of my knowledge, information and belief, all of the statements made therein are true and correct, and I acknowledge that false statements made therein may subject me to the penalties of 18 Pa.C.S. § 4904, relating to unsworn falsification to authorities. KEYSTONE CONTSACTING, INC. Date: I ` ?g I C w By: Deborah Frisch, President EXHIBIT "A" WIX, WENGER & WEIDNER A PROFESSIONAL CORPORATION RICHARD H. WIX ATTORNEYS AT LAW DEAN A. WEIDNER 508 NORTH SECOND STREET STEVEN C. WILDS THERESA L. SHADE WIX • POST OFFICE BOX 845 DAVID R. GETZ HARRISBURG, PENNSYLVANIA 17108-0845 STEPHEN J. DZURANIN JEFFREY C. CLARK PETER G. HOWLAND (717) 234-4182 . aso Member MaSWChUSMS Bar FAX (717) 234-4224 www.wwwpalaw.com August 11, 2008 THOMAS L WENGER ROBERT C. SPITZER Of Counsel Suburban Office: 4705 DUKE STREET HARRISBURG, PA 17109-3041 (717) 652-8455 Constantinos J. Mallios and Elaine Mallios Via Certified and First Class Mail 715 Sandbank Road Mt. Holly Springs, PA 17065 RE: Keystone Contracting, Inc. Formal Notice of Intent to File Mechanics' Lien Phases 5, 6, and 7 of Westgate Development, Cumberland County, Pennsylvania Our File No.: 4920-15040 Dear Mr. and Mrs. Mallios: This firm repres3nts Keystone Contracting, Inc. ("Keystone"). This is Keystone's formal notice of its intention to file a Mechanics' Lien against properties owned by you, which are more particularly described on Exhibit "A", attached hereto, for its work in connection with improvement of the properties to prepare them for the erection and construction of homes. This notice is being served by Keystone as a subcontractor to Varish Construction, Inc., your contractor. Keystone provided the excavation, erosion control, sewer installation, storm sewer installation, grading, water line installation, curbing and paving. Keystone completed its work on the project on May 27, 2008. Unless the amount of $211,622.19, due to Keystone for its work, is promptly paid, Keystone will file a Mechanics' Lien'to secure payment for its work on the properties. JCC/hjob cc: Keystone Contracting, Inc. Sincerely, Wix, W r eidner ay: Jeffre rk The following lots or tracts of land situate in the Township of South Middleton Township, Cumberland County, Commonwealth of Pennsylvania, shown on a Final Subdivision Plan prepared by Herbert Rowland & Grubic, Inc., dated February 17, 2006, as revised March 6, 2007, recorded May 21, 2007 in Cumberland County Plan Book 94, Page 59, as follows: Westgate Drive, located in Phase 5, as shown on the Plan Open Space - Tax Parcel No. 40-12-0340-125 Open Space - Tax Parcel No. 40-12-0340-098 Lot 132 - Tax Parcel No. 40-12-0340-090 Lot 133 - Tax Parcel No. 40-12-0340-089 Lot 134 - Tax Parcel No. 40-12-0340-088 Lot 135 - Tax Parcel No. 40-12-0340-087 Lot 136 - Tax Parcel No. 40-12-0340-086 Lot 137 - Tax Parcel No. 40-12-0340-085 Lot 138 - Tax Parcel No. 40-12-0340-084 Lot 139 - Tax Parcel No. 40-12-0340-083 Lot 131 - Tax Parcel No. 40-12-0340-092 Lot 130 - Tax Parcel No. 40-12-0340-093 Lot 99 - Tax Parcel No. 40-12-0340-124 Lot 100 - Tax Parcel No. 40-12-0340-123 Lot 101 - Tax Parcel No. 40-12-0340-122 Lot 102 - Tax Parcel No. 40-12-0340-121 Lot 103 - Tax Parcel No. 40-12-0340-120 Lot 104 - Tax Parcel No. 40-12-0340-119 Lot 105 - Tax Parcel No. 40-12-0340-118 Lot 106 - Tax Parcel No. 40-12-0340-117 Lot 107 - Tax Parcel No. 40-12-0340-116 Lot 108 - Tax Parcel No. 40-12-0340-115 Lot 109 - Tax Parcel No. 40-12-0340-114 Lot 110 - Tax Parcel No. 40-12-0340-113 Lot 111 - Tax Parcel No. 40-12-0340-112 Lot 112 - Tax Parcel No. 40-12-0340-111 Lot 113 - Tax Parcel No. 40-12-0340-110 Lot 114 -Tax Parcel No. 40-12-0340-109 Lot 115 - Tax Parcel No. 40-12-0340-108 Lot 151 - Tax Parcel No. 40-12-0340-071 Lot 152 - Tax Parcel No. 40-12-0340-070 Lot 153 - Tax Parcel No. 40-12-0340-141 Lot 154 - Tax Parcel No. 40-12-0340-140 Lot 155 - Tax Parcel No. 40-12-0340-139 Lot 156 - Tax Parcel No. 40-12-0340-138 Lot 157 - Tax Parcel No. 40-12-0340-137 Lot158 - Tax Parcel No. 40-12-0340-136 Lot 159 - Tax Parcel No. 40-12-0340-135 Lot 160 - Tax Parcel No. 40-12-0340-134 Lot 161 - Tax Parcel No. 40-12-0340-133 Lot 162 - Tax Parcel No. 40-12-0340-132 Lot 163 - Tax Parcel No. 40-12-0340-131 Lot 164 - Tax Parcel No. 40-12-0340-130 Lot 165 - Tax Parcel No. 40-12-0340-129 Lot 166 - Tax Parcel No. 40-12-0340-128 Lot 167 - Tax Parcel No. 40-12-0340-127 Lot 168 - Tax Parcel No. 40-12-0340-126 Lot 143 - Tax Parcel No. 40-12-0340-079 Lot 144 - Tax Parcel No. 40-12-0340-078 Lot 145 - Tax Parcel No. 40-12-0340-077 Lot 146 - Tax Parcel No. 40-12-0340-076 Lot 147 - Tax Parcel No. 40-12-0340-075 Lot 148 - Tax Parcel No. 40-12-0340-074 Lot 149 - Tax Parcel No. 40-12-0340-073 Lot 150 - Tax Parcel No. 40-12-0340-072 Lot 183 - Tax Parcel No. 23-31-2189-062 Lot 184 - Tax Parcel No. 23-31-2189-061 F:Vcc\4920 Keystone contracting, Inc - Frisch\15040 Mechanics Lien - Varish Construction, Inc\Documents\Exhibit A - Mallios.doc 9/26/08 2:59 PM ¦ Complete Items 1, 2, and 3. Also complete harm 4 if Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailpiwe, or orfthe front if space permits. 1. Article Addressed to: ? ns?h`?ds ?. ?aclios and EAv iti(a [([vS X15 Son6harK had A. -0 Agent B. ReceWed by (Printed Name) C. D. Is delivery address different from item 1? ? As If YES, enter delivery address below: XNlo 3. Service Type Zed ie Mail ? fagxese Mall M Registered tg'F?etum Receipt for Merchandise ? Insured Moll ? C.O.D. 4. Restricted Delivery? (Extra Fee) ? Yes 2. Article Number 7003 1680 0006 5640 7478 (Transfer from service label) Ps Form 3811, February 2004 Domestic Return Receipt 1025e5-02-M-15+0 CERTIFIED' [,.1 A 1 :- RE tE.1PYT (Dante l c Mai! Ong. No ?° ?urarcr uu:*?.3q? Yrovr^ For deliver, intorrnatior. ,,;sit our webslte at v:vrai.usps.con) 0O FFICIAL USE ...n IM Certified Fee ? ?p Return RIC,1 Foe Poshnark (Endorsement Requred) O Restricted Delivery Fee cO (Endorsement Required) ri Tote) Postage & Fees $ ? M ° t APL No.; M-2 l?',P - ?lJS ----------- or PO Box No. 1 .. ?rl ` /- ---;------------ -- --- --- --- -- EXHIBIT "B" PROPOSAL & CONTRACT KEYSTONE CONTRACTING, INC. 51 Cove Road Duncannon, PA 17020 71 834-9900 Submitted To: Varish Construction, Inc. Phone: 717-334-7173 Date 08/01{07 Street: 800 Bullfrog Road Job Name: Westgate City, State & Zip Code: Gettysbur& PA 17325 Job Location Architect: Date of Plans: Job Phone: We hereby submit specifications and estimated for: Westgate EROSION CONTROL 3 Construction Entrances $ 4,500.00 I Outlet Basin $ 1,000.00 I Endwall $ 850.00 28 FT of 24 IN CMP $ 14.00 1 Sldmmer $ 1,021.00 228M SF Grass Lines Swales $ 10,260.00 Temporary Seed and Mulch $ 3,000.00 SULK EXCAVATION Strip 42301 CY of Topsoil $ 95,17725 105084 CY Bulk Grading $309,997.80 Place 105084 CY and Compact Fill $ 73,558.80 P eIof 7 We Propose hereby to fiunish material and labor - complete in accordance with above specifications, for the sum of Dollars and 00 Cents Payment to be made as follows: All material is guaranteed to be as specified All work to be completed in a workmanlike manner according to standard Authorized practices. Any alteration or deviation from above Signature: specifications involv*g extra costs will be executed only upon written orders, and will become an extra charge over and above the estimate. All agreements contingent upon strikes, accidents or delays beyond our control. Owner to carry fire, tornado, \ and other necessary insurance. Our workers are fully covered by Workmen's Compensation and Liability Insurance. Note: This proposal may be withdsawn by us if not accepted within 30 days Aceepkrnoe of preparal - The above prices, specifications and conditions we satisfactory and we hereby accepted You are Stgl]atlliC: authorized to do the work as specified. Payment will be made as outlined above. Date of Acceptance: Signature: PROPOSAL & CONTRACT KEYSTONE CONTRACTING, INC. 51 Cove Road Duncannon, PA 17020 71 8349900 Proposal Submitted To: Varish Construction, Inc. Phone: 717-334-7173 Date 08/01/07 Street: 800 Bullfrog Road Job Name: Westgate City, State & Z' Code: Gettysburg, PA 17325 Job Location Architect: Date of Plans: Job Phone: We hereby submit specifications and estimated fora Westgate Mobilization S 8,000.00 SANITARY SEWER 3422 FT of 8 IN SDR 0-10 w/beddmg $ 73,846.76 525 Ft of 8 IN SDR 10-12 w/bedding $ 12,080.25 140 FT of 8 IN SDR 12-14 Wbedding $ 3,956.40 2305 FT of 6 IN SDR Lateral G-10 $ 38,009.45 351 FT of 6 IN SDR Laterals 10-12 $ 6,233.76 72 FT of 6 x 6 IN Wye Connections $ 2,880.10 169 Manholes $ 27,040.00 19 Flow Channels $ 2,565.00 1 Tie Into Existing Manhole $ 998.38 1 Stub and Plug Manhole $ 1,000.00 P e2v 7 We Propose hereby to furnish material and labor - complete in accordance with above specifications, for the sum of Dollars and 00 Carats Payment to be made as follows: All material is guaranteed to be as specified. All work to be completed in a workmanlike manner according to standard Authorized practices. Any alteration or deviation from above Signature: specifications involving extra costs will be executed only upon written orders, and will become an extra charge over and above the estimate. All agreements contingent upon strikes, accidents or delays beyond our control. Owner to carry fire, tornado, \ and other necessary insurance. Our workers are filly covered by Workmen's Compensation and Liability Note: This proposal may be withdrawn by us if not accepted within 30 days Insurance. Acoeptaree of proposal - The above prices, specifications and conditions are sctory and ace hereby accepted. You are Ste: authorimd to do the work as specified. Payment 1 made as outlined above. Date of Acceptance: ? (?'1 Signature: PROPOSAL & CONTRACT KEYSTONE CONTRACTING, INC. 51 Cave Road D>uncannon, PA 17020 71 834-9900 Proposal Submitted To: Varish Construction, Inc. Phone: 717-334-7173 Date 08/01/07 Street: 800 Bullfrog Road Job Name: Westgate City, State & Zip Code: Gettysburg, PA 17325 Job Location Architect: Date of Plans: Job Phone: We hereby submit specifications and estimated for: Westgate 72 Test Tees $ 2,880.00 2 Test Per Temp Specs $ 3,000.00 STORM SEWER 3914 FT of 18 IN SUP $ 83,368.20 266 FT of 24 IN SUP 0-6 $ 7,049.00 32 FT of 24 IN SLPP 6-8 $ 896.00 172 FT of 30 IN SLPP $ 5,736.20 14 Manholes $ 2,100.00 245 Inlets $ 36,750.00 43 Flow Channels $ 3,655.00 43 Inlet Protection $ 4,300.00 Remove 1 Inlet $ 500.00 P e3of 7 We Propose hereby to furnish material and labor - complete in accordance with above specifications, for the sum of Dollars and 00 Cents Payment to be made as follows: All material is guaranteed to be as specified. All work to be completed in a workmanlike manner according to standard Authorized practices. Any alteration or deviation from above Signature: specifications involving extra costs will be executed only upon written orders, and will become an extra charge over and above the estimate. All agreements contingent upon strikes, accidents or delays beyond our control. Owner to carry firs, tornado, 1 and other necessary insurance. Our workers are fully covered by Workmen's Compensation and Liability Insurance. Note: This proposal may be withdrawn by us if not accepted within0 days Acc+epaanae of prspagal - The above prices, specifications god c>onditioas are satisfilctory and are hereby accepted. You we Signature: aothorraed to do the work as specified. Payment as outlined above. M hate of Acceptance: Signature: PROPOSAL & CONTRACT KEYSTONE CONTRACTING, INC. 51 Cove Road Duncannon, PA 17020 71 834-9900 Proposal Submitted To: Varish Consbuction, Inc. Phone: 717-3347173 Date 08/01/07 Street: 800 Bullfrog Road Job Flame: Westgate City, State & Zip Code: Gettysburg, PA 17325 Job Location Architect: Date of Plans: Job Phone: We hereby submit specifications and estimated for. Westgate 3 Endwall $ 2,550.00 R4 Rock $ 1,625.00 CULVERT WESTGATE DRIVE 90 FT OF 103 X 81 IN CMP $ 11,991.60 2 Headwall and Endwall $ 9,990.00 CULVERT PARKWAY DRIVE 180 FT of 59 x. 81 IN CMP $ 19,141.20 2 Headwall and Endwall $ 15,720.00 WATER LINE 4425 FT of 12 IN PVC Main $ 117,262.50 6 FT of 12 IN MJ Gate Valves $ 6,660.00 6 FT of 6 IN MJ Gate Valves $ 2,820.00 Page 4 of 7 We Propose hereby to furnish material and labor - complete in accordance with above specifications, for the sum of- Dollars and 00 Cents Payment to be made as follows: All material is guaranteed to be as specified All work to be completed in a workmanlike manner according to standard Authorized practices. Any alteration or deviation from above Signature: specifications involving extra costs will be executed only upon written orders, and will become an extra charge over and above the estimate. All agreements contingent upon strikes, accidents or delays beyond our control. Owner to carry fire, tornado, \ and other necessary insurance. Our workers are fully covered by Workmen's Compensation and Liability lasurance. Note: This proposal may be withdrawn by us if not accepted within 30 days of plat -The above prices, specifications and conditions are satisfactory and are hereby accepted. You are Signature: 7N be as a dmzed to do the work as specified. Payment 7 r o utlined above. Date of Acceptance: T Signature: PROPOSAL & CONTRACT KEYSTONE CONTRACTING, INC. 51 Cove Road Duncannon, PA 17020 71 834-9900 Proposal Submitted To: Varish Construction, Inc. Phone: 717-334-7173 Date 08/01/07 Street: 800 Buffm Road Job Name: Westgate City, State & Z' Code: Gettysburg, PA 17325 Job Location Architect: Date of Plans: Job Phone: We hereby submit specifications and estimated for. Westgate 4 12 x 12 MJ Tee $ 1,200.00 6 12 x 6 Hydrant Tee $ 1,920.00 13 12 IN Bends $ 1,755.00 6 Fire Hydrant $ 14,400.00 4 Tie Into existing $ 12 Valve Boxes $ 1,200.00 13 Thrust Blocking $ 3,250.00 2 Testing $ 1,900.00 WATER SERVICE 43 % IN Short service $ 20,425.00 33 FT % IN Long service $ 19,800.00 P e5of 7 We Propose hereby to furnish material and labor - complete in accordance with above specifications, for the sum of: Dollars and 00 Cents Payment to be made as follows: All material is guaranteed to be as specified. All work to be completed m a workmanlike mam?er according to standard Authorized practices. Any alteration or deviation from above Signature: specifications involving extra costs will be executed only upon written orders, and will become an extra charge over and above the estimate. All agreements contingent upon strikes, accidents or delays beyond our control. Owner to carry fm, tornado, \ and other necessary insurance. Our workers are fully covered by Workmen's Compensation and Liability Insurance. Note: This proposal maybe withdrawn by us if not accepted within days Aaa*wwe of p vpmd - The above prices, specifications and conditions are satisfactory and we hereby accepted. You are Si nature: g authorized to do the work as specifati. Payment be made as outlined above. Date of Acceptance: Signature: PROPOSAL & CONTRACT KEYSTONE CONTRACTING, INC. 51 Cove Road Duncannon, PA 17020 71 834-9900 Proposal Submitted To: Varish Construction, Inc. Phone: 717-334-7173 Date 08/01/07 Street 800 Bullfrog Road Job Name: Westgate City, State & Zip Code: Gettysburg, PA 17325 Job Location Architect Date of Plans: Job Phone: We hereby submit specifications and estimated for Westgate CURBING 8835 SF Grade and Backfill $ 15,461.25 8835 Ft of Rolled Concrete Curb $ 78,189.75 PAVING 16935 SY Fine Grade $ 11,007.75 16935 SY of 8 IN Crushed #4 Stone $ 114,311.25 16935 SY of 2 IN BCBC Paving $ 105,504.75 16935 SY of 1 IN Wearing Paving $ 64,691.70 TOTAL $1,475,000.00 P e6of7 We Propose hereby to finish material and labor - complete in accordance with above specifications, for the sum of: Dollars and 00 Cents Payment to be made as follows: All material is guaranteed to be as specified All work to be completed in a workmanlike manner according to standard practices. Any alteration or deviation from above specifications involving extra costs will be executed only upon written orders, and will become an extra charge over and above the estimate. All agreements conbrigent upon strikes, accidents or delays beyond our control. Owner to cant' fire, Authorized Signature: tornado, \ and other necessary insurance. Our workers are firlly covered by Workmen's Compensation and Liability Insurance. Note: This proposal may be withdrawn by us if not accepted within 3300 days Acc*mxoe of pmpaad - The above prices, sp=fficqb= arui conditions art satis&etory and are hereby accepted. You are androri ed to do the work as specified. Paymem ' 1 be (?a as Signature: outlined above. Date of Acceptance: 1 Signature: PROPOSAL & CONTRACT KEYSTONE CONTRACTING, INC. 51 Cove Road Dnncannon, PA 17020 71 834-9900 Proposal Submitted To: Varish Construction, Inc. Phone: 717-3347173 Date 08/01/07 Street 800 Bullfro Road Job Name: Westgate City, State & Z' Code: Gettysburg, PA 17325 Job Location Architect: Date of Plans: Job Phone: We hereby submit specifications and estimated for Westgate Note: All asphalt pricing in this proposal will be subject to escalation based on the published Perm Dot Liquid asphalt index price at the time of placement. Index price as of 07/31/07 is $328.00 a liquid ton. Pipe and other material prices are good for 30 days. Payment to be made within 10 days from date of invoice. All materials stocked onshe are to be paid for due to escalation costs. Inspection and testing fees to be done by others. Any soils to be deemed unsuitable will be dealt with on a cubic yard basis. The grading may be altered from original plan due to areas that trees are to remain. Wires and poles to be relocated by others. Day schedule to complete job may altered due to in climate weather. Bulk of clearing and silt fence done by others. Keystone hued at time and material to finish clearing. Page 7 of 7 ANY ROCK ENCOUNTERED WILL BE ADDITIONAL We Propose hereby to furnish material and labor - complete in accordance with above specifications, for the sum of: Dollars and 00 Cents Payment to be made as follows: All material is guaranteed to be as specified. All work to be completed in a workmanlike manner according to standard Authorized practices. Any alteration or deviation from above Signature: specifications involving extra costs will be executed only upon written orders, and will become an extra charge over and above the estimate. All agreements contingent upon strikes, accidents or delays beyond our control. Owner to carry fire, tornado, \ and other necessary insurance. Our workers are fully covered by Workmen's Compensation and Liability Insurance. Note: This proposal may be withdrawn by us if not accepted within 30 days Acapmaee of pmpnd - The above prices, specifications and coaftom are satisfactory and are hereby accepted. You are Signature: i d t d a d th k i or ze o o u e wor as spec fied. Payment wilt as outlined above. Date of Acceptance: U Signature; CHANGE ORDER Keystone Contracting, Inc. Project: Westgate Change Order No. 08-01 lnitiefion Date: 06111108 Project No% Contract For. Westgate Contract Date: The contract is changed as follows: Electrical Excavation $36,520.00 Gas Excavation $32,520.00 Additional Water Line and Valves $ 7,300.00 20 Rolls Straw Matting Erosion Blanket $ 960.00 Grub and Clear $14,348.75 Total Add $ 91,648.75 Not valid until signed by Varish Construction Inc. The Original Contract Sum $1,475,000.00 Net Change by previously authorized Change Orders $ - 0 - The Total contract Sum prior to this Change Order $1,475,000.00 The Contract Sum will be (INCREASED) by this Change Order $ 91.648.75 The New Contract Sum including this Change Order $1,566,648.70 The Contract Time will be (unchanged) by (0) Days Varish Construction Inc. 800 Bullfrog Road Gettysburg, PA 17325 By: Dane Contractor: Keystone Contracting, Inc. By: Date EXHIBIT "C" Work Completed: Flat Rate: % Completed: Amount Owed: Erosion Control Installation of three construction $4,500.00 66.67 $3,000.00 entrances Installation of one outlet basin $1,000.00 100 $1,000.00 Installation of endwall $850.00 100 $850.00 Installation of 28 feet of 24 inch CMP $14.00 100 $14.00 Installation of skimmer $1,021.00 100 $1,021.00 Temporary seed and mulch $3,000.00 50 $1,500.00 Bulk Excavation Strip 42,301 cubic yards of topsoil $95,177.25 97.47 $92,772.51 Bulk Grading of 105,084 cubic yards $309,997.80 99.22 $307,593.06 Place and compact fill -105,084 $73,558.80 96.73 $71,153.26 cubic yards Mobilization $8,000.00 69.94 $5,595.27 Sanitary Sewer Installation of 3,422 feet of 8 inch $73,846.76 48.75 $36,000.00 SDR 0-10 with bedding Installation of 525 feet of 8 inch SDR $12,080.25 74.92 $9,050.00 10-12 with bedding Installation of 140 feet of 8 inch SDR $3,956.40 48.73 $1,927.86 12-14 with bedding Installation of 2,305 feet of 6 inch $38,009.45 39.46 $15,000.00 SDR lateral 0-10 Installation of 351 feet of 6 inch SDR $6,233.76 100 $6,233.76 laterals 10-12 Y Installation of seventy-two 6 x 6 inch $2,880.00 67.01 $1,930.00 Wye Connections Installation of 169 vertical feet of $27,040.00 31.8 $8,600.00 manholes Installation of 19 manhole flow $2,565.00 100 $2,565.00 channels Installation of tie into existing $998.38 100 $998.38 manhole Installation of stub and plug manhole $1,000.00 100 $1,000.00 Installation of 72 test tees $2,880.00 67.01 $1,930.00 Sewer two test per temp specs $3,000.00 67 $2,010.00 Storm Sewer Installation of 3,914 feet of 18 inch $83,368.20 47.34 $39,468.90 SLPP Installation of 14 vertical feet of $2,100.00 100 $2,100.00 manholes Installation of 45 inlets $36,750.00 44.02 $16,176.84 Culvert Westgate Drive Installation of 90 feet of 103 x 81 $11,991.60 100 $11,991.60 CMP Installation of one headwall and $9,990.00 100 $9,990.00 one endwall Culvert Parkway Drive Installation of 180 feet of 59 x 81 $19,141.20 100 $19,141.20 inch CMP Installation of one headwall and $15,720.00 100 $15,720.00 one endwall Water line Installation of 4,425 feet of 12 inch $117,262.50 41.42 $48,684.90 PVC main Installation of six 12 inch MJ $6,660.00 50 $3,330.00 Gate Valves Installation of six 6 inch MJ $2,820.00 50 $1,410.00 Gate Valves Installation of four 12 x 12 MJ Tees $1,200.00 50 $600.00 Installation of six 12 x 6 hydrant tees $1,920.00 50 $960.00 Installation of thirteen 12 inch bends $1,755.00 50 $877.50 Installation of six fire hydrants $14,400.00 50 $7,200.00 Installation of four ties into existing $6,000.00 50 $3,000.00 lines Installation of 12 valve boxes $1,200.00 50 $600.00 Installation of 13 thrust blocks $3,250.00 50 $1,625.00 Water service Installation of forty-two % inch $20,425.00 30 $6,127.50 short service Installation of thirty 3/ inch long $19,800.00 30 $5,940.00 service Curbing Grading and backfill of 8,825 lineal $15,461.25 33.63 $5,200.00 feet Installation of 8,835 lineal feet of $78,189.75 23.35 $18,256.93 rolled concrete curbing Paving Installation of 16,935 square yards of fine grade Installation of 16,935 square yards of 8 inch crushed #4 stone Installation of 16,935 square yards of 3 inch BCBC paving Change order Excavation for installation of 3,043 feet of electrical lines Excavation for installation of 2,710 feet of gas lines Installation of additional water lines and valves Installation of twenty rolls of straw matting erosion blanket Grub and clear Installation of electrical crossing: 506 feet of pipe and stone bedding Installation of gas crossing: 320 feet of pipe and stone bedding Additional clearing work Machine: 963 Cat Loader Cat 953 Loader Dump truck $11,007.75 35.6 $114,311.25 35.6 $170,196.45 35.6 $36,520.00 100 $32,520.00 $7,300.00 100 100 $960.00 100 $14,348.75 100 $7,600.00 100 $4,800.00 100 Hourly Rate: $100.00 $90.00 $65.00 Hours worked: 229.5 44.5 113.75 $3,918.27 $40,689.78 $60,582.34 $36,520.00 $32,520.00 $7,300.00 $960.00 $14,348.75 $7,600.00 $4,800.00 Amount owed: $22,950.00 $4,005.00 $7,393.75 t:3 3 L , Q - ? ? i' i f KEYSTONE CONTRACTING, INC., Claimant, V. CONSTANTINOS J. MALLIOS and ELAINE MALLIOS, Owners IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA : NO. 08-6891 MLD MECHANICS' LIEN CLAIM ACCEPTANCE OF SERVICE I, Susan Hartman, Esquire, accept service of the Notices of Filing of Mechanics' Lien Claim in the above-captioned matter on behalf of Constantinos J. Mallios and Elaine Mallios and certify that I am authorized to do so. Date: By: usan H , Esquire Duncan Ha an & Douglas PC 1 Irvine Row Carlisle, PA 17013-3019 Attorney for Owners, Constantinos J. Mallios and Elaine Mallios 4 ? ` y ? , . ? ?„ ,?; .,,??' . ?j ? ? "C' PRAECIPE In the Court of Common Pleas of Cumberland County, Pennsylvania Keystone Contracting. Inc., Plaintiff . VS. No. 2008 6891 Constantinos J. Mallios and Elaine Mallios, Defendant N 3_ c <? Please close and satisfy the above-referenced case. C) -G 11--_ Tw r= BY: 2010 Y C. CLARK, ESQUIRE 4 8.0o Po Alesfto6 ?wc aV* asga.oI zrt- 352 roa