Loading...
HomeMy WebLinkAbout09-6133 BBEC, INC., Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. INSITE DEVELOPMENT, LLC, d/b/a INSITE DEVELOPMENT, CIVIL ACTION - LAW NO. Civ?lTerk NOTICE TO DEFEND 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 defenses 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. Lawyer Referral Service Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 1-800-990-9108 RHOADS & SINON LLP By: Michael W. infield Kelly H. Decker One South Market Square P. O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 Attorneys for Plaintiff Defendants 752831.1 Michael W. Winfield, Esquire Attorney I.D. No. 72680 Kelly H. Decker, Esquire Attorney I.D. No. 84886 RHOADS & SINON LLP One South Market Square, 12th Floor P.O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 E-Mail: mwinfield@rhoads-sinon.com kdecker@rhoads-sinon.com Attorneys for Plaintiff BBEC, INC., Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. INSITE DEVELOPMENT, LLC, d/b/a INSITE DEVELOPMENT, CIVIL ACTION - LAW NO. COMPLAINT NOW COMES Plaintiff, BBEC, Inc., by its attorneys, Rhoads & Sinon LLP, and files the within Complaint upon a Mechanics' Lien Claim as follows: 1. Plaintiff, BBEC, Inc., ("Plaintiff' or "BBEC") is a Pennsylvania corporation with a principal place of business located at 507 North York Street, Mechanicsburg, Pennsylvania 17050. 2. Defendant Insite Development LLC ("Insite Development"), upon information and belief is a Pennsylvania Limited Liability corporation, with a registered place of business located at 1943 Monterey Drive, Mechanicsburg, Pennsylvania 17050. Upon information and belief, Insite Development's current principal place of business is 2055 Technology Parkway, Mechanicsburg, PA 17055. Defendants 752831.1 I k 3. Plaintiff filed a Mechanics' Lien Claim on or about May 28, 2009, in the Court of Common Pleas of Cumberland County, Pennsylvania, at Mechanics' Lien No. 09-3538 MLD, a copy of which is attached hereto as Exhibit "A". The averments set forth in the Mechanics' Lien Claim are hereby incorporated in reference in further support of this claim. 4. The party with whom Plaintiff contracted in connection with its Mechanics Lien Claim is Insite Development. A true and correct copy of the contract entered into between Plaintiff and Insite Development is attached to the Mechanics Lien Claim referenced below. 5. Insite Development is the record Owner of the property upon which the work was performed that gives rise to the Mechanics' Lien Claim upon which this Complaint is filed. 6. As more fully described in Exhibit "A" attached hereto, Plaintiff supplied labor and materials which were incorporated in the construction of a hotel building on the property owned by Insite Development, for which Plaintiff has not been paid 7. The amount of Plaintiff's claim is $188,825.70. 8. Plaintiff has satisfied all conditions precedent to the filing of this Complaint. WHEREFORE, Plaintiff BBEC, Inc. demands judgment against the Defendants in the sum of $188,825.70, along with interest, cost, and such other relief as the Court deems appropriate. -2- 752831.1 RHOADS & SINON LLP 6:. & XYZ 7 By: MOiLd IC11- Michael W nfield Kelly H. De r One South Market Square P. O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 Attorneys for Plaintiff -3- 752831.1 VERIFICATION Christopher R. Anderson, deposes and says, subject to the penalties of 18 Pa. C.S. §4904 relating to unworn falsification to authorities, that he is the Vice President/Controller of BBEC, Inc., that he makes this verification by its authority and that the facts set forth in the Complaint are true and correct to the best of his knowledge, information and belief. 4-11`17cl 2ex? ?- /f Date Christophe R. Anderson Michael W. Winfield, Esquire Attorney I.D. No. 72680 Kelly H. Decker, Esquire Attorney I.D. No. 84886 RHOADS & SINON LLP One South Market Square, 12th Floor P.O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 Attorneys for Claimant BBEC, INC., Claimant V. INSITE DEVELOPMENT, LLC d/b/a INSITE DEVELOPMENT, Owner IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW MECHANICS LIEN NO. J 3 5J3 ' NOTICE OF FILING OF MECHANICS' LIEN CLAIM To: Insite Development, LLC 1943 Monterey Drive Mechanicsburg, PA 17050 Insite Development LLC 2055 Technology Parkway Mechanicsburg, PA 17055 You are notified that a Mechanics' Lien Claim in the amount of $188,825.70 has been filed on behalf of BBEC, Inc. against the improvements and property located at 2055 Technology Parkway, Mechanicsburg, Cumberland County, Pennsylvania, and identified as Tax Parcel No. 10-14-0839-023. This claim was filed on May, 2009 in the Court of Common Pleas of Cumberland County, Pennsylvania, docketed as referenced above. A copy of this Claim is attached. RHOADS & SINON LLP By: I. I C ? ??' 'T ' - , O D et my hand f (i n i o S , : Testn?o?,;? In Pa. tarlisle r at e and the sca?,?, ? , r n This ._ ? . ......... tary Prot no eiA.,z 17 Michael infield Kelly H. Decker One South Market Square P. O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 Attorneys for Claimant 743583.1 Michael W. Winfield, Esquire Attorney I.D. No. 72680 Kelly H. Decker, Esquire Attorney I.D. No. 84886 RHOADS & SINON LLP One South Market Square, 12th Floor P.O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 Attorneys for Claimant BBEC, INC., V. Claimant, INSITE DEVELOPMENT, LLC d/b/a INSITE DEVELOPMENT, Owner(s) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW MECHANICS LIEN NO. 0 % 3 ?--3 d MECHANICS' LIEN CLAIM Claimant, BBEC, Inc. (`BBEC"), through its undersigned counsel, Rhoads & Sinon LLP, files this Claim against the improvements and property located at 2055 Technology Parkway, Mechanicsburg, Cumberland County, Pennsylvania, which is more fully described in the Deed attached hereto as part of Exhibit A ("Property"), for the payment of a debt due to BBEC pursuant to a written contract between BBEC and Insite Development, LLC ("Insite")l. In support of this Claim, BBEC avers as follows: 1. BBEC is a Pennsylvania corporation with a principal place of business located at 507 North York Street, Mechanicsburg, PA 17050. BBEC is the party Claimant and files in the capacity of Contractor to Insite. 2. Insite Development LLC, upon information and belief, is a Pennsylvania limited liability corporation, with a principal place of business located at 1943 Monterey Drive, 1"Insite Development" is identified in BBEC's contract as the "Owner." Upon information and belief, the correct and full name of Insite Development is Insite Development LLC, as identified on the Deed. 743583.1 Mechanicsburg, Pennsylvania 17050. Insite Development LLC is the record Owner of the Property. 3. The date of completion of BBEC's work on the Property was April 8, 2009. 4. BBEC performed its work, pursuant to a written contract with Insite, a true and correct copy of which is attached as Exhibit "B." 5. The general nature and character of the labor and materials furnished by BBEC is described on the second page of the written contract referenced in paragraph 4 above and on various change orders, copies of which are attached as Exhibit "C". 6. The unpaid amount due and owing to BBEC for which this Lien is asserted is $188,825.70. 7. The Property subject to the lien is the property located at 2055 Technology Parkway, Mechanicsburg, Pennsylvania, which is located in the Cumberland Technology Park, identified as Tax Parcel No. 10-14-0839-023, and more fully described in the Deed attached hereto Exhibit "A". The improvement to the Property is the construction of a Comfort Suites Hotel building, and related appurtenances, of which BBEC performed the work identified in paragraph 5 above. WHEREFORE, BBEC, INC. respectfully requests that a Mechanics' Lien be issued in the amount of $188,825.70 against the Property. -2- 743583.1 RHOADS & SINON LLP Ljol.j g. I By: Michael W. nfield Kelly H. Dec er One South Market Square P. 0. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 Attorneys for Claimant -3- 743583.1 VERIFICATION Christopher R. Anderson, deposes and says, subject to the penalties of 18 Pa. C.S. §4904 relating to unworn falsification to authorities, that he is the Vice President/Controller of BBEC, Inc., that he makes this verification by its authority and that the facts set forth in the Mechanics' Lien Claim are true and correct to the best of his knowledge, information and belief. Date Christopher R. Anderson 743583.1 EXHIBIT A 577144 .I vr.? .? _. . -.rw . w.. .?.... ?.w . ?.wv \, wrr\n .' \1 ..A/I 1 f JJf 6.4.1V r VV If VVY 7?(Ell .? ROBERT P. NEGi_ER C %E'^fiDER OF DEED" E 'P M moo IZ fm 8 42 THIS DEED Tax Parcel Nos. 10-140839-023 Made the 4 ?• day of March, in the year of our Lord two thousand seven (2007) Betweeri MT. ZION ASSOCIATES L.P., a Pennsylvania limited partnership, party of the first part ("Grantors) AND INSITE DEVELOPMENT, LLC, a Pennsylvania limited liability company, party of the second part ("Grantee") WITNESSM, that the said Grantor, for and in consideration of the sum of Eight Hundred Forty Thousand and 001100 ($840,000.00) Dollars lawful money of the United States unto Grantor well and truly paid by the Grantee, the receipt of which is hereby acknowledged, does hereby grant, bargain, sell, alien, enfeoff, release, convey and confirm unto the said Grantee, Grantee's successors and assigns, LOT 5: ALL THAT CERTAIN tract of land situate in the Township of Hampden, Cumberland County, Pennsylvania known as Lot 5 on the Final ReSubdMsion Plans Phase 2A and 2B for Cumberland Technology Park recorded in Plan Book 81 page 53 and bounded and described as follows: BEGINNING at an iron pin, said point being the southeastern corner of the intersection of Mt. Zion Road, having a 50 foot 'legal right-of-way and Technology Parkway, having a 80 foot legal right-of-way; thence along the southem right-of-way line of Mt. Zion Road South 79 degrees 33 minutes 17 seconds East a distance of 180.88 feet to a point on said southem right-of-way line of Mt. Zion Road; thence leaving said right-of-way line and along the property now or formerly Russet C. Mack 8 Anna-E. Mack South 14 degrees 40 minutes 43 seconds West a distance of 152.88 feet to a point; thence continuing along the property now or formerly Russel C. Meck & Anna E. Meck South 79 degrees 33 minutes 17 seconds East a distance of 99.79 feet to a point on the line of property now or formerly Larry S. Myers and Audrey M. Myers; thence along said property now or formerly Larry S. Myers and Audrey M_ Myers South 26 degrees 08 minutes 36 seconds West a distance of 272.25 feet to an iron pin, said point being the common comer of now or formerly Larry S. Myers and Audrey M. Myers, now or formerly Pinnacle Health Hospitals and the tract of land herein described; thence along said now or formerly Pinnacle Health Hospitals South 62 degrees 20 minutes 41 seconds West a distance bf 157.13 feet to an iron pin on the eastem right- 5L! 707568v1/0000o0.D0Doo br,'V 279 39S ...-_...--.. of-way line of Technology Parkway; thence along said eastern right-of-way line of Technology Parkway along a curve to the right having a radius of 455 feet and a length of 302.72 feet to an iron pin on the eastern right-of-way line of Technology Parkway; thence continuing along the eastern right-of-way One of Technology Parkway North 10 degrees 27 minutes 53 seconds East, a distance of 205.62 feet to an iron pin on the eastern right-of-way fine of Technology Parkway; thence continuing along the eastern right-of-way tine of Technology Parkway along a curve to the right having a radius of 25.00 feet and a length of 39.26 feet to an iron pin on the eastern right-of-way line of Technology Parkway, said point being the juncture of Technology Parkway and Mt. Zion Road, said also being the place of BEGINNING. CONTAINING 104,584.05 square feet (2.401 acres), more or less. EXCEPTING AND RESERVING a 20 foot wide trail easement and a detention basin easement more particularly bounded and described on Final Resubdivision Plans, Phase 2A & 2B for Cumberland Technology Park, recorded In Cumberland County Plan Book 81 Page 53. BEING A portion of property which McNaughton Properties, Inc., a Pennsylvania corporation, by deed dated November 4, 1997 and recorded November 5, 1997 in Cumberland County Deed Book 167, Page 327, granted and conveyed unto Mt. Zion Associates L.P., a Pennsylvania Limited Partnership. Being Tax Parcel 10-14-0839-023 UNDER AND SUBJECT to al1 restrictions, reservations, easements, covenants, conditions and rights-of-way of record. TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging or in anywise appertaining and the reversions and remainders, rents, Issues and profits thereof and all the estate, right, title; interest, property, claim and demand whatsoever of the Grantor, in law, equity or otherwise, of, in and to the same and every part thereof. TO HAVE AND TO HOLD the above-described premises with the appurtenances unto the Grantee, Grantee's successors and assigns, forever. AND the said Grantor hereby covenants and agrees that it will warrant specially the property hereby conveyed. sW 70755WA ooooo.ooooo 600X 2'?9 racF 397 %. . .,. .. __. ---- In LMtnew Whereof, the Grantor has hereunto set its hand and seal the day and year first above written. ATTEST: (Asst.) Secretary Mt. Zion Associates, L.P. by its sole General Partner, Mt. Zion Associates, Inc. By: Philp Markovitz Cy- ice President Commonwea f Pennsylvania SS.. County of On this, the qP4 day of March, 2007, before me, a Notary Public, the undersigned officer, personally appeared Philip Ma*ovitz, V= President of Mt. Zion Associates, Inc., a Pennsylvania corporation, the sole general partner of mt. Zion Associates L.P., a Pennsylvania limited partnership, known to me (or soti proven) to be the person whose name is subscribed to the within deed and acknowledged that he as such officer executed the same for the pu contained on behalf of the corporation, as general partner of the Limited In WItnew Whereof, I hereunto set my)lin? and official seal. NOTARIAL SEAL , DEBORAH N. K004 NowCdm* t' AMc NO ry PU IC Swamftiop.,Owl MyC fission Expires: Canni(alon EvOw June 3, I Hereby Certify that the precise residence of the Grantee is: 1943 Monterey. Drive . Mechanicsburg, PA 17050 S L 1 707 S B i v U000000.00000 Attorney for Grantee S-06 279 ?AcF 398 . .w.r? vv-? 02/0612009 15:26 Patricia Si. Istracting (h 1/ 33/ L[4%1 r.VUg1VV•4 Commonwoa/th of Pennsylvania . SS. County of Cumberland . Recorded on this day of , 2006, in the Cumberland County Recorder of Deeds Office in Record/Deed Book , Volume , Page Given under my hand and the seal of the said Office the date above written. Cumberland County Recorder of Deeds S:1Legal\DeedslCumberiandTech-DeedtolnsheDev.wpd 319107 12:56 PM I Certify this to be recorded In Cumberland County PA .x`70 o Recorder of Deeds j4 A Q 0? n 1+1 i 1 s VM r' ??J? x' ? • o C c a - t vr?l sin .x.70 ?a .?+_Q• 1 1 1 N ?C 7C3' c ? .. • A 41 co C2 d i.d G a 2 0 -1 .•? -•4 • .e C" y 7? -4 A F? C6 tl- • a ME v a n ? •_ _ b rM j? r., ?7 arye ' ra r r O F. G ? • C ?t ' is i 279 PACE 399 rt ] 5Ll 70756SYMOOM.00000 1. _ m F IT fi r m 03 .s i' f N3 ? mo co • • S w 46..11V 0 0 r . ? Cq .6 C?1 O O4 Q C1 OOO A C.1 f ooooocsoeooeoa c EXHIBIT B IDU ~` v - THE AMERICAN INSTITUTE AfA Document A107 OF ARCHITECTS ABBREVIATED FORM` OF AGREEMENT BETWEEN OWNER AND CONTRACTOR For CONSTRUCTION PROJECTS OF LIMITED SCOPE where the Basis of Payment is a STIPULATED SUM 1987 EDITION THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION This document includes abbreviated General Conditions and should not be used with other general conditions. It has been approved and endorsed by The Associated General Contractors of America AGREEMENT made as of the 9t* day of April in the year of Two Thousand Eight. BETWEEN the Owner: Insite Development (Name and address) 1943 Monterey Drive Mechanicsburg, PA 17050 7171319-1159 ? 717/236-5570 Fax and the Contractor: BSEC, Inc. (Name and address) 507 North York Street Mechanicsburg„ PA 17055 7171697-5425 ? 7171697-5422 Fax The Project is: COMFORT SUITES (Name and location Valley Road Mechanicsburg, PA 17055 The Architect is: MWT Architecture, PC (Name and address) 520 Collins Aikman Drive, Suite 200 Charlotte, NC 28262 The Owner and Contractor agree as set forth below. AIA DOCUMENT A107 - ABBREVIATED OWNER-CONTRACTOR AGREEMENT - NINTH EDITION - AIAG • 01987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 AI 07-1987-1 WARNING: Unlicensed photocopying violates. U.S. copyright laws and is subject to legal prosecution. ARTICLE 1 THE WORK OF THIS CONTRACT 1.1 The Contractor shall execute the entire Work described in the Contract Documents, except to the extent specifically indicated in the Contract Documents to be the responsibility of others, or as follows: This scope of work is based upon BBEC Proposal dated March 19, 2008 for the Comfort Suites project. Furnish all labor and material necessary for Division 16 electrical work including: ¦ Lighting in building and parking garage ¦ Gear, feeders, branch wiring and connections to HVAC equipment, pool equipment and elevator • Electrical devices (receptacles and switches) Clarifications: ¦ Site work by others-all work to 5' outside of building by site contractor ¦ Utilizing 277/480V service with aluminum feeders ¦ All wiring installed per NEC • Telecom and TV wiring to be run in bridle rings • No generator needed-will utilize battery back-up emergency lighting per NEC • VE lighting package and gear package included • Equipment provided by others to be 480V where available; ie: HVAC, elevator, pool equipment, etc. • PTAG units must be 277V • Fire Alarm per NEC • Security/card access/CCTV by others, if any ¦ Head-end phone/data equipment by others • Provide temporary lighting and power ARTICLE 2 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 2.1 The date of commencement is the date from which the Contract Time of Paragraph 2.2 is measured, and shall be the date of this Agreement, as first written above, unless a different date is stated below or provision is made for the date to be fixed in a notice to proceed issued by the Owner. (Insert the date of commencement, if it differs from the date of this Agreement or, if applicable, state that the date will be fixed in a notice to proceed.) To Be Determined 2.2 The Contractor shall achieve Substantial Completion of the entire Work not later than (Insert the calendar date or number of calendar days after the dale of commencement. Also insert any requirements for earlier Substantial Completion of certain portions of the Work, if not stated elsewhere in the Contract Documents.) To Be Determined subject to adjustments of this Contract Time as provided in the Contract Documents. (Insert provisions, if any, for liquidated damages relating to failure to complete on time.) AIA DOCUMENT A107 - ABBREVIATED OWNER-CONTRACTOR AGREEMENT - NINTH EDITION - AIA® • 01987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 Al 07-1987-2 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. ARTICLE 3 CONTRACT SUM 3.1 The Owner shall pay the Contractor in current funds for the Contractor's performance of the Contract the Contract Sum of Six hundred ten thousand 'Dollars ($610,000.00) subject to additions and deductions as provided in the Contract Documents. ARTICLE 6 CONTRACT DOCUMENTS 6.1.4 The Drawings are as follows, and are dated unless a different date is shown below: (Either list the Drawings hue or refer to an exhibit attached to this Agreement.) Number Title Date 6.1.5 The Addenda, if any, are as follows: Numb er Title Pages Portions of Addenda relating to bidding requirements are not part of the Contract Documents unless the bidding requirements are also enumerated in this Article 6. 6.1.6 Other documents, if any, forming part of the Contract Documents are as follows: (fist any additional documents which are intended to form part of the Contract Documents) BBEC, Inc. Proposal dated March 19, 2008. GENERAL CONDITIONS ARTICLE 7 CONTRACT DOCUMENTS 7.1 The Contract Documents consist of this Agreement with Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, addenda issued prior to the execution of this Agreement other documents listed in this Agreement and Modifications issued after execution of this Agreement. The intent of the Contract Documents is to include all items necessary for the proper execution and completion of the Work by the Contractor. The Contract Documents are complementary, and what is required by one shall be as binding as if required by all; performance by the Contractor shall be required only to the extent consistent with the Contract Documents and reasonably inferable from them as being necessary to produce the intended results. 7.2. The Contract Documents shall not be construed to create a contractual relationship of any kind (1) between the Architect and Contractor, (2) between the Owner and a Subcontractor or Sub-subcontractor or (3) between any persons or entities other than the Owner and Contractor. 7.3 Execution of the Contract by the Contractor is a representation that the Contractor has visited the site and become familiar with the local conditions under which the Work is to be performed. AIA DOCUMENT A107 -ABBREVIATED OWNER-CONTRACTOR AGREEMENT - NINTH EDITION • AIA®• 0 1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 Al 07-1987-3 WARNING: Unlicensed photocopying violates U.S. copyright laws and is sublect to legal prosecution. 7.4 The term `Work" means the construction and services required by the Contract Documents, whether completed or partially completed, and includes all other labor, materials, equipment and services provided or to be provided by the Contractor to fulfill the Contractor's obligations. The Work may constitute the whole or a part of the Project. ARTICLE 8 OWNER 8.1 The Owner shall furnish surveys and a legal description of the site. 8.2 Except for permits and fees which are the responsibility of the Contractor under the Contract Documents, the Owner shall secure and pay for necessary approvals, easements, assessments and charges required for the construction, use or occupancy of permanent structures or permanent changes in existing facilities. i 8.3 If the Contractor falls to correct Work which is not i* accordance with the requirements of the Contract Documents or persistently falls to carry out the Work iii accordance with the Contract Documents, the Owner, by a written order, may order the Contractor to stop Ahe Work, or any portion thereof, until the cause for such order has been eliminated; however, the right of: the Owner to stop the Work shall not give rise to a duty on the part of the Owner to exercise this right for the benefit of the Contractor or any other person or entity. ARTICLE 9 CONTRACTOR, 9.1 The Contractor shall supervise and direct the Work, using the Contractor's best skill and attention. The Contractor shall be solely responsible for and have control over construction means, methods, techniques, sequences and procedures and for coordinating alli portions of the Work under the Contract, unless Contract Documents give other specific instructions concerning these matters. 9.2 Unless otherwise provided in the Contract Documents, the Contractor shall provide and pay for labor, materials, equipment, tools, construction equipmenf and machinery, water, heat, utilities, transportation, and other facilities and services necessary for tfie proper execution and completion of the Work, whether temporary or permanent and whether or not incorporated or to be incorporated in the Work. 9.3 The Contractor shall enforce strict discipline and good order among the Contractor's employees and other persons carrying out the Contract. The Contractor shall not permit employment of unfit persons or persons not skilled in tasks assigned to them. 9.4 The Contractor warrants to the Owner and Architect that materials and equipment furnished under the Contract will be of good quality and new unless otherwise required or permitted by the Contract. Documents, that the Work will be free from defects not inherent in the quality required or permitted, and that the Work will conform with the requirements of the Contract Documents. Work not conforming to these requirements, including substitutions not properly approved and authorized, may be considered defective. The Contractor's warranty excludes remedy for damage or defect caused by abuse, modifications not executed by the Contractor, improper or insufficient maintenance, improper operation, or normal wear and tear under normal usage. If required by the Architect, the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. 9.5 Unless otherwise provided in the Contract Documents, the Contractor shall pay sales, consumer, use, and other similar taxes which are legally enacted when bids are received or negotiations concluded, whether or not yet effective or merely scheduled to go into effect, and shall secure and pay for the building permit ALA DOCUMENT Al 07 - ABBREVIATED OWNER-CONTRACTOR AGREEMENT • NINTH EDITION - AIA® • 01987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 Al 07-1987-4 WARNING: Unlicensed photocopying violates U.S. copyright laws and is sublectto legal prosecution. and other permits and governmental fees, licenses and inspections necessary for proper execution and completion of the Work. 9.6 The Contractor shall comply with and give notices required by laws, ordinances, rules, regulations, and lawful orders of public authorities bearing on performance of the Work. The Contractor shall promptly notify the Architect and Owner if the Drawings and Specifications are observed by the Contractor to be at variance therewith. 9.7 The Contractor shall be responsible to the Owner for the acts and omissions of the Contractor's employees, Subcontractors and their agents and employees, and other persons performing portions of the Work under a contract with the Contractor. 9.8 The Contractor shall review, approve and submit to the Architect Shop Drawings, Product Data, Samples and similar submittals required by the Contract Documents with reasonable promptness. The Work shall be in accordance with approved submittals. When professional certification of performance criteria of materials, systems or equipment is required by the Contract Documents, the Architect shall be entitled to rely upon the accuracy and completeness of such certifications. 9.9 The Contractor shall. keep the premises and surrounding area free from accumulation of waste materials or rubbish caused by operations under the Contract. At completion of the Work the Contractor shall remove from and about the Project waste materials, rubbish, the Contractor's tools, construction equipment, machinery and surplus materials. 9.10 The Contractor shall provide the Owner and Architect access to the Work in preparation and progress wherever located 9.11 The Contractor shall pay all royalties and license fees; shall defend suits or claims for infringement of patent rights and shall hold the Owner harmless from loss on account thereof, but shall not be responsible for such defense or loss when a particular design, process or product of a particular manufacturer or manufacturers is required by the Contract Documents unless the Contractor has reason to believe that there is an infringement of patent. 9.12 To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the Owner, Architect, Architect's consultants, and agents and employees of any of them from and against claims, damages, losses and expenses, including but not limited to attorneys' fees, arising out of or resulting from performance of the Work, provided that such claim, damage, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself] including loss of use resulting therefrom, but only to the extent caused in whole or in part by negligent acts- or omissions of the Contractor, a Subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, regardless of whether or riot such claim, damage, loss or expense is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity which would otherwise exist as to a party or person described in this Paragraph 9.12. 9.12.1 In claims against any person or entity indemnified under this Paragraph 9.12 by an employee Of the Contractor, a Subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, the indemnification obligation under this Paragraph 9.12 shall not be limited by a limitation on amount or type of damages, compensation or benefits payable by or for the Cori tractor or a Subcontractor under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. 9.12.2 The obligations of the Contractor under this Paragraph 9.12 shall not extend to the liability of the Architect, the Architect's consultants, and agents and employees of any of them arising out of (1) the preparation or approval of maps, drawings, opinions, reports, surveys, Change Orders, Construction Change Directives, designs or specifications, or (2) the giving of or the failure to give directions or instructions by ALA DOCUMENT A107 • ABBREVIATED OWNER-CONTRACTOR AGREEMENT • NINTH EDITION • AIA® - 01987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORIK AVENUE, N.W., WASHINGTON, D.C. 20006 Al 07-1987-5 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. the Architect, the Architect's consultants, and agents and-employees of any of them provided such giving or failure to give is the primary cause of the injury or damage. ARTICLE 10 ADMINISTRATION OF THE CONTRACT 10.1 The Architect will provide administration of the Contract and will be the Owner's representative (1) during construction, (2) until final payment is due and (3) with the Owner's concurrence, from time to time during the correction period described in Paragraph 18.1 10.2 The Architect will visit the site at intervals appropriate to the stage of construction to become generally familiar with the progress and quality of the completed Work and to determine in general if the Work is being performed in a manner indicating that the Work, when completed, will be in accordance with the Contract Documents. However, the Architect will not be required to make exhaustive or continuous on- site inspections to check quality or quantity of the Work. On the basis of on site observations as an architect, the Architect will keep the Owner informed of progress of the Work and will endeavor to guard the Owner against defects and deficiencies in the Work. 10.3 The Architect will not have control over or charge of and will not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, since these are solely the Contractor's responsibility as provided in Paragraphs 9.1 and 16.1. The Architect will not be responsible for the Contractor's failure to carry out the Work in accordance with the Contract Documents. 10.4 Based on the Architect's observations and evaluations of the Contractor's Applications for Payment, the Architect will review and certify the amounts due the Contractor and will issue Certificates for Payment in such amounts. 10.5 The Architect will interpret and decide matters concerning performance under and requirements of the Contract Documents on written request of either the Owner or Contractor. The Architect will make initial decisions on all claims, disputes or other matters in question between the Owner and Contractor, but will not be liable for results of any interpretations or decisions rendered in good faith. The Architect's decisions in matters relating to aesthetic effect will be final if consistent with the intent expressed in the Contract Documents. All other decisions of the Architect, except those which have been waived by making or acceptance of final payment, shall be subject to arbitration upon the written demand of either parry. 10.6 The Architect will have authority to reject Work which does not conform to the Contract Documents. 10.7 The Architect will review and approve or take other appropriate action upon the Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. 10.8 All claims or disputes between the Contractor and the Owner arising out or relating to the Contract, or the breach thereof, shall be decided by arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association currently in effect unless the parties mutually agree otherwise and subject to an initial presentation of the claim or dispute to the Architect as required under Paragraph 10.5. Notice of the demand for arbitration shall be filed in writing with the other party to this Agreement and with the American Arbitration Association and shall be made within a reasonable time after the dispute has arisen. The award rendered by the arbitrator or arbitrators shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. Except by written consent of the person or entity sought to be joined, no arbitration arising Out of or relating to the Contract Documents shall include, by consolidation, joinder or in any other manner, any person or entity not AIA DOCUMENT Al 07 - ABBREVIATED OWNER-CONTRACTOR AGREEMENT - NINTH EDITION • AIAO.01987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 Al 07-1987-6 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. a party to the Agreement under which such arbitration arises, unless it is shown at the time the demand for arbitration is filed that (1) such person or entity is substantially involved in a common question of fact or law, (2) the presence of such person or entity is required if complete relief is to be accorded in the arbitration, (3) the interest or responsibility of such person or entity in the matter is not insubstantial, and (4) such person or entity is not the Architect or any of the Architect's employees or consultants. The agreement herein among the parties to the Agreement and any other written agreement to arbitrate referred to herein shall be specifically enforceable under applicable law in any court having jurisdiction thereof. ARTICLE 11 SUBCONTRACTS 111 A Subcontractor is a person or entity who has a direct contract with the Contractor to perform a portion of the Work at the site. 11.2 Unless otherwise stated in the Contract Documents or the bidding requirements, the Contractor, as soon as practicable after award of the Contract, shall furnish in writing to the Owner through the Architect the names of the Subcontractors for each of the principal portions of the Work. The Contractor shall not contract with any Subcontractor to whom the Owner or Architect has made reasonable and timely objection. The Contractor shall not be required to contract with anyone to whom the Contractor has made reasonable objection. Contracts between the Contractor and Subcontractors shall (1) require each Subcontractor, to the extent of the Work to be performed by the Subcontractor, to be bound to the Contractor by the terms of the Contract Documents, and to assume toward the Contractor all the obligations and responsibilities which the Contractor, by the Contract Documents, assumes toward the Owner and Architect, and (2) allow to the Subcontractor the benefit of all rights, remedies and redress afforded to the Contractor by these Contract Documents. ARTICLE 12 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS 12.1 The Owner reserves the right to perform construction or operations related to the Project with the Owner's own forces, and to award separate contracts in connection with other portions of the Project or other construction or operations on the site under conditions of the contract identical or substantially similar to these, including those portions related to insurance and waiver of subrogation. If the Contractor claims that delay or additional cost is involved because of such action by the Owner, the Contractor shall make such claim as provided elsewhere in the Contract Documents. 12.2 The Contractor shall afford the Owner and separate contractors reasonable opportunity for the introduction and stor7 - age of their materials and equipment and performance of their activities, and shall connect and coordinate the Contractor's construction and operations with theirs as required by the Contract Documents. 12.3 Costs caused by delays, improperly timed activities or defective construction shall be borne by the party responsible therefore. ARTICLE 13 CHANGES IN THE WORK 13.1 The Owner, without invalidating the Contract, may order changes in the Work consisting of additions, deletions or modifications, the Contract Sum and Contract Time being adjusted accordingly. Such changes in the Work shall be authorized by written Change Order signed by the Owner, Contractor and Architect, or by written Construction Change Directive signed by the Owner and Architect. AIA DOCUMENT A107 - ABBREVIATED OWNER-CONTRACTOR AGREEMENT - NINTH EDITION - AIA® - 01987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 Al 07-1987-7 WARNING: Unlicensed photocopying violates U.S. copyright laws and Is subject to legal prosecution. 13.2 The Contract Sum and Contract Time shall be changed only by Change Order. 13.3 The cost or credit to the Owner from a change in the Work shall be determined by mutual agreement. ARTICLE 14 TIME 14.1 Time limits stated in the Contract Documents are of the essence of the Contract. By executing the Agreement the Contractor confirms that the Contract Time is a reasonable period for performing the Work. 14.2 The date of Substantial Completion is the date certified by the Architect in accordance with Paragraph 15.3. 14.3 If the Contractor is delayed at any time in progress of the Work by changes ordered in the Work, by labor disputes, fire, unusual delay in deliveries, abnormal adverse weather conditions not reasonably anticipatable, unavoidable casualties or any causes beyond the Contractor's control, or by other causes which the Architect determines may justify delay, then the Contract Time shall be extended by Change Order for such reasonable time as the Architect may determine. ARTICLE 15 PAYMENTS AND COMPLETION 15.1 Payments shall be made as provided in Articles 4 and 5 of this Agreement. 15.2 Payments may be withheld on account of (1) defective Work not remedied, (2) claims filed by third parties, (3) failure of the Contractor to make payments properly to Subcontractors or for labor, materials or equipment, (4) reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract Sum, (5) damage to the Owner or another contractor, (6) reasonable evidence that the Work will not be completed within the Contract Time and that the unpaid balance would not be adequate to cover actual or liquidated damages for the anticipated delay, or (7) persistent failure to carry out the Work in accordance with the Contract Documents. 15.3 When the Architect agrees that the Work is substantially complete, the Architect will issue a Certificate of Substantial Completion. 15.4 Final payment shall not become due until the Contractor has delivered to the Owner a complete release of all liens arising out of this Contract or receipts in full covering all labor, materials and equipment for which a lien could be filed, or a bond satisfactory to the Owner to indemnify the Owner against such lien. If such lien remains unsatisfied after payments are made, the Contractor shall, refund to the Owner all money that the Owner may be compelled to pay in discharging such lien, including all costs and reasonable attorneys' fees. 15.5 The making of final payment shall constitute a waiver of claims by the Owner except those arising from: .1 liens, claims, security interests or encumbrances arising out of the Contract and unsettled; .2 failure of the Work to comply with the requirements of the Contract Documents; or .3 terms of special warranties requited by the Contract Documents. AIA DOCUMENT A107 • ABBREVIATED OWNER-CONTRACTOR AGREEMENT • NINTH EDITION - AIAO - ®1.987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 Ai 07-1987-8 WARNING: Unlicensed photocopying violates U.S. copyright laws and Is subject to legal prosecution. Acceptance of final payment by the Contractor, a Subcontractor or material supplier shall constitute a waiver of claims by that payee except those previously made in writing and identified by that payee as unsettled at the time of final Application for Payment. ARTICLE 16 PROTECTION OF PERSONS AND PROPERTY 16.1 The Contractor shall be responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the performance of the Contract. The Contractor shall take reasonable precautions for safety of, and shall provide reasonable protection to prevent damage, injury or loss to: . I employees on the Work and other persons who may be affected thereby; .2 the Work and materials and equipment to be incorporated therein; and .3 other property at the site or adjacent thereto. The Contractor shall give notices and comply with applicable laws, ordinances, rules, regulations and lawful orders of public authorities bearing on safety of persons and property and their protection from damage, injury or loss. The Contractor shall promptly remedy damage and loss to property at the site caused in whole or in part by the Contractor, a Subcontractor, a Sub-subcontractor, or anyone directly or indirectly employed by any of them, or by anyone for whose acts they may be liable and for which the Contractor is responsible under Subparagraphs 16.1.2 and 16.1.3, except for damage or loss attributable to acts or omissions of the Owner or Architect or by anyone for whose acts either of them may be liable, and not attributable to the fault or negligence of the Contractor. The foregoing obligations of the Contractor are in addition to the Contractor's obligations under Paragraph 9.12. 162 The Contractor shall not be required to perform without consent any Work relating to asbestos or polychlorinated biphenyl (PCB). ARTICLE 17 INSURANCE 17.1 The Contractor shall purchase from and maintain in a company or companies lawfully authorized to do business in the jurisdiction in which the Project is located insurance for protection from claims under workers' or workmen's compensation acts and other employee benefit acts which are applicable, claims for damages because of bodily injury, including death, and from claims for damages, other than to. the Work itself, to property which may arise out of or result from the Contractor's operations under the Contract, whether such operations be by the Contractor or by a Subcontractor or anyone directly or indirectly employed by any of them. This insurance shall be written for not less than limits of liability specified in the Contract Documents or required by law, whichever coverage is greater, and shall include contractual liability insurance applicable to the Contractor's obligations under Paragraph 9.12. Certificates of such insurance shall be filed with the Owner prior to the commencement of the Work. 17.2 The Owner shall be responsible for purchasing and maintaining the Owner's usual liability insurance. Optionally, the Owner may purchase and maintain other insurance for self-protection against claims which may arise from operations under the Contract. The Contractor shall not be responsible for purchasing and maintaining this optional Owner's liability insurance unless specifically required by the Contract Documents. 17.3 Unless otherwise provided, the Owner shall purchase and maintain, in a company or companies lawfully authorized to do business in the jurisdiction' in which the Project is located, property insurance upon the entire Work at the site to the full insurable value thereof. This I insurance shall be on an all-risk policy form and shall include interests of the Owner, the Contractor, Subcontractors and Sub-subcontractors AIA DOCUMENT Al 07 - ABBREVIATED OWNER-CONTRACTOR AGREEMENT • NINTH EDITION - AIA® - 01987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C, 20006 AI 07-1987-9 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. in the work and shall insure against the perils of fire and extended coverage and physical loss or damage including, without duplication of coverage, theft, vandalism and malicious mischief. 17.4 A loss insured under Owner's property insurance shall be adjusted with the Owner and made payable to the Owner as fiduciary for the insureds, as their interests may appear, subject to the requirements of any applicable mortgagee clause. 17.5 The Owner shall file a copy of each policy with the Contractor before an exposure to loss may occur. Each policy shall contain a provision that the policy will not be cancelled or allowed to expire until at least 30 days' prior written notice has been given to the Contractor. 17.6 The Owner and Contractor waive all rights against each other and the Architect, Architect's consultants, separate contractors described in Article 12, if any, and any of their subcontractors; sub- subcontractors, agents and employees, for damages caused by fire or other perils to the extent covered by property insurance obtained pursuant to this Article 17 or any other property insurance applicable to the Work, except such rights as they may have to the proceeds, of such insurance held by the Owner as fiduciary The Contractor shall require similar waivers in favor of the Owner and the Contractor by Subcontractors and Sub-subcontractors. The Owner shall require similar waivers in favor of the Owner and Contractor by the Architect, Architect's consultants, separate contractors described in Article 12, if any, and the subcontractors, sub-subcontractors, agents and employees of any of them. ARTICLE 18 CORRECTION OF WORK 18.1 The Contractor shall promptly correct Work rejected by the Architect or failing to conform to the requirements of the Contract Documents, whether observed before or after Substantial Completion and whether or not fabricated, installed or completed, and shall correct any Work found to be not in accordance with the requirements of the Contract Documents within a period of one year from the date of Substantial Completion of the Contract or by terms of an applicable special warranty required by the Contract Documents. The provisions of this Article 18 apply to Work done by Subcontractors as well as to Work done by direct employees of the Contractor. 18.2 Nothing contained in this Article 18 shall be construed to establish a period of limitation with respect to other obligations which the Contractor might have under the Contract Documents. Establishment of the time period of one year as described in Paragraph 18.1 relates only to the specific obligation of the Contractor to correct the Work, and has no relationship to the time within which the obligation to comply with the Contract Documents may be sought to be enforced, nor to the time within which proceedings may be commenced to establish the Contractor's liability with respect to the Contractor's obligations other than specifically to correct the Work. ARTICLE 19 MISCELLANEOUS PROVISIONS 19.1 The Contract shall be governed by the law of the place where the Project is located. 19.2 As between the Owner and the Contractor, any applicable statute of limitations shall commence to run and any alleged cause of action shall be deemed to have accrued: not later than the date of Substantial Completion for acts or failures to act occurring prior to the relevant date of Substantial Completion; ALA DOCUMENT Al 07 • ABBREVIATED OWNER-CONTRACTOR AGREEMENT - NINTH EDITION • AIA® • a 1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 AI 07-1987-10 WARNING: Unlicensed photocopying violates U.S. copyright laws and Is subleet to legal prosecution. not later than the date of issuance of the final Certificate for Payment for acts or failures to act occurring subsequent to the relevant date of Substantial Completion and prior to issuance of the final Certificate for Payment; and not later than the date of the relevant act or failure to act by the Contractor for acts or failures to act occurring after the date of the final Certificate for Payment. ARTICLE 20 TERMINATION OF THE CONTRACT 20.1 If the Architect fails to recommend payment for a period of 3.0 days through no fault of the Contractor, or if the Owner fails to make payment thereon for a period of 3yg,-the Contras nr may anon seven additional days' written notice to the Owner and the_Architect, terminate the Contract and recover from the Ovvneir paym n N___ cuted and'for proven loss with respect tmaterials p ! i merit togis , and cousttuction_equipment and machinery, including reasonable overhead, profit and daznages. applicable to the Pr?ct. - 20.2 If the Contractor defaults or persistently fails or neglects to carry out the Work in accordance with the Contract Documents or fails to perform a provision of the Contract, the Owner, after seven days' written notice to the Contractor and without prejudice to any other remedy the Owner may have, may make good such deficiencies and may deduct the cost thereof, including compensation for the Architect's services and expenses made necessary thereby, from the payment then or thereafter due the Contractor. Alternatively, at the Owner's option, and upon certification by the Architect that sufficient cause exists to justify such action, the Owner may terminate the Contract and take possession of the site and of all materials, equipment, tools, and construction equipment and machinery thereon owned by the Contractor and may finish the Work by whatever method the Owner may deem expedient. If the unpaid balance of the Contract Sum exceeds costs of finishing the Work, including compensation for the Architect's services and expenses made necessary thereby, such excess shall be paid to the Contractor, but if such costs exceed such unpaid balance, the Contractor shall pay the difference to the Owner. ARTICLE 21 OTHER CONDITIONS OR PROVISIONS (rnsett other provisions here) This Agreement entered into as of the day and year first written above. OWNER: CONTRACTOR: INSITE DEVELOPMENT BBEC, s IGNATURE a. SIGNATURE .. . . Donald H. Erwin, Owner Randy Pentz, Vice President Px1NTw NAME AND TrrLE PAlNTw NAME AND TrrLE AIA DOCUMENT A107 - ABBREVIATED OWNER-CONTRACTOR AGREEMENT • NINTH EDITION - AIA® - 01987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 AI 07-1987-11 WARNING: Unlicensed photocopying violates U.S. copyright taws and is subject to legal prosecution. .:ru inc. rtfi :YcrkStdiet ` A POSOX 748 . Me0hanie5bur}); PA 17055-0748 (717) 697-5425 PA (600) 822-1165 FAX (717) 697-5422 PROPOSAL Date: 3/19/2008 Attn: Donald H. Erwin To: Insite Development 1943 Monterey Drive Mechanicsburg, PA 17050 Phone: (717) 319=1159 Fax: (717) 236-5570 Ref: Comfort Suites We propose to furnish all labor and material necessary for division #16 electrical work including. Lighting in building and parking garage, Gear, feeders, branch wiring, connections to HVAC equipment, Connections to pool equipment, elevator connections, all receptacle and switch devices. Total Base Bid: $610,000.00 Clarifications: Site work by others, Utility fees if any not included. Utilizing 277/480v service, aluminum feeders. All wiring done per NEC Telecom and TV cabling run in bridle rings. No generator needed will utilize battery back up emergency lighting per NEC All work to five feet outside building the rest by site contractor VE lighting package and gear package included All equipment that can be 480v must be. that voltage ie: HVAC, elevator, pool equipment etc... PTAC units must be 277 volt Fire Alarm per NEC Security/Card Access/ CCTV by others if any Head end phone/data equipment by others Randy Pentz, Estimator AN 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 invoivl V extra costs will be executed only upon written orders, and will become an extra charge over and above the estimate. All agreements are 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 Insurance. Note: This proposal may be withdrawn by us if not accepted within thirty (30) days. ACCEPTANCE OF PROPOSAL- The above prices, specification and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Terms: Net 10 days. Date of Acceptance: Signature: RESIDENTIAL EXHIBIT C inc. eJecirsicai conireclw 507 North York Street • PO Box 748 • Mechanicsburg PA 17055-0748 DATE: SEPTEMBER 3, 2008 TO: INSITE DEVELOPMENT 1943 MONTEREY DRIVE MECHANICSBURG, PA 17050 ATTN: DON- ERWIN/GENE BUSITYEAGER CHANGE ORDER REQUEST (717) 697-5425 PA (800) 822-1165 FAX (717) 697-5422 RE: COMFORT SUITES - MECHANICSBURG PHONE: 319-1159 FAX: 236-5570 ' WE PROPOSE TO FURNISH ALL LABOR AND MATERIAL NECESSARY FOR THE INSTALLATION OF THE FOLLOWING: EXTRA MANDOORS & CORRIDORS FOR 1ST FLOOR 4-TYPE OA EXTERIOR WALL SCONCES 2-EXIT SIGN/EMERGENCY BATTERY UNIT COMBOS 2-EMERGENCY BATTERY UNITS 2-WPREMOTE HEADS 2-FOURWAY SWITCHES 2-DUPLEX RECEPTACLES 2-20A, 277V 1-PHASE FEED FOR ELECTRIC WALL HEATER REQUIRED BRANCH CIRCUIT WIRING 2-AUDIOVISUAL ALARMS REQUIRED BRANCH FIRE ALARM WIRING TOTAL PRICE $12,265.00 CC: FILE PELAR RESIDENTIAL * COMMERCIAL e INDUSTRIAL 9 PLANNING/ ENGINEERING "%,Inc. elecirlcal coniracior (717) 697-5425 PA (800) 822.1165 FAX (717) 697-5422 507 North York Street • PO Box 748 • Mechanicsburg, PA 17055-0748 Date: November 17, 2008 CRS 0 N.11084 Ref: COMFORT SUITES REST ROOM SCONCES Attn: Donald Erwin To: INSITE DEVELOPMENT Phone: (717) 319-1159 Fax: (717) 236-5570 We propose to furnish all labor and material necessary for the installation of the following: Per you request, 1. Rough-in 206 boxes for the added wall sconces in each of the 103 rest rooms. 2. Add 206 additional wall sconces per Choice Hotels International to 103 rest rooms. 3. Install 103 additional fixtures. Rough-in labor 140 hrs. @ $50.00 p/h $ 7,000.00 Rough-in material $ 1,203.00 206 wall sconces $17,303.00 Install 103 sconces- 52 hrs. @ $50.00 p/h $ 2,600.00 Total add for wall sconces $28,106.00 "Note that the 103 preapproved r9atroom fixtures will be turned over to the owner, they are NONRETURNABLE Patrick Polar, Project Manager 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 are 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 Insurance. Note: This proposal may be withdrawn by us it not accepted within thirty (30) days. ACCEPTANCE OF PROPOSAL- The above pnces, specification and conditions are satisfactory and are hereby accepted. You are authorized. to do the work as specified. Terms: Net 10 days. Date of Acceptance: Signature: RESIDENTIAL a COMMERCIAL • INDUSTRIAL a PLANNING/ ENGINEERING I mw=6, ¦ >f , inc. eiecirical coniracior 507 North York Street • PO Box 746 a Mechanicsburg, PA 17055.0748 Date: November 17, 2008 Attn: Donald Erwin To: INSITE DEVELOPMENT Phone: (717) 319-1159 Fax: (717) 236-5570 (717) 697-5425 PA (800) 622.1165 FAX (717) 697-5422 CM MMI SST On 2188 A5 Ref: COMFORT SUIrFES #4 STREET LIGHT WIRING #5 Roof top Floods We propose to furnish all labor and material necessary for the installation of the following: Per you request, 1. Rework existing street light wiring and extend for new entrance. Material $697.00 Labor $150-00 Total $847.00 2. Rough-in wire and install light stands on roof top for flood lights. Material $ 79.00 Labor $200.00 Total $279.00 Total Add $1,126.00 Pat1'ic tmk palwk Patrick Pelar, Project Manager 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 are contingent upon strikes, accidents or delays beyond our control. Owner to carry fire, tomado and other necessary insurance. Our workers are fully covered by Workmen's compensation Insurance. Note: This proposal may be withdrawn by us if not accepted within thirty (30) days ACCEPTANCE OF PROPOSAL - The above pries, specification and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Terms: Net 10 days. Date of Acceptance: Signature: RESIDENTIAL 9 COMMERCIAL • INDUSTRIAL 9 PLANNING/ENGINEERING eleciric al , Inc. conracior (717) 687-5425 PA (800) 822-1165 FAX (717) 697-5422 507 North York Street • PO Box 748 • Mechanicsburg, PA 17055-0748 Date: December 12, 2008 Attn: Donald Erwin To: INSITE DEVELOPMENT Phone: (717) 319-1159 Fax: (717) 236-5570 CRAM RETEST N0.2188-08 Ref: COMFORT SUITES REVISED-SITE LIGHTING We propose to furnish all labor and material necessary for the installation of the following: Per you request, 1. Install all wiring through the existing conduits for 10- 480 volt pole lights. 2. Install all wiring through the existing conduits for 6- 277 volt flood lights, located at the front of the building. 3. Install a junction box to the existing conduit and extend the conduit to the signage location and provide 480 volts for sign feed. 4. Build and wire 10 supplied pole lights and install on existing pole bases. 5. Install 6 flood lights on existing base in front:of building. 6. Lift will be provided by others. Total Add $7,956.00 Price does not include: Conduit repairs, delays from blockage in existing conduits. Anchor bolts, lamps, ballast or repairs To owner supplied fixtures or lift equipment. P-AU " Patrick'Pelar, Project Manager 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 are contingent upon strikes, accidents or delays beyond Our control. Owner to carry tire, tornado and other necessary insurance. Our workers are fully covered by Workmen's compensation Insurance. Note: This proposal may be withdrawn by us it not accepted within thirty (30) days. ACCEPTANCE OF PROPOSAL- The above pri., specification and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Terms: Net 10 days. Date of Acceptance: Signature: RESIDENTIAL • COMMERCIAL • INDUSTRIAL • PLANNING/ ENGINEERING 16N&L a a , Inc. elecirical conirecior 507 North York Street • PO Box 748 a Mechanicsburg, PA 17055-0748 (717) 697-5425 PA (800) 822-1165 FAX (717).697-5422 CM"WHOW Ike 21N-V Date: December 16, 2008 Ref: COMFORT SUITES REWORK WIRING IN 12 ROOMS Attn: Donald Erwin To: INSITE DEVELOPMENT Phone: (717) 319-1159 Fax: (717) 236-5570 We propose to furnish all labor and material necessary for the installation of the following: Per your request, Rework wiring and communications in 12 rooms due to the relocation of the sofa- bed from one side of the room to the opposite side. (9- Widebay Kings and 3 Accessible rooms) Labor ................................................... $2,000.00 Material ................................................ $ 258.00 Total Add .............................................$2,258.00 f'd"Y Patrick Pelar, Project Manager All material is guarameed 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 are contingent upon strikes, accidents or delays beyond our control. Owner to carry fire, tomado and other necessary insurance. Our workers are fully covered by Workmen's Compensation Insurance. Note: This proposal may be withdrawn by us N not accepted within thirty (30) days. ACCEPTANCE OF PROPOSAL- The above prices, specification and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specked. Terms: Net 10 days. Date of Acceptance: Signature: RESIDENTIAL 0 COMMERCIAL * INDUSTRIAL • PLANNING/ ENGINEERING ?sI 507 North York Street P.O. Box 748 . Mechanicsburg, PA 17055-0748 Date: February 16, 2009 Attn: Donald Erwin To: INSITE DEVELOPMENT Phone: (717) 319-1159 Fax: (717) 236-5570 Ref: COMFORT SUITES MISCELLANEOUS WORK We propose to furnish all labor and material necessary for the installation of the following: Per your request, 1. Install conduit, wiring, fixtures, devices and FA as needed for 2 additional restrooms on the 1St floor, $2,669.00 2. Extend conduit and wiring for additional flood light locations. $1,379.00 3. Install power for washer and dryer hook-ups on the 2nd 3rd, and 4th floors. $996.00 4. Install power for washers and dryers, main laundry room 1St floor. $2,019.00 5. Install recessed fixtures to handicap rest rooms, 2nd, Td, and 4th floors. $1,021.00 6. Install conduit, wiring, devices, FA and data/phone to 2 additional offices. $1,852.00 7. Rework conduits to roof exhaust fans from the low voltage panel to the 277 volt panel. (equipment was changed) $337.00 Total add $10,273.00 j7. I Ads Patrick Pelar, Project Manager 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 art extra charge' over and above the estimate. All agreements are 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 Insurance. Note: This proposal may be withdrawn by us if not accepted within thirty (30) days. ACCEPTANCE OF PROPOSAL- The above prices. specification and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Terms: Net 10 days. Date of Acceptance: (717)697.5425 PA (800) 822-1165 FAX (717) 697-5422 MW WM OW K 2108-8^14 Signature: RESIDENTIAL • COMMERCIAL • INDUSTRIAL • PLANNING/ENGINEERING I IC111 Cam 507507 North York Sttrre`et • p.o. Box 748 - Mechanicsburg, PA 17055-0748 (717) 697-5425 PA (800) 822-1165 FAX (717) 697-5422 NIe 2188-16 Date: March 9, 2009 Ref: COMFORT SUITES RELOCATE SWITCHES Attn: Donald Erwin To: INSITE DEVELOPMENT Phone: (717) 319-1159 Fax: (717) 236-5570 We propose to furnish all labor and material necessary for the installation of the following: Per your request, Relocate switching in 3 rooms due to the door swing installed opposite of plans. Total Cost $761.00 Patrick Pelar, Project Manager 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 olden, and will become an extra charge over and above the estimate. AN agreements are contingent upon strikes, accidents or delays beyond our control. Owner to carry tire, tomado and other necessary insurance. Our workers are fully covered by Workmen's Compensation insurance. Note: This proposal may be withdrawn by us If not accepted within thirty (30) days. ACCEPTANCE OF PROPOSAL- The above prices, specification and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Terms: Net 10 days. Date of Acceptance: Signature: RESIDENTIAL* COMMERCIAL & INDUSTRIAL 0 PLANNIM31tN6unececnvv 4 1 4 OBECIC ---A A. CCOMACTICM& 507 North York Street , P.O. Box 748 - Mechanicsburg, PA 17055-0748 Date: May 18, 2009 Attn: Donald Erwin To: INSITE DEVELOPMENT Phone: (717) 319-1159 Fax: (717) 236-5570 Ref: COMFORT SUITES CHANGE ORDERS 17 THRU 20 We propose to furnish all labor and material necessary for the installation of the following: Per your request, 1. Disconnect and reconnect power to the Fire Pump Control Panel. $225.00 2. Install power, boxes and devices for the door locks, 3 locations. $613.00 3. Install power to east and west parking garage doors. $714.00 4. Install 220 volt power and receptacle to coffee maker. $454.00 Total Add $2,006.00 PdA1 Patrick Pelar, Project Manager 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 specificaflons involving extra costs will be executed only upon written orders, and will become an extra charge over and above the estimate. Ali agreements are 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 Insurance. Note- This proposal may be withdrawn by us ti not accepted within thirty (30) days. ACCEPTANCE OF PROPOSAL- The above pries, specification and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Terms: Net 10 days. Date of Acceptance:, (717) 697-5425 PA (800) 822-1165 FAX (717) 697-5422 CIi IMUM PRNM K 210-11-20 Signature: RESIDENTIAL* COMMERCIAL* INDUSTRIAL • PLANNING/ENGINEERING OF 48PRI?IKIR TIAP'Y 2009 SEP -9 PM 12: 43 QTY 418.50 1PD Al-N 0, 02'15?S U a303(05 Sheriffs Office of Cumberland County R Thomas Kline HUT Sheri ?;- Ronny R Anderson „ j Chief Deputy Jody S Smith, Civil Process Sergeant OFFICE C; 'xE SHERIFF t Edward L Schorpp Solicitor BBEC, Inc. vs. Insite Developement, LLC Case Number 2009-6133 SHERIFF'S RETURN OF SERVICE 09/17/2009 01:25 PM - Valerie Weary, Deputy Sheriff, who being duly sworn according to law, states that on September 17, 2009 at 1325 hours, she served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Insite Development, LLC, by making known unto Rachel Stum, adult in charge at adult sister at 2055 Technology Parkway Mechanicsburg, Cumberland County, Pennsylvania 17055 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $37.00 SO ANSWERS j September 18, 2009 R THOMAS KLINE, SHERIFF By i I ?/ Deputy Sheriff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BBEC, INC., Plaintiff, Civil Action - Law V. No. 09-6133 Civil Term INSITE DEVELOPMENT, LLC. D/B/A INSITE DEVELOPMENT Defendant. NOTICE TO PLEAD TO: BBEC, Inc. c/o Michael W. Winfield, Esquire Rhoads & Sinon 1 South Market Square P.O. Box 1146 Harrisburg, PA 17108 You are hereby notified to file a written response to the enclosed Answer and New Matter to Plaintiff's Complaint within twenty (20) days from service hereof or a judgment may be entered against you. POST & SCHELL, P.C. BY: Thomas L. e r., sq 're Attorney I.D. NO-766.2 Post & Schell, P.C. 17 North Second Street, 12t" Fl. Harrisburg, PA 17101 Telephone: 717-612-6035 Facsimile: 717-731-1985 E-mail: TIsenberg@postschell.com Attorneys for Defendants Date: ,I?IeS'?rt'r? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BBEC, INC., Plaintiff, Civil Action - Law V. No. 09-6133 Civil Term INSITE DEVELOPMENT, LLC. D/B/A INSITE DEVELOPMENT Defendant INSITE DEVELOPMENT, LLC'S ANSWER WITH NEW MATTER TO PLAINTIFF'S COMPLAINT Defendant Insite Development, LLC, by and through its counsel, Post & Schell, P.C., respectfully files the within Answer with New Matter to Plaintiff's Complaint and, in support thereof, states the following: 1. Admitted upon information and belief. 2. Admitted. 3. Denied. The allegations contained within Paragraph 3 relate to or reference a document, the terms, conditions, and contents of which speak for itself. By way of further answer, it is admitted only that the Plaintiff has filed a Mechanic's Lien Claim, the same of which is filed in the Court of Common Pleas of Cumberland County. Insite Development specifically denies any obligation to make payment as alleged therein. 4. Denied. The allegations contained within Paragraph 4 are legal conclusions to which no responsive pleading is required. To the extent a response is deemed necessary, Insite Development specifically denies the same. By way of further answer, the remaining allegations 6548333v1 contained within Paragraph 4 relate to or reference a document, the terms, conditions, and contents of which speak for itself. 5. Admitted. 6. Denied. The allegations contained in Paragraph 6 relate to or reference a document, the terms, conditions, and contents of which speak for itself. No further response is deemed necessary. 7. Denied. It is admitted only that Plaintiff has claimed payinent due and owing in the amount of $188,825.70. Insite Development specifically denies any obligation to make such payment as set forth in Plaintiff's Complaint and Mechanics' Lien Claim. 8. Denied. The allegations contained within Paragraph 8 contain legal conclusions to which no responsive pleading is required. To the extent a response is deemed necessary, Insite Development specifically denies the same. WHEREFORE, Defendant, Insite Development, LLC demands judgment to be entered in its favor and against that of Plaintiff BBEC, Inc. NEW MATTER 9. Paragraphs 1 through 8 above are incorporated herein by reference as if set forth in full. 10. Plaintiff's claims are barred, in whole or in part, by the doctrines of laches, waiver, and estoppel. 11. Plaintiff's claims are barred, in whole or in part, by the doctrines of accord and satisfaction. 12. Plaintiff's claims are barred, in whole or in part, by the doctrine of novation. 13. Plaintiff s claims are barred, in whole or in part, by the doctrine of payment. 14. Plaintiff has failed to set forth a claim upon which relief can be granted. -2- 15. Plaintiff's claims are barred inasmuch as Plaintiff has failed to strictly comply with the Pennsylvania Mechanics' Lien Law. 16. Plaintiffs claims are barred as result of Plaintiffs failure to abide by the dispute resolution provision of the contract entered into by and between the parties. 17. Plaintiff's claims are barred pursuant to the applicable statute of limitations. 18. Any and all change orders and/or proposals submitted by Plaintiff were not properly approved and submitted in accordance with the contract documents entered into by and between the parties and as such, Plaintiff is not entitled to payment for the same. WHEREFORE, Defendant, Insite Development, LLC. demands judgment to be entered in its favor and against that of Plaintiff BBEC, Inc. POST & SCHELL, P.C. BY homas r , Jr., Esquire Attorney I.D. No. 76652 Post & Schell, P.C. 17 North Second Street, 12th Fl. Harrisburg, PA 17101 Telephone: 717-612-6035 Facsimile: 717-731-1985 E-mail: tisenberg@postschell.com Attorneys for Defendants Date: - 3 - VERIFICATION do hereby verify that I am the of Insite Development, LLC and have been authorized to execute this Verification on its behalf. I hereby verify that the foregoing is true and correct to the best of my knowledge, information, and belief. This Verification is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. INSITE DEVELOPMENT, LLC DATE: BY- -K?- - CERTIFICATE OF SERVICE I, Thomas L. Isenberg, Jr., Esquire, of Post & Schell, P.C., do hereby certify that I caused to be served a true and correct copy of the foregoing Answer with New Matter to Plaintiff's Complaint to be served on the following parties/counsel of record by U.S. Mail, First-Class, postage prepaid, as follows: Michael W. Winfield, Esquire Rhoads & Sinon 1 South Market Square P.O. Box 1146 Harrisburg, PA 17108 POST & SCHELL, P.C. BY: _ T omas L. berg, Jr., E, quire Date: ., Michael W. Winfield, Esquire Attorney I.D. No. 72680 Kelly H. Decker, Esquire Attorney I.D. No. 84886 RHOADS & SINON LLP One South Market Square, 12th Floor P.O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 E-Mail: mwinfield@rhoads-sinon.com kdecker@rhoads-sinon.com Attorneys for Plaintiff BBEC, INC., V. Plaintiff INSITE DEVELOPMENT, LLC, d/b/a INSITE DEVELOPMENT, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2009-6133 BBEC, INC.'S ANSWER TO NEW MATTER NOW COMES Plaintiff, BBEC, Inc., by its attorneys, Rhoads & Sinon LLP, and files the within Answer to the New Matter asserted by Defendants Insite Development, LLC, as follows: 9. This paragraph contains no allegations or averments which require a response. 10. The averments of this paragraph are conclusions of law which require no response. To the extent a response is required, the averments are strictly denied. 11. The averments of this paragraph are conclusions of law which require no response. To the extent a response is required, the averments are strictly denied. 12. The averments of this paragraph are conclusions of law which require no response. To the extent a response is required, the averments are strictly denied. 13. The averments of this paragraph are conclusions of law which require no response. To the extent a response is required, the averments are strictly denied. 759652.1 r 14. The averments of this paragraph are conclusions of law which require no response. To the extent a response is required, the averments are strictly denied. 15. The averments of this paragraph are conclusions of law which require no response. To the extent a response is required, the averments are strictly denied. 16. The averments of this paragraph are conclusions of law which require no response. To the extent a response is required, the averments are strictly denied. 17. The averments of this paragraph are conclusions of law which require no response. To the extent a response is required, the averments are strictly denied. 18. The averments of this paragraph are conclusions of law which require no response. To the extent a response is required, the averments are strictly denied. WHEREFORE, Plaintiff BBEC, Inc. demands judgment against the Defendants in the sum of $188,825.70, along with interest, cost, and such other relief as the Court deems appropriate. RHOADS & SINON LLP 759652.1 By: &?L . 4-D Michael infield Kelly H. D ?tker One South Market Square P. O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 Attorneys for Plaintiff -2- VERIFICATION Christopher R. Anderson, deposes and says, subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities, that he is the Vice President/Controller of BBEC, Inc., that he makes this verification by its authority and that the facts set forth in the Complaint are true and correct to the best of his knowledge, information and belief. Date Christopher R. Anderson 759652.1 CERTIFICATE OF SERVICE I hereby certify that on November 3, 2009, a true and correct copy of the foregoing Answer to New Matter was served by means of United States mail, first class, postage prepaid, upon the following: Thomas L. Isenberg, Jr., Esquire Post & Schell, P.C. 17 North Second Street, 12th Floor Harrisburg, PA 17101-1601 ?. L/j .1 w ? Kelly H. ker 759652.1 F1LEC-- 0.=,;: KjE, 2009 NOV -4 Pal 12: 56