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HomeMy WebLinkAbout09-8774 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CEDG, INC. 5000 Ritter Road, Suite 203 Mechanicsbug, PA 17055 Plaintiff, V. BJC DEVELOPING, LLC 11375 Lafayette Road Mercersburg, PA 17236 and NICHOLAS HODGES 11375 Lafayette Road Mercersburg, PA 17236 Defendants. No. Oq - 8774 (tvi t Ter% PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY: Please issue a summons in the above case. The Writ of Summons shall be issued and forwarded to the Attorney. NESTICO, DRUBY Date: t,l 1 -71C", By: ABRAND, L.L.P. AntlYony J. N =1s e, LD. No. 58868 Megan C. D. No. 84391 840 E. Chocolate Avenue Hershey, PA 17033 (717) 533-5406 Telephone (717) 533-5717 Fax Attorneys for Plaintiff 0 701019 D!--C 21 PN 2: 37 li 4ga.oo Po ATry CC* 10708 El's a3s-sas IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CEDG, INC. 5000 Ritter Road, Suite 203 Mechanicsbug, PA 17055 Plaintiff, V. BJC DEVELOPING, LLC 11375 Lafayette Road Mercersburg, PA 17236 and NICHOLAS HODGES 11375 Lafayette Road Mercersburg, PA 17236 Defendants. No. CA -- 8774 Civil xW% WRIT OF SUMMONS TO THE ABOVE-NAMED DEFENDANTS: YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF HAS COMMENCED AN ACTION AGAINST YOU. rothonotary Date: /ate D9 By: V . 0 ow" Deputy SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Edward L Schorpp Solicitor ~~1lSp 6~ L~pt?ritirr~ /~; ~.- :a. ~~~;cr ~:,F r~~ =~=~iF~ c~x rrFl ~t~-~~r~ 20f Q M~ft -3 ~~ f I ~ 23 t~~l'~rYJ ?~Vrl,;'~it'4 CEDG, Inc. Case Number vs. Nicholas Hodges (et al.) 2009-8774 SHERIFF'S RETURN OF SERVICE 01/22/2010 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Nicholas Hodges, but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of Franklin County, PA to serve the within Writ of Summons according to law. 01/22/2010 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: BJC Developing, LLC, but was unable to locate them in his bailiwick. He therefore deputized the Sheriff of Franklin County, PA to serve the within Writ of Summons according to law. 02/18/2010 Franklin County Return: And now, February 18, 2010 I, Dane Anthony, Sheriff of Franklin County, Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for Nicholas Hodges the defendant named in the within Writ of Summons and that I am unable to find him in the County of Franklin and therefore return same NOT FOUND. Request for service at 11375 Layfayette Road, Mercersburg, PA 17236 does not exist. 02/18/2010 Franklin County Return: And now, February 18, 2010 I, Dane Anthony, Sheriff of Franklin County, Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for BJC Developing LLC the defendant named in the within Writ of Summons and that I am unable to find them in the County of Franklin and therefore return same NOT FOUND. Request for service at 11375 Layfayette Road, Mercersburg, PA 17236 does not exist. SHERIFF COST: $53.44 February 25, 2010 ;c Coup?ySuita Shen*f. Teleosoft. Inc. SHERIFF'S RETURN - NOT FOUND CASE NO: 2010-00024 T COMMONTWEALTH OF PENNSYLVANIA COUNTY OF FRANKLIN CEDG INC VS BJC DEVELOPING LLC ET AL BRIAN J CRAMER Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT to wit: HODGES NICHOLAS but was unable to locate Him in his bailiwick. He therefore returns the WRIT OF SUMMONS NOT FOUND as to the within named DEFENDANT HODGES NICHOLAS 11375 LAYFAYETTE ROAD MERCERSBURG, PA 17236 UNABLE TO FIND; NOS. JUMP FROM 11240 TO 11975 Sheriff's Costs: So answers:, Docketing .00 // Service .00 --~-~ Affidavit .00 BR AN J ER Surcharge .00 DANE M THONY, Sheriff .00 .00 NESTICO DRUBY AND HILDABRAND L 02/18/2010 Sworn and subscribed to before me this _ ~~ day of ~~- ao ~ A.D. d ~~ Notary COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL RICHARD D. McCARTY, Notary Public Chambersburg Boro., Franklin County pMy Commission Expires Jan. 29, 2011 SHERIFF'S RETURN - NOT FOUND CASE NO: 2010-00024 T COMMONTWEALTH OF PENNSYLVANIA COUNTY OF FRANKLIN CEDG INC VS BJC DEVELOPING LLC ET AL BRIAN J CRAMER Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT to wit: BJC DEVELOPING LLC but was unable to locate Them in his bailiwick. He therefore returns the WRIT OF SUMMONS the within named DEFENDANT 11375 LAYFAYETTE ROAD NOT FOUND as to BJC DEVELOPING LLC MERCERSBURG, PA 17236 UNABLE TO FIND; NOS. JUMP FROM 11240-11975 Sheriff's Costs: Docketing .00 Service .00 Affidavit .00 Surcharge .00 .00 .00 So answers• BRIAN J RAMER DANE M ANTHONY, Sheriff NESTICO DRUBY AND HILDABRAND L 02/18/2010 Sworn and subscribed to before me this !O~`" day of ~,C.~-• ~o ~ D . Notary ~ , COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL RICHARD D. McCARTY, Notary Public Chambersburg Boro., Franklin County My Commission Expires Jan. 29, 2011 In The Court of Common Pleas of Cumberland County, Pennsylvania CEDG, Inc. - vs. BJC Developing, LLC & Nicholas Hodges 11375 Lafayette Road Mercersburg, PA 17236 Civil No. 2009-8774 Now, January 22, 2010, I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Franklin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. .'~'" ,``` _--~ SJ~i'eriff of Cumberland County, PA Affidavit of Service Now, , 20 , at o'clock M, served the within upon at by handing to and made known to copy of the original the contents thereof. Sworn and subscribed before me this day of ,20 So answers, Sheriff of COSTS SERVICE $ MILEAGE AFFIDAVIT County, PA In The Court of Common Pleas of Cumberland County, Pennsylvania CEDG, Inc. vs. BJC Developing, LLC & Nicholas Hodges 11375 Lafayette Road Mercersburg, PA 17236 Civil No. 2009-8774 Now, January 22, 2010, I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Franklin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. ~:._~. ,~°' S,Xienii of Cumberland County, PA Affidavit of Ser/vice Now, , 20 , at o'clock M, served the within upon at by handing to a and made known to Sworn and subscribed before me this day of ,20 copy of the original the contents thereof. So answers, Sheriff of COSTS SERVICE $ County, PA MILEAGE_ AFFIDAVIT SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff ~,~~n~r of ~~iauLr~f~~t 4 CjF'~' .E '_.c TM _ =~ERIFF ~-~r-~C~ OF THE P°~T~=n;;'~J~`A,R1' .~,., 2ffIf1 fir-~ f 8 F'~1 2~ 23 CU yf ref- Jody S Smith Chief Deputy Edward L Schorpp Solicitor CEDG, Inc. vs. Nicholas Hodges (et al.) Case Number 2009-8774 SHERIFF'S RETURN OF SERVICE 02/19/2010 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Nicholas Hodges, but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of Franklin County, PA to serve the within Writ of Summons according to law. 02/19/2010 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: BJC Developing, LLC, but was unable to locate them in his bailiwick. He therefore deputized the Sheriff of Franklin County, PA to serve the within Writ of Summons according to law. 03/11/2010 Franklin County Return: And now March 11, 2010 at 1355 hours I, Dane Anthony, Sheriff of Franklin County, Pennsylvania, do herby certify and return that I served a true copy of the within Writ of Summons, upon the within named defendant, to wit: BJC Developing, LLC by making known unto Nicholas Hodges, adult in charge for BJC Developing, LLC at 11375 Deerwood Road, Mercersburg, PA 17236 its contents and at the same time handing to him personally the said true and correct copy of the same. 03/11/2010 Franklin County Return: And now March 11, 2010 at 1355 hours I, Dane Anthony, Sheriff of Franklin County, Pennsylvania, do herby certify and return that I served a true copy of the within Writ of Summons, upon the within named defendant, to wit: Nicholas Hodges by making known unto himself personally, at 11375 Deerwood Road, Mercersburg, PA 17236 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $53.44 March 18, 2010 SO ANSWERS, ~+ RON R ANDERSON, SHERIFF ,r; Grw^.tySuile Shen?f. Telerso+. t. ~,?~;. SHERIFF'S RETURN - REGULAR " CASE NO: 2010-00024 T COMMONWEALTH OF PENNSYLVANIA: COUNTY OF FRANKLIN CEDG INC VS BJC DEVELOPING LLC ET AL MICHAEL L COX Deputy Sheriff of FRANKLIN County, Pennsylvania, who being duly sworn according to law, says, the within REIN WRIT SUMMONS was served upon the BJC DEVELOPING LLC DEFENDANT at 1355:00 Hour, on the 11th day of March 2010 at 11375 LAYFAYETTE ROAD MERCERSBURG, PA 17236 NICHOLAS HODGES by handing to a true and attested copy of REIN WRIT SUMMONS together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 9.00 Service 9.00 Affidavit 5.00 Surcharge 10.00 Mileage ~~- ~-~6~---- /~~ ~ Sworn and Subscribed to before me this ~ ~ day of ~/O A.D. Notary Notarial Seal Richard D. McCarty, Notary Public Chambersburg Boro, Franklin County M Commission Ex fires Jan. 29 2011 So Answers: MICHAEL L COX BY .~~~C~ Deputy Sheriff 03/15/2010 NESTICO DRURY AND HILDABRAND SHERIFF'S RETURN - REGULAR CASE NO: 2010-00024 T COMMONWEALTH OF PENNSYLVANIA: COUNTY OF FRANKLIN CEDG INC VS BJC DEVELOPING LLC ET AL MICHAEL L COX Deputy Sheriff of FRANKLIN County, Pennsylvania, who being duly sworn according to law, says, the within REIN WRIT SUMMONS was served upon HODGES NICHOLAS the DEFENDANT at 1355:00 Hour, on the 11th day of March 2010 at 11375 LAYFAYETTE ROAD MERCERSBURG, PA 17236 NICHOLAS HODGES a true and attested copy of REIN WRIT SUMMONS together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing .00 Service .00 Affidavit .00 Surcharge .00 by handing to So Answers: MICHAEL L COX By ~ ~ ~.~.-,o Deputy Sheriff 03/15/2010 NESTICO DRURY AND HILDABRAND Sworn and Subscribed to before me this ~ J day of _ ~ Notary / Notarial Seal Richard D. McCarty, Notary Public Chambersburg Boro, Franklin County ~In The Court of Common Pleas of Cumberland County, Pennsylvania CEDG, Inc. vs. BJC Develoing, LLC & Nicholas Hodges 11375 Lafayette Road Mercersburg, PA 17236 Civil No. 2009-8774 Now, February 19, 2010, I, SHERIFF OF CUMBERLAND COiJNTY, PA, do hereby deputize the Sheriff of Franklin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. ~- ~c~a /G S l~G ~Sos Shentf of Cumberland County, PA ,, Affidavit of Service ~~ Now, ~/I a rc 1~ t ~ , 20 ~ a , at /=s ~ o'clock ~M, served the within ~ ~q~ k~ ~ ~ C'o~.L ~ 1 upon ~~I«l~~~as t,-~o ~5~s at 113~s ~e~r' 1.~0©~ ~,~ ~erce~s~~~~ ~~ 123 ~. by handing to a C~~-~~ ~~e~ copy of the original _ ~2 e,,~ ~ r~ ~ ~~ ~„ ~, .-~ and made known to ~ 1 ~ c ~, ~ /~ s ~~- ~ ~ r the contents thereof. So answers, subscribed Shenff of County, PA COSTS SERVICE $ ~ % MILEAGE AFFIDAVIT $ ~~ . ~'c6 Richard D. McCarty, Notary Public Chambersburg Boro, Franklin County CEDG, INC., IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, NO. 2009-8774 V. ; CIVIL ACTION BJC DEVELOPING, LLC, and NICHOLAS HODGES, . ? } JURY TRIAL DEMANDED c ~°+ Defendants. rncco c _ n" =20 - ' = -urn M ,,r NOTICE C3 z YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set il&e x following pages, you must take action within twenty (20) days after this Complaint aft tiv °M are served, by entering a written appearance personally or by attorney and filing in writ vAlh the Court your defenses or objections to the claims set forth against you. You are warne tha if "r 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mds adelante en las siguientes pdginas, debe tomar acci6n dentro de los pr6ximos veinte (20) dias despu6s de la notificaci6n de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar acci6n Como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en Ia demanda o cualquier otra reclamaci6n o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mds aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI LISTED NO TIENE UN ABOGADO, LLAME 0 VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 2 James Smith Dietterick & Connelly LLP Matthew Chabal, HI, Esquire Pa. Attorney I.D. No. 49926 me@jsdc.com Thomas J. Car, Esquire Pa. Attorney I.D. No. 307100 tjc@jsdc.com 134 Sipe Avenue Hummelstown, PA 17036 (717) 533-3280 Attorneys for Plaintiff CEDG, INC., IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, NO. 2009-8774 V. CIVIL ACTION BJC DEVELOPING, LLC, and NICHOLAS HODGES, JURY TRIAL DEMANDED Defendants. COMPLAINT Plaintiff CEDG, Inc. ("CEDG"), through its counsel, James Smith Dietterick & Connelly LLP, files this Complaint as follows. INTRODUCTION 1. This Complaint is for the Defendants' breaches of contracts for civil engineering services provided by CEDG by Defendants' failure to timely pay for those services. In addition, CEDG is entitled to recover interest, penalties and expenses pursuant to the Pennsylvania Contractor and Subcontractor Payment Act, 73 P. S. § 501, et seq. THE PARTIES 2. Plaintiff CEDG is a Pennsylvania Corporation with a registered address of 5010 Ritter Road, Suite 111, Mechanicsburg, Cumberland County, Pennsylvania 17055. At all relevant times, CEDG was in the business of providing civil engineering services. 3. Defendant BJC Developing, LLC ("BJC"), is a Pennsylvania limited liability company with its principal place of business located at 11375 Lafayette Road, Mercersburg, Franklin County, Pennsylvania 17236. At all relevant times, BJC was in the business of real estate development. 4. Defendant Nicholas Hodges ("Hodges") is an adult individual with his principal place of business located at 11375 Lafayette Road, Mercersburg, Franklin County, Pennsylvania 17236 and a personal residence address of 11375 Deerwood Road, Mercersburg, Franklin County, Pennsylvania 17236. At all relevant times, Hodges was in the business of real estate development. VENUE 5. Venue is proper in this Court pursuant to Pa. R.C.P. No. 1006(a) because Cumberland County is a county where a transaction or occurrence took place out of which the cause of action arose. 6. Venue is proper in this Court pursuant to Pa. R.C.P. No. 1006(c) because an action may be brought against all defendants in any county in which the venue may be laid against any one of the defendants. 7. Venue is proper in this Court pursuant to Pa. R.C.P. No. 2179(a) because Cumberland County is: (1) a county where Defendants regularly conduct business; (2) the 2 county where the cause of action arose; and (3) a county where a transaction or occurrence took place out of which the cause of action arose. BACKGROUND 8. On or about October 14, 2005, CEDG sent to Hodges a Proposal No. 05P216.01H for civil engineering services for the Shindle Manor Subdivision in Peters Township, Franklin County, Pennsylvania. A true and correct copy of CEDG Proposal No. 05P216.01H is attached to this Complaint as Exhibit A. 9. The civil engineering services that were to have been performed under Proposal 05P216.01 H included the design of a residential development of approximately 232 units on an approximate 60 acre site. 10. Hodges did not sign CEDG Proposal No. 05P216.OIH. 11. However, Hodges orally agreed to identical terms with CEDG and asked CEDG to perform the civil engineering work identified in Proposal No. 05P216.01H. 12. Beginning on or about October 31, 2005, CEDG provided the civil engineering services identified in Proposal No. 05P216.01 H and issued to Hodges invoices totaling $167,971.79 for those services. 13. Hodges made partial payments to CEDG in the total amount of $72,588.80 for those services. 14. Hodges became delinquent in making payments for the civil engineering services identified in Proposal No. 05P216.01 H. 15. Despite repeated demands for payment, there remains an outstanding balance of $95,382.99 for the services CEDG performed. 16. Hodges has repeatedly promised to pay CEDG for those services, but has failed to do so. 17. On or about October 12, 2005, CEDG sent to Hodges a Proposal No. 05P225H for civil engineering services for the Deerwood Community Resort, in Montgomery Township, Franklin County, Pennsylvania. A true and correct copy of Proposal No. 05P225H is attached to this Complaint as Exhibit B. 18. The civil engineering services that were to have been performed under Proposal No. 05P225H included the design of a residential development of, at the time, approximately 1000 units, including single family detached, single family attached, multi-family, and commercial lots, on an approximate 250 acre site. 19. Hodges did not sign Proposal No. 05P225H. 20. However, Hodges orally agreed to identical terms with CEDG and asked CEDG to perform the civil engineering work identified in Proposal No. 05P225H. 21. Beginning on or about January 5, 2006, CEDG provided the civil engineering services identified in Proposal No. 05P225H and issued to Hodges invoices for those services. 22. Defendants made partial payments to CEDG in the total amount of $189,374.66 for those services. 23. Defendants became delinquent in making payments for work CEDG performed under Proposal No. 05P225H. 24. Following discussions on how to cure the payment delinquencies, CEDG sent to Defendants the following Proposals for Civil Engineering Services for the Deerwood Community Resort, all dated October 19, 2006: 4 a. Proposal No. 05P225H - SECOND REVISION, a true and correct copy of which is attached to this Complaint as Exhibit C, was a proposal for overall site studies and treatment facilities and Deerwood Villas. The work included the design of a residential development of approximately 179 units on an approximate 290 acre site. b. Proposal No. 06P 140H - REVISED, a true and correct copy of which is attached to this Complaint as Exhibit D, was a proposal related to Deerwood Community Resort Parcel A. The work included the design of 50 single family lots and approximately 340 - 400 condominium/townhouse lots. C. Proposal No. 06P 140H.01 - REVISED, a true and correct copy of which is attached to this Complaint as Exhibit E, was a proposal related to Deerwood Community Resort Parcels B and C. The work included the design of 52 single family lots on 81.17 acres and 140 single family lots on 78.75 acres. 25. On or about November 14, 2006, the parties executed a Contract Amendment dated November 9, 2006, a true and correct copy of which is attached to this Complaint as Exhibit F (the "Contract Amendment"). 26. In the Contract Amendment, Defendants specifically acknowledged that since January 5, 2006, CEDG had performed engineering services under Proposal No. 05P225H and had been paid $189,374.66 for those services. 27. The Contract Amendment contained, inter alia, the following terms and conditions under which CEDG would continue to perform the work identified in Proposal No. 05P225H: a. Proposal 05P225H - SECOND REVISION, Proposal 06P 140H - REVISED, and Proposal 06P 14011.01 - REVISED (all incorrectly identified as being dated November 6, 2006, when they were actually dated October 19, 2006) were acknowledged as revisions to the unexecuted Proposal No. 05P225H; b. Defendants were to pay to CEDG $95,000 for services previously provided or to be provided under Proposal 05P225H - SECOND REVISION, Proposal 06P140H - REVISED, and Proposal 06P140H.01 - REVISED; C. Defendants were to make monthly payments to CEDG of $15,000 commencing on April 1, 2007, and continuing until the balance owed was paid in full; and d. delinquent balances due were secured by a first lien on Lots 42, 58 and 66 in Section B of Deerwood Mountain Estates. 28. CEDG provided civil engineering services pursuant to Proposal 05P225H - SECOND REVISION, Proposal 06P 140H - REVISED, Proposal 06PI40H.0I - REVISED, and the Contract Amendment. 29. Despite repeated demands for payment, there remains an outstanding balance owed to CEDG of $166,496.62 for the civil engineering services CEDG performed under Proposal 05P225H - SECOND REVISION, Proposal 06P140H - REVISED, Proposal 06P140H.01 - REVISED and the Contract Amendment. 30. Defendants have repeatedly promised to pay CEDG for those services, but have failed to do so. 31. A true and correct copy of the CEDG Accounts Receivable Ledger showing the invoicing and payment history is attached to this Complaint as Exhibit G. 32. True and correct copies of the outstanding Invoices are attached to this Complaint as Exhibit H. 6 33. CEDG has fulfilled all conditions precedent to its entitlement to payment for the work performed under the Proposals identified above and the Invoices in Exhibit H. 34. Defendants are in breach of their contracts with CEDG. COUNTI Breach of Contract CEDG v. Hodges 35. Paragraphs 1 through 34, above, are incorporated by reference. WHEREFORE, Plaintiff CEDG, Inc., respectfully requests the Court to enter judgment in its favor against Defendant Hodges in the amount of $95,382.99, plus a service charge of 1-'/Z% per month, interest, costs and all other relief to which Plaintiff may be entitled. COUNT II Contractor and Subcontractor Payment Act CEDG v. Hodges 36. Paragraphs 1 through 35, above, are incorporated by reference. 37. Hodges has violated the provisions of the Pennsylvania Contractor and Subcontractor Payment Act, 73 P.S. § 501, et seq., and consequently is liable to CEDG for interest calculated at the rate of at least 1 % per month (or fraction of a month), a penalty calculated at the rate of 1 % per month, and expenses, including attorneys' fees. WHEREFORE, Plaintiff CEDG, Inc., respectfully requests the Court to enter judgment in its favor against Defendant Hodges in the amount of $95,382.99, plus a service charge of 1-'/2% per month, interest, penalty, expenses, including attorneys' fees, costs and all other relief to which Plaintiff may be entitled. 7 COUNT III Breach of Contract CEDG v. BJC and Hodges 38. Paragraphs 1 through 37, above, are incorporated by reference. WHEREFORE, Plaintiff CEDG, Inc., respectfully requests the Court to enter judgment in its favor against Defendants in the amount of $166,496.62, plus a service charge of 1-'/z% per month, interest, costs and all other relief to which Plaintiff may be entitled. COUNT IV Contractor and Subcontractor Payment Act CEDG v. BJC and Hodges 39. Paragraphs 1 through 38, above, are incorporated by reference. 40. Plaintiffs have violated the provisions of the Pennsylvania Contractor and Subcontractor Payment Act, 73 P.S. § 501, et seq., and consequently are liable to CEDG for interest calculated at the rate of at least I% per month (or fraction of a month), a penalty calculated at the rate of I% per month, and expenses, including attorneys' fees. 8 WHEREFORE, Plaintiff respectfully requests the Court to enter judgment in its favor against Defendants in the amount of $166,496.62, plus a service charge of 1-%z% per month, interest, penalty, expenses, including attorneys' fees, costs and all other relief to which Plaintiff may be entitled. Respectfully submitted, Matthew Chabal, III, Esquire Pa. Attorney I.D. No. 49926 Thomas J. Car, Esquire Pa. Attorney I.D. No. 307100 James Smith Dietterick & Connelly LLP Mail: P.O. Box 650 Hershey, PA 17033 Courier: 134 Sipe Avenue Hummelstown, PA 17036 Phone: (717) 533-3280 Attorneys for Plaintiff 9 VERIFICATION I, Todd N. Stager, hereby aver and state that I have read the foregoing document which has been drafted by counsel. The factual statements contained therein are true and correct to the best of my knowledge, information and belief although the language is that of counsel and, to the extent that the content of the foregoing document is that of counsel, I have relied upon counsel in making this verification. This statement is made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false statements, I may be subject to criminal penalties. Todd N. Stager ??``??? E October 14, 2005 Mr. Nick Hodges Whitetail, LLC 11375 Lafayette Road Mercersburg, PA 17236 Re: Proposal for Civil Engineering Services Shindle Manor Subdivision Peters Township, Franklin County, Pennsylvania Proposal No.: 05P216.01 H Dear Mr. Hodges: Corporate Headquarters 5000 Ritter Road, Suite 203 Mechanicsburg; PA 17055 tel: 717.691.8050 fax: 717.691.8055 www.cedg.net In response to your request, CEDG, Inc. (CEDG) is pleased to submit this proposal to your office for civil engineering services to design a Residential Development in Peters Township. The required services are based on CEDG's understanding of the site development portion of the project, described as follows: • Design of a Residential Development in accordance with the Peters Township Subdivision and Land Development Ordinances • Approximately 232 Units including Single Family Detached, Single Family Attached • Existing approximate 60 Acre in total area • Served by a Public Sanitary Sewer • Community Water Supply design is required • Building Footprints and/or required square footage will be supplied by the Client • Wetlands and floodplains will be delineated • A Traffic Study is required CEDG's ability to deliver services with timely solutions, accuracy, responsiveness and quality enables us to provide you with the comprehensive scope of work outlined within this proposal. SCOPE OF WORK 1. Pre-Design - Civil Engineering Services A. Topographic and Boundary CEDG will perform a boundary survey for the entire +/- 60 acre subject property. It is assumed that good, accessible and useable control is available within 500 feet of the subject property. If these standards are nonexistent or unobtainable, the Owner will be notified of the additional services Other Locations I Ebensburg PA I Hagerstown MD ( King of Prussia PA Mr. Nick Hodges October 14, 2005 Page 2 of 18 and associated fee necessary to obtain such control prior to performance of any such work. CEDG will perform a field topographic survey on the entire +/- 60 acres subject property. The survey will be prepared in accordance with the survey requirements of the Township and County regulations for subdivision and land development plans, as applicable, and standard survey practice. All lines of levels shall be checked by separate check level lines, or on previous turning points or benchmarks. Services to be performed under this task include the following: 1. Show boundary lines, giving length and bearing (including reference or basis) on each straight line; interior angles, radius, point of tangency and length of curved lines. Unless otherwise prohibited by law, where no monument exists, set permanent iron pin (monument) or other suitable permanent monument at property corners of existing property; state on the drawing(s) whether corners were found or set and describe each. 2. Note identity and width of adjoining streets and highways. 3. Show recorded or otherwise known easements and rights-of-way and identify owners. 4. Show individual lot lines and lot block numbers. 5. Show zoning of property. If more than one zone, show the extent of each. 6. Show zoning of adjacent property and across the street(s) or highway(s). 7. Show building line and setback requirements, if any. 8. Give names of owners and deed references of adjacent property. 9. Identify a minimum of one permanent benchmark on site. 10.Contours at 2 foot intervals; error shall not exceed one-half contour interval. 11. Spot elevations as needed. 12. Plotted location of structures, paving and improvements above and below ground. 13. Utility information, as described below, will be provided based on surface evidence and information provided through the Pennsylvania One Call system. a) Horizontal location of water and gas mains, septic fields, fire hydrants within/along the subject property, power, cable television, street lighting, traffic control facilities, communications systems as can be located by visual inspection from the ground surface. Size and depth of such facilities can only be provided if the associated utility companies provide us with such information via plan drawings - as this typically does not occur as part of the Pennsylvania One Call, this information will be provided only after receipt of same from the utility providers. b) Location, size, depth and direction of flow of sanitary sewers, combination sewers, storm drains and culverts serving, or on, the property; location of catch basins and manholes, and inverts of pipe at each. Pipe material shall be identified only where access to said pipe is available. Mr. Nick Hodges October 14, 2005 Page 3 of 18 c) Name of the operating authority, including contact person and phone number, for each utility indicated above as provided by Pennsylvania One Call. 14. Perimeter outline only of thickly wooded areas. 15.Topographic information no more than fifty (50) feet beyond the subject property line. 16. Location of any existing streams and swales. Floodplains of any such watercourses delineated by FEMA mapping shall be delineated on the plans. B. Wetlands Delineation. CEDG will prepare a wetland delineation in accordance with the Pennsylvania Department of Environmental Protection and the Army Corps of Engineers. 1. Delineate in the field the location of the wetlands and/or watercourse boundary using the routine criteria in the Corps of Engineers Wetlands Delineation Manual (Environmental Laboratory 1987) as modified by the 1992 RGL. Gather the necessary data to document the wetlands/watercourse boundary and complete a wetland data sheet for each sample site used to determine the wetland water course boundary. This will include a description of the dominant plant species, soils information, hydrology, and a summary of the rationale used in the determination. 2. Stake and/or flag the wetland/watercourse boundary in the field with surveyor ribbon and consecutively numbered flags. Upon completion of the field delineation, CEDG will locate the wetland/watercourse flags and Sample Point locations with Global Positioning System receivers and plot them on existing site mapping. 3. Prepare a wetlands report summarizing the conditions encountered on the site and the methodology used in determining the wetlands boundary. This report will be suitable for regulatory review and permit applications and will include: a) Project description b) Project location map, soils map, and National Wetlands Inventory (NWI) map c) Methods d) Review of existing documentation (soils information, NWI, etc.) e) Documentation of the wetland identification procedures and findings f) Text descriptions that document and explain observed wetland conditions including wetland locations, size, classification, and necessary soil, vegetation, and hydrologic data g) Point-by-point wetland location map h) Wetland photographs i) Appended technical information (data sheets, agency correspondence, and other relevant support document). 4. Send agency coordination letters to the Pennsylvania Natural Diversity Inventory (PNDI), the U-S. Fish and Wildlife Service and the Pennsylvania Fish and Boat Commission (PAFBC) in order to review existing agency databases Mr. Nick Hodges October 14, 2005 Page 4 of 18 for potential impacts to known or potential threatened and endangered species that may exist on or near the project location. C. Bog Turtle Habitat Assessment Report - CEDG will prepare and submit a Phase I - Bog Turtle Habitat Assessment Report to the US Fish and Wildlife Service (USFWS) and the PA Fish and Boat Commission (PAFBC) for their review and comment. This report will be necessary to identify any potential bog turtle habitat because Franklin Co. is identified as a bog turtle county by the USFWS. D. Public Water Supply (Well) -The new water system will be classified by Pennsylvania Department of Environmental Protection (PADEP) as a Community Water System (CWS), and as such is subject to PADEP's safe drinking water design and construction standards (PA Code Title 25, Chapter 109. These standards require, among other things, that the system owner must own or substantially control the Zone 1 wellhead protection zone around each well (a 100 feet to 400 feet radius); the system must be capable of providing an adequate supply during peak demand; and, the system maintain one (1) day of reserve capacity through either finished storage, back up sources, or interconnections. The proposed development is located in the Potomac River Basin (PRB). Water use in the PRB is not actively regulated by the PRB Commission. CEDG also is not aware of any Peters Township regulations that pertain to development of a new groundwater supply for A CWS. Therefore, the proposed groundwater development project is subject only to PADEP regulations. CEDG estimates that average day use at the proposed development would require about 250 gallons per day (gpd) per unit at a minimum, or about 62,500 gpd. PADEP requires that the system be able to meet or exceed the average day demand with the largest producing source out of service. Based on PADEP requirements and prudent design criteria, the proposed system should have a minimum of two (2) production wells to meet projected average and peak system demands in order for one well to meet average day demand while a second well is out of service. The following describes CEDG's proposed work scope. 1. Project Kick-Off Meeting a) CEDG will meet with the Client to discuss the project in order to establish current and future water supply needs, gain understanding of the property resources, and review preferable areas for well sites with respect to the preliminary or conceptual plan for the development. At this time, the Client should provide copies of pertinent information, such as any previous subsurface or hydrogeologic investigation(s), information for any existing well(s), locations of existing infrastructure, and any other information pertinent to the groundwater development project. b) At Client's option, a pre-application meeting can be held with PADEP to discuss the proposed development. The purpose of the meeting is to discuss the major permitting requirements for the Mr. Nick Hodges October 14, 2005 Page 5 of 18 proposed development, provide PADEP personnel with an understanding of the project before CWS application is submitted, and to generally improve communication and facilitate later approval of the CWS application. 2. Hydrogeologic Investigation and Well Site Identification a) CEDG will perform a hydrogeologic characterization of the site with the overall purpose of identifying the most favorable sites for future production wells. This investigation will first utilize existing published hydrogeologic reports for the area as produced by Pennsylvania Geologic Survey (PGS), United Stated Geologic Survey (USGS), and any other available information for the area, to determine the bedrock formations of the area. Based on this published information, these formations will be ranked with regard to aquifer productivity and recharge rates. CEDG will also prepare a preliminary groundwater availability analysis for these formations in order to estimate the approximate sustainable yield for each formation during both an average precipitation and drought year condition (i.e., 1 in 10 year probability drought). Based on our understanding of the proposed site location, the Martinsburg Formation and the Chambersburg Formation are the target bedrock aquifers at the site. b) The PADEP office will be contacted for information regarding any existing water quality issues in the area of the site. If necessary, CEDG will also complete a search of environmental databases maintained by PADEP and USEPA to identify other existing and potential water quality issues. c) Based on the water quantity and quality information, CEDG will identify the most favorable aquifer(s) for the proposed production wells. This information will be provided to the Client in the form of a draft map that depicts the target aquifers and the potential areas for groundwater development. Based on input from the Client, the potential areas will be further refined in consideration of the overall proposed site layout and facilities, known areas of groundwater degradation, current zoning, and any other information that would affect development of a long-term groundwater source. A base map will then be prepared which delineates the recommended areas for production well development. d) In order to select specific well sites in the recommended well development areas, CEDG will complete a fracture trace analysis using available aerial photographs. USGS stereo-paired photos of 1:24,000 scale are preferred. The purpose of the analysis is to identify the apparent earth fractures and lineaments which represent the zones of greatest bedrock transmissivity. The most productive well sites would be located at the intersection of two or more such zones. After the photographic analysis, CEDG will complete a field inspection at each site in order to confirm the presence of earth fracturing (typically represented as a surficial sag or depression), and Mr. Nick Hodges October 14, 2005 Page 6 of 18 stake the location for possible future installation of a test well. Based only on the size of the site, CEDG anticipates staking 4 to 6 sites. CEDG will also review the current land use in the vicinity of each proposed well site to determine whether current conditions represent a water quality threat, and whether there are any activities that might preclude development of the site. The well sites will be ranked in order of most to least favorable with respect to potential yield. e) An important consideration for each well site is whether the owner can satisfy the PADEP wellhead protection criteria, which requires that the Zone 1 area, which ranges from a 100 to 400 foot radius centered at the well, be owned or substantially controlled by the CWS. Therefore, as part of the final well site selection process, Client should evaluate the land ownership and proposed future land uses in order to ensure the needed land control surrounding each potential well site. 3. Sanitary Survey and Pre-Drilling Plan a) After well sites are selected, CEDG will arrange an on-site meeting with PADEP to review well site locations for approval. Assuming that the sites are approved, CEDG will proceed with preparing a Pre- Drilling Plan for subsequent review and approval by PADEP. The Pre- Drilling Plan describes the pertinent site conditions, hydrogeologic setting, proposed drilling and well construction methods, the proposed well testing, and any potential for impact to area water resources. Upon PADEP approval of the pre-Drilling Plan, CEDG will prepare a well drilling and construction specification, which will describe the proposed drilling methodology, construction (diameter, casing depth, etc.), target depth, development, and testing. Generally, a 6-inch or 8-inch diameter test well should first be installed, and then reamed and reconstructed if the yield and water quality are satisfactory. The specification would be issued in a format suitable for bid solicitation. CEDG will submit the specification to three (3) qualified drilling contractors, and along with input from CLIENT, select a contractor based on the overall best value for services. 4. Test Well Drilling and Production Well Construction a) CEDG will proceed with the oversight of drilling two (2) test wells at the highest ranked sites. All work will be performed under the direct supervision of a Pennsylvania-registered Professional Licensed Geologist, as required by PADEP. The site hydrogeologist will supervise the drilling, and prepare a well log that describes the lithology, water bearing zones, and preliminary water quality for each test well. Based on the blown yield from each test well, CEDG will recommend a final reconstruction method, and estimate the sustained yield from each well after reconstruction. CEDG may recommend completing a video log of the wells to confirm subsurface conditions and to select the final casing depth. Based on the Mr. Nick Hodges October 14, 2005 Page 7 of 18 estimated yields, additional test wells may be necessary to obtain a sufficient quantity of water for the proposed development. b) CEDG will oversee the reconstruction of each test well after Client approval. Generally, reconstruction will involve removing the temporary steel casing, reaming to the final casing depth, installing permanent steel casing that is grouted and sealed to the proper depth, and proceeding with reaming the borehole to the final well depth. If appropriate, CEDG will require the drilling contractor to perform plumbness and alignment testing to ensure that the permanent pump and riser pipe can be installed without hindrance. 5. Production Well Testing a) Each production well must be tested as part of the permitting process. In accordance with PADEP requirements, CEDG will perform 48-hour pumping tests on each well in order to assess the overall aquifer performance. The purpose of the testing is to reliably determine the long term sustainable yield, and assess impact to the local surface and groundwater. Each test will require monitoring any existing nearby wells and surface water features (e.g., springs and stream) to determine any significant impacts due to groundwater withdrawal from the new production wells. A drilling contractor will need to provide the temporary pump, power, controls and metering, and discharge for the pumping tests. Prior to conducting the pumping tests, CEDG will review the procedures and monitoring points (surface and groundwater) with PADEP for their approval. A step-drawdown test will be performed prior to the constant rate test, in order to establish an appropriate pumping rate for the constant- rate test, and estimate the well efficiency. Each test will also include background monitoring to determine baseline aquifer conditions and surface water flows. After each 48-hour test, recovery monitoring will be performed for a minimum of 24 hours. b) The conclusion of each test, CEDG will collect groundwater samples for analysis for PADEP's New Source Parameters. This suite of analyses includes the inorganic, organic, and radiologic parameters required by PADEP for new sources of water used by a CWS. Where feasible, CEDG will request a waiver for those parameters not considered to be a potential contaminant (e.g., dioxin). If the Surface Water Identification Protocol (SWIP) requirements are applicable, CEDG will coordinate with PADEP personnel to ensure that a sample is also collected for a new source microscopic particulate analysis that would be completed by PADEP. 6. Reporting a) At the conclusion of the testing, CEDG will prepare a concise project report that summarizes the construction and testing of the new production wells. The report will include the information I Mr. Nick Hodges October 14, 2005 Page 8 of 18 required by PADEP to enable approval of each new source for the new CWS, such as: • Hydrogeologic setting • As-built cross section diagrams for each well • Results and analysis of aquifer testing (i.e., the pumping test) • Long term sustainable well yield • Summary of any impacts to surface and groundwater from proposed groundwater withdrawals from the new wells. • Groundwater quality summary • Wellhead production The report will include all necessary site plans, figures, graphs, and calculations needed to adequately support the findings and conclusions of the project. The report will also include recommendations for the size and setting of the permanent well pump, and normal operating parameters and monitoring, for each production well. E. Traffic Study - CEDG will prepare a Traffic Study in accordance with Peters Township and PennDOT requirements. Please note that the fee indicated in the compensation section is an estimate. Further investigation with PennDOT and the Township and data collection is required to fine tune the fee. 1. Task I. Study Area Investigation a) Submit a TIS scope confirmation memorandum to PennDOT and the Township. b) Obtain information from PennDOT and the Township regarding any planned roadway improvements in the study area. c) Request crash data from PennDOT for the study area intersections. d) Obtain a copy of the PennDOT approved traffic signal permit plans of the study intersections. 2. Task II. Field Data Collection a) Conduct manual traffic counts during the weekday morning (7:00 a.m. to 9:00 a.m.) and weekday evening (4:00 p.m. to 6:00 p.m.) at five intersections, b) Describe the external road system in the study area as defined by the study area intersections. c) Measure the existing sight distances at the proposed access drive location in accordance with PennDOT sight distance measurement methodology. 3. Task III. Existing & Base Year Volume Development a) Determine the projected increase in traffic at the study area intersections due to background growth. b) Based on discussions with the Township, determine the projected increase in traffic in the study area due to developments which are Mr. Nick Hodges October 14, 2005 Page 9 of 18 not currently operating but which will be operating by the build-out year for the above-referenced project. For purposes of this proposal, it was assumed that one such development would have to be included. c) Develop 2018 Base Condition traffic volumes for the study area intersections. 4. Task IV. Trip Generation/Distribution and Projected Volume Development a) Determine the trip generation of the proposed development on a daily and peak highway hour basis using the Institute of Transportation Engineers Trip Generation Manual. b) Using trip distribution rates developed from an analysis of existing traffic patterns in the study area, distribute and assign the site- generated traffic to the driveways and the study area intersections on the local road network. c) Determine 2011 Projected Condition traffic volumes for the study area. 5. Task V. Analyses a) Conduct capacity analyses at the study area intersections for Existing, Base, and Projected Conditions, and at the driveway intersection for Projected Conditions. b) Compare Base Condition and Projected Condition LOS to determine the traffic impact at the study area intersections attributable to the site. c) For roadways and intersections within the study area, determine roadway improvements necessary to mitigate the traffic impacts (if any) attributable to the site. d) Conduct analyses to determine the need for (and, if necessary, the length of) separate turn lanes at the driveway intersection and the study area intersections for Projected Conditions. e) Conduct preliminary traffic signal warrant analyses (based on peak hour traffic volumes) at any deficient unsignalized intersections for Projected Conditions. f) Conduct queue analyses at study area intersections that are currently signalized or proposed to be signalized. g) For the proposed driveway location, conduct analyses to compare the existing (measured) sight distances to the applicable sight distance standards. h) Review the crash data obtained and identify intersections at which five or more correctable reportable crashes occurred during a continuous twelve-month period over the past three years. 6. Task VI. Report Preparation & Preparation a) Prepare a report of findings discussing the results of the studies. b) Submit a draft report to the client for review. c) Schedule a conference call to discuss the results of the TIS. d) Submit the TIS to PennDOT and the Township for review. Mr. Nick Hodges October 14, 2005 Page 10 of 18 11. Design - Site Engineering Services A. Cover Sheet, Existing Conditions and Demolition Plan - Prepare a Cover Sheet showing a vicinity map, title of project, index of sheets, list of governing agencies and any pertinent signature blocks. Prepare an Existing Survey Plan showing the existing conditions, including topography, utilities, vegetation, structures, pavements, drainage, rock outcroppings, adjoining streets with all horizontal and vertical control locations, delineated wetlands and the 100 year flood plain elevation (if applicable), etc. Prepare a Demolition Plan showing and noting all existing structures, utility lines and all other items to be removed. Existing building structures, trees, utility lines, drives, etc. which are to remain will be noted and any protection or phasing that is necessary will be provided on the Plans. B. Subdivision and Easement Plan - Prepare a Subdivision Plan showing dimensioning and labeling of the proposed lot lines, roadway network, property lines, signage, landscaped buffer areas (if required), open space areas, traffic control signs and striping, entrance, radii, fences, setback lines, easements, undisturbed buffers and horizontal control. Dimensioning and/or coordinates shall be shown to locate all improvements. To prepare the Subdivision Plan, CEDG will research and plot recorded easement information. C. Site Layout Plan - Prepare a Site Layout Plan showing and dimensioning proposed roadway network, horizontal curve data, access drive, buildings, etc. Dimensioning and/or coordinates shall be shown to locate all improvements. D. Grading Plan- Prepare a Grading Plan showing the existing and proposed contours, benchmarks, infrastructures, buildings, spot elevations in all high and low points, stormwater detention facilities, tree protection and undisturbed buffers. E. Storm Drainage Plan Prepare a Storm Drainage Plan and Profiles including proposed drainage system; inlet and manhole tops and inverts, pipe size, type and slope, stormwater detention facilities and outlet structures, endwalls, rip-rap aprons, ditches and channels F. Sanitary Sewer Plan - Prepare Sanitary Sewer Plan and Profiles showing and labeling the proposed sanitary sewer system, manholes, valves and cleanouts. The plan will note type, size, and slope of pipes, and invert elevations/top elevations of junction structures. G. Water Distribution System Plan - Prepare Water Distribution System Plan and Profiles showing and labeling the proposed water system including piping, valves, cleanouts, manholes, pipe sizes, pipe material and inverts. Mr. Nick Hodges October 14, 2005 Page 11 of 18 H. Roadway Plan and Profiles - Prepare Roadway Plan and Profiles showing and labeling the proposed roadway network including vertical curves, grading and all utility crossings. 1. Detail Sheets - Prepare separate detail plans showing all standard site details, utility details, drainage details and erosion and sediment control details. 1. Design of Water Supply Pumping and Disinfection System (Wellhouse) 1. Preparation of Engineer's Design Report - CEDG will prepare a report detailing the calculations used to determine the equipment selected. This report will also include cut-sheets of the selected items. 2. Preparation of Drawings - CEDG will prepare drawings for the proper construction of the water supply pumping and disinfection system. Drawings will include all items related to water supply from the well to connection of the distribution system. These drawings will include building design, system layout, cross sections, pipe routing and details. 3. Preparation of Technical Specification - CEDG will prepare technical specification in CSI format for all items related to the water supply pumping and disinfection system. 111. Regulatory Agency Requirements A. Application for Preliminary Subdivision Plans - CEDG will prepare the necessary engineering plans, reports and applications for the submittals to the Township. The submittals will include those engineering items outlined in the Township ordinances. CEDG anticipates attending, two Planning Commission meetings and two Township Board of Supervisors meeting. In addition, CEDG will meet with the Client for coordination as necessary. B. Stormwater Management Plan and Report -Stormwater management systems will be required and designed in accordance with the requirements of the Peters Township Stormwater Management Ordinance. If the Township requires off- site improvements to convey the proposed discharge from any on-site stormwater conveyance and/or detention facilities to an acceptable facility off-site, you will be notified. A scope with associated fee for preparation of such application will be provided at that time. Receipt of written authorization from you will be required prior to the performance of any such services. C. Erosion and Sediment Control Plan and Report - Prepare an Erosion and Sediment Control Plan showing the erosion control measures (including grading) such as construction entrance, silt fence, sediment basin or trap, stone laydown area, erosion control notes and phasing by number sequence, paved areas, contours, drainage system, inlet protection, diversion dikes, construction and Mr. Nick Hodges October 14, 2005 Page 12 of 18 general erosion control notes. The Erosion and Sedimentation Control Plans will be prepared in accordance with the current requirements of the Franklin County Soil Conservation District. D. NPDES Permit for Stormwater Discharges Related to Construction Activities - Based on this proposal, the proposed improvements will disturb more than one (1) acre of land. therefore, an NPDES Permit for stormwater discharges Mr. Nick Hodges October 14, 2005 Page 13 of 18 E. related to construction activities will be required. CEDG will prepare and submit the permit application and supporting documentation. F. Permitting of Water Supply Pumping and Disinfection System - CEDG shall prepare the water supply permit application including the modules for completeness, general design, groundwater sources and disinfection. COMPENSATION The fee associated with the scope of work is as follows: 1. Pre-Design - Site Engineering Services A. Topographic and Boundary Survey ........................................ $25,020 B. Wetlands Delineation ............................................................... $1,000 C. Bog Turtle Habitat Assessment Report ....................................... $250 D. Public Water Supply Well ....................................................... $58,030 1. Additional Cost for Well (2) Construction ($53,000) E. Traffic Study ............................................................................ $15,500 Total Pre-Design Phase .......................................................$84,300 11. Design - Site Engineering Services A. Cover Sheet, Existing Conditions and Demo Plan ................ .. $4,790 B. Subdivision and Easement Plan ............................................... $8,510 C. Site Layout Plan ...................................................................... .. $8,350 D. Grading Plan .............................................................................. $9,390 E. Storm Drainage Plan .............................................................. $10,110 F. Sanitary Sewer Plan .................................................................. $6,110 G. Water Distribution Plan .......................................................... .. $3,810 H. Roadway Plan and Profiles ...................................................... $8,870 1. Detail Sheets ........................................................................... .. $6,390 J. Wellhouse ................................................................................ $26,800 Total Design Phase ............................................................. $93,130 111. Regulatory Agency Requirements A. Application for Preliminary Plan Submission ...... .................. $12,160 S. Storm Water Management Plan and Report ...... .................. $13,160 C. Erosion and Sediment Control Plan and Report .................. $13,160 D. NPDES Permit and Post Construction SW Report .................. $12,280 E. Public Water Supply (Wellhouse) ........................ .................. $10,560 Total Regulatory Agency Requirements Phase ................$61,320 Grand Total ......... $238,750 CEDG will perform the above stated services for an estimated fee of Two Hundred Thirty - Eight Thousand, Seven Hundred Fifty ($238,750) dollars. The above noted services shall be Mr. Nick Hodges October 14, 2005 Page 14 of 18 provided in accordance with the attached General Provisions of Engineer's Letter Agreement. Reimbursable expenses are in addition to the fee compensation for engineering services and include expenses incurred by CEDG and CEDG's employees and subconsultants. Permit and applications fees are not included in this proposal. This work may be authorized by signing in the space provided at the end of this proposal and returning a copy of the signed contract with an original signature. ADDITIONAL SERVICES A. CEDG has included attending two meeting with each for the Township Planning Commission and the Board of Supervisors; however, the amount of meetings that will be needed for other regulatory agencies (PennDOT, Conservation District, etc.) is unknown. B. In the event that the performance of services not specifically provided for in this scope are requested by the Client, a regulatory/reviewing agency or any other entity authorized to make such a request, then the hourly rates shall apply conditioned upon written authorization from the Client. C. A change in design concept following approval of the sketch plan, or submission of the Preliminary Subdivision Plans to the Township will be considered a change in scope of services and CEDG will be entitled to additional compensation at the hourly rates. D. Changes to design codes, regulatory requirements or agency approval procedures enacted after the date of this proposal will be considered a change in the scope of services. CEDG will be entitled to additional compensation at the hourly rates if additional work or redesign of completed work is required to comply with the new regulations. E. As the specifics of the treatment system are unknown at this time, this proposal does not include structural design or electrical design. The design of the wellhouse only includes disinfection. This proposal does not include the design of retaining walls, off-site drainage, off-site sanitary sewer or water, pump stations, off-site street improvements or irrigation. This proposal does not include permitting for stream crossings. F. This proposal does not include, bidding assistance, specification preparation, construction observation, deed descriptions for the individual lots, easement exhibits or legal descriptions, construction stakeout or construction management. G. This proposal does not include site development permit and review fees. H. This proposal does not include the design of water storage tanks and fire flow pumps. CEDG assumes that only disinfection is required for treatment. Mr. Nick Hodges October 14, 2005 Page 15 of 18 1. Client Responsibilities - Client shall provide all criteria and full information as to the requirements for the Project, including any proposed residential or commercial facility building footprints in electronic format, design objectives and constraints, space, capacity and performance requirements, flexibility and expendability, and any budgetary limitations; and furnish copies of all design and construction standards that the Client will require to be included in the Drawings. CEDG may use and rely upon the accuracy of furnished information without verification in performing service under this agreement. 1. Review of Drawings - CEDG will not proceed to a subsequent phase of basic services until Client reviews and accepts the work completed during the previous phase. These reviews will occur prior to submission of the sketch plan, Tentative and Final Subdivision Plans to the Township. Client agrees to provide notice to proceed to the next phase within five days of receipt of completed work. Failure to provide notice may extend the schedule of the project. CEDG will establish a schedule for the Subdivision Plan process and will work with you to meet the schedule. CEDG has no control over the review time for regulatory agencies; however, CEDG will work closely with the agencies to expedite the review process. CEDG appreciates your consideration of our firm and looks forward to working with you on this project. If you have any questions or require additional information, please do not hesitate to contact us. Very truly yours, CEDG, Inc. Todd N. Stager, P.E. President Approved by: Signature Title Date Mr. Nick Hodges October 14, 2005 Page 16 of 18 CEDG, Inc. General Provisions of Engineer's Letter Agreement ARTICLE 1. GENERAL These General Provisions are incorporated as an integral part of the letter-type agreement to which they are attached between CEDG, Inc., a Mechanicsburg, Pennsylvania corporation, herein referred to as CEDG, and the CLIENT of the Project addressed in such letter-type agreement, wherein the CLIENT engages CEDG to provide certain engineering, planning and/or surveying services on a Project. As used herein, the term "this Agreement" refers to (1) the CEDG Proposal Letter which becomes the Letter Agreement upon its written acceptance by the CLIENT, (2) these General Provisions and (3) any attached Exhibits, as if they were part of one and the same document. In event that these provisions conflict with the proposal letter or exhibits, the proposal letter and its exhibits shall govern. ARTICLE 2. PERIOD OF SERVICE The term of this Agreement for the performance of services hereunder shall be set forth in the Letter Agreement. In this regard, any lump sum or estimated maximum payment amounts set forth in the Letter Agreement have been established in anticipation of an orderly and continuous progress of the Project in accordance with any schedule set forth in the Letter Agreement or any exhibits attached thereto. Unless the schedule is a requirement of the Agreement, the work shall process in a timely manner as determined by CEDG. ARTICLE 3. COMPENSATION TO CEDG Compensation to CEDG for professional services described in this Agreement shall be on a Lump Sum basis and/or an Hourly Rate Basis as designated in the Letter Agreement and as hereinafter described. 1. A Lump Sum method of payment for CEDG's services shall apply to all parts of a work scope where CEDG's tasks can be readily defined and/or where the level of effort required to accomplish such tasks can be estimated with a reasonable degree of accuracy. The CLIENT shall make monthly payments to CEDG within 30 days of date of invoice based on an estimated percentage of completion of CEDG's services. 2. An Hourly Rate method of payment for CEDG's services shall apply to all or parts of a work scope where CEDG's tasks cannot be readily defined and/or where the level of effort required to accomplish such tasks cannot be estimated with any reasonable degree of accuracy. Under an hourly method of payment, CEDG shall be paid for the actual hours worked on the Project by CEDG's technical personnel times an hourly billing rate established for each employee. Hourly billing rates shall include compensation for all salary costs, payroll burden, general and administrative overhead and professional fee. A rate schedule shall be furnished by CEDG to CLIENT upon request. The CLIENT shall make monthly payments to CEDG within 30 days of date of invoice based on the amount of work completed. In addition to the foregoing, CEDG shall be reimbursed at cost plus 20% for the following expenses when incurred in the performance of the work: a) Travel and subsistence. b) Outside professional and technical services and agency fees, c)ldentifiable reproduction, reprographic, and delivery costs. The CLIENT shall make monthly payments to CEDG within 30 days of date of invoice for services provided and expenses incurred to date, accompanied by supporting evidence as required and stated in the Letter Agreement. The CLIENT will pay the balance stated on all invoices unless CLIENT notifies CEDG in writing of the particular item that is alleged to be incorrect, within 15 days from the date of the invoice, in which case, only the disputed item will remain undue until resolved by the parties. All accounts unpaid after 30 days from the date of original invoice shall be subject to a service charge of 1-1/2% per month, or the maximum amount authorized by law, whichever is less. In addition, CEDG may, after giving 7 days written notice to the CLIENT, suspend services under this Agreement until CEDG has been paid in full for all amounts then due for services, expenses and charges. The Client additionally agrees to pay all attorney fees, collection fees, court and lien costs and other such expenditures incurred to satisfy any unpaid balance. ARTICLE 4. GOVERNMENT APPROVAL CEDG shall provide services defined herein based on education, training, experience, and judgment as a design professional familiar with the industry. Since CEDG has no control over government agencies responsible for review and approval of designs, CEDG cannot and does not guarantee government approval. CEDG shall not be liable for damages resulting from the actions or inactions of government agencies, and CEDG shall only act as an advisor in all governmental relations. CLIENT agrees that payment of professional fees is not contingent upon approvals by a governmental body or agency. ARTICLE S. EXTRA WORK If CEDG is of the opinion that any work they have been directed to perform is beyond the Scope of this Agreement, or that the level of effort required significantly exceeds that estimated due to changed conditions and thereby constitutes extra work; they shall promptly notify the CLIENT of that fact. Extra work, additional compensation for same, and extension of time for completion shall be covered by a Supplemental Agreement entered into by both parties prior to proceeding with any extra work or related expenditures. in the event of unresolved dispute over change in scope or changed conditions, this Agreement may be terminated upon 7 days written notice as provided in Article 6. ARTICLE 6. ABANDONMENT, CHANGE OF PLAN AND TERMINATION Either Party has the right to terminate this Agreement upon 7 days written notice for failure to perform in accordance with the Letter Agreement. In addition, the CLIENT may at any time, reduce the scope of this Agreement. Such reduction in scope shall be set forth in a written notice from the CLIENT to CEDG. Mr. Nick Hodges October 14, 2005 Page 17 of 18 In the event of reduction in scope of the Project work, CEDG shall be paid for the work performed and expenses incurred on the project work thus reduced and for all completed and abandoned work, for which payment has not been made, computed in accordance with the provisions of Article 3 and the Letter Agreement. In the event of termination and payment by the CLIENT of amounts due for work performed and expenses incurred to the date and time of termination, computed in accordance with the provisions of Article 3 and the Letter Agreement, all documents, finished or unfinished, prepared by CEDG under this Agreement shall be made available by CEDG to the CLIENT and there shall be no further obligation of the CLIENT to CEDG under this Agreement. ARTICLE 7. DISPOSITION OF PLANS, REPORTS AND OTHER DATA At the time of completion or termination of the work and upon payment of all invoices, CEDG shall make available to the CLIENT copies of all maps, tracings, reports, resource materials and other documents pertaining to the work or to the Project. All such documents are not intended or represented to be suitable for reuse by the CLIENT or others on extensions of the Project or any other project. Any reuse without verification or adaptation by CEDG for the specific purpose intended will be at CLIENT's sole risk and without liability or legal exposure to CEDG. In this regard, the CLIENT will indemnify and hold harmless CEDG from any and all suits or claims of third parties arising out of such reuse, including legal expenses, which is not specifically verified, adapted or authorized by CEDG. ARTICLE 8. CLIENT'S RESPONSIBILITIES A. To permit CEDG to perform the services required hereunder, the CLIENT shall provide, in proper time and sequence, the following at no expense to CEDG. 1. All necessary information regarding CLIENT requirements as necessary for orderly progress of work. 2. Designate in writing, one person to act as CLIENT's representative with respect to the services to be rendered under this Agreement. Such person shall have authority to transmit instructions, receive instructions, receive information, interpret and define CLIENT's policies with respect to CEDG's services. 3. Furnish, as required for performance with respect to CEDG's services (except to the extent as provided otherwise in the Letter Agreement or any Exhibits attached hereto), data prepared by or services of others, including without limitation, core borings, probings and subsurface explorations; laboratory tests and inspections of samples; appropriate professional interpretations of all of the foregoing; environmental assessment and impact statements; property, boundary, easement, right-of-way, topographic and utility surveys; property descriptions; zoning, deed and other land use restrictions; and other special data not covered in the Letter Agreement or any Exhibits attached hereto. 4. Provide access to, and make all provisions for CEDG to enter upon publicly or privately owned property as required to perform the work. S. Act as liaison with other agencies or involved parties to carry out necessary coordination and negotiations; furnish approvals and permits from all governmental authorities having jurisdiction over the Project and such approvals and consents from others as may be necessary for completion of the Project. 6. Examine all reports, sketches, drawings, specifications and other documents prepared and presented by CEDG, obtain advice of an attorney, insurance counselor or others as CLIENT deems necessary for such examination and render, in writing, decisions pertaining thereto within a reasonable time so as not to delay the services of CEDG. 7. Give prompt written notice to CEDG whenever CLIENT observes or otherwise becomes aware of any development that affects the scope or timing or CEDG's services or any defect in the work of Construction Contractor(s), Consultants or CEDG. & Initiate actions, where appropriate, to identify, remove and/or encapsulate asbestos products or materials or other such hazardous materials located in the Project area prior to accomplishment of any work contemplated under the Project. 9. Provide such accounting, independent cost estimating and insurance counseling services as may be required for the Project, such legal services as CLIENT may require or CEDG may reasonably request with regard to legal issues pertaining to the Project including any that may be raised by Contractor(s), such auditing services as CLIENT may require to ascertain how or for what purpose any Contractor has used the moneys paid under the construction contract, and such inspection services as CLIENT may require to ascertain that Contractor(s) are complying with any law, rule, regulation, ordinance, code or order applicable to their furnishing and performing the work. 10. Provide "record" drawings and specifications for all existing physical plants or facilities which are pertinent to the Project. 11. Provide other services, materials, or data as may be set forth in the Letter Agreement or any Exhibits attached hereto. B. CEDG shall be entitled to rely on the accuracy and completeness of information furnished by the CLIENT. If CEDG finds that any information furnished by the CLIENT is in error or is inadequate for its purpose, CEDG shall promptly notify the CLIENT. ARTICLE 9. OPINIONS OF COST Opinions of probable project cost, construction cost, financial evaluations, feasibility studies, economic analyses of alternate solutions and utilitarian considerations of operations and maintenance costs provided for in the Letter Agreement of any Exhibits attached hereto, are made on the basis of CEDG's experience and qualifications and represents CEDG's judgment as an experienced and qualified design professional. It is recognized, however, that CEDG does not have control over the cost of labor, material, equipment or services furnished by others or over market conditions or contractors' methods of determining their prices, and that any evaluation of any construction work to be performed on the basis of CEDG's cost opinions, must of necessity, be speculative until completion of construction or acquisition. Accordingly, CEDG does not guarantee that proposals, bids or actual costs will not substantially vary from opinions, evaluations or studies submitted by CEDG to CLIENT hereunder. ARTICLE 10. CONSTRUCTION PHASE SERVICES CLIENT acknowledges that it is customary for the architect or engineer who is responsible for the preparation and furnishing of Drawings and Specifications and other construction-related documents to be employed to provide professional services during the Bidding and Construction Mr. Nick Hodges October 14, 2005 Page 18 of 18 Phases of the Project, (1) to interpret and clarify the documentation so furnished and to modify the same as circumstances revealed during bidding and construction may dictate, (2) in connection with acceptance of substitute or equal items of materials and equipment proposed by bidders and Contractor(s), (3) in connection with approval of shop drawings and sample submittals, and (4) as a result of and in response to CEDG's detecting in advance of performance of affected work inconsistencies or irregularities in such documentation. CLIENT agrees that if CEDG is not employed to provide such professional services during the Bidding (if the work is put out for bids) and the Construction Phases of the Project, (1) CEDG will not be responsible for, and CLIENT shall indemnify and hold CEDG (and CEDG's professional associates and consultants) harmless from all claims, damages, losses and expenses including attorneys' fees arising out of, or resulting from, any interpretation, clarification, substitution acceptance, shop drawing or sample approval or modification of such documentation issued or carried out by CLIENT or others and (2) the CLIENT assume all responsibility for interpretation of the contract documents and for construction observation. Nothing contained in this paragraph shall be construed to release CEDG (or CEDG's professional associates or consultants) from liability for failure to perform in accordance with professional standards any duty or responsibility which CEDG has undertaken or assumed under this Agreement. Neither the professional activities of CEDG, nor the presence of CEDG or its employees and sub consultants at a construction site, shall relieve the General Contractor of its obligations, duties and responsibilities including, but not limited to, construction means, methods, sequence, techniques or procedures necessary for performing, superintending and coordinating the Work in accordance with the contract documents and health or safety precautions required by regulatory agencies. CEDG and its personnel have no authority to exercise control over construction contractor or its employees in connection with their work or health or safety program or procedures. The Client agrees that the General Contractor shall be solely responsible for jobsite safety, and warrants that this intent shall be carried out in the Client's contract with the General Contractor. The Client also agrees that the Client, CEDG and CEDG's sub consultants shall be indemnified by the General Contractor and shall be made additional insureds under the General Contractor's policies of general liability insurance. ARTICLE 11. ERRORS AND OMISSIONS In providing services under this Agreement, CEDG will endeavor to perform in a manner consistent with the degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances. If, after the construction has begun, an error or omission is discovered and the item can still be provided in the sequence of construction without premium cost to the CLIENT, the CLIENT agrees to pay for this item as if it had been included in the original construction documents. If this error or omission is discovered out of sequence with the construction timetable, then CEDG will pay for the premium cost to have this item corrected or included, with the CLIENT paying for the item's basic cost as if It had been included in the original documents. If the premium cost falls below 2% of the defined construction cost, then the entire premium cost shall be the responsibility of the CLIENT. This premium cost concept for errors and omissions is not applicable if the CLIENT chooses not to employee CEDG during construction phase services per Article 10 above. To the maximum extent permitted by law, the CLIENT agrees to limit CEDG's liability for the CLIENT damages to the sum of $50,000 or CEDG's fee, whichever is greater. This limitation shall apply regardless of the cause of action or legal theory pled or asserted. ARTICLE 12. INSURANCE CEDG maintains insurance coverage including Workmans' Compensation Insurance, Employer's Liability Insurance, Commercial General Liability Insurance, Automobile Liability Insurance and Professional Errors and Omission (E&O) Insurance. CEDG agrees to attempt to maintain Professional (E&O) liability coverage for the period of design and construction of the Project, and for a period of three (3) years following substantial completion, if such coverage is reasonably available at commercially affordable premiums. Certificates of Insurance will be furnished upon request. ARTICLE 13. DISPUTE RESOLUTIONIMEDIATIONILITIGATION In an effort to resolve conflicts that arise during the design and construction of the Project or following the completion of the Project, the Client and CEDG agree that all disputes arising out of or relating to this Agreement or the Project shall be first submitted to non-binding mediation unless the parties mutually agree otherwise. In the event of litigation arising from or related to this Agreement or the services provided under this Agreement, the prevailing party shall be entitled to recover from the non-prevailing party all reasonable costs incurred, including staff time, court costs, attorney's fees and all other related expenses in such litigation. ARTICLE 14. INDEMNIFICATION In addition, and notwithstanding any other provisions of this Agreement, the Client agrees, to the fullest extent permitted by law, to indemnify and hold harmless CEDG, its officers, directors, employees and sub consultants (collectively, CEDG) against all damages, liabilities or costs including reasonable attorneys' fees and defense costs, arising out of or in any way connected with this Project or the performance by the parties above named for the service under this Agreement, excepting only those damages, liabilities or costs attributable to the negligent acts or negligent failure to act by CEDG. ARTICLE 15. ASSIGNMENT This Agreement, being intended to secure the personal service of the individuals employed by and through whom CEDG performs work hereunder, shall not be assigned, sublet or transferred without the written consent of the CLIENT and CEDG. ARTICLE 16. CONTROLLING LAW This agreement is to be governed by the laws of the State of Pennsylvania. ??/ Q? October 12, 2005 Mr. Nick Hodges Whitetail, LLC 11375 Lafayette Road Mercersburg, PA 17236 Re: Proposal for Civil Engineering Services Deerwood Community Resort Montgomery Township, Franklin County, Pennsylvania Proposal No.: 05P225H Dear Mr. Hodges: In response to your request, CEDG, Inc. (CEDG) is pleased to submit this proposal to your office for civil engineering services to design a Residential Development in Montgomery Township. The required services are based on CEDG's understanding of the site development portion of the project, described as follows: • Design of a Residential Development in accordance with the Montgomery Township Subdivision and Land Development Ordinances and past precedence of the Township • Approximately 1000 Units including Single Family Detached, Single Family Attached, Multi-Family and Commercial Lots • The Commercial Lots will be subdivided, but not design for land development • Existing approximate 250 Acre in total area • Served by a Proposed Private Wastewater Treatment Plant • Public Water supply design is required • Building Footprints and/or required square footage will be supplied by the Client • Wetlands and floodp1ains will be delineated • A Traffic Study is required CEDG's ability to deliver services with timely solutions, accuracy, responsiveness and quality enables us to provide you with the comprehensive scope of work outlined within this proposal. SCOPE OF WORK 1. Pre-Design - Civil Engineering Services A. Wetlands Delineation. CEDG will prepare a wetland delineation in accordance with the Pennsylvania Department of Environmental Protection and the Army Corps of Engineers. 1. Delineate in the field the location of the wetlands and/or watercourse boundary using the routine criteria in the Corps of Engineers Wetlands Delineation Manual (Environmental Laboratory 1987) as modified by the 1992 Mr. Nick Hodges October 12, 2005 Page 2 of 18 RGL. Gather the necessary data to document the wetlands/watercourse boundary and complete a wetland data sheet for each sample site used to determine the wetland water course boundary. This will include a description of the dominant plant species, soils information, hydrology, and a summary of the rationale used in the determination. 2. Stake and/or flag the wetland/watercourse boundary in the field with surveyor ribbon and consecutively numbered flags. Upon completion of the field delineation, CEDG will locate the wetland/watercourse flags and Sample Point locations with Global Positioning System receivers and plot them on existing site mapping. 3. Prepare a wetlands report summarizing the conditions encountered on the site and the methodology used in determining the wetlands boundary. This report will be suitable for regulatory review and permit applications and will include: a) Project description b) Project location map, soils map, and National Wetlands Inventory (NWI) map c) Methods d) Review of existing documentation (soils information, NWI, etc.) e) Documentation of the wetland identification procedures and findings f) Text descriptions that document and explain observed wetland conditions including wetland locations, size, classification, and necessary soil, vegetation, and hydrologic data g) Point-by-point wetland location map h) Wetland photographs i) Appended technical information (data sheets, agency correspondence, and other relevant support document). 4. Send agency coordination letters to the Pennsylvania Natural Diversity Inventory (PNDI), the U-S. Fish and Wildlife Service and the Pennsylvania Fish and Boat Commission (PAFBC) in order to review existing agency databases for potential impacts to known or potential threatened and endangered species that may exist on or near the project location. B. Bog Turtle Habitat Assessment Report - CEDG will prepare and submit a Phase I - Bog Turtle Habitat Assessment Report to the US Fish and Wildlife Service (USFWS) and the PA Fish and Boat Commission (PAFBC) for their review and comment. This report will be necessary to identify any potential bog turtle habitat because Franklin Co. is identified as a bog turtle county by the USFWS. C. Public Water Supply (Well) -The new water system will be classified by Pennsylvania Department of Environmental Protection (PADEP) as a Community Water System (CWS), and as such is subject to PADEP's safe drinking water design and construction standards (PA Code Title 25, Chapter 109. These standards require, among other things, that the system owner must own or substantially control the Zone 1 wellhead protection zone around each well (a 100 feet to 400 feet radius); the system must be capable of providing an adequate supply during peak demand; and, the system Mr. Nick Hodges October 12, 2005 Page 3 of 18 maintain one (1) day of reserve capacity through either finished storage, back up sources, or interconnections. The proposed development is located in the Potomac River Basin (PRB). Water use in the PRB is not actively regulated by the PRB Commission. CEDG also is not aware of any Montgomery Township regulations that pertain to development of a new groundwater supply for A CWS. Therefore, the proposed groundwater development project is subject only to PADEP regulations. CEDG estimates that average day use at the proposed development would require about 250 gallons per day (gpd) per unit at a minimum, or about 400,000 gpd. Peak demand could be expected to increase by about 30 percent to at least 520,000 gpd. PADEP requires that the system be able to meet or exceed the average day demand with the largest producing source out of service. Based on PADEP requirements and prudent design criteria, the proposed system should have a minimum of two (2) production wells to meet projected average and peak system demands. In order for one well to meet average day demand while a second well is out of service, the minimum sustained yield should be about 150 gallons per minute (gpm), assuming a 20-hour duty cycle. The following describes CEDG's proposed work scope. 1. Project Kick-Off Meeting a) CEDG will meet with the Client to discuss the project in order to establish current and future water supply needs, gain understanding of the property resources, and review preferable areas for well sites with respect to the preliminary or conceptual plan for the development. At this time, the Client should provide copies of pertinent information, such as any previous subsurface or hydrogeologic investigation(s), information for any existing well(s), locations of existing infrastructure, and any other information pertinent to the groundwater development project. b) At Client's option, a pre-application meeting can be held with PADEP to discuss the proposed development. The purpose of the meeting is to discuss the major permitting requirements for the proposed development, provide PADEP personnel with an understanding of the project before CWS application is submitted, and to generally improve communication and facilitate later approval of the CWS application. 2. Hydrogeologic Investigation and Well Site Identification a) CEDG will perform a hydrogeologic characterization of the site with the overall purpose of identifying the most favorable sites for future production wells. This investigation will first utilize existing published hydrogeologic reports for the area as produced by Pennsylvania Geologic Survey (PGS), United Stated Geologic Survey (USGS), and any other available information for the area, to determine the bedrock formations of the area. Based on this published information, these formations will be ranked with regard to aquifer productivity and recharge rates. CEDG will also prepare a preliminary groundwater availability analysis for these Mr. Nick Hodges October 12, 2005 Page 4 of 18 formations in order to estimate the approximate sustainable yield for each formation during both an average precipitation and drought year condition (i.e., 1 in 10 year probability drought). Based on our understanding of the proposed site location, the Martinsburg Formation and the Chambersburg Formation are the target bedrock aquifers at the site. b) The PADEP office will be contacted for information regarding any existing water quality issues in the area of the site. If necessary, CEDG will also complete a search of environmental databases maintained by PADEP and USEPA to identify other existing and potential water quality issues. c) Based on the water quantity and quality information, CEDG will identify the most favorable aquifer(s) for the proposed production wells. This information will be provided to the Client in the form of a draft map that depicts the target aquifers and the potential areas for groundwater development. Based on input from the Client, the potential areas will be further refined in consideration of the overall proposed site layout and facilities, known areas of groundwater degradation, current zoning, and any other information that would affect development of a long-term groundwater source. A base map will then be prepared which delineates the recommended areas for production well development. d) In order to select specific well sites in the recommended well development areas, CEDG will complete a fracture trace analysis using available aerial photographs. USGS stereo-paired photos of 1:24,000 scale are preferred. The purpose of the analysis is to identify the apparent earth fractures and lineaments which represent the zones of greatest bedrock transmissivity. The most productive well sites would be located at the intersection of two or more such zones. After the photographic analysis, CEDG will complete a field inspection at each site in order to confirm the presence of earth fracturing (typically represented as a surficial sag or depression), and stake the location for possible future installation of a test well. Based only on the size of the site, CEDG anticipates staking 4 to 6 sites. CEDG will also review the current land use in the vicinity of each proposed well site to determine whether current conditions represent a water quality threat, and whether there are any activities that might preclude development of the site. The well sites will be ranked in order of most to least favorable with respect to potential yield. e) An important consideration for each well site is whether the owner can satisfy the PADEP wellhead protection criteria, which requires that the Zone 1 area, which ranges from a 100 to 400 foot radius centered at the well, be owned or substantially controlled by the CWS. Therefore, as part of the final well site selection process, Client should evaluate the land ownership and proposed future land uses in order to ensure the needed land control surrounding each potential well site. 3. Sanitary Survey and Pre-Drilling Plan Mr. Nick Hodges October 12, 2005 Page 5 of 18 a) After well sites are selected, CEDG will arrange an on-site meeting with PADEP to review well site locations for approval. Assuming that the sites are approved, CEDG will proceed with preparing a Pre-Drilling Plan for subsequent review and approval by PADEP. The Pre-Drilling Plan describes the pertinent site conditions, hydrogeologic setting, proposed drilling and well construction methods, the proposed well testing, and any potential for.impact to area water resources. Upon PADEP approval of the pre-Drilling Plan, CEDG will prepare a well drilling and construction specification, which will describe the proposed drilling methodology, construction (diameter, casing depth, etc.), target depth, development, and testing. Generally, a 6-inch or 8-inch diameter test well should first be installed, and then reamed and reconstructed if the yield and water quality are satisfactory. The specification would be issued in a format suitable for bid solicitation. CEDG will submit the specification to three (3) qualified drilling contractors, and along with input from CLIENT, select a contractor based on the overall best value for services. 4. Test Well Drilling and Production Well Construction a) CEDG will proceed with the oversight of drilling two (2) test wells at the highest ranked sites. All work will be performed under the direct supervision of a Pennsylvania-registered Professional Licensed Geologist, as required by PADEP. The site hydrogeologist will supervise the drilling, and prepare a well log that describes the lithology, water bearing zones, and preliminary water quality for each test well. Based on the blown yield from each test well, CEDG will recommend a final reconstruction method, and estimate the sustained yield from each well after reconstruction. CEDG may recommend completing a video log of the wells to confirm subsurface conditions and to select the final casing depth. Based on the estimated yields, additional test wells may be necessary to obtain a sufficient quantity of water for the proposed development. b) CEDG will oversee the reconstruction of each test well after Client approval. Generally, reconstruction will involve removing the temporary steel casing, reaming to the final casing depth, installing permanent steel casing that is grouted and sealed to the proper depth, and proceeding with reaming the borehole to the final well depth. If appropriate, CEDG will require the drilling contractor to perform plumbness and alignment testing to ensure that the permanent pump and riser pipe can be installed without hindrance. 5. Production Well Testing a) Each production well must be tested as part of the permitting process. In accordance with PADEP requirements, CEDG will perform 48-hour pumping tests on each well in order to assess the overall aquifer performance. The purpose of the testing is to reliably determine the long I Mr. Nick Hodges October 12, 2005 Page 6 of 18 term sustainable yield, and assess impact to the local surface and groundwater. Each test will require monitoring any existing nearby wells and surface water features (e.g., springs and stream) to determine any significant impacts due to groundwater withdrawal from the new production wells. A drilling contractor will need to provide the temporary pump, power, controls and metering, and discharge for the pumping tests. Prior to conducting the pumping tests, CEDG will review the procedures and monitoring points (surface and groundwater) with PADEP for their approval. A step-drawdown test will be performed prior to the constant rate test, in order to establish an appropriate pumping rate for the constant-rate test, and estimate the well efficiency. Each test will also include background monitoring to determine baseline aquifer conditions and surface water flows. After each 48-hour test, recovery monitoring will be performed for a minimum of 24 hours. b) The conclusion of each test, CEDG will collect groundwater samples for analysis for PADEP's New Source Parameters. This suite of analyses includes the inorganic, organic, and radiologic parameters required by PADEP for new sources of water used by a CWS. Where feasible, CEDG will request a waiver for those parameters not considered to be a potential contaminant (e.g., dioxin). If the Surface Water Identification Protocol (SWIP) requirements are applicable, CEDG will coordinate with PADEP personnel to ensure that a sample is also collected for a new source microscopic particulate analysis that would be completed by PADEP. 6. Reporting a) At the conclusion of the testing, CEDG will prepare a concise project report that summarizes the construction and testing of the new production wells. The report will include the information required by PADEP to enable approval of each new source for the new CWS, such as: • Hydrogeologic setting • As-built cross section diagrams for each well • Results and analysis of aquifer testing (i.e., the pumping test) • Long term sustainable well yield • Summary of any impacts to surface and groundwater from proposed groundwater withdrawals from the new wells. • Groundwater quality summary • Wellhead production The report will include all necessary site plans, figures, graphs, and calculations needed to adequately support the findings and conclusions of the project. The report will also include recommendations for the size and setting of the permanent well pump, and normal operating parameters and monitoring, for each production well. Mr. Nick Hodges October 12, 2005 Page 7 of 18 D. Traffic Study - CEDG will prepare a Traffic Study in accordance with Montgomery Township and PennDOT requirements, Please note that the fee indicated in the compensation section is an estimate. Further investigation with PennDOT and the Township and data collection is required to fine tune the fee. 1. Task I. Study Area Investigation a) Submit a TIS scope confirmation memorandum to PennDOT and the Township. b) Obtain information from PennDOT and the Township regarding any planned roadway improvements in the study area. c) Request crash data from PennDOT for the study area intersections. d) Obtain a copy of the PennDOT approved traffic signal permit plans of the study intersections. 2. Task II. Field Data Collection a) Conduct manual traffic counts during the weekday morning (7:00 a.m. to 9:00 a.m.), weekday evening (4:00 p.m. to 6:00 p.m.) and Saturday mid-day (11:00 a.m. to 1:00 p.m.) peak period at five intersections. b) Describe the external road system in the study area as defined by the study area intersections. c) Measure the existing sight distances at the proposed access drive location in accordance with PennDOT sight distance measurement methodology. 3. Task III. Existing & Base Year Volume Development a) Determine the projected increase in traffic at the study area intersections due to background growth. b) Based on discussions with the Township, determine the projected increase in traffic in the study area due to developments which are not currently operating but which will be operating by the build-out year for the above-referenced project. For purposes of this proposal, it was assumed that one such development would have to be included. c) Develop 2018 Base Condition traffic volumes for the study area intersections. 4. Task IV. Trip Generation/Distribution and Projected Volume Development a) Determine the trip generation of the proposed development on a daily and peak highway hour basis using the Institute of Transportation Engineers Trip Generation Manual. b) Using trip distribution rates developed from an analysis of existing traffic patterns in the study area, distribute and assign the site-generated traffic to the driveways and the study area intersections on the local road network. c) Determine 2011 Projected Condition traffic volumes for the study area. Mr. Nick Hodges October 12, 2005 Page 8 of 18 5. Task V. Analyses a) Conduct capacity analyses at the study area intersections for Existing, Base, and Projected Conditions, and at the driveway intersection for Projected Conditions. b) Compare Base Condition and Projected Condition LOS to determine the traffic impact at the study area intersections attributable to the site. c) For roadways and intersections within the study area, determine roadway improvements necessary to mitigate the traffic impacts (if any) attributable to the site. d) Conduct analyses to determine the need for (and, if necessary, the length of) separate turn lanes at the driveway intersection and the study area intersections for Projected Conditions. e) Conduct preliminary traffic signal warrant analyses (based on peak hour traffic volumes) at any deficient unsignalized intersections for Projected Conditions. f) Conduct queue analyses at study area intersections that are currently signalized or proposed to be signalized. g) For the proposed driveway location, conduct analyses to compare the existing (measured) sight distances to the applicable sight distance standards. h) Review the crash data obtained and identify intersections at which five or more correctable reportable crashes occurred during a continuous twelve-month period over the past three years. 6. Task VI. Report Preparation & Preparation a) Prepare a report of findings discussing the results of the studies. b) Submit a draft report to the client for review. c) Schedule a conference call to discuss the results of the TIS. d) Submit the TIS to PennDOT and the Township for review. E. Conceptual Site Plan - The Conceptual Site Plan will be presented to the Client and the Township Staff for their review and comment. CEDG will make any necessary revisions before proceeding to the Preliminary Plan Phase. The Conceptual Site Plan shall include: 1. Developer information 2. Existing tract boundaries 3. Location map 4. Existing and proposed access in plan view 5. Proposed lot layout with site information F. Geotechnical Investigation - A scope of work for the geotechnical investigation will not be defined until the site layout is underway. A geotechnical investigation will be required to determine the slope stability in areas of steep slopes and also for the road construction in the steep slopes. A fee for the geotechnical investigation is not included in this proposal. 7 Mr. Nick Hodges October 12, 2005 Page 9 of 18 IL Design - Site Engineering Services A. Cover Sheet, Existing Conditions and Demolition Plan - Prepare a Cover Sheet showing a vicinity map, title of project, index of sheets, list of governing agencies and any pertinent signature blocks. Prepare an Existing Survey Plan showing the existing conditions, including topography, utilities, vegetation, structures, pavements, drainage, rock outcroppings, adjoining streets with all horizontal and vertical control locations, delineated wetlands and the 100 year flood plain elevation (if applicable), etc. Prepare a Demolition Plan showing and.noting all existing structures, utility lines and all other items to be removed. Existing building structures, trees, utility lines, drives, etc. which are to remain will be noted and any protection or phasing that is necessary will be provided on the Plans. B. Subdivision and Easement Plan - Prepare a Subdivision Plan showing dimensioning and labeling of the proposed lot lines, roadway network, property lines, signage, landscaped buffer areas (if required), open space areas, traffic control signs and striping, entrance, radii, fences, setback lines, easements, undisturbed buffers and horizontal control. Dimensioning and/or coordinates shall be shown to locate all improvements. To prepare the Subdivision Plan, CEDG will research and plot recorded easement information. C. Site Layout Plan - Prepare a Site Layout Plan showing and dimensioning proposed roadway network, horizontal curve data, access drive, buildings, etc. Dimensioning and/or coordinates shall be shown to locate all improvements. D. Grading Plan- Prepare a Grading Plan showing the existing and proposed contours, benchmarks, infrastructures, buildings, spot elevations in all high and low points, stormwater detention facilities, tree protection and undisturbed buffers. E. Storm Drainage Plan Prepare a Storm Drainage Plan and Profiles including proposed drainage system; inlet and manhole tops and inverts, pipe size, type and slope, stormwater detention facilities and outlet structures, endwalls, rip-rap aprons, ditches and channels F. Sanitary Sewer Plan - Prepare Sanitary Sewer Plan and Profiles showing and labeling the proposed sanitary sewer system, manholes, valves and cleanouts. The plan will note type, size, and slope of pipes, and invert elevations/top elevations of junction structures. G. Water Distribution System Plan - Prepare Water Distribution System Plan and Profiles showing and labeling the proposed water system including piping, valves, cleanouts, manholes, pipe sizes, pipe material and inverts. Mr. Nick Hodges October 12, 2005 Page 10 of 1-8 H. Roadway Plan and Profiles - Prepare Roadway Plan and Profiles showing and labeling the proposed roadway network including vertical curves, grading and all utility crossings. 1. Detail Sheets - Prepare separate detail plans showing all standard site details, utility details, drainage details and erosion and sediment control details. J. Design of Water Supply Pumping and Disinfection System (Wellhouse) 1. Preparation of Engineer's Design Report - CEDG will prepare a report detailing the calculations used to determine the equipment selected. This report will also include cut-sheets of the selected items. 2. Preparation of Drawings - CEDG will prepare drawings for the proper construction of the water supply pumping and disinfection system. Drawings will include all items related to water supply from the well to connection of the distribution system. These drawings will include building design, system layout, cross sections, pipe routing and details. 3. Preparation of Technical Specification - CEDG will prepare technical specification in CSI format for all items related to the water supply pumping and disinfection system. K. Design of Wastewater Treatment Plant 1. Preparation of Engineer's Design Report - CEDG will prepare a report detailing the calculations used to determine the equipment selected. This report will also include cut-sheets of the selected items. 2. Preparation of Drawings - CEDG will prepare drawings for the proper construction of the wastewater treatment plant. Drawings will include all items related to the treatment system from the connection to the collection system to the discharge area. These drawings will include system layout, cross sections, pipe routing and details. 3. Preparation of Technical Specification - CEDG will prepare technical specification in CSI format for all items related to the water supply pumping and disinfection system. III. Regulatory Agency Requirements A. Application for Preliminary Subdivision Plans - CEDG will prepare the necessary engineering plans, reports and applications for the submittals to the Township. The submittals will include those engineering items outlined in the Township ordinances. CEDG anticipates attending, five Planning Commission meetings and five Township Mr. Nick Hodges October 12, 2005 Page 11 of 18 Board of Supervisors meeting. In addition, CEDG will meet with the Client for coordination as necessary. B. Stormwater Management Plan and Report -Stormwater management systems will be required and designed in accordance with the requirements of the Montgomery Township Stormwater Management Ordinance. If the Township requires off-site improvements to convey the proposed discharge from any on-site stormwater conveyance and/or detention facilities to an acceptable facility off-site, you will be notified. A scope with associated fee for preparation of such application will be provided at that time. Receipt of written authorization from you will be required prior to the performance of any such services. C. Erosion and Sediment Control Plan and Report - Prepare an Erosion and Sediment Control Plan showing the erosion control measures (including grading) such as construction entrance, silt fence, sediment basin or trap, stone laydown area, erosion control notes and phasing by number sequence, paved areas, contours, drainage system, inlet protection, diversion dikes, construction and general erosion control notes. The Erosion and Sedimentation Control Plans will be prepared in accordance with the current requirements of the Franklin County Soil Conservation District. D. NPDES Permit for Stormwater Discharges Related to Construction Activities - Based on this proposal, the proposed improvements will disturb more than one (1) acre of land; therefore, an NPDES Permit for stormwater discharges related to construction activities will be required. CEDG will prepare and submit the permit application and supporting documentation. E. Permitting of Water Supply Pumping and Disinfection System - CEDG shall prepare the water supply permit application including the modules for completeness, general design, groundwater sources and disinfection. F. Water Quality Management Permit Application - CEDG will prepare the Water Quality Management Permit Application and the proper modules for the treatment system. Mr. Nick Hodges October 12, 2005 Page 12 of 18 COMPENSATION The fee associated with the scope of work is as follows: 1. Pre-Design - Site Engineering Services A. Wetlands Delineation ................................................................. $3,525 B. Bog Turtle Habitat Assessment Report .........................................$705 C. Public Water Supply Well ........................................................ $88,200 1. Additional Cost for Well (3) Construction ($80,000) D. Traffic Study ............................................................................ $24,000 E. Geotechnical Investigation ....................................... To Be Determined F. Conceptual Site Plan ................................................................. $7,700 Total Pre-Design Phase ............................................................ $124,130 II. Design - Site Engineering Services A. Cover Sheet, Existing Conditions and Demo Plan .................... $5,200 B. Subdivision and Easement Plan .......................... ................... $14,080 C. Site Layout Plan .................................................. ...................$11,600 D. Grading Plan ........................................................ ................... $12,640 E. Storm Drainage Plan ........................................... ................... $13,360 F. Sanitary Sewer Plan ............................................. ..................... $8,920 G. Water Distribution Plan ......................................... ..................... $6,800 H. Roadway Plan and Profiles .................................. ................... $13,920 1. Detail Sheets ....................................................... ..................... $8,040 J. Wellhouse ............................................................. ................... $26,800 K. Wastewater Treatment Plant ................................ ................... $37,400 Total Design Phase .................................................. ................. $158,760 III. Regulatory Agency Requirements A. Application for Preliminary Plan Submission ......... ................... $23,500 B. Storm Water Management Plan and Report ......... ...................$18,240 C. Erosion and Sediment Control Plan and Report .. ................... $18,040 D. NPDES Permit and Post Construction SW Report ................... $15,840 E. Public Water Supply (Wellhouse) ........................ ................... $10,560 F. Water Quality Management Permitting ................. ..................... $9,480 Total Regulatory Agency Requirements Phase ..... ................... $95,660 Grand Total ......... $378,550 CEDG will perform the above stated services for an estimated fee of Three Hundred Seventy- Eight Thousand, Five Hundred Fifty ($378,550) dollars. The above noted services shall be provided in accordance with the attached General Provisions of Engineer's Letter Agreement. Reimbursable expenses are in addition to the fee compensation for engineering services and include expenses incurred by CEDG and CEDG's employees and subconsultants. Permit and applications fees are not included in this proposal. This work may be authorized by signing in Mr. Nick Hodges October 12, 2005 Page 13 of 18 the space provided at the end of this proposal and returning a copy of the signed contract with an original signature. ADDITIONAL SERVICES A. CEDG has included attending five meeting with each for the Township Planning Commission and the Board of Supervisors; however, the amount of meetings that will be needed for other regulatory agencies (PennDOT, Conservation District, etc.) is unknown. B. In the event that the performance of services not specifically provided for in this scope are requested by the Client, a regulatory/reviewing agency or any other entity authorized to make such a request, then the hourly rates shall apply conditioned upon written authorization from the Client. C. A change in design concept following approval of the sketch plan, or submission of the Preliminary Subdivision Plans to the Township will be considered a change in scope of services and CEDG will be entitled to additional compensation at the hourly rates. D. Changes to design codes, regulatory requirements or agency approval procedures enacted after the date of this proposal will be considered a change in the scope of services. CEDG will be entitled to additional compensation at the hourly rates if additional work or redesign of completed work is required to comply with the new regulations. E. As the specifics of the treatment systems are unknown at this time, this proposal does not include structural design or electrical design. The design of the wellhouse only includes disinfection. This proposal does not include the design of retaining walls, off- site drainage, off-site sanitary sewer or water, pump stations, off-site street improvements or irrigation. This proposal does not include permitting for stream crossings. F. This proposal does not include survey services, bidding assistance, specification preparation, construction observation, deed descriptions for the individual lots, easement exhibits or legal descriptions, construction stakeout or construction management. G. This proposal does not include site development permit and review fees. H. This proposal does not include the design of water storage tanks and fire flow pumps. CEDG assumes that only disinfection is required for treatment. 1. Client Responsibilities - Client shall provide all criteria and full information as to the requirements for the Project, including any proposed residential or commercial facility building footprints in electronic format, design objectives and constraints, space, capacity and performance requirements, flexibility and expendability, and any budgetary limitations; and furnish copies of all design and construction standards that the Client will Mr. Nick Hodges October 12, 2005 Page 14 of 18 require to be included in the Drawings. CEDG may use and rely upon the accuracy of furnished information without verification in performing service under this agreement. J. Review of Drawings - CEDG will not proceed to a subsequent phase of basic services until Client reviews and accepts the work completed during the previous phase. These reviews will occur prior to submission of the sketch plan, Tentative and Final Subdivision Plans to the Township. Client agrees to provide notice to proceed to the next phase within five days of receipt of completed work. Failure to provide notice may extend the schedule of the project. CEDG will establish a schedule for the Subdivision Plan process and will work with you to meet the schedule. CEDG has no control over the review time for regulatory agencies; however, CEDG will work closely with the agencies to expedite the review process. CEDG appreciates your consideration of our firm and looks forward to working with you on this project. If you have any questions or require additional information, please do not hesitate to contact us. Very truly yours, CEDG, Inc. Todd N. Stager, P.E. President Approved by: Signature Title Date Mr. Nick Hodges October 12, 2005 Page 15 of 18 CEDG, Inc. General Provisions of Enaineer's Letter Agreement ARTICLE 1. GENERAL These General Provisions are incorporated as an integral part of the letter-type agreement to which they are attached between CEDG, Inc., a Mechanicsburg, Pennsylvania corporation, herein referred to as CEDG, and the CLIENT of the Project addressed in such letter-type agreement, wherein the CLIENT engages CEDG to provide certain engineering, planning and/or surveying services on a Project. As used herein, the term "this Agreement" refers to (1) the CEDG Proposal Letter which becomes the Letter Agreement upon its written acceptance by the CLIENT, (2) these General Provisions and (3) any attached Exhibits, as if they were part of one and the same document. In event that these provisions conflict with the proposal letter or exhibits, the proposal letter and its exhibits shall govern. ARTICLE 2. PERIOD OF SERVICE The term of this Agreement for the performance of services hereunder shall be set forth in the Letter Agreement. In this regard, any lump sum or estimated maximum payment amounts set forth in the Letter Agreement have been established in anticipation of an orderly and continuous progress of the Project in accordance with any schedule set forth in the Letter Agreement or any exhibits attached thereto. Unless the schedule is a requirement of the Agreement, the work shall process in a timely manner as determined by CEDG. ARTICLE 3. COMPENSATION TO CEDG A. Compensation to CEDG for professional services described in this Agreement shall be on a Lump Sum basis and/or an Hourly Rate Basis as designated in the Letter Agreement and as hereinafter described. 1. A Lump Sum method of payment for CEDG's services shall apply to all parts of a work scope where CEDG's tasks can be readily defined and/or where the level of effort required to accomplish such tasks can be estimated with a reasonable degree of accuracy. The CLIENT shall make monthly payments to CEDG within 30 days of date of invoice based on an estimated percentage of completion of CEDG's services. 2. An Hourly Rate method of payment for CEDG's services shall apply to all or parts of a work scope where CEDG's tasks cannot be readily defined and/or where the level of effort required to accomplish such tasks cannot be estimated with any reasonable degree of accuracy. Under an hourly method of payment, CEDG shall be paid for the actual hours worked on the Project by CEDG's technical personnel times an hourly billing rate established for each employee. Hourly billing rates shall include compensation for all salary costs, payroll burden, general and administrative overhead and professional fee. A rate schedule shall be fumished by CEDG to CLIENT upon request. The CLIENT shall make monthly payments to CEDG within 30 days of date of invoice based on the amount of work completed. B. In addition to the foregoing, CEDG shall be reimbursed at cost plus 20% for the following expenses when incurred in the performance of the work: a) Travel and subsistence. b) Outside professional and technical services and agency fees. c) Identifiable reproduction, reprographic, and delivery costs. The CLIENT shall make monthly payments to CEDG within 30 days of date of invoice for services provided and expenses incurred to date, accompanied by supporting evidence as required and stated in the Letter Agreement. C. The CLIENT will pay the balance stated on all invoices unless CLIENT notifies CEDG in writing of the particular item that is alleged to be incorrect, within 15 days from the date of the invoice, in which case, only the disputed item will remain undue until resolved by the parties. All accounts unpaid after 30 days from the date of original invoice shall be subject to a service charge of 1-1/2% per month, or the maximum amount authorized by law, whichever is less. In addition, CEDG may, after giving 7 days written notice to the CLIENT, suspend services under this Agreement until CEDG has been paid in full for all amounts then due for services, expenses and charges. The Client additionally agrees to pay all attorney fees, collection fees, court and lien costs and other such expenditures incurred to satisfy any unpaid balance. ARTICLE 4. GOVERNMENT APPROVAL CEDG shall provide services defined herein based on education, training, experience, and judgment as a design professional familiar with the industry. Since CEDG has no control over government agencies responsible for review and approval of designs, CEDG cannot and does not guarantee government approval. CEDG shall not be liable for damages resulting from the actions or inactions of government agencies, and CEDG shall only act as an advisor in all governmental relations. CLIENT agrees that payment of professional fees is not contingent upon approvals by a governmental body or agency. ARTICLE 5. EXTRA WORK If CEDG is of the opinion that any work they have been directed to perform is beyond the Scope of this Agreement, or that the level of effort required significantly exceeds that estimated due to changed conditions and thereby constitutes extra work; they shall promptly notify the Mr. Nick Hodges October 12, 2005 Page 16 of 18 CLIENT of that fact. Extra work, additional compensation for same, and extension of time for completion shall be covered by a Supplemental Agreement entered into by both parties prior to proceeding with any extra work or related expenditures. In the event of unresolved dispute over change in scope or changed conditions, this Agreement may be terminated upon 7 days written notice as provided in Article 6. ARTICLE 6. ABANDONMENT, CHANGE OF PLAN AND TERMINATION Either Party has the right to terminate this Agreement upon 7 days written notice for failure to perform in accordance with the Letter Agreement. In addition, the CLIENT may at any time, reduce the scope of this Agreement. Such reduction in scope shall be set forth in a written notice from the CLIENT to CEDG. In the event of reduction in scope of the Project work, CEDG shall be paid for the work performed and expenses incurred on the project work thus reduced and for all completed and abandoned work, for which payment has not been made, computed in accordance with the provisions of Article 3 and the Letter Agreement. In the event of termination and payment by the CLIENT of amounts due for work performed and expenses incurred to the date and time of termination, computed in accordance with the provisions of Article 3 and the Letter Agreement, all documents, finished or unfinished, prepared by CEDG under this Agreement shall be made available by CEDG to the CLIENT and there shall be no further obligation of the CLIENT to CEDG under this Agreement. ARTICLE 7. DISPOSITION OF PLANS, REPORTS AND OTHER DATA At the time of completion or termination of the work and upon payment of all invoices, CEDG shall make available to the CLIENT copies of all maps, tracings, reports, resource materials and other documents pertaining to the work or to the Project. All such documents are not intended or represented to be suitable for reuse by the CLIENT or others on extensions of the Project or any other project. Any reuse without verification or adaptation by CEDG for the specific purpose intended will be at CLIENT's sole risk and without liability or legal exposure to CEDG. In this regard, the CLIENT will indemnify and hold harmless CEDG from any and all suits or claims of third parties arising out of such reuse, including legal expenses, which is not specifically verified, adapted or authorized by CEDG. ARTICLE 8. CLIENT'S RESPONSIBILITIES A. To permit CEDG to perform the services required hereunder, the CLIENT shall provide, in proper time and sequence, the following at no expense to CEDG. 1. All necessary information regarding CLIENT requirements as necessary for orderly progress of work. 2. Designate in writing, one person to act as CLIENT's representative with respect to the services to be rendered under this Agreement. Such person shall have authority to transmit instructions, receive instructions, receive information, interpret and define CLIENT's policies with respect to CEDG's services. 3. Furnish, as required for performance with respect to CEDG's services (except to the extent as provided otherwise in the Letter Agreement or any Exhibits attached hereto), data prepared by or services of others, including without limitation, core borings, probings and subsurface explorations; laboratory tests and inspections of samples; appropriate professional interpretations of all of the foregoing; environmental assessment and impact statements; property, boundary, easement, right-of-way, topographic and utility surveys; property descriptions; zoning, deed and other land use restrictions; and other special data not covered in the Letter Agreement or any Exhibits attached hereto. 4. Provide access to, and make all provisions for CEDG to enter upon publicly or privately owned property as required to perform the work. 5. Act as liaison with other agencies or involved parties to carry out necessary coordination and negotiations; furnish approvals and permits from all governmental authorities having jurisdiction over the Project and such approvals and consents from others as may be necessary for completion of the Project. 6. Examine all reports, sketches, drawings, specifications and other documents prepared and presented by CEDG, obtain advice of an attorney, insurance counselor or others as CLIENT deems necessary for such examination and render, in writing, decisions pertaining thereto within a reasonable time so as not to delay the services of CEDG. 7. Give prompt written notice to CEDG whenever CLIENT observes or otherwise becomes aware of any development that affects the scope or timing or CEDG's services or any defect in the work of Construction Contractor(s), Consultants or CEDG. 8. Initiate actions, where appropriate, to identify, remove and/or encapsulate asbestos products or materials or other such hazardous materials located in the Project area prior to accomplishment of any work contemplated under the Project. 9. Provide such accounting, independent cost estimating and insurance counseling services as may be required for the Project, such legal services as CLIENT may require or CEDG may reasonably request with regard to legal issues pertaining to the Project including any that may be raised by Contractor(s), such auditing services as CLIENT may require to ascertain how or for what purpose any Contractor has used the moneys paid under the construction contract, and such inspection services as CLIENT may require to ascertain that Contractor(s) are complying with any law, rule, regulation, ordinance, code or order applicable to their furnishing and performing the work. 10. Provide "record" drawings and specifications for all existing physical plants or facilities which are pertinent to the Project. 11. Provide other services, materials, or data as maybe set forth in the Letter Agreement or any Exhibits attached hereto. CEDG shall be entitled to rely on the accuracy and completeness of information furnished by the CLIENT. If CEDG finds that any information furnished by the CLIENT is in error or is inadequate for its purpose, CEDG shall promptly notify the CLIENT. Mr. Nick Hodges October 12, 2005 Page 17 of 18 ARTICLE 9. OPINIONS OF COST Opinions of probable project cost, construction cost, financial evaluations, feasibility studies, economic analyses of alternate solutions and utilitarian considerations of operations and maintenance costs provided for in the Letter Agreement of any Exhibits attached hereto, are made on the basis of CEDG's experience and qualifications and represents CEDG's judgment as an experienced and qualified design professional. It is recognized, however, that CEDG does not have control over the cost of labor, material, equipment or services fumished by others or over market conditions or contractors' methods of determining their prices, and that any evaluation of any construction work to be performed on the basis of CEDG's cost opinions, must of necessity, be speculative until completion of construction or acquisition. Accordingly, CEDG does not guarantee that proposals, bids or actual costs will not substantially vary from opinions, evaluations or studies submitted by CEDG to CLIENT hereunder. ARTICLE 10. CONSTRUCTION PHASE SERVICES CLIENT acknowledges that it is customary for the architect or engineer who is responsible for the preparation and furnishing of Drawings and Specifications and other construction-related documents to be employed to provide professional services during the Bidding and Construction Phases of the Project, (1) to interpret and clarify the documentation so furnished and to modify the same as circumstances revealed during bidding and construction may dictate, (2) in connection with acceptance of substitute or equal items of materials and equipment proposed by bidders and Contractor(s), (3) in connection with approval of shop drawings and sample submittals, and (4) as a result of and in response to CEDG's detecting in advance of performance of affected work inconsistencies or irregularities in such documentation. CLIENT agrees that if CEDG is not employed to provide such professional services during the Bidding (if the work is put out for bids) and the Construction Phases of the Project, (1) CEDG will not be responsible for, and CLIENT shall indemnify and hold CEDG (and CEDG's professional associates and consultants) harmless from all claims, damages, losses and expenses including attorneys' fees arising out of, or resulting from, any interpretation, clarification, substitution acceptance, shop drawing or sample approval or modification of such documentation issued or carried out by CLIENT or others and (2) the CLIENT assume all responsibility for interpretation of the contract documents and for construction observation. Nothing contained in this paragraph shall be construed to release CEDG (or CEDG's professional associates or consultants) from liability for failure to perform in accordance with professional standards any duty or responsibility which CEDG has undertaken or assumed under this Agreement. Neither the professional activities of CEDG, nor the presence of CEDG or its employees and sub consultants at a construction site, shall relieve the General Contractor of its obligations, duties and responsibilities including, but not limited to, construction means, methods, sequence, techniques or procedures necessary for performing, superintending and coordinating the Work in accordance with the contract documents and health or safety precautions required by regulatory agencies. CEDG and its personnel have no authority to exercise control over construction contractor or its employees in connection with their work or health or safety program or procedures. The Client agrees that the General Contractor shall be solely responsible for jobsite safety, and warrants that this intent shall be carried out in the Client's contract with the General Contractor. The Client also agrees that the Client, CEDG and CEDG's sub consultants shall be indemnified by the General Contractor and shall be made additional insureds under the General Contractor's policies of general liability insurance. ARTICLE 11. ERRORS AND OMISSIONS In providing services under this Agreement, CEDG will endeavor to perform in a manner consistent with the degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances. If, after the construction has begun, an error or omission is discovered and the item can still be provided in the sequence of construction without premium cost to the CLIENT, the CLIENT agrees to pay for this item as if it had been included in the original construction documents. If this error or omission is discovered out of sequence with the construction timetable, then CEDG will pay for the premium cost to have this item corrected or included, with the CLIENT paying for the item's basic cost as if it had been included in the original documents. If the premium cost falls below 2% of the defined construction cost, then the entire premium cost shall be the responsibility of the CLIENT. This premium cost concept for errors and omissions is not applicable if the CLIENT chooses not to employee CEDG during construction phase services per Article 10 above. To the maximum extent permitted by law, the CLIENT agrees to limit CEDG's liability for the CLIENT damages to the sum of $50,000 or CEDG's fee, whichever is greater. This limitation shall apply regardless of the cause of action or legal theory pled or asserted. ARTICLE 12. INSURANCE CEDG maintains insurance coverage including Workmans' Compensation Insurance, Employer's Liability Insurance, Commercial General Liability Insurance, Automobile Liability Insurance and Professional Errors and Omission (E&O) Insurance. CEDG agrees to attempt to maintain Professional (E&O) liability coverage for the period of design and construction of the Project, and for a period of three (3) years following substantial completion, if such coverage is reasonably available at commercially affordable premiums. Certificates of Insurance will be furnished upon request. ARTICLE 13. DISPUTE RESOLUTION/MEDIATION/LITIGATION Mr. Nick Hodges October 12, 2005 Page 18 of 18 In an effort to resolve conflicts that arise during the design and construction of the Project or following the completion of the Project, the Client and CEDG agree that all disputes arising out of or relating to this Agreement or the Project shall be first submitted to non-binding mediation unless the parties mutually agree otherwise. In the event of litigation arising from or related to this Agreement or the services provided under this Agreement, the prevailing party shall be entitled to recover from the non-prevailing party all reasonable costs incurred, including staff time, court costs, attorney's fees and all other related expenses in such litigation. ARTICLE 14. INDEMNIFICATION In addition, and notwithstanding any other provisions of this Agreement, the Client agrees, to the fullest extent permitted by law, to indemnify and hold harmless CEDG, its officers, directors, employees and sub consultants (collectively, CEDG) against all damages, liabilities or costs including reasonable attorneys' fees and defense costs, arising out of or in any way connected with this Project or the performance by the parties above named for the service under this Agreement, excepting only those damages, liabilities or costs attributable to the negligent acts or negligent failure to act by CEDG. ARTICLE 15. ASSIGNMENT This Agreement, being intended to secure the personal service of the individuals employed by and through whom CEDG performs work hereunder, shall not be assigned, sublet or transferred without the written consent of the CLIENT and CEDG. ARTICLE 16. CONTROLLING LAW This agreement is to be governed by the laws of the State of Pennsylvania. ?? ???? CEDG Et9GINfEPS October 19, 2006 Mr. Nick Hodges BIC Developing, LLP 11375 Lafayette Road O S" If Mercersburg, PA 17236 Re: Proposal for Civil Engineering Services Deerwood Community Resort Overall Site Studies and Treatment Facilities and Deerwood Villas Montgomery Township, Franklin County, Pennsylvania CEDG Proposal No : 05P225H - SECOND REVISION Dear Mr Hodges: Corporate Headquarters 5000 Ritter Road. Suite 203 Mechanicsburg PA 17035 tel. 717.691,8050 fax: 717 69'1.$055 www cedg. net in response to your request, CEDG, Inc. (CEDG) is pleased to submit this proposal to your office for civil engineering services to design a Residential Development in Montgomery Township The required services are based on CEDG's understanding of the site development portion of the project, described as follows: • Design of a Residential Development in accordance with the Montgomery Township Subdivision and Land Development Ordinances and past precedence of the Township for Deerwood Villas • Approximately 179 maximum units including Single Family Detached and Single Family Semi-Attached • Existing approximate 290 Acre in total area; Deerwood Villas is approximately 42 79 acres • Served by a Proposed Private Wastewater Treatment Plant • Public Water supply design is required • Building Footprints and/or required square footage will be supplied by the Client • Wetlands and floodplains will be delineated • A Traffic Study is required C.EDG's ability to deliver services with timely solutions, accuracy, responsiveness and quality enables us to provide you with the comprehensive scope of work outlined within this proposal SCOPE OF WORK 1. Pre-Design - Civil Engineering Services A„ Wetlands Delineation. CEDG will prepare a wetland delineation in accordance with the Pennsylvania Department of Environmental Protection and the Army Corps of Engineers for the entire Deerwood Community Subdivision. Other Locations I Ebensburg PA I Hagerstown MD I King of Prussia PA Mr. Nick Hodges October 19, 2006 CEDG Proposal No 05P225H Page 2 of 18 1. Delineate in the field the location of the wetlands and/or watercourse boundary using the routine criteria in the Corps of Engineers Wetlands Delineation Manual (Environmental Laboratory 1987) as modified by the 1992 RGL. Gather the necessary data to document the wetlands/watercourse boundary and complete a wetland data sheet for each sample site used to determine the wetland water course boundary.. This will include a description of the dominant plant species, soils information, hydrology, and a summary of the rationale used in the determination, 2. Stake and/or flag the wetland/watercourse boundary in the field with surveyor ribbon and consecutively numbered flags. Upon completion of the field delineation, CEDG will locate the wetland/watercourse flags and Sample Point locations with Global Positioning System receivers and plot them on existing site mapping.. 3. Prepare a wetlands report summarizing the conditions encountered on the site and the methodology used in determining the wetlands boundary.. This report will be suitable for regulatory review and permit applications and will include: a) Project description b) Project location map, soils map, and National Wetlands Inventory (NWI) map c) Methods d) Review of existing documentation (soils information, NWI, etc.) e) Documentation of the wetland identification procedures and findings f) Text descriptions that document and explain observed wetland conditions including wetland locations, size, classification, and necessary soil, vegetation, and hydrologic data g) Point-by-point wetland location map h) Wetland photographs 1) Appended technical information (data sheets, agency correspondence, and other relevant support document).. 4. Send agency coordination letters to the Pennsylvania Natural Diversity Inventory (PNDI), the U-S. Fish and Wildlife Service and the Pennsylvania Fish and Boat Commission (PAFBC) in order to review existing agency databases for potential impacts to known or potential threatened and endangered species that may exist on or near the project location B. Bog Turtle Habitat Assessment Report - CEDG will prepare and submit a Phase I - Bog Turtle Habitat Assessment Report to the US Fish and Wildlife Service (USFWS) and the PA Fish and Boat Commission (PAFBC) for their review and comment. This report will be necessary to identify any potential bog turtle habitat because Franklin Co. is identified as a bog turtle county by the USFWS C. Public Water Supply (Well) --The new water system will be classified by Pennsylvania Department of Environmental Protection (PADEP) as a Community Water System (C:WS), and as such is subject to PADEP's safe drinking water design and construction standards (PA Code Title 25, Chapter 109. These standards require, among other things, that the system owner must own or substantially control the Zone 1 wellhead protection zone around each well (a 100 feet to 400 feet radius); the system must be capable of providing an adequate supply during peak demand; and, the system maintain one (1) day of reserve capacity through either finished storage, back up sources, or interconnections. Mr. Nick Hodges October 19, 2006 CEDG Proposal No 05P225H Page 3 of 18 The proposed development is located in the Potomac River Basin (PRB). Water use in the PRB is not actively regulated by the PRB Commission.. CEDG also is not aware of any Montgomery Township regulations that pertain to development of a new groundwater supply for A CWS. Therefore, the proposed groundwater development project is subject only to PADEP regulations. CEDG estimates that average day use at the proposed development would require about 250 gallons per, day (gpd) per unit at a minimum, or about 400,000 gpd (278 gpm) Peak demand could be expected to increase by about 30 percent to at least 361 gpm. PADEP requires that the system be able to meet or exceed the average day demand with the largest producing source out of service Based on PADEP requirements and prudent design criteria, the proposed system should have a minimum of two (2) production wells to meet projected average and peak system demands. In order for one well to meet average day demand while. a second well is out of service, the minimum sustained yield should be about 150 gallons per minute (gpm), assuming a 20-hour duty cycle The following describes CEDG's proposed work scope. 1. Project Kick-Off Meeting a) CEDG will meet with the Client to discuss the project in order to establish current and future water supply needs, gain understanding of the property resources, and review preferable areas for well sites with respect to the preliminary or conceptual plan for the development At this time, the Client should provide copies of pertinent information, such as any previous subsurface or hydrogeologic investigation(s), information for any existing well(s), locations of existing infrastructure, and any other information pertinent to the groundwater development project, b) At Client's option, a pre-application meeting can be held with PADEP to discuss the proposed development, The purpose of the meeting is to discuss the major permitting requirements for the proposed development, provide PADEP personnel with an understanding of the project before CWS application is submitted, and to generally improve communication and facilitate later approval of the CWS application 2. Hydrogeologic Investigation and Well Site Identification a) CEDG will perform a hydrogeologic characterization of the site with the overall purpose of identifying the most favorable sites for future production wells. This investigation will first utilize existing published hydrogeologic reports for the area as produced by Pennsylvania Geologic Survey (PGS), United Stated Geologic Survey (USGS), and any other available information for the area, to determine the bedrock formations of the area.. Based on this published information, these formations will be ranked with regard to aquifer productivity and recharge rates CEDG will also prepare a preliminary groundwater availability analysis for these formations in order to estimate the approximate sustainable yield for each formation during both an average precipitation and drought year condition (Le., 1 in 10 year probability drought).. Based on our understanding of the proposed site 6. Mr. Nick Hodges October 19, 2006 CEDG Proposal No, 05P225H Page 4 of 18 location, the Martinsburg Formation and the Chambersburg Formation are the target bedrock aquifers at the site. b) The PADEP office will be contacted for information regarding any existing water quality issues in the area of the site, If necessary, CEDG will also complete a search of environmental databases maintained by PADEP and USEPA to identify other existing and potential water quality issues. c) Based on the water quantity and quality information, CEDG will identify the most favorable aquifer(s) for the proposed production wells. This information will be provided to the Client in the form of a draft map that depicts the target aquifers and the potential areas for groundwater development., Based on input from the Client, the potential areas will be further refined in consideration of the overall proposed site layout and facilities, known areas of groundwater degradation, current zoning, and any other information that would affect development of a long-term groundwater source.. A base map will then be prepared which delineates the recommended areas for production well development, d) In order to select specific well sites in the recommended well development areas, CEDG will complete a fracture trace analysis using available aerial photographs. USGS stereo-paired photos of 1:24,000 scale are preferred. The purpose of the analysis is to identify the apparent earth fractures and lineaments which represent the zones of greatest bedrock transmissivity. The most productive well sites would be located at the intersection of two or more such zones After the photographic analysis, •CEDG will complete a field inspection at each site in order to confirm the presence of earth fracturing (typically represented as a surficial sag or depression), and stake the location for possible future installation of a test well Based only on the size of the site, CEDG anticipates staking 4 to 6 sites. CEDG will also review the current land use in the vicinity of each proposed well site to determine whether current conditions represent a water quality threat, and whether there are any activities that might preclude development of the site. The well sites will be ranked in order of most to least favorable with respect to potential yield. e) An important consideration for each well site is whether the owner can satisfy the PADEP wellhead protection criteria, which requires that the Zone 1 area, which ranges from a 100 to 400 foot radius centered at the well, be owned or substantially controlled by the CWS. Therefore, as part of the final well site selection process, Client should evaluate the land ownership and proposed future land uses in order to ensure the needed land control surrounding each potential well site,. 3. Sanitary Survey and Pre-Drilling Plan a) After well sites are selected, CEDG will arrange an on-site meeting with PADEP to review well site locations for approval. Assuming that the sites are approved, CEDG will proceed with preparing a Pre-Drilling Plan for subsequent review and approval by PADEP. The Pre-Drilling Plan describes the pertinent site conditions, hydrogeologic setting, proposed drilling and well construction methods, the proposed well testing, and any potential for 0? Mr. Nick Hodges October 19, 2006 CEDG Proposal No. 05P225H Page 5 of 18 impact to area water resources. Upon PADEP approval of the pre-Drilling Plan, CEDG will prepare a well drilling and construction specification, which will describe the proposed drilling methodology, construction (diameter, casing depth, etc.), target depth, development, and testing. Generally, a 6- inch or 8-inch diameter test well should first be installed, and then reamed and reconstructed if the yield and water quality are satisfactory. The specification would be issued in a format suitable for bid solicitation.. CEDG will submit the specification to three (3) qualified drilling contractors, and along with input from CLIENT, select a contractor based on the overall best value for services. 4. Test Well Drilling and Production Well Construction a) CEDG will proceed with the oversight of drilling two (2) test wells at the highest ranked sites All work will be performed under the direct supervision of a Pennsylvania-registered Professional Licensed Geologist, as required by PADEP The site hydrogeologist will supervise the drilling, and prepare a well log that describes the lithology, water bearing zones, and preliminary water quality for each test well. Based on the blown yield from each test well, CEDG will recommend a final reconstruction method, and estimate the sustained yield from each well after reconstruction. CEDG may recommend completing a video log of the wells to confirm subsurface conditions and to select the final casing depth. Based on the estimated yields, additional test wells may be necessary to obtain a sufficient quantity of water for the proposed development b) CEDG will oversee the reconstruction of each test well after Client approval. Generally, reconstruction will involve removing the temporary steel casing, reaming to the final casing depth, installing permanent steel casing that is grouted and sealed to the proper depth, and proceeding with reaming the borehole to the final well depth. CEDG will require the drilling contractor to perform plumbness and alignment testing to ensure that the permanent pump and riser pipe can be installed without hindrance. 5. Production Well Testing a) Each production well must be tested as part of the permitting process In accordance with PADEP requirements, CEDG will perform 48-hour pumping tests on each well in order to assess the overall aquifer performance The purpose of the testing is to reliably determine the long term sustainable yield, and assess impact to the local surface and groundwater.. Each test will require monitoring any existing nearby wells and surface water features (e.g., springs and stream) to determine any significant impacts due to groundwater withdrawal from the new production wells CEDG will make every effort to monitor the Swisha and Spangler Wells. A drilling contractor will need to provide the temporary pump, power, controls and metering, and discharge for the pumping tests. Prior to conducting the pumping tests, CEDG will review the procedures and monitoring points (surface and groundwater) with PADEP for their approval. .A Mr, Nick Hodges October 19, 2006 C:EDG Proposal No. 051`225H Page 6 of 18 A step-drawdown test will be performed prior to the constant rate test, in order to establish an appropriate pumping rate for the constant-rate test, and estimate the well efficiency Each test will also include background monitoring to determine baseline aquifer conditions and surface water flows. After each 48-hour test, recovery monitoring will be performed for a minimum of 24 hours., b) The conclusion of each test, CEDG will collect groundwater samples for analysis for PADEP's New Source Parameters This suite of analyses includes the inorganic, organic, and radiologic parameters required by PADEP for new sources of water used by a CWS. Where feasible, CEDG will request a waiver for those parameters not considered to be a potential contaminant (e.g., dioxin). If the Surface Water Identification Protocol (SWIP) requirements are applicable, C:EDG will coordinate with PADEP personnel to ensure that a sample is also collected for a new source microscopic particulate analysis that would be completed by PADEP. 6. Reporting a) At the conclusion of the testing, CEDG will prepare a concise project report that summarizes the construction and testing of the new production wells. The report will include the information required by PADEP to enable approval of each new source for the new CWS, such as: • Hydrogeologic setting • As-built cross section diagrams for- each well • Results and analysis of aquifer testing (i.e., the pumping test) • Long term sustainable well yield • Summary of any impacts to surface and groundwater from proposed groundwater withdrawals from the new wells.. • Groundwater quality summary • Wellhead production The report will include all necessary site plans, figures, graphs, and calculations needed to adequately support the findings and conclusions of the project. The report will also include recommendations for the size and setting of the permanent well pump, and normal operating parameters and monitoring, for each production well. D. Traffic Study - CEDG will prepare a Traffic Study in accordance with Montgomery Township and PennDOT requirements. Please note that the fee indicated in the compensation section is an estimate. Further investigation with PennDOT and the Township and data collection is required to fine tune the fee. 1. Task I Study Area Investigation a) Submit a TIS scope confirmation memorandum to PennDOT and the Township. b) Obtain information from PennDOT and the Township regarding any planned roadway improvements in the study area.. Mr Nick Hodges October 19, 2006 C:EDG Proposal No. 05P225H Page 7 of 18 c) Request crash data from PennDOT for the study area intersections. d) Obtain a copy of the PennDOT approved traffic signal permit plans of the study intersections 2. Task II Field Data Collection a) Conduct manual traffic counts during the weekday morning (7:00 a.m to 9:00 a.m ), weekday evening (4:00 p m. to 6:00 p m.) and Saturday mid- day (11:00 a.m. to 1:00 p.m) peak period at five intersections. b) Describe the external road system in the study area as defined by the study area intersections c) Measure the existing sight distances at the proposed access drive location in accordance with PennDOT sight distance measurement methodology, 3. Task III. Existing & Base Year Volume Development a) Determine the projected increase in traffic at the study area intersections due to background growth b) Based on discussions with the Township, determine the projected increase in. traffic in the study area due to developments which are not currently operating but which will be operating by the build-out year for the above-referenced project, For purposes of this proposal, it was assumed that one such development would have to be included.. c) Develop 2015 Base Condition traffic volumes for the study area intersections. 4. Task IV. Trip Generation/Distribution and Projected Volume Development a) Determine the trip generation of the proposed development on a daily and peak highway hour basis using the Institute of Transportation Engineers Trip Generation Manual.. b) Using trip distribution rates developed from an analysis of existing traffic patterns in the study area, distribute and assign the site-generated traffic to the driveways and the study area intersections on the local road network, c) Determine 2015 Projected Condition traffic volumes for the study area 5. Task V. Analyses a) Conduct capacity analyses at the study area intersections for Existing, Base, and Projected Conditions, and at the driveway intersection for Projected Conditions.. b) Compare Base Condition and Projected Condition LOS to determine the traffic impact at the study area intersections attributable to the site, c) For roadways and intersections within the study area, determine roadway improvements necessary to mitigate the traffic impacts (if any) attributable to the site d) Conduct analyses to determine the need for (and, if necessary, the length of) separate turn lanes at the driveway intersection and the study area intersections for Projected Conditions, Mr. Nick Hodges October 19, 2006 CEDG Proposal No 05P225H Page 8 of 18 e) Conduct preliminary traffic signal warrant analyses (based on peak hour traffic volumes) at any deficient unsignalized intersections for Projected Conditions. f) Conduct queue analyses at study area intersections that are currently signalized or proposed to be signalized.. g) For the proposed driveway location, conduct analyses to compare the existing (measured) sight distances to the applicable sight distance standards h) Review the crash data obtained and identify intersections at which five or more correctable reportable crashes occurred during a continuous twelve month period over the past three years. 6. Task VI. Report Preparation & Preparation a) Prepare a report of findings discussing the results of the studies b) Submit a draft report to the client for review. c) Schedule a conference call to discuss the results of the TIS, d) Submit the TIS to PennDOT and the Township for review E. Conceptual Site Plan - The Conceptual Site Plan will be presented to the Client and the Township Staff for their review and comment. CEDG will make any necessary revisions before proceeding to the Preliminary Plan Phase. The Conceptual Site Plan shall include: 1. Developer information 2. Existing tract boundaries I Location map 4. Existing and proposed access in plan view 5. Proposed lot layout with site information F. Geotechnical Investigation - A scope of work for the geotechnical investigation will not be defined until the site layout is underway. A geotechnical investigation will be required to determine the slope stability in areas of steep slopes and also for the road construction in the steep slopes. A fee for the geotechnical investigation is not included in this proposal. Il. Design - Site Engineering Services A„ Cover Sheet, Existing Conditions and Demolition Plan - Prepare a Cover Sheet showing a vicinity map, title of project, index of sheets, list of governing agencies and any pertinent signature blocks. Prepare an Existing Survey Plan showing the existing conditions, including topography, utilities, vegetation, structures, pavements, drainage, rock outcroppings, adjoining streets with all horizontal and vertical control locations, delineated wetlands and the 100 year flood plain elevation (if applicable), etc. Prepare a Demolition Plan showing and noting all existing structures, utility lines and all other items to be removed.. Existing building structures, trees, utility lines, drives, etc which are to remain will be noted and any protection or phasing that is necessary will be provided on the Plans. 0.1` ' Mr Nick Hodges October 19, 2006 CEDG Proposal No. 05P225H Page 9 of 18 B. Subdivision and Easement Plan - Prepare a Subdivision Plan showing dimensioning and labeling of the proposed lot lines, roadway network, property lines, signage, landscaped buffer areas (if required), open space areas, traffic control signs and striping, entrance, radii, fences, setback lines, easements, undisturbed buffers and horizontal control. Dimensioning and/or coordinates shall be shown to locate all improvements. To prepare the Subdivision Plan, CEDG will research and plot recorded easement information, C,. Site Layout Plan - Prepare a Site Layout Plan showing and dimensioning proposed roadway network, horizontal curve data, access drive, buildings, etc. Dimensioning and/or coordinates shall be shown to locate all improvements. D. Grading Plan- Prepare a Grading Plan showing the existing and proposed contours, benchmarks, infrastructures, buildings, spot elevations in all high and low points, stormwater detention facilities, tree protection and undisturbed buffers E. Storm Drainage Plan Prepare a Storm Drainage Plan and Profiles including proposed drainage system; inlet and manhole tops and inverts, pipe size, type and slope, stormwater detention facilities and outlet structures, endwalls, rip-rap aprons, ditches and channels F. Sanitary Sewer Plan - Prepare Sanitary Sewer Plan and Profiles showing and labeling the proposed sanitary sewer system, manholes, valves and cleanouts The plan will note type, size, and slope of pipes, and invert elevations/top elevations of junction structures G. Water Distribution System Plan - Prepare Water Distribution System Plan and Profiles showing and labeling the proposed water system including piping, valves, cleanouts, manholes, pipe sizes, pipe material and inverts. H. Roadway Plan and Profiles - Prepare Roadway Plan and Profiles showing and labeling the proposed roadway network including vertical curves, grading and all utility crossings. 1. Detail Sheets -- Prepare separate detail plans showing all standard site details, utility details, drainage details and erosion and sediment control details. J. Design of Water Supply Pumping and Disinfection System (Wellhouse) 1. Preparation of Engineer's Design Report - C:EDG will prepare a report detailing the calculations used to determine the equipment selected. This report will also include cut-sheets of the selected items 2. Preparation of Drawings - C EDG will prepare drawings for the proper construction of the water supply pumping and disinfection system. Drawings will include all items related to water supply from the well to connection of the distribution system These drawings will include building design, system layout, cross sections, pipe routing and details.. Mr'. Nick Hodges October 19, 2006 CEDG Proposal No 05P225H Page 10 of 18 3. Preparation of Technical Specification - CEDG will prepare technical specification in CSI format for all items related to the water supply pumping and disinfection system, K. Design of Wastewater Treatment Plant 1., Preparation of Engineer's Design Report - CEDG will prepare a report detailing the calculations used to determine the equipment selected. This report will also include cut-sheets of the selected items. 2. Preparation of Drawings - CEDG will prepare drawings for the proper construction of the wastewater treatment plant. Drawings will include all items related to the treatment system from the connection to the collection system to the discharge area. These drawings will include system layout, cross sections, pipe routing and details. 3. Preparation of Technical Specification - CEDG will prepare technical specification in CSI format for all items related to the water supply pumping and disinfection system. III. Regulatory Agency Requirements A. Application for Preliminary Subdivision Plans - CEDG will prepare the necessary engineering plans, reports and applications for the submittals to the Township The submittals will include those engineering items outlined in the Township ordinances. CEDG anticipates attending two (2) Planning Commission meetings and two (2) Township Board of Supervisors meetings In addition, CEDG will meet with the Client for coordination as necessary. B. Stormwater Management Plan and Report -Stormwater management systems will be required and designed in accordance with the requirements of the Montgomery Township Stormwater Management Ordinance. If the Township requires off-site improvements to convey the proposed discharge from any on-site stormwater conveyance and/or detention facilities to an acceptable facility off-site, you will be notified. A scope with associated fee for preparation of such application will be provided at that time. Receipt of written authorization from you will be required prior to the performance of any such services. C. Erosion and Sediment Control Plan and Report - Prepare an Erosion and Sediment Control Plan showing the erosion control measures (including grading) such as construction entrance, silt fence, sediment basin or trap, stone laydown area, erosion control notes and phasing by number sequence, paved areas, contours, drainage system, inlet protection, diversion dikes, construction and general erosion control notes.. The Erosion and Sedimentation Control Plans will be prepared in accordance with the current requirements of the Franklin County Soil Conservation District.. Mr- Nick Hodges October 19, 2006 CEDG Proposal No 05P225H Page 11 of 18 D. NPDES Permit for Stormwater Discharges Related to Construction Activities - Based on this proposal, the proposed improvements will disturb more than one (1) acre of land; therefore, an NPDE5 Permit for stormwater discharges related to construction activities will be required. CEDG will prepare and submit the permit application and supporting documentation E. Permitting of Water Supply Pumping and Disinfection System - C.EDG shall prepare the water supply permit application including the modules for completeness, general design, groundwater sources and disinfection F. Water Quality Management Permit Application - CEDG will prepare the Water' Quality Management Permit Application and the proper modules for the treatment system.. ?a Mr Nick Hodges October 19, 2006 CEDG Proposal No. 05P225H Page 12 of 18 COMPENSATION The fee associated with the scope of work is as follows; I,. Pre-Design -- Site Engineering Services A. Wetlands Delineation B.. Bog Turtle Habitat Assessment Report „ C.. Public Water Supply Well 1. Additional Cost for Well (3) Construction D. Traffic Study ....... .. ... E., Geotechnical Investigation, F„ Conceptual Site Plan Total Pre-Design Phase............................................. $3525 $705 ..... . ..... . .$88,200 ($80,000) 1017 ...$24,000 .To Be Determined o k. $7,700 ................... $124,130 II. Design - Site Engineering Services A. Cover Sheet, Existing Conditions and Demo Plan .. ......... .$5,200 B. Subdivision and Easement Plan $14,080 C. Site Layout Plan ...... $11,600 D. Grading Plan .,.......... .412,640 E. Storm Drainage Plan .... $13,360 F. Sanitary Sewer Plan.. ...... _ $8,920 G. Water Distribution Plan .................. ...... .. .... $6,800 H. Roadway Plan and Profiles ...... ............. _., ..... .... . ..$13,920 1 . Detail Sheets _$8,040 1. Wellhouse $26,800 K. Wastewater Treatment Plant. .$37,400 Total Design Phase ........... ............................................................ $158,760 111. Regulatory Agency Requirements A. Application for Preliminary Plan Submission. . .$23,500 B. Storm Water Management Plan and Report.... .$18,240 C. Erosion and Sediment Control Plan and Report $18,040 D. NPDES Permit and Post Construction SW Report ..... „ .$15,840 E. Public Water Supply (Wellhouse) ........ ........ .. ... .... $10,560 F.. Water Quality Management Permitting...,........... .$9,480 Total Regulatory Agency Requirements Phase...... ....................... $95,660 Grand Total .......... $378,550 CEDG will perform the above stated services for an estimated fee of Three Hundred Seventy-Eight Thousand, Five Hundred Fifty ($378,550) dollars The above noted services shall be provided in accordance with the attached General Provisions of Engineer's Letter Agreement. Reimbursable expenses are in addition to the fee compensation for engineering services and include expenses incurred by CEDG and CEDG's employees and subconsultants. Permit and applications fees are not included in this proposal. This work may be authorized by signing in the space provided at the end of this proposal and returning a copy of the signed contract with an original signature ?,.. e Mr Nick Hodges October 19, 2006 CEDG Proposal No. 05P225H Page 13 of 18 ADDITIONAL SERVICES A. CEDG has included attending two (2) meetings with each for the Township Planning Commission and the Board of Supervisors; however, the amount of meetings that will be needed for other regulatory agencies (PennDOT, Conservation District, etc.) is unknown. B. In the event that the performance of services not specifically provided for in this scope are requested by the Client, a regulatory/reviewing agency or any other entity authorized to make such a request, then the hourly rates shall apply conditioned upon written authorization from the Client. C. A change in design concept following approval of the sketch plan, or submission of the Preliminary Subdivision Plans to the Township will be considered a change in scope of services and CEDG will be entitled to additional compensation at the hourly rates or a lump sum amount as agreed upon by both Nick Hodges and CEDG prior to commencement of same.. D. Changes to design codes, regulatory requirements or agency approval procedures enacted after the date of this proposal will be considered a change in the scope of services. CEDG will be entitled to additional compensation at the hourly rates if additional work or redesign of completed work is required to comply with the new regulations. E. As the specifics of the treatment systems are unknown at this time, this proposal does not include structural design or electrical design other than that supplied by the equipment manufacturers. Typically, wastewater treatment planst manufacturers supply the structural and electrical design and the Developer is only required to supply power to the control panels. For water treatment systems, the structural and electrical design is included as long as disinfection is the only treatment required. The Developer will be responsible for providing electrical power supply to the well house in both cases, the Developer's electrical contractor handles the power supply. The design of the well house treatment only includes disinfection. This proposal does not include the design of retaining walls, off-site drainage, off-site sanitary sewer or water, pump stations, off-site street improvements or irrigation. This proposal does not include permitting for stream crossings F. This proposal does not include survey services, bidding assistance, specification preparation, construction observation, deed descriptions for the individual lots, easement exhibits or legal descriptions, construction stakeout or construction management G. This proposal does not include site development permit and review fees H. This proposal does not include the design of water storage tanks (included with Parcel A proposal) and fire flow pumps CEDG assumes that only disinfection is required for treatment I, Client Responsibilities - Client shall provide all criteria and full information as to the requirements for the Project, commercial only, including any proposed residential unit blueprints of electronic format and commercial facility building footprints in electronic , .O1.. Mr, Nick Hodges October 19, 2006 CEDG Proposal No 05P225H Page 14 of 18 format, design objectives and constraints, space, capacity and performance requirements, flexibility and expendability, and any budgetary limitations; and furnish copies of all design and construction standards that the Client will require to be included in the Drawings, CEDG may use and rely upon the accuracy of furnished information without verification in performing service under this agreement.. L Review of Drawings - CEDG will not proceed to a subsequent phase of basic services until Client reviews and accepts the work completed during the previous phase. These reviews will occur prior to submission of the sketch plan, Tentative and Final Subdivision Plans to the Township. Client agrees to provide notice to proceed to the next phase within five days of receipt of completed work. Failure to provide notice may extend the schedule of the project. CEDG will establish a schedule for the Subdivision Plan process and will work with you to meet the schedule., CEDG has no control over the review time for regulatory agencies; however, CEDG will work closely with the agencies to expedite the review process CEDG appreciates your consideration of our firm and looks forward to working with you on this project. If you have any questions or require additional information, please do not hesitate to contact us,. Very truly yours, CEDG, Inc. Todd N Stager, P. E. President Approved by: i Signa re Y Titfe r Dat \?. ?} October 19, 2006 Mr. Nick Hodges BJC Developing, LLP 11375 Lafayette Road Mercersburg, PA 17236 Re: Proposal for Civil Engineering Services Deerwood Community Resort - Parcel A Montgomery Township, Franklin County, Pennsylvania CEDG Proposal No..: 06P140H - REVISED US09q 61 Dear Mr. Hodges: corporate Headquarters 5000 hi ter Road Su3 to 20 wf=chanlrsbura L7'A 1?CEZ tel: 11 051 '3050 ;ax: - 69;.8055 In response to your request, CEDG, Inc. (CEDG) is pleased to submit this proposal to your office for civil engineering services related to the Deerwood Community Resort - Parcel A. The required services are based on CEDG's understanding of the site development portion of the project, described as follows: • Fifty (50) single family lots and approximately 340-400 condominium/townhouse lots. • Lots to provide a scenic view as topography allows.. CEDG's ability to deliver services with timely solutions, accuracy, responsiveness and quality enables us to provide you with the comprehensive scope of work outlined within this proposal: • Sanitary sewer collection system required. • Private on-lot wells.. • Extension of water main through the site to serve townhouses and condominiums and to parcel A/B property line., SCOPE OF WORK 1. Pre-Design - Site Engineering Services A. Sketch She Plan - The Sketch Site Plan will be presented to the Client for review and comment. CEDG will make two revisions before proceeding to the Preliminary Plan Phase. The Sketch Site Plan shall include: 1. Developer information. 2. Existing tract boundaries. 3. Location map.. 4. Existing and proposed access in plan view 5. Proposed lot layout with site information.. V O':1ler L r;q',iors; U snsburg °=. ;rnsrstot,r MD 1 Mr..'I of F';+rssla Pa Mr. Nick Hodges October 19, 2006 CEDG Project No,: 06P140H Page 2 of 11 ll. Design - Site Engineering Services A. Cover Sheet, Existing Conditions and Demolition Plan - Prepare a Cover Sheet showing a vicinity map, title of project, index of sheets, list of governing agencies and any pertinent signature blocks. Prepare an Existing Survey Plan showing the existing conditions, including topography, utilities, vegetation, structures, pavements, drainage, rock outcroppings, adjoining streets with all horizontal and vertical control locations, delineated wetlands and the 100 year flood plain elevation (if applicable), etc. Prepare a Demolition Plan showing and noting all existing structures, utility lines and all other items to be removed.. Existing building structures, trees, utility fines, drives, etc, which are to remain will be noted and any protection or phasing that is necessary will be provided on the Plans,. B. Subdivision and Easement Plan - Prepare a Subdivision Plan showing dimensioning and labeling of the proposed lot lines, roadway network, property lines, signage, landscaped buffer areas (if required), open space areas, traffic control signs and striping, entrance, radii, fences, setback lines, easements, undisturbed buffers and horizontal control. Dimensioning and/or coordinates shall be shown to locate all Improvements., To prepare the Subdivision Plan, CEDG will research and plot recorded easement information.. C. Site Layout Plan - Prepare a Site Layout Plan showing and dimensioning proposed roadway network, horizontal curve data, access drive, buildings, etc. Dimensioning and/or coordinates shall be shown to locate all improvements. D. Grading Plan - Prepare a Grading Plan showing the existing and proposed contours, benchmarks, infrastructures, buildings, spot elevations in all high and low points, stormwater detention facilities, tree protection and undisturbed buffers.. E. Storm Drainage Plan - Prepare a Storm Drainage Plan and Profiles including proposed drainage system, inlet and manhole tops and inverts, pipe size, type and slope, stormwater detention facilities and outlet structures, endwalls, rip-rap aprons, ditches and channels F. Sanitary Sewer Plan - Prepare Sanitary Sewer Plan and Profiles showing and labeling the proposed sanitary sewer system, manholes, valves and cleanouts.. The plan will note type, size, and slope of pipes, and invert elevations/top elevations of junction structures.. G. Roadway Plan and Profiles - Prepare Roadway Plan and Profiles showing and labeling the proposed roadway network including vertical curves, grading and all utility crossings. H„ Storage Tank Design - CEDG will prepare plans for the two storage tanks: one to designed to service Parcel E Alas at Deerwood) to be located adjacent to the existing Hodges Residences and one designed to service parcel A and B to be located at a high elevation on Parcel A. t N, Mr Nick Hodges October 19, 2006 CEDG Project No: 06P140H Page 3 of 10 J. Detail Sheets - Prepare separate detail plans showing all standard site details, utility details, drainage details and erosion and sediment control details. III. Regulatory Agency Requirements A. Application for Preliminary Plan Submission - CEDG will prepare the necessary engineering plans, reports and applications for the submittals to the Township. The submittals will include those engineering items outlined in the Township ordinances. CEDG anticipates attending, two (2) Planning Commission meetings and two (2) Township Board of Supervisors meeting. In addition, CEDG will meet with the Client for coordination as necessary B,. Stormwater Management Plan and Report - Stormwater management systems will be required and designed in accordance with the requirements of the Montgomery Township Stormwater Management Ordinance. If the Township requires off-site improvements to convey the proposed discharge from any on-site stormwater conveyance and/or detention facilities to an acceptable facility off-site, you will be notified. A scope with associated fee for preparation of such application will be provided at that time Receipt of written authorization from you will be required prior to the performance of any such services. C. Erosion and Sediment Control Plan and Report - Prepare an Erosion and Sediment Control Plan showing the erosion control measures (including grading) such as construction entrance, silt fence, sediment basin or trap, stone laydown area, erosion control notes and phasing by number sequence, paved areas, contours, drainage system, inlet protection, diversion dikes, construction and general erosion control notes The Erosion and Sedimentation Control Plans will be prepared in accordance with the current requirements of the Franklin County Soil Conservation District. D. NPDES Permit for Stormwater Discharges Related to Construction Activities - Based on this proposal, the proposed improvements will disturb more than one (1) acre of land; therefore, an NPDES Permit for stormwater discharges related to construction activities will be required CEDG will prepare and submit the permit application and supporting documentation. n1 Mr Nick Hodges October 19, 2006 CEDG Project No : 06P140H Page 4 of 10 COMPENSATION The fee associated with the Scope of Work is as follows: 1. Pre-Design - Site Engineering Services A. Sketch Site Plan..,. $3,300 Total Pre-Design Phase ...................................................................$3,300 11. Design - Site Engineering Services A. Cover Sheet, Existing Conditions and Demo Plan _$500 B. Subdivision and Easement Plan .$3,610 C. Site Layout Plan .$6,900 D. Grading Plan ...,,... $8,425 E. Storm Drainage Plan $6,900 F. Sanitary Sewer Plan . .... ..... „, ,. .. ...... $5,320 G. Roadway Plan and Profiles .......... $8,140 H. Storage Tank Design ..... $S,OOfl 1. Water Distribution ......... .... ... $3,500 1. Detail Sheets ......,.. , . $1,800 Total Design Phase ........................................................................ $50,095 111. Regulatory Agency Requirements A. Application for Preliminary Plan Submission _$7,075 B. Storm Water Management Plan and Report $5,625 C. Erosion and Sediment Control Plan and Report $5,625 D. NPDES Permit and Post Construction SW Report ...$4,280 Total Regulatory Agency Requirements Phase ........................... $22,605 Grand Total ......... $76,000 CEDG will perform the above stated services for a fee of Seventy Six Thousand Dollars ($76,000 00). The above noted services shall be provided in accordance with the attached General Provisions of Engineer's Letter Agreement Reimbursable expenses are in addition to the fee compensation for engineering services and include expenses incurred by CEDG and CEDG's employees and subconsultants. Permit and applications fees are not included in this proposal. This proposal will remain open for sixty (60) days. This work may be authorized by signing in the space provided at the end of this proposal and returning a copy of the signed contract with an original signature ADDITIONAL SERVICES Mr. Nick Hodges October 19, 2006 CEDG Project No : 06P140H Page 5 of 10 A. CEDG has included attending two (2) meetings with each for the Township Planning Commission and the Board of Supervisors; however, the amount of meetings that will be needed for other regulatory agencies (PennDOT, Conservation District, etc) is unknown. B,. In the event that the performance of services not specifically provided for in this scope are requested by the Client, a regulatory/reviewing agency or any other entity authorized to make such a request, then the hourly rates shall apply conditioned upon written authorization from the Client C. A change in design concept following approval of the sketch plan, or submission of the Preliminary Subdivision Plans to the Township will be considered a change in scope of services and CEDG will be entitled to additional compensation at the hourly rates or a lump sum amount as agreed upon by both Nick Hodges and CEDG prior to commencement of same D. Changes to design codes, regulatory requirements or agency approval procedures enacted after the date of this proposal will be considered a change in the scope of services. CEDG will be entitled to additional compensation at the hourly rates if additional work or redesign of completed work is required to comply with the new regulations E. This proposal does not include survey services, bidding assistance, specification preparation, construction observation, deed descriptions for the individual lots, easement exhibits or legal descriptions, construction stakeout or construction management F. This proposal does not include site development permit and review fees, G. This proposal does not include the design of fire flow pumps K Client Responsibilities - Client shall provide all criteria and full information as to the requirements for the Project, commercial only, including any proposed residential unit blueprints of electronic format and commercial facility building footprints in electronic format, design objectives and constraints, space, capacity and performance requirements, flexibility and expendability, and any budgetary limitations; and furnish copies of all design and construction standards that the Client will require to be included in the Drawings. CEDG may use and rely upon the accuracy of furnished information without verification in performing service under this agreement: Review of Drawings - CEDG will not proceed to a subsequent phase of basic services until Client reviews and accepts the work completed during the previous phase. These reviews will occur prior to submission of the sketch plan, Tentative and Final Subdivision Plans to the Township. Client agrees to provide notice to proceed to the next phase within five days of receipt of completed work Failure to provide notice may extend the schedule of the project. ,1,H Mr. Nick Hodges October 19, 2006 CEDG Project No.: 06P140H Page 6 of 10 CEDG appreciates your consideration of our firm and looks forward to working with you on this project If you have any questions or require additional information, please do not hesitate to contact us. Very truly yours, CEDG, Inc, Todd N Stager, P.E President Approved by: D. /! f -k(, I?Z Sign ure Title V Da ?/ ??? CEDG ff G:f;f,¢RS October 19, 2006 Mr. Nick Hodges BJC Developing, LLP 11375 Lafayette Road Mercersburg, PA 17236 Re: Proposal for Civil Engineering Services Deerwood Community Resort - Parcels B & C Montgomery Township, Franklin County, Pennsylvania CEDG Proposal No.: 06P140H.01 - REVISED Dear Mr. Hodges: Corporate Headquarters 5000 Ritter Road, Suite 203 Mechanicsburg, PA 17055 tel: 717.691.8050 fax: 717.691.8055 www,cedg.net In response to your request, CEDG, Inc. (CEDG) is pleased to submit this proposal to your office for civil engineering services related to the Deerwood Community Resort - Parcel C. The required services are based on CEDG's understanding of the site development portion of the project, described as follows: • 52 single family lots on 81.17 acres for Parcel B. • 140 single family lots on 78.75 acres for Parcel C. • Sanitary Collection System with Pump Station. • Private on-lot wells. CEDG's ability to deliver services with timely solutions, accuracy, responsiveness and quality enables us to provide you with the comprehensive Scope of Work outlined within this proposal. SCOPE OF WORK 1. Pre-Design - Site Engineering Services A. Sketch Site Plan - The Sketch Site Plan will be presented to the Client and the Township Staff for their review and comment. CEDG will make any necessary revisions before proceeding to the Preliminary Plan Phase. The Sketch Site Plan shall include: 1. Developer information. 2. Existing tract boundaries. 3. Location map. 4. Existing and proposed access in plan view. S. Proposed lot layout with site information. Other Locations I Ebensburg PA I Hagerstown MD King of Prussia PA Mr. Nick Hodges October 19, 2006 CEDG Proposal No. 06P140H.01 Page 2 of 10 Design - Site Engineering Services A. Cover Sheet, Existing Conditions and Demolition Plan - Prepare a Cover Sheet showing a vicinity map, title of project, index of sheets, list of governing agencies and any pertinent signature blocks. Prepare an Existing Survey Plan showing the existing conditions, including topography, utilities, vegetation, structures, pavements, drainage, rock outcroppings, adjoining streets with all horizontal and vertical control locations, delineated wetlands and the 100 year flood plain elevation (if applicable), etc. Prepare a Demolition Plan showing and noting all existing structures, utility lines and all other items to be removed. Existing building structures, trees, utility lines, drives, etc. which are to remain will be noted and any protection or phasing that is necessary will be provided on the Plans. B. Subdivision and Easement Plan - Prepare a Subdivision Plan showing dimensioning and labeling of the proposed lot lines, roadway network, property lines, signage, landscaped buffer areas (if required), open space areas, traffic control signs and striping, entrance, radii, fences, setback lines, easements, undisturbed buffers and horizontal control. Dimensioning and/or coordinates shall be shown to locate all improvements. To prepare the Subdivision Plan, CEDG will research and plot recorded easement information. C. Site Layout Plan - Prepare a Site Layout Plan showing and dimensioning proposed roadway network, horizontal curve data, access drive, buildings, etc. Dimensioning and/or coordinates shall be shown to locate all improvements. D. Grading Plan - Prepare a Grading Plan showing the existing and proposed contours, benchmarks, infrastructures, buildings, spot elevations in all high and low points, stormwater detention facilities, tree protection and undisturbed buffers. E. Storm Drainage Plan - Prepare a Storm Drainage Plan and Profiles including proposed drainage system; inlet and manhole tops and inverts, pipe size, type and slope, stormwater detention facilities and outlet structures, endwalls, rip-rap aprons, ditches and channels F. Sanitary Sewer Plan - Prepare Sanitary Sewer Plan and Profiles showing and labeling the proposed sanitary sewer system, manholes, valves and cleanouts. The plan will note type, size, and slope of pipes, and invert elevations/top elevations of junction structures. G. Roadway Plan and Profiles - Prepare Roadway Plan and Profiles showing and labeling the proposed roadway network including vertical curves, grading and all utility crossings. H. Pump Station - Prepare plans for the Sanitary Pump Station to pump from Parcels B & C to Parcel E. 1. Off-Site Sanitary Force Main - Prepare Force Main Plan and Profiles showing and labeling the proposed Force Main System, valves and cleanouts along Blair's Valley Road. J. Detail Sheets - Prepare separate detail plans showing all standard site details, utility details, drainage details and erosion and sediment control details. Mr. Nick Hodges October 19, 2006 CEDG Proposal No. 06P140H.01 Page 3 of 10 Ill. Regulatory Agency Requirements A. Application for Preliminary Plan Submission - CEDG will prepare the necessary engineering plans, reports and applications for the submittals to the Township. The submittals will include those engineering items outlined in the Township ordinances. CEDG anticipates attending, two (2) Planning Commission meetings and two (2) Township Board of Supervisors meetings. In addition, CEDG will meet with the Client for coordination as necessary. B. Stormwater Management Plan and Report - Stormwater management systems will be required and designed in accordance with the requirements of the Montgomery Township Stormwater Management Ordinance. If the Township requires off-site improvements to convey the proposed discharge from any on-site stormwater conveyance and/or detention facilities to an acceptable facility off-site, you will be notified. A scope with associated fee for preparation of such application will be provided at that time. Receipt of written authorization from you will be required prior to the performance of any such services. C. Erosion and Sediment Control Plan and Report - Prepare an Erosion and Sediment Control Plan showing the erosion control measures (including grading) such as construction entrance, silt fence, sediment basin or trap, stone laydown area, erosion control notes and phasing by number sequence, paved areas, contours, drainage system, inlet protection, diversion dikes, construction and general erosion control notes. The Erosion and Sedimentation Control Plans will be prepared in accordance with the current requirements of the Franklin County Soil Conservation District. D. NPDES Permit for Stormwater Discharges Related to Construction Activities - Based on this proposal, the proposed improvements will disturb more than one (1) acre of land; therefore, an NPDES Permit for stormwater discharges related to construction activities will be required. CEDG will prepare and submit the permit application and supporting documentation. Mr. Nick Hodges October 19, 2006 CEDG Proposal No. 06P140H.01 Page 4 of 10 COMPENSATION The fee associated with the Scope of Work is as follows: 1. Pre-Design - Site Engineering Services A. Sketch Site Plan ........................................................ .................. $1,650 Total Pre-Design Phase ..................................................................$1,650 II. Design - Site Engineering Services A. Cover Sheet, Existing Conditions and Demo Plan ...... ..................... $500 B. Subdivision and Easement Plan ................................ .................. $4,610 C. Site Layout Plan ...................................................... .................. $5.500 D. Grading Plan ............................................................. .................. $6,000 E. Storm Drainage Plan ............................................... .................. $6,470 F. Sanitary Sewer Plan .................................................. .................. $6,320 G. Roadway Plan and Profiles ........................................ .................. $8,020 H. Pump Station ............................................................ .................. $1,500 1. Off-Site Sewer Design .............................................. ................... $3,500 J. Detail Sheets ............................................................ .................. $1,800 Total Design Phase ...................................................................... $44,220 III. Regulatory Agency Requirements A. Application for Preliminary Plan Submission .............. ................... $7,075 B. Storm Water Management Plan and Report .............. ................... $5,625 C. Erosion and Sediment Control Plan and Report ........ ................... $5,625 D. NPDES Permit and Post Construction SW Report ....... ...................$4,280 Total Regulatory Agency Requirements Phase .......................... $22,605 Grand Total ......... $68,475 CEDG will perform the above stated services for a fee of Sixty Eight Thousand Four Hundred and Seventy Five Dollars ($68,475.00). The above noted services shall be provided in accordance with the attached General Provisions of Engineer's Letter Agreement. Reimbursable expenses are in addition to the fee compensation for engineering services and include expenses incurred by CEDG and CEDG's employees and subconsultants. Permit and applications fees are not included in this proposal. This proposal will remain open for sixty (60) days. This work may be authorized by signing in the space provided at the end of this proposal and returning a copy of the signed contract with an original signature. Mr. Nick Hodges October 19, 2006 CEDG Proposal No. 06P140H.01 Page S of 10 ADDITIONAL SERVICES A. CEDG has included attending two (2) meetings with each for the Township Planning Commission and the Board of Supervisors; however, the amount of meetings that will be needed for other regulatory agencies (PennDOT, Conservation District, etc.) is unknown. B. In the event that the performance of services not specifically provided for in this scope are requested by the Client, a regulatory/reviewing agency or any other entity authorized to make such a request, then the hourly rates shall apply conditioned upon written authorization from the Client. C. A change in design concept following approval of the sketch plan, or submission of the Preliminary Subdivision Plans to the Township will be considered a change in scope of services and CEDG will be entitled to additional compensation at the hourly rates or a lump sum amount as agreed upon by both Nick Hodges and CEDG prior to commencement of same. D. Changes to design codes, regulatory requirements or agency approval procedures enacted after the date of this proposal will be considered a change in the scope of services. CEDG will be entitled to additional compensation at the hourly rates if additional work or redesign of completed work is required to comply with the new regulations. E. This proposal does not include survey services, bidding assistance, specification preparation, construction observation, deed descriptions for the individual lots, easement exhibits or legal descriptions, construction stakeout or construction management. F. This proposal does not include site development permit and review fees. G. This proposal does not include the design of water storage tanks and fire flow pumps. H. Client Responsibilities - Client shall provide all criteria and full information as to the requirements for the Project, commercial only, including any proposed residential unit blueprints of electronic format and commercial facility building footprints in electronic format, design objectives and constraints, space, capacity and performance requirements, flexibility and expendability, and any budgetary limitations; and furnish copies of all design and construction standards that the Client will require to be included in the Drawings. CEDG may use and rely upon the accuracy of furnished information without verification in performing service under this agreement. Review of Drawings - CEDG will not proceed to a subsequent phase of basic services until Client reviews and accepts the work completed during the previous phase. These reviews will occur prior to submission of the sketch plan, Tentative and Final Subdivision Plans to the Township. Client agrees to provide notice to proceed to the next phase within five days of receipt of completed work. Failure to provide notice may extend the schedule of the project. Mr. Nick Hodges October 19, 2006 CEDG Proposal No. 06P140H.01 Page 6 of 10 CEDG appreciates your consideration of our firm and looks forward to working with you on this project. if you have any questions or require additional information, please do not hesitate to contact us. Very truly yours, CEDG, Inc. Todd N. Stager, P.E. President Approved by: Signature Title Date Mr. Nick Hodges October 19, 2006 CEDG Proposal No. 06P140H.01 Page 7 of 10 CEDG, INC. GENERAL PROVISIONS OF ENGINEER'S LETTER AGREEMENT ARTICLE 1. GENERAL These General Provisions are incorporated as an integral part of the letter-type agreement to which they are attached between CEDG, Inc , a Mechanicsburg, Pennsylvania corporation, herein referred to as CEDG, and the CLIENT of the Project addressed in such letter-type agreement, wherein the CLIENT engages CEDG to provide certain engineering, planning and/or surveying services on a Project. As used herein, the term "this Agreement" refers to (1) the CEDG Proposal Letter which becomes the Letter Agreement upon its written acceptance by the CLIENT, (2) these General Provisions and (3) any attached Exhibits, as if they were part of one and the same document. In event that these provisions conflict with the proposal letter or exhibits, the proposal letter and its exhibits shall govern. ARTICLE 2. PERIOD OF SERVICE The term of this Agreement for the performance of services hereunder shall be set forth in the Letter Agreement. In this regard, any lump sum or estimated maximum payment amounts set forth in the Letter Agreement have been established in anticipation of an orderly and continuous progress of the Project in accordance with any schedule set forth in the Letter Agreement or any exhibits attached thereto. Unless the schedule is a requirement of the Agreement, the work shall process in a timely manner as determined by CEDG. ARTICLE 3. COMPENSATION TO CEDG A. Compensation to CEDG for professional services described in this Agreement shall be on a Lump Sum basis and/or an Hourly Rate Basis as designated in the Letter Agreement and as hereinafter described. 1. A Lump Sum method of payment for CEDG's services shall apply to all parts of a work scope where CEDG's tasks can be readily defined and/or where the level of effort required to accomplish such tasks can be estimated with a reasonable degree of accuracy. The CLIENT shall make monthly payments to CEDG within 30 days of date of invoice based on an estimated percentage of completion of CEDG's services. 2. An Hourly Rate method of payment for CEDG's services shall apply to all or parts of a work scope where CEDG's tasks cannot be readily defined and/or where the level of effort required to accomplish such tasks cannot be estimated with any reasonable degree of accuracy. Under an hourly method of payment, CEDG shall be paid for the actual hours worked on the Project by CEDG's techn cal personnel times an hourly billing rate established for each employee. Hourly billing rates shall include compensation for all salary costs, payroll burden, general and administrative overhead and professional fee. A rate schedule shall be furnished by CEDG to CLIENT upon request. The CLIENT shall make monthly payments to CEDG within 30 days of date of invoice based on the amount of work completed. 3. For any projects that CEDG is contracted to perform land survey work, CEDG will charge a flat daily fee of seventy- five dollars ($75) to cover the ongoing costs associated with repair and maintenance of field survey equipment. This flat daily fee will be charged for every day spent in the field surveying for the project. This fee will be in addition to the Lump Sum or Hourly Rate method of payment for the project. B. In addition to the foregoing, CEDG shall be reimbursed at cost plus 20% for the following expenses when incurred in the performance of the work: a) Travel and subsistence. b) Outside professional and technical services and agency fees. c) Identifiable reproduction, reprographic, and delivery costs. The CLIENT shall make monthly payments to CEDG within 30 days of date of invoice for services provided and expenses incurred to date, accompanied by supporting evidence as required and stated in the Letter Agreement. C. The CLIENT will pay the balance stated on all invoices unless CLIENT notifies CEDG in writing of the particular item that is alleged to be incorrect, within 15 days from the date of the invoice, in which case, only the disputed item will remain undue until resolved by the parties. All accounts unpaid after 30 days from the date of original invoice shall be subject to a service charge of 1-1/2% per month, or the maximum amount authorized by law, whichever is less. In addition, CEDG may, after giving 7 days written notice to the CLIENT, suspend services under this Agreement until CEDG has been paid in full for all amounts then due for services, expenses and charges. The Client additionally agrees to pay all attorney fees, collection fees, court and lien costs and other such expenditures incurred to satisfy any unpaid balance. ARTICLE 4. GOVERNMENT APPROVAL CEDG shall provide services defined herein based on education, training, experience, and judgment as a design professional familiar with the industry Since CEDG has no control over government agencies responsible for review and approval of designs, CEDG cannot and does not guarantee government approval. CEDG shall not be liable for damages resulting from the actions or inactions of government agencies, and CEDG shall only act as an advisor in all governmental relations. CLIENT agrees that payment of professional fees is not contingent upon approvals by a governmental body or agency. ARTICLE 5. EXTRA WORK If CEDG is of the opinion that any work they have been directed to perform is beyond the Scope of this Agreement, or that the level of effort required significantly exceeds that estimated due to changed conditions and thereby constitutes extra work; they shall promptly Mr. Nick Hodges October 19, 2006 CEDG Proposal No. 06P140H.01 Page 8 of 10 notify the CLIENT of that fact. Extra work, additional compensation for same, and extension of time for completion shall be covered by a Supplemental Agreement entered into by both parties prior to proceeding with any extra work or related expenditures. In the event of unresolved dispute over change in scope or changed conditions, this Agreement may be terminated upon 7 days written notice as provided in Article 6. ARTICLE 6. ABANDONMENT, CHANGE OF PLAN AND TERMINATION Either Party has the right to terminate this Agreement upon 7 days written notice for failure to perform in accordance with the Letter Agreement. In addition, the CLIENT may at any time, reduce the scope of this Agreement. Such reduction in scope shall be set forth in a written notice from the CLIENT to CEDG. In the event of reduction in scope of the Project work, CEDG shall be paid for the work performed and expenses incurred on the project work thus reduced and for all completed and abandoned work, for which payment has not been made, computed in accordance with the provisions of Article 3 and the Letter Agreement. In the event of termination and payment by the CLIENT of amounts due for work performed and expenses incurred to the date and time of termination, computed in accordance with the provisions of Article 3 and the Letter Agreement, all documents, finished or unfinished, prepared by CEDG under this Agreement shall be made available by CEDG to the CLIENT and there shall be no further obligation of the CLIENT to CEDG under this Agreement. ARTICLE 7. DISPOSITION OF PLANS, REPORTS AND OTHER DATA At the time of completion or termination of the work and upon payment of all invoices, CEDG shall make available to the CLIENT copies of all maps, tracings, reports, resource materials and other documents pertaining to the work or to the Project. All such documents are not intended or represented to be suitable for reuse by the CLIENT or others on extensions of the Project or any other project. Any reuse without verification or adaptation by CEDG for the specific purpose intended will be at CLIENT's sole risk and without liability or legal exposure to CEDG. In this regard, the CLIENT will indemnify and hold harmless CEDG from any and all suits or claims of third parties arising out of such reuse, including legal expenses, which is not specifically verified, adapted or authorized by CEDG. ARTICLE 8. CLIENT'S RESPONSIBILITIES A. To permit CEDG to perform the services required hereunder, the CLIENT shall provide, in proper time and sequence, the following at no expense to CEDG. 1. All necessary information regarding CLIENT requirements as necessary for orderly progress of work. 2. Designate in writing, one person to act as CLIENT's representative with respect to the services to be rendered under this Agreement. Such person shall have authority to transmit instructions, receive instructions, receive information, interpret and define CLIENT's policies with respect to CEDG's services. 3. Furnish, as required for performance with respect to CEDG's services (except to the extent as provided otherwise in the Letter Agreement or any Exhibits attached hereto), data prepared by or services of others, including without limitation, core borings, probings and subsurface explorations; laboratory tests and inspections of samples; appropriate professional interpretations of all of the foregoing; environmental assessment and impact statements; property, boundary, easement, right-of-way, topographic and utility surveys; property descriptions; zoning, deed and other land use restrictions; and other special data not covered in the Letter Agreement or any Exhibits attached hereto. 4. Provide access to, and make all provisions for CEDG to enter upon publicly or privately owned property as required to perform the work, 5. Act as liaison with other agencies or involved parties to carry out necessary coordination and negotiations, furnish approvals and permits from all governmental authorities having jurisdiction over the Project and such approvals and consents from others as may be necessary for completion of the Project. 6. Examine all reports, sketches, drawings, specifications and other documents prepared and presented by CEDG, obtain advice of an attorney, insurance counselor or others as CLIENT deems necessary for such examination and render, in writing, decisions pertaining thereto within a reasonable time so as not to delay the services of CEDG. 7. Give prompt written notice to CEDG whenever CLIENT observes or otherwise becomes aware of any development that affects the scope or timing or CEDG's services or any defect in the work of Construction Contractor(s), Consultants or CEDG. 8. Initiate actions, where appropriate, to identify, remove and/or encapsulate asbestos products or materials or other such hazardous materials located in the Project area prior to accomplishment of any work contemplated under the Project. 9. Provide such accounting, independent cost estimating and insurance counseling services as may be required for the Project, such legal services as CLIENT may require or CEDG may reasonably request with regard to legal issues pertaining to the Project including any that may be raised by Contractor(s), such auditing services as CLIENT may require to ascertain how or for what purpose any Contractor has used the moneys paid under the construction contract, and such inspection services as CLIENT may require to ascertain that Contractor(s) are complying with any law, rule, regulation, ordinance, erode or order applicable to their furnishing and performing the work. 14. Provide "record" drawings and specifications for all existing physical plants or facilities which are pertinent to the Project. 11. Provide other services, materials, or data as may be set forth in the Letter Agreement or any Exhibits attached hereto. B. CEDG shall be entitled to rely on the accuracy and completeness of information furnished by the CLIENT. If CEDG finds that any information furnished by the CLIENT is in error or is inadequate for its purpose, CEDG shall promptly notify the CLIENT Mr. Nick Hodges October 19, 2006 CEDG Proposal No. 06P140H.01 Page 9 of 10 ARTICLE 9. OPINIONS OF COST Opinions of probable project cost, construction cost, financial evaluations, feasibility studies, economic analyses of alternate solutions and utilitarian considerations of operations and maintenance costs provided for in the Letter Agreement of any Exhibits attached hereto, are made on the basis of CEDG's experience and qualifications and represents CEDG's judgment as an experienced and qualified design professional. It is recognized, however, that CEDG does not have control over the cost of labor, material, equipment or services furnished by others or over market conditions or contractors' methods of determining their prices, and that any evaluation of any construction work to be performed on the basis of CEDG's cost opinions, must of necessity, be speculative until completion of construction or acquisition. Accordingly, CEDG does not guarantee that proposals, bids or actual costs will not substantially vary from opinions, evaluations or studies submitted by CEDG to CLIENT hereunder. ARTICLE 10. CONSTRUCTION PHASE SERVICES CLIENT acknowledges that it is customary for the architect or engineer who is responsible for the preparation and furnishing of Drawings and Specifications and other construction-related documents to be employed to provide professional services during the Bidding and Construction Phases of the Project, (1) to interpret and clarify the documentation so furnished and to modify the same as circumstances revealed during bidding and construction may dictate, (2) in connection with acceptance of substitute or equal items of materials and equipment proposed by bidders and Contractor(s), (3) in connection with approval of shop drawings and sample submittals, and (4) as a result of and in response to CEDG's detecting in advance of performance of affected work inconsistencies or irregularities in such documentation. CLIENT agrees that if CEDG is not employed to provide such professional services during the Bidding (if the work is put out for bids) and the Construction Phases of the Project, (1) CEDG will not be responsible for, and CLIENT shall indemnify and hold CEDG (and CEDG's professional associates and consultants) harmless from all claims, damages, losses and expenses including attorneys' fees arising out of, or resulting from, any interpretation, clarification, substitution acceptance, shop dravving or sample approval or modification of such documentation issued or carried out by CLIENT or others and (2) the CLIENT assume all responsibility for interpretation of the contract documents and for construction observation. Nothing contained in this paragraph shall be construed to release CEDG (or CEDG's professional associates or consultants) from liability for failure to perform in accordance with professional standards any duty or responsibility which CEDG has undertaken or assumed under this Agreement. Neither the professional activities of CEDG, nor the presence of CEDG or its employees and sub consultants at a const7,iction site, shall relieve the General Contractor of its obligations, duties and responsibilities including, but not limited to, construction means, methods, sequence, techniques or procedures necessary for performing, superintending and coordinating the Work in accordance with the contract documents and health or safety precautions required by regulatory agencies. CEDG and its personnel have no authority to exercise control over construction contractor or its employees in connection with their work or health or safety program or procedures. The Client agrees that the General Contractor shall be solely responsible for jobsite safety, and warrants that this intent shall be carried out in the Client's contract with the General Contractor. The Client also agrees that the Client, CEDG and CEDG's sub consultants shall be indemnified by the General Contractor and shall be made additional insureds under the General Contractor's policies of general liability insurance. ARTICLE 11. ERRORS AND OMISSIONS In providing services under this Agreement, CEDG will endeavor to perform in a manner consistent with the degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances. If, after the construction has begun, an error or omission is discovered and the item can still be provided in the sequence of construction without premium cost to the CLIENT, the CLIENT agrees to pay for this item as if it had been included in the original construction documents. If this error or omission is discovered out of sequence with the construction timetable, then CEDG will pay for the premium cost to have this item corrected or included, with the CLIENT paying for the item's basic cost as if it had been included in the original documents. If the premium cost falls below 2% of the defined construction cost, then the entire premium cost shall be the responsibility of the CLIENT. This premium cost concept for errors and omissions is not applicable if the CLIENT chooses not to employee CEDG during construction phase services per Article 10 above. To the maximum extent permitted by law, the CLIENT agrees to limit CEDG's liability for the CLIENT damages to the sum of $50,000 or CEDG's fee, whichever is greater. This limitation shall apply regardless of the cause of action or legal theory pled or asserted. ARTICLE 12. INSURANCE CEDG maintains insurance coverage including Workmans' Compensation Insurance, Employer's Liability Insurance, Commercial General Liability Insurance, Automobile Liability Insurance and Professional Errors and Omission (E&0) Insurance. CEDG agrees to attempt to maintain Professional (E&O) liability coverage for the period of design and construction of the Project, and for a period of three (3) years following substantial completion, if such coverage is reasonably available at commercially affordable premiums. Certificates of Insurance will be furnished upon request. Mr. Nick Hodges October 19, 2006 CEDG Proposal No. 06P140H.01 Page 10 of 10 ARTICLE 13. DISPUTE RESOLUTION/MEDIATION/LITIGATION In an effort to resolve conflicts that arise during the design and construction of the Project or following the completion of the Project, the Client and CEDG agree that all disputes arising out of or relating to this Agreement or the Project shall be first submitted to non- binding mediation unless the parties mutually agree otherwise. In the event of litigation arising from or related to this Agreement or the services provided under this Agreement, the prevailing party shall be entitled to recover from the non-prevailing party all reasonable costs incurred, including staff time, court costs, attorney's fees and all other related expenses in such litigation. ARTICLE 14. INDEMNIFICATION In addition, and notwithstanding any other provisions of this Agreement, the Client agrees, to the fullest extent permitted by law, to indemnify and hold harmless CEDG, its officers, directors, employees and sub consultants (collectively, CEDG) against all damages, liabilities or costs including reasonable attorneys' fees and defense costs, arising out of or in any way connected with this Project or the performance by the parties above named for the service under this Agreement, excepting only those damages, liabilities or costs attributable to the negligent acts or negligent failure to act by CEDG. ARTICLE 15. ASSIGNMENT This Agreement, being intended to secure the personal service of the individuals employed by and through whom CEDG performs work hereunder, shall not be assigned, sublet or transferred without the written consent of the CLIENT and CEDG. ARTICLE 16. CONTROLLING LAW This agreement is to be governed by the laws of the State of Pennsylvania. G:\a_marketing\06Proposals\06P140H.01 - Deerwood Community Resort - Parcels B & C\Proposa!\06P140H.01-P-Nick Hodges-REVISED- 2006-10-19-E lectroni c. doc /? ?.?' ??' November 9, 2006 Mr Nick Hodges BJC Developing LLC 11375 Lafayette Road Mercersburg, PA 17236 Re: Deerwood Community Subdivisions Contract Amendment CEDG Project No. 05099 CEDG Proposal 05P225H Second Revision dated November6, 2006 CEDG Proposal 08P140H Revised dated November 6, 2006 CEDE Proposal 08P140H.0'1 Revised dated November 6, 2006 Below are the Terms and Conditions under which CEDG, Inc. (CEDG) will agree to continue to provide engineering services under the above referenced proposals- Since January 5, 2006, CEDG has provided engineering services on the above referenced project under CEDG's Proposal,05P225H, dated December 22, 2005 CEDG has received $189,374 66 under said proposal. In order that CEDG continue to provide engineering services to secure completion of preliminary approvals for Parcels A, B. C and E of Deerwood Community, the following Amendment to the CEDG Proposal is agreed to; 1 Proposals No 05P225H (revised), 06P1 40H, and 06P140H.01, all dated November 6, 2006, represent revisions to the un-executed CEDG Proposal 05P225, dated December 22, 2005, and will be executed concurrently with this agreement 2. A payment'of $95,000 for services provided to date, or to be provided under the above referenced proposals, will be made concurrently with the signing of this agreement 3 Monthly payments for engineering services will be made in the amount of $15,000 per month starting on April 1, 2007 and continuing on the 1°4 day of every month until balance is paid in full. If payments become more than 60 days delinqu wt, the balance due will be secured by a first lien against one or more lots in Section B of Deerwood Mountain Estates. The number of lots used as collateral will depend on the outstanding balance due under this agreement and the collateral value of the lot(s) The collateral value of the lots will be based on the Lot Value Schedule below The amount of the first lien on each lot will not exceed the value of the lot as listed in the Lot Value Schedule below. The values below are in no way a reflection of the actual sale value of the lots, but were created only as a reference of collateral as related to lien, if applicable, as stated above. Lot Value Schedule (used only for collateral in the order as listed below): Lot # 42 $100,000 Lot#58 $100,000 Lot # 66 $100,000 ??r Mr Nick Hodges Y. November 9, 2006 0 CEDG Project No: 05099 Page 2 of 2 4 Any legal/recording expenses associated with the lien(s) are to be paid equally (split) by CEDG and Nick Hodges (or BJC Developing LLC). 5 This amendment will be bound by the terms of the "General Provisions of Engineer's Letter Agreement' attached to proposals No. 05P225H (revised), 06P'l40H, and 06PI40H.01, all dated November 6, 2006 Signatures below acknowledge acceptance of these contract amendment terms and conditions Accepted by: 11 l5? Giv Nick Hodg , Representative of BJC Developing, LLC Date Todd . Stager, P.E.. P ent df' CEDG, Inc r _ Date _? CEDG, INC. GENERAL PROVISIONS OF ENGINEER'S LETTER AGREEMENT ARTICLE 1. GENERAL These General Provisions are incorporated as an integral pelt of the letter-type agreement to which they are attached between CEDG inc , a Mechanicsburg, Pennsylvania corporation, herein referred to as CEDG, and the CLIENT of the Project addressed In such letter- type agreement wherein the CLIENT engages CEDG to provide certain engineering. planning and/or surveying services on a Project. As used herein, the term 'this Agreement" refers to (1) the CEDG Proposal Letter which becomes the Letter Agreement upon its written acceptance by the CLIENT, (2) these General Provisions and (3) any attached Exhibits or amendments, as if they were part of one and the same document. In event that these provisions conflict with the proposal letter or exhlbis. the proposal letter and Its exhlbKs shall govern ARTICLE 2. PERIOD OF SERVICE The term of this Agreement for the performance of services hereunder shall be set forth in the Letter Agreement. In this regard, any Jump sum or estimated maximum payment amounts set forth in the Letter Agreement have been established in anticipafloa of an orderly and continuous progress of the Project in accordance with any schedule set forth In the Letter Agreement or any exhibits attached thereto. Unless the schedule is a requirement of the Agreement, the work shall process Ina timely manner as determined by CEDG. ARTICLE 3. COMPENSATION TO CEDG A Compensation to CEDG for professional services described in this Agreement shall be on a Lump Sum basis and/or an Hourly Rate Basis as designated In the Letter Agreement and as hereinafter described. 1 A Lump Stun method of payment for CEDG`s services shag apply to an parts of a work scope where CEDG's tasks can be readily donned and/or where the level of effort required to accomplish sueh tasks can be estimated with a reesoantile degree of accuracy Invoicing wit be submitted to the CLIENT on a monthly based on an estimated percentage of completion of CEDOs services. The CLIENT shag make payments In accordanoe with the Contract Amendment dated November 9, 2006 2. An Hourly Rate method of payment for CEDG's services shall apply to all or parts of a work scope where CED'G's tasks cannot be readily defined and/or where the level of effort required to accomplish such tasks cannot be estimated with any reasonable degree of accuracy Under an hourly method of payment; CEDG shall be paid for the actual hours worked on the Project by CEDG's technical personnel times an hourly billing rate established for each employee Hourly billing rates Mail include compensation for all salary coats, payroll burden, general and adminislretive overhead and professional fee.. A rate schedule shall be Wished by CEDG to CLIENT upon request. The CLIENT shall make payments to CEDG It accordance with the Contract Amendment dated November 9, 2006 lased on the amount of work completed. 3 For any projects that CEDG Is contracted to perform land survey work, CEDG wni charge a flat daily fee of seventy- live dollars (375) to cover the ongoing costs associated with repair and maintenance of field survey equipment This flat daily fee wit be charged for every day spent In the field surveying for the project This fee will be in addition to the Lump Sum or Hourty Rate method of payment for the project. 8 In addition to the foregoing, CEDG shaft be reimbursed at coat plus 20% for the following expenses when incurred In the performance of the work; a) Travel and subsiatence b) . Outside professional and technical services and agency fees c) Identifiable reproduction, reprographic, and delivery costs The. CLIENT shag make payments to CEDG in accordance with the Contract Amendment dated November 9, 2006 services provided and expenses incurred to date, accompanied by supporting evidence as required and stated in the Letter Agreement. CEDG will make an attempt to notify the CLIENT In the event the total reltrnbursable cost Is equal or greater than 110% of the total lump sum casts listed in the proposals in the Contract Amendment dated November 9, 2006. C. The CLIENT will pay the balance stated on all invoices unless CLIENT notifles CEDG in writing of the particular item that Is alleged to be Incorrect, wWn 15 days from the date of the invoice, in which case, only the disputed ilea, will remain undue until resolved by the parties. All scoxunts unpaid per the Contract Amendment dated November 9, 2006 shall be subject to a service charge of 8% per year. In addition, CEDG may, after giving 30 days written notice to the CLIENT, suspend services under this Agreement until CEDG has been paid In full for at amounts then due (per the amendment) for services, expenses and charges. In the event the CLIENT does not cooperate with the reoording of the fen, the CLIENT agrees to pay an attorney fees, collection fees and court costs and other such expenditures incurred to satisfy any unpaid balance ARTICLE 4., GOVERNMENT APPROVAL CEDG shall provide services donned herein based on education, training, experience, and judgment as a design professional familiar with the industry. Since CEDG has no control over government agencies responsible for review and approval of designs, CEDG cannot and does not guarantee government approval CEDG shag not be liable for damages resulting from the actions or inactions of government agencies, and CEDG shall only act as an advisor in all govemmental relations. CLIENT agrees that payment of pf/4 professional fees is not contingent upon approvals by a governmental body or agency.. 5 if ARTICLES.. EXTRA WORK If CEDG is of the opinion that any work they have been directed to perform is beyond the Scope of this Agreement or that the level of effort required significantly exceeds that estimated due to changed conditions and thereby c meltudes extra work; they shall promptly notify the CLIENT of that fact. Extra work, additional compensation for same, and extension of time for completion shall be covered by a Supplemental Agreement entered into by both parties prior to proceeding with any extra work or related expenditures In the event of unresolved dispute over change In scope or changed conditions, this Agreement may be terminated upon 7 days written notice as provided in Article 6. ARTICLE B., ABANDONMENT, CHANGE OF PLAN AND TERMINATION Either Party has the right to terminate this Agreement upon 7 days written notice for failure to perform In accordance with the Letter Agreement, but not before a formal meeting is scheduled and attended by the applicable parties to discuss a resolution or alternative measures related to the reasons of failure to perform In addition, the CLIENT may at any time, reduce the scope of this Agreement Such reduction in scope shall be set forth in a written notice from the CLIENT to CEDG In the event of reduction In scope of the Project work, CEDG shall be paid for the work performed and expenses incurred on the project work thus reduced and for all completed and abandoned work, for which payment has not been made computed in accordance with the provisions of Article 3 and the Letter Agreement In the event of termination and payment by the CLIENT of amounts due for work performed and expenses incur'r'ed to the date and time of termination, computed in accordance with the provisions of Article 3 and the Letter Agreement, all documents, finished or unfinished, prepared by CEDG under this Agreement shall be made available by CEDG to the CLIENT and there shall be no further obligation of the CLIENT to CEDG under this Agreement ARTICLE 7. DISPOSITION OF PLANS, REPORTS AND OTHER DATA At the time of completion or termination of the work and upon payment of all invoices, CEDG stall make available to the CLIENT copies of all maps, Iracings, reports. resource materials and other documents pertaining to the work or to the Project. All such documents are not intended or represented to be suitable for reuse by the CLIENT or others on extensions of the Project or any other project. Any reuse without verification or adaptation by CEDG for the speeft purpose intended will be at CLIENTS sole risk and without liability or legal exposure to CEDG. In this regard, the CLIENT will Indemnify and told harmieas CEDG from any and all suits or claims of third parties arising out of such reuse, including legal expenses, which is not specifically verified, adapted or authorized by CEDG ARTICLE 8.. CLIENT'S RESPONSIBILITIES A. To permit CEDG to perform the services required hereunder the CLIENT shall provide in proper time and sequence the fallowing at no expense to CEDG. 1 All necessary information regarding CLIENT requirements as necessary for orderly progress of work. 2. Designate In writing, one person to act as CLIENT's representative with respect to the services to be rendered under this Agreement Such person shall have authority to transmit instructions receive instructions receive information, Interpret and define CLIENT's policies with respect to CEDG* services 3. Furnish, as required for performance with respect to CEDG's services (except to the extent as provided otherwise in the Letter Agreement or any Exhibits attached hereto), data prepared by or services of others, including without limitation, core borings, probings and subsurface explorations; laboratory tests and inepections of samples; appropriate professional Interpretations of all of the foregoing; environmerrtet asseaerrient and impact statements; property, boundary, easement, rfghW way topographic and utility Fels prrty desorfptions; zoning, deed and other land use restrictions; and other special date not covered In the Letter Agreement or any Exhibits attached hereto 4. Provide access to and matte all provisions for CEDG to enter upon publicly or privately owned property as required to perform the work 5 Act as liaison with other agencies or involved parties to carry out necessary coordination and negotiations; fumish approvals and permits from all governmental authorities having jurisdiction over the Project and such approvale and consents from others as may be necessary for completion of the Project. 6. Examine all reports, sketches, drawings, specifications and other documents prepared and presented by CEDG, obtain advice of an attorney, fnsruanee counselor or others as CLIENT deems necessary for such examination and render, in writing, decisions pertaining thereto within a reasonable time so as not to delay the services of CEDG. 7 Give prompt written notice to CEDG whenever CLIENT observes or otherwise becomes aware of any development that affects the scope or timing or CEDG's services or any defect In the work of Construction Contractor(s), Consultants or CFDG 8 initiate actions, where appropriate, to identify, remove andfor encapsulate asbestos products or materials or other such hazardous materials located in the Project area prior to accomplishment of any work contemplated under the Project 8. Provide such accounting Independent cost estimating and insurance counseling services as may be required for the Project, such legal services as CLIENT may require or CEDG may reasonably request with regard to legal Issues pertaining to the Project including any that may be raised by Contractor(s), such auditing services as CLIENT may require to ascertain how or for what purpose any Contractor has used the moneys paid under the construction contract, and such inspection services as CLIENT may require to ascertain that Contractor(s) are complying with any law, rule regulation, ordinance. code or order applicable to their furnishing and performing the work. 10, Provide 'record" drawings and specifications for all existing physical plants or facilities which are pertinent to the Project 11. Provide other services, materiels, or data as may be set forth in the Letter Agreement or any Exhibits attached hereto . )t 8 CEDG shall be entitled to rely on the accuracy and completeness of information fumished by the CLIENT. If CEDG finds that any I j j!Nf! pl information furnished by the CLIENT Is in error or is inadequate for its purpose, CEDG shall promptly notify the CLIENT S ARTICLE 9.. OPINIONS OF COST Opinions of probable project cost, construction cost, financial evaluations, feasibility studies, economic analyses of alternate solutions and utilitarian considerations of operations and maintenance coats provided for in the Letter Agreement of any Exhibits attached hereto, are made on the basis of CEDG's experience and qualifications and represents CEDG's judgment as an experienced and qualified design professional. It is recognized, however, that CEDG does not have control over the cost of tabor, material, equipment or services furnished by others or over market conditions or contractors' methods of determining their prices, and that any evaluation of any construction work to be performed on the basis of CEDG's cost opinions, must of necessity be speculative until completion of construction or acquisition Accordingly. CEDG does not guarantee that proposals bids or actual costs will not substantially vary from opinions evaluations or studies submitted by CEDG to CLIENT hereunder ARTICLE 10.. CONSTRUCTION PHASE SERVICES CLIENT acknowledges that it Is customary for the architect or engineer who is responsible for the preparation and furnishing of Drawings and Specifications and other construction-related documents to be employed to provide professional services during the Bidding and Construction Phases of the Project, (1) to Interpret and clarify the documentation so furnished aril to modify the same as circumstances revealed during bidding and construction may dictate, (2) In connection with acceptance of substitute or equal items of materials and equipment proposed by bidders and Contractor(s), (3) in connection with approval of shop drawings and sample submittals, and (4) as a result of and in response to CEDG's detecting in advance of performance of affected work Inconsistencies or Irregularities in such documentation CLIENT agrees that if CEDG Is not employed to provide such professional services during the Bidding of the work Is put out for bids) and the Construction Phases of the Project, (1) CEDG will not be responsible for, and CLIENT shall indemnify and hold CEDG (and CEDG's professional associates and consultants) harmless from an claims, damages, losses and expenses including attorneys' fees arising out of, or resulting from, any Interpretation, clarification, substitution acceptance. shop drawing or sample approval or modification of such documentation issued or carried out by CLIENT or others and (2) the CLIENT assume all responsibility for interpretation of the contract documents and for construction observation. Nothing contained in this paragraph shall be construed to release CEDG (or CEDG's professional associates or consultants) from liability for failure to perform in accordance with professional standards any duty or responsibility which CEDG has undertaken or assumed under this Agreement. Neither the professional adivil ies of CEDG, nor the presence of CEDG or its employees and sub consultants at a construction site, shall relieve the General Contractor of Its obligations, duties and responsibilities indudYig, but not limited to, construction means, methods, sequence, techniques or procedures necessary for performing, superintending and coordinating the Work in accordance with the contract documents and heeltlt or safety precautions required by regulatory agencies. CEDG and its personnel have no authority to exercise control over construction contractor or its employees in connection with their work or health or safety program or procedures. The Client agrees that the General Contractor shall be solely responsible for jobsite safety, and warrants that this intent shall be carried out In the Cnei s conhaid with the General Contractor. The Client also agrees that the Client, CEDG and CEDG's sub consultants shall be indemnified by the General Contractor and shall be made additional insureds under the General Contractors policies of general liability Insurance ARTICLE 11., ERRORS AND OMISSIONS In providing services under this Agreement. CEDG wit endeavor to perform in a manner consistent with the degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar droumstances, if, after the construction has begun, an error or omission is discovered and the Rem can still be provided in the sequence of constnrdfon without premium cost to the CLIENT, the CLIENT agrees to pay for this item as if it had been included in the original construction documents. If this error or omission is discovered out of sequence with the construction timetable, then CEDG win pay for the premium cost to have this Ram corrected or Included, with the CLIENT paying for the Item's basic cost as If it had been Included in the original documents. h the premium cost falls below 2% of the defined oonaVuWon cost, then the entire premium cost shall be the responsibility of the CLIENT To the maidmum extent permitted by raw, the CLIENT agrees to timlt CEOG's liability for the CLIENT damages not related to engineering errors and omissions to the sum of $W,0W or CEDG's fee, whichever is greater This limitation shall apply regardless of the cause of action or legal theory pled or asserted. ARTICLE 12. INSURANCE CEDG maintains insurance coverage Including Workman's' Compensation Insurance. Employers Liability Insurance, Commercial General Liability Insurance, Automobile Liability Insurance and Professional Errors and Omission (E&O) Insurance CEDG agrees to attempt to maintain Protesdorial (E&O) liability coverage for the period of design and construction of the Project, and for a period of three (3) years following Substantial eomplidlon. If such coverage Is reasonably available at commercially affordable premiums. IF CEDG, for any reason, derides to eliminate any area of insurance coverage as described above, CEDG will give CLIENT at least 30 days notice of cancellation prior to cancellation of Insurance. Certificates of Insurance will be furnished upon request ARTICLE 13.. DISPUTE RESOLUTIONfMEDIAT1OWLITIGAT1oN In an effort to resolve conflicts that arise during the design and aorstruction of the Project or following the completion of the Project, the Client and CEDG agree that an disputes arising out of or relating to this Agreement or the Project shall be first submitted to non-binding mediation unless the parties mutually agree otherwise In the event of litigation arising from or related to this Agreement or the services provided under this Agreement, the prevailing party 7y 0?? shall be entitled to recover from the non-prevailing party all reasonable costs Incurred, including staff time court costs attorney's fees I and all other related expenses in such litigation. ARTICLE 14. INDEMNIFICATION In addition, and notwithstanding any other provisions of this Agreement, the Client agrees to the "ast extent permitted by law, to indemnify and hold harmless CEDG, its officers, directors. employees and sub consultants (collectively, CEDG) against all damages, liabilities or costs Including reasonable attomeys' fees and defense costs, arising out of or in any way connected with this Project or the performance by the parties above named for the service under this Agreement, excepting only those damages, liabilities or casts attributable to the negligent acts or negligent failure to act by C EDO ARTICLE 16.. ASSIGNMENT This Agreement, being intended to secure the personal service of the individuals employed by and through whom CEDG performs work hereunder. shall not be assigned sublet or transferred without the written consent of the CLIENT and CEDG ARTICLE 16,. 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Image not found - with the path CEDG, INC. specified within Billing Template Editor 5000 Ritter Road Suite 203 Mechanicsburg, PA 17055 Nick Hodges Nick Hodges 11375 Deerwood Drive Mercersburg, PA 17236 United States Project 05085.03 Shindle Farm - Survey Professional Services from December 1. 2005 to December 31. 2005 Fee Billing Phase Fee Topographic and Boundary 25,020.00 Survey Total Fee 25,020.00 Percent Complete 100.00 Total Fee December 23, 2005 Project No: 05085.03 Invoice No: 20042643 Previous Current Fee Earned Billing Billing 25,020.00 0.00 25,020.00 25,020.00 Total this Invoice Billings to Date Current Fee 25,020.00 Totals 25,020.00 Approved By: Prior Total 0.00 25,020.00 0.00 25,020.00 0.00 25,020.00 25,020.00 $25,020.00 Please direct questions concerning this invoice to Becky Creelman 717.458.9234. Image not found - with the path CEDG, INC. specified within Billing Template Editor 5000 Ritter Road Suite 203 Mechanicsburg, PA 17055 Nick Hodges December 23, 2005 Nick Hodges Project No: 05085 11375 Deerwood Drive Invoice No: 20042648 Mercersburg, PA 17236 United States Project 05085 Shindle Manor Subdivision Fee Percent Previous Current Fee Billing Phase Fee Complete Earned Billing Billing Wetlands Delineation 1,000.00 100.00 1,000.00 0.00 1,000.00 Bog Turtle Habitat 250.00 100.00 250.00 0.00 250.00 Assessment Report Public Water Supply Well 58,030.00 0.00 0.00 0.00 0.00 Traffic Study 15,500.00 0.00 0.00 0.00 0.00 Cover Sheet, Existing 4,790.00 60.00 2,874.00 0.00 2,874.00 Conditions/Demo PI Subdivision and Easement 8,510.00 60.00 5,106.00 0.00 5,106.00 Plan Site Layout Plan 8,350.00 60.00 5,010.00 0.00 5,010.00 Grading Plan 9,390.00 60.00 5,634.00 0.00 5,634.00 Storm Drainage Plan 10,110.00 60.00 6,066.00 0.00 6,066.00 Sanitary Sewer Plan 6,110.00 60.00 3,666.00 0.00 3,666.00 Water Distribution Plan 3,810.00 60.00 2,286.00 0.00 2,286.00 Roadway Plan and Profiles 8,870.00 60.00 5,322.00 0.00 5,322.00 Detail Sheets 6,390.00 60.00 3,834.00 0.00 3,834.00 Wellhouse 26,800.00 0.00 0.00 0.00 0.00 Application for Preliminary 12,160.00 50.00 6,080.00 0.00 6,080.00 Plan Submiss Storm Water Management 13,160.00 50.00 6,580.00 0.00 6,580.00 Plan/Report Erosion/Sediment Control 13,160.00 50.00 6,580.00 0.00 6,580.00 Plan/Report NPDES Permit/Post 12,280.00 50.00 6,140.00 0.00 6,140.00 Construction SW Report Public Water Supply 10,560.00 0.00 0.00 0.00 0.00 H.O.P. 16,020.00 50.00 8,010.00 0.00 8,010.00 Sewer Module 8,460.00 0.00 0.00 0.00 0.00 Please direct questions concerning this invoice to Becky Creelman 717.458.9234. Project 05085 Shindle Manor Subdivision Invoice 20042648 Total Fee 253,710.00 74,438.00 0.00 74,438.00 Total Fee 74,438.00 Reimbursable Expenses Travel 302.37 Mailing and Handling 34.08 Total Reimb ursables 336.45 336.45 Unit Billing Mileage 149.0 Mileage @ 0.49 87.61 51.0 Mileage @ 0.49 29.99 Printing B/W 7.0 Copies @ 0.20 1.68 30.0 Copies @ 0.20 7.20 Ridgway's Printing 5.28 135.96 284.28 Total Units 552.00 552.00 Total this Invoice $75,326.45 Billings to Date Current Prior Total Fee 74,438.00 0.00 74,438.00 Expense 336.45 0.00 336.45 Unit 552.00 0.00 552.00 Totals 75,326.45 0.00 75,326.45 Approved By: Please direct questions concerning this invoice to Becky Cree{man 717.458.9234. Page 2 Billing Backup Tuesday, July 05, 2011 CEDG, Inc. Invoice 20042648 Dated 12/23105 11:13:37AM Project 05085 Shindle Manor Subdivision Reimbursable Expenses Travel EX 000000000872 11 /03/05 Ebersole, Jeffrey / Shindle Farm 75.26 EX 000000000851 11/09/05 Pike, David / Mileage for site visit 7.06 EX 000000000853 11 /10/05 Stager, Todd / peters twp meeting 45.24 EX 000000000859 11/14/05 Pike, David / Mileage for site visit 9.41 EX 000000000875 12/01/05 Stager, Todd / mtg w twp 2 davis renn 50.40 EX 000000000881 17/07105 Pike, David / Mileage for Shindle Plan 108.78 submission EX 000000000881 12/07/05 Pike, David / Meal for Shindle Plan 6.22 submission Mailing and Handling AP 000000002134 12/08/05 Federal Express / Invoice: 322092436, 34.08 1215/2005 Total Reimbursables 336.45 336.45 Unit Billing Mileage 149.0 Mileage @ 0.49 87.61 51.0 Mileage @ 0.49 29.99 Printing B/W 7.0 Copies @ 0.20 1.68 30.0 Copies @ 0.20 7.20 Ridgway's Printing 5.28 135.96 284.28 Total Units 552.00 552.00 Total this report $888.45 Image not found - with the path CEDG, INC. specified within Billing Template Editor 5000 Ritter Road Suite 203 Mechanicsburg, PA 17055 Nick Hodges January 25, 2006 Nick Hodges Project No: 05085 11375 Deerwood Drive Invoice No: 20060021 Mercersburg, PA 17236 United States Project 05085 Shindle Manor Subdivision Fee Percent Previous Current Fee Billing Phase Fee Complete Earned Billing Billing Wetlands Delineation 1,000.00 100.00 1,000.00 1,000.00 0.00 Bog Turtle Habitat 250.00 100.00 250.00 250.00 0.00 Assessment Report Public Water Supply Well 58,030.00 0.00 0.00 0.00 0.00 Traffic Study 15,500.00 0.00 0.00 0.00 0.00 Cover Sheet, Existing 4,790.00 70.00 3,353.00 2,874.00 479.00 ConditionslDemo PI Subdivision and Easement 8,510.00 70.00 5,957.00 5,106.00 851.00 Plan Site Layout Plan 8,350.00 70.00 5,845.00 5,010.00 835.00 Grading Plan 9,390.00 70.00 6,573.00 5,634.00 939.00 Storm Drainage Plan 10,110.00 70.00 7,077.00 6,066.00 1,011.00 Sanitary Sewer Plan 6,110.00 70.00 4,277.00 3,666.00 611.00 Water Distribution Plan 3,810.00 70.00 2,667.00 2,286.00 381.00 Roadway Plan and Profiles 8,870.00 70.00 6,209.00 5,322.00 887.00 Detail Sheets 6,390.00 70.00 4,473.00 3,834.00 639.00 Welihouse 26,800.00 0.00 0.00 0.00 0.00 Application for Preliminary 12,160.00 70.00 8,512.00 6,080.00 2,432.00 Plan Submiss Storm Water Management 13,160.00 70.00 9,212.00 6,580.00 2,632.00 Plan/Report Erosion/Sediment Control 13,160.00 70.00 9,212.00 6,580.00 2,632.00 Plan/Report NPDES Permit/Post 12,280.00 70.00 8,596.00 6,140.00 2,456.00 Construction SW Report Public Water Supply 10,560.00 0.00 0.00 0.00 0.00 H.O.P. 16,020.00 70.00 11,214.00 8,010.00 3,204.00 Sewer Module 8,460.00 0.00 0.00 0.00 0.00 Please direct questions concerning this invoice to Becky Creelman 717.458.9234. Project 05085 Shindle Manor Subdivision Invoice 20060021 Total Fee 253,710.00 Total Fee 94,427.00 74,438.00 19,989.00 19,989.00 Reimbursable Expenses Mailing and Handling Total Reimbursables Unit Billing Mailing and Handling Plots-24X36 Printing B/W Ridgway's Printing Total Units Outstanding Invoices 489.0 Plots @ 6.00 4,869.0 Copies @ 0.20 23.78 23.78 10.61 3,520.80 1,168.56 87.36 4,787.33 Total this invoice Number Date Balance 20042648 12/23/05 75,326.45 Total 75,326.45 Total Now Due Billings to Date Current Prior Total Fee 19,989.00 74,438.00 94,427.00 Expense 23.78 336.45 360.23 Unit 4,787.33 552.00 5,339.33 Totals 24,800.11 75,326.45 100,126.56 Approved By: 23.78 4,787.33 $24,800.11 $100,126.56 Please direct questions concerning this invoice to Becky Creelman 717.458.9234. Page 2 Billing Backup Tuesday, July 05, 2011 CEDG, Inc. Invoice 20060021 Dated 01/25106 11: 14:33 AM Project 05085 Shindle Manor Subdivision Reimbursable Expenses Mailing and Handling AP 000000002218 01/06/06 Unishippers / Invoice: 1001760715, 23.78 1 / 1 /2006 Total Reimbursables 23.78 23.78 Unit Billing Mailing and Handling 10.61 Plots-24X36 Printing B/W Ridgway's Printing Total Units 489.0 Plots @ 6.00 3,520.80 4,869.0 Copies @ 0.20 1,168.56 87.36 4,787.33 4,787.33 Total this report $4,811.11 Image not found - with the path CEDG, INC. specified within Billing Template Editor 5000 Ritter Road Suite 203 Mechanicsburg, PA 17055 Nick Hodges February 25, 2006 Nick Hodges Project No: 05085 11375 Deerwood Drive Invoice No: 20060076 Mercersburg, PA 17236 United States Project 05085 Shindle Manor Subdivision Fee Percent Previous Current Fee Billing Phase Fee Complete Earned Billing Billing Wetlands Delineation 1,000.00 100.00 1,000.00 1,000.00 0.00 Bog Turtle Habitat 250.00 100.00 250.00 250.00 0.00 Assessment Report Public Water Supply Well 58,030.00 0.00 0.00 0,00 0.00 Traffic Study 15,500.00 0.00 0.00 0.00 0.00 Cover Sheet, Existing 4,790.00 70.00 3,353.00 3,353.00 0.00 Conditions/Demo PI Subdivision and Easement 8,510.00 70.00 5,957.00 5,957.00 0.00 Plan Site Layout Plan 8,350.00 70.00 5,845.00 5,845.00 0.00 Grading Plan 9,390.00 70.00 6,573.00 6,573.00 0.00 Storm Drainage Plan 10,110.00 70.00 7,077.00 7,077.00 0.00 Sanitary Sewer Plan 6,110.00 70.00 4,277.00 4,277.00 0.00 Water Distribution Plan 3,810.00 70.00 2,667.00 2,667.00 0.00 Roadway Plan and Profiles 8,870.00 70.00 6,209.00 6,209.00 0.00 Detail Sheets 6,390.00 70.00 4,473.00 4,473.00 0.00 Wellhouse 26,800.00 0.00 0.00 0.00 0.00 Application for Preliminary 12,160.00 70.00 8,512.00 8,512.00 0.00 Plan Submiss Storm Water Management 13,160.00 70.00 9,212.00 9,212.00 0.00 Plan/Report Erosion/Sediment Control 13,160.00 70.00 9,212.00 9,212.00 0.00 Plan/Report NPDES Permit/Post 12,280.00 70.00 8,596.00 8,596.00 0.00 Construction SW Report Public Water Supply 10,560.00 0.00 0.00 0.00 0.00 H.O.P. 16,020.00 70.00 11,214.00 11,214.00 0.00 Sewer Module 8,460.00 0.00 0.00 0.00 0.00 Please direct questions concerning this invoice to Becky Creelman 717.458.9234 Project 05085 Shindle Manor Subdivision Invoice 20060076 Total Fee 253,710.00 94,427.00 94,427.00 0.00 Total Fee 0.00 Reimbursable Expenses Mailing and Handling Total Reimbursables Unit Billing Mailing and Handling Plots-24X36 Printing B/W Ridgway's Printing Total Units 10.0 Plots @ 6.00 118.0 Copies @ 0.20 Total this Invoice Outstanding Invoices Number Date Balance 20042648 12/23/05 75,326.45 20060021 01/25/06 24,800.11 Total 100,126.56 Total Now Due Billings to Date Current Prior Total Fee 0.00 94,427.00 94,427.00 Expense 128.02 360.23 488.25 Unit 108.41 5,339.33 5,447.74 Totals 236.43 100,126.56 100,362.99 Approved By: 128.02 128.02 128.02 2.09 72.00 28.32 6.00 108.41 108.41 $236.43 $100,362.99 Please direct questions concerning this invoice to Becky Creelman 717.458.9234. Page 2 Billing Backup Wednesday, July 06, 2011 CEDG, Inc. Invoice 20060076 Dated 02/25106 10:53:04 AM Project 05085 Shindle Manor Subdivision Reimbursable Expenses Mailing and Handling AP 000000002311 02/02/06 Federal Express / Invoice: 330549703, 128.02 1/23/2006 Total Reimbursables 128.02 128.02 Unit Billing Mailing and Handling 2.09 Plots-24X36 10.0 Plots @ 6.00 72.00 Printing B/W 118.0 Copies @ 0.20 28.32 Ridgway's Printing 6.00 Total Units 108.41 108.41 Total this report $236.43 Image not found - with the path CEDG, INC. specified within Billing Template Editor 5000 Ritter Road Suite 203 Mechanicsburg, PA 17055 Nick Hodges December 31, 2006 Nick Hodges Project No: 05099 11375 Deerwood Drive Invoice No: 20060783 Mercersburg, PA 17236 United States Project 05099 Deerwood Community Resort Professional Services from December 1. 2006 to December 31. 2{ Fee Percent Previous Current Fee Billing Phase Fee Complete Earned Billing Billing Wetlands Delineation 3,525.00 100.00 3,525.00 3,525.00 0.00 Bog Turtle Habitat 705.00 100.00 705.00 705.00 0.00 Assessment Report Public Water Supply Well 88,200.00 57.00 50,274.00 50,274.00 0.00 Traffic Study 24,000.00 85.00 20,400.00 20,400.00 0.00 Sketch Site Plan 7,700.00 100.00 7,700.00 7,700.00 0.00 Cover Sheet, Existing 5,200.00 100.00 5,200.00 4,940.00 260.00 Conditions/Demo PI Subdivision and Easement 14,080.00 100.00 14,080.00 13,376.00 704.00 Plan Site Layout Plan 11,600.00 100.00 11,600.00 11,020.00 580.00 Grading Plan 12,640.00 100.00 12,640.00 12,008.00 632.00 Storm Drainage Plan 13,360.00 100.00 13,360.00 12,692.00 668.00 Sanitary Sewer Plan 8,920.00 100.00 8,920.00 8,474.00 446.00 Water Distribution Plan 6,800.00 100.00 6,800.00 6,460.00 340.00 Roadway Plan and Profiles 13,920.00 100.00 13,920.00 13,224.00 696.00 Detail Sheets 8,040.00 100.00 8,040.00 7,638.00 402.00 Wellhouse 26,800.00 100.00 26,800.00 25,460.00 1,340.00 Wastewater Treatment 37,400.00 100.00 37,400.00 37,400.00 0.00 Plant Application Preliminary 23,500.00 95.00 22,325.00 22,325.00 0.00 Plan Submission Storm Water Management 18,240.00 95.00 17,328.00 17,328.00 0.00 Plan/Report Erosion/Sediment Control 18,040.00 95.00 17,138.00 17,138.00 0.00 Plan and Report NPDES Permit/Post 15,840.00 95.00 15,048.00 15,048.00 0.00 Construction SW Report Public Water Supply 10,560.00 95.00 10,032,00 10,032.00 0.00 (Wellhouse) Water Quality Management 9,480.00 100.00 9,480.00 9,480.00 0.00 Permitting Please direct questions concerning this invoice to Becky Creelman 717.458.9234 Project 05099 Deerwood Community Resort Invoice 20060783 Total Fee 378,550.00 332,715.00 326,647.00 6,068.00 Total Fee 6,068.00 Reimbursable Expenses Travel Mailing and Handling Telephone Total Reimbursables Unit Billing Mailing and Handling Printing B/W Ridgway's Printing Total Units Outstanding Invoices Number 20060434 20060508 20060657 Total Billings to Date Fee Expense Unit Totals 405.0 Postage @ 0.01 143.0 Copies @ 0.20 Total this Invoice Date Balance 07/31/06 27,111.77 08/31/06 18, 926.55 10/31/06 2,177.17 48,215.49 Total Now Due Current Prior Total 6,068.00 326,432.00 332,500.00 156.28 3,597.83 3,754.11 114.72 2,560.32 2,675.04 6,339.00 332,590.15 338,929.15 Approved By: 137.10 13.78 5.40 156.28 156.28 4.86 34.32 33.24 42.30 114.72 114.72 $6,339.00 $54,554.49 Please direct questions concerning this invoice to Becky Creelman 717.458.9234. Page 2 Billing Backup Wednesday, July 06, 2011 CEDG, Inc. Invoice 20060783 Dated 12/31/06 10:52:19 AM Project 05099 Deerwood Community Resort Reimbursable Expenses Travel EX 000000001315 11/13/06 Stager, Todd / mont twp BOS mtg 45.70 EX 000000001315 11/16/06 Stager, Todd / mont twp Pc mtg 45.70 EX 000000001338 12/04/06 Stager, Todd / BOS mtg 45.70 Mailing and Handling AP 000000003411 12/21/06 Federal Express / Invoice: 857114098, 13.78 12/11/2006 Telephone AP 000000003425 12/21106 Verizon I Invoice: 7176915427, 12110/2006 5.40 Total Reimbursables 156.28 156.28 Unit Billing Mailing and Handling 405.0 Postage @ 0.01 4.86 Printing B/W 143.0 Copies @ 0.20 34.32 Ridgway's Printing 33.24 42.30 Total Units 114.72 114.72 Total this report $271.00 Image not found - with the path CEDG, INC. specified within Billing Template Editor 5000 Ritter Road Suite 203 Mechanicsburg, PA 17055 Nick Hodges January 31, 2007 Nick Hodges Project No: 05099 11375 Deerwood Drive Invoice No: 20070048 Mercersburg, PA 17236 United States Project 05099 Deerwood Community Resort Pin, Fee Percent Previous Current Fee Billing Phase Fee Complete Earned Billing Billing Wetlands Delineation 3,525.00 100.00 3,525.00 3,525.00 0.00 Bog Turtle Habitat 705.00 100.00 705.00 705.00 0.00 Assessment Report Public Water Supply Well 88,200.00 75.00 66,150.00 50,274.00 15,876.00 Traffic Study 24,000.00 95.00 22,800.00 20,400.00 2,400.00 Sketch Site Plan 7,700.00 100.00 7,700.00 7,700.00 0.00 Cover Sheet, Existing 5,200.00 100.00 5,200.00 5,200.00 0.00 Conditions/Demo PI Subdivision and Easement 14,080.00 100.00 14,080.00 14,080.00 0.00 Plan Site Layout Plan 11,600.00 100.00 11,600.00 11,600.00 0.00 Grading Plan 12,640.00 100.00 12,640.00 12,640.00 0.00 Storm Drainage Plan 13,360.00 100.00 13,360.00 13,360.00 0.00 Sanitary Sewer Plan 8,920.00 100.00 8,920.00 8,920.00 0.00 Water Distribution Plan 6,800.00 100.00 6,800.00 6,800.00 0.00 Roadway Plan and Profiles 13,920.00 100.00 13,920.00 13,920.00 0.00 Detail Sheets 8,040.00 100.00 8,040.00 8,040.00 0.00 Weilhouse 26,800.00 100.00 26,800.00 26,800.00 0.00 Wastewater Treatment 37,400.00 100.00 37,400.00 37,400.00 0.00 Plant Application Preliminary 23,500.00 95.00 22,325.00 22,325.00 0.00 Plan Submission Storm Water Management 18,240.00 95.00 17,328.00 17,328.00 0.00 Plan/Report Erosion/Sediment Control 18,040.00 95.00 17,138.00 17,138.00 0.00 Plan and Report NPDES Permit/Post 15,840.00 95.00 15,048.00 15,048.00 0.00 Construction SW Report Public Water Supply 10,560.00 95.00 10,032.00 10,032.00 0.00 (Wellhouse) Water Quality Management 9,480.00 100.00 9,480.00 9,480.00 0.00 Permitting Please direct questions concerning this invoice to Becky Creelman 717.458.9234. Project 05099 Deerwood Community Resort Invoice 20070048 Total Fee 378,550.00 350,991.00 332,715.00 18,276.00 Total Fee 18,276.00 Reimbursable Expenses Travel Printing Telephone Total Reimbursables Unit Billing Printing BAN Printing Color Ridgway's Printing Total Units Outstanding Invoices Number 20060434 20060508 20060657 20060783 Total Billings to Date Fee Expense Unit Totals 211.0 Copies @ 0.20 1.0 Color Copy @ 0.90 Total this Invoice Date Balance 07/31/06 27,111.77 08/31/06 18,926.55 10/31/06 2,177.17 12/31/06 6,339.00 54,554.49 Total Now Due Current Prior Total 18,276.00 332,500.00 350,776.00 216.12 3,754.11 3,970.23 225.72 2,675.04 2,900.76 18,717.84 338,929.15 357,646.99 Approved By: 190.40 23.40 2.32 216.12 216.12 50.64 1.08 174.00 225.72 225.72 $18,717.84 $73,272.33 Please direct questions concerning this invoice to Becky Creelman 717.458.9234. Page 2 Billing Backup Tuesday, July 05, 2011 CEDG, Inc. Invoice 20070048 Dated 01/31/07 12:50:14 PM Project 05099 Deerwood Community Resort Reimbursable Expenses Travel EX 000000001365 01/04/07 Hallett, Michael / To Hagerstown 78.14 EX 000000001371 01/10/07 Hallett, Michael / Refueled the Blazer 48.07 EX 000000001369 01/15/07 Anthony, Bryan 55.44 EX 000000001369 01/15/07 Anthony, Bryan 8.75 Printing EX 000000001372 01/09/07 Lambert, Gregory / well head protection 23.40 recordation Telephone AP 000000003514 01/16/07 Verizon / Invoice: 7176915427, 1110/2007 2.32 Total Reimbursables 216.12 216.12 Unit Billing Printing B/W 211.0 Copies @ 0.20 50.64 Printing Color 1.0 Color Copy @ 0.90 1.08 Ridgway's Printing 174.00 Total Units 225.72 225.72 Total this report $441.84 Image not found - with the path CEDG, INC. specified within Billing Template Editor 5000 Ritter Road Suite 203 Mechanicsburg, PA 17055 Nick Hodges March 29, 2007 Nick Hodges Project No: 05099 11375 Deerwood Drive Invoice No: 20070144 Mercersburg, PA 17236 United States Project 05099 Deerwood Community Resort Professional Services from March 1. 2007 to March 31, 2007 Fee Percent Previous Current Fee Billing Phase Fee Complete Earned Billing Billing Wetlands Delineation 3,525.00 100.00 3,525.00 3,525.00 0.00 Bog Turtle Habitat 705.00 100.00 705.00 705.00 0.00 Assessment Report Public Water Supply Well 88,200.00 75.00 66,150.00 66,150.00 0.00 Traffic Study 24,000.00 95.00 22,800.00 22,800.00 0.00 Sketch Site Plan 7,700.00 100.00 7,700.00 7,700.00 0.00 Cover Sheet, Existing 5,200.00 100.00 5,200.00 5,200.00 0.00 Conditions/Demo PI Subdivision and Easement 14,080.00 100.00 14,080.00 14,080.00 0.00 Plan Site Layout Plan 11,600.00 100.00 11,600.00 11,600.00 0.00 Grading Plan 12,640.00 100.00 12,640.00 12,640.00 0.00 Storm Drainage Plan 13,360.00 100.00 13,360.00 13,360.00 0.00 Sanitary Sewer Plan 8,920.00 100.00 8,920.00 8,920.00 0.00 Water Distribution Plan 6,800.00 100.00 6,800.00 6,800.00 0.00 Roadway Plan and Profiles 13,920.00 100.00 13,920.00 13,920.00 0.00 Detail Sheets 8,040.00 100.00 8,040.00 8,040.00 0.00 Welihouse 26,800.00 100.00 26,800.00 26,800.00 0.00 Wastewater Treatment 37,400.00 100.00 37,400.00 37,400.00 0.00 Plant Application Preliminary 23,500.00 100.00 23,500.00 22,325.00 1,175.00 Plan Submission Storm Water Management 18,240.00 100.00 18,240.00 17,328.00 912.00 Plan/Report Erosion/Sediment Control 18,040.00 100.00 18,040.00 17,138.00 902.00 Plan and Report NPDES Permit/Post 15,840.00 100.00 15,840.00 15,048.00 792.00 Construction SW Report Public Water Supply 10,560.00 100.00 10,560.00 10,032.00 528.00 (Welihouse) Water Quality Management 9,480.00 100.00 9,480.00 9,480.00 0.00 Permitting Please direct questions concerning this invoice to Becky Creelman 717.458.9234. Invoice 20070144 Project 05099 Deerwood Community Resort Total Fee 378,550.00 355,300.00 350,991.00 4,309.00 Total Fee 4,309.00 Reimbursable Expenses Travel Total Reimbursables Unit Billing Mailing and Handling Printing B/W Ridgway's Printing Total Units 1,237.0 Postage @ 0.01 115.0 Copies @ 0.20 2.0 Copies @ 0.20 Total this Invoice Outstanding Invoices Number Date Balance 20060434 07/31/06 27,111.77 20060508 08/31/06 18,926.55 20060657 10/31/06 2,177.17 20060783 12/31/06 6,339.00 20070048 01/31107 18, 717.84 Total 73,272.33 Total Now Due Billings to Date Current Prior Total Fee 4,309.00 350,776.00 355,085.00 Expense 249.91 3,970.23 4,220.14 Unit 826.14 2,900.76 3,726.90 Totals 5,385.05 357,646.99 363,032.04 Approved By: 249.91 249.91 14.84 27.60 0.48 332.40 450.82 826.14 249.91 826.14 $5,385.05 $78,657.38 Please direct questions concerning this invoice to Becky Creeiman 717.458.9234. Page 2 Billing Backup Tuesday, July 05, 2099 CEDG, Inc. Invoice 20070144 Dated 03/29/07 92:50:45 PM Project 05099 Deerwood Community Resort Reimbursable Expenses Travel EX 000000001397 02/07/07 Anthony, Bryan 57.02 EX 000000001405 02/12/07 Anthony, Bryan / Mileage 57.02 EX 000000001424 02/15/07 Stager, Todd / PC mtg 45.29 EX 000000001432 03/05/07 Stager, Todd / bos mtg for waivers 45.29 EX 000000001444 03/15/07 Stager, Todd / PC mtg 45.29 Total Reimbursables 249.91 249.91 Unit Billing Mailing and Handling 1,237.0 Postage @ 0.01 14.84 Printing B/W 115.0 Copies @ 0.20 27.60 2.0 Copies @ 0.20 0.48 Ridgway's Printing 332.40 450.82 Total Units 826.14 826.14 Total this report $1,076.05 image not found - with the path CEDG, INC. specified within Billing Template Editor 5000 Ritter Road Suite 203 Mechanicsburg, PA 17055 Nick Hodges May 31, 2007 Nick Hodges Project No: 05099 11375 Deerwood Drive Invoice No: 20070337 Mercersburg, PA 17236 United States Project 05099 Deerwood Community Resort Professional Services from May 1. 2007 to May 31, 2007 Fee Percent Previous Current Fee Billing Phase Fee Complete Earned Billing Billing Wetlands Delineation 3,525.00 100.00 3,525.00 3,525.00 0.00 Bog Turtle Habitat 705.00 100.00 705.00 705.00 0.00 Assessment Report Public Water Supply Well 88,200.00 75.00 66,150.00 66,150.00 0.00 Traffic Study 24,000.00 95.00 22,800.00 22,800.00 0.00 Sketch Site Plan 7,700.00 100.00 7,700.00 7,700.00 0.00 Cover Sheet, Existing 5,200.00 100.00 5,200.00 5,200.00 0.00 Conditions/Demo PI Subdivision and Easement 14,080.00 100.00 14,080.00 14,080.00 0.00 Plan Site Layout Plan 11,600.00 100.00 11,600.00 11,600.00 0.00 Grading Plan 12,640.00 100.00 12,640.00 12,640.00 0.00 Storm Drainage Plan 13,360.00 100.00 13,360.00 13,360.00 0.00 Sanitary Sewer Plan 8,920.00 100.00 8,920.00 8,920.00 0.00 Water Distribution Plan 6,800.00 100.00 6,800.00 6,800.00 0.00 Roadway Plan and Profiles 13,920.00 100.00 13,920.00 13,920.00 0.00 Detail Sheets 8,040.00 100.00 8,040.00 8,040.00 0.00 Wellhouse 26,800.00 100.00 26,800.00 26,800.00 0.00 Wastewater Treatment 37,400.00 100.00 37,400.00 37,400.00 0.00 Plant Application Preliminary 23,500.00 100.00 23,500.00 23,500.00 0.00 Plan Submission Storm Water Management 18,240.00 100.00 18,240.00 18,240.00 0.00 Plan/Report Erosion/Sediment Control 18,040.00 100.00 18,040.00 18,040.00 0.00 Plan and Report NPDES Permit/Post 15,840.00 100.00 15,840.00 15,840.00 0.00 Construction SW Report Public Water Supply 10,560.00 100.00 10,560.00 10,560.00 0.00 (Wellhouse) Water Quality Management 9,480.00 100.00 9,480.00 9,480.00 0.00 Permitting Please direct questions concerning this invoice to Becky Creelman 717.458.9234 Project 05099 Deerwood Community Resort Invoice 20070337 Total Fee 378,550.00 355,300.00 355,300.00 0.00 Total Fee 0.00 Reimbursable Expenses Travel Mailing and Handling Telephone Total Reimbursables Unit Billing Plots-24X36 Printing B/W 29.0 Plots @ 6.00 2.0 Copies @ 0.20 295.0 Copies @ 0.20 Ridgway's Printing Total Units Total this Invoice Outstanding Invoices Number 20060434 20060508 20060657 20060783 20070048 20070144 Total Billings to Date Fee Expense Unit Totals Date Balance 07/31/06 12,111.77 08/31/06 18, 926.55 10/31/06 2,177.17 12/31/06 6,339.00 01/31/07 18, 717.84 03/29/07 5,385.05 63,657.38 Total Now Due Current Prior Total 0.00 355,085.00 355,085.00 242.14 4,220.14 4,462.28 712.46 3,726.90 4,439.36 954.60 363,032.04 363,986.64 Approved By: 207.75 29.89 4.50 242.14 242.14 208.80 0.48 70.80 285.06 147.32 712.46 712.46 $954.60 $64,611.98 Please direct questions concerning this invoice to Becky Creelman 717.458.9234. Page 2 Billing Backup Tuesday, July 05, 2011 CEDG, Inc. Invoice 20070337 Dated 05/31/07 12:51:15 PM Project 05099 Deerwood Community Resort Reimbursable Expen ses Travel EX 000000001501 03/29/07 Sanders, Daniel / Naussax Hemsley 29.10 EX 000000001501 03/29/07 Sanders, Daniel / Turnpike 0.90 EX 000000001458 04/02/07 Stager, Todd / PC mtg 45.29 EX 000000001459 04/02/07 Anthony, Bryan 77.09 EX 000000001502 05/07/07 Stager, Todd / PC mtg w montgomery twp 45.29 EX 000000001525 05/17/07 Stager, Todd / mtg at dep - water well 10.08 Mailing and Handling AP 000000003883 05/11/07 Unishippers / Invoice: 1003080595, 29.89 5/7/2007 Telephone AP 000000003856 05/03/07 Verizon / Invoice: 7176915427, 4110/2007 4.50 Total Reimbursables 242.14 242.14 Unit Billing Plots-24X36 29.0 Plots @ 6.00 208.80 Printing B/W 2.0 Copies @ 0.20 0.48 295.0 Copies @ 0.20 70.80 Ridgway's Printing 285.06 147.32 Total Units 712.46 712.46 Total this report $954.60 Image not found - with the path CEDG, INC. specified within Billing Template Editor 5000 Ritter Road Suite 203 Mechanicsburg, PA 17055 Nick Hodges July 26, 2007 Nick Hodges Project No: 05099 11375 Deerwood Drive Invoice No: 20070437 Mercersburg, PA 17236 Project 05099 Deerwood Community Resort Fee Percent Previous Current Fee Billing Phase Fee Complete Earned Billing Billing Wetlands Delineation 3,525.00 100.00 3,525.00 3,525.00 0.00 Bog Turtle Habitat 705.00 100.00 705.00 705.00 0.00 Assessment Report Public Water Supply Well 88,200.00 75.00 66,150.00 66,150.00 0.00 Traffic Study 24,000.00 95.00 22,800.00 22,800.00 0.00 Sketch Site Plan 7,700.00 100.00 7,700.00 7,700.00 0.00 Cover Sheet, Existing 5,200.00 100.00 5,200.00 5,200.00 0.00 Conditions/Demo PI Subdivision and Easement 14,080.00 100.00 14,080.00 14,080.00 0.00 Plan Site Layout Plan 11,600.00 100.00 11,600.00 11,600.00 0.00 Grading Plan 12,640.00 100.00 12,640.00 12,640.00 0.00 Storm Drainage Plan 13,360.00 100.00 13,360.00 13,360.00 0.00 Sanitary Sewer Plan 8,920.00 100.00 8,920.00 8,920.00 0.00 Water Distribution Plan 6,800.00 100.00 6,800.00 6,800.00 0.00 Roadway Plan and Profiles 13,920.00 100.00 13,920.00 13,920.00 0.00 Detail Sheets 8,040.00 100.00 8,040.00 8,040.00 0.00 Wellhouse 26,800.00 100.00 26,800.00 26,800.00 0.00 Wastewater Treatment 37,400.00 100.00 37,400.00 37,400.00 0.00 Plant Application Preliminary 23,500.00 100.00 23,500.00 23,500.00 0.00 Plan Submission Storm Water Management 18,240.00 100.00 18,240.00 18,240.00 0.00 Plan/Report Erosion/Sediment Control 18,040.00 100.00 18,040.00 18,040.00 0.00 Plan and Report NPDES Permit/Post 15,840.00 100.00 15,840.00 15,840.00 0.00 Construction SW Report Public Water Supply 10,560.00 100.00 10,560.00 10,560.00 0.00 (Wellhouse) Water Quality Management 9,480.00 100.00 9,480.00 9,480.00 0.00 Permitting Please direct questions concerning this invoice to Becky Creelman 717.458.9234. Project 05099 Deerwood Community Resort Invoice 20070437 Total Fee 378,550.00 355,300.00 355,300.00 0.00 Total Fee 0.00 Reimbursable Expenses Travel Telephone Total Reimbursables Unit Billing Plots-24X36 B/W Printing B/W Printing Color Ridgway's Printing Total Units Outstanding Invoices Number 20060508 20060657 20060783 20070048 20070144 20070337 Total Billings to Date Fee Expense Unit Totals 6.0 Plots @ 1.80 39.0 Copies @ 0.20 59.0 Color Copy @ 0.90 Total this Invoice Date Balance 08/31/06 9,038.32 10/31/06 2,177.17 12/31/06 6,339.00 01 /31 /07 18, 717.84 03/29/07 5,385.05 05/31/07 954.60 42,611.98 Total Now Due Current Prior Total 0.00 355,085.00 355,085.00 49.29 4,462.28 4,511.57 607.21 4,439.36 5,046.57 656.50 363,986.64 364,643.14 Approved By: 48.38 0.91 49.29 49.29 12.96 9.36 63.72 75.95 445.22 607.21 607.21 $656.50 $43,268.48 Please direct questions concerning this invoice to Becky Creelman 717.458.9234. Page 2 Billing Backup Tuesday, July 05, 2011 CEDG, Inc. Invoice 20070437 Dated 07/26/07 12:51:45 PM Project 05099 Deerwood Community Resort Reimbursable Expenses Travel EX 000000001558 07/02/07 Stager, Todd / pc mtg 48.38 Telephone AP 000000004083 07/20/07 Verizon / Invoice: 7176915427, 7/10/2007 0.91 Total Reimbursables 49.29 49.29 Unit Billing Plots-24X36 B/W Printing B/W Printing Color Ridgway's Printing 6.0 Plots @ 1.80 12.96 39.0 Copies @ 0.20 9.36 59.0 Color Copy @ 0.90 63.72 Total Units 75.95 445.22 607.21 607.21 Total this report $656.50 Image not found - with the path CEDG, INC. specified within Billing Template Editor 5000 Ritter Road Suite 203 Mechanicsburg, PA 17055 Nick Hodges September 30, 2007 Nick Hodges Project No: 05099 11375 Deerwood Drive Invoice No: 20070586 Mercersburg, PA 17236 Project 05099 Deerwood Community Resort Professional Services from September 1 2007 to September 30, 2007 Fee Percent Previous Current Fee Billing Phase Fee Complete Earned Billing Billing Wetlands Delineation 3,525.00 100.00 3,525.00 3,525.00 0.00 Bog Turtle Habitat 705.00 100.00 705.00 705.00 0.00 Assessment Report Public Water Supply Well 88,200.00 75.00 66,150.00 66,150.00 0.00 Traffic Study 24,000.00 95.00 22,800.00 22,800.00 0.00 Sketch Site Plan 7,700.00 100.00 7,700.00 7,700.00 0.00 Cover Sheet, Existing 5,200.00 100.00 5,200.00 5,200,00 0.00 Conditions/Demo PI Subdivision and Easement 14,080.00 100.00 14,080.00 14,080.00 0.00 Plan Site Layout Plan 11,600.00 100.00 11,600.00 11,600.00 0.00 Grading Plan 12,640.00 100.00 12,640.00 12,640.00 0.00 Storm Drainage Plan 13,360.00 100.00 13,360.00 13,360.00 0.00 Sanitary Sewer Plan 8,920.00 100.00 8,920.00 8,920.00 0.00 Water Distribution Plan 6,800.00 100.00 6,800.00 6,800.00 0.00 Roadway Plan and Profiles 13,920.00 100.00 13,920.00 13,920.00 0.00 Detail Sheets 8,040.00 100.00 8,040.00 8,040.00 0.00 Wellhouse 26,800.00 100.00 26,800.00 26,800.00 0.00 Wastewater Treatment 37,400.00 100.00 37,400.00 37,400.00 0.00 Plant Application Preliminary 23,500.00 100.00 23,500.00 23,500.00 0.00 Plan Submission Storm Water Management 18,240.00 100.00 18,240.00 18,240.00 0.00 Plan/Report Erosion/Sediment Control 18,040.00 100.00 18,040.00 18,040.00 0.00 Plan and Report NPDES Permit/Post 15,840.00 100.00 15,840.00 15,840.00 0.00 Construction SW Report Public Water Supply 10,560.00 100.00 10,560.00 10,560.00 0.00 (Wellhouse) Water Quality Management 9,480.00 100.00 9,480.00 9,480.00 0.00 Permitting Please direct questions concerning this invoice to Becky Greelman 717.458.9234. Project 05099 Deerwood Community Resort Invoice 20070586 Total Fee 378,550.00 355,300.00 355,300.00 0.00 Total Fee 0.00 Reimbursable Expenses Travel Mailing and Handling Total Reimbursables Unit Billing Printing B/W Ridgway's Printing Total Units 14.0 Copies @ 0.20 Total this Invoice Outstanding Invoices Number 20060657 20060783 20070048 20070144 20070337 20070437 Total Billings to Date Fee Expense Unit Totals Date Balance 10/31/06 2,177.17 12/31/06 6,339.00 01 /31 /07 18, 717.84 03129/07 5,385.05 05/31/07 954.60 07/26/07 656.50 34,230.16 Total Now Due Current Prior Total 0.00 355,085.00 355,085.00 52.23 4,511.57 4,563.80 327.56 5,046.57 5,374.13 379.79 364,643.14 365,022.93 Approved By: 46.63 5.60 52.23 52.23 3.36 183.86 140.34 327.56 327.56 $379.79 $34,609.95 Please direct questions concerning this invoice to Becky Creelman 717.458.9234. Page 2 Billing Backup Tuesday, July 05, 2011 CEDG, Inc. Invoice 20070586 Dated 09/30107 1:00:10 PM Project 05099 Deerwood Community Resort Reimbursable Expenses Travel EX 000000001591 08/06/07 Stager, Todd / montgomery BOS mtg 46.63 Mailing and Handling AP 000000004140 08/03/07 Unishippers / Invoice: 1003296305, 5.60 7/30/2007 Total Reimbursables 52.23 52.23 Unit Billing Printing B/W 14.0 Copies @ 0.20 3.36 Ridgway's Printing 183.86 140.34 Total Units 327.56 327.56 Total this report $379.79 Image not found - with the path CEDG, INC. specified within Billing Template Editor 5000 Ritter Road Suite 203 Mechanicsburg, PA 17055 Nick Hodges October 31, 2007 Nick Hodges Project No: 05099 11375 Deerwood Drive Invoice No: 20070632 Mercersburg, PA 17236 Project 05099 Deerwood Community Resort Fee Percent Previous Current Fee Billing Phase Fee Complete Earned Billing Billing Wetlands Delineation 3,525.00 100.00 3,525.00 3,525.00 0.00 Bog Turtle Habitat 705.00 100.00 705.00 705.00 0.00 Assessment Report Public Water Supply Well 88,200.00 75.00 66,150.00 66,150.00 0.00 Traffic Study 24,000.00 95.00 22,800.00 22,800.00 0.00 Sketch Site Plan 7,700.00 100.00 7,700.00 7,700.00 0.00 Cover Sheet, Existing 5,200.00 100.00 5,200.00 5,200.00 0.00 Conditions/Demo PI Subdivision and Easement 14,080.00 100.00 14,080.00 14,080.00 0.00 Plan Site Layout Plan 11,600.00 100.00 11,600.00 11,600.00 0.00 Grading Plan 12,640.00 100.00 12,640.00 12,640.00 0.00 Storm Drainage Plan 13,360.00 100.00 13,360.00 13,360.00 0.00 Sanitary Sewer Plan 8,920.00 100.00 8,920.00 8,920.00 0.00 Water Distribution Plan 6,800.00 100.00 6,800.00 6,800.00 0.00 Roadway Plan and Profiles 13,920.00 100.00 13,920.00 13,920.00 0.00 Detail Sheets 8,040.00 100.00 8,040.00 8,040.00 0.00 Wellhouse 26,800.00 100.00 26,800.00 26.800.00 0.00 Wastewater Treatment 37,400.00 100.00 37,400.00 37,400.00 0.00 Plant Application Preliminary 23,500.00 100.00 23,500.00 23,500.00 0.00 Plan Submission Storm Water Management 18,240.00 100.00 18,240.00 18,240.00 0.00 Plan/Report Erosion/Sediment Control 18,040.00 100.00 18,040.00 18,040.00 0.00 Plan and Report NPDES Permit/Post 15,840.00 100.00 15,840.00 15,840.00 0.00 Construction SW Report Public Water Supply 10,560.00 100.00 10,560.00 10,560.00 0.00 (Wellhouse) Water Quality Management 9,480.00 100.00 9,480.00 9,480.00 0.00 Permitting Please direct questions concerning this invoice to Becky Creelman 717.458.9234 Project 05099 Deerwood Community Resort Invoice 20070632 Total Fee 378,550.00 355,300.00 355,300.00 0.00 Total Fee 0.00 Unit Billing Printing B/W 564.0 Copies @ 0.20 135.36 Ridgway's Printing 322.61 Total Units 457.97 457.97 Total this Invoice $457.97 Outstanding Invoices Number Date Balance 20060657 10/31/06 2,177.17 20060783 12/31/06 6,339.00 20070048 01 /31 /07 18, 717.84 20070144 03/29/07 5,385.05 20070337 05/31/07 954.60 20070437 07/26107 656.50 20070586 09/30/07 379.79 Total 34,609.95 Total Now Due $35,067.92 Billings to Date Current Prior Total Fee 0.00 355,085.00 355,085.00 Expense 0.00 4,563.80 4,563.80 Unit 457.97 5,374.13 5,832.10 Totals 457.97 365,022.93 365,480.90 Approved By: Please direct questions concerning this invoice to Becky Creelman 717.458.9234. Page 2 Billing Backup Tuesday, July 05, 2011 CEDG, Inc. Invoice 20070632 Dated 10131/07 1:04:47 PM Project 05099 Deerwood Community Resort Unit Billing Printing 131W 564.0 Copies @ 0.20 135.36 Ridgway's Printing 322.61 Total Units 457.97 457.97 Total this report $457.97 Image not found - with the path CEDG, INC. specified within Billing Template Editor 5000 Ritter Road Suite 203 Mechanicsburg, PA 17055 Nick Hodges May 28, 2008 Nick Hodges Project No: 05099 11375 Deerwood Drive Invoice No: 20080227 Mercersburg, PA 17236 Project 05099 Deerwood Community Resort Fee Percent Previous Current Fee Billing Phase Fee Complete Earned Billing Billing Wetlands Delineation 3,525.00 100.00 3,525.00 3,525.00 0.00 Bog Turtle Habitat 705.00 100.00 705.00 705.00 0.00 Assessment Report Public Water Supply Well 88,200.00 75.00 66,150.00 66,150.00 0.00 Traffic Study 24,000.00 95.00 22,800.00 22,800.00 0.00 Sketch Site Plan 7,700.00 100.00 7,700.00 7,700.00 0.00 Cover Sheet, Existing 5,200.00 100.00 5,200.00 5,200.00 0.00 Conditions/Demo PI Subdivision and Easement 14,080.00 100.00 14,080.00 14,080.00 0.00 Plan Site Layout Plan 11,600.00 100.00 11,600.00 11,600.00 0.00 Grading Plan 12,640.00 100.00 12,640.00 12,640.00 0.00 Storm Drainage Plan 13,360.00 100.00 13,360.00 13,360.00 0.00 Sanitary Sewer Plan 8,920.00 100.00 8,920.00 8,920.00 0.00 Water Distribution Plan 6,800.00 100.00 6,800.00 6,800.00 0.00 Roadway Plan and Profiles 13,920.00 100.00 13,920.00 13,920.00 0.00 Detail Sheets 8,040.00 100.00 8,040.00 8,040.00 0.00 Wellhouse 26,800.00 100.00 26,800.00 26,800.00 0.00 Wastewater Treatment 37,400.00 100.00 37,400.00 37,400.00 0.00 Plant Application Preliminary 23,500.00 100.00 23,500.00 23,500.00 0.00 Plan Submission Storm Water Management 18,240.00 100.00 18,240.00 18,240.00 0.00 Plan/Report Erosion/Sediment Control 18,040.00 100.00 18,040.00 18,040.00 0.00 Plan and Report NPDES Permit/Post 15,840.00 100.00 15,840.00 15,840.00 0.00 Construction SW Report Public Water Supply 10,560.00 100.00 10,560.00 10,560.00 0 00 (Wellhouse) . Water Quality Management 9,480.00 100.00 9,480.00 9,480.00 0 00 Permitting . Please direct questions concerning this invoice to Becky Creelman 717.458.9234 Project 05099 Deerwood Community Resort invoice 20080227 Total Fee 378,550.00 355,300.00 355,300.00 0.00 Total Fee 0.00 Reimbursable Expenses Travel Mailing and Handling Total Reimbursables Unit Billing Mailing and Handling Printing BNV Ridgway's Printing Total Units Outstanding Invoices Number 20060783 20070048 20070144 20070337 20070437 20070586 20070632 Total Billings to Date Fee Expense Unit Totals 1,190.0 Postage @ 0.01 28.0 Copies @ 0.20 84.48 25.01 109.49 14.28 6.72 66.17 49.44 52.56 552.06 207.72 11.64 90.30 1,050.89 Total this Invoice Date Balance 12/31/06 6,339.00 01/31/07 18, 717.84 03/29/07 5,385.05 05/31/07 954.60 07/26/07 656.50 09/30/07 379.79 10/31/07 457.97 32,890.75 Total Now Due Current Prior Total 0.00 355,085.00 355,085.00 109.49 4,563.80 4,673.29 1,050.89 5,832.10 6,882.99 1,160.38 365,480.90 366,641.28 109.49 1,050.89 $1,160.38 $34,051.13 Please direct questions concerning this invoice to Becky Creeiman 717.458.9234. Page 2 Project 05099 Deerwood Community Resort Invoice 20080227 Approved By: riease uireci quesnons concerning trns invoice to Becky Creelman 717.458.9234. Page 3 Billing Backup Tuesday, July 05, 2011 CEDG, Inc. Invoice 20080227 Dated 05/28/08 1:05:22 PM Project 05099 Deerwood Community Resort Reimbursable Expenses Travel EX 000000001666 11/08/07 Mantsevich, Alexander / trip to mech.office - 84.48 deerwood manor mee Mailing and Handling AP 000000004747 05/21/08 Unishippers / Invoice: 1004010970, 25.01 5/5/2008 Total Reimbursables 109.49 109.49 Unit Billing Mailing and Handling 1,190.0 Postage @ 0.01 14.28 Printing B/W 28.0 Copies @ 0.20 6.72 Ridgway's Printing 66.17 49.44 52.56 552.06 207.72 11.64 90.30 Total Units 1,050.89 1,050.89 Total this report $1,160.38 Image not found - with the path CEDG, INC. specified within Billing Template Editor 5000 Ritter Road Suite 203 Mechanicsburg, PA 17055 Nick Hodges June 30, 2009 Nick Hodges Project No: 05099 11375 Deerwood Drive Invoice No: 20090235 Mercersburg, PA 17236 Project 05099 Deerwood Community Resort Fee Percent Previous Current Fee Billing Phase Fee Complete Earned Billing Billing Wetlands Delineation 3,525.00 100.00 3,525.00 3,525.00 0.00 Bog Turtle Habitat 705.00 100.00 705.00 705.00 0.00 Assessment Report Public Water Supply Well 88,200.00 75.00 66,150.00 66,150.00 0.00 Traffic Study 24,000.00 95.00 22,800.00 22,800.00 0.00 Sketch Site Plan 7,700.00 100.00 7,700.00 7,700.00 0.00 Cover Sheet, Existing 5,200.00 100.00 5,200.00 5,200.00 0.00 Conditions/Demo PI Subdivision and Easement 14,080.00 100.00 14,080.00 14,080.00 0.00 Plan Site Layout Plan 11,600.00 100.00 11,600.00 11,600.00 0.00 Grading Plan 12,640.00 100.00 12,640.00 12,640.00 0.00 Storm Drainage Plan 13,360.00 100.00 13,360.00 13,360.00 0.00 Sanitary Sewer Plan 8,920.00 100.00 8,920.00 8,920.00 0.00 Water Distribution Plan 6,800.00 100.00 6,800.00 6,800.00 0.00 Roadway Plan and Profiles 13,920.00 100.00 13,920.00 13,920.00 0.00 Detail Sheets 8,040.00 100.00 8,040.00 8,040.00 0.00 Wellhouse 26,800.00 100.00 26,800.00 26,800.00 0.00 Wastewater Treatment 37,400.00 100.00 37,400.00 37,400.00 0.00 Plant Application Preliminary 23,500.00 100.00 23,500.00 23,500.00 0.00 Plan Submission Storm Water Management 18,240.00 100.00 18,240.00 18,240.00 0.00 Plan/Report Erosion/Sediment Control 18,040.00 100.00 18,040.00 18,040.00 0.00 Plan and Report NPDES Permit/Post 15,840.00 100.00 15,840.00 15,840.00 0.00 Construction SW Report Public Water Supply 10,560.00 100.00 10,560.00 10,560,00 0.00 (Wellhouse) Water Quality Management 9,480.00 100.00 9,480.00 9,480.00 0.00 Permitting Please direct questions concerning this invoice to Becky Creelman 717.458.9234. Project 05099 Deerwood Community Resort Invoice 20090235 Total Fee 378,550.00 355,300.00 355,300.00 0.00 Total Fee 0.00 Unit Billing Ridgway's Printing 5.10 Total Units 5.10 5.10 Total this Invoice $5.10 Outstanding Invoices Number Date Balance 20060783 12/31/06 6,339.00 20070048 01 /31 /07 18, 717.84 20070144 03/29/07 5,385.05 20070337 05/31/07 954.60 20070437 07/26/07 656.50 20070586 09/30/07 379.79 20070632 10131/07 457.97 20080227 05/28108 1,160.38 Total 34,051.13 Total Now Due $34,056.23 Billings to Date Current Prior Total Fee 0.00 355,085.00 355,085.00 Expense 0.00 4,673.29 4,673.29 Unit 5.10 6,882.99 6,888.09 Totals 5.10 366,641.28 366,646.38 Approved By: Please direct questions concerning this invoice to Becky Creelman 717.458.9234. Page 2 Billing Backup Tuesday, July 05, 2011 CEDG, Inc. Invoice 20090235 Dated 06/30109 1:05:54 PM Project 05099 Unit Billing Ridgway's Printing Total Units Deerwood Community Resort 5.10 5.10 5.10 Total this report $5.10 Image not found - with the path CEDG, INC. specified within Billing Template Editor 5000 Ritter Road Suite 203 Mechanicsburg, PA 17055 Nick Hodges Nick Hodges 11375 Deerwood Drive Mercersburg, PA 17236 United States Project 05099.01 Deerwood Community Resort - Parcel A Professional Services from January 1 2007 to January 31. 2007 Fee Billing Phase Sketch Site Plan Cover Sheet, Existing Conditions/Demo PI Subdivision and Easement Plan Site Layout Plan Grading Plan Storm Drainage Plan Sanitary Sewer Plan Roadway Plan and Profiles Detail Sheets Application for Preliminary Plans Submis SWM Plan and Report Erosion and Sediment Control Plan/Report NPDES Permit/Post Construciton SW Report Storage Tank Design Water Distribution Total Fee January 31, 2007 Project No: 05099.01 Invoice No: 20070047 Percent Previous Current Fee Fee Complete Earned Billing Billing 3,300.00 75.00 2,475.00 1,650.00 825.00 500.00 0.00 0.00 0.00 0.00 3,610.00 0.00 0.00 0.00 0.00 6,900.00 0.00 0.00 0.00 0.00 8,425.00 0.00 0.00 0.00 0.00 6,900.00 0.00 0.00 0.00 0.00 5,320.00 0.00 0.00 0.00 0.00 8,140.00 0.00 0.00 0.00 0.00 1,800.00 0.00 0.00 0.00 0.00 7,075.00 0.00 0.00 0.00 0.00 5,625.00 0.00 0.00 0.00 0.00 5,625.00 0.00 0.00 0.00 0.00 4,280.00 0.00 0.00 0.00 0.00 5,000.00 0.00 0.00 0.00 0.00 3,500.00 0.00 0.00 0.00 0.00 76,000.00 2,475.00 1,650.00 825.00 Total Fee 825.00 Total this Invoice $825.00 Outstanding Invoices Number 20060507 Date Balance 08/31/06 1,650.00 Please direct questions concerning this invoice to Becky Creelman 717.458.9234. Project 05099.01 Deerwood Community Resort - Parcel A Invoice 20070047 Total 1,650.00 Total Now Due $2,475.00 Billings to Date Current Prior Total Fee 825.00 1,650.00 2,475.00 Totals 825.00 1,650.00 2,475.00 Approved By: Please direct questions concerning this invoice to Becky Creelman 717.458.9234. Page 2 Image not found - with the path CEDG, INC. specified within Billing Template Editor 5000 Ritter Road Suite 203 Mechanicsburg, PA 17055 Nick Hodges Nick Hodges 11375 Deerwood Drive Mercersburg, PA 17236 United States Project 05099.01 Deerwood Community Resort - Parcel A Fee Billing Phase Sketch Site Plan Cover Sheet, Existing Conditions/Demo PI Subdivision and Easement Plan Site Layout Plan Grading Plan Storm Drainage Plan Sanitary Sewer Plan Roadway Plan and Profiles Detail Sheets Application for Preliminary Plans Submis SWM Plan and Report Erosion and Sediment Control Plan/Report NPDES Permit/Post Construciton SW Report Storage Tank Design Water Distribution Total Fee Percent Fee Complete 3,300.00 75.00 500.00 0.00 3,610.00 6,900.00 8,425.00 6,900.00 5,320.00 8,140.00 1,800.00 7,075.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5,625.00 5,625.00 4,280.00 0.00 0.00 0.00 5,000.00 0.00 3,500.00 0.00 76,000.00 Total Fee Reimbursable Expenses Travel 03/15/07 Anthony, Bryan Total Reimbursables Unit Billing Mailing and Handling May 31, 2007 Project No: 05099.01 Invoice No: 20070338 Previous Current Fee Earned Billing Billing 2,475.00 2,475.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 2,475.00 2,475.00 0.00 0.00 77.09 77.09 77.09 Please direct questions concerning this invoice to Becky Creelman 717.458.9234. Project 05099.01 Deerwood Community Resort - Parcel A Invoice 20070338 159.0 Postage @ 0.01 1.91 Plots-24X36 6.0 Plots @ 6.00 43.20 Printing B/W 30.0 Copies @ 0.20 7.20 842.0 Copies @ 0.20 202.08 546.0 Copies @ 0.20 131.04 404.0 Copies @ 0.20 96.96 Total Units 482.39 482.39 Total this Invoice $559.48 Outstanding Invoices Number Date Balance 20060507 08/31/06 1,650.00 20070047 01 /31 /07 825.00 Total 2,475.00 Total Now Due $3,034.48 Billings to Date Fee Expense Unit Totals Current 0.00 77.09 482.39 559.48 Prior 2,475.00 0.00 0.00 2,475.00 Total 2,475.00 77.09 482.39 3,034.48 Approved By: lease direct questions concerning this invoice to Becky Creelman 717.458.9234. Page 2 Billing Backup CEDG, Inc. Invoice 20070338 Dated 05/31107 Tuesday, July 05, 2011 1:07:04 PM Project 05099.01 Deerwood Community Resort - Parcel A Reimbursable Expenses Travel EX 000000001440 03/15/07 Anthony, Bryan 77.09 Total Reimbursables 77.09 77.09 Unit Billing Mailing and Handling 159.0 Postage @ 0.01 1.91 Plots-24X36 6.0 Plots @ 6.00 43.20 Printing B/W 30.0 Copies @ 0.20 7.20 842.0 Copies @ 0.20 202.08 546.0 Copies @ 0.20 131.04 404.0 Copies @ 0.20 96.96 Total Units 482.39 482.39 Total this report $559.48 Image not found - with the path CEDG, INC. specified within Billing Template Editor 5000 Ritter Road Suite 203 Mechanicsburg, PA 17055 Nick Hodges June 30, 2007 Nick Hodges Project No: 05099.01 11375 Deerwood Drive Invoice No: 20070408 Mercersburg, PA 17236 Project 05099.01 Deerwood Community Resort - Parcel A Professional Services from June 1 2007 to June 30 2007 Fee Percent Previous Current Fee Billing Phase Fee Complete Earned Billing Billing Sketch Site Plan 3,300.00 100.00 3,300.00 2,475.00 825.00 Cover Sheet, Existing 500.00 0.00 0.00 0.00 0.00 Conditions/Demo PI Subdivision and Easement 3,610.00 0.00 0.00 0.00 0.00 Plan Site Layout Plan 6,900.00 0.00 0.00 0.00 0.00 Grading Plan 8,425.00 0.00 0.00 0.00 0.00 Storm Drainage Plan 6,900.00 0.00 0.00 0.00 0.00 Sanitary Sewer Plan 5,320.00 0.00 0.00 0.00 0.00 Roadway Plan and Profiles 8,140.00 0.00 0.00 0.00 0.00 Detail Sheets 1,800.00 0.00 0.00 0.00 0.00 Application for Preliminary 7,075.00 0.00 0.00 0.00 0.00 Plans Submis SWM Plan and Report 5,625.00 0.00 0.00 0.00 0.00 Erosion and Sediment 5,625.00 0.00 0.00 0.00 0.00 Control Plan/Report NPDES Permit/Post 4,280.00 0.00 0.00 0.00 0.00 Construciton SW Report Storage Tank Design 5,000.00 0.00 0.00 0.00 0.00 Water Distribution 3,500.00 0.00 0.00 0.00 0.00 Total Fee 76,000.00 3,300.00 2,475.00 825.00 Total Fee 825.00 Total this Invoice $825.00 Outstanding Invoices Number Date Balance 20060507 08/31106 1,650.00 20070047 01/31107 825.00 20070338 05/31/07 559.48 Please direct questions concerning this invoice to Becky Creelman 717.458.9234 Project 05099.01 Deerwood Community Resort - Parcel A Invoice 20070408 Total 3,034.48 Total Now Due $3,859.48 Billings to Date Current Prior Total Fee 825.00 2,475.00 3,300.00 Expense 0.00 77.09 77.09 Unit 0.00 482.39 482.39 Totals 825.00 3,034.48 3,859.48 Approved By: Please direct questions concerning this invoice to Becky Creelman 717.458.9234. Page 2 Image not found - with the path CEDG, INC. specified within Billing Template Editor 5000 Ritter Road Suite 203 Mechanicsburg, PA 17055 Nick Hodges Nick Hodges 11375 Deerwood Drive Mercersburg, PA 17236 Project 05099.01 Deerwood Community Resort - Parcel A Professional Services from July 1. 2007 to July 31, 2007 Fee July 26, 2007 Project No: 05099.01 Invoice No: 20070438 Percent Previous Current Fee Billing Phase Fee Complete Earned Billing Billing Sketch Site Plan 3,300.00 100.00 3,300.00 3,300.00 0.00 Cover Sheet, Existing 500.00 0.00 0.00 0.00 0.00 Conditions/Demo PI Subdivision and Easement 3,610.00 0.00 0.00 0.00 0.00 Plan Site Layout Plan 6,900.00 0.00 0.00 0.00 0.00 Grading Plan 8,425.00 0.00 0.00 0.00 0.00 Storm Drainage Plan 6,900.00 0.00 0.00 0.00 0.00 Sanitary Sewer Plan 5,320.00 0.00 0.00 0.00 0.00 Roadway Plan and Profiles 8,140.00 40.00 3,256.00 0.00 3,256.00 Detail Sheets 1,800.00 0.00 0.00 0.00 0.00 Application for Preliminary 7,075.00 0.00 0.00 0.00 0.00 Plans Submis SWM Plan and Report 5,625.00 0.00 0.00 0.00 0.00 Erosion and Sediment 5,625.00 0.00 0.00 0.00 0.00 Control Plan/Report NPDES Permit/Post 4,280.00 0.00 0.00 0.00 0.00 Construciton SW Report Storage Tank Design 5,000.00 0.00 0.00 0.00 0.00 Water Distribution 3,500.00 0.00 0.00 0.00 0.00 Total Fee 76,000.00 6,556.00 3,300.00 3,256.00 Total Fee 3,256.00 Total this Invoice $3,256.00 Outstanding Invoices Number 20060507 20070047 20070338 Date 08/31/06 01 /31 /07 05/31/07 Balance 1,650.00 825.00 559.48 Please direct questions concerning this invoice to Becky Creelman 717.458.9234. Project 05099.01 Deerwood Community Resort - Parcel A Invoice 20070438 20070408 06/30/07 825.00 Total 3,859.48 Total Now Due $7,115.48 Billings to Date Current Prior Total Fee 3,256.00 3,300.00 6,556.00 Expense 0.00 77.09 77.09 Unit 0.00 482.39 482.39 Totals 3,256.00 3,859.48 7,115.48 Approved By: Please direct questions concerning this invoice to Becky Creelman 717.458.9234. Page 2 Image not found - with the path CEDG, INC. specified within Billing Template Editor 5000 Ritter Road Suite 203 Mechanicsburg, PA 17055 Nick Hodges Nick Hodges 11375 Deerwood Drive Mercersburg, PA 17236 Project 05099.01 Deerwood Community Resort - Parcel A Professional Services from August 1. 2007 to August 31. 2007 Fee Billing Phase Sketch Site Plan Cover Sheet, Existing Conditions/Demo PI Subdivision and Easement Plan Site Layout Plan Grading Plan Storm Drainage Plan Sanitary Sewer Plan Roadway Plan and Profiles Detail Sheets Application for Preliminary Plans Submis SWM Plan and Report Erosion and Sediment Control Plan/Report NPDES Permit/Post Construciton SW Report Storage Tank Design Water Distribution Total Fee Fee 3,300.00 500.00 3,610.00 6,900.00 8,425.00 6,900.00 5,320.00 8,140.00 1,800.00 7,075.00 5,625.00 5,625.00 4,280.00 0.00 August 31, 2007 Project No: 05099.01 Invoice No: 20070528 Previous Current Fee Earned Billing Billing 3,300.00 3,300.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 30.00 2,070.00 0.00 2,070.00 30.00 2,527.50 0.00 2,527.50 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 60.00 4,884.00 3,256.00 1,628.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5,000.00 0.00 3,500.00 0.00 76,000.00 Total Fee Reimbursable Expenses Travel 07/19/07 Stager, Todd montgomery twp PC - waivers Total Reimbursables 0.00 0.00 12,781.50 Total this Invoice Percent Complete 100.00 0.00 46.63 46.63 0.00 0.00 0.00 0.00 6,556.00 6,225.50 6,225.50 46.63 $6,272.13 Please direct questions concerning this invoice to Becky Creefman 717.458.9234. Project 05099.01 Deerwood Community Resort - Parcel A Invoice 20070528 Outstanding Invoices Number Date Balance 20060507 08/31/06 1,650.00 20070047 01/31/07 825.00 20070338 05/31107 559.48 20070408 06/30107 825.00 20070438 07/26107 3,256.00 Total 7,115.48 Total Now Due $13,387.61 Billings to Date Current Prior Total Fee 6,225.50 6,556.00 12,781.50 Expense 46.63 77.09 123.72 Unit 0.00 482.39 482.39 Totals 6,272.13 7,115.48 13,387.61 Approved By: Please direct questions concerning this invoice to Becky Creelman 717.458.9234. Page 2 Billing Backup Tuesday, July 05, 2011 CEDG, Inc. Invoice 20070528 Dated 08/31/07 1:08:26 PM Project 05099.01 Deerwood Community Resort - Parcel A Reimbursable Expenses Travel EX 000000001587 07/19/07 Stager, Todd / montgomery twp PC - 46.63 waivers Total Reimbursables 46.63 46.63 Total this report $46.63 Image not found - with the path CEDG, INC. specified within Billing Template Editor 3000 Ritter Road Suite 203 Mechanicsburg, PA 17055 Nick Hodges September 30, 2007 Nick Hodges Project No: 05099.01 11375 Deerwood Drive Invoice No: 20070585 Mercersburg, PA 17236 Project 05099.01 Deerwood Community Resort - Parcel A Fee Percent Previous Current Fee Billing Phase Fee Complete Earned Billing Billing Sketch Site Plan 3,300.00 100.00 3,300.00 3,300.00 0.00 Cover Sheet, Existing 500.00 10.00 50.00 0.00 50.00 Conditions/Demo PI Subdivision and Easement 3,610.00 0.00 0.00 0.00 0.00 Plan Site Layout Plan 6,900.00 40.00 2,760.00 2,070.00 690.00 Grading Plan 8,425.00 30.00 2,527.50 2,527.50 0.00 Storm Drainage Plan 6,900.00 0.00 0.00 0.00 0.00 Sanitary Sewer Plan 5,320.00 10.00 532.00 0.00 532.00 Roadway Plan and Profiles 8,140.00 60.00 4,884.00 4,884.00 0.00 Detail Sheets 1,800.00 20.00 360.00 0.00 360.00 Application for Preliminary 7,075.00 0.00 0.00 0.00 0.00 Plans Submis SWM Plan and Report 5,625.00 0.00 0.00 0.00 0.00 Erosion and Sediment 5,625.00 0.00 0.00 0.00 0.00 Control Plan/Report NPDES Permit/Post 4,280.00 0.00 0.00 0.00 0.00 Construciton SW Report Storage Tank Design 5,000.00 30.00 1,500.00 0.00 1,500.00 Water Distribution 3,500.00 30.00 1,050.00 0.00 1,050.00 Total Fee 76,000.00 16,963.50 12,781.50 4,182.00 Total Fee 4,182.00 Reimbursable Expenses Travel 09/11/07 Stager, Todd mtg at cleaver's 33.60 Total Reimbursables 33.60 33.60 Unit Billing Plots-24X36 8/W 1.0 Plot @ 1.80 2.16 Please direct questions concerning this invoice to Becky Creeiman 717.458.9234. Project 05099.01 Deerwood Community Resort - Parcel A Invoice 20070585 Total Units 2.16 2.16 Total this Invoice $4,217.76 Outstanding Invoices Number Date Balance 20070047 01 /31 /07 825.00 20070338 05/31/07 559.48 20070408 06/30/07 825.00 20070438 07/26/07 3,256.00 20070528 08/31/07 6,272.13 Total 11,737.61 Billings to Date Current Prior Fee 4,182.00 12,781.50 Expense 33.60 123.72 Unit 2.16 482.39 Totals 4,217.76 13,387.61 Total Now Due $15,955.37 Total 16,963.50 157.32 484.55 17,605.37 Approved By: Please direct questions concerning this invoice to Becky Creelman 717.458.9234. Page 2 Billing Backup Tuesday, July 05, 2011 CEDG, Inc. Invoice 20070585 Dated 09/30/07 1:08:52 PM Project 05099.01 Deerwood Community Resort - Parcel A Reimbursable Expenses Travel EX 000000001619 09/11/07 Stager, Todd/ mtg at cleaver's 33.60 Total Reimbursables 33.60 33.60 Unit Billing Plots-24X36 B/W 1.0 Plot @ 1.80 2.16 Total Units 2.16 2.16 Total this report $35.76 Image not found - with the path CEDG, INC. specified within Billing Template Editor 5000 Ritter Road Suite 203 Mechanicsburg, PA 17055 Nick Hodges Nick Hodges 11375 Deerwood Drive Mercersburg, PA 17236 Project 05099.01 Deerwood Community Resort - Parcel A Professional Services from October 1. 2007 to October 31. 2007 Fee Billing Phase Sketch Site Plan Cover Sheet, Existing Conditions/Demo PI Subdivision and Easement Plan Site Layout Plan Grading Plan Storm Drainage Plan Sanitary Sewer Plan Roadway Plan and Profiles Detail Sheets Application for Preliminary Plans Submis SWM Plan and Report Erosion and Sediment Control Plan/Report NPDES Permit/Post Construciton SW Report Storage Tank Design Water Distribution Total Fee Reimbursable Expenses Mailing and Handling 10/23/07 Unishippers Total Reimbursables October 31, 2007 Project No: 05099.01 Invoice No: 20070629 Percent Previous Current Fee Fee Complete Earned Billing Billing 3,300.00 100.00 3,300.00 3,300.00 0.00 500.00 10.00 50.00 50.00 0.00 3,610.00 10.00 361.00 0.00 361.00 6,900.00 50.00 3,450.00 2,760.00 690.00 8,425.00 35.00 2,948.75 2,527.50 421.25 6,900.00 15.00 1,035.00 0.00 1,035.00 5,320.00 40.00 2,128.00 532.00 1,596.00 8,140.00 60.00 4,884.00 4,884.00 0.00 1,800.00 20.00 360.00 360.00 0.00 7,075.00 25.00 1,768.75 0.00 1,768.75 5,625.00 5.00 281.25 0.00 281.25 5,625.00 5.00 281.25 0.00 281.25 4,280.00 5.00 214.00 0.00 214.00 5,000.00 40.00 2,000.00 1,500.00 500.00 3,500.00 60.00 2,100.00 1,050.00 1,050.00 76,000.00 25,162.00 16,963.50 8,198.50 Total Fee 8,198.50 21.64 21.64 21.64 Total thi s Invoice $8,220.14 Please direct questions concerning this invoice to Becky Creelman 717.458.9234. Project 05099.01 Deerwood Community Resort - Parcel A Invoice 20070629 Outstanding Invoices Number Date Balance 20070047 01/31/07 825.00 20070338 05/31/07 559.48 20070408 06/30/07 825.00 20070438 07/26/07 3,256.00 20070528 08/31/07 6,272.13 20070585 09/30/07 4,217.76 Total 15,955.37 Total Now Due $24,175.51 Billings to Date Current Prior Total Fee 8,198.50 16,963.50 25,162.00 Expense 21.64 157.32 178.96 Unit 0.00 484.55 484.55 Totals 8,220.14 17,605.37 25,825.51 Approved By: Please direct questions concerning this invoice to Becky Creelman 717,458.9234. Page 2 Billing Backup Tuesday, July 05, 2011 CEDG, Inc. Invoice 20070629 Dated 10/31/07 1:09:19 PM Project 05099.01 Deerwood Community Resort - Parcel A Reimbursable Expenses Mailing and Handling AP 000000004348 10/23/07 Unishippers / Invoice: 1003443845, 21.64 9/24/2007 Total Reimbursables 21.64 21.64 Total this report $21.64 Im, je not found - with the path CEDG, INC. specified within Billing Template Editor 5000 Ritter Road Suite 203 Mechanicsburg, PA 17055 Nick Hodges November 30, 2007 Nick Hodges Project No: 05099.01 11375 Deerwood Drive Invoice No: 20070703 Mercersburg, PA 17236 Project 05099.01 Deerwood Community Resort - Parcel A Fee Percent Previous Current Fee Billing Phase Fee Complete Earned Billing Billing Sketch Site Plan 3,300.00 100.00 3,300.00 3,300.00 0.00 Cover Sheet, Existing 500.00 50.00 250.00 50.00 200.00 Conditions/Demo PI Subdivision and Easement 3,610.00 50.00 1,805.00 361.00 1,444.00 Plan Site Layout Plan 6,900.00 60.00 4,140.00 3,450.00 690.00 Grading Plan 8,425.00 60.00 5,055.00 2,948.75 2,106.25 Storm Drainage Plan 6,900.00 40.00 2,760.00 1,035.00 1,725.00 Sanitary Sewer Plan 5,320.00 60.00 3,192.00 2,128.00 1,064.00 Roadway Plan and Profiles 8,140.00 70.00 5,698.00 4,884.00 814.00 Detail Sheets 1,800.00 30.00 540.00 360.00 180.00 Application for Preliminary 7,075.00 40.00 2,830.00 1,768.75 1,061.25 Plans Submis SWM Plan and Report 5,625.00 20.00 1,125.00 281.25 843.75 Erosion and Sediment 5,625.00 20.00 1,125.00 281.25 843.75 Control Plan/Report NPDES Permit/Post 4,280.00 20.00 856.00 214.00 642.00 Construciton SW Report Storage Tank Design 5,000.00 70.00 3,500.00 2,000.00 1,500.00 Water Distribution 3,500.00 80.00 2,800.00 2,100.00 700.00 Total Fee 76,000.00 38,976.00 25,162.00 13,814.00 Total Fee 13,814.00 Reimbursable Expenses Travel 10/24/07 Mantsevich, Alexander trip to Mech. office 84.48 11/07/07 Stager, Todd bos mtg 21.84 Total Reimbursables 106.32 106.32 Total this Invoice $13,920.32 Please direct questions concerning this invoice to Becky Creelman 717.458.9234 Pro} ;t 05099.01 Deerwood Community Resort - Parcel A Invoice 20070703 Outstanding Invoices Number Date Balance 20070047 01 /31 /07 825.00 20070338 05/31/07 559.48 20070408 06130/07 825.00 20070438 07126/07 3,256.00 20070528 08131/07 6,272.13 20070585 09/30107 4,217.76 20070629 10/31/07 8,220.14 Total 24,175.51 Total Now Due Billings to Date Current Prior Total Fee 13,814.00 25,162.00 38,976.00 Expense 106.32 178.96 285.28 Unit 0.00 484.55 484.55 Totals 13,920.32 25,825.51 39,745.83 Approved By: $38,095.83 Please direct questions concerning this invoice to Becky Creelman 717.458.9234. Page 2 Bilking Backup Tuesday, July 05, 2011 CEDG, Inc. Invoice 20070703 Dated 11/30/07 1:09:49 PM Project 05099.01 Deerwood Community Resort - Parcel A Reimbursable Expenses Travel EX 000000001651 10/24/07 Mantsevich, Alexander/ trip to Mech. office EX 000000001668 11/07/07 Stager, Todd / bos mtg Total Reimbursables 84.48 21.84 106.32 106.32 Total this report $106.32 Image not found - with the path CEDG, INC. specified within Billing Template Editor 5000 Ritter Road Suite 203 Mechanicsburg, PA 17055 Nick Hodges February 27, 2008 Nick Hodges Project No: 05099.01 11375 Deerwood Drive Invoice No: 20080070 Mercersburg, PA 17236 Project 05099.01 Deerwood Community Resort - Parcel A Fee Percent Previous Current Fee Billing Phase Fee Complete Earned Billing Billing Sketch Site Plan 3,300.00 100.00 3,300.00 3,300.00 0.00 Cover Sheet, Existing 500.00 50.00 250.00 250.00 0.00 Conditions/Demo PI Subdivision and Easement 3,610.00 50.00 1,805.00 1,805.00 0.00 Plan Site Layout Plan 6,900.00 60.00 4,140.00 4,140.00 0.00 Grading Plan 8,425.00 60.00 5,055.00 5,055.00 0.00 Storm Drainage Plan 6,900.00 40.00 2,760.00 2,760.00 0.00 Sanitary Sewer Plan 5,320.00 60.00 3,192.00 3,192.00 0.00 Roadway Plan and Profiles 8,140.00 70.00 5,698.00 5,698.00 0.00 Detail Sheets 1,800.00 30.00 540.00 540.00 0.00 Application for Preliminary 7,075.00 40.00 2,830.00 2,830.00 0.00 Plans Submis SWM Plan and Report 5,625.00 20.00 1,125.00 1,125.00 0.00 Erosion and Sediment 5,625.00 20.00 1,125.00 1,125.00 0.00 Control Plan/Report NPDES Permit/Post 4,280.00 20.00 856.00 856.00 0.00 Construciton SW Report Storage Tank Design 5,000.00 95.00 4,750.00 3,500.00 1,250.00 Water Distribution 3,500.00 80.00 2,800.00 2,800.00 0.00 Total Fee 76,000.00 40,226.00 38,976.00 1,250.00 Total Fee 1,250.00 Reimbursable Expenses Travel 02/04/08 Stager, Todd mtg at mont twp bos for slope 48.38 waiver Total Reimbursables 48.38 48.38 Total this Invoice $1,298.38 Please direct questions concerning this invoice to Becky Creelman 717.458.9234. Project 05099.01 Deerwood Community Resort - Parcel A Invoice 20080070 Outstanding Invoices Number Date Balance 20070047 01 /31 /07 825.00 20070338 05/31/07 559.48 20070408 06/30/07 825.00 20070438 07/26/07 3,256.00 20070528 08/31/07 6,272.13 20070585 09/30/07 4,217.76 20070629 10/31/07 8,220.14 20070703 11/30/07 13, 920.32 Total 38,095.83 Total Now Due $39,394.21 Billings to Date Current Prior Total Fee 1,250.00 38,976.00 40,226.00 Expense 48.38 285.28 333.66 Unit 0.00 484.55 484.55 Totals 1,298.38 39,745.83 41,044.21 Approved By: Please direct questions concerning this invoice to Becky Creelman 717.458.9234. Page 2 Billing Backup CEDG, Inc. Invoice 20080070 Dated 02/27108 Tuesday, July 05, 2011 1:10:34 PM Project 05099.01 Reimbursable Expenses Travel Deerwood Community Resort - Parcel A EX 000000001741 02/04/08 Stager, Todd / mtg at mont twp bos for slope waiver Total Reimbursables Total this report 48.38 48.38 48.38 $48.38 Image not found - with the path CEDG, INC. specified within Billing Template Editor 5000 Ritter Road Suite 203 Mechanicsburg, PA 17055 Nick Hodges Nick Hodges 11375 Deerwood Drive Mercersburg, PA 17236 Project 05099.01 Deerwood Community Resort - Parcel A Professional Services from May 1.2008 to May 31, 2008 Fee Billing Phase Sketch Site Plan Cover Sheet, Existing Conditions/Demo PI Subdivision and Easement Plan Site Layout Plan Grading Plan Storm Drainage Plan Sanitary Sewer Plan Roadway Plan and Profiles Detail Sheets Application for Preliminary Plans Submis SWM Plan and Report Erosion and Sediment Control Plan/Report NPDES Permit/Post Construciton SW Report Storage Tank Design Water Distribution Total Fee May 28, 2008 Project No: 05099.01 Invoice No: 20080205 Percent Previous Current Fee Fee Complete Earned Billing Billing 3,300.00 100.00 3,300.00 3,300.00 0.00 500.00 75.00 375.00 250.00 125.00 3,610.00 70.00 2,527.00 1,805.00 722.00 6,900.00 80.00 5,520.00 4,140.00 1,380.00 8,425.00 80.00 6,740.00 5,055.00 1,685.00 6,900.00 60.00 4,140.00 2,760.00 1,380.00 5,320.00 80.00 4,256.00 3,192.00 1,064.00 8,140.00 80.00 6,512.00 5,698.00 814.00 1,800.00 60.00 1,080.00 540.00 540.00 7,075.00 40.00 2,830.00 2,830.00 0.00 5,625.00 50.00 2,812.50 1,125.00 1,687.50 5,625.00 20.00 1,125.00 1,125.00 0.00 4,280.00 40.00 1,712.00 856.00 856.00 5,000.00 95.00 4,750.00 4,750.00 0.00 3,500.00 90.00 3,150.00 2,800.00 350.00 76,000.00 50,829.50 40,226.00 10,603.50 Total Fee 10,603.50 Total this Invoice $101603.50 Outstanding Invoices Number 20070047 20070338 20070408 Date 01/31/07 05/31/07 06/30/07 Balance 825.00 559.48 825.00 lease direct questions concerning this invoice to Becky Creelman 717.458.9234. Project 05099.01 Deerwood Community Resort - Parcel A Invoice 20080205 20070438 07/26/07 3,256.00 20070528 08/31/07 6,272.13 20070585 09/30/07 4,217.76 20070629 10/31/07 8,220.14 20070703 11/30/07 13, 920.32 20080070 02/27/08 1,298.38 Total 39,394.21 Total Now Due Billings to Date Current Prior Total Fee 10,603.50 40,226.00 50,829.50 Expense 0.00 333.66 333.66 Unit 0.00 484.55 484.55 Totals 10,603.50 41,044.21 51,647.71 Approved By: $49,997.71 Please direct questions concerning this invoice to Becky Creelman 717.458.9234. Page 2 Image not found - with the path CEDG, INC. specified within Billing Template Editor 5000 Ritter Road Suite 203 Mechanicsburg, PA 17055 Nick Hodges June 25, 2008 Nick Hodges Project No: 05099.01 11375 Deerwood Drive Invoice No: 20080261 Mercersburg, PA 17236 Project 05099.01 Deerwood Community Resort - Parcel A Fee Percent Previous Current Fee Billing Phase Fee Complete Earned Billing Billing Sketch Site Plan 3,300.00 100.00 3,300.00 3,300,00 0.00 Cover Sheet, Existing 500.00 75.00 375.00 375.00 0.00 Conditions/Demo PI Subdivision and Easement 3,610.00 70.00 2,527.00 2,527.00 0.00 Plan Site Layout Plan 6,900.00 80.00 5,520.00 5,520.00 0.00 Grading Plan 8,425.00 80.00 6,740.00 6,740.00 0.00 Storm Drainage Plan 6,900.00 60.00 4,140.00 4,140.00 0.00 Sanitary Sewer Plan 5,320.00 80.00 4,256.00 4,256.00 0.00 Roadway Plan and Profiles 8,140.00 80.00 6,512.00 6,512.00 0.00 Detail Sheets 1,800.00 60.00 1,080.00 1,080.00 0.00 Application for Preliminary 7,075.00 40.00 2,830.00 2,830.00 0.00 Plans Submis SWM Plan and Report 5,625.00 60.00 3,375.00 2,812.50 562.50 Erosion and Sediment 5,625.00 30.00 1,687.50 1,125.00 562.50 Control Plan/Report NPDES Permit/Post 4,280.00 40.00 1,712.00 1,712.00 0.00 Construciton SW Report Storage Tank Design 5,000.00 95.00 4,750.00 4,750.00 0.00 Water Distribution 3,500.00 90.00 3,150.00 3,150.00 0.00 Total Fee 76,000.00 51,954.50 50,829.50 1,125.00 Total Fee 1,125.00 Total this Invoice $1,125.00 Outstanding Invoices Number Date Balance 20070047 01/31/07 825.00 20070338 05/31/07 559.48 20070408 06/30/07 825.00 Please direct questions concerning this invoice to Becky Creelman 717.458.9234 Project 05099.01 Deerwood Community Resort - Parcel A Invoice 20080261 20070438 07/26/07 3,256.00 20070528 08/31/07 6,272.13 20070585 09/30/07 4,217.76 20070629 10/31/07 8,220.14 20070703 11/30/07 13,920.32 20080070 02/27/08 1,298.38 20080205 05/28/08 10,603.50 Total 49,997.71 Total Now Due Billings to Date Current Prior Total Fee 1,125.00 50,829.50 51,954.50 Expense 0.00 333.66 333.66 Unit 0.00 484.55 484.55 Totals 1,125.00 51,647.71 52,772.71 Approved By: $51,122.71 lease airect questions conceming this invoice to Becky Creelman 717.458.9234. Page 2 Image not found - with the path CEDG, INC. specified within Billing Template Editor 5000 Ritter Road Suite 203 Mechanicsburg, PA 17055 Nick Hodges October 31, 2006 Nick Hodges Project No: 05099.02 11375 Deerwood Drive Invoice No: 20060660 Mercersburg, PA 17236 United States Project 05099.02 Deerwood Community Resort - Parcel B & C Fee Percent Previous Current Fee Billing Phase Fee Complete Earned Billing Billing Sketch Site Plan 1,650.00 100.00 1,650.00 1,650.00 0.00 Cover Sheet, Existing 500.00 85.00 425.00 375.00 50.00 Conditions/Demo PI Subdivision and Easement 4,610.00 85.00 3,918.50 2,707.50 1,211.00 Plan Site Layout Plan 5,500.00 85.00 4,675.00 3,375.00 1,300.00 Grading Plan 6,000.00 85.00 5,100.00 3,750.00 1,350.00 Storm Drainage Plan 6,470.00 85.00 5,499.50 3,375.00 2,124.50 Sanitary Sewer Plan 6,320.00 85.00 5,372.00 3,990.00 1,382.00 Roadway Plan and Profiles 8,020.00 85.00 6,817.00 5,265.00 1,552.00 Detail Sheets 1,800.00 85.00 1,530.00 1,350.00 180.00 Application for Preliminary 7,075.00 85.00 6,013.75 5,306.25 707.50 Plan Submiss SWM Plan and Report 5,625.00 85.00 4,781.25 4,218.75 562.50 Erosion and Sediment 5,625.00 85.00 4,781.25 4,218.75 562.50 Control Plan/Report NPDES Permit/Post 4,280.00 85.00 3,638.00 3,210.00 428.00 Construction SW Report Pump Station 1,500.00 95.00 1,425.00 0.00 1,425.00 Offsite Sewer Design 3,500.00 95.00 3,325.00 0.00 3,325.00 Total Fee 68,475.00 58,951.25 42,791.25 16,160.00 Total Fee 16,160.00 Reimbursable Expenses Travel 09/05/06 Lambert, Gregory Supervisors mtg 56 miles C- 6.72 burg to twp a Total Reimburs ables 6.72 6.72 Please direct questions concerning this invoice to Becky Creelman 717.458.9234 Project 05099.02 Deerwood Community Resort - Parcel B & Invoice 20060660 C Total this Invoice Outstanding Invoices Number Date Balance 20060515 08/31/06 42,791.25 Total 42,791.25 Total Now Due Billings to Date Current Prior Total Fee 16,160.00 42,791.25 58,951.25 Expense 6.72 0.00 6.72 Totals 16,166.72 42,791.25 58,957.97 Approved By: $16,166.72 $58,957.97 Please direct questions concerning this invoice to Becky Creelman 717.458.9234. Page 2 Billing Backup CEDG, Inc. Invoice 20060660 Dated 10/31/06 Tuesday, July 05, 2011 1:15:22 PM Project 05099.02 Deerwood Community Resort - Parcel B & C Reimbursable Expenses Travel EX 000000001243 09/05/06 Lambert, Gregory / Supervisors mtg 56 6.72 miles C-burg to twp a Total Reimbursables 6.72 6.72 Total this report $6.72 Image not found - with the path CEDG, INC. specified within Billing Template Editor 5000 Ritter Road Suite 203 Mechanicsburg, PA 17055 Nick Hodges Nick Hodges 11375 Deerwood Drive Mercersburg, PA 17236 United States Project 05099.02 Deerwood Community Resort - Parcel B & C Professional Services from December 1. 2006 to December 31. 2006 Fee Billing Phase Sketch Site Plan Cover Sheet, Existing Conditions/Demo PI Subdivision and Easement Plan Site Layout Plan Grading Plan Storm Drainage Plan Sanitary Sewer Plan Roadway Plan and Profiles Detail Sheets Application for Preliminary Plan Submiss SWM Plan and Report Erosion and Sediment Control Plan/Report NPDES Permit/Post Construction SW Report Pump Station Offsite Sewer Design Total Fee Outstanding Invoices Number 20060515 20060660 Percent Fee Complete 1,650.00 100.00 500.00 95.00 4,610.00 95.00 5,500.00 95.00 6,000.00 95.00 6,470.00 95.00 6,320.00 95.00 8,020.00 95.00 1,800.00 95.00 7,075.00 95.00 5,625.00 5,625.00 4,280.00 1,500.00 3,500.00 68,475.00 Total Fee Date Balance 08131/06 42, 791.25 10/31/06 16,166.72 December 31, 2006 Project No: 05099.02 Invoice No: 20060784 Previous Current Fee Earned Billing Billing 1,650.00 1,650.00 0.00 475.00 425.00 50.00 4,379.50 5,225.00 5,700.00 6,146.50 6,004.00 7,619.00 1,710.00 6,721.25 3,918.50 4,675.00 5,100.00 5,499.50 5,372.00 6,817.00 1,530.00 6,013.75 461.00 550.00 600.00 647.00 632.00 802.00 180.00 707.50 95.00 5,343.75 4,781.25 562.50 95.00 5,343.75 4,781.25 562.50 95.00 4,066.00 3,638.00 428.00 95.00 95.00 1,425.00 3,325.00 65,133.75 Total this Invoice 1,425.00 3,325.00 58,951.25 6,182.50 $6,182.50 0.00 0.00 6,182.50 lease direct questions concerning this invoice to Becky Creelman 717.458.9234. Project 05099.02 Deerwood Community Resort - Parcel B & Invoice 20060784 C Total 58,957.97 Total Now Due $65,140.47 Billings to Date Current Prior Total Fee 6,182.50 58,951.25 65,133.75 Expense 0.00 6.72 6.72 Totals 6,182.50 58,957.97 65,140.47 Approved By: Please direct questions concerning this invoice to Becky Creelman 717.458.9234. Page 2 Image not found - with the path CEDG, INC. specified within Billing Template Editor 5000 Ritter Road Suite 203 Mechanicsburg, PA 17055 Nick Hodges July 26, 2007 Nick Hodges Project No: 05099.02 11375 Deerwood Drive Invoice No: 20070439 Mercersburg, PA 17236 Project 05099.02 Deerwood Community Resort - Parcel B & C Pr2 Fee Percent Previous Current Fee Billing Phase Fee Complete Earned Billing Billing Sketch Site Plan 1,650.00 100.00 1,650.00 1,650.00 0.00 Cover Sheet, Existing 500.00 95.00 475.00 475.00 0.00 Conditions/Demo PI Subdivision and Easement 4,610.00 95.00 4,379.50 4,379.50 0.00 Plan Site Layout Plan 5,500.00 95.00 5,225.00 5,225.00 0.00 Grading Plan 6,000.00 95.00 5,700.00 5,700.00 0.00 Storm Drainage Plan 6,470.00 98.00 6,340.60 6,146.50 194.10 Sanitary Sewer Plan 6,320.00 95.00 6,004.00 6,004.00 0.00 Roadway Plan and Profiles 8,020.00 95.00 7,619.00 7,619.00 0.00 Detail Sheets 1,800.00 95.00 1,710.00 1,710.00 0.00 Application for Preliminary 7,075.00 95.00 6,721.25 6,721.25 0.00 Plan Submiss SWM Plan and Report 5,625.00 98.00 5,512.50 5,343.75 168.75 Erosion and Sediment 5,625.00 98.00 5,512.50 5,343.75 168.75 Control Plan/Report NPDES Permit/Post 4,280.00 98.00 4,194.40 4,066.00 128.40 Construction SW Report Pump Station 1,500.00 95.00 1,425.00 1,425.00 0.00 Offsite Sewer Design 3,500.00 95.00 3,325.00 3,325.00 0.00 Total Fee 68,475.00 65,793.75 65,133.75 660.00 Total Fee 660.00 Reimbursable Expenses Travel 07/03/07 Watts, Nathan Site Meeting w/ FCCD 84.48 Total Reimbursables 84.48 84.48 Unit Billing Mailing and Handling 1,154.0 Postage @ 0.01 13.85 Please direct questions concerning this invoice to Becky Creelman 717.458.9234 Project 05099.02 Deerwood Community Resort - Parcel B & Invoice 20070439 C Total Units 13.85 13.85 Total this Invoice $758.33 Outstanding Invoices Number Date Balance 20060515 08/31/06 42,791.25 20060660 10/31/06 16,166.72 20060784 12/31/06 6,182.50 Total 65,140.47 Total Now Due $65,898.80 Billings to Date Current Prior Total Fee 660.00 65,133.75 65,793.75 Expense 84.48 6.72 91.20 Unit 13.85 0.00 13.85 Totals 758.33 65,140.47 65,898.80 Approved By: Please direct questions concerning this invoice to Becky Creelman 717.458.9234. Page 2 „Billing Backup Tuesday, July 05, 2011 CEDG, Inc. Invoice 20070439 Dated 07/26/07 1:13:18 PM Project 05099.02 Deerwood Community Resort - Parcel B & C Reimbursable Expenses Travel EX 000000001579 07/03/07 Watts, Nathan / Site Meeting w/ FCCD 84.48 Total Reimbursables 84.48 84.48 Unit Billing Mailing and Handling 1,154.0 Postage @ 0.01 13.85 Total Units 13.85 13.85 Total this report $98.33 Image not found - with the path CEDG, INC. specified within Billing Template Editor 5000 Ritter Road Suite 203 Mechanicsburg, PA 17055 Nick Hodges Nick Hodges 11375 Deerwood Drive Mercersburg, PA 17236 Project 05099.02 Deerwood Community Resort - Parcel B & C Professional Services from August 1. 2007 to August 31. 2007 Fee Billing Phase Sketch Site Plan Cover Sheet, Existing Conditions/Demo PI Subdivision and Easement Plan Site Layout Plan Grading Plan Storm Drainage Plan Sanitary Sewer Plan Roadway Plan and Profiles Detail Sheets Application for Preliminary Plan Submiss SWM Plan and Report Erosion and Sediment Control Plan/Report NPDES Permit/Post Construction SW Report Pump Station Offsite Sewer Design Total Fee Reimbursable Expenses Mailing and Handling 08/17/07 Unishippers Total Reimbursables Unit Billing Printing B/W August 31, 2007 Project No: 05099.02 Invoice No: 20070529 Percent Previous Current Fee Fee Complete Earned Billing Billing 1,650.00 100.00 1,650.00 1,650.00 0.00 500.00 95.00 475.00 475.00 0.00 4,610.00 95.00 4,379.50 4,379.50 0.00 5,500.00 95.00 5,225.00 5,225.00 0.00 6,000.00 95.00 5,700.00 5,700.00 0.00 6,470.00 98.00 6,340.60 6,340.60 0.00 6,320.00 95.00 6,004.00 6,004.00 0.00 8,020.00 95.00 7,619.00 7,619.00 0.00 1,800.00 95.00 1,710.00 1,710.00 0.00 7,075.00 95.00 6,721.25 6,721.25 0.00 5,625.00 98.00 5,512.50 5,512.50 0.00 5,625.00 98.00 5,512.50 5,512.50 0.00 4,280.00 98.00 4,194.40 4,194.40 0.00 1,500.00 95.00 3,500.00 95.00 68,475.00 Total Fee 948.0 Copies @ 0.20 1,425.00 1,425.00 0.00 3,325.00 3,325.00 0.00 65,793.75 65,793.75 0.00 0.00 25.69 25.69 227.52 25.69 Please direct questions concerning this invoice to Becky Creelman 717.458.9234. Project 05099.02 Deerwood Community Resort - Parcel B & Invoice 20070529 C Total Units Outstanding Invoices 227.52 Total this Invoice Number Date Balance 20060515 08/31/06 42,791.25 20060660 10/31/06 16,166.72 20060784 12/31/06 6,182.50 20070439 07/26/07 758.33 Total 65,898.80 Total Now Due Billings to Date Current Prior Total Fee 0.00 65,793.75 65,793.75 Expense 25.69 91.20 116.89 Unit 227.52 13.85 241.37 Totals 253.21 65,898.80 66,152.01 Approved By: 227.52 $253.21 $66,152.01 Please direct questions concerning this invoice to Becky Creelman 717.458.9234. Page 2 Image not found - with the path CEDG, INC. specified within Billing Template Editor 5000 Ritter Road Suite 203 Mechanicsburg, PA 17055 Nick Hodges Nick Hodges 11375 Deerwood Drive Mercersburg, PA 17236 Project 05099.05 Deerwood Villas - Final Phase I Professional Services from November 1. 2007 to November 30, 2007 Professional Personnel Hours Rate Lambert, Gregory 2.00 135.00 Totals 2.00 Total Labor Outstanding Invoices Number Date Balance 20070169 03/30/07 845.00 20070241 04/30/07 2,830.00 20070587 09/30/07 482.50 Total 4,157.50 Billings to Date Current Prior Labor 270.00 4,157.50 Totals 270.00 4,157.50 November 30, 2007 Project No: 05099.05 Invoice No: 20070705 Amount 270.00 270.00 270.00 Total this Invoice $270.00 Total Now Due $4,427.50 Total 4,427.50 4,427.50 Approved By: Please direct questions concerning this invoice to Becky Creelman 717.458.9234. Billing Backup Tuesday, July 05, 2011 CEDG, Inc. Invoice 20070705 Dated 11130107 1:17:19 PM Project 05099.05 Deerwood Villas - Final Phase I Professional Personnel Hours Rate Amount LAMBERT 010 - Lambert, 10/29/07 1.00 135.00 135.00 Gregory check status LAMBERT 010 - Lambert, 11/08/07 1.00 135.00 135.00 Gregory resubmit bog turtle response to DEP Totals 2.00 270.00 Total Labor 270.00 Total this report $270.00 Image not found - with the path CEDG, INC. specified within Billing Template Editor 5000 Ritter Road Suite 203 Mechanicsburg, PA 17055 Nick Hodges Nick Hodges 11375 Deerwood Drive Mercersburg, PA 17236 Project 05099.06 Deerwood - Modification to Water Permit Professional Services from February 1. 2008 to February 29. 2008 Professional Personnel Davis, Adam Lambert, Gregory Roe, Steven Stager, Todd Totals Total Labor Hours Rate 90.25 75.00 13.00 135.00 13.00 85.00 4.00 180.00 120.25 February 29, 2008 Project No: 05099.06 Invoice No: 20080095 Amount 6,768.75 1,755.00 1,105.00 720.00 10, 348.75 Billings to Date Labor Totals 10,348.75 Total this Invoice $10,348.75 Current Prior Total Received A/R Balance 10,348.75 0.00 10,348.75 10,348.75 0.00 10,348.75 0.00 10,348.75 Approved By: Please direct questions concerning this invoice to Becky Creelman 717.458.9234. Billing Backup Tuesday, July 05, 2011 CEDG, Inc. Invoice 20080095 Dated 02129/08 1:17:57 PM Project 05099.06 Deerwood - Modification to Water Permit Professional Personnel Hours Rate Amount DAVIS 043 - Davis, Adam 09/13/07 2.00 75.00 150.00 DAVIS 043 - Davis, Adam 09/14/07 8.00 75.00 600.00 DAVIS 043 - Davis, Adam 09/17/07 9.00 75.00 675.00 water cad analysis DAVIS 043 - Davis, Adam 09/18/07 3.00 75.00 225.00 water cad analysis DAVIS 043 - Davis, Adam 09/19/07 9.00 75.00 675.00 water cad analysis DAVIS 043 - Davis, Adam 09/20/07 6.00 75.00 450.00 water cad analysis DAVIS 043 - Davis, Adam 10/03/07 8.00 75.00 600.00 DEP Public water supply application DAVIS 043 - Davis, Adam 10/04/07 9.00 75.00 675.00 DEP Public water supply application DAVIS 043 - Davis, Adam 10/05/07 8.00 75.00 600.00 DEP Public water supply application DAVIS 043 - Davis, Adam 10/26/07 1.00 75.00 75.00 redlines/revisions to plans DAVIS 043 - Davis, Adam 11/06/07 1.00 75.00 75.00 punch list/progress report DAVIS 043 - Davis, Adam 11/08/07 4.00 75.00 300.00 DAVIS 043 - Davis, Adam 11/09/07 1.25 75.00 93.75 DAVIS 043 - Davis, Adam 02/18/08 5.00 75.00 375.00 reviewing water supply appication forms/reports DAVIS 043 - Davis, Adam 02/19/08 8.00 75.00 600.00 revising water supply appli caiton permit, Water CAD analysis DAVIS 043 - Davis, Adam 02/20/08 8.00 75.00 600.00 revising water supply appli caiton permit, Water CAD analysis LAMBERT 010 - Lambert, 09/11/07 2.00 135.00 270.00 Gregory with Adam on H2O LAMBERT 010 - Lambert, 09/14/07 1.00 135.00 135.00 Gregory with Adam on H2O LAMBERT 010 - Lambert, 10/03/07 .50 135.00 67.50 Gregory permitting LAMBERT 010 - Lambert, 10/04107 .50 135.00 67.50 Gregory permitting LAMBERT 010 - Lambert, 10/05/07 1.00 135.00 135.00 Gregory permitting Billing Backup Invoice 20080095 Dated 02/29108 Tuesday, July 05, 2011- 1:17:57 PM LAMBERT 010 - Lambert, 10/08/07 2.00 135.00 270.00 Gregory water permit LAMBERT 010 - Lambert, 10/12/07 2.00 135.00 270.00 Gregory water permit LAMBERT 010 - Lambert, 11/06/07 1.00 135.00 135.00 Gregory water permit LAMBERT 010 - Lambert, 11/06/07 1.00 135.00 135.00 Gregory water permit status LAMBERT 010 - Lambert, 11/09/07 1.00 135.00 135.00 Gregory water permit LAMBERT 010 - Lambert, 11/09/07 1.00 135.00 135.00 Gregory water permit ROE 013 - Roe, Steven 01/24/08 2.00 85.00 170.00 Put set together ROE 013 - Roe, Steven 01/25/08 3.00 85.00 255.00 Put set together ROE 013 - Roe, Steven 01/28/08 3.00 85.00 255.00 Put sheets together for set ROE 013 - Roe, Steven 01/29/08 .50 85.00 42.50 Put sheets together for set ROE 013 - Roe, Steven 01/30/08 4.50 85.00 382.50 Put sheets together for set , Also plotted villa for Todd STAGTO 043 - Stager, Todd 02/22/08 4.00 180.00 720.00 watercad review Totals 120.25 10,348.75 Total Labor 10,348.75 Total this report $10,348.75 Page 2 image not found - with the path CEDG, INC. specified within Billing Template Editor 5000 Ritter Road Suite 203 Mechanicsburg, PA 17055 Nick Hodges Nick Hodges 11375 Deerwood Drive Mercersburg, PA 17236 Project 05099.06 Deerwood - Modification to Water Permit Professional Services from March 1. 2008 to March 31, 2008 Professional Personnel Hours Rate Roe, Steven 20.25 85.00 Stager, Todd 18.00 180.00 Totals 38.25 Total Labor March 26, 2008 Project No: 05099.06 Invoice No: 20080107 Amount 1,721.25 3,240.00 4,961.25 4,961.25 Total this Invoice $4,961.25 Outstanding Invoices Number Date Balance 20080095 02/29/08 10,348.75 Total 10,348.75 Total Now Due $15,310.00 Billings to Date Current Prior Total Received A/R Balance Labor 4,961.25 10,348.75 15,310.00 Totals 4,961.25 10,348.75 15,310.00 0.00 15,310.00 Approved By: Please direct questions concerning this invoice to Becky Creelman 717.458.9234. Billing Backup CEDG, Inc. Invoice 20080107 Dated 03126/08 Tuesday, July 05, 2011 1:18:41 PM Project 05099.06 Deerwood - Modification to Water Permit Professional Personnel Hours Rate Amount ROE 100 - Roe, Steven 02/27/08 5.50 85.00 467.50 Grading and Sanitary sewer ROE 100 - Roe, Steven 02/28/08 5.50 85.00 467.50 Grading and Sanitary sewer ROE 013 - Roe, Steven 03/11/08 5.25 85.00 446.25 Deerwood water revisions ROE 013 - Roe, Steven 03/12/08 4.00 85.00 340.00 Deerwood water revisions STAGTO 087 - Stager, Todd 02/28/08 6.00 180.00 1,080.00 review permit and drawigs STAGTO 087 - Stager, Todd 02/29/08 4.00 180.00 720.00 review permit and drawigs STAGTO 018 - Stager, Todd 03/04/08 2.00 180.00 360.00 water review STAGTO 018 - Stager, Todd 03/05/08 2.00 180.00 360.00 water review STAGTO 018 - Stager, Todd 03/06/08 2.00 180.00 360.00 water review STAGTO 018 - Stager, Todd 03/07/08 2.00 180.00 360.00 water review Totals 38.25 4,961.25 Total Labor 4,961.25 Total this report $4,961.25 Image not found - with the path CEDG, INC. specified within Billing Template Editor 5000 Ritter Road Suite 203 Mechanicsburg, PA 17055 Nick Hodges August 26, 2008 Nick Hodges Project No: 05099.06 11375 Deerwood Drive Invoice No: 20080338 Mercersburg, PA 17236 Project 05099.06 Deerwood - Modification to Water Permit Professional Services from Auau st 1.2008 to Auaust 31. 2008 Professional Personnel Hours Rate Amount Stager, Todd 3.00 180.00 540.00 Totals 3.00 540.00 Total Labor 540.00 Reimbursable Expenses Mailing and Handling 03/28/08 Unishippers 12.36 03/28/08 Unishippers 12.11 Total Reimbursables 24.47 24.47 Total this Invoice $564.47 Outstanding Invoices Number Date Balance 20080095 02/29/08 10,348.75 20080107 03/26/08 4,961.25 Total 15,310.00 Total Now Due $15,874.47 Billings to Date Current Prior Total Received A/R Balance Labor 540.00 15,310.00 15,850.00 Expense 24.47 0.00 24.47 Totals 564.47 15,310.00 15,874.47 0.00 15,874.47 Approved By: Please direct questions concerning this invoice to Becky Creelman 717.458.9234. Billing Backup Tuesday, July 05, 2011 CEDG, Inc. Invoice 20080338 Dated 08/26/08 1:19:11 PM Project 05099.06 Deerwood - Modification to Water Permit Professional Personnel Hours Rate Amount STAGTO 035 - Stager, Todd 08118/08 3.00 180.00 540.00 Meeting w Ed Muzic to go over plans and permit Totals 3.00 540.00 Total Labor 540.00 Reimbursable Expenses Mailing and Handling AP 000000004655 03128/08 Unishippers / Invoice: 1003901097, 12.36 3/24/2008 AP 000000004655 03/28/08 Unishippers / Invoice: 1003901097, 12.11 3/24/2008 Total Reimbursables 24.47 24.47 Total this report $564.47 Image not found - with the path CEDG, INC. specified within Billing Template Editor 5000 Ritter Road Suite 203 Mechanicsburg, PA 17055 Nick Hodges July 27, 2009 Nick Hodges Project No: 05099.06 11375 Deerwood Drive Invoice No: 20090273 Mercersburg, PA 17236 Project 05099.06 l Services from July 1 f i P Deerwood - Modification to 2009 to July 31, 2009 Water Permit . ona ess ro Professional Personnel Hours Rate Amount Christie, Margaret .25 55.00 13.75 Conway, Mark 14.00 85.00 1,190.00 Davis, Adam 11.75 95.00 1,116.25 Stager, Todd 1.00 180.00 180.00 Totals 27.00 2,500.00 Total Labor 2,500.00 Unit Billing Ridgway's Printing 1.32 Total Units 1.32 1.32 Total this Invoice $2,501.32 Outstanding Invoices Number Date Balance 20080095 02/29/08 10,348.75 20080107 03/26/08 4,961.25 20080338 08/26/08 564.47 Total 15,874.47 Billings to Date Current Prior Labor 2,500.00 15,850.00 Expense 0.00 24.47 Unit 1.32 0.00 Totals 2,501.32 15,874.47 Approved By: Total Now Due $18,375.79 Total Received A/R Balance 18,350.00 24.47 1.32 18,375.79 0.00 18,375.79 Please direct questions concerning this invoice to Becky Creeiman 717.458.9234. Billing Backup Tuesday, July 05, 2011 CEDG, Inc. Invoice 20090273 Dated 07127/09 1:19:37 PM Project 05099.06 Deerwood - Modification to Water Permit Professional Personnel Hours CHRISTIE 101 -Christie, 06/29/09 .25 Margaret CONWAY 013 - Conway, Mark 07/01/09 .50 Prepare Access Road Grading CONWAY 013 - Conway, Mark 07/02/09 5.00 Prepare Access Road Grading CONWAY 013 - Conway, Mark 07/06/09 3.00 Prepare Tank Access Road Modifications CONWAY 013 - Conway, Mark 07/08/09 1.00 Prepare Tank Access Road Modifications CONWAY 013 - Conway, Mark 07/09/09 2.00 Prepare Waterline Modifications CONWAY 035 - Conway, Mark 07/13/09 2.50 Update Waterline Plans DAVIS 043 - Davis, Adam 06/29/09 2.50 respond to DEP comments DAVIS 043 - Davis, Adam 07/01/09 4.25 water revisions DAVIS 043 - Davis, Adam 07102/09 1.00 water modifications DAVIS 043 - Davis, Adam 07/10/09 2.00 review water supply plans DAVIS 043 - Davis, Adam 07/13/09 1.00 review revisions DAVIS 043 - Davis, Adam 07/14/09 1.00 plan review STAGTO 018 - Stager, Todd 07/16/09 1.00 response reiew, turbidimeter, actuating valve Totals 27.00 Total Labor Rate Amount 55.00 13.75 85.00 42.50 85.00 425.00 85.00 255.00 85.00 85.00 85.00 170.00 85.00 212.50 95.00 237.50 95.00 403.75 95.00 95.00 95.00 190.00 95.00 95.00 95.00 95.00 180.00 180.00 2,500.00 2,500.00 Unit Billing Ridgway's Printing Total Units 1.32 1.32 1.32 Total this report $2,501.32 Image not found - with the path CEDG, INC. specified within Billing Template Editor 5000 Ritter Road Suite 203 Mechanicsburg, PA 17055 Nick Hodges March 26, 2008 Nick Hodges Project No: 05099.07 11375 Deerwood Drive Invoice No: 20080108 Mercersburg, PA 17236 Project 05099.07 Professional Services from March Deerwood Community-Waivers 2008 t M 1 h 31 2008 Professional Personnel o . arc , Hours Rate Amount Lambert, Gregory 68.00 135.00 9,180.00 Mantsevich, Alexander 5.00 85.00 425.00 Stager, Todd 36.00 180.00 6,480.00 Totals 109.00 16,085.00 Total Labor 16,085.00 Unit Billing Printing B/W 980.0 Copies @ 0.20 235.20 Total Units 235.20 235.20 Total this Invoice $16,320.20 Billings to Date Current Prior Total Received A/R Balance Labor 16,085.00 0.00 16,085.00 Unit 235.20 0.00 235.20 Totals 16,320.20 0.00 16,320.20 0.00 16,320.20 Approved By: FIiease direct questions concerning this invoice to Becky Creelman 717.458.9234. Billing Backup Tuesday, July 05, 2011 CEDG, Inc. Invoice 20080108 Dated 03/26108 1:20:08 PM Project 05099.07 Deerwood Community-Waivers Professional Personnel Hours Rate Amount LAMBERT 010 - Lambert, 07/02/07 2.00 135.00 270.00 Gregory supervisors mtg LAMBERT 010 - Lambert, 07/02/07 4.00 135.00 540.00 Gregory Supervisors mtg LAMBERT 010 - Lambert, 07/13/07 1.00 135.00 135.00 Gregory waiver LAMBERT 010 - Lambert, 07/17/07 3.00 135.00 405.00 Gregory waiver requests LAMBERT 010 - Lambert, 07/17/07 3.00 135.00 405.00 Gregory waiver requests LAMBERT 010 - Lambert, 07/18/07 2.00 135.00 270.00 Gregory waiver requests mtg with Scott L LAMBERT 010 - Lambert, 07/18/07 2.00 135.00 270.00 Gregory waiver requests meeting with Scott L LAMBERT 010 - Lambert, 07/19/07 2.00 135.00 270.00 Gregory PC mtg for waivers LAMBERT 010 - Lambert, 07/19/07 2.00 135.00 270.00 Gregory PC mtg for waivers LAMBERT 010 - Lambert, 07/24/07 1.50 135.00 202.50 Gregory meeting with Debbie Nisser and Mary Anne LAMBERT 010 - Lambert, 07/25/07 1.00 135.00 135.00 Gregory waiver requests LAMBERT 010 - Lambert, 07/25/07 1.00 135.00 135.00 Gregory waiver requests LAMBERT 010 - Lambert, 08/03107 2.00 135.00 270.00 Gregory Waive and talk to Nick and Todd LAMBERT 010 - Lambert, 08/03/07 1.00 135.00 135.00 Gregory waiver LAMBERT 010 - Lambert, 09/10/07 2.00 135.00 270.00 Gregory reviewing waiver requests and mtg at Dave Clevers LAMBERT 010 - Lambert, 09/10/07 2.00 135.00 270.00 Gregory reivewing waiver requests and mtg at Dave Clevers Billing Backup Invoice 20080108 Dated 03/26/08 Tuesday, July 05, 2011- 1:20:08 PM LAMBERT 010 - Lambert, 09/11/07 2.00 135.00 270.00 Gregory reivewing waiver requests and mtg at Dave Clevers LAMBERT 010 - Lambert, 09/11/07 2.00 135.00 270.00 Gregory reviewing waiver requests and mtg at Dave Clevers LAMBERT 010 - Lambert, 09/25/07 2.00 135.00 270.00 Gregory preparing exhibits LAMBERT 010 - Lambert, 09/26/07 2.00 135.00 270.00 Gregory mtg super and fire chief LAMBERT 010 - Lambert, 09/26/07 2.00 135.00 270.00 Gregory meeting super and fire chief LAMBERT 010 - Lambert, 10/01/07 1.00 135.00 135.00 Gregory working on exhibits LAMBERT 010 - Lambert, 10/03/07 1.50 135.00 202.50 Gregory working on exhibits LAMBERT 010 - Lambert, 10/04/07 2.00 135.00 270.00 Gregory meeting with Dusty LAMBERT 010 - Lambert, 10/04/07 2.00 135.00 270.00 Gregory meeting with Dusty LAMBERT 010 - Lambert, 10/05/07 1.00 135.00 135.00 Gregory discussed with Nick LAMBERT 010 - Lambert, 10/09/07 3.00 135.00 405.00 Gregory exhibits for waiver requests LAMBERT 010 - Lambert, 10109/07 3.00 135.00 405.00 Gregory exhibits for waiver requests LAMBERT 010 - Lambert, 10/10/07 3.00 135.00 405.00 Gregory meeting and getting exhibits together LAMBERT 010 - Lambert, 10/10107 3.00 135.00 405.00 Gregory meeting/getting exhibits together LAMBERT 010 - Lambert, 11/07/07 3.00 135.00 405.00 Gregory Supervisors mtg for waivers LAMBERT 010 - Lambert, 11/07/07 3.00 135.00 405.00 Gregory supervisors meeting for waivers LAMBERT 010 - Lambert, 11/09/07 1.00 135.00 135.00 Gregory looking at lot layout for water MANTSEV1013 - Mantsevich, 10/03/07 5.00 85.00 425.00 Alexander Prepare drawings for Gregs mtg Page 2 Billing Backup Invoice 20080108 Dated 03/26/08 Tuesday, July 05, 2011- 1:20:08 PM STAGTO 035 - Stager, Todd 07/02/07 4.00 180.00 720.00 BOS mtg for waivers STAGTO 035 - Stager, Todd 07/19107 3.00 180.00 540.00 pc meeting for waiers for B and A STAGTO 035 - Stager, Todd 08/06/07 4.00 180.00 720.00 BOS meeting STAGTO 018 - Stager, Todd 09/11/07 5.00 180.00 900.00 waivers mtg at clevers STAGTO 059 - Stager, Todd 09/24/07 1.00 180.00 180.00 deforest caic, site plan, strategy STAGTO 059 - Stager, Todd 09/25/07 3.00 180.00 540.00 deforest calc, site plan, strategy STAGTO 059 - Stager, Todd 09/26/07 5.00 180.00 900.00 mtg w BOS waivers STAGTO 035 - Stager, Todd 11/07/07 8.00 180.00 1,440.00 waivers mtg-bld height denied STAGTO 035 - Stager, Todd 01/07/08 3.00 180.00 540.00 BOS meeting for extension and road slope waiver Totals 109.00 16,085.00 Total Labor Unit Billing Printing B/W 16,085.00 980.0 Copies @ 0.20 235.20 Total Units 235.20 235.20 Total this report $16,320.20 Page 3 Image not found - with the path CEDG, INC. specified within Billing Template Editor 5000 Ritter Road Suite 203 Mechanicsburg, PA 17055 Nick Hodges Nick Hodges 11375 Deerwood Drive Mercersburg, PA 17236 Project 05099.07 P f i l S i f 1 M Deerwood Community-Waivers 2008 t M ro ess ona ces rom ay . erv o ay 31, 2008 Professional Personnel Hours Rate Roe, Steven 7.00 85.00 Stager, Todd 3.00 180.00 Totals 10.00 Total Labor Unit Billing Printing Color 148.0 Color Copy @ 0.90 Total Units May 28, 2008 Project No: 05099.07 Invoice No: 20080228 Amount 595.00 540.00 1,135.00 1,135.00 159.84 159.84 159.84 $1,294.84 Total this Invoice Outstanding Invoices Number Date Balance 20080108 03/26/08 16,320.20 Total 16,320.20 Total Now Due $17,615.04 Billings to Date Current Prior Total Received A/R Balance Labor 1,135.00 16,085.00 17,220.00 Unit 159.84 235.20 395.04 Totals 1,294.84 16,320.20 17,615.04 0.00 17,615.04 Approved By: Please direct questions concerning this invoice to Becky Creelman 717.458.9234. Billing Backup Tuesday, July 05, 2011 CEDG, Inc. Invoice 20080228 Dated 05/28/08 1:20:35 PM Project 05099.07 Deerwood Community-Waivers Professio nal Personnel Hours ROE 013 - Roe, Steven 04/30/08 1.00 Plotted of Adam and Todd ROE 013 - Roe, Steven 05/01/08 3.50 Waiver plan ROE 013 - Roe, Steven 05/02/08 1.50 Revisions to waiver plan ROE 100 - Roe, Steven 05/14/08 .50 Got Adam all roadway crossections ROE 100 - Roe, Steven 05/20/08 .50 detail walk STAGTO 010 - Stager, Todd 05/20/08 1.00 getting mtg minutes and compiling conditions STAGTO 010 - Stager, Todd 05/21/08 1.00 getting mtg minutes and compiling conditions STAGTO 010 - Stager, Todd 05/23/08 1.00 coorespondance to kirit and mary ann Totals 10.00 Total Labor Unit Billing Printing Color Total Units 148.0 Color Copy @ 0.90 Rate 85.00 85.00 85.00 85.00 85.00 180.00 180.00 180.00 Total this report Amount 85.00 297.50 127.50 42.50 42.50 180.00 180.00 180.00 1,135.00 1,135.00 159.84 159.84 159.84 $1,294.84 Image not found - with the path CEDG, INC. specified within Billing Template Editor 5000 Ritter Road Suite 203 Mechanicsburg, PA 17055 Nick Hodges Nick Hodges 11375 Deerwood Drive Mercersburg, PA 17236 Project 05099.07 Professional Services from J ne 1 Deerwood Community-Waivers J 2008 t 30 2008 u Professional Personnel o une . , Hours Rate Roe, Steven .50 85.00 Stager, Todd 6.00 180.00 Totals 6.50 Total Labor June 25, 2008 Project No: 05099.07 Invoice No: 20080260 Amount 42.50 1,080.00 1,122.50 1,122.50 Total this Invoice $1,122.50 Outstanding Invoices Number Date Balance 20080108 03/26/08 16,320.20 20080228 05/28/08 1,294.84 Total 17,615.04 Total Now Due $18,737.54 Billings to Date Current Prior Total Received AIR Balance Labor 1,122.50 17,220.00 18,342.50 Unit 0.00 395.04 395.04 Totals 1,122.50 17,615.04 18,737.54 0.00 18,737.54 Approved By: Please direct questions concerning this invoice to Becky Creelman 717.458.9234. Billing Backup CEDG, Inc. Invoice 20080260 Dated 06/25108 Tuesday, July 05, 2011 1:20:59 PM Project 05099.07 Deerwood Community-Waivers Professional Personnel Hours Rate Amount ROE 100 - Roe, Steven 05/29/08 .50 85.00 42.50 Walkway detail STAGTO 023 - Stager, Todd 05/27/08 1.00 180.00 180.00 correspondance w kirit and mary ann STAGTO 023 - Stager, Todd 05/29/08 1.00 180.00 180.00 sidewalk detail STAGTO 035 - Stager, Todd 06/02/08 4.00 180.00 720.00 BOs meeting for sidewalks and front setback Totals 6.50 1,122.50 Total Labor 1,122.50 Total this report $1,122.50 Image not found - with the path CEDG, INC. specified within Billing Template Editor 5000 Ritter Road Suite 203 Mechanicsburg, PA 17055 Nick Hodges Nick Hodges 11375 Deerwood Drive Mercersburg, PA 17236 Project 05099.07 Deerwood Community-Waivers Professional Services from Auaust 1.2008 to August 31, 2008 Professional Personnel Hours Rate Stager, Todd 1.00 180.00 Totals 1.00 Total Labor August 26, 2008 Project No: 05099.07 Invoice No: 20080337 Amount 180.00 180.00 180.00 Total this Invoice $180.00 Outstanding Invoices Number 20080108 20080228 20080260 Total Billings to Date Labor Unit Totals Approved By: Date Balance .03/26/08 16,320.20 05/28/08 1,294.84 06/25/08 1,122.50 18,737.54 Total Now Due $18,917.54 Current Prior Total Received A/R Balance 180.00 18,342.50 18,522.50 0.00 395.04 395.04 180.00 18,737.54 18,917.54 0.00 18,917.54 Please direct questions concerning this invoice to Becky Creelman 717.458.9234. Billing Backup Tuesday, July 05, 2011 CEDG, Inc. Invoice 20080337 Dated 08/26/08 1:21:23 PM Project 05099.07 Professional Personnel STAGTO 038 - Stager, Todd setback sketch Totals Deerwood Community-Waivers Hours 07/29/08 1.00 1.00 Rate Amount 180.00 180.00 180.00 Total Labor 180.00 Total this report $180.00 Image not found - with the path CEDG, INC. specified within Billing Template Editor 5000 Ritter Road Suite 203 Mechanicsburg, PA 17055 Nick Hodges Nick Hodges 11375 Deerwood Drive Mercersburg, PA 17236 Project 05099.08 Deerwood Manor SWM Infiltration Testing Professional Services from February 1. 2008 to February 29. 008 Professional Personnel Davis, Matthew Dutrey, Michael Watts, Nathan Billings to Date Labor Totals Totals Total Labor February 29, 2008 Project No: 05099.08 Invoice No: 20080100 Hours Rate Amount 29.50 65.00 1,917.50 13.00 65.00 845.00 23.00 95.00 2,185.00 65.50 4,947.50 4,947.50 Total this Invoice $4,947.50 Current Prior Total Received A/R Balance 4,947.50 0.00 4,947.50 4,947.50 0.00 4,947.50 0.00 4,947.50 Approved By: Please direct questions concerning this invoice to Becky Creelman 717.458.9234. Billing Backup Tuesday, July 05, 2011 CEDG, Inc. Invoice 20080100 Dated 02/29/08 1:21:59 PM Project 05099.08 Deerwood Manor SWM Infiltration Testing Professional Personnel Hours Rate Amount DAVISMAT012 - Davis, 08/13/07 2.50 65.00 162.50 Matthew DAVISMAT012 - Davis, 08/14/07 2.00 65.00 130.00 Matthew DAVISMAT012 - Davis, 08/15/07 4.00 65.00 260.00 Matthew DAVISMAT012 - Davis, 08/16/07 9.50 65.00 617.50 Matthew DAVISMAT141 - Davis, 08121/07 5.50 65.00 357.50 Matthew DAVISMAT141 - Davis, 08/22/07 2.00 65.00 130.00 Matthew DAVISMAT047 - Davis, 10/03/07 4.00 65.00 260.00 Matthew DUTREY 002 - Dutrey, 08/08/07 1.00 65.00 65.00 Michael DUTREY 002 - Dutrey, 08/09/07 2.00 65.00 130.00 Michael DUTREY 002 - Dutrey, 08/10/07 9.00 65.00 585.00 Michael DUTREY 017 - Dutrey, 08/20/07 1.00 65.00 65.00 Michael WATTS 030 - Watts, Nathan 08/08/07 4.00 95.00 380.00 WATTS 030 - Watts, Nathan 08/09/07 2.00 95.00 190.00 WATTS 048 - Watts, Nathan 09/05/07 1.25 95.00 118.75 WATTS 035 - Watts, Nathan 09/06/07 .75 95.00 71.25 WATTS 048 - Watts, Nathan 09/07/07 8.00 95.00 760.00 WATTS 045 - Watts, Nathan 09/24/07 2.50 95.00 237.50 WATTS 045 - Watts, Nathan 09/26107 1.50 95.00 142.50 WATTS 045 - Watts, Nathan 09/27/07 1.50 95.00 142.50 WATTS 045 - Watts, Nathan 09/28/07 1.50 95.00 142.50 Totals 65.50 4,947.50 Total Labor 4,947.50 Total this report $4,947.50 Image not found - with the path CEDG, INC. specified within Billing Template Editor 5000 Ritter Road Suite 203 Mechanicsburg, PA 17055 Nick Hodges April 30, 2008 Nick Hodges Project No: 05099.09 11375 Deerwood Drive Invoice No: 20080202 Mercersburg, PA 17236 Project 05099.09 Deerwood Villas - Manor extra SWM for 6 Basins Professional Services from April 1. 2008 to April 30, 2008 Professional Personnel Hours Rate Amount Watts, Nathan 53.50 95.00 5,082.50 Totals 53.50 5,082.50 Total Labor 5,082.50 Total this Invoice $5,082.50 Billings to Date Current Prior Total Received AIR Balance Labor 5,082.50 0.00 5,082.50 Totals 5,082.50 0.00 5,082.50 0.00 5,082.50 Approved By: Please direct questions concerning this invoice to Becky Creelman 717.458.9234. Billing Backup Tuesday, July 05, 2011 CEDG, Inc. Invoice 20080202 Dated 04/30/08 1:22:33 PM Project 05099.09 Deerwood Villas - Manor ext ra SWM for 6 Basins Professional Personnel Hours Rate Amount WATTS 048 - Watts, Nathan 10/01/07 3.50 95.00 332.50 NPDES Worksheet WATTS 048 - Watts, Nathan 10/04/07 1.50 95.00 142.50 Report Revisions WATTS 010 - Watts, Nathan 01/31/08 2.50 95.00 237.50 Twp Comments WATTS 035 - Watts, Nathan 01/31/08 1.50 95.00 142.50 Meeting on Comment Response to Twp WATTS 010 - Watts, Nathan 02/01/08 6.50 95.00 617.50 Twp Comments WATTS 045 - Watts, Nathan 02/04/08 7.00 95.00 665.00 SW COMMENTS WATTS 045 - Watts, Nathan 02/05/08 7.00 95.00 665.00 SW COMMENTS WATTS 045 - Watts, Nathan 02/06/08 9.00 95.00 855.00 SW COMMENTS WATTS 045 - Watts, Nathan 02/07/08 9.00 95.00 855.00 SW COMMENTS WATTS 045 - Watts, Nathan 02/08/08 6.00 95.00 570.00 SW COMMENTS Totals 53.50 5,082.50 Total Labor 5,082.50 Total this report $5,082.50 Image not found - with the path CEDG, INC. specified within Billing Template Editor 5000 Ritter Road Suite 203 Mechanicsburg, PA 17055 Nick Hodges Nick Hodges 11375 Deerwood Drive Mercersburg, PA 17236 Project 05099.13 Deerwood Villas - Pump Station Professional Services from March 1 2008 to March 31, 2008 Fee Total Fee 5,000.00 Percent Complete 100.00 Total Earned Previous Fee Billing Current Fee Billing Total Fee March 28, 2008 Project No: 05099.13 Invoice No: 20080156 5,000.00 0.00 5,000.00 5,000.00 Total this Invoice $5,000.00 Billings to Date Current Prior Total Received A/R Balance Fee 5,000.00 0.00 5,000.00 Totals 5,000.00 0.00 5,000.00 0.00 5,000.00 Approved By: Please direct questions concerning this invoice to Becky Creelman 717.458.9234. Image not found - with the path CEDG, INC. specified within Billing Template Editor 5000 Ritter Road Suite 203 Mechanicsburg, PA 17055 Nick Hodges Nick Hodges 11375 Deetwood Drive Mercersburg, PA 17236 Project 05099.14 Deerwood Villas - Stream Crossing Professional Services from March 1. 2008 to March 31, 2008 Professional Personnel March 28, 2008 Project No: 05099.14 Invoice No: 20080155 Hours Rate Amount Marino, James 37.00 95.00 3,515.00 Totals 37.00 3,515.00 Total Labor 3,515.00 Total this Invoice $3,515.00 Billings to Date Current Prior Total Received AIR Balance Labor 3,515.00 0.00 3,515.00 Totals 3,515.00 0.00 3,515.00 0.00 3,515.00 Approved By: Please direct questions concerning this invoice to Becky Creelman 717.458.9234. Billing Backup CEDG, Inc. Invoice 20080155 Dated 03/28/08 Tuesday, July 05, 2011 1:23:36 PM Project 05099.14 Deerwood Villas - Stream Crossing Professional Personnel Hours Rate Amount MARINO 069 - Marino, James 10/27/06 1.00 95.00 95.00 Discussion with Nick and Greg MARINO 027 - Marino, James 01/02/07 6.50 95.00 617.50 PSU-IV and 100 year flow calculations MARINO 027 - Marino, James 01/03/07 8.50 95.00 807.50 Cross sections for HEC-RAS and n-values MARINO 027 - Marino, James 01/04/07 8.00 95.00 760.00 HEC-RAS analysis MARINO 027 - Marino, James 01/05/07 4.50 95.00 427.50 HEC-RAS analysis MARINO 027 - Marino, James 01/08/07 6.50 95.00 617.50 Revised Raleigh culvert and HEC-RAS analysis and summary MARINO 027 - Marino, James 02/05/07 1.00 95.00 95.00 Set first floor elevations and scan of floodplain for Greg MARINO 069 - Marino, James 02/23/07 1.00 95.00 95.00 Meeting with Greg and Todd Totals 37.00 3,515.00 Total Labor 3,515.00 Total this report $3,515.00 CERTIFICATE OF SERVICE The undersigned hereby certifies that I served a true and correct copy of the foregoing document upon the following individual(s) by depositing the same in the U.S. Mail, postage pre- paid at Hershey, Dauphin County, Pennsylvania this 11th day of January, 2012. BJC Developing, LLC 11375 Lafayette Road Mercersburg, Pennsylvania 17236 BJC Developing, LLC 11375 Deerwood Road Mercersburg, Pennsylvania 17236 Nicholas Hodges 11375 Lafayette Road Mercersburg, Pennsylvania 17236 Nicholas Hodges 11375 Deerwood Road Mercersburg, Pennsylvania 17236 Matthew ChabalIM, squire Pa. Attorney I.D. No. 49926 Thomas J. Car, Esquire Pa. Attorney I.D. No. 307100 James Smith Dietterick & Connelly LLP Mail: P.O. Box 650 Hershey, PA 17033 Courier: 134 Sipe Avenue Hummelstown, PA 17036 Phone: (717) 533-3280 Attorneys for Plaintiff Billing Backup Tuesday, July 05, 2011 CEDG, Inc. Invoice 20070529 Dated 08/31/07 1:12:54 PM Project 05099.02 Deerwood Community Resort - Parcel B & C Reimbursable Expenses Mailing and Handling AP 000000004163 08/17/07 Unishippers / Invoice: 1003335331, 25.69 8/13/2007 Total Reimbursables 25.69 25.69 Unit Billing Printing B/W 948.0 Copies @ 0.20 227.52 Total Units 227.52 227.52 Total this report $253.21 Image not found - with the path CEDG, INC. specified within Billing Template Editor 5000 Ritter Road Suite 203 Mechanicsburg, PA 17055 Nick Hodges Nick Hodges 11375 Deerwood Drive Mercersburg, PA 17236 Project 05099.02 Deerwood Community Resort - Parcel B & C Professional Services from November 1. 2007 to November 30, 2007 Fee Billing Phase Sketch Site Plan Cover Sheet, Existing Conditions/Demo PI Subdivision and Easement Plan Site Layout Plan Grading Plan Storm Drainage Plan Sanitary Sewer Plan Roadway Plan and Profiles Detail Sheets Application for Preliminary Plan Submiss SWM Plan and Report Erosion and Sediment Control Plan/Report NPDES Permit/Post Construction SW Report Pump Station Offsite Sewer Design Total Fee Percent Fee Complete 1,650.00 100.00 500.00 98.00 4,610.00 98.00 5,500.00 98.00 6,000.00 98.00 6,470.00 98.00 6,320.00 98.00 8,020.00 98.00 1,800.00 98.00 7,075.00 98.00 5,625.00 100.00 5,625.00 98.00 4,280.00 98.00 1,500.00 95.00 3,500.00 95.00 68,475.00 Total Fee Reimbursable Expenses Mailing and Handling 11/12/07 Unishippers Total Reimbursables Unit Billing Printing B/W 16.0 Copies @ 0.20 Please direct questions concerning this invoice to Becky Creelman 717.458.9234. November 30, 2007 Project No: 05099.02 Invoice No: 20070704 Previous Current Fee Earned Billing Billing 1,650.00 1,650.00 0.00 490.00 475.00 15.00 4,517.80 4,379.50 138.30 5,390.00 5,225.00 165.00 5,880.00 5,700.00 180.00 6,340.60 6,340.60 0.00 6,193.60 6,004.00 189.60 7,859.60 7,619.00 240.60 1,764.00 1,710.00 54.00 6,933.50 6,721.25 212.25 5,625.00 5,512.50 112.50 5,512.50 5,512.50 0.00 4,194.40 4,194.40 0.00 1,425.00 1,425.00 0.00 3,325.00 3,325.00 0.00 67,101.00 65,793.75 1,307.25 1,307.25 34.88 34.88 34.88 3.84 Project 05099.02 Deerwood Community Resort - Parcel B & Invoice 20070704 C Total Units 3.84 3.84 Total this Invoice $1,345.97 Outstanding Invoices Number Date Balance 20060515 08/31/06 23,479.57 20060660 10/31106 16,166.72 20060784 12/31/06 6,182.50 20070439 07/26/07 758.33 20070529 08/31/07 253.21 Total 46,840.33 Total Now Due $48,186.30 Billings to Date Current Prior Total Fee 1,307.25 65,793.75 67,101.00 Expense 34.88 116.89 151.77 Unit 3.84 241.37 245.21 Totals 1,345.97 66,152.01 67,497.96 Approved By: Please direct questions concerning this invoice to Becky Creelman 717.458.9234. Page 2 Billing Backup Tuesday, July 05, 2011 CEDG, Inc. Invoice 20070704 Dated 11/30/07 1:12:29 PM Project 05099.02 Deerwood Community Resort - Parcel B & C Reimbursable Expenses Mailing and Handling AP 000000004391 11/12/07 Unishippers / Invoice: 1003518124, 34.88 10/22/2007 Total Reimbursables 34.88 34.88 Unit Billing Printing B/W 16.0 Copies @ 0.20 3.84 Total Units 3.84 3.84 Total this report $38.72 Image not found - with the path CEDG, INC. specified within Billing Template Editor 5000 Ritter Road Suite 203 Mechanicsburg, PA 17055 Nick Hodges Nick Hodges 11375 Deerwood Drive Mercersburg, PA 17236 Project 05099.02 Deerwood Community Resort - Parcel B & C Professional Services from December 1. 2007 to December 31. 2007 Fee Billing Phase Sketch Site Plan Cover Sheet, Existing Conditions/Demo PI Subdivision and Easement Plan Site Layout Plan Grading Plan Storm Drainage Plan Sanitary Sewer Plan Roadway Plan and Profiles Detail Sheets Application for Preliminary Plan Submiss SWM Plan and Report Erosion and Sediment Control Plan/Report NPDES Permit/Post Construction SW Report Pump Station Offsite Sewer Design Total Fee December 28, 2007 Project No: 05099.02 Invoice No: 20070751 Percent Previous Current Fee Fee Complete Earned Billing Billing 1,650.00 100.00 1,650.00 1,650.00 0.00 500.00 98.00 490.00 490.00 0.00 4,610.00 98.00 4,517.80 4,517.80 0.00 5,500.00 98.00 5,390.00 5,390.00 0.00 6,000.00 98.00 5,880.00 5,880.00 0.00 6,470.00 98.00 6,340.60 6,340.60 0.00 6,320.00 98.00 6,193.60 6,193.60 0.00 8,020.00 98.00 7,859.60 7,859.60 0.00 1,800.00 98.00 1,764.00 1,764.00 0.00 7,075.00 98.00 6,933.50 6,933.50 0.00 5,625.00 100.00 5,625.00 5,625.00 0.00 5,625.00 98.00 5,512.50 5,512.50 0.00 4,280.00 98.00 4,194.40 4,194.40 0.00 1,500.00 95.00 1,425.00 1,425.00 0.00 3,500.00 95.00 3,325.00 3,325.00 0.00 68,475.00 67,101.00 67,101.00 0.00 Total Fee 0.00 Reimbursable Expenses Mailing and Handling 12/05/07 Unishippers Total Reimbursables Unit Billing Printing B/W 679.0 Copies @ 0.20 25.92 25.92 162.96 25.92 Please direct questions concerning this invoice to Becky Creelman 717.456.9234. Project 05099.02 Deerwood Community Resort - Parcel B 8 C Invoice 20070751 Total Units 162.96 162.96 Total this Invoice $188.88 Outstanding Invoices Number Date Balance 20060515 08/31/06 23,479.57 20060660 10/31/06 16,166.72 20060784 12/31/06 6,182.50 20070439 07/26/07 758.33 20070529 08/31/07 253.21 20070704 11/30/07 1,345.97 Total 48,186.30 Total Now Due $48,375.18 Billings to Date Current Prior Total Fee 0.00 67,101.00 67,101.00 Expense 25.92 151.77 177.69 Unit 162.96 245.21 408.17 Totals 188.88 67,497.98 67,686.86 Approved By: Please direct questions concerning this invoice to Becky Creelman 717.458.9234. Page 2 Billing Backup CEDG, Inc. Invoice 20070751 Dated 12/28/07 1:13:55 PM Project 05099.02 Deerwood Community Resort - Parcel B & C Reimbursable Expenses Mailing and Handling AP 000000004435 12/05/07 Unishippers / Invoice: 1003594089, 25.92 11/19/2007 Total Reimbursables 25.92 25.92 Unit Billing Printing B/W 679.0 Copies @ 0.20 162.96 Total Units 162.96 162.96 Tuesday, July 05, 2011 Total this report $188.88 Image not found - with the path CEDG, INC. specified within Billing Template Editor 5000 Ritter Road Suite 203 Mechanicsburg, PA 17055 Nick Hodges March 26, 2008 Nick Hodges Project No: 05099.02 11375 Deerwood Drive Invoice No: 20080106 Mercersburg, PA 17236 Project 05099.02 Deerwood Community Resort - Parcel B & C Professional Services from March 1. 2008 to March 31. 2Q08 Fee Percent Previous Current Fee Billing Phase Fee Complete Earned Billing Billing Sketch Site Plan 1,650.00 100.00 1,650.00 1,650.00 0.00 Cover Sheet, Existing 500.00 98.00 490.00 490.00 0.00 Conditions/Demo PI Subdivision and Easement 4,610.00 98.00 4,517.80 4,517.80 0.00 Plan Site Layout Plan 5,500.00 98.00 5,390.00 5,390.00 0.00 Grading Plan 6,000.00 98.00 5,880.00 5,880.00 0.00 Storm Drainage Plan 6,470.00 98.00 6,340.60 6,340.60 0.00 Sanitary Sewer Plan 6,320.00 98.00 6,193.60 6,193.60 0.00 Roadway Plan and Profiles 8,020.00 98.00 7,859.60 7,859.60 0.00 Detail Sheets 1,800.00 98.00 1,764.00 1,764.00 0.00 Application for Preliminary 7,075.00 98.00 6,933.50 6,933.50 0.00 Plan Submiss SWM Plan and Report 5,625.00 100.00 5,625.00 5,625.00 0.00 Erosion and Sediment 5,625.00 98.00 5,512.50 5,512.50 0.00 Control Plan/Report NPDES Permit/Post 4,280.00 98.00 4,194.40 4,194.40 0.00 Construction SW Report Pump Station 1,500.00 95.00 1,425.00 1,425.00 0.00 Offsite Sewer Design 3,500.00 95.00 3,325.00 3,325.00 0.00 Total Fee 68,475.00 67,101.00 67,101.00 0.00 Total Fee 0.00 Reimbursable Expenses Travel 01/07/08 Stager, Todd BOS mtg for waiver and 48.38 extension 02/21/08 Stager, Todd BOs mtg - unofficial 47.71 02/21/08 Stager, Todd PC mtg 47.71 03/03108 Stager, Todd mtg w montgomery twp bos 47.71 Mailing and H andling Please direct questions concerning this invoice to Becky Creelman 717.458.9234. Project 05099.02 Deerwood Community Resort - Parcel B & Invoice 20080106 C 03/17/08 Unishippers 03/17/08 Unishippers 03/17/08 Unishippers 03/17/08 Unishippers Total Reimbursables Unit Billing Mailing and Handling Printing B/W Printing Color Total Units 35.94 28.60 11.96 9.04 277.05 82.0 Postage @ 0.01 0.98 580.0 Copies @ 0.20 139.20 32.0 Color Copy @ 0.90 34.56 174.74 Total this Invoice Outstanding Invoices Number Date Balance 20060660 10/31/06 11,823.46 20060784 12/31/06 6,182.50 20070439 07/26/07 758.33 20070529 08/31/07 253.21 20070704 11/30107 1,345.97 20070751 12/28/07 188.88 Total 20,552.35 Total Now Due Billings to Date Current Prior Total Fee 0.00 67,101.00 67,101.00 Expense 277.05 177.69 454.74 Unit 174.74 408.17 582.91 Totals 451.79 67,686.86 68,138.65 Approved By 277.05 174.74 $451.79 $21,004.14 Please direct questions concerning this invoice to Becky Creelman 717.458.9234. Page 2 Billing Backup CEDG, inc. Invoice 20080106 Dated 03/26/08 Tuesday, July 05, 2011 1:14:25 PM Project 05099.02 Deerwood Community Resort - Parcel B & C Reimbursable Expenses Travel EX 000000001725 01/07/08 Stager, Todd / BOS mtg for waiver and 48.38 extension EX 000000001756 02/21/08 Stager, Todd / BOs mtg - unofficial 47.71 EX 000000001756 02/21/08 Stager, Todd ! PC mtg 47.71 EX 000000001759 03/03108 Stager, Todd / mtg w montgomery twp bos 47.71 Mailing and Handling AP 000000004629 03117/08 Unishippers / Invoice: 1003831465, 35.94 2/25/2008 AP 000000004629 03/17/08 Unishippers / Invoice: 1003831465, 28.60 2/25/2008 AP 000000004629 03/17/08 Unishippers / Invoice: 1003831465, 11.96 2/25/2008 AP 000000004629 03117108 Unishippers / Invoice: 1003831465, 9.04 2/25/2008 Total Reimbursables 277.05 277.05 Unit Billing Mailing and Handling 82.0 Postage @ 0.01 0.98 Printing 61W 580,0 Copies @ 0.20 139.20 Printing Color 32.0 Color Copy @ 0.90 34.56 Total Units 174.74 174.74 Total this report $451.79 Image not found - with the path CEDG, INC. specified within Billing Template Editor 5000 Ritter Road Suite 203 Mechanicsburg, PA 17055 Nick Hodges June 30, 2009 Nick Hodges Project No: 05099.02 11375 Deerwood Drive Invoice No: 20090236 Mercersburg, PA 17236 Project 05099.02 Deerwood Community Resort - Parcel B & C Fee Percent Previous Current Fee Billing Phase Fee Complete Earned Billing Billing Sketch Site Plan 1,650.00 100.00 1,650.00 1,650.00 0.00 Cover Sheet, Existing 500.00 98.00 490.00 490.00 0.00 Conditions/Demo PI Subdivision and Easement 4,610.00 98.00 4,517.80 4,517.80 0.00 Plan Site Layout Plan 5,500.00 98.00 5,390.00 5,390.00 0.00 Grading Plan 6,000.00 98.00 5,880.00 5,880.00 0.00 Storm Drainage Plan 6,470.00 98.00 6,340.60 6,340.60 0.00 Sanitary Sewer Plan 6,320.00 98.00 6,193.60 6,193,60 0.00 Roadway Plan and Profiles 8,020.00 98.00 7,859.60 7,859.60 0.00 Detail Sheets 1,800.00 98.00 1,764.00 1,764.00 0.00 Application for Preliminary 7,075.00 98.00 6,933.50 6,933.50 0.00 Plan Submiss SWM Plan and Report 5,625.00 100.00 5,625.00 5,625.00 0.00 Erosion and Sediment 5,625.00 98.00 5,512.50 5,512.50 0.00 Control Plan/Report NPDES Permit/Post 4,280.00 98.00 4,194.40 4,194.40 0.00 Construction SW Report Pump Station 1,500.00 95.00 1,425.00 1,425.00 0.00 Offsite Sewer Design 3,500.00 95.00 3,325.00 3,325.00 0.00 Total l=ee 68,475.00 67,101.00 67,101.00 0.00 Total Fee 0.00 Reimbursable Expenses Travel 06/02/08 Stager, Todd mont twp mtg - sidewalk 47.71 waiver Total Reimbursables 47.71 47.71 Total this Invoice $47.71 Please direct questions concerning this invoice to Becky Creelman 717.458.9234. Project 05099.02 Deerwood Community Resort - Parcel B & Invoice 20090236 C Outstanding Invoices Number Date Balance 20060660 10/31/06 11, 823.46 20060784 12/31/06 6,182.50 20070439 07/26/07 758.33 20070529 08/31/07 253.21 20070704 11/30/07 1,345.97 20070751 12/28/07 188.88 20080106 03/26/08 451.79 Total 21,004.14 Total Now Due $21,051.85 Billings to Date Current Prior Total Fee 0.00 67,101.00 67,101.00 Expense 47.71 454.74 502.45 Unit 0.00 582.91 582.91 Totals 47.71 68,138.65 68,186.36 Approved By: Please direct questions concerning this invoice to Becky Creelman 717.458.9234. Page 2 Billing Backup Tuesday, July 05, 2011 CEDG, Inc. Invoice 20090236 Dated 06/30/09 1:12:02 PM Project 05099.02 Deerwood Community Resort - Parcel B & C Reimbursable Expenses Travel EX 000000001826 06/02/08 Stager, Todd / mont twp mtg - sidewalk 47.71 waiver Total Reimbursables 47.71 47.71 Total this report $47.71 Image not found - with the path CEDG, INC. specified within Billing Template Editor 5000 Ritter Road Suite 203 Mechanicsburg, PA 17055 Nick Hodges Nick Hodges 11375 Deerwood Drive Mercersburg, PA 17236 United States Project 05099.05 Deerwood Villas - Final Phase I Professional Services from March 1. 2007 to March 31. 2007 Professional Personnel Davis, Matthew Hours Rate 13.00 65.00 Totals 13.00 Total Labor March 30, 2007 Project No: 05099.05 Invoice No: 20070169 Amount 845.00 845.00 Total this Invoice Billings to Date Labor Totals Current Prior Total 845.00 0.00 845.00 845.00 0.00 845.00 Approved By: 845.00 $845.00 Please direct questions concerning this invoice to Becky Creelman 717.458.9234. Billing Backup Tuesday, July 05, 2011 CEDG, Inc. Invoice 20070169 Dated 03/30/07 1:15:59 PM Project 05099.05 Professional Personnel DAVISMAT014 - Davis, Matthew subdivision plan DAVISMAT014 - Davis, Matthew subdivision plan DAVISMAT014 - Davis, Matthew subdivision plan Totals Total Labor Deerwood Villas - Final Phase I Hours 03/13/07 6.00 03/15/07 4.00 03/16/07 3.00 13.00 Rate Amount 65.00 390.00 65.00 260.00 65.00 195.00 845.00 Total this report 845.00 $845.00 Image not found - with the path CEDG, INC. specified within Billing Template Editor 5000 Ritter Road Suite 203 Mechanicsburg, PA 17055 Nick Hodges April 30, 2007 Nick Hodges Project No: 05099.05 11375 Deerwood Drive Invoice No: 20070241 Mercersburg, PA 17236 United States Project 05099.05 Deerwood Vil las - Final Ph ase I Professional Services from April 1 2007 to April 3 0, 2007 Professional Personnel Hours Rate Amount Flores, Gamaliel 11.50 65.00 747.50 Mantsevich, Alexander 24.50 85.00 2,082.50 Totals 36.00 2,830.00 Total Labor 2,830.00 Total this Invoice $2,830.00 Outstanding Invoices Number Date Balance 20070169 03/30/07 845.00 Total 845.00 Total Now Due $3,675.00 Billings to Date Current Prior Total Labor 2,830.00 845.00 3,675.00 Totals 2,830.00 845.00 3,675.00 Approved By: Please direct questions concerning this invoice to Becky Creelman 717.458.9234. Billing Backup Tuesday, July 05, 2011 CEDG, Inc. Invoice 20070241 Dated 04/30/07 1:16:26 PM Project 05099.05 Deerwood Villas - Final Phase I Professional Personnel Hours Rate Amount FLORES 014 - Flores, 04/02/07 8.00 65.00 520.00 Gamaliel Property lines for lot lines, tags, acreage, text orientation FLORES 014 - Flores, 04/03/07 3.50 65.00 227.50 Gamaliel Create subdivision sheets, line/curve tables MANTSEV1013 - Mantsevich, 03/26/07 7.50 85.00 637.50 Alexander Phase 1 - Site Plan MANTSEV1013 - Mantsevich, 03/27/07 7.50 85.00 637.50 Alexander Phase 1 - Site Plan and site layout MANTSEV1013 - Mantsevich, 04/09/07 5.50 85.00 467.50 Alexander Villas - ph 1 MANTSEV1013 - Mantsevich, 04/10/07 4.00 85.00 340.00 Alexander VILLAS - MEETING WITH GULP - AND WORKING ON THE SITE PLAN Totals 36.00 2,830.00 Total Labor 2,830.00 Total this report $2,830.00 Image not found - with the path CEDG, INC. specified within Billing Template Editor 5000 Ritter Road Suite 203 Mechanicsburg, PA 17055 Nick Hodges September 30, 2007 Nick Hodges Project No: 05099.05 11375 Deerwood Drive Invoice No: 20070587 Mercersburg, PA 17236 Project 05099.05 Deerwood Villas - Final Phase I Professional Services from Septe mber 1. 2007 to September 3 0. 2007 Professional Personnel Hours Rate Amount Lambert, Gregory 2.00 135.00 270.00 Mantsevich, Alexander 2.50 85.00 212.50 Totals 4.50 482.50 Total Labor 482.50 Total this Invoice $482.50 Outstanding Invoices Number Date Balance 20070169 03/30/07 845.00 20070241 04/30/07 2,830.00 Total 3,675.00 Total Now Due $4,157.50 Billings to Date Current Prior Total Labor 482.50 3,675.00 4,157.50 Totals 482.50 3,675.00 4,157.50 Approved By: Please direct questions concerning this invoice to Becky Creelman 717.458.9234. Billing Backup Tuesday, July 05, 2011 CEDG, Inc. Invoice 20070587 Dated 09/30/07 1:16:51 PM Project 05099.05 Deerwood Villas - Final Phase I Professional Personnel Hours Rate Amount LAMBERT 010 - Lambert, 09/04/07 1.00 135.00 135.00 Gregory review plan requirements LAMBERT 010 - Lambert, 09/05/07 1.00 135.00 135.00 Gregory review plan requirements MANTSEV1013 - Mantsevich, 07/19/07 1.00 85.00 85.00 Alexander locating the utilities dwngs and plotting MANTSEVI000 - Mantsevich, 09/04/07 1.50 85.00 127.50 Alexander plotting (prel and final) Totals 4.50 482.50 Total Labor 482.50 Total this report $482.50 LAW OFFICES OF VINCENT B. MANCINI & ASSOCIATES By: Lee A. Stivale, Esquire, Atty. I.D. #46511 414 East Baltimore Pike Media, PA 19063 (610) 566-8064 2 iv 8: S'+ I COUNTY Attorneys AMAN I A IN THE COURT OF COMMON PLEAS OF CUNMBERALND COUNTY, PENNSYLVANIA CEDG, INC. Plaintiff, NO. 2009-8774 V. CIVIL ACTION BJC DEVELOPING, LLC and NICHOLAS HODGES Defendants. NOTICE YOU ARE HEREBY NOTIFIED TO PLEAD TO DEFENDANTS' NEW MATTER TO PLAINTIFF'S COMPLAINT WITHIN 20 DAYS FROM SERVICE HEREOF OR A DEFAULT JUDGMENT MAY BE ENTERED AGAINST YOU. y submitted, LAW OFFICES OF VINCENT R MAN By: ASSOCIATES STIVALE, Esquire Attorney for LAW OFFICES OF VINCENT B. MANCINI & ASSOCIATES By: Lee A. Stivale, Esquire, Attv.. I.D. #46511 414 East Baltimore Pike Media, PA 19063 Attorney for Defendant (610) 566-8064 IN THE COURT OF COMMON PLEAS OF CUNMBERALND COUNTY, PENNSYLVANIA CEDG, INC. Plaintiff, NO. 2009-8774 V. BJC DEVELOPING, LLC and : NICHOLAS HODGES Defendants. : CIVIL ACTION ANSWER, NEW MATTER AND COUNTERCLAIM The Defendant, BJC Developing, LLC and Nicholas Hodges, by and through their attorneys, hereby file this response as pleads as follows: 1. Denied. The averment contains conclusions of Law to which no response is required. To the extent that a response may be required, it is denied that Defendants' were bound contractually to Plaintiff as averred. 2. Denied. After reasonable investigation, Defendants are without sufficient information to deny or admit the averment and therefore deny the same. 3. Admitted. 4. Admitted in part and denied in part. It is admitted that Nicholas Hodges is an adult individual. It is denied that Defendant Nicholas Hodges maintains a business address as averred. It is denied that the claimed address of the personal residence is accurate. 5. Denied. The transaction and situs of this matter is Franklin County, Pennsylvania. 6. Denied. Defendants incorporate their response to paragraph five (5) above. 7. Denied. It is denied that Defendants regularly conduct business in Cumberland County, Pennsylvania; and further denied that the cause action arose or where the transaction underlying the Complaint occurred. To the contrary, the principal place of business and residence, even as plead by Plaintiff, is Franklin County. 8. Denied. The averred proposal was not sent to Defendant Nicholas Hodges, an individual. The averred proposal was directed to Whitetail, LLC, a Washington State Limited Liability company. 9. Admitted. 10. Admitted. 11. Denied. Whitetail, LLC, by and through its representatives, authorized and directed Plaintiff to perform portions of the defined scope of work and not the entirety. 12. Denied. It is denied that invoices were transmitted and due from Defendant Hodges. It is further denied that invoices which were provided were accurate and could not be fully confirmed because of the confusing and intelligible nature of the same. 13. Denied in part and admitted in part. It is admitted that Defendant Hodges did make periodic payments directly to Plaintiff as authorized by Whitetail, LLC. After reasonable investigation, Defendants are without sufficient information to deny or admit the claimed amount of $72,588.80 and therefore deny the same. 14. Denied. The Defendants incorporate their responses contained in paragraph eight (8). It is denied that Defendant Hodges executed any written agreement of surety or guaranty. 2 15. Denied. The Defendants incorporate their responses contained in paragraph eight (8). Denied. It is denied that either of the named Defendants was contractually bound to Plaintiff, as averred. 16 Denied. Any suggestion of payment was made on behalf of Whitetail, LLC and was conditioned upon performance by Plaintiff. Upon belief, payments to Plaintiff exceeded the fair value of the professional work provided and/or billed amounts from Plaintiff. 17. Denied. The Plaintiff was informed to direct the proposal to Nick Hodges and that specific revisions to the same were required. 18 Admitted . 19. Admitted . 20. Denied. The Defendants incorporate their responses to paragraphs 17-18. By way of further response, the responsible party, not either of the Defendants, did not agree to varying aspects of the proposal. 21. Denied. Only portions of the averred work were performed in a professional and workmanlike manner. It is denied that the invoices accurately reflected the agreed services and the amounts due for specific professional efforts. 22. Denied as stated. It is admitted that approximately $189,374.66 in payments were made to Plaintiff on account of services defined in Exhibits "B", "C", "D" and "E" to the complaint, all of which were prior to the amendment dated November 9, 2006, and not inclusive of payments made subsequent thereto. It is denied that the Defendant Hodges made payments in and for his individual capacity. 23. Denied. It is denied that Defendants had any obligation to make the averred payments. The Defendants were no party to any executed or oral agreement as averred. 3 24. Denied in part and admitted in part. It is denied that Defendant BJC Developing became delinquent in its obligation to Plaintiff. It is admitted that the proposal was tendered by Plaintiff. 25. Denied. The averred contract Amendment was executed solely by Nick Hodges, representative of Defendant BJC Developing, LLC, and not in his individual capacity. 26. Denied. Defendant Hodges executed the contract amendment solely in his capacity as a representative of BJC Developing, LLC. The remainder of the allegata is denied when the proposal is a written document and any interpretation of that proposal is therefore denied. 27. Denied. The amendment is a written document. Any claimed interpretation is denied. 28. Denied. The Plaintiff materially breached the agreement when it ceased to provide services as agreed to within the amendment. 29. Denied. Upon belief, Plaintiff was paid amounts in excess of what was due it under the agreement, as amended. 30. Denied. Any and all agreement to pay was related only to BJC Developing and were conditioned upon Plaintiff performing services defined in the amended contract with BJC Developing. By way of further response, Plaintiff materially breached the amended agreement when it ceased to provide services as agreed to within the amendment. 31. -- 32. Denied. The ledger is not accurate when invoices are not outstanding and/or the invoices do not accurately reflect professional services rendered. 33. - 34. Denied. Any and all agreement to pay was related only to BJC Developing and were conditioned upon Plaintiff performing services defined in the amended contract with BJC 4 Developing.. By way of further response, Plaintiff materially breached the amended agreement when it ceased to provide services as agreed within the amendment. The averred sums owed are not accurate when invoices are not outstanding and/or the invoices do not accurately reflect professional services rendered. COUNTI BREACH OF CONTRACT CEDG v. Hodges 35. Defendant Hodges incorporates by reference the responses contained in paragraphs one (1) through thirty four (34) as though fully set forth at length. WHEREOFRE, Defendant Hodges respectfully requests that judgment be entered in his favor and against Plaintiff, including such additional relief as this Court deems just and reasonable. COUNT II Contractor and Subcontractor Payment Act CEDG v. Hodges 36. Defendant Hodges incorporates by reference the responses contained in paragraphs one (1) through thirty four (34) as though fully set forth at length. 37. Denied as a conclusion of Law to which no response is required. WH>=;REOFRE, Defendant Hodges respectfully requests that judgment be entered in his favor and against Plaintiff, including such additional relief as this Court deems just and reasonable. COUNT III BREACH OF CONTRACT CEDG v. BJC and Hodges 38. Defendants BJC and Hodges incorporate by reference the responses contained in paragraphs one (1) through thirty four (34) as though fully set forth at length. 5 WHEREOFRE, Defendants BJC and Hodges respectfully request that judgment be entered in their favor and against Plaintiff, including such additional relief as this Court deems just and reasonable. COUNT IV Contractor and Subcontractor Payment Act CEDG v. BJC and Hodges 39. Defendants BJC and Hodges incorporate by reference the responses contained in paragraphs one (1) through thirty four (34) as though fully set forth at length. 40. Denied as a conclusion of Law to which no response is required. WHEREOFRE, Defendants BJC and Hodges respectfully request that judgment be entered in his favor and against Plaintiff, including such additional relief as this Court deems just and reasonable. NEW MATTER 41. Defendants incorporate by reference their responses contained in paragraphs one (1) through forty (40) as well as all Exhibits attached to the Complaint, all as though fully set forth at length. 42. The proposal attached as Exhibit "A" to the Complaint was never executed by either of the Defendants. 43. Defendant Nicholas Hodges did not execute the proposal attached to the Complaint as Exhibit "A." 44. The proposal attached as Exhibit "A" to the Complaint was directed to Nick Hodges in his capacity as "representative" of Whitetail, LLC and not to him in his individual capacity. 6 45. The proposal attached as Exhibit "B" to the Complaint was never executed by either of the Defendants. 46. Defendant Nicholas Hodges did not execute the proposal attached to the Complaint as Exhibit "B." 47. The proposal attached as Exhibit "B" to the Complaint was directed to Nick Hodges in his capacity as "representative" of Whitetail, LLC and not to him in his individual capacity. 48. Defendant Nicholas Hodges executed the proposal attached to the Complaint as Exhibit "C" in his capacity as "rep" of BJC Developing, LLP. 49. The proposal attached as Exhibit "C" to the Complaint was directed to Nick Hodges in his capacity as "representative" of BJC Developing, LLP and not to him in his individual capacity. 50. The Proposal attached as Exhibit "C" was a novation of any and all agreements which preceded it and which were contemplated by the Proposals attached to the Complaint as Exhibit "B." 51. Defendant Nicholas Hodges executed the proposal attached to the Complaint as Exhibit "U" in his capacity as "rep" [representative] of BJC Developing, LLP. 52. The proposal attached as Exhibit "D" to the Complaint was directed to Nick Hodges in his capacity as "representative" of BJC Developing, LLP and not to him in his individual capacity. 53. The proposal attached as Exhibit "E" to the Complaint was directed to Nick Hodges in his capacity as "representative" of BJC Developing, LLP and not to him in his individual capacity. 7 54. Defendant Nicholas Hodges executed the proposal attached to the Complaint as Exhibit "F" in his capacity as "representative" of BJC Developing, LLC. 55. The proposal attached as Exhibit "F" to the Complaint was directed to Nick Hodges in his capacity as "representative" of BJC Developing, LLC and not to him in his individual capacity. 56. The proposal attached as Exhibit "F" to the Complaint was never executed by Defendant Hodges in his individual capacity. 57. Defendant Nicholas Hodges never executed a written guaranty or surety agreement to guaranty the payments of sums due on any of the "Proposals" attached to the Complaint as Exhibit "A" through "F." 58. Plaintiff's complaint is barred by the doctrine of estoppel. 59. Plaintiff's complaint is barred by the doctrine of fraud. 60. Plaintiff's complaint is barred by release. 61. Plaintiff's complaint is barred by the Statute of Frauds. 62. Plaintiff's complaint is barred by the doctrine of impossibility of performance. 63. Plaintiff's complaint is barred by the doctrine of justification. 64. Plaintiff's complaint is barred by the doctrine of laches. 65. Plaintiff fails to state a cognizable cause of action against the Defendants. 66. Plaintiff's claims are barred by the applicable statute of limitations. 8 WHEREFORE, Defendants respectfully request that this Honorable Court enter judgment in their favor and against the Plaintiff on Plaintiff's claims, including such other relief as this Court shall deem just and proper. subTi!Medh•.., LEE A. 6TIVAZE, ESQUIRE Attorney for Defendants 9 VERIFICATION I, NICK HODGES, verify that the facts set forth in the foregoing Answer and New Matter are true and correct to the best of my knowledge, information and belief. I understand that false statements made therein are made subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. f, NIG- ODC7T;S_ R -- CERTIFICATE OF SERVICE I, LEE A. STIVALE, ESQUIRE, hereby certify that I served a true and correct copy of an Answer, New Matter and Counterclaim to the following on March 9, 2012 via regular mail to the following: Thomas Carr, Esquire PO Box 650 Hershey, PA 17033 Respectfully submitted, LAW OFFICES OF V1NeEN F$.,MANCINI & ASSOCIATES i By: LEE A: TIVALE, ESQUIRE James Smith Dietterick & Connelly LLP Matthew Chabal, III, Esquire Pa. Attorney I.D. No. 49926 mc@jsdc.com Thomas J. Car, Esquire Pa. Attorney I.D. No. 307100 tjc@jsdc.com 134 Sipe Avenue Hummelstown, PA 17036 (717) 533-3280 Attorneys for Plaintiff CEDG, INC., Plaintiff, V. BJC DEVELOPING, LLC, and NICHOLAS HODGES, Defendants. Uzi _ a?i? ?4?n n C(1??1Btr 3.;tgD t'EN,NSYLI/Atiu,' , ,?. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2009-8774 CIVIL ACTION JURY TRIAL DEMANDED REPLY TO NEW MATTER Plaintiff CEDG, Inc. ("CEDG"), through its counsel, James Smith Dietterick & Connelly LLP, files this Reply to New Matter as follows: 41. No response required. To the extent a response is deemed to be required, all allegations and implications that CEDG's claims are not valid are denied. CEDG incorporates the Complaint by reference. 42. Denied. This paragraph sets forth legal conclusions to which no response is required. To the extent the allegations in this paragraph are deemed to be factual, they are denied. It is admitted that Defendants' signatures do not appear on the document attached to the Complaint as Exhibit A. However, Defendant Hodges orally agreed to identical terms with CEDG and asked CEDG to perform the civil engineering work identified in the Proposal No. 05P216.01H attached to the Complaint as Exhibit A. Beginning on or about October 31, 2005, CEDG provided the civil engineering services identified in Proposal No. 05P216.01 H and issued to Hodges invoices totaling $167,971.79 for those services. Hodges made partial payments to CEDG in the total amount of $72,588.80 for those services. Hodges became delinquent in making payments for the civil engineering services identified in Proposal No. 05P216.01H. Despite repeated demands for payment, there remains an outstanding balance of $95,382.99 for the services CEDG performed. Hodges has repeatedly promised to pay CEDG for those services, but has failed to do so. By way of further answer, CEDG incorporates the Complaint by reference. 43. Denied. This paragraph sets forth legal conclusions to which no response is required. To the extent the allegations in this paragraph are deemed to be factual, they are denied. It is admitted that Defendant Hodges' signature does not appear on the document attached to the Complaint as Exhibit A. However, Hodges orally agreed to identical terms with CEDG and asked CEDG to perform the civil engineering work identified in the Proposal No. 05P216.01H attached to the Complaint as Exhibit A. Beginning on or about October 31, 2005, CEDG provided the civil engineering services identified in Proposal No. 05P216.011-1 and issued to Hodges invoices totaling $167,971.79 for those services. Hodges made partial payments to CEDG in the total amount of $72,588.80 for those services. Hodges became delinquent in making payments for the civil engineering services identified in Proposal No. 05P216.01 H. Despite repeated demands for payment, there remains an outstanding balance of $95,382.99 for the services CEDG performed. Hodges has repeatedly promised to pay CEDG for those services, but has failed to do so. By way of further answer, CEDG incorporates the Complaint by reference. 2 Resort Parcel A. The work included the design of 50 single family lots and approximately 340 - 400 condominium/townhouse lots. C. Proposal No. 06P 140H.01 - REVISED, a true and correct copy of which is attached to the Complaint as Exhibit E, was a proposal related to Deerwood Community Resort Parcels B and C. The work included the design of 52 single family lots on 81.17 acres and 140 single family lots on 78.75 acres. On or about November 14, 2006, the parties executed a Contract Amendment dated November 9, 2006, a true and correct copy of which is attached to the Complaint as Exhibit F (the "Contract Amendment'). In the Contract Amendment, Defendants specifically acknowledged that since January 5, 2006, CEDG had performed engineering services under Proposal No. 05P225H and had been paid $189,374.66 for those services. The Contract Amendment contained, inter alia, the following terms and conditions under which CEDG would continue to perform the work identified in Proposal No. 05P225H: a. Proposal 05P225H - SECOND REVISION, Proposal 06PI40H - REVISED, and Proposal 06P140H.01 - REVISED were acknowledged as revisions to the unexecuted Proposal No. 05P225H; b. Defendants were to pay to CEDG $95,000 for services previously provided or to be provided under Proposal 05P225H - SECOND REVISION, Proposal 06P 140H - REVISED, and Proposal 06PI40H.0I - REVISED; C. Defendants were to make monthly payments to CEDG of $15,000 commencing on April 1, 2007, and continuing until the balance owed was paid in full; and 4 d. delinquent balances due were secured by a first lien on Lots 42, 58 and 66 in Section B of Deerwood Mountain Estates. CEDG provided civil engineering services pursuant to Proposal 05P225H - SECOND REVISION, Proposal 06P 140H - REVISED, Proposal 06P140H.0I - REVISED, and the Contract Amendment. Despite repeated demands for payment, there remains an outstanding balance owed to CEDG of $166,496.62 for the civil engineering services CEDG performed under Proposal 05P225H - SECOND REVISION, Proposal 06P 140H - REVISED, Proposal 06P 140H.01 - REVISED and the Contract Amendment. Defendants have repeatedly promised to pay CEDG for those services, but have failed to do so. By way of further answer, CEDG incorporates the Complaint by reference. 46. Denied. This paragraph sets forth legal conclusions to which no response is required. To the extent the allegations in this paragraph are deemed to be factual, they are denied. It is admitted that Defendants' signatures do not appear on the document attached to the Complaint as Exhibit B. However, Defendant Hodges orally agreed to identical terms with CEDG and asked CEDG to perform the civil engineering work identified in the Proposal No. 05P225H attached to the Complaint as Exhibit B. Beginning on or about January 5, 2006, CEDG provided the civil engineering services identified in Proposal No. 05P225H and issued to Hodges invoices for those services. Defendants made partial payments to CEDG in the total amount of $189,374.66 for those services. Defendants became delinquent in making payments for the civil engineering services identified in Proposal No. 05P225H. Following discussions on how to cure the payment delinquencies, CEDG sent to Defendants the following Proposals for Civil Engineering Services for the Deerwood Community Resort, all dated October 19, 2006: a. Proposal No. 05P225H - SECOND REVISION, a true and correct copy of which is attached to the Complaint as Exhibit C, was a proposal for overall site studies and treatment facilities and Deerwood Villas. The work included the design of a residential development of approximately 179 units on an approximate 290 acre site. b. Proposal No. 06P140H - REVISED, a true and correct copy of which is attached to the Complaint as Exhibit D, was a proposal related to Deerwood Community Resort Parcel A. The work included the design of 50 single family lots and approximately 340 - 400 condominium/townhouse lots. C. Proposal No. 06P 144H.01 - REVISED, a true and correct copy of which is attached to the Complaint as Exhibit E, was a proposal related to Deerwood Community Resort Parcels B and C. The work included the design of 52 single family lots on 81.17 acres and 140 single family lots on 78.75 acres. On or about November 14, 2006, the parties executed a Contract Amendment dated November 9, 2006, a true and correct copy of which is attached to the Complaint as Exhibit F (the "Contract Amendment"). In the Contract Amendment, Defendants specifically acknowledged that since January 5, 2006, CEDG had performed engineering services under Proposal No. 05P225H and had been paid $189,374.66 for those services. The Contract Amendment contained, inter alia, the following terms and conditions under which CEDG would continue to perform the work identified in Proposal No. 05P225H: a. Proposal 05P225H - SECOND REVISION, Proposal 06P140H - REVISED, and Proposal 06P140H.01 - REVISED were acknowledged as revisions to the unexecuted Proposal No. 05P225H; 6 b. Defendants were to pay to CEDG $95,000 for services previously provided or to be provided under Proposal 05P225H - SECOND REVISION, Proposal 06P140H - REVISED, and Proposal 06P140H.01 - REVISED; C. Defendants were to make monthly payments to CEDG of $15,000 commencing on April 1, 2007, and continuing until the balance owed was paid in full; and d. delinquent balances due were secured by a first lien on Lots 42, 58 and 66 in Section B of Deerwood Mountain Estates. CEDG provided civil engineering services pursuant to Proposal 05P225H - SECOND REVISION, Proposal 06P140H - REVISED, Proposal 06P140H.0I - REVISED, and the Contract Amendment. Despite repeated demands for payment, there remains an outstanding balance owed to CEDG of $166,496.62 for the civil engineering services CEDG performed under Proposal 05P225H - SECOND REVISION, Proposal 06P140H - REVISED, Proposal 06PI40H.01 - REVISED and the Contract Amendment. Defendants have repeatedly promised to pay CEDG for those services, but have failed to do so. By way of further answer, CEDG incorporates the Complaint by reference. 47. Denied. This paragraph sets forth legal conclusions to which no response is required. To the extent the allegations in this paragraph are deemed to be factual, they are denied. To the contrary, the document attached to the Complaint as Exhibit B was directed to Defendant Hodges in his individual capacity. By way of further answer, CEDG incorporates the Complaint and Paragraph 46, above, by reference. 48. Denied. This paragraph sets forth legal conclusions to which no response is required. To the extent the allegations in this paragraph are deemed to be factual, they are denied. To the contrary, Defendant Hodges signed the document attached to the Complaint as Exhibit C in his individual capacity as well as on behalf of BJC Developing, LLC. By way of further answer, CEDG incorporates the Complaint by reference. 49. Denied. This paragraph sets forth legal conclusions to which no response is required. To the extent the allegations in this paragraph are deemed to be factual, they are denied. To the contrary, the document attached to the Complaint as Exhibit C was directed to Defendant Hodges in his individual capacity as well as on behalf of BJC Developing, LLC. By way of further answer, CEDG incorporates the Complaint by reference. 50. Denied. This paragraph sets forth legal conclusions to which no response is required. To the extent the allegations in this paragraph are deemed to be factual, they are denied. 51. Denied. This paragraph sets forth legal conclusions to which no response is required. To the extent the allegations in this paragraph are deemed to be factual, they are denied. To the contrary, Defendant Hodges signed the document attached to the Complaint as Exhibit D in his individual capacity as well as on behalf of BJC Developing, LLC. By way of further answer, CEDG incorporates the Complaint by reference. 52. Denied. This paragraph sets forth legal conclusions to which no response is required. To the extent the allegations in this paragraph are deemed to be factual, they are denied. To the contrary, the document attached to the Complaint as Exhibit D was directed to Defendant Hodges in his individual capacity as well as on behalf of BJC Developing, LLC. By way of further answer, CEDG incorporates the Complaint by reference. 53. Denied. This paragraph sets forth legal conclusions to which no response is required. To the extent the allegations in this paragraph are deemed to be factual, they are 8 denied. To the contrary, the document attached to the Complaint as Exhibit E was directed to Defendant Hodges in his individual capacity as well as on behalf of BJC Developing, LLC. By way of further answer, CEDG incorporates the Complaint by reference. 54. Denied. This paragraph sets forth legal conclusions to which no response is required. To the extent the allegations in this paragraph are deemed to be factual, they are denied. To the contrary, Defendant Hodges signed the document attached to the Complaint as Exhibit F in his individual capacity as well as on behalf of BJC Developing, LLC. By way of further answer, CEDG incorporates the Complaint by reference. 55. Denied. This paragraph sets forth legal conclusions to which no response is required. To the extent the allegations in this paragraph are deemed to be factual, they are denied. To the contrary, Defendant Hodges signed the document attached to the Complaint as Exhibit F in his individual capacity as well as on behalf of BJC Developing, LLC. By way of further answer, CEDG incorporates the Complaint by reference. 56. Denied. This paragraph sets forth legal conclusions to which no response is required. To the extent the allegations in this paragraph are deemed to be factual, they are denied. To the contrary, Defendant Hodges signed the document attached to the Complaint as Exhibit F in his individual capacity as well as on behalf of BJC Developing, LLC. By way of further answer, CEDG incorporates the Complaint by reference. 57. Denied. This paragraph sets forth legal conclusions to which no response is required. To the extent the allegations in this paragraph are deemed to be factual, they are denied. By way of further answer, CEDG incorporates the Complaint by reference. 9 58. Denied. This paragraph sets forth legal conclusions to which no response is required. To the extent the allegations in this paragraph are deemed to be factual, they are denied. 59. Denied. This paragraph sets forth legal conclusions to which no response is required. To the extent the allegations in this paragraph are deemed to be factual, they are denied. 60. Denied. This paragraph sets forth legal conclusions to which no response is required. To the extent the allegations in this paragraph are deemed to be factual, they are denied. 61. Denied. This paragraph sets forth legal conclusions to which no response is required. To the extent the allegations in this paragraph are deemed to be factual, they are denied. 62. Denied. This paragraph sets forth legal conclusions to which no response is required. To the extent the allegations in this paragraph are deemed to be factual, they are denied. 63. Denied. This paragraph sets forth legal conclusions to which no response is required. To the extent the allegations in this paragraph are deemed to be factual, they are denied. 64. Denied. This paragraph sets forth legal conclusions to which no response is required. To the extent the allegations in this paragraph are deemed to be factual, they are denied. 10 65. Denied. This paragraph sets forth legal conclusions to which no response is required. To the extent the allegations in this paragraph are deemed to be factual, they are denied. 66. Denied. This paragraph sets forth legal conclusions to which no response is required. To the extent the allegations in this paragraph are deemed to be factual, they are denied. WHEREFORE, Plaintiff CEDG, Inc., requests the Court to enter judgment in its favor and against Defendants BJC Developing, LLC, and Nicholas Hodges, plus interest, penalty, expenses, including attorneys' fees, costs and all other relief to which Plaintiff may be entitled. Respectfully submitted, Matthew Chabal, III, Esquire Pa. Attorney I.D. No. 49926 Thomas J. Car, Esquire Pa. Attorney I.D. No. 307100 James Smith Dietterick & Connelly LLP Mail: P.O. Box 650 Hershey, PA 17033 Courier: 134 Sipe Avenue Hummelstown, PA 17036 Phone: (717) 533-3280 Attorneys for Plaintiff 11 VERIFICATION I, Todd N. Stager, hereby aver and state that I have read the foregoing document which has been drafted by counsel. The factual statements contained therein are true and correct to the best of my knowledge, information and belief although the language is that of counsel and, to the extent that the content of the foregoing document is that of counsel, I have relied upon counsel in making this verification. This statement is made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false statements, I may be subject to criminal penalties. Todd N. Stager CERTIFICATE OF SERVICE The undersigned hereby certifies that I served a true and correct copy of the foregoing document upon the following individual(s) by depositing the same in the U.S. Mail, postage pre- paid at Hershey, Dauphin County, Pennsylvania this 29th day of March, 2012. Lee A. Stivale, Esquire Law Offices of Vincent B. Mancini & Associates 414 East Baltimore Pike Media, PA 19063 /L t1w-"Oa! Matthew Chabal III, Esquire Pa. Attorney I.D. No. 49926 Thomas J. Car, Esquire Pa. Attorney I.D. No. 307100 James Smith Dietterick & Connelly LLP Mail: P.O. Box 650 Hershey, PA 17033 Courier: 134 Sipe Avenue Hummelstown, PA 17036 Phone: (717) 533-3280 Attorneys for Plaintiff LAW OFFICES OF VINCENT B. MANCINI & ASSOCIATR ?APR By: Vincent. Mancini, Esquire, Atty. I.D. #24785 `? 3' 146 414 East Baltimore Pike -sUBERLAtD COUNTY Media, PA 19063 PENNSYLVANIA (610) 566-8064 IN THE COURT OF COMMON PLEAS OF CUNMBERALND COUNTY, PENNSYLVANIA CEDG, INC. Plaintiff, v. NO. 2009-8774 CIVIL ACTION BJC DEVELOPING, LLC and NICHOLAS HODGES Defendants. WITHDRAWAL/ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly withdrawal the appearance of the Law Office of Vincent B. Mancini & Associates as counsel on behalf of Defendants, BJC Development, LLC and Nicholas Hodges in the above- captioned matter. LAW OFFICES OF VINCENT B. NCINI & ASSOCIATES Date: By: VINCENT B. MANCINI, ESQUIRE TO THE PROTHONOTARY: Kindly enter my appearance as counsel on behalf of Defendants, BJC Development, LLC and Nicholas Hodges in the above-captioned matter and ame contact m ration set forth below. Date: eil ?L2 By: I— I LEE A. 412 West Village Lane Chadds Ford, PA 19317 484-574-1693 CERTIFICATE OF SERVICE I, VINCENT B. MANCINI, ESQUIRE, hereby certify that I served a true and correct copy of a Withdrawal/Entry of Appearance upon to the following individual on this day of via United States first class mail: Thomas J Car, Esquire P.O. Box 650 Hershey, PA 17033 Lee A. Stivale, Esquire 412 West Village Lane Chadds Ford, PA 19317 Respectfully submitted, LAW OFFICES OF INCENT B. MANCINI & ASSOCIATES By: VINCENT B. MANCINI, ESQURE