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HomeMy WebLinkAbout12-7759 _... ~, ~, COYNE & COYNE, P.C. ;-~ -~ '~ ~ 3 _ Lisa Marie Coyne, Esquire `~`' '~ =~ ~~ Pa. Supreme Ct. No. 53788 ~-~ ~~ ` 3901 Market Street ~~ ~= '" Camp Hill, PA 17011-4227 ., ~: :: -- (717) 737-0464 Attorney For Plaintiff ORBIT TECHNOLOGIES, INC., : IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff vs. NO. l'o~- `r7J~ I~IVf/ !N~l~l KEYSTONE BIOFUELS, INC., Defendant :CIVIL ACTION -LAW Jury Trial Demanded NOTICE YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN TWENTY (20) DAYS AFTER THIS NOTICE IS SERVED, BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY AN ATTORNEY AND FILING IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL TO DO SO THE CASE MAY PROCEED WITHOUT YOU AND A JUDGMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE DEFENDANT. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Lawyer Referral Service 32 S. Bedford Street Carlisle, PA 17013 1-800-990-9108 (717) 249-3166 x!03.75 PA ATE/ ~ # 1~~3"d ~~ae~~~/ COYNE & COYNE, P.C. Lisa Marie Coyne, Esquire Pa. Supreme Ct. No. 53788 3901 Market Street Camp Hill, PA 17011-4227 (717) 737-0464 Attorney For Plaintiff ORBIT TECHNOLOGIES, INC. : IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff ~\ vs. NO. ~ c~. - ~ 7 KEYSTONE BIOFUELS, INC., Defendant :CIVIL ACTION -LAW Jury Trial Demanded COMPLAINT AND NOW COMES, the Plaintiff, Orbit Technologies, Inc., by and through their attorneys, Coyne & Coyne, P.C., and avers the following: 1. Plaintiff, Orbit Technologies, is a Pennsylvania corporation, with a registered office located at 4635 West Smithfield Street, Elizabeth, Allegheny County, Pennsylvania. 2. Defendant, Keystone Biofuels, Inc., is a Pennsylvania corporation, with a registered office and a principal place of business located at 2850 Appleton Street, Suite E, Camp Hill (Lower Allen Township), Cumberland County, Pennsylvania 17011. 3. On or about January 11, 2011, Defendant entered into a contract with the Plaintiff for the Plaintiff to provide electrical work and other related work at Defendant's new plant located in Cumberland County. (Copy of Contract is attached as Exhibit "A"). 2 4. On or about March 31, 2011, the parties entered into an Addendum 1 to the Electrical Contract, dated January 11, 2011. (Copy of Addendum is attached as Exhibit "B"). 5. On or about April 27, 2011, the parties entered into an Addendum 2 to the Electrical Contract, dated January 11, 2011. (Copy of Addendum is attached as Exhibit "C") 6. On or about May 9, 2011, the parties entered into an Addendum 3 to the Electrical Contract, dated January 11, 2011. (Copy of Addendum is attached as Exhibit "D") 7. On or about May 10, 2011, the parties entered into an Addendum 4 to the Electrical Contract, dated January 11, 2011. (Copy of Addendum is attached as Exhibit "E") 8. On or about June 8, 2011, the parties entered into an Addendum 5 to the Electrical Contract, dated January 11, 2011. (Copy of the Addendum is attached as Exhibit "F") 9. On or about July 20, 2011, the parties entered into an Addendum 6 to the Electrical Contract, dated January 11, 2011. (Copy of the Addendum is attached as Exhibit "G") 10. In addition to the Electrical Contract, dated January 11, 2011 and the Addendums 1 through 6 of the Contract, Defendant also agreed to pay to Plaintiff on the basis of time and material requested work which was outside of the Contract and Addendums. 11. At all times relevant hereto, Plaintiff performed all obligations under the contract and addendums and all additional work orders requested by Defendant. 12. Upon completion of required work by Plaintiff under the Contract and Addendums as well as the work orders requested by Defendant and upon Plaintiff providing requested materials to Defendant, Plaintiff submitted invoices to Defendant demanding payment and Defendant made partial payments on some invoices. 3 13. Under the terms and conditions of the Contract and Addendums and associated work orders for work in addition to the work described in the scope of work in the Contract and Addendums and as agreed by the parties, all unpaid invoices are assessed a monthly recurring late payment fee of 2% of any delinquent balances on invoices per paragraph 4 of the Terms and Conditions of the said Contract and Addendums. COUNT I-Breach of Contract 14. Paragraphs 1 through 13 are incorporated herein. 15. The Plaintiff fulfilled all the provisions of the contract, addendum and requests for additional work per work orders which were performed on a time and material basis as agreed between the parties. 16. On or about November 14, 2011, Plaintiff submitted to Defendant Invoice No. 10113-64 in the amount of $16,678.43; however, Defendant has not made payment in accordance with the terms and conditions of the referenced Contract and Addendums. (Copy of Invoice is attached as Exhibit H). 17. On or about November 16, 2011, Plaintiff submitted to Defendant Invoice No. 10113-70 in the amount of $1,189.90; however, Defendant has not made payment in accordance with the terms and conditions of the referenced Contract and Addendums. (Copy of Invoice is attached as Exhibit I). 18. On or about November 16, 2012, Plaintiff submitted to Defendant Invoice No. 10113-Gate in the amount of $120.00; however, Defendant has not made payment in accordance with the terms and conditions of the referenced Contract and Addendums. (Copy of Invoice is attached as Exhibit J). 4 19. On or about November 16, 2012, Plaintiff submitted to Defendant Invoice No. 10113-VFD in the amount of $300.00; however, Defendant has not made payment in accordance with the terms and conditions of the referenced Contract and Addendums. (Copy of Invoice is attached as Exhibit K). 20. On or about November 23, 2011, Plaintiff submitted to Defendant Invoice No. 10113-68 in the amount of $4,814.26; however, Defendant has not made payment in accordance with the terms and conditions of the referenced Contract and Addendums. (Copy of Invoice is attached as Exhibit L). 21. On or about November 23, 2011, Plaintiff submitted to Defendant Invoice No. 10113-74 in the amount of $3,517.56; however, Defendant has not made payment in accordance with the terms and conditions of the referenced Contract and Addendums. (Copy of Invoice is attached as Exhibit M). 22. On or about December 9, 2011, Plaintiff submitted to Defendant Invoice No. 11110 in the amount of $319.27; however, Defendant has not made payment in accordance with the terms and conditions of the referenced Contract and Addendums. (Copy of Invoice is attached as Exhibit N). 23. On or about December 9, 2011, Plaintiff submitted to Defendant Invoice No. 10113-81 in the amount of $334.22; however, Defendant has not made payment in accordance with the terms and conditions of the referenced Contract and Addendums. (Copy of Invoice is attached as Exhibit O). 5 24. On or about January 30, 2012, Plaintiff submitted to Defendant Invoice No. 10113-80 in the amount of $159.00; however, Defendant has not made payment in accordance with the terms and conditions of the referenced Contract and Addendums. (Copy of Invoice is attached as Exhibit P). 25. On or about January 30, 2012, Plaintiff submitted to Defendant Invoice No. 10113-81 in the amount of $98.58; however, Defendant has not made payment in accordance with the terms and conditions of the referenced Contract and Addendums. (Copy of Invoice is attached as Exhibit Q). 26. On or about January 30, 2012, Plaintiff submitted to Defendant Invoice No. 10113-90 in the amount of $2,373.46; however, Defendant has not made payment in accordance with the terms and conditions of the referenced Contract and Addendums. (Copy of Invoice is attached as Exhibit R). 27. On or about March 19, 2012, Plaintiff submitted to Defendant Invoice No. 12014 in the amount of $90.00; however, Defendant has not made payment in accordance with the terms and conditions of the referenced Contract and Addendums. (Copy of Invoice is attached as Exhibit S). 28. On or about May 31, 2012, Plaintiff issued a credit memo to Defendant in the amount of $2,401.31. 29. Interest continues to accrue on the unpaid balances of these invoices in accordance with the terms and conditions of the referenced contract and addendums thereto, i.e., 2% per month of all unpaid invoice balances. 6 30. Plaintiff has repeatedly demanded payment of the amount due per the invoices, but Defendant has wholly neglected and refused to pay the same or any part thereof. WHEREFORE, Plaintiff respectfully requests judgment in its favor and against the Defendant, Keystone BioFuels, Inc., in the amount of Thirty-five Thousand Four Hundred Twenty-two and 23/100 Dollars ($35,422.23), court costs of this action, and interest at the rate of 2% per month on all unpaid invoice balances, and any other relief deemed appropriate by this Honorable Court. COUNT II: QUANTUM MERUIT 31. Paragraphs 1 through 30 are incorporated herein by reference. 32. Benefits were conferred by Plaintiff upon Defendant through the labor of Plaintiff and material of Plaintiff. 33. Plaintiff with great skill, expertise, and dedication performed all work requested by Defendant with the expectation and promise to be paid for the material used and work performed for Defendant's benefit. 34. Defendant received the benefit of the expertise, labor and material provided by the Plaintiff. 35. The Defendant has accepted and retained the said benefit. 7 36. It would be inequitable for the Defendant to retain the benefit provided by Plaintiff without Defendant's payment of value for those services. WHEREFORE, Plaintiff respectfully requests judgment in its favor and against the Defendant, Keystone Biofuels, Inc., plus court costs of this action, and interest, any other relief deemed appropriate by this Honorable Court. Respectfully submitted, COYNE & COYNE, P.C. Dated: J 2 2 ~ 1~ By: Lisa Marie Coyne, E quire Pa. upreme Ct. No. 53788 1 Market Street Camp Hill, PA 17011-4227 (717) 737-0464 Attorneys for Plaintiff 8 04tlTTFCMNOIOSlFS INC. Orbit Technologies, lnc. lU9 Locus! Street East Berlin PA 1 ?_i16 Telephone 71 ? 619 7163 F,~4X 717 619 7164 Revised Contract 90341 Rev-1 January 11, 2011 -ro: Keystone BioFuels 485 St John's Church Road Ste 110 Shiremanstown, PA 17011 JOB: Keystnne Bio Fuels New Plant Dear Mr. Wootton, Attached is a revised contract based on the permit ready set of plans provided by the electrical engineer. We would like the opportunity to review with you the scope of work and. price contained in this revised contract included herein. As you will note the scope of work and associated price has increased substantially since we entered into the original contract for electrical wark for the new plant. This is a direct result of increased lighting, service equipment and explosion proof fixtures and switches/receptacles required by the engineers design and also the addition of a fire alarm system.. As time is of the essence on this project please call me with questions or concerns on my cell 717 870 5760. Work Descriation: Service aanels for equiament: • Both. services listed above will have metering devices installed. • This includes all conduit and wire necessary. This price is based on using all IMC conduits in the building. • The large tank room is a Division I class I area and the material and wiring will be installed accordingly. • OTI will relocate from your existing facility the step down transformer and 200 amp board to be reused in the new facility. • OTl will install new feeder to the following equipment. o Two Chillers (supplied by Trane) o Twa new boilers and one existing boi er 0 One cooling tower. o Two Air condition units. o Pump for the train. rail area. o Pump for the Methanol o Filter press o Pumps from the PLC panels that are located on the existing tanks and floor of the production area (already existing in the old facility) Liehtine • Six (6) explosion proof lights will be installed in the sodium Methylate storage area. • Twenty Six (26} explosion proof lights in storage area. • One (1) explosion proof exit light in the storage area. Thirty One (1) explosion proof lights in the processing area • Two (2) explosion proof exit lights in the processing area. • Twelve (12) 4 ft industrial fixtures with cages in the mechanical area. • One (1) exit light in the mechanical room. • One eight pole 20 amp lighting contactor to control the hi-bay overhead fixture in the storage area and process controh Install a single pale switch in the process control area to control the lights. Power Distribution Install one (1) 1600 amp free standing section of gear in substation 4 room. • Install a 300 amp breaker in the sectian of gear listed above to feed the high bay lights. Make connection of existing wire and conduit into gear. Remove the distribution section of substation. 4 and replace with gear noted above • Remove (1) 1600 amp free standing sectian of gear in substation 5 room and replace with a new 1600 amp free standing section of gear. New Gear has a 1600 amp main breaker & an additional conduit run 4 inch IMC with 4 - SOOMCM & 2/0 ground will be installed to bring the service to code compliance. • Install a new 400 amp 480 volt panel loaded with breakers to handle ~~ the new pumps installed as part of the project. • Install four (4) 100 amp 600 volt explosion proof rated disconnect switches and make connection to the Bio Diesel Load out pumps located in storage area. • Lnstall one (1 } 30 amp explosion proof motor starter combination unit and make connection far the overhead garage door in the storage area • Install three (3) 100 amp explosion proof motor starter combination units and make connections for the BIODIESEL transfer pumps and the Soy receiving pumps. • Install ane (1) 100 amp explosion proof motor starter combination unit and make connection for the Soy Oil Transfer Pump. • Insta1130 amp explosion proof motor starter combination unit and. make connections to the following motors in the sodium methalate transfer pump area. o Filter Press o Sodium Methalate Transfer pumps. • Install two (2) 100 amp NEMA-1 motor starter disconnects for the Say oil receiving pumps in the existing pump hawse, * Make connections to the motors. • Install two (2) NEMA - 1 100 amp disconnects and two (2) NEMA-3 starters for the sodium methylate in and methanol in pumps. * make electrical connection to the motors. • Install a NEMA-1 30 amp motor starter disconnect combo uni for the Glycerin Out pump. * make electrical connection to the motors. • Install one (1) NEMA-1 100 amps disconnect for the Methanol transfer pump. * make electrical connection to the pump. • Install a 200 amp NEMA-3R disconnects an the Makeup Air RTU. 0 Temperature sensors. Lighting system~ • OTI will. replace the existing lights that are not in working condition. • OTI will install a new circuit from the emergency/normal panel to feed lights required by the NEC. • OTI will re-lamp and clean the 45 existing high bay fixtures in the production area. This will require use of the overhead cranes. Any charges to replace or repair faulty fixtures are not included in the proposal. Demo • [n the existing facility OTI will remove the following. A(1 attempts to re-use the existing equipment will made, with credits issued to the owner. o Feeder to the PLC cabinets. o Conduit/wire to the exiting pumps, temperature sensors, explosion proof boxes o Start/stop stations 0 45 KVA transformer 0 200 amp sub panel o Conduit and wire New Facility • In the new facility OTI will remove the following equipment to make room for the new equipment and bring the site up to current codes. a Remove unused conduit and wire as necessary per the code. o Remove unused electrical devices. o Remove non-functional electrical devices such as exit lights, normal lights, panels, disconnects. Starters ect... General Construction Items; • OTI will provide the fallowing as part of the our proposal o Electrical Permit o MDIA inspection o Dumpster o Equipment necessary to a complete working electrical service. Excluded items: • Until further information is provided by the building owner and design team the following systems have been excluded frarn our project pricing. o Voice and data wiring New Wark Items added per the Permit Set of plans dated 12/28/2010 • Add five (5) &0 amp explosion proof disconnects in the process control area to the mixer motors that exceed. the allowable distance from control center. See note 2 on plan E-202 New Feeders • Install the following three phase 480 feeder to each piece of equipment listed below. o Make up Air unit - 110 amps 0 50 amp feed to each of the following pumps. • Soy oil receiving • Sodium methylate "in" pump • Methanol "in" pump • Glycerin "out" pump • Four (4) Biodiesel load out pumps • Soy Oil Transfer pump • Biodiesel. Transfer pump • Soy oii receiving pumps (2) 0 20 amp feeds to each of the fallowing pumps • Methanol transfer pump • Overhead door • Existing heaters that are connected via extension cords total of six unit heaters. Fire Alarm • Install explosion proof light horn/strobes as noted an the plans. • Install a new 50 point fire alarm system in the electrical room. • Provide a dry contact to building FA system * building owner is responsible for connection into existing system. • Install a monitoring module to monitor the existing FA system and send. our new system into alarm.. The amended contract amount for this project is Five Hundred Ninety Two Thousand dollars $530,000.00 General Conditions 9 . All applicable taxes are included in our submission. 2. The contractor shall not be held liable for errors or omissions in designs by others, nor inadequacies of materials and equipment specified or supplied by others. 3. Equipment and materials supplied by the contractor are warranted only to the extent that the same are warranted by the manufacturer. 4. The contractor shall not be liable for indirect loss or damage. 5. Unless included in this contract, all bonding and/or special insurance requirements are supplied at additional cost. 6. Anything (verbal or written), express or implied elsewhere, which is contrary to these conditions shall be null and void. Respectfully, Bi I yers, Orbit Technol gies Inc Exclusions: Sincerely, Approved by: Print Name: !~~ <~ U`~~-+~~rr~ .: ~ t ~ ~1 • . iv i". Bill Byers TernB and Confititms I. Scope qf, Work:. Orbit Teotmalogies, Inc. ("OTI"j will execute the wank requested and described in our propt~cal, or listed on our work order, diligently and in a gwd and workmanlike manner, free of defects rat inherent in this type of work. This scope of work and corresponding price were developed in reliance upon the accuracy of the plans and/or specifications provided to OTtin prin[ed farm or verbally by you. 2. Additional _Cc~ts; 'the casts of payment and performance bonds and government permits are not reflected in the price quoted unless specifically stated in our proposal or on our work ardor and w}I! Ix: an additional charge, if required. Excavation, if specifically included in our proposal, consists of earth removal only. Rack excavation if reyuired wilt be an extra charge. - E~rorn_or Omisswns_in Cost sttmates;. OTI has prepared labor. material and subcontractor wet estimates haled upon information provided ny you Estimates of required quantities, types and quality of material and lobar have been prepared on a best effort basis. However, should we subsequently discover that we have made a significant error(s) in estimating the quantity cx ty}>e of material, labor or sutx;ontract services needed for the project we reserve the right to present documenbttian to you on Ute nature and wet of the error or omission and request a change in the proposal price to ccnnpensate us for the increased arts within ~ days of identifying such error or omission. You have the right to approve or decline any such price change. Should you dechne tct accept the price change, you or OTI may immediately terminate our services and you will be responsible only for materials, lakxx and subcontract services provided to the date of termination priced as indicated in item 5 below, 4. Payment;. Yuu agree to pay all invoices in full within thirty days of the invoice date, A late payment fee of 2% of any delinquent balance will be assessed on [he last day of each calendar month Ute invoice becomes or remains delinquent. Late Fees will continue to accrue until all past due amounts are paid in full. It' yew fail to pay any invoice within thirty (30j days of the invoice date, OTI may at its discretion stop all work without notice and without any respamibility for any damages of any type resulting from such action. You will be responsible far attorney's fees, costs, and disbursements incurred by OTI in pursuing collection against you. All materials and equipmem incorporated into the work shall retrain OTI's property until paid in full. On projects exceeding $S(100, OTI may require a 30 percem deposit prior to starting work and periodic progress invoicing and payments as work progresses. Specific requirements for depcxits and progress invoicing will be specified in ewr proposal. S. Changes and Extra Wprk: The cost of any deletion from, moclifieation of ar addition u> the wark wvered by this Proposal will be added to or deducted from the price. ht the case of extra work, OTI will charge direct casi4 plus a grass profit percentage nor to exceed 30% for overhead and 10% for profit. Charges far extra work will he invoiced as extra work progresses, concurrently with regular progress invoices, as described in paragraph 3. Orders fix extra work should be made in writing, with the price agreed ro in advance. Nevertheless, OTI is entitled to he paid for extra work, whether the extra work is reduced to writing nr not. Extra work includes any increased costs of labor, including overtime, or materials, resuhing Pram any change of schedule, acceleration of work effort, out of sequence work or delay caused by others far wham OTC is not respattsible. 6. Materal._and Subcontractor Pricc_C~ es:, O'II will endeavor to obtain fixed material and subcontractor prices from vendors far all proposals. Vendors typically will commit to fixed prices for 30 days. lnereased material or subcontractor eats resulting from delayed acceptantx of proposals beyond a 30 day period or delays in construction timing once a proposal is approved will he charged as a change ardor at the price ncued io item 4 above. 7. Hazardous Materials: OTI's obligation under this proposal and any subsequent contract does not include the identification, abatement or removal of any asbestos producic or other hazardans substances. In the event such products or substances are enccwntered or suspected, O'il's sole obligation is to stop work fn the affected area and notify you immediately. OTI has the right [o suspend the work until such products ar materials alai the resultant hazards are removed. The time for completion of the work shall be extended to the extent caused by the suspension anti the price equitably adjusted pursuant to paragraph 5 hereunder. K. C(zanup; At all times during the progress of the wark, and upon completion of the work, OTI will clean up and remove materials and debris resulting from OTI work. OTC will keep its work area in a neat and broom-clean condition. 9. Insurance:. OTI will provide Commercial General Liability insurance with a limit of liability of at Icast $1,000,(x)0 per occurrence and in the aggregate. OTI wilt also provide Automobile Liability Insurance and Workers' C:ompensatfan Insurance of at least $1.(xx),Otxl. You shall purchase and maintain all risk insurance, including coverage far OT['s interest, upcut the full value of the work performed and/or materials and equipment delivered to the jobsite. 10. Risk of Lens: You the customer will bear the risk of loss for destruction of or damage to the work performed under this Proposal or any materials, equipment or caber items inwrporated or to be incorporated therein once installed ar located at your site. I L Warranty;. OTl warrants its workmanship hereunder shall be free from defects for one year from the dale of substantial completion of OTl's work. OTI will wrrect any OTI workmanship issues without charge. If material or items of equipment proves defective and are not the result of OT[`s workmanship, OTI will extend to you the benefits of any warranty OTI has received from the manufacturer. Removal and reinstallation of any equipment or materials repaired or replaced under a manufactumr's warranty (not paid by the Manufacturer) will be at your expense and at U"ft's rates then in effect. You accept ttx: obligation to maintain all parts and equipmettt in accordance with the manufacturer's recommendations. FA1Zt7RE TO MAINTAIN PARTS OR Et:1U]PhiEIV'P WILL VOID ALL WARRANTIES PROVIDED HEREIN. l2. Lrmitation_of_[,iability Under no circumstances, whether arising in contract, tort (including negligenc:ej, equity or otherwise, witl OTI be responsible for loss of use, loss of profit, increased operating nr maintenance expenses, ar any special, indirect or canceyttential damages incurred by you the customer or any other party claiming damages as a result of our work effort. You the customer agree ua hold harmless qTI from any such claim including payment of Iegal fees and expenses. 13. Construction„and Jurisdiction: This agreement shall be construed under and in accordance with the laws of the Cornmonwealth of Pennsylvania, without consideration to its conflict of laws provisions. Any action arising aut caf this agreement shall be brought in the United States District Cewtt for the Middle District of Pennsylvania or in the Ccwrt of Common Pleas of Dauphin County in Harrisburg, Petvtcylvania. l4. Wgive_r_ qne or more waivers of any right, obligation ar default of this agreement shall not tae construed as e waiver of any subseyuettt or other right, obligation or default. l5. Oft~r and Acceptatace,; This Proposal is att offer to enter into a binding Agreement. The offer is available far you to accept during the next thirty days. Yau may acknowledge your accepwnce of this offer by the signawre of an authorized individual where indicated ar by first permitting OTI to begin the work. If any of the terms contained in this proposal are changed by you, your signature shall cotastitute a cauntemffer, which OTI may accept or reject. The effective date of dais Agreement shall be the last date on which one of the patties either signs this Agreement or acknowledges agreement to alt of the contract pmvisionc by initialing changes. This Agreement describes all of the patties' obligations and incorporates any and all prior discussions, representations and communications concerning the wprk. Any madificatiom to the Agreement may only be made in writing acknowledged by an authtxized representative oP both parties. Should you accept gtis proposal through any other means or document, verbal or otherwise, including a legal emttract prepared fay your anarney, you agree to the terms stated atxave and in the case of a written eantract you agree to include the ternts of this offer into that document by reference. OllllTTECNNOLOGiES INC. Orbit Technologies, Inc. 209 Locust Street East Berlin PA 17316 Telephone 71 7 619 7163 FAX 71 7 619 7164 Addendum 1 to Electrical Contract 90341 Addendum 1 March 31, 2011 TO: Keystone BioFuels JOB: Keystone Bio Fuels New Plant Dear Mr. Wootton, Attached is Addendum 1 to our electrical contract based on the permit approved set of plans provided by the electrical engineer with revisions as of 3/31/201 1. This addendum reflects all of the changes requested by all parties (engineer, owners and municipality) since we entered into our electrical contract dated January, 2011 in the amount of $530,000. Since this addendum contains numerous and extensive changes to the scope of our work, we would like the opportunity to review the details with you. As you will note the scope of work and associated price has increased since we entered into the electrical contract for the new plant. This is a direct result of increased lighting, additional disconnects, conduit & wiring and explosion proof fixtures and switches/receptacles required by the engineers and Keystone Bio Fuels design. As time is of the essence on most of these changes/additions please call me on my cell 717 870 5760 with any questions or concerns and to arrange a meeting to discuss these items. Orbit Technologies, Inc Page 1 of 6 Electrical Contract Addendum 1 Dear Mr. Wootten: Additional Work Items added per the Permit Set of plans dated 2/02/2011 and the Owners Rectuests through March 31, 2011: Lighting • Remove four (4) strip light fixtures under the walkway and replace them with four (4) explosion proof 4'ft fixtures. • Remove the two (2) exit lights under the walkway and replace them with two (2) explosion proof exit fixtures. Power Distribution • Change the motor starter combo units from NEMA 1 units to Class I Div. II per the note on plan E-201. This effects five motor starter disconnects units. o Sodium methylate "in" pump o Methanol "in" pump o Methanol Transfer Pump o Glycerin "out" pump o Exhaust Fan * this is a new motor starter unit. • Install a new explosion proof motor starter disconnect for the exhaust fan in the storage area. • Add additional section to panel 1 HP2 to handle the additional pumps, and devices. • Install emergency stop stations on the mezzanine top and lower areas as discussed with Andy. For a total of 10 units. • Install start /stop switches in the process area Mezzanine level to control the following pumps o Sodium transfer pump Orbit Technologies, Inc. Page 2 of 7 Electrical Contract Addendum 1 Dear Mr. Wootten: Power Distribution (continued) o Methanol transfer pump • Install two start stop switches in the process area Mezzanine level to control the Soy Oil Transfer pump. • Install start stop stations at the Bio Diesel load out area. • Install Div. I Class I disconnects for the two (2) new heaters in the sodium methylate storage area. • Provide start/stop stations on all motor starter combo units. • Provide NEMA 1 motor starter disconnects for the two circulation pumps mounted next to the boilers. New Feeders • Install the following three phase 480 feeder to each piece of equipment listed below. 0 30 amp feed to the Heater #1 0 30 amp feed to heater #2 0 40 amp feed to exhaust fan in the storage area 0 20 amp feeders to circulation pump # 1 0 20 amp feeder to circulation pump #2 0 20 amp feeder to the exhaust fan • Install the following 120/208 volt conduit and wire between the equipment listed below. Start stop stations to pumps listed below. o Sodium transfer pump Orbit Technologies, Inc. Page 3 of 7 Electrical Contract Addendum 1 Dear Mr. Wootten: New Feeders -Continued o Methanol transfer pump o Soy Oil Transfer pumps. • Install conduit and wiring between the start stop stations and the PLC cabinets. • Provide seal offs for the conduit in the new Div. I Class II locations. • Extend the feeder pipes for panel 1HP2. The panel had to be relocated due to the increased size to accommodate the additional equipment. • Install conduit and wiring to the start stop stations at the Bio Diesel load out area. Demo: • Additional demo to remove conduit and wiring at the old plant from the source due to the building owners requirements. • Remove disconnects, fire alarm devices in the as noted on the plans in the process area due to the 43ft rating. Deletions of Material and Labor From Contract: • Remove feeder for the heat exchanger. • Remove conduit and wiring to pumps to the load out equipment. • Remove 1 /2 conduit feeder to the PLC cabinets. Orbit Technologies, Inc. Page 4 of 7 Electrical Contract Addendum 1 Dear Mr. Wootten: Excluded items• • Until further information is provided by the building owner and design team the following systems have been excluded from our project pricing. o Voice and data wiring o Security System o Disconnects on mixer motors o Relocation of PLC cabinets o Receptacles in process and storage area Addendum Price This addendum can be completed for the sum of One Hundred Eleven Thousand Four Hundred Seventy Five Dollars and Eighty Cents ($111,475.80). This incorporates the additional work effort described above of $128,866.80 and credits for deleted items described above of $17,391. The following itemized list details the price changes included per this Addendum: Orbit Technologies, Inc. Page 5 of 7 Electrical Contract Addendum 1 Dear Mr. Wootten: 1. Lighting $ 14,316.36 2. Up Grade explosion proof disconnects - $ 25,363.00 3. Add 5 explosion proof receptacles Not included in this addendum 4. Add Emergency Start/stop and Emergency push buttons $ 33,590.34 5. Exhaust fan power $ 13,812.86 6. Circulation Pumps $ 10,078.48 7. Heaters power feeds $ 14,835.76 8. Demo $ 6,600.00 9. Relocate and add section to panel 1HP2 $ 10,270.00 10. Credit for Deleted Work $ (17,391.00) Total Increase Sum $ 111,475.80 Orbit Technologies, Inc. Page 6 of 7 Electrical Contract Addendum 1 Dear Mr. Wootten: General Conditions Related to Pricing and Scope of Work 1. All applicable taxes are included in our submission. 2. The contractor shall not be held liable for errors or omissions in designs by others, nor inadequacies of materials and equipment specified or supplied by others. 3. Equipment and materials supplied by the contractor are warranted only to the extent that the same are warranted by the manufacturer. 4. The contractor shall not be liable for indirect loss or damage. 5. Unless included in this contract, all bonding and/or special insurance requirements are supplied at additional cost. 6. Anything (verbal or written), express or implied elsewhere, which is contrary to these conditions shall be null and void. Addendum Approved by: Signature William Byers, President Orbit Technologies Inc Date Exclusions (if any): Sincerely, Bill Byers President Signature Keystone Bio Fuels Print Name: Date Orbit Technologies, Inc. Page 7 of 7 OMIT TEtNNOtOGIFS INC. Orbit Technologies, Inc. 209 Locust Street East Berlin PA 17316 Telephone 717 619 7163 FAX 717 619 7164 Addendum 2 to Electrical Contract 90341 Addendum 2 April 27th 2011 TO: Keystone BioFuels JOB: Keystone Bio Fuels New Plant Dear Mr. Wootton, Attached is Addendum 2 to our electrical contract based on the permit approved set of plans provided by the electrical engineer with revisions as of 3/31/201 1. This addendum reflects the installation of explosion proof receptacles in the process and production areas as requested by all parties (engineer, owners and municipality) which were not included in our electrical contract dated January, 2011 or Addendum 1 dated March 31, 2011. Additional Work Items added per this Addendum 2 as required by the Permit Set of plans dated 2/02/2011 and the Owners Reguests• Provide four (4) explosion proof receptacles -two (2) in the storage area and two (2) in the processing area. * This is a change from the nine receptacles noted on the blue prints. The plans will need to be modified to reflect these changes. Orbit Technologies, Inc Page 1 of 6 Electrical Contract Addendum 2 Dear Mr. Wootten: Excluded items: • Until further information is provided by the building owner and design team the following systems have been excluded from our project pricing. o Voice and data wiring o Security System o Disconnects on mixer motors o Relocation of PLC cabinets Addendum 2 Price This addendum can be completed for the sum of Twelve Thousand Five Hundred Dollars and zero Cents. Total Current Contract value including Addendum 1 and 2 is 653,975.80 Base contract 530,000.00 Addendum #1 111,475.80 Addendum #2 12,500.00 Orbit Technologies, Inc. Page 2 of 3 Electrical Contract Addendum 2 Dear Mr. Wootten: General Conditions Related to Pricing and Scope of Work 1. All applicable taxes are included in our submission. 2. The contractor shall not be held liable for errors or omissions in designs by others, nor inadequacies of materials and equipment specified or supplied by others. 3. Equipment and materials supplied by the contractor are warranted only to the extent that the same are warranted by the manufacturer. 4. The contractor shall not be liable for indirect loss or damage. 5. Unless included in this contract, all bonding and/or special insurance requirements are supplied at additional cost. 6. Anything (verbal or written), express or implied elsewhere, which is contrary to these conditions shall be null and void. Addendum Approved by: Signature William Byers, President Orbit Technologies Inc Date Exclusions (if any): Sincerely, Bill Byers President Signature Keystone Bio Fuels Print Name: Date Orbit Technologies, Inc. Page 3 of 3 ORIIT TFCNNOIQGff3 1NC. Orbit Technologies, Inc. 209 Locust Street East Berlin PA 17316 Te[e1~6one 917 6.19 7163 FAX 917 d l9 Z164 Addendum 3 to Electrical Contract 90341 Addendum 3 May 9th 2011 TO: Keystone BioFuels JOB; Keystone Bio Fuels New Plant Dear Mr. Wootton, Attached is Addendum 3 to our electrical contract is based.. on the customer supplied PLC cabinets not being Division 1 Class 1 rated. This addendum reflects the installation of explosion proof disconnects in the process area that is necessary for moving the PLC controllers outside of the processing area. Additional Work Items: 1. Provide and install fifteen (15) additional explosions proof disconnects for the mixer motors in the processing area. 2. Extend the power conduits & conductors that feed the motors and Low voltage conduits & conductors for the Sensors/solenoids to PLC panel locations outside of the processing area. This includes all motors in the processing area fed from the PLC cabinets. Orbit Technologies, inc Page 1 of 6 EEectrical Contract Addendum 3 Dear Mr. Wootten: Excluded items: • Until further information is provided by the building owner and design team. the following systems have been excluded from our project pricing. o Voice and data wiring o Security System Addendum Price This addendum can be completed for the sum of Sixty One Thousand Dollars (61,000.00) Total Current Contract value is 714,957.80 Base contract 530,000.00 Addendum #1 11.1,457.50 Addendum #2 12,500.00 Addendum #3 61,000.00 Orbit Technologies, Inc. Page 2 of 3 Electrical Contract Addendum 3 Dear Mr. Wootten: General Conditions Related to Pricing and Scope of'Woric 1. All applicable taxes are included in our submission. 2. The contractor shall not be held liable for errors or omissions in .designs by others,: nor inadequacies of materials and equipment specified or supplied'by others. 3. Equipment and materials supplied by the contractor are warranted only to the extent that the same are warranted by the manufacturer. 4. The contractor shall not be liable for indirect Foss or damage. 5. Unless included in this contract, all bonding and/or special insurance requirements. are supplied at additional cost. 6. Anything (verbal or written), express or implied elsewhere, which is contrary to these conditions shall be null and void. Addendum Approved by: Signature William Byers, President Orbit Technologies Inc Date Exclusions (if any): Sincerely, Bill Byers President ---- ---------- Signature Keystone Bio Fue Print Name:---1~~hL_ ~°^! __-- Date Orbit Technologies, Inc. Page 3 of 3 01lE1T TECHNOlt3CtE3 Ip{C, Orfiit Techrrnlogies, Inc. 209 Locust Street East Ilerfin Pd 17376. Telrpirarre 71 7 679 7163 FAX 7i 7 619 7764 Addendum 4 to Electrical Contract 90341 Addendum 4 May 10th 2011 TO: Keystone BioFuels JOB: Keystone Bio Fuels. New Plant Dear Mr. Wootton, Attached is Addendum 4 to our electrical contract. This addendum is required as a result of the Bio Column & GLYC column control cabinets not meeting the Division 1 Class 1 rating. This addendum reflects the installation of explosion proof disconnects in the process area within the distance of the equipment required by NEC codes and the moving of the control cabinets outside of the processing area. Additional Work Items: "see the attached sketch" 1. Provide and install fifteen (7) additional explosions proof disconnects for the motors in the processing area. 2. Provide explosion proof whips and seal off s at each of the seven motor locations. 3. Extend the power conduits & conductors that feed the motors. to the new control cabinet locations via the explosion proof disconnects Orbit Technologies, Inc Page 1 of 6 Electrical Contract Addendum 4 Dear Mr. Wootten: 4. Extend the low voltage conduits & conductors to the new control cabinet locations. Excluded items: • Until fitrther information is provided by the building owner and design. team the following systems have been excluded from our project pricing. o Voice and data wiring o Security System Addendum Price This addendum can_be completed for the sum of Thirty Three Thousand Doilars {33,000.00) New contract value including Addendum #4 is 747,857.80 Orbit Technologies, lnc. Page 2 of 3 Electrical Contract Addendum 4 Dear Mr. Wootten: General Conditions Related to Piricing and Scope of Work 1. All applicable taxes are included in our submission. 2. The contractor shall not be held liable for errors or omissions in designs by others,. nor inadequacies of materials and equipment specified or supplied by others. 3. Equipment and materials supplied by the contractor are warranted only to the extent that the same are warranted by the manufacturer. 4. The contractor shall not be liable for indirect loss or damage. 5. Unless included in this contract, all bonding and/or special insurance requirements are supplied at additional cost. 6. Anything (verbal or written), express or implied elsewhere, which is contrary to these conditions shall be null and void. Addendum Approved by: Signature Signature William Byers, President Keystone Bio Fu~Js Orbit Technologies Inc Print Name:__ ~ ~~~,r_____Y ------------ _~ 1~ ~/ --- Date Date Exclusions (if any): Sincerely, Bill Byers President Orbit Technologies, inc. Page 3 of 3 60A EXPLOSION PROOF 30A EXPLOSION PROOF DISCONNECT SW ITCH OISCONNECT SW ITCH MOTOft.(TYP OF 4 EXPLOSION PROOF WHIP (~ (, FIELD VERIFIV#OF WIRES t-114"CONDUff FOR ~ 7 7 ~ FOR CONTROLS POWER -.__ (TYP OF 4) .._ ti J ~ WALL DISCONNECT BW~TCHF~ rl ~ - ~ ,~ 30"X30"XB" BIODIESEL METHANOL ~J I I,J (,I RECDVERY CONTROL PANEL JI J ---~ _ ~ (~ EXPLOSION PROOF SEAL 30"X24"X8' GLYCERIN METHANOL ----- ----~ ---- - RECOVERY CONTROL PANEL -----1; ~, ,~---.._ _ _,___ OFFS (TYP OF 6) . _ I III v- t-1/4" CONDUIT ~ JUNCTION BOX 'ul FOR CONTROLS I-1@' CONDUIT ~'- WIRE TROUGH FOR POWER -- t-112" CONDUIT FOR CONTROLS ~ RISER DIAGRAM ~Z\ 3D VIEW - - ---_.... J /'!~ [~ ~ oT~ ~~ i No _ Description __ __ _ ~8 R' __ _ ---- - - f SER /''1UtOC~~S ~~'VI~ i ~- - - -~~ Pmjed number P~;ed ~~ WWW.autodesk.COm/revit KEYSTONE BIOFUELS -- ~-~~~~~ ~ ----- - -~ ~---~ -- Date _ S14Y-N S K E 1.1 Dreimby SAB _ Checked by BLB Seat 1.'8" = 1'-0' a a m: ~, 01117 TECNNOIOGIFS INC. Orbit Technologies, Inc. 209 Locust S[reet East Berlin PA 17316 Telephone 717 619 7163 FAX 71 7 619 7164 Addendum 5 to Electrical Contract 90341 Addendum 5 June 8th 2011 TO: Keystone Bio Fuels JOB: Keystone Bio Fuels New Plant Dear Mr. Wootton, Attached is Addendum 5 to our electrical contract. This addendum is for the work requested at part of the level sensor control project. This addendum reflects the installation of explosion proof connections to level sensor and flow meters in the process area, storage area and general work space. This addendum includes installing a 100amp feed to the new control unit mounted on the mezzanine. Additional Work Items: 1. Provide and install one (1) 100 amp 3 phase breaker in panel l HP2. 2. Provide and install conduit and wire to feed the new control panel (panel supplied and installed by others) from panel 1 HP2. This includes all explosion proof fittings necessary to pass through the process area. 3. Install a 1 i/a IMC conduit from the large tanks in the process area to the control panel located on the Mezzanine outside of Process area. This Orbit Technologies, Inc Page 1 of 6 Electrical Contract Addendum 5 Dear Mr. Wootten: includes all explosion proof fittings necessary for connection to the temperature sensor. 4. Install a 1 1/4 conduit from the PLC cabinets located in the non-classified area to the temperature sensors mounted on the large storage tanks in the storage area (Div. 1 Class 1). This includes explosion proof whips for the connection to the temperature sensors and a seal off for the conduit as it enters the storage area. 5. Provide an 18 x 18 X 8 deep junction splice box to convert from Temp sensor wire to # 18 control wire. 6. Install IMC 3/4 conduits from the new control cabinets on the mezzanine to the flow meter located in the process area. Incudes explosion proof whips and seal off. 7. Install two 1 %2 IMC conduits between the PLC cabinets and existing control cabinet being renovated. 8. Provide connection from the PLC cabinet to the three (3) flow meters located near the PLC cabinets in the non-classified area. 9. Professional services - OTI will add these conduits and connection onto the as build drawings for the inspector to review. Excluded items: • Until further information is provided by the building owner and design team the following systems have been excluded from our project pricing. o Voice and data wiring o Security System Orbit Technologies, Inc. Page 2 of 4 Electrical Contract Addendum 5 Dear Mr. Wootten: Addendum Price This addendum can be completed for the sum of thirty eight thousand five hundred dollars ($38,500.00) New contract value including Addendum #5 is $786,357.80 Orbit Technologies, Inc. Page 3 of 4 Electrical Contract Addendum 5 Dear Mr. Wootten: General Conditions Related to Pricing and Scope of Work 1. All applicable taxes are included in our submission. 2. The contractor shall not be held liable for errors or omissions in designs by others, nor inadequacies of materials and equipment specified or supplied by others. 3. Equipment and materials supplied by the contractor are warranted only to the extent that the same are warranted by the manufacturer. 4. The contractor shall not be liable for indirect loss or damage. 5. Unless included in this contract, all bonding and/or special insurance requirements are supplied at additional cost. 6. Anything (verbal or written), express or implied elsewhere, which is contrary to these conditions shall be null and void. Addendum Approved by: Signature William Byers, President Orbit Technologies Inc Date Exclusions (if any): Sincerely, Bill Byers President Signature Keystone Bio Fuels Print Name: Date Orbit Technologies, Inc. Page 4 of 4 OAIITTECNNOIOGIFS INC. Orbit Technologies, Inc. 209 Locust Street East Berlin PA 17316 Telephone 717619 7163 FAX 717679 7764 Addendum 6 to Electrical Contract 90341 Addendum 6 July 20, 2011tH TO: Keystone Bio Fuels JOB: Keystone Bio Fuels New Plant Dear Mr. Wootton, Attached is Addendum 6 to our electrical contract. This addendum is for the work requested at part of the boiler reconfigure and associated HVAC equipment. This addendum reflects the installation of power panels, transformers and conduit and wire to equipment in the general work space. This addendum includes installing control wiring to four valves in the storage area. Additional Work Items: 1. Provide and install one (1) 100 amp 3 phase breaker in substation five. 2. Install customer supplied (removed from existing site) transformer and 120/208 volt panel. 3. Install power feeds to the following. a. Existing boilers 1 & 2 b. Chemical control panel near the cooling tower. Orbit Technologies, Inc Page 1 of 6 Electrical Contract Addendum 6 Dear Mr. Wootten: c. Water tank controller d. Water softeners e. Air compressor 4. Install control wiring between three boilers and three louvers. 5. Remove existing electrical cabinets, disconnects as necessary to make room for the new Air Compressor and equipment (this is already completed). 6. Install four explosion proof switches in the process area to control the four valves located on the storage tanks. 7. Install conduit and wire between the switches and valves. This includes explosion proof whips, boxes and seal offs required by code. 8. Provide new circuit from the panel to the switches. This includes seal off s and fittings as required by code. Excluded items: • Until further information is provided by the building owner and design team the following systems have been excluded from our project pricing. o Voice and data wiring o Security System Addendum Price 1. Boilers and associated work - 34, 980.00 2. Solenoid Valves and associated work -19,400.00 This addendum can be completed for the sum of 54,380.00 New contract value including Addendum #6 is $840,737.00 Orbit Technologies, Inc. Page 2 of 3 Electrical Contract Addendum 6 Dear Mr. Wootten: General Conditions Related to Pricing and Scope of Work 1. All applicable taxes are included in our submission. 2. The contractor shall not be held liable for errors or omissions in designs by others, nor inadequacies of materials and equipment specified or supplied by others. 3. Equipment and materials supplied by the contractor are warranted only to the extent that the same are warranted by the manufacturer. 4. The contractor shall not be liable for indirect loss or damage. 5. Unless included in this contract, all bonding and/or special insurance requirements are supplied at additional cost. 6. Anything (verbal or written), express or implied elsewhere, which is contrary to these conditions shall be null and void. Addendum Approved by: Signature William Byers, President Orbit Technologies Inc Date Exclusions (if any): Sincerely, Bill Byers President Signature Keystone Bio Fuels Print Name: Date Orbit Technologies, Inc. Page 3 of 3 Orbit Technologies, Inc. 4635 West Smithfield Street Elizabeth, PA 15037 Phone No. 412 751 6534 Invoice ~~,.. may- ,_ tr 11/14/2011 10113-64 s.. Keystone Bio Fuels Keystone Bio Fuels 2850 Appleton Street 2850 Appleton Street Suite F Suite F Camphill PA 17011 Camphill PA 17011 O~ ~~~~ OTI Rep Phone WO Number P.O. Number Terms Rep Project Description 10113-64 signed work order BB 10113-64 Quantlt~ lbem erode t~escriptian UnttF'rlve Amount 159 Labor Technician Labor provided in accordance with our TBcM quotation. to install power to 60.00 9,540.00 the Heat exchanger 4 Material Material 3 inch rigid couplings 9.00 36.00 2 Material Material 3 inch LB 42.00 84.00 180 Material Material 3 inch IMC 9.80 1,764.00 4 Material Material 4" to 3" reducing bushings 9.00 36.00 22 Material Material 3" strut straps 3.36 73.92 5 Material Material 1.5 uni strut 2.00 10.00 6 Material Material Hilti drop in anchors 0.24 1.44 240 Material Material 2/0 wire 0.80 192.00 720 Material Material 500 MCM 2.15 1,548.00 13 Material Material 100 amp fuses 23.77 309.01 1 Material Material 600 amp breaker 2,140.00 2,140.00 15,734.37 Sales Tax ... Sales Tax Paid 0.06 944.06 Thanks for letting us serve you! Total $16,678.43 Payments/Credits $o.oo Balance Due $16,678.43 Due Dane. 12/9/2011 i~ E-mail 412 896 1993 rbyers@orbittechnologiesinacom Orbit Technologies, Inc. 4635 West Smithfield Street Elizabeth, PA 15037 Phone No. 412 751 6534 Invoice 11/16/2011 10113-70 t Keystone Bio Fuels Keystone Bio Fuels 2850 Appleton Street 2850 Appleton Street Suite F Suite F Camphill PA 17011 Camphill PA 17011 OTI RigprBserttative 717 619 7163 OTI Rep Phone WO Number P.O. Number Terms Rep Project Description 10113-70 signed work Order net 25 days BB 10113-70 Claa~ft;r = `ft~n Code Cfesaiption unit Price Amount 16 Labor Technician Labor provided in accordance with our Time and Material quotation to install 60.00 960.00 new feed for Air Compressor in Mech anical room for Flexicon Hopper. 1 Material Material Contractor 3 -pole 40 amps 93.75 93.75 20 Material Material 3/4IMC 1.51 30.20 1 Material Material 3/4 3 piece coupling 7.00 7.00 3 Material Material 3/4 strut straps 1.22 3.66 2 Material Material 3/4 sealtight connectors 3.97 7.94 5 Material Material 3/4 seal tight 1.90 9.50 3 Material Material 15 amp fuses 3.50 10.50 1,122.55 Sales Tax ... Sales Tax Paid 0.06 67.35 Thanks for letting us serve you! Total $1,189.90 Payments/Credits $o.oo Balance Due $1,189.90 Due': t?ate .12/11 /2011 1/a~ E-mail 412 896 1993 rbyers@orbittechnologiesinc.com Orbit Technologies, Inc. 4635 West Smithfield Street Elizabeth, PA 15037 Phone No. 412 751 6534 Invoice ~, _ .. ....., 11/16/2011 10113- Gate - _ . ~ ~ Keystone Bio Fuels Keystone Bio Fuels 2850 Appleton Street 2850 Appleton Street Suite F Suite F Camphill PA 17011 Camphill PA 17011 OTl Representative Bill Byers OTI Rep Phone 717 619 7163 WO Number P.O. Number Terms Rep Project Description 10113-gate signed work order net 25 days BB 10113 Electrical Work New Plant Quantity Item Cade Qescription Uni! Rrice Amoant 2 Labor Technician Labor provided in accordance with our time and material quotation to remove 60.00 120.00 power and control circuits from gate door controller. . Thanks for letting us serve you! Total $120.00 Payments/Credits $o.oo Balance Due X120.00 Due Dace 1.2/ 11 /2011 Fsix i<k E-mail 412 896 1993 rbyers@orbittechnologiesinc.com Orbit Technologies, Inc. 4635 West Smithfield Street Elizabeth, PA 15037 Phone No. 412 751 6534 Invoice ~, {~. 11/16/2011 10113-VFD r . - a. R-S; ~ a ~ ~.~. a'. r ti , N ~ CS-~r ~ Keystone Bio Fuels Keystone Bio Fuels 2850 Appleton Street 2850 Appleton Street Suite F Suite F Camphill PA 17011 Camphill PA 17011 OTI Representative Bill Byers OTI Rep Phone 717 619 7163 WO Number P.O. Number Terms Rep Project Description 10113-VFD signed work order net 25 days BB 10113 Electrical Work New Plant ~~ ;gym Gale Descriptian Urti~Pi~Gse Amount 5 Labor Technician Labor provided in accordance with our time and material quotation to re-wire 60.00 300.00 VFD for flash tank. Thanks for letting us serve you! Total $300.00 Payments/Credits $o.oo Balance Due $300.00 Due' ©ate 12/11/2011 Fax:# E-mail 412 896 1993 rbyers@orbittechnologiesinc.com Orbit Technologies, Inc. 4635 West Smithfield Street Elizabeth, PA 15037 Phone No. 412 751 6534 Invoice :, ~. 11/23/2011 10113-68 Keystone Bio Fuels Keystone Bio Fuels 2850 Appleton Street 2850 Appleton Street Suite F Suite F Camphill PA 17011 Camphill PA 17011 OTI Representative Bill Byers OTl Rep Phone 717 619 7163 WO Number P.O. Number Terms Rep Project Description 10113-68 work order net 25 days BB 10113-68 Gluenttty,: ,tlem Cade Description UnltFrice Amount 69 Labor Technician Labor provided in accordance with our time and material policy to install 60.00 4,140.00 conduit and wiring duct detectors. 2 Material Material 3/4 explosion proof couplings 14.00 28.00 5 Material Material 3/4 strut straps 1.22 6.10 90 Material Material 3/4IMC 1.51 1.35.90 20 Material Material 1/2 seal tight 1.90 38.00 6 Material Material 1/2 seal tight connectors 3.90 23.40 500 Material Material 18/2 fire alarm cable 0.32 160.00 3 Material Material Handy boxes 1.90 5.70 3 Material Material blank covers 1.55 4.65 4,541.75 Sales Tax ... Sales Tax Paid 0.06 272.51 Thanks for letting us serve you! Total $4,814.26 Payments/Credits $o.oo Balance Dine $4,814.26 Dtle Date 12/18/2011 F>ax # E-msil 412 896 1993 rbyers@orbittechnologiesino,com Orbit Technologies, Inc. 4635 West Smithfield Street Elizabeth, PA 15037 Phone No. 412 751 6534 Invoice 11/23/2011 10113-74 ~,l ~~ 115, 5 ~ ~ U ~ "i 1 i ""' ~ Y r ~ ~~~C . .. fl j f .' ~ . Y.~ l . '- 1~~.... .Y I~ `l !' i Keystone Bio Fuels Keystone Bio Fuels 2850 Appleton Street 2850 Appleton Street Suite F Suite F Camphill PA 17011 Camphill, PA 17011 OTl Representath~e Bill Byers OTI Rep Phone 717 619 7163 WO Number P.O. Number Terms Rep Project Description 10113-74 signed work order net 25 days BB 10113-74 soy oil additional push button Quantity' slam Cods Cescriptlon llnit~riGe Amount 44 Labor Technician Labor provided in accordance with our T&M policy to add pushbuttons and 60.00 2,640.00 light for soy oil transfer pump. 2 Material Material -leg brackets for strut 5.75 11.50 20 Markup Markup 3/4 strut straps 1.22 24.40 3 Material Material 3/4 LB 4.25 12.75 140 Material Material 3/4IMC 1.51 211.40 8 Material Material 34 rigid couplings 1.12 8.96 2 Material Material 2 L Brackets 5.50 11.00 16 Material Material 3/8 X 1 bolt 0.44 7.04 10 Material Material 1 inch IMC 2.30 23.00 2 Material Material 1 inch explosion proof couplings 24.00 48.00 1,800 Material Material # 12 THIIN 0.178 320.40 3,318.45 Sales Tax ... Sales Tax Paid 0.06 199.11 Thanks for letting us serve you! TOtal $3,517.56 Payments/Credits $o.oo Balance Due $3,s 17.s6 Due Date 12/18/2411 Pax # E-m>~it 412 896 1993 rbyersCorbittechnologiesinc.com Orbit Technologies, Inc. 4635 West Smithfield Street Elizabeth, PA 15037 Phone No. 412 751 6534 Invoice 12/9/2011 11110 i ~ - ~~ r ~ ,t ,1 ~~ ` ~ :~r~ 3t SLF 4 i i ~~ ~.-1 .. Keystone Bio Fuels Keystone Bio Fuels 2850 Appleton Street 2850 Appleton Street Suite f Suite F CampHill, PA 17011 Camphill PA 17011 OT1 Representative OTI Rep Phone WO Number P.O. Number Terms Rep Project Description BB 11110 Keystone boiler issues Guar :item Coda Description UnitRri~:e Rmount 5 Labor Technician Labor provided in accordance with our quotation. 60.00 300.00 10 Material Material 0.12 1.20 removed one starter and replaced with starter from office. This is equal price switch 301.2 Sales Tax ... Sales Tax Paid 0.06 18.07 Thanks for letting us serve you! Total $319.27 Payments/Credits $o.oo Balance Due $319.27 D ue Date 12/9/2011 Fax # E-mail 412 896 1993 rbyers@orbittechnologiesinc.com orbit Technologies, Inc. 4635 West Smithfield Street Elizabeth, PA 15037 Phone No. 412 751 6534 Invoice ..~~ .~ w 1/30/2012 10113-80 ~,.,, .4: Lr rh '~ t ~ t ~y, ~~° ~~ ~Y'~i 3. r d ~ ~ = 1 , { ~`~ i;~ F - a f,; ~ a-.:; ~, -r c 1 , L Bio Fuels Keystone Keystone Bio Fuels 2850 Appleton Street 2850 Appleton Street Suite F Suite F Camphill PA 17011 Camphill PA 17011 OTI Rep~sentat<ve Bill Byers OTI Rep Phone 717 619 7163 WO Number P.O. Number Terms Rep Project Description 10113-81 signed work order net 25 days BB 10113-80 install exp packing in add seals Quapr 1~ Code Description Unktfl`+riae Amount 2.5 Services Labor provided in accordance with our agreement to put fiber and Chico in seal offs that 60.00 150.00 was extra for push buttons, lights and accuload 150 Sales Tax ... Sales Tax Paid 0.06 9.00 Thanks for letting us serve you! Total $159.00 Payments/Credits $o.oo Balance Due $is9.oo Due Da#e ?/24/2012 E:aa.# - E-mail 412 896 1993 rbyers@orbittechnologiesinc.com Orbit Technologies, Inc. 4635 West Smithfield Street Elizabeth, PA 15037 Phone No. 412 751 6534 Invoice ~i ~ :~, 12/9/2011 10113-81 ', ~ ,, . ~, Keystone Bio Fuels Keystone Bio Fuels 2850 Appleton Street 2850 Appleton Street Suite f Suite F CampHill, PA 17011 Camphill PA 17011 OTI Representative bill byers OTI Rep Rhone 717 870 5760 WO Number P.O. Number Terms Rep Project Description 10113-81 signed work order net 25 days BB 10113-81 Glycrin control conduit QuaAi~ ; '. Ertl ode DescEiptit~tt' UMtwl:+rioe ~ ~anount 4.5 Labor Technician Labor provided in accordance with our quotation. 60.00 270.00 30 Material Material 3/4IMC 1.51 45.30 315.3 Sales Tax ... Sales Tax Paid 0.06 18.92 Thanks for letting us serve you! TOtal $334.22 Payments/Credits $o.oo Balance Due $334.22 Dtle l~~te 1/3/2012 ~; ' E-mail 412 896 1993 rbyers@orbittechnologiesinacom Orbit Technologies, Inc. 4635 West Smithfield Street Elizabeth, PA 15037 Phone No. 412 751 6534 Invoice ~t t'1 Y f ~~ ~. ,.. 1/30/2012 10113-81 ~~ „ r ~ i ~ ~k ~ ~ ~ '(" ~"( L ' ~ .~ ' . } Keystone Bio Fuels Keystone Bio Fuels 2850 Appleton Street 2850 Appleton Street Suite f Suite F CampHill, PA 17011 Camphill PA 17011 OTI Reprosentative Bill Byers OTI Rep Phone 717 619 7163 WO Number P.O. Number Terms Rep Project Description 10113-81 signed work order net 25 days BB 10113-81 Glycrin control conduit Lltrap barn Code pgscription ~{tdt'~?vbe Amount 1 5 Labor Technician Labor provided in accordance with our quotation. 62.00 93.00 . 93 Sales Tax ... Sales Tax Paid 0.06 5.58 Thanks for letting us serve you! Total $98.s8 Payments/Credits $o.oo Balance Due $9s.s8 Due-Date 2i2ai2ala l;t6e:'~ E-mail 412 896 1993 rbyers~orbittechnologiesinc.com Orbit Technologies, Inc. 4635 West Smithfield Street Elizabeth, PA 15037 Phone No. 412 751 6534 4" ti ~ ~~ _'~ F~_:, ~^ Keystone Bio Fuels 2850 Appleton Street Suite F Camphill PA 17011 Invoice ~~ ~' ~. 1/30/2012 10113-90 ;- ~ ~:;~ '~ ~ k ~,~ ~ -0s`-~ Keystone Bio Fuels 2850 Appleton Street Suite F Camphill PA 17011 OTl Repr~s+9ntetive Bill Byers OTt Rep Phone 717 619 7163 WO Number P.O. Number Terms Rep Project Description 10113-90 signed work order net 25 days BB 10113-90 conduit/wire for steam valve sys Quantity 1lerrt Code Descr~tion klnit Puce Amount 32.5 Labor Technician Labor provided in accordance with our time and material policy to install 60.00 1,950.00 conduit and wire associated with mounted the control panel for the steam valve system. incudes solenoid valve, temp sensor and electric valve. 70 Material Material 3/4IMC 1.51 105.70 30 Material Material 1/2 seal tight 1.90 57.00 6 Material Material 1/2 seal tight connectors 3.90 23.40 420 Mazkup Mazkup #12 TI11IN 0.178 74.76 ' 30 Material Material 18/4 control wire 0.225 6.75 6 Material Material 3/4 rigid couplings 1.50 9.00 1 Material Material rigid elbow 12.50 12.50 2,239.11 Sales Tax ... Sales Tax Paid 0.06 134.35 Thanks for letting us serve you! I Total ~ $2,373.46 Payments/Credits $o.oo Balance Due $2,373.46 Dl.le Date 2/24/2012 ~-{~ E-mail 412 896 1993 rbyers a)orbittechnologiesinacom Orbit Technologies, Inc. 4635 West Smithfield Street Elizabeth, PA 15037 Phone No. 412 751 6534 Invoice l~¢~' F N C ~~l 3! 19/2012 12014 r - ~ ~ ~~ ~ ~,tix r4'j- ~. .~ ~ ~{_ Keystone Bio Fuels Keystone Bio Fuels 2850 Appleton Street 2850 Appleton Street Suite f Suite f CampHill, PA 17011 CampHill, PA 17011 OTt Repnssentative Bill Byers OTl Rep .Phone 717 619 7163 WO Number P.O. Number Terms Rep Project Description 12014 signed work order net 25 days BB 12-014 Trouble call SG 5 steam issues Quark ltrtm Cede D~criptlon t;}ri~ price Amount. 1.5 Services Labor and Material provided in accordance with our agreement to dryout panel and turn 60.00 90.00 breakers back on Thanks for letting us serve you! Total $90.00 Payments/Credits $o.oo Balance Due $90.00 Due Date 4/13/2012. Fax # E-mail 412 896 1993 rbyers@orbittechnologiesinc.com VERIFICATION The facts set fo-th in the foregoing are true and correct to the best of the undersigned's knowledge, information and belief and are verified subject to the penalties for unsworn falsification to authorities under 18 Pa. C.S.A. § 4904. ORIBiT TECHNOLOGIES, INC. ~ '~_ is By: y 1..,~, Dated: William L. Byer~;'Presi~ent ~ r r Robert E. Chernicoff, Esquire PA Supreme Court ID# 23380 201 MA 2 7 P8 ►: j CUNNINGHAM& CHERNICOFF, P.C. 2320 North Second Street U(1 E LAND COUNT' P.O. Box 60457 PENNSYLVANIA Harrisburg, PA 17106-0457 (717) 238-6570 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORBIT TECHNOLOGIES, INC., CIVIL ACTION - LAW Plaintiff No. 12-7759 vs. KEYSTONE BIOFUELS, INC., Defendant NOTICE OF STAY NOTICE IS HEREBY GIVEN that Keystone Biofuels, Inc., above-named Defendant, has filed a Petition under Chapter 11 of the United States Bankruptcy Code to Case No. 1-13-01380 and as a result thereof,the above-captioned action is stayed until further Order of the United States Bankruptcy Court. The undersigned executes this Notice for purposes of giving notice only; and the providing of this Notice is not intended to enter an appearance in the within case. Respectfully submitted, CUNNINGHAM& C FF, R.C. Date: March 26, 2013 B o b eft E. Ch c s r PA Supreme Co 2320 North Second Stre P.O. Box 60457 Harrisburg, PA 17106-0457 (717) 238-6570 Robert E. Chernicoff, Esquire PA Supreme Court ID #23380 CUNNINGHAM & CHERNICOFF, P.C. 2320 North Second Street P.O. Box 60457 Harrisburg, PA 17106-0457 (717) 238-6570 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORBIT TECHNOLOGIES, INC., CIVIL ACTION- LAW Plaintiff No. 12-7759 VS. KEYSTONE BIOFUELS, INC., Defendant CERTIFICATE OF SERVICE I, Lisa Fuge, do hereby certify that a true and correct copy of the NOTICE OF STAY was sent by first class mail,postage prepaid on this day to the following: Coyne &Coyne, P.C. Attn: Lisa Marie Coyne, Esquire 3901 Market Street Camp Hill, PA 17011-4227 Respectfully submitted, CUNNINGHAM & CHERNICOFF, P.C. Date: March 26, 2013 By: Lisa Fuge, Paralegafj FAHome\LFUGE\KEYSTONE BIOFUELS\NOTICEBK-Orbit.wpd 2