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Home My WebLink About13-7470 Supreme Coin fof e, nnsylvania court of Com mom Pleas For Prothonotary Use Only: li C><v�il"Cover,Shet Docket No: T Cute y er�larid � Count l �y� The information collected on this form is used solely for court administration purposes. This form does not su lement or re lace the tling and service of leadings or other a ers as re uired by law or rules o court. Commencement of Action: S 06 Complaint El Writ of Summons M Petition Tr E ansfer from Another Jurisdiction 0 Declaration of Taking C Lead Plaintiff's Name: Lead Defendant's Name: T Interstate Aerials, LLC PANTHERA PAINTING, INC. Dollar Amount Requested: Owithin arbitration limits I Are money damages requested? Yes No (check one) E] outside arbitration limits O N Is this a Class Action Suit? 0 Yes ED No Is this an MDJAppeal? 0 Yes M No Jason A. Copley, Esquire (ID # 72774) A Name of Plaintiff /Appellant's Attorney: _A ,,, nn Bettenfield, €squire (ID #2986269` El Check here if you have no attorney (are a Self- Represented [Pro Sel Litigant) Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. TORT (do not include Moss Tort) CONTRACT (do not include Judgments) CIVIL APPEALS Intentional 0 Buyer Plaintiff Administrative Agencies Malicious Prosecution n Debt Collection: Credit Card El Board of Assessment F7 Motor Vehicle Fl Debt Collection: Other E] Board of Elections Nuisance E] Dept. of Transportation Premises Liability 0 Statutory Appeal: Other S n Product Liability (does not include E mass tort) ❑ Employment Dispute: 1l Slander/Libel/ Defamation Discrimination C l Other: 0 Employment Dispute: Other Q Zoning Board T Other: I r-1 Other: O MASS TORT Breach of Contract and Asbestos Breach of Bond N Tobacco Toxic Tort - DES Q Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS Toxic Waste Other: M Ejectment 0 Common Law /Statutory Arbitration B 0 Eminent Domain /Condemnation 0 Declaratory Judgment El Ground Rent Mandamus rl Landlord /Tenant Dispute Non - Domestic Relations 0 Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABILITY F.1 Mortgage Foreclosure: Commercial rl Quo Warranto Dental Partition 0 Replevin Legal Q Quiet Title Other: ❑� Medical Other: Other Professional: Updated 1/1/2011 COHEN, SEGLIAS, PALLAS, f101;eT4R,,' GREENHALL & FURMAN, P.C. 1613 DEC 1 Ark 1,o By: Jason Copley (Attorney ID No. 72774) 4 b Anthony M. Bottenfield (Attorney ID No. 208626) CUB BE RLAND 30S. 17t Street, 19 Floor PENNSYLVANIA Philadelphia, PA 19103 (215) 564 -1700 Attorneys for Plaintiff, Interstate Aerials, LLC. INTERSTATE AERIALS, LLC. 313 Borelli Blvd. COURT OF COMMON PLEAS Paulsboro, NJ 08066 OF CUMBERLAND COUNTY Plaintiff, CIVIL A LAW V. NO. l ✓ -� / U� PANTHERA PAINTING, INC. 333 Morganza Road Canonsburg, PA 15317 and, FIDELITY DEPOSIT COMPANY OF MARYLAND 600 Red Brook Blvd. Owing Mills, MD 21117 and, ZURICH AMERICAN INSURANCE COMPANY 165 Broadway, 32nd Floor New York, NY 10006 ' Defendants. ' NOTICE TO DEFEND � �.7D� NOTICE AVISO You have been sued in court. If you wish to defend against the Le han demandado a usted en la corte. Si usted quiere claims set forth in the following pages, you must take action defenderse de estas demandas expuestas en las paginas within twenty (20) days after this complaint and notice are served, siguientes, usted tiene viente (20) dias de plazo al partir de la by entering a written appearance personally or by attorney and by fecha de la demanda y la notificaci6n. Hace falta asentar una filing in writing with the court your defenses or objections to the comparaesencia escrita o en persona o con un abogado y claims set forth against you. You are warned that if you fail to do entregar a la corte en forma escrita sus defensas o sus so the case may proceed without you and a judgment may be objectiones a las demandas en contra de su persona. Sea avisado entered against you by the court without further notice for any que si usted no se fefiende, la corte tomara medidas y puede money claimed in the complaint or for any other claim or relief continuar la demanda en contra suya sin previo aviso o requested by the plaintiff. You may lose money or property or notificacion. Ademas, la corte puede decidir a favor del other rights important to you. demandante y requiere que usted cumpla con todas las provisiones de esta demands. Usted puede perder dinero o sus YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF propiedades u otros derechos importantes para usted. YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH LISTED DEBE LLEVAR ESTE PAPEL SU ABOGADO INMEDIATAMENTE. INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT SI LISTED NO TIENE Un ABOGADO, VAYA A 0 LLAME POR AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO TELEFONO La OFICINA DISPUESTA ABAJO. ESTA OFICINA PUEDE PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY PROVEER De USTED La INFORMAC16N SOBRE EMPLEAR A un OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE ABOGADO. SI USTED NO PUEDE PERMITIRSE AL HIRE A un OR NO FEE. ABOGADO, ESTA OFICINA PUEDE PODER PROVEER DE USTED LA INFORMACION SOBRE LAS AGENCIAS QUE LOS SERVICIOS Cumberland County Bar Association JUROICOS de la OFERTA de MAYO A LAS PERSONAS ELEGIBLES EN 32 South Bedford Street Un HONORARIO REDUCIDO O NINGUN HONORARIO. Carlisle, Pennsylvania 17013 (717)249 -3166 ASOCIACION DE LICENCIADOS DE CUMBERLAND 32 South Bedford Street Carlisle, Pennsylvania 17013 (717)249 -3166 2 COHEN, SEGLIAS, PALLAS, GREENHALL & FURMAN, P.C. By: Jason Copley (Attorney ID No. 72774) Anthony M. Bottenfield (Attorney ID No. 208626) 30S. 17 Street, 19 Floor Philadelphia, PA 19103 (215) 564 -1700 Attorneys for Plaintiff, Interstate Aerials, LLC. INTERSTATE AERIALS, LLC. 313 Borelli Blvd. COURT OF COMMON PLEAS Paulsboro, NJ 08066 OF CUMBERLAND COUNTY Plaintiff, CIVIL ACTION — LAW V . . NO. PANTHERA PAINTING, INC. 333 Morganza Road Canonsburg, PA 15317 and, FIDELITY DEPOSIT COMPANY OF MARYLAND , 600 Red Brook Blvd. , Owing Mills, MD 21117 and, ZURICH AMERICAN INSURANCE COMPANY 165 Broadway, 32nd Floor New York, NY 10006 Defendants. ' COMPLAINT Plaintiff, Interstate Aerials, LLC ( "Interstate Aerials "), by and through its undersigned counsel, Cohen, Seglias, Pallas, Greenhall & Furman, P.C., hereby files this Complaint against Panthera Painting, Inc. ( "Panthera "), The Fidelity and Deposit Company of Maryland ( "Fidelity "), and Zurich American Insurance Company ( "Zurich "), and in support thereof avers the following: I. PARTIES 1. Plaintiff, Interstate Aerials, is a limited liability company organized under the laws of New Jersey, with principal place of business at 313 Borelli Blvd., Paulsboro, NJ 08066. 2. Upon information and belief, Defendant, Panthera, is a corporation organized under the laws of Pennsylvania, with principal place of business at 333 Morganza Road, Canonsburg, PA 15317. 3. Upon information and belief, Defendant, Fidelity, is a corporation organized under the laws of Maryland, with a principal place of business at 600 Red Brook Blvd., Owing Mills, MD 21117. 4. Upon information and belief, Defendant, Zurich, is a corporation organized under the laws of Illinois, with a principal place of business at 165 Broadway, 32nd Floor, New York, NY 10006. II. BACKGROUND 5. This dispute arises out of a construction project known as the 1 -81 George Wade Bridge Rehabilitation Project, located in Cumberland County and Dauphin County, Pennsylvania ( "Project "). 6. Upon information and belief, the owner of the Project is the Commonwealth of Pennsylvania, Department of Transportation ( "Owner "). 7. Upon information and belief, on or about September 3, 2009, the Owner entered into a contract with J.D. Eckman ( "Eckman "), Contract No. 57764 ( "Contract "), whereby Eckman was to act as general contractor on the Project. A true and correct copy of the first 2 nineteen (19) pages of the Contract and several pertinent sections (the full Contract has not been attached because it is too voluminous) are attached hereto as Exhibit "A." 8. Pursuant to the terms of the Contract, and as required under Pennsylvania law, two payment bonds (collectively the "Payment Bonds ") were obtained for the benefit of those performing labor or furnishing material in prosecution of the work on the Project. See Ex. A at 205 -09. 9. On or about September 18, 2009, Fidelity issued one payment bond in connection with the Project identified as Bond # PRF8984911 in the amount of $19,475,000.00 ( "Fidelity Bond "). A true and correct copy of the Fidelity Bond is attached hereto as Exhibit "B." 10. On or about September 18, 2009, Zurich issued a payment bond in connection with the Project identified as Bond # PRF8984911 in the amount of $16,973,227.41 ( "Zurich Bond "). A true and correct copy of the Zurich Bond is attached hereto as Exhibit "C." 11. Upon information and belief, Eckman as general contractor, entered into a subcontract with Panthera whereby Panthera was to perform certain work in connection with the Project. 12. Beginning in or about August, 2012, Panthera leased certain equipment pursuant to several leasing agreements, from Interstate Aerials for its work in connection with the Project. A true and correct copy of the leasing agreements are attached hereto as Exhibit "D." 13. Interstate Aerials furnished equipment to Panthera between August, 2012 and December, 2012. 14. Between September, 2012 and December, 2012, Interstate Aerials periodically provided Panthera with invoices for the leased equipment. A true and correct copy of a statement summarizing the invoices is attached hereto as Exhibit "E." 2359868.150042 -0016 3 15. Interstate Aerials last furnished equipment to the Project on or about December 24, 2012. See A true and correct copy of a record of last furnishing is attached hereto as Exhibit « 16. On or about March 5, 2013, Interstate Aerials, via letter, provided Eckman, the general contractor on the Project, with written notice that Panthera had failed to make payment on the amounts due to Interstate Aerials for the leased equipment used in connection with the Project. 17. The March 5, 2013 letter also notified Eckman of Interstate Aerial's intent to make claim on the Payment Bonds if it was not be paid. A true and correct copy of the letter is attached hereto as Exhibit "G." 18. Notwithstanding Interstate Aerials' demands, neither Panthera nor Eckman have made full payment to Interstate Aerials for the outstanding balance due on the equipment used in prosecution of the work on the Project. 19. The amount still due and owing to Interstate Aerials for the equipment leased by Panthera in connection with the project, exclusive of interest, penalties, and attorneys' fees, is $60,542.70. See Ex. E. COUNT BREACH OF CONTRACT (Interstate Aerials v. Panthera) 20. Interstate Aerials incorporates by reference all of the foregoing paragraphs as if fully set forth herein. 21. Interstate Aerials furnished equipment to the Project. 22. Interstate Aerials furnished equipment to Panthera pursuant to several leasing agreements. See Ex. D. 4 23. The leasing agreements between Interstate Aerials and Panthera are contracts. 24. Panthera has failed to make full payment to Interstate Aerials pursuant to the leasing agreements. See Ex. E. 25. Panthera failed to pay Interstate Aerials $60,542.70. See Ex. E. 26. Panthera's failure to pay Interstate Aerials is a breach of contract. 27. Interstate Aerials is entitled, under its contracts with Panthera, to interest, reasonable costs of collections, court, attorneys' fees and other expenses incurred by Interstate Aerials in the collection of any amounts under the contracts. See Ex. D. WHEREFORE, Plaintiff, Interstate Aerials, LLC, requests judgment against Defendant, Panthera Painting, Inc., in the amount of $60,542.70, plus interest, penalties, attorneys' fees, and such other relief as the Court deems just and proper. COUNT II UNJUST ENRICHMENT (Interstate Aerials v. Panthera) 28. Interstate Aerials incorporates by reference the foregoing paragraphs as if fully set forth herein. 29. Interstate Aerials furnished supplies and equipment to the Project for the benefit of Panthera, fully expecting compensation for such services. 30. Panthera has enjoyed the benefit and use of the services supplied by Interstate Aerials. 31. Panthera's retention of the benefit of supplies and equipment furnished by Interstate Aerials without compensating Interstate Aerials would be unjust. 32. The amount requested by Interstate Aerials is fair and reasonable. 5 33. The reasonable value of equipment and supplies furnished to Panthera exceeds $60,542.70. WHEREFORE, Plaintiff, Interstate Aerials, LLC, demands that judgment be entered in its favor and against Defendant, Panthera Painting, Inc. in the amount of $60,542.70, plus interest, penalties, attorneys' fees, and such other relief as the Court deems just and proper. COUNT III QUANTUM MERUIT (Interstate Aerials v. Panthera) 34. Interstate Aerials incorporates by reference the foregoing paragraphs as if fully set forth herein. 35. Panthera has received the benefit and use of the labor, services, and materials furnished by Interstate Aerials. 36. Interstate Aerials is entitled to the ug_ antum meruit value of the labor, services, and materials provided to Panthera at its request. 37. The quantum meruit value of the labor, services, and materials provided to Panthera by Interstate Aerials which remains unpaid is in excess of $60,542.70. WHEREFORE, Plaintiff, Interstate Aerials, LLC, requests judgment against Defendant, Panthera Painting, Inc. in the amount of $60,542.70, plus interest, penalties, attorneys' fees, and such other relief as the Court deems just and proper. COUNT IV BREACH OF BOND OBLIGATION (Interstate Aerials v. Fidelity) 38. Interstate Aerials incorporates by reference all of the foregoing paragraphs as if fully set forth herein. 6 39. Pursuant to the terms of the Fidelity Bond, Fidelity is jointly and severally liable to pay Eckman's subcontractors and suppliers, including Interstate Aerials, for all labor performed and /or materials furnished in prosecution of the Project. 40. Specifically, the Fidelity Bond covers "any individual, firm, partnership, association or corporation, which has performed labor or furnished material in the prosecution of the work." See Ex. B. 41. Interstate Aerials last performed labor and/or furnished materials in the prosecution of the work on the Project on or about December 24, 2012. See Ex. D. 42. Interstate Aerials has not been paid for all of the equipment and materials furnished to the Project. 43. All conditions precedent to commencing an action against Fidelity under the Fidelity Bond have been satisfied and /or have been waived by Eckman and /or Fidelity. 44. Eckman has not made any payments to Interstate Aerials. 45. Fidelity has not made any payments to Interstate Aerials. WHEREFORE, Plaintiff, Interstate Aerials, LLC, requests judgment against Defendant, The Fidelity and Deposit Company of Maryland, in the amount of $60,542.70, plus interest, penalties, attorneys' fees, and such other relief as the Court deems just and proper. COUNT V BREACH OF BOND OBLIGATION (Interstate Aerials v. Zurich) 46. Interstate Aerials incorporates by reference all of the foregoing paragraphs as if fully set forth herein. 7 47. Pursuant to the terms of the Zurich Bond, Zurich is jointly and severally liable to pay Eckman's subcontractors and suppliers, including Interstate Aerials, for all labor performed and /or materials furnished in prosecution of the Project. See Ex. C. 48. Specifically, the Zurich Bond covers "any individual, firm, partnership, association or corporation, which has performed labor or furnished material in the prosecution of the work." See Ex. C. 49. Interstate Aerials last performed labor and /or furnished materials in the prosecution of the work on the Project on or about December 24, 2012. See Ex. D. 50. Interstate Aerials has not been paid for all of the equipment and materials furnished to the Project. 51. All conditions precedent to commencing an action against Zurich under the Zurich Bond have been satisfied and /or have been waived by Eckman and /or Zurich. 52. Eckman has not made any payments to Interstate Aerials. 53. Zurich has not made any payments to Interstate Aerials. WHEREFORE, Plaintiff, Interstate Aerials, LLC, requests judgment against Defendant, Zurich American Insurance Company, in the amount of $60,542.70, plus interest, penalties, attorneys' fees, and such other relief as the Court deems just and proper. COUNT VI VIOLATION OF PENNSYLVANIA'S CONTRACTOR AND SUBCONTRACTOR PAYMENT ACT, 73 P.S. 501, et seq. ( " CASPA ") (Interstate Aerials v. Panthera) 54. Interstate Aerials incorporates by reference the foregoing paragraphs as if fully set forth herein. 55. Panthera is a "subcontractor" within the meaning of 73 P.S. § 502. 56. Interstate Aerials is a "subcontractor" within the meaning of 73 P.S. § 502. 8 57. The Project is an "improvement" to "real property" within the meaning of 73 P.S. § 502. 58. Interstate Aerials has duly performed under the terms of its leasing agreements thereby entitling it to payment from Panthera pursuant to 73 P.S. §§ 504, 507(a). 59. Panthera has not made payment to Interstate Aerials within the statutorily required timeline as provided under 73 P.S. § 507(c) and /or the leasing agreements. 60. Panthera's failure to pay is a violation of CASPA thereby entitling Interstate Aerials to interest under 73 P.S. § 507(d), attorneys' fees under 73 P.S. § 512(b), and the assessment of penalties against Panthera under 73 P.S. § 512(a). WHEREFORE, Plaintiff, Interstate Aerials, LLC, requests judgment against Defendant, Panthera Painting, Inc., in an amount in excess of $60,542.70, plus interest, penalties, attorneys' fees, costs, and such other relief as the Court deems just and proper. COUNT VII VIOLATION OF PENNSYLVANIA'S PROMPT PAYMENT ACT, 62 P.S. & 3901, et seq. (Interstate Aerials v. Panthera) 61. Interstate Aerials incorporates by reference the foregoing paragraphs as if fully set forth herein. 62. Panthera is a "subcontractor" within the meaning of 62 P.S. § 3902. 63. Interstate Aerials is a "subcontractor" within the meaning of 62 P.S. § 3902. 64. Upon information and belief, the Project is a public project subject to the provisions of 62 P.S. § 3902, et seq., also known as the Pennsylvania Prompt Pay Act. 65. Upon information and belief, Panthera has not provided notice to Interstate Aerials that Eckman intended to and /or did withhold payment from Panthera for any deficiency 9 items associated with the labor provided and /or materials and equipment furnished by Interstate Aerials, 66. Panthera did not provide timely notice to Interstate Aerials of any such deficiency items associated with the labor provided and /or materials and equipment furnished by Interstate Aerials in order to withhold payment in accordance with the provisions of the Prompt Payment Act. 67. Panthera's failure to provide timely notice of any such deficiency items associated with the labor provided and /or materials and equipment furnished by Interstate Aerials violates the terms of the Prompt Payment Act, entitling Interstate Aerials to interest, penalties, and attorneys' fees. 68. Panthera has not timely paid Interstate Aerials for the labor provided and /or materials and equipment furnished by Interstate Aerials to the Project, violating the provisions of the Prompt Payment Act. 69. Because there is no valid basis for withholding payment to Interstate Aerials, Panthera's withholding of payment was arbitrary, and /or vexatious and, therefore, constitutes bad faith under the Prompt Payment Act. 70. Because Panthera failed to properly withhold payment in accordance with the Prompt Payment Act, such withholding was done in bad faith. 71. Accordingly, Interstate Aerials is entitled to interest, penalties, and attorneys' fees. 72. The aforementioned damages will continue to accrue during the pendency of this action. 10 WHEREFORE, Plaintiff, Interstate Aerials, LLC, requests judgment against Defendant, Panthera Painting, Inc., in an amount in excess of $60,542.70, plus interest, penalties, attorneys' fees, costs, and such other relief as the Court deems just and proper. COHEN, SEGLIAS, PALLAS, GREENHALL & FURMAN, P.C. By: Jason A. Copley Anthony Bottenfield Attorneys for Plaintiff, Interstate Aerials, LLC. DATED: December 18, 2013 11 VERIFICATION 1 I, ¢ L r:, hereby affirm that I am authorized to make this verification on behalf of Interstate Aerials, Inc. I have reviewed the facts set forth in the foregoing Complaint and hereby verify that the statements made herein are true and correct to the best of my knowledge, information and belief. I understand that the statements in the Complaint are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. C AR& �%` Dated: , � \� 7 � EXHIBIT A ECMS Highway Construction Contract 57764 ECMS Highway Construction Contract: 57764 J. D. Eckman, Inc. XX- XXXXXXX Atglen 610 - 593 -5143 (phone) 610 - 593 -2750 (fax) mark.eckman @jdeckmaninc.com Prime Business Partner DauphinCounty SR 81, Section 042 1 -81 Wade Bridge Rehab. Location X085- 213 -LO10 Federal Project P- 10008107042- 0850 -324 -2 P- 10008107042- 0850 -362 -1 WBS Element September 3, 2009 Bid Opening September 30, 2009 16:26:21 PM Page 1 of 221 ECMS Highway Construction Contract 57764 TABLE OF CONTENTS Contract......................................................................................................................... ............................... 7 Addenda........................................................................................................................ ...........................:... 11 Addendum: 1 ...................................................................................................... ............................... 11 Addendum: 2 ...................................................................................................... ............................... 12 Addendum: 3 ...................................................................................................... ............................... 14 BidItems ....................................................................................................................... ............................... 15 SpecialProvisions ......................................................................................................... ............................... 20 G2A - a00002 PUBLIC BID OPENING LOCATION ........................................... ............................... 20 G6C - a00006 PURCHASABLE ITEMS ............................................................. ............................... 20 G101A - a00101 GOVERNING SPECIFICATIONS AND APPLICABLE DESIGNATED SPECIAL 20 PROVISIONS..................................................................................................... ............................... G1 13A - a00113 CONTRACT PROVISIONS - RIGHT TO KNOW LAW ........... ............................... 21 G201A - a00201 PRE -BID CONFERENCE ....................................................... ............................... 22 00 - a00301 SHOP DRAWING REVIEW ........................................................... ............................... 23 G401A - a00401 ADVANCE NOTICE OF TRAFFIC RESTRICTIONS .............. ............................... 23 G501A - a00501 AIR POLLUTION CONTROL IN AIR BASINS ........................ ............................... 23 G901 - a00901 ALTERNATE EROSION AND SEDIMENT POLLUTION CONTROL PLAN.......... 24 G1101 B - a01101 CONSTRUCTION PROCEDURES - EROSION AND SEDIMENT POLLUTION 24 CONTROL.......................................................................................................... ............................... G1601A - a01601 E.E.O. COVERED AREA ...................................................... ............................... 25 00 - a01701 ENVIRONMENTAL COMMITMENT AND MITIGATION TRACKING SYSTEM 26 (ECMTS) REPORT REVIEW AND SIGN - OFF ................................................... ............................... G1902A - a01902 INSURANCE -- GENERAL APPLICATION - ADDITIONAL COVERAGE LIMITS... 27 G2201A - a02201 RAILROAD COMPANY CONTACT PERSON ...................... ............................... 27 00 - a02202 RAILROAD COORDINATION & REQUIREMENTS ...................... .............:................. 28 00 - a02203 SPECIAL PROVISIONS FOR PROTECTION OF RAILWAY INTEREST .................... 29 G2301A - a02301 MAINTENANCE AND PROTECTION OF RAILROAD TRAFFIC ........................ 37 G2401A - a02401 RAILROAD PROTECTIVE SERVICES COSTS ................... ............................... 38 G60A - a02801 NIGHT SHIFT ........................................................................... ............................... 39 00 - a02901 NORFOLK SOUTHERN RAILROAD YARD EARTH DISTURBANCES ....................... 39 00 - a03301 PA FISH AND BOAT COMMISSION COMPLIANCE .................... ............................... 39 00 - a03302 PARKS AND RECREATION FACILITIES /SECTION 4(f) RESOURCES ..................... 40 00 - a03401 PENNSYLVANIA GAME COMMISSION COMPLIANCE ............... ............................... 41 00 - a03402 PROTECTION OF UTILITIES UNDER WADE BRIDGE ............... ............................... 41 00 - a03403 ROADWAY LIGHTING RESTRICTIONS ....................................... ............................... 41 G4301 D - a04301 UTILITIES - -THE REQUIREMENT TO LIST INFORMATION .............................. 41 G4801C - a04801 PRICE ADJUSTMENT FOR DIESEL FUEL COST FLUCTUATIONS ................ 43 G4901A - a04901 PRICE INDEX FOR ASPHALT CEMENT ............................. ............................... 47 G4902B - a04902 PRICE ADJUSTMENT FOR STEEL COST FLUCTUATIONS ............................ 47 G95B - a05101 ROAD USERS LIQUIDATED DAMAGES ................................. ............................... 52 00 - a05102 STAGING AND WASTE DISPOSAL AREAS ................................ ............................... 53 September 30, 2009 16:26:21 PM Page 2 of 221 ECMS Highway Construction Contract 57764 G110A- a05201 START OF WORK .................................................................. ............................... 53 G100A - a05301 STATE POLICE FOR CONSTRUCTION ASSISTANCE ........ ............................... 54 00 - a05401 TRANSPORTATION MANAGEMENT PLAN COORDINATION .... ............................... 54 G7012A - a07012 CHANGES TO SPECIFICATIONS: SECTIONS 491 AND 492 ........................... 55 G7019A - a07019 CHANGES TO SPECIFICATIONS: SECTIONS 627, 901, and 1005 .................. 56 G7020B - a07020 CHANGES TO SPECIFICATIONS: SECTION 409 .............. ............................... 61 G7021A - a07021 CHANGES TO SPECIFICATIONS: DSP 2 ........................... ............................... 63 G7022A - a07022 CHANGES TO SPECIFICATION: SECTION 107 ................. ............................... 63 G7024A - a07024 CHANGES TO SPECIFICATIONS: SECTIONS 108 AND 689 ........................... 64 00 - a10501 BRIDGE PIER LABELING ............................................................. ............................... 70 00 - a10501 COAST GUARD COMPLIANCE .................................................... ............................... 71 N1 0550A - a10550 HEAVY CONSTRUCTION WAGE RATES ......................... ............................... 71 N10601A - a10601 DRIVE ADJUSTMENTS ...................................................... ............................... 72 G1 0A - a10701 EXISTING PAVEMENT MARKINGS ........................................ ............................... 72 00 - a10802 GROUTING FOR POST TENSIONING ......................................... ............................... 72 G50C - a10901 GUIDE RAIL MOUNTED DELINEATORS ................................ ............................... 80 00 - a12201 PIER 6 PRE - CONSTRUCTION SURVEY ..................................... ............................... 81 00 - a12801 WIRELESS AIR CARD .................................................................. ............................... 81 G1 15A - a12901 TEMPORARY CONCRETE BARRIER /GLARE SCREEN MOUNTED 81 DELINEATORS.................................................................................................. ............................... 00 - b01051 SECTION 105 - FALSEWORK DRAWINGS REVIEW .................. ............................... 82 P1051A - b01051 SECTION 105.17 - ACCEPTANCE OF CONSTRUCTION LOADINGS AND 83 MATERIAL STOCKPILING ON BRIDGES ......................................................... ............................... S2011 B - b02011 SECTION 201.3 .................................................................... ............................... 84 S2051A - b02051 SECTION 205 - BORROW EXCAVATION ........................... ............................... 84 S4091 B - b04091 SECTION 409.3 .................................................................... ............................... 84 S6052A - b06052 SECTION 605- ENDWALLS, INLETS, MANHOLES, AND SPRING BOXES....... 86 S6061A - b06061 SECTION 606.1 DESCRIPTION ........................................... ............................... 89 S6081 - b06081 SECTION 608 -MOBILIZATION ........................................... ............................... 89 S6092A - b06092 SECTION 609.2(g) MISCELLANEOUS MATERIALS ........... ............................... 89 S7052A - b07052 SECTION 705.7(b) FOR MASONRY JOINTS AND HORIZONTAL JOINTS 90 BETWEEN PRECAST COMPONENTS ............................................................. ............................... S7142A - b07142 SECTION 714.1 GENERAL REQUIREMENTS AND SECTION 714.2 PRECAST 90 CONCRETEUNITS ............................................................................................ ............................... S8671A - b08671 SECTION 867— COMPOST FILTER SOCK ......................... ............................... 91 S931 1A - b09311 SECTION 931.2 .................................................................... ............................... 93 S9341 A - b09341 SECTION 934 ....................................................................... ............................... 93 S10011A - b10011 SECTION 1001.3(k)5 .......................................................... ............................... 93 S10791B - b10791 SECTION 1079 - ENVIRONMENTAL PROTECTION ......... ............................... 94 S1 1051A - b11051 SECTION 1105.02(h)1. GRAY IRON CASTINGS AND SECTION 1105.02(h)2. 99 MALLEABLE CASTINGS ......................................................................... ............................... 14911A - c04911 ITEM 0491 -0063 - MILLING OF BITUMINOUS PAVEMENT SURFACE, 1 1/2" 100 DEPTH ............................................................................................................... ............................... September 30, 2009 16:26:21 PM Page 3 of 221 f� f� ECMS Highway Construction Contract 57764 16091C - c06091 ITEM 0609 -0009 - EQUIPMENT PACKAGE .......................... ............................... 100 00 - c06751 4675 -0001 - RANDOM STONE SLOPE WALL ( MODIFIED) ......... ............................... 102 16892A - c06892 ITEM 0689 -0003 - CPM SCHEDULE ..................................... ............................... 102 00 - c0901 ITEM 0901 -0001 - MAINTENANCE AND PROTECTION OF TRAFFIC DURING 102 CONSTRUCTION............................................................................................... ............................... 00 - c09012 ITEMS 0901 - 0250/0251 - TEMPORARY HIGHWAY LIGHTING (West Shore /East 112 Shore) ................................................................................................................. ............................... 00 - c09101 ITEM 4910 -0161 - HIGH MAST POLE FOUNDATION - DRILLED CAISSON TYPE 113 ( MODIFIED) ........................................................................................................ ............................... 00 - c09102 ITEM 4910 -0242 - STEEL LIGHT. POLE WITH 6' BRACKET ARM (30 -FOOT 113 MOUNTINGHT) TYPE A (MOD.) ...................................................................... ............................... 00 - c09103 ITEM 4910 -0252 - STEEL LIGHT. POLE WITH 20' BRACKET ARM (30 -FOOT 114 MOON. HT.) TYPE A ( MOD.) ............................................................................. ............................... 00 - c09104 ITEM 4910 -0324 -STEEL LIGHT. POLE WITH 8' BRACKET ARM (40 -FOOT 114 MOUNT. HT) TYPE A ( MOD.) ............................................................................ ............................... 00 - c09105 ITEM 4910 -2827 - 200 WATT HIGH PRESSURE SODIUM LUMINAIRE, ARM 115 MOUNT(MODIFIED) ......................................................................................... ............................... 00 - c09106 ITEM 4910 -2830 - 400 WATT HIGH PRESSURE SODIUM LUMINAIRE, ARM 115 MOUNT(MODIFIED) ......................................................................................... ............................... 00 - c09107 ITEM 4910 -3050 - 400 -WATT HIGH PRESSURE SODIUM LUMINAIRE (HPS) 115 ( MODIFIED) ........................................................................................................ ............................... 00 - c09108 ITEM 4910 -3063 - 200 WATT HIGH PRESSURE SODIUM LUMINAIRE, WALL 116 MOUNT(MODIFIED) ......................................................................................... ............................... 00 - c09109 ITEM 4910 -3073 - 150 -WATT HIGH PRESSURE SODIUM LUMINAIRE, OVER- 116 HEADMOUNT (MODIFIED) .............................................................................. ............................... 00 - c09361 ITEM 4936 -0001 - STRUCTURE MOUNTED EXTRUDED ALUMINUM CHANNEL 117 SIGNS(MODIFIED) ........................................................................................... ............................... 00 - c10011 ITEM 5001 -0000 - CLASS AAA CEMENT CONCRETE (MODIFIED) .......................... 117 00 - c10031 ITEM 5003 -0002 - DOWEL HOLES, 6" DEPTH ( MODIFIED) ........ ............................... 117 00 - c10401 ITEM 5040 -0001 - CONCRETE BRIDGE DECK REPAIR, TYPE 1 (MODIFIED) ......... 118 00 - c10401 ITEM 5040 -0002 - CONCRETE BRIDGE DECK REPAIR, TYPE 2 (MODIFIED) ......... 119 00 - c10411 ITEM 5041 -0001 - SCARIFICATION ( MODIFIED) ......................... ............................... 120 00 - c10421 ITEM 5042 -0001 - LATEX MODIFIED CONCRETE WEARING SURFACE, 1'/4" 120 DEPTH(MODIFIED) .......................................................................................... ............................... 00 - c10561 ITEM 5056 -0130 - FABRICATED STRUCTURAL STEEL, REPAIRS (MODIFIED) ..... 121 00 - c10901 ITEM 5090 -0100 - JACKING BRIDGE SUPERSTRUCTURE (MODIFIED) ................. 123 119992A - c19992 ITEM 1999 -9999 - TRAINEES ...................... :...................................................... 126 00 - c90001 ITEM 9000 -0003 - WATER CONTAINMENT SYSTEM ................. ............................... 128 00 - c90002 ITEM 9000 -0004 - TRANSITION CURB BLOCK ........................... ............................... 128 00 - c90003 ITEM 9000 -0010 - REMOVE EXISTING LIGHT POLE .................. ............................... 129 00 - c90004 ITEM 9000 -0040 - SNOWPLOW TRUCK AND OPERATOR ........ ............................... 129 00 - c90005 ITEM 9000 -0568 - TEMPORARY 18" PIPE ................................... ............................... 130 00 - c90006 ITEM 9000 -5010 - WATER TESTING TECHNICIAN ..................... ............................... 130 00 - c90011 ITEM 9001 -0001 - ANTIGRAFFITI COATING, MODIFIED ............ ............................... 131 00 - c90012 ITEM 9001 -0040 - INTRUSION GROUT BAGS ............................. ............................... 134 September 30, 2009 16:26:21 PM Page 4 of 221 ECMS Highway Construction Contract 57764 00 - c90181 ITEM 9018-0050 - REMOVAL OF PORTION OF EXISTING BRIDGE ......................... 135 00 - c90261 ITEM 9026-0001 - STRIP SEAL GLAND REPLACEMENT .......................................... 137 00 - c90701 ITEM 9070-0150 - PAINTING EX. STRUCTURAL STEEL USING ORGANIC ZINC 138 COATINGSYSTEM (AREA 1) .......................................................................................................... 00 - c90702 ITEM 9070-0151 - PAINTING EX. STRUCTURAL STEEL USING ORGANIC ZINC 139 COATINGSYSTEM (AREA 2) .......................................................................................................... 00 - c90711 ITEM 9071-0150 - ZONE MAINTENANCE PAINTING OF EXISTING STRUCTURAL 141 STEEL............................................................................................................................................... 110731B - c90731 ITEM 9073-0001 - DISPOSAL OF BRIDGE WASTE .......................................... 142 110751 B - c90751 ITEMS 9075-0001/0002/0003 - CONTAINMENT ................................................ 150 110771 B - c90771 ITEM 9077-0001 - WORKER HEALTH AND SAFETY ........................................ 155 00 - c91001 ITEMS 9100-0005/0006 - PEENING, TYPE 1/TYPE 2 ................................................. 163 00 - c91002 ITEM 9100-0009 - CLEAN PIERS AND ABUTMENTS ................................................. 165 00 - c91003 ITEM 9100-0010 - CONCRETE REPAIRS ................................................................... 166 00 - c91004 ITEM 9100-0011 - CLEAN AND FLUSH DRAINAGE SYSTEM ................................... 167 00 - c91005 ITEM 9100-0012 - REPLACE EXISTING TROUGHS AT TOOTH DAMS AS 168 INDICATED........................................................................................................................................ 00 - c91005 ITEM 9100-0013 - PIER CAP POST-TENSIONING ..................................................... 169 00 - c91006 ITEM 9100-0030 - CRACK SEAL, SUBSTRUCTURE .................................................. 175 00 - c91007 ITEM 9100-0091 - SEISMIC RETROFIT OF ROCKER BEARINGS ............................. 176 00 - c91008 ITEM 9100-0093 - REPAIR AND PARTIALLY REPLACE SLIDING BRONZE 177 EXPANSION BEARINGS .................................................................................................................. 00 - c91009 ITEM 9100-0094 - FABRICATED STRUCTURAL STEEL, REPAIRS, AS DIRECTED. 178 00 - c91010 ITEM 9100-0095 - PEDESTAL RETAINER .................................................................. 180 00 - c91011 ITEM 9100-0096 - REPLACE ROCKER BEARINGS WITH MULTI ROTATIONAL 180 DISCBEARINGS .............................................................................................................................. 00 - c91012 ITEM 9100-0097 MISCELLANEOUS ANCHOR BOLT REPAIR ................................ 181 00 - c91013 ITEM 9100-0098 - DRILL HOLES AT INTERSECTING WELDS .................................. 182 00 - c91014 ITEM 9100-0099 - REPAIR CRACKED FLOORBEAMS .............................................. 183 00 - c91015 ITEM 9100-0100 - SIGN STRUCTURE REPAIR .......................................................... 183 00 - c91016 ITEM 9100-0101 - REPLACE METAL RAILING ........................................................... 184 00 - c91017 ITEM 9100-0102 - LOW FRICTION COATING AT SCUPPER ..................................... 185 00 - c91018 ITEM 9100-0104 - STRIP SEAL GLAND REPLACEMENT (AS DIRECTED) ............... 186 00 - c91019 ITEMS 9100-0105/0106/0107 - AUXILIARY SUPPORT BEARING 187 STRENGTHENING, TYPE 1, TYPE 2, & TYPE 3 .............................................................................. 00 - c91020 ITEM 9100-0108 - LOAD CELL ..................................................................................... 188 00 - c91021 ITEM 9100-0109 - MONITORING EQUIPMENT ........................................................... 189 00 - c96051 ITEM 9605-0002 - INLET PROTECTION ...................................................................... 189 00 - c96052 ITEM 9605-0003 - TEMPORARY INLET ...................................................................... 190 00 - c96053 ITEM 9605-0571 - INLET CAP ...................................................................................... 190 00 - c96231 ITEM 9623-0001 - 32" TO 50" BARRIER TRANSITION ............................................... 190 00 - c96232 ITEM 9623 - 0002- RESET 32" TO 50" BARRIER TRANSITION .................................. 191 00 - c96271 ITEM 9627-0001 - TEMPORARY CONCRETE GLARE SCREEN ............................... 191 September 30, 2009 16:26:21 PM Page 5 of 221 EMS Highway Construction Contract 57764 00 - c96281 ITEM 9628-0001 - RESET TEMPORARY CONCRETE GLARE SCREEN .................. 192 00 - c97081 ITEM 9708-2601 - GALVANIC CORROSION PROTECTION SYSTEM FOR 192 PROTECTION OF PIER CAP ............................................................................................................ 00 - c97082 ITEM 9708-2602 - ACTIVATED ARC ZINC SPRAY FOR GALVANIC CORROSION 193 PROTECTION OF REIN. CONCRETE ............................................................................................. 00 - c98671 ITEM 9867-0024 - COMPOST FILTER SOCK, 24" DIAMETER ................................... 195 00 - c99011 ITEM 9901-0100 - SHADOW VEHICLE EQUIPPED WITH TRUCK MOUNTED 195 ATTENUATOR.................................................................................................................................. 00 - c99101 ITEM 9910-0001 - JUNCTION BOX .............................................................................. 196 00 - c99102 ITEM 9910-0007 - PULL BOX ....................................................................................... 196 00 - c99103 ITEM 9910-1206 - HIGH MAST LIGHTING POLE (120-FOOT HEIGHT) SPECIAL .... 197 00 - c99104 ITEM 9910-5309 - 3" WATERTIGHT FLEXIBLE GALVANIZED STEEL CONDUIT..... 198 00 - c99105 ITEMS 9910-7211/7212 - TESTING OF ENTIRE LIGHTING SYSTEM ....................... 198 00 - c99106 ITEM 9910-8000 - MISCELLANEOUS LIGHTING WORK ............................................ 199 00 -c99311 ITEM 9931-0001 -POST MOUNTED SIGNS, TYPE B, CONCRETE BARRIER 199 MOUNTED........................................................................................................................................ PerformanceBonds ...................................................................................................................................... 201 PaymentBonds ............................................................................................................................................ 205 Insurance...................................................................................................................................................... 209 DBECommitments ....................................................................................................................................... 210 Plans............................................................................................................................................................ 219 Attachments................................................................................................................................................. 220 September 30, 2009 16:26:21 PM Page 6 of 221 ECMS Highway Construction Contract 57764 Contract Addendum issued subsequent to the printed proposal have been incorporated into the text of this contract and the modified portions are annotated in the contract - e.g., Al, A2 etc. Incorporated Addenda are As follows: Addendum No. 1, Al, dated 07/27/2009 Addendum No. 2, A2, dated 08/24/2009 Addendum No. 3, A3, dated 08/27/2009 THIS AGREEMENT, Made this 30 day of September A.D. 2009, between the Commonwealth of Pennsylvania by the Secretary of Transportation, hereinafter called the Commonwealth and J. D. Eckman, Inc. his, hers, its or their executors,administrators, successors, or assigns, hereinafter called the Contractor. WITNESSETH: 1. That the Contractor, for and in consideration of the payment or payments herein specified and agreed to by the Commonwealth, hereby covenants and agrees to furnish and deliver all the materials and to do and perform all the work and labor in the improvement of a certain section of highway at the unit prices bid by said Contractor for the respective estimated quantities aggregating approximately the sum of $36,448,227.41 and such other items as are mentioned in the Contractor's original proposal, which proposal and prices named, together with Publication 408/2007 -4 - Specifications (as specified in the proposal), are made a part of this contract and accepted as such, also the drawings of the project, prepared and /or approved by the Department of Transportation, which drawings are also agreed by each party as being a part hereof. 2. The location and description being situated as follows: This project consists of the rehabilitation of the George Wade Bridge and other miscellaneous construction, all as indicated on the approved drawings included in the Bid Package for STATE ROUTE 0081, SECTION 042, in CUMBERLAND & DAUPHIN COUNTIES, EAST PENNSBORO & SUSQUEHANNA TOWNSHIPS, and the CITY OF HARRISBURG, from Segment 0634/0635 Offset 1047/1295 to Segment 0670/0671 Offset 0427/0226, for an overall project length of 18,125.61 linear feet (3.433 miles). 3. The Contractor further covenants and agrees that all work shall be performed in the best and most workmanlike manner. He also agrees that all materials furnished and labor performed shall be in strict and complete conformity, in every respect, with all parts of this contract and shall be subject to the inspection and acceptance of authorized representatives of the Department of Transportation. In the event that any portion of work (including materials supplied pursuant thereto) performed by the Contractor is rejected by the Department's authorized representatives as defective, unsuitable, or unacceptable, the Contractor agrees to remove and replace all such rejected portions of work in conformance with this contract and to the satisfaction of and at no expense to the Department. The Contractor further covenants that prompt payment will be made in full for all labor and materials used in the performance of work on this project. September 30, 2009 16:26:21 PM Page 7 of 221 ECMS Highway Construction Contract 57764 4. The Contractor covenants and agrees that all work (including, but not limited to, all labor performed and all materials supplied) on this project shall be performed and completed to the satisfaction of the Chief Highway Engineer of the Department of Transportation on or before the expiration date of 0512512092. If, for any reason, except as provided in the contract, the Contractor fails to complete all work on this project to the satisfaction of the Chief Highway Engineer within the aforementioned time allowed, the Department shall deduct from any sums due or which may become due the Contractor the amount indicated in the Specifications for each calendar day used in excess of the aforementioned number of days allowed, or, in case a completion date is fixed, for each calendar day elapsing between that completion date and the actual date of completion. If no sums are due the Contractor, the Contractor agrees to remit to the Department the aforementioned sum for each day used in excess of the time allowed for completion of the contract. The amounts deducted or remitted under this paragraph are liquidated damages and not penalties. 5. The Contractor further covenants and warrants that the Contractor has had sufficient time to examine and has examined the site of the contract work to ascertain for itself those conditions such as may be determined by inspection, investigation, and inquiry, including the location, accessibility, and general character of the site. 6. The Contractor further covenants that he has not relied upon any information provided by the Department, including information contained in the Special Provisions, concerning the time within which publicly or privately- owned facilities below, at or above the ground are expected to be installed, removed, repaired, replaced, and/ or relocated; that he has not relied upon any information provided by the Department concerning the location or existence of all such facilities that might be below, at or above the ground; that he has contacted or will contact all owner of such facilities to verify the location and position of all such facilities and the time within which work on such facilities will be performed; and that he is aware delays might be incurred in the performance of work on this project as a result of work being performed or that will be performed on such facilities by their owners. It is understood further that, notwithstanding assistance of any kind and extent that might be provided by the Department, the Contractor, in every instance, bears the ultimate responsibility of resolving all disputes of every kind with the owners of such facilities. The Contractor agrees to save and hold the Department harmless from liability for all delays, interference and interruptions that might arise during the performance of work on this project as a result of work being or that will be performed on such publicly or privately -owned facilities. 7. The Contractor further covenants and warrants that he has read, is completely familiar with and understands thoroughly the General Conditions; the Specifications of the Commonwealth of Pennsylvania, Department of Transportation, currently in effect; the Supplements, Special Provisions and /or Conditions; and any other addenda or requirements, contained in the governing the performance of work under this contract, whether attached hereto and made a part hereof, or incorporated herein by reference. 8. It is distinctly understood and agreed that the Contractor shall not do any work (including, but not limited to, the supply of labor and /or materials) not covered by the specifications and the contract, unless such work has been authorized in writing as provided in the Specifications. In no event shall the Contractor incur any liability by reason of refusing to obey any verbal directions or instructions that he might be given to perform additional or extra work. Likewise, the Department will not be liable for any work performed as additional or extra work, unless such work is required of the Contractor in writing as provided in the Specifications. All such work which might have been performed by the Contractor without such written order first being given shall be at the Contractor's risk, cost, and expense, and the Contractor hereby covenants and agrees that, without such written order, he shall make no claim for compensation for such unauthorized work. 9. It is further distinctly agreed that the Contractor shall not assign this contract, nor any part thereof, nor any right to any sums to be paid him hereunder, nor shall any part of the work to be done or material furnished under this contract be sublet, without the consent in writing of the Secretary of Transportation. September 30, 2009 16:26:21 PM Page 8 of 221 ECMS Highway Construction Contract 57764 10. It is also agreed and understood that the acceptance of the final payment by the Contractor shall be considered as a release in full of all claims against the Commonwealth of Pennsylvania arising out of, or by reason of, the work done and materials furnished under this contract. 11. The Contractor shall accept, insofar as the work covered by the contract is concerned, the provisions of the Workmens Compensation Act of 1915, and any supplements or amendments thereto, and shall insure his liability thereunder or file with the Department of Transportation a certificate of exemption from insurance from the Bureau of Workers' Compensation of the Department of Labor and Industry. 12. In order to secure proper and complete compliance with the terms and provisions of this contract, the Contractor shall provide a bond in a sum equal to one hundred percent (100 %) of the total contract price of the work to be done. The Contractor shall also secure an additional bond in the same amount for the prompt payment in full for all labor and materials supplied in performing work on this project. Both bonds are attached to and made a part of this contract. 13. Conditioned upon compliance by the Contractor with all pertinent conditions and procedures contained in the contract, claims for damages or extra costs in excess of three hundred dollars ($300.00) arising out of disputes pertaining to this contract shall be referred to the Board of Claims pursuant to Section 1724(a) of the Commonwealth Procurement Code, 62 Pa. C.S. § 1724(a). 14. If for any reason the Commonwealth Procurement Code is inoperative or the Board of Claims cannot function, such claims shall be referred and decided by a panel consisting of the Secretary of Transportation and the General Counsel or their respective deputy or deputies. 15. The Contractor hereby further agrees to receive and the Commonwealth agrees to pay the prices set forth in the linked bid items as full compensation for furnishing all the materials and labor which may be required in the prosecution and completion of all work to be done under this contract, and in all respects to complete the contract to the satisfaction of the Secretary of Transportation. 16. The Contractor certified in his, her, its or their bid submission (covering federal aid projects only) to the disclosure of lobbying activities and, if applicable, completed the disclosure form and by said certification understands that Public Law 101 -121, Section 319, prohibits federal funds from being expended by recipient or any lower tier sub - recipients of a federal contract, grant, loan or cooperative agreement to pay any person for influencing or attempting to influence a federal agency or Congress in connection with the awarding of any federal contract, the making of any federal grant or loan, or the entering into of any cooperative agreement. 17. If federal funds are involved, the Contractor shall not discriminate on the basis of race, color, national origin or sex in the performance of this contract. Contractor shall carry out applicable requirements of 49 C.F.R. Part 26 - DATED OCTOBER 16, 2001 in the award and administration of United States Department of Transportation assisted contracts. Failure by the Contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the Pennsylvania Department of Transportation deems appropriate. Contractor must include this assurance in each subcontract that it signs with a subcontractor. Fiscal Information: Recorded Number: 57764 Certified Fund Available Under Activity Program: 362/324 September 30, 2009 16:26:21 PM Page 9 of 221 ECMS Highway Construction Contract 57764 Symbol: 010- 008 - 26185/10916- 08/09/10/11 -2/1 Amount: $36,448,227.41 Contract Workflow Status Status Name Disposition Date/Time Draft Becki G Mescher - Vuxta/ Award 09/17/2009 04:13:24 PM PennDOT Contractor Review David D Maugle /PennDOT Sign 09/18/2009 07:27:57 AM BP- 000425 BOD CMD Review Christina M Troutman/ Accept 09/28/2009 01:55:21 PM PennDOT BOD Director Review David J Azzato /PennDOT Sign 09/28/2009 01:57:59 PM Chief Counsel Preliminary Jeffrey M Spotts /PennDOT Accept 09/29/2009 10:50:58 AM Review Chief Counsel Final Review Michael H Kline /PennDOT Accept 09/29/2009 03:36:55 PM Comptroller Review Brenda A Zorbaugh /PennDOT Accept 09/30/2009 12:38:51 PM CMD Execute Becki G Mescher - Vuxta/ Submit 09/30/2009 04:23:12 PM PennDOT September 30, 2009 16:26:21 PM Page 10 of 221 ELMS Highway Construction Contract 57764 Addenda Addendum: 1 Description: This project consists of the rehabilitation of the George Wade Bridge and other miscellaneous construction, all as indicated on the approved drawings included in the Bid Package for STATE ROUTE 0081, SECTION 042, in CUMBERLAND & DAUPHIN COUNTIES, EAST PENNSBORO & SUSQUEHANNA TOWNSHIPS, and the CITY OF HARRISBURG, from Segment 0634/0635 Offset 1047/1295 to Segment 0670/0671 Offset 0427/0226, for an overall project length of 18,125.61 linear feet (3.433 miles). Estimated Project: $35,454,728.72 Federal Project Status: Federal Oversight DBE: 6.00% Structure Work: 80.00% Wage Rates: Yes Project Type: Standard State Type of Work: DECK REHABILITATION Prequalification Required: Yes Pre -Bid Meeting: Optional Scheduled Let: 09/03/2009 11:00:00 AM New Let: Let Date Move: Anticipated NTP: 10/19/2009 Required Completion: 05/25/2012 Additional Information Item and Quantity Special Provision REVISE the special provision entitled 'Pre -Bid Conference ". Other REVISE the Federal Wage Rates. ADD the attachment entitled 'Pennsylvania Farm Show Complex & Expo Center Map ". September 30, 2009 16:26:21 PM Page 11 of 221 ECMS Highway Construction Contract 57764 Addendum: 2 Description: This project consists of the rehabilitation of the George Wade Bridge and other miscellaneous construction, all as indicated on the approved drawings included in the Bid Package for STATE ROUTE 0081, SECTION 042, in CUMBERLAND & DAUPHIN COUNTIES, EAST PENNSBORO & SUSQUEHANNA TOWNSHIPS, and the CITY OF HARRISBURG, from Segment 0634/0635 Offset 1047/1295 to Segment 0670/0671 Offset 0427/0226, for an overall project length of 18,125.61 linear feet (3.433 miles). Estimated Project: $35,454,728.72 Federal Project Status: Federal Oversight DBE: 6.00% Structure Work: 80.00% Wage Rates: Yes Project Type: Standard State Type of Work: DECK REHABILITATION Prequalification Required: Yes Pre -Bid Meeting: Optional Scheduled Let: 09/03/2009 11:00:00 AM New Let: Let Date Move: Anticipated NTP: 10/19/2009 Required Completion: 05/25/2012 Additional Information Item and Quantity Special Provision REVISE the special provision entitled "Railroad Coordination and Requirements ". REVISE the special provision entitled "Transportation Management Plan Coordination ". REVISE the special provision for Item 9100 -0013. REVISE the special provision for Item 9605 -0002. REVISE the special provision for Item 9708 -2601. ADD the special provision entitled "Roadway Lighting Restrictions ". ADD the special provision entitled "Pier 6 Pre - Construction Survey ". ADD the special provision for Section 105.17. Other REVISE the attachment entitled "Pre -Bid Construction Schedule ". REVISE the attachment entitled "Transportation Management Plan" as follows: REVISE Section 7C. Public Information Plan (PIP) by REPLACING the subsection for "Project Webpage" with the following: The PIP requires that the Contractor provide information about upcoming construction activities, including detour routes and ramp closures, to the Assistant Construction Engineer at least three weeks before the start of activities for a posting on the District's web site. September 30, 2009 16:26:21 PM Page 12 of 221 ECMS Highway Construction Contract 57764 ADD the following attachments: Containment Requirements — Table 1 Certificate of Non - Affiliation D -4279A Railroad Crossing Data for Contractor Prebid Meeting Minutes & List of Attendees REVISE the Structure Plan S -28640 as follows: REPLACE Sheets 158, 163, 167, 168, 170, 171, 172, 174, & 178 of 260. September 30, 2009 16:26:21 PM Page 13 of 221 ECMS Highway Construction Contract 57764 'Addendum: 3" Description: This project consists of the rehabilitation of the George Wade Bridge and other miscellaneous construction, all as indicated on the approved drawings included in the Bid Package for STATE ROUTE 0081, SECTION 042, in CUMBERLAND & DAUPHIN COUNTIES, EAST PENNSBORO & SUSQUEHANNA TOWNSHIPS, and the CITY OF HARRISBURG, from Segment 0634/0635 Offset 1047/1295 to Segment 0670/0671 Offset 0427/0226, for an overall project length of 18,125.61 linear feet (3.433 miles). Estimated Project: $35,455,778.72 Federal Project Status: Federal Oversight DBE: 6.00% Structure Work: 80.00% Wage Rates: Yes Project Type: Standard State Type of Work: DECK REHABILITATION Prequalification Required: Yes Pre -Bid Meeting: Optional Scheduled Let: 09/03/2009 11:00:00 AM New Let: Let Date Move: Anticipated NTP: 10/19/2009 Required Completion: 05/25/2012 Additional Information Item and Quantity ADD Item 1001 -0020. Special Provision ADD the special provision entitled "Changes to Specifications: Sections 491 and 492 ". REVISE the following special provisions: Grouting for Post Tensioning 9100 -0013 9100 -0098 (revised in its entirety) 9910 -1206 DELETE the special provision entitled "Construction Procedures - Erosion and Sedimentation Control" (duplicated). Other REVISE the Structure Plan S -28640 as follows: REPLACE Sheets 171, 172, & 174 of 260. Revised plan sheets, other than those included herein, will be provided to the successful bidder at the Pre - Construction Meeting. September 30, 2009 16:26:21 PM Page 14 of 221 ECMS Highway Construction Contract 57764 Bid Items Item Descri Quantit Unit Price Item Total Addendum ;0 201 - CLEARI AN GRU BBING 1.0 $ $ 0203 -0001 CLASS 1 EXCAVATION 8,711.000 $18.00 $156,798.00 0203-0003 CLASS 1 EXCA VATION 200.00.0 $ 35.00 $7,000 0203 -0004 CLASS 1 B EXCAVATION 96.000 $40.00 $3,840.00 0 0 CLASS 4 EXCA 84.000 $ __ $3,360.00 020 -0100 F OREIGN BORROW EXCAVATION 4,081.000 $1.00 $4, 081.00 0 212 -0003 GEOTEXTILE CLASS 2, TYPE _B 12.000 $5.00 $60.00 0212 -0014 GEOTEXTILE, CLASS 4, TYPE A 706.000 $2.75 $1,941.50 SUPERPAVE ASPHALTMIXTURE DESIGN, HMA 0309 -0426 BASE COURSE, PG 64 -22, 0.3 TO < 3 MILLION 912.000 $25.00 $22,800.00 ESALs, 25.0 MM_ DEPTH SUPERPAVE ASPHALT MIXTURE DESIGN, HMA 0309 -0434 BASE COURSE, PG 64 -22, 0.3 TO < 3 MILLION 11,602.000 $34.00 $394,468.00 ESALs, 25.0 M M MIX, 10 " DEPTH _ 0350 -0106 SUBBASE 6 DEPTH. NO. 2A ) 912.0 $ 7.50 $6,840.00 SUPERPAVE ASPHALT MIXTURE DESIGN, HMA 0409 -0482 WEARING COURSE, PG 64-22,0.3 TO < 3 MILLION 15,529.000 $7.00 $108,703.00 E 9.5 MM MIX 1 1/2" D SRL_ -H --- SUPERPAVE ASPHALT MIXTURE DESIGN, HMA 0409 2495 WEARING COURSE (SCRATCH), PG 64 -22, 0.3 TO < 180.000 $75.00 $13,500.00 3 MILLION E_SALS, 9.5 MM MIX,_ SRL -L 0469 -0022 ASPHALT JOINT AND CRACK SEALING FOR 329.000 $4.50 $1,480.50 BITUMINOUS SURFACES �0491 0063 M2_ P OF BITUMINOUS PAVEMENT SURFACE, 1 3,015.000 $5.00 $15,075.00 0516 -2007 PATC JOINT 68.000 $30.00 $2,040.00 CONCRETE PAVEMENT PATCHING, TYPE A, 10" 0516 -2034 DEPT 6.000 $240.00 $1,440.00 Ii - 0516 -2044 CONCRETE PAVEMENT PATCHING, TYPE B, 10" 3.000 $300.00 $900.00 DEPTH 06010333 18" THERMO PIPE, GROUP II, 12' -1.5' FILL 1 62.000 $90.00 $14,58000 0605 -2060 TYPE M INLET 1.000 $2, 700.00 $2,700.00 ;0608 1. 000 $2,000, $ 2,000,00 0.00 _ 0609 -0006 INSPECTOR'S FIELD OFFICE AND INSPECTION 1.000 $90,000.00 $90,000.00 FACILITIES, TYPE A 0609 -0009 EQUIPMEN PAC KAGE 1. $5 ,000.00 $5,000.00 0609 -0011 FIELD LABORATORY 1.000 $35,000.00 $35,000.00 619 -06 PERMANENT IMPACT ATTENUATING DEVICE, 10 4.000 $14,000.00 $56,000.00 k TYPE V (S TANDARD), TEST LEVEL 3 TYPICAL AND ALTERNATE CONCRETE BRIDGE 0620 -0010 BARRIER TRANSITION WITHOUT INLET 5.000 $2,300.00 $11,500.00 PLACEMENT 0620 -0402_ TERMINAL SECTION, BRIDGE CON NECTION 2. 000 $23 000 $460.00 0620 -0503 REMOVE EXISTING GUIDE RAIL (CONTRACTOR'S 238.000 $4.50 $1,071.00 PROPERTY) 0620 -1075 TY PE 2_S G UIDE RAIL 17 $ 22.00 $3,850 0620 -1100 TYPE 2 -SC GUIDE RAIL 63.000 $4 2.0 0 $2,646.00 0 627 -00 TEMPORARY CONC RETE BARRIER 1 $26.00 $29,510.00 0628 -0 001 RESET TEMPORARY CO NCRETE BARRIER 370.000 $12 .00 $4,440.00 063 00 00 1�PLAI.N CEME_N CURB 68.000 $50.00 $3,400.00 0651 -0100 PAVED SHO TYPE 1 92.000 $4 0.00 $3,680.00 Q6 -0030 BI TUMINOUS SHOULDER RUM_B STRIPS 1 $0.80 $15,313 0673 -0001 PRECAST CEMENT CONCRETE BLOCK SLOPE 82.000 $210.00 $17,220.00 WALL 4675 0 RANDOM STO NE SLO WALL_ (MODIFIED) 4 7:5 $110.00 $52,250.00 0681 -0300 CEMENT GROUT MATERIAL, SLABJACKING 46.000 $250.00 $11,500 , 6860060 CO SU RVEYING ,_ TYPE D, M ODIFIED 1 .00 0 $50 ,000.00 $50,000.0 03 0689 -00 CPM SCHEDULE 1.000 $20,000.00 $20,000.00 September 30, 2009 16:26:21 PM Page 15 of 221 ECMS Highway Construction Contract 57764 TEMPORARY IMPACT ATTENUATING DEVICE, T YPE 696 -0610 V STANDARD), TEST LEVEL 3 6.000 $2,000.00 $12,000.00 ( 0697 -0610 RESET TEMPORARY IMPACT ATTENUATING 12.000 $2,000.00 $24,000.00 DEVICE, TYPE V (STANDARD), TEST LEVEL 3 0703 NO_ 1 COARSE AGGREGATE 14 0.000 $55 $7,700.00 0703 -0025 NO. 57 COARSE AGGREGATE 1.000 $75.00 $75.00 080 002 01 TOP FURNISHED AND PLACE 3,083.000 $33.0 101,739.00 0804 -0013 SEEDING AND SOIL SUPPLEMENTS - FORMULA D 290.000 $12.00 $3,480.00 0804 -0020 SE EDING AND SOIL S UPPLEMENTS - F L 8.000 $12. $96 0805 -0022 MULCHING - STRAW 9.000 $275.00 $2,475.00 0811 -0003 TEMP PROTECTIVE FENCE 456.0 $3. $1,596A0 0845 -0001 UNFORESEEN WATER POLLUTION CONTROL 20,000.000 $1.00 $20,000.00 0850 -0021 [A 1.000 $ $90400 0850 -0032 ROCK, CLASS R -4 7.000 $80.00 $560.00 0901 -0001 MAINTENANCE AND PROTECTION OF TRAFFIC 1.000 $1,100,000.00 $1,100,000.00 I DURING CONS TRUCTION 0901 -0120 SPEED DISPLAY SIGN 2.000 $8,000.00 $16,000.00 0901 TRAFFI ALERT RADIO 2.000 $11 - , ,000,00 $22,0 0901 -0180 TEMPORARY TRAFFIC SIGNALS 1.000 $10,000.00 $10,000.00 0901_ 0181 TEMPOR TRAFFI SIGNALS 1 .000 $10_,0_0 $10 0901 -0182 TEMPORARY TRAFFIC SIGNALS 1.000 $10,000.00 $10,000.00 0901 -018 TE MPOR ARY TRAFFI SIG 1.000 $4 0, 0 00 . 00 $40,000.00 0901 -0184 TEMPORARY TRAFFIC SIGNALS 1.000 $7,500.00 $7,500.00 X901_01 TEMP TRAFFI SIGNALS 1. 000 $7,5 $7 , 5 00 .0 0 0901 -0202 FLOODLIGHTS _ 4.000 $2,500.00 $10,000.00 0901_0203_ARROW PANEL 6.000 $ 5,000.0 0 $30,000.00 0901 -0206 CHANGEABLE MESSAGE SIGN WITH TELECOMMUNICATIONS 6.000 $23,000.00 $138,000.00 �� 0_901- 0240 ADDITIONAL TRAFFIC CO NTR O L SIGNS 50 $10.00 $5,000.00 0901 -0250 TEMPORARY HIGHWAY LIGHTING _ 1.000 $70,000.00 $70,000.00 09 = 02 51 TEMPORARY HIGHWAY LIGHTING 1 .000 $60_,00 $60,000.00 0901 -0320 4" STANDARD PAVEMENT MARKINGS, PAINT & 15,562.000 $0.18 $2,801.16 BEADS, YELLOW 6" STANDARD PAVEMENT MARKINGS, PAINT & 0901 -0321 68,393.000 $0.20 $13,678.60 4 _BEADS YELLOW 0901 -0330 4" STANDARD PAVEMENT MARKINGS, PAINT & 121,622.000 $0.18 $21,891.96 BEADS, WHITE 0901 -0331 6" STANDARD PAVEMENT MARKINGS, PAINT & BEADS WHITE 54,002.000 $0.20 $10,800.40 24" STANDARD PAVEMENT MARKINGS, PAINT & 0901 -0334 BEADS, WHITE 65.000 $5.50 $357.50 0901 -0363 TEMPORARY NONPLOWABLE RAISED PAVEMENT 199.000 $9.00 $1,791.00 � MARKE (ONE WAY Y /B) 0901 -0364 TEMPORARY NONPLOWABLE RAISED PAVEMENT 1,502.000 $9.00 $13,518.00 MARKER, (ONE WAY W /B) 0910- 00 BOXES J. 2.000 $ 1,600.00 $3,2 0910 -0005 JUNCTION BOXE J.B. -12 12.000 $1,700.00 $20 ,400.00 910 -0154 P OLE F OUNDATI ON, TYPE -F 1 -.000 $1 ,100.00 $1-,100.00 HIGH MAST POLE FOUNDATION- DRILLED 4910 -0161 CAISSON TYPE (MODIFIED) 1.000 $8,000.00 $8,000.00 STEEL LIGHTING POLE WITH 6 -FOOT BRACKET 910 -0242 ARM (30 -FOOT MOUNTING HEIGHT) TYPE A 13.000 $2,000.00 $26,000.00 - STEEL LIGHTING POLE WITH 20 -FOOT BRACKET 4910 -0252 ARM (30 -FOOT MOUNTING HEIGHT) TYPE A ' 3.000 $2,500.00 $7,500.00 ( MO D IFIED ) STEEL LIGHTING POLE WITH 8 -FOOT BRACKET 4910 0324 ARM (40 -FOOT MOUNTING HEIGHT) TYPE A 29.000 $2,500.00 $72,500.00 (MODIFIED) 0910 -0334 STEEL LIGHTING POLE WITH 30 -FOOT BRACKET 1.000 $3,500.00 $3,500.00 ARM (40 -FOOT MOUNTING HEIGHT) TYPE A i September 30, 2009 16:26:21 PM Page 16 of 221 I. t ECMS Highway Construction Contract 57764 491049102827_'200 -WATT HIGH PRESSURE SODIUM LUMINAIRE, 89.000 $450.00 $40,050.00 1 ARM MOUNT ( MODIFIED ) 4910 -2830 400 -WATT HIGH PRESSURE SODIUM LUMINAIRE, 118.000 $450.00 $53,100.00 ARM MOUNT (MODIFIED) 4910 -3050 400 -WATT HIGH MAST LUMINAIRE (HPS) 1 4910-3050 8.000 $900.00 $7,200.00 4910 -3063 200 -WATT HIGH PRESSURE SODIUM LUMINAIRE, 28.000 $900.00 $25,200.00 WA M OUNT (MODIFIED) I 150-WATT PRESSURE SODIUM LUMINAIRE, 4073 910 -3 . 8000 $600.00 $4,800.00 OVERHEAD MO (M ODIFIED) 0910 -4114 AWG 4 UNDERGROUND CABLE, COPPER, 1 14,020.000 $3.00 $42,060.00 CONDUCTOR 0910 -4115 AWG CABLE, COPPER, 1 23,080.000 $2.30 $53,084.00 CO NDUCTOR 0910 -4116 AWG 8 UNDERGROUND CABLE, COPPER, 1 125,550.000 $1.50 $188,325.00 CONDUCTOR 0910_5055_ DIRECT BU RIAL CONDUIT 37 ,670.000 $3 .25 $122 ,427.50 0910 -5059 3" DIRECT BURIAL CONDUIT 5,390.000 $4.00 $21,560.00 0910 5 172 1 -1, EXPOSED CO 1 $ 13 = 00 $ 17 , 225.00 0910 -5175 2" EXP CONDUIT 557. $21.00 $11,697.00 0910 -5179 3" EXPOSED CONDU 51253 $ 30.00 $ 0910 -5302 1 -1/4" WATERTIGHT FLEXIBLE GALVANIZED STEEL 180.000 $13.00 $2,340.00 0910_55 CONDUIT BURIED CABLE AN D C ONDUIT MAR 27.000 $270.00 $7 0910 -6000 TRENCH 43,060.000 $13.00 $559,780.00 0910 -7020 COMPLETE POWER SUPPLY SYSTEM 3.000 $7, 500.00 $ 22,500.00 _ 0910 -7210 TESTING OF ENTIRE LIGHTING SYSTEM 1.000 $1,200.00 $1,200.00 092 0001_SI LIGHTING PROJECT 1.000 $40, $40,000.00 0931 -0001 POST MOUNTED SI GNS, TYPE B 211.000 $45.00 $9, 495.00 0932_000 P OS T MOUN TED S TYPE C 85.000 $100 $8,500. 0934 -0002 POST MOUNTED SIGNS, TYPE E 135.000 $90.00 $12,150.00 093 0001_PO M SIGNS TYPE F 1 $45 .00 $8 9,100.00 STRUCTURE MOUNTED EXTRUDED ALUMINUM 4936 -0001 CHANNEL SIGNS (MODIFIED) 63.000 $75.00 $4,725.00 FLEXIBLE DELINEATOR POST, GROUND -MOUNT 0937 -0321 TYPE GM -1, YELLOW POST WITH YELLOW 16.000 $40.00 $640.00 - -- -- SH 0960 -0011 12" WHITE HOT THERMOPLASTIC PAVEMENT 288.000 $9.00 $2,592.00 MARKINGS 0960 -0222 WHITE HOT THERMOPLASTIC LEGEND, "RIGHT 14.000 $150.00 $2,100.00 j0960-0222 , 12 - 0 "X3' -0' 0962 -1000 4" WHITE WATERBORNE PAVEMENT MARKINGS 2,772.000 $0.18 $498.96 09 62 -1 005 4" YEL LOW WATER PAVEMENT MA RKING S 2 $0.18 $535 0963 -0001 PAVEMENT MARKING - REMOVAL 93,581.000 $1.00 $93,581.00 0964 -0001 4" WHITE E PDXY PAVE MARKIN 38 $0.45 $17,315.55 0964 -0002 4" YELLOW EPDXY PAVEMENT MARKINGS 40,741.000 $0.45 $18,333.45 0964_0005 6 " WHIT EPD PAVEMENT MARKINGS 18 $ 055 $10, 008.90 0964 -0007 6" BLACK EPDXY PAVEMENT MARKINGS 11,43 9.000 $0.55 $6,291.45 0964 00088 ^8" WHIT PAVEME M ARKINGS 12,926.000 $0.70 $9,048.20 SNOWPLOWABLE RAISED PAVEMENT MARKER, 0966 -0208 REFLECTOR REPLACEMENT, (TWO WAY W /R) 38.000 $18.00 $684.00 SNOWPLOWABLE RAISED PAVEMENT MARKER, 966 -0221 692.000 $18.00 $12,456.00 REF LECTOR REPLACEM _(ON WAY WHITE) 5001 -0000 CLASS AAA CEMENT CONCRETE (MODIFIED) 76.000 $1,900.00 $144,400.00 1001 -0001 CLASS AA CEMENT CONCRETE _ 19._0.00 $ $39,900.00 1001 -0010 CLASS A CEMENT CONCRETE 50.000 $4,000.00 $200,000.00 100100 CLASS C CEMENT C ONCRET E 3.000 $ $ 750.0 0 3 1002 -0001 REINFORCEMENT BARS 5,750.000 $1.15 $6,612.50 1002-005 �R E1_N_FORCEME NT B ARS COATED 16 ,990_.000 $1.20 $ 20,388.00 1002 -0111 MECHANICAL SPLICE SYSTEM FOR NO. 4 26.000 $34.00 $884.00 REINFORCEMENT BARS September 30, 2009 16:26:21 PM Page 17 of 221 c ECMS Highway Construction Contract 57764 1002 -0112 ; MECHANICAL SPLICE SYSTEM FOR N075 71.000 $40.00 $2,840.00 RE B ARS 1002 -0113 MECHANICAL SPLICE SYSTEM FOR NO. 6 40.000 $44.00 $1,760.00 REINFORCEMENT BARS ,5003 0002 _DOWEL_HOLES,_6"D DEPTH (MODIFIED) 36090 $ 14.00 $5,040_.00 1026 -0015 NEOPRENE STRIP SEAL DAM, (3" MOVEMENT) 363.000 $320.00 $116,160.00 1 CONCRETE BRIDGE DECK REPAIR, TYPE 1 ' -00 1,676.000 $35.00 $58,660.00 01 ( MODIFIED ) 5040 -0002 CONCRETE BRIDGE DECK REPAIR, TYPE 2 6,672.000 $50.00 $333,600.00 (MODIFIED 5041 5041- 000 1�SCARIFICATION (MOD 5 $ 8.00 $45 ,840.00 LATEX MODIFIED CONCRETE WEARING SURFACE, 5042 -0001 1,372.000 $75.00 $102,900.00 1 1/4 DEP TH (MODIFIED) 5056 -0130 FABRICATED STRUCTURAL STEEL, REPAIRS 168,874.000 $7.00 $1,182,118.00 L ( MODIFIED ) 5090 -0100 JACKING BRIDGE SUPERSTRUCTURE (MODIFIED) 1.000 $350,000.00 $350,000.00 x1999_9 TRAINEES 5 ,000.000 $1.00 $5,000.00 9000 -0003 WATER CONTAINMENT SYSTEM 1,555.000 $5.00 $7,775.00 9000,0004 TRANSIT CU BLOCK 4.00 $800.00 $3,2_00.00 9000 -0010 REMOVE EXISTING LIGHT POLE 46. $450.00 $20,700.00 90� 0 00 40 SNOWPLOW TRUCK AND OPERATOR 1, 500.000 $ 160.00 $240 ,000.00 9000 -0568 TEMPORARY 18" PIPE 495.000 $125. $61,875.00 9 000 -50 10 WATER TESTING TECHNICIAN 100.000 $110.00 $ 11, 0 00.00 9001 -0001 ANTIGRAFFITI COATING, MODIFIED 3 ,685.000 $2.50 $9,212.50 ;9001_00 _INTRUSION GR OUT BAGS 7 ,10 8.00 0 $ 55.00 $390,940.00 9018 -0050 REMOVAL OF PORTION OF EXISTING BRIDGE 1.000 $2,300,000.00 $2,300,000.00 �026�0001�S SEA_ L GLAND REP 448.000 $75.00 $33,600.00 PAINTING EXISTING STRUCTURAL STEEL USING 9070 -0150 ORGANIC ZINC COATING SYSTEMS AREA 1 ) 1.000 $1,600,000.00 $1,600,000.00 PAINTING EXISTING STRUCTURAL STEEL USING 9070 -0151 1.000 $4,500,000.00 $4,500,000.00 � _ ORGANIC ZIN COATIN SYSTEMS ( AREA 2 ) 9071 -0150 ZONE MAINTENANCE PAINTING OF EXISTING 1.000 $1,300,000.00 $1,300,000.00 STRUCTURALSTEEL 907 003 0 1 DISPOSAL OF BRIDGE WASTE 1.000 $80 ,000.00 $80,000.00 9075 -0001 CONTAINMENT (AREA 1) 1.000 $900,000.00 $900,000.00 9075 -0002 CON TAINMENT (AREA 2) 1.000_$ 2,500,OOOAO_ _$2, ' 9 075 -0003 CONTAINMENT AT ZONE PAINTING 1.000 $220,000 00 $220, 000.00 9 WORKER HEALTH AND SAFETY 1. 000 $90, $90, 000.00 9100 -000_5 PEENING TYPE 1 800.000 $375.00 $ 300,000.00 9 000 006 PE TYPE 2 1 ,100.000 $325.00 $357500,00 9100 -0009 CLEAN PIERS AN ABUTMENTS 1.000 $800 ,000.00 $800,000.00 91 00_001 ' 1 $75_0 $ 843 000.00 9100 -0011 CLEAN AND FLUSH DRAINAGE SYSTEM 1.000 $140,000.00 $140,000.00 R EPLACE EXISTING TROUGHS AT TOOTH DAMS 9100 -0012 964.000 $625.00 $602,500.00 1 AS INDICATED 9100 -0013 PIER CAP POST - TENSIONING 68.000 $70,000.00 $4,760,000.00 91 00 -003 CRACK SEAL, SUBSTRUC 39 $ 6.00 $237,540.00 9100 -0091 SEISMIC RETROFIT OF ROCKER BEARINGS 185.000 $1,000.00 $185,000.00 9100 -0093 REPAIR AND PARTIALLY REPLACE SLIDING 213.000 $2,300.00 $489,900.00 I BRO EXPANSI BEARINGS 9100 -0094 ' FABRICATED STRUCTURAL STEEL, REPAIRS (AS 100,000.000 $1.00 $100,000.00 DIRECTED) 9100 - 0095 - PEDESTAL _ 118.000 $1, 600.00 $18 8,8_00.00 9100 -0096 REPLACE ROCKER BEARINGS WITH MULTI- `4.000 $11,000.00 $44,000.00 ROTATIONAL DISC BEARINGS 9100,009 MIS CELLANEOUS _ANCHOR_B OLT REPAIR 1_.000 $200.00 $200.00 9100 -0098 DRILL HOLES AT INTERSECTING WELDS 5,992.000 $140.00 $838,880.00 9100- 0099_REP CR FLOORB_ EAM 34.00_0 $1,000.00 $34,000.00 9100 -0100 SIGN STRUCTURE REPAIR 1.000 $1,500.00 $1,500.00 9 100 -0101 REPLACE METAL RAILING 120.000 $125.0 $15,000.00 9100 -0102 LOW FRICTION COATING AT SCUPPER 318.000 $160.00 $50,880.00 September 30, 2009 16:26:21 PM Page 18 of 221 ECMS Highway Construction Contract 57764 STRIP SEAL GLAND REPLACEMENT (AS `9100 -0104 DIRECTED) 40,000.000 $1.00 $40,000.00 9100 -0105 AUXILIARY SUPPORT BEARING STRENGTHENING, 19.000 $12,500.00 $237,500.00 TYPE 1 AUXILIARY SUPPORT BEARING STRENGTHENING, P100 -0106 TYPE 2 5.000 $13,000.00 $65,000.00 9100 -0107 AUXILIARY SUPPORT BEARING STRENGTHENING, 2.000 $13,000.00 $26,000.00 TYPE 3 ;9100 -01 L OAD C ELL 12 ._00 0 $2,800A0 $33,600.00 9100 -01 MONITORING EQUIPMENT 1.000 $12 ,000.00 $12,000.00 86 050 050 00 2_INLET PR OTECTIO N 9.000 $300.0 $2, 700.00 9605 -0003 T EMPORARY INLET 3.000 $2,400.00 $7 ,200.00 960 0 INLET CAP 3.000 $ 1,10040 0 $3, 300.00 9623 -0001 32" TO 5 0" BARRIER TRANSITION 4.000 $700. $2,800.00 9623 32" TO 52" BA RRIER TRAN SITION 110 $ 120.00 $1, 320.00 9627 -0001 TEMPORARY CONCRETE GLARE SCREEN 26,612.000 $27.00 $718,524.00 9628 — RESET TEMPO RARY CONCRETE G LARE S CREEN 37,035 $,8.50 $ 314.797.50 9708 -2601 GALVANIC CORROSION PROTECTION SYSTEM 1,586.000 $45.00 $71,370.00 FOR PROTECTION OF PIER CAP ACTIVATED ARC SPRAY ZINC FOR GALVANIC 9708 -2602 47,092.000 $20.75 $977,159.00 y PRO OF REINFORCED CONCRETE 9867 -0024 COMPOST FILTER SOCK, 24" DIAMETER 271.000 $11.00 $2,981400 Ir _M OUNTED ATTENU SHADOW VEHICLE EQUIPPED WITH TRUCK 9901 -0100 1.000 $27,000.00 $27,000.00 � 9910 -0001 JUNCTION BOX 8.000 $800.00 $6,400.00 991 -0007 PULL BOX 23.000 $ 750.00 $17, 250.00 9910 -1206 HIGH MAST LIGHTING POLE (120 -FOOT HEIGHT) 1.000 $55,000.00 $55,000.00 SPECIAL 3" WATERTIGHT FLEXIBLE GALVANIZED STEEL P 910-5309 C ONDUIT 68.000 $40.00 $2,720.00 9910 -7211 TESTING OF ENTIRE LIGHTING SYSTEM 1.000 $1,500.00 $1,500.00 910 O F ENTIRE_LIGHTI S YSTEM 19000 $1 ,5_00.00 $1, 500.0 0 9910 -8000 MISCELLANEOUS LIGHTING WORK 25,000.000 $1.0 $25,000.00 POST MOUNTED SIGNS, TYPE B, CONCRETE 9931 -0001 BARRIER MOUNTED 714000 $70.00 $4,970.00 Contract Total: $36,448,227.41 Bid Total: $36,448,227.41 September 30, 2009 16:26:21 PM Page 19 of 221 ELMS Highway Construction Contract 57764 Payment Bonds Surety Company: The Fidelity and Deposit Company of Maryland Status: Accepted Bonding Agency: Murray Insurance Associates, Inc. Bond Number: PRF8984911 Producer: Kimberly A Horning /PennDOT BP- 002509 Bond Amount: $19,475,000.00 Co- Insurer: Yes NAIC: 39306 KNOW ALL MEN BY THESE PRESENTS, That we, J. D. Eckman, Inc. of P.O. Box 160, 141 Lower Valley Rd., Atglen, PA 19310 as PRINCIPAL,and The Fidelity and Deposit Company of Maryland a corporation,as SURETY, are held and firmly bound unto the Commonwealth of Pennsylvania in the full and just sum of $19,475,000.00, lawful moneyof the United States of America, to be paid to the said Commonwealth of Pennsylvania, or it assigns, to which payment well and truly tobe made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. Sealed with our respective seals and dated this 18 day of September A.D. 2009. Whereas, the above bounden PRINCIPAL has undertaken to contract with the said Commonwealth of Pennsylvania, by and through the Secretary of Transportation covering the workidentified below for approximately the sum of the bond amount defined above. This project consists of the rehabilitation of the George Wade Bridge and other miscellaneous construction, all as indicated on the approved drawings included in the Bid Package for STATE ROUTE 0081, SECTION 042, in CUMBERLAND & DAUPHIN COUNTIES, EAST PENNSBORO & SUSQUEHANNA TOWNSHIPS, and the CITY OF HARRISBURG, from Segment 0634/0635 Offset 1047/1295 to Segment 0670/0671 Offset 0427/0226, for an overall project length of 18,125.61 linear feet (3.433 miles). and WHEREAS, it was one of the conditions of the award of the Secretary of Transportation, acting for and on behalf ofthe Commonwealth of Pennsylvania, pursuant to which said contract was undertaken by the PRINCIPAL that these presentsshould be executed, to become binding upon the date the said contract is approved for the office of Budget, by the Comptroller. NOW, THEREFORE, The conditions of this obligation is such that if the above bounden PRINCIPAL shall and willpromptly or cause to be paid in full all sums of money which may be due by contractor or corporation, for all materials furnishedor labor supplied or performed in the prosecution of the work, whether or not the said material or labor entered into and becamecomponent parts of the work or improvement contemplated, and for rental of the equipment used and services rendered by public utilitiesin, or in connection with, the prosecution of such work, then this obligation to be void, otherwise to remain in full force andeffect. The PRINCIPAL and SURETY hereby, jointly and severally, agree with the obligee herein that any individual, firm, partnership, association or corporation, which has performed labor or furnished material in the prosecution of the work as provided,and any public utility which has rendered services in, or in connection with, the prosecution of such work, and which has not been paidin full therefor, may sue assumpsit on this Payment Bond in his, their, or its own name and may prosecute the same to final judgementfor such sum or sums as may be justly due to him, them, or it, and have execution thereon. Provided, however, that theCommonwealth shall not be liable for the payment of any costs or expenses of such suit. Recovery by any individual, firm, partnership, association or corporation hereunder shall be subject to theprovisions of the "Public Works Contractors' Bond Law of 1967 ", Act No. 385, approved December 20, 1967, P.L. 869, which Act shallbe incorporated herein and made a part hereof, as fully and completely as though its provisions were fully and at length herein recited. It is further provided that any alteration which may be made in the terms of the contract or in the work to be done or materialsto be furnished or labor to be supplied or performed under it or the giving by the Commonwealth of any extension of time for theperformance of the contract or any other forbearance on the part of either the Commonwealth or the Principal to the other shallnot in any way release the PRINCIPAL and the SURETY or SURETIES or either or any of them, their heirs, executors, ad m i nistrators, successors or assigns, from their liability hereunder, notice to the SURETY or SURETIES of any such alteration, extension, orforbearance being hereby waived. IN WITNESS WHEREOF, the said PRINCIPAL and SURETY have duly executed this Bond under seal the day and year firstabove written. Attorney -in -Fact Certification September 30, 2009 16:26:21 PM Page 205 of 221 ECMS Highway Construction Contract 57764 *The undersigned attorney -in -fact by executing this Payment Bond certifies that he /she is licensed with the company namedas surety for this bond and that to the best of his/her knowledge the said surety islicensed with the Pennsylvania Insurance Department. Bond Workflow Status Status Name Disposition Date/Time Draft Dennis M Brubaker/ Submit 09/18/2009 07:36:37 AM PennDOT BP- 000425 Producer Review Kimberly A Horning/ Sign 09/18/2009 09:06:24 AM PennDOT BP- 002509 Contractor Review Dennis M Brubaker/ Sign 09/18/2009 09:17:23 AM PennDOT BP- 000425 BOD CMD Review Christina M Troutman/ Accept 09/18/2009 09:34:58 AM PennDOT September 30, 2009 16:26:21 PM Page 206 of 221 ECMS Highway Construction Contract 57764 Surety Company: Zurich American Insurance Company Status: Accepted Bonding Agency: Murray Insurance Associates, Inc. Bond Number: PRF8984911 Producer: Kimberly A Horning /PennDOT BP- 002509 Bond Amount: $16,973,227.41 Co- Insurer: Yes NAIC: 16535 KNOW ALL MEN BY THESE PRESENTS, That we, J. D. Eckman, Inc. of P.O. Box 160, 141 Lower Valley Rd., Atglen, PA 19310 as PRINCIPAL,and Zurich American Insurance Company a corporation,as SURETY, are held and firmly bound unto the Commonwealth of Pennsylvania in the full and just sum of $16,973,227.41, lawful moneyof the United States of America, to be paid to the said Commonwealth of Pennsylvania, or it assigns, to which payment well and truly tobe made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. Sealed with our respective seals and dated this 18 day of September A.D. 2009. Whereas, the above bounden PRINCIPAL has undertaken to contract with the said Commonwealth of Pennsylvania, by and through the Secretary of Transportation covering the workidentified below for approximately the sum of the bond amount defined above. This project consists of the rehabilitation of the George Wade Bridge and other miscellaneous construction, all as indicated on the approved drawings included in the Bid Package for STATE ROUTE 0081, SECTION 042, in CUMBERLAND & DAUPHIN COUNTIES, EAST PENNSBORO & SUSQUEHANNA TOWNSHIPS, and the CITY OF HARRISBURG, from Segment 0634/0635 Offset 1047/1295 to Segment 0670/0671 Offset 0427/0226, for an overall project length of 18,125.61 linear feet (3.433 miles). and WHEREAS, it was one of the conditions of the award of the Secretary of Transportation, acting for and on behalf ofthe Commonwealth of Pennsylvania, pursuant to which said contract was undertaken by the PRINCIPAL that these presentsshould be executed, to become binding upon the date the said contract is approved for the office of Budget, by the Comptroller. NOW, THEREFORE, The conditions of this obligation is such that if the above bounden PRINCIPAL shall and willpromptly or cause to be paid in full all sums of money which may be due by contractor or corporation, for all materials furnishedor labor supplied or performed in the prosecution of the work, whether or not the said material or labor entered into and becamecomponent parts of the work or improvement contemplated, and for rental of the equipment used and services rendered by public utilitiesin, or in connection with, the prosecution of such work, then this obligation to be void, otherwise to remain in full force andeffect. The PRINCIPAL and SURETY hereby, jointly and severally, agree with the obligee herein that any individual, firm, partnership, association or corporation, which has performed labor or furnished material in the prosecution of the work as provided,and any public utility which has rendered services in, or in connection with, the prosecution of such work, and which has not been paidin full therefor, may sue assumpsit on this Payment Bond in his, their, or its own name and may prosecute the same to final judgementfor such sum or sums as may be justly due to him, them, or it, and have execution thereon. Provided, however, that theCommonwealth shall not be liable for the payment of any costs or expenses of such suit. Recovery by any individual, firm, partnership, association or corporation hereunder shall be subject to theprovisions of the "Public Works Contractors' Bond Law of 1967 ", Act No. 385, approved December 20, 1967, P.L. 869, which Act shallbe incorporated herein and made a part hereof, as fully and completely as though its provisions were fully and at length herein recited. It is further provided that any alteration which may be made in the terms of the contract or in the work to be done or materialsto be furnished or labor to be supplied or performed under it or the giving by the Commonwealth of any extension of time for theperformance of the contract or any other forbearance on the part of either the Commonwealth or the Principal to the other shallnot in any way release the PRINCIPAL and the SURETY or SURETIES or either or any of them, their heirs, executors, administrators,successors or assigns, from their liability hereunder, notice to the SURETY or SURETIES of any such alteration, extension, orforbearance being hereby waived. IN WITNESS WHEREOF, the said PRINCIPAL and SURETY have duly executed this Bond under seal the day and year firstabove written. Attorney -in -Fact Certification `The undersigned attorney -in -fact by executing this Payment Bond certifies that he /she is licensed with the company namedas surety for this bond and that to the best of his/ her knowledge the said surety islicensed with the Pennsylvania Insurance Department. September 30, 2009 16:26:21 PM Page 207 of 221 ECMS Highway Construction Contract 57764 Bond Workflow Status Status Name Disposition Date/Time Draft Dennis M Brubaker/ Submit 09/18/2009 09:09:37 AM PennDOT BP- 000425 Producer Review Kimberly A Horning/ Sign 09/18/2009 09:14:53 AM PennDOT BP- 002509 Contractor Review Dennis M Brubaker/ Sign 09/18/2009 09:18:10 AM PennDOT BP- 000425 BOD CMD Review Christina M Troutman/ Accept 09/18/2009 09:35:02 AM PennDOT September 30, 2009 16:26:21 PM Page 208 of 221 ECMS Highway Construction Contract 57764 Insurance Murray Risk Management and Insurance P.O. Box 1728 Lancaster, PA 17608 Company: Zurich American Insurance Group Policy: GLO489556103 Expiration: 04/01/2010 September 30, 2009 16:26:21 PM Page 209 of 221 EXHIBIT B From: 02/2"'113 12 58 "274 P.0041005 borne site trap help E nnsy . i PAY M ENT 80 ND - Project: 57764 Standard f Federal Oversight Construction Short Description: 1 -8 Wade Bridge Rehab. Org Cocle: 0850 County: Duur+hin SR: 81 'Section: 042 District: 08 Group 1 0: Muni cipality: SUSQ UEHANNA T Detail Bond PRF8984911 Status: Accepte Surety The Fidelity and Dep osit Corr ,an of v y ° �+ x v BP ID: 002373 '. Company: Maryland Bonding hurray insurance Associates. Inc. BP ID: 002509 Agency: Producer: Kimberly A Horning,PennDOT BP- 002509 Bond Amt: $19.475,000.00 Co I nsurer: Yes -- - _.,.�. � ^ NAI C: 39306 KNOW ALL MEN BY THESE PRESENTS, Thai we, J. D. Eckman, Inc, of P.D. Box 160, 141 Lower Valley Rd., Atgten, PAJ 19310 as PRINCIPAL., and The Fidelity and Deposit Company of Maryland a corporation, as SURETY, are held and firmly bound unto the; Commonwealth of Pennsylvania in the full and just sum of $19,475,040.00, lawful money of the United Slates of America. to be paid to' the said Commonwealth of Pennsylvania, or if assigns, to which payment well and truly to be made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. r Seated with our respective seals and dated this 18 day of September A.D, 2009. Whereas, the above bounden PRINCIPAL has undertaken to contract with the said Commonwealth of Pennsylvania, by and through the Secretary of Transportation covering the work identified below for approximately the sum of the bond amount defined abcvFr. This project consists of the rehabilitation of the George Wade Bridge and other miscellaneous construction, all as indicated on the approved drawings included in the Bid Package for STATE ROUTE 0081, SECTION 042, to CUMBERLAND DAUPHIN COUNTIES, FAST PENNSBORO & SUSQUEHANNA TOWNSHIPS, and the CITY OF HARRISBURG. from Segment 063410635 Offset 104711295 to Segment 0670/0671 Offset 042710226, for an overall project length of 18,125.61 gnear feet f3 433 miles) anct VOHERh -AS, it was one of the condrtrons of the award of the Secretary of Transportation, acting for and on behalf of thej Commonwealth of Pennsylvania, pursuant to which said contract was undertaken by the PRfNCtPAL that these presents shouJd I, executed, 10 hrlcoma binding upon the date the said contract is approved for the office of Budget, by the Comptroller. 1 ' NOW, THERE -FORE. The conditions of this obligation is such that if the above bounden PRINCIPAL shad and will promptly on cause to be paid in fuif all Burns of money which may be dire by contractor or corporation, for all materials furnished or labor supplied or, performed in the prosecution of the work, whether or not the said material or labor entered into and became component parts of the work or improvement contem,olated. and for rental of the equipment used and services rendered by public utilities in, or in connection with. the; prosecution of such work, then this obligation to be void, otherrvise to remain in full farce and effect f The PRINCIPAL_ and SURETY hereby, jointly and severalty, agree with the obligee herein that any individual, firm. partnerl'hrp, i association or corporation, which has performed labor or furnished material in the prosecution of the work as provided, and any pubic utltity f� which has rendered services in. or r'n connection wilh, the prosecution of such work, and which has riot been paid in full therefor, may su.1 assumpsil on this Payment Bond in his, their, or its own name and may prosecute the same to final judgement for such sum or sums as r may be;ustly due to him, them. or it, and have execution thereon. Provided, however, that the Commonwealth shall not be liable for the payment of any costs or expenses of such suit. j Recovery by any individual, firm, partnership, association or corporation hereunder shall be subject to the provisions of the "Public t Works Contractors' Bond 'Law of 1967" Act No. 385, approved December 20, 1967, P.L. 869. which Act shal'r be incorporated herein and (((� ! made a part hereof, as fully and complelety as though its provisions were fully and at length herein recited j it is further provided that any alteration which may be made in the teens of the contract or in the work to be done or materials to be i furnished or tabor to be supplied or performed under it or the giving by the Commonwealth of any extension of time for the performance ofl the contract or any other forbearance on the part of either the Commonwealth or the Principal to the other shall not in any way release the PRINCIPAL and the SURETY or SURETIES or either or any of them, their heirs, executors, administrators, successors or assigns, from J fpgy, 02/25 12.59 7274 P.0051005 Z. 0 ono socil �Illcrnnor xj vo TN E " v 1: 4 E P e r F, E 0� . a s a d Pr AIL a nd SUR E T Y have '-LJK� ek-'CU',ed tl BCtld Se3 f' y y Attornc-y�in-Fact Certification The ijnoof , an'-rnev in -fact by &Xeculmc this Payment land certifies that he she is licensed with Pic comPaliy rl �frrld as scr t-y for this . bent anq mat to 0 oes', of ' s aid —swe"V is with . ....... .. ... ....... . . ... . Status Name Disposition DateMme Dra Dennis M BrubakerlPen!tOOT SP-000425 Submit 0911812009 0736:37 AM Producer Review Kimberly A Hornin2/PennDOT BP-002509 Sin 09:06:24 AM Contractor Review Dennis M Brubaker/PennDOT SP•000425 - Assistant Sign 09 B12009 09.17 23 AM Secrete f BOD CMD Review j Christina M Troutman/PennOOT Acce pt _1_09118/2009 09,34:68 AM Audit Information Created By Created On Modified By Modified On F:crils'Syst nn/PenriDOT 0913012009 04 z 1 1 Ptv< F-cms SystemiPera,)DOT 0 913012009 04:23:11 PM You afe currently logged in as Dennis M. Brubaker. Release: 14 0 Pei)nQQT I Hom I Mie-Map I Help I . Pennsylvania Mon Aug 23 09:4313 EDT 2010 Session size 236 6k CopyrightID2009 Pennsylvania tA3pariment otTtSnspotation. AIIRSqMs Reserved Offic4al ELMS Date[T ime EXHIBIT C F rom : 02125"013 IL 57 57 #274 P.0021005 .. ... Pennsylvan �home site anaia_ help Y PA YMENT BOND Frlresect, 57 Standard 1 Federal Oversight. CotBS'rt.�c�ie�r f Short Description: 1 - B1 Wade Bridge Rehat�, Org Code: 0850 County: [dauphin SR: 81 Section: 042 D istric t: 06 Group l fl. M unicipality : SUSQUEHANNA T Detail Band: PRF-3984.Q1 I Status: Accepted i Surety Zurich American Insurance Company BP 10: 002640 Company: Bondi 'J< uray lnstuant. °e Associates, Inc BP ID- 002509 j 9 y: Producer: Kirr,berly A HornmgtPennD0T BP- 00250x3 Bond Aunt: $16,973 227.41 C Insu rer: Yes NA IC: 16535 KNOW ALL MEN BY THESE PRESENTS, That we, J. 0. Eckman, Inc. of P.O. Box 160, 141 Lower Valley Rd_ Atgierr, PAS 19310 as PRINCIPAL, and Zurich American Insurance Company a corporation, as SURETY, are held and firmly bound unto thel Commonwealth of Pennsylvania in the full and just sum of Si6,373.227.49, lawful money of the Unified States of America, to be paid to the said Commonwealth of Pennsylvania, or it assigns, to which payment well and truly,to be made, we bind ourselves, our heirs.j executors, administrators, and successors, jointly and severally, firmly by these presents. t Sealed with our respective seals and dated this 18 day of September A.D. 2009. Whereas, the above bounden PRINCIPAL has undertaken to contract with the said Commonwealth of Pennsylvania, by anu through the Secretary of Transportation covering the work identified below for approximately the sum of the bond amount defined above. This project consists of the rehabilitation of the George Wade Bridge and other misc0aneous construction. all as indicated r on the approved drawings included in the Bid Package for STATE ROUTE 0081, SECT(ON 042, in CUMBERLAND 8 i DAUPHIN COUNTIES, EAST PENNSBORO & SUSQUEHANNA TOWNSH)PS, and the CITY OF HARRISBURG, from Segment 0634/0635 Offset 104711255 to Segment 067010671 Offset 042710226, for an overall project length of 18.125.61 linear feet (3.433 miles). j j and vvHEREAS, ,t was one of the conditions of the award of the Secretary of Transportation, acting for and on behalf of the, Commonwealth of Pennsyivanr'a, pursuant to which said contract was undertaken by the PRINCIPAL_ that these presents should bed executed- to become binding upon the date the said contract is approved for the office of Budget, by the Comptrofter. t+tOW, THEREFORE, The conditions of this obligation is such that if the ;above bounden PRINCIPAL. shall and will promptly on cause to be paid in full all surrzs of money which may be due by contractor or corporation, for all materials furnished or labor supplied or, I performed in the prosecution of the work, whether or not the said material or labor entered into and became component parts of the work on improvement contemplated, and for rental of the equipment used and services rendered by public utilities in, or in connection with, the prosecution of such work, then this obligation to be void, otherwise to remain in full force and effect, he PRINCIPAL and SURETY hereby, jointly and severally, agree with the obligee herein that any individual. firm, partnershrp, association or corporation, which has perforined labor or furnished material in the prosecution of the work as provided, and any public utility l which has rendered services in, or in connection with, the prosecution of such work, and which has riot been paid m full therefor, may suer. assi;mpsit on iMs Payment Bond in his, their, Ur its own name and may prosecute the same to final judgement for such sum or surns as may be justly due to him, them. or it, and have lexecution thereon. Provided, however, that the Commonwealth shall opt he liable for the, payment of any costs or expenses of such suit. t Recovery by any individual firm, partnership, association or corporation hereunder shall be subject to the provisions of the "Public ' Works Contractors' Bond Law of 1967 ", Act No. 385, approved December20. 1967. P.L, 869, which Act shall be incorporated herein andi made a part hereof, as fully and completely as though its provisions were fully and at length herein recited . i it is furiher provided that any alteration which may be made in the terms of the contract or in the work to be done of materials to be i furnished or labor to be supplied or performed under it or the giving by the Commonwealth of any extension of time for the performance of the contract or any other forbearance on the pall of either the Commonwealth or the Principal to the other shall not in any way release the PRINCIPAL and the SURETY or SURETIES or either or any of their,, their heirs, e eCUtats, administrators, successors or assigns, from •F rom 02/251 12:58 #274 P.003/005 :i&.t "y .3 ry 3 '11HE R t h Sold PR INC" kPAL a'!1 SURE have I,'-Jly eXeCVW� MiS k �vaj ,her �Jay ami yeat Fas! Abe've it t - Ni 7 N Attorney-in-Fact Certification unders�gned attorne -ti - fart by executing this Payment Sond certifies that heishe is licensed with the coulpany named is sij for this i 4nd that to v i)c- of hisiher knowledg 0 sai surety ir, licansed with the Pennsylvania i nsurance th i DeparfiTenr Workffovm Status Name Disposition DatefTime Draft bennis M Brubaker/PennDOT E3P-000425 Submit 09118/2009 09:09i37 AM Producer Review Kimberly A Rornin /PennDOT BP-002509 Sign 09/18/2009 09:14:53 AM Contractor Revl'evlj Dennis M Brubaker/PennDOT SP-000425 - Assistant Sign 09118/2009 09:18:10 AM Secretary BOD CMID Review Christina M Troutrnan/PennDOT Acceat 09118/2009 09 AM Audit Information Created By Created On Modified By Modified On Ecrns Systern/Peninbol 09130/20 04:23:11 Ecms Systeniffien' 1 1 PM You are currently togged in as Dennis M. Brubaker Release 14.0 PennQOT I Home I Uo-Map I Help I PenosyN41110 Mon Aug 23 09:44:09 EDT 2010 Sesston size. ?36 6P, Copyright Q 2009 Pennsylvania Department of Transportation. All Rights Reserved. Officiai ECVIS Dateil egiript)-OTP—dy4cy Policy EXHIBIT D RE TrAL P.0 6OX 95 SWEDFSE'ORO NJ 08(R � OWCE 858 - 241 -1118 FAX 856-241 -119 0 l.!; b wt5 } i r' SSEE J[" s SITE - ° - .. - &T(d�e 333 R4omamti Road ti 81 &. Rant $I Cnnon PA IS317 t� t1 r ka tv'r�tstar! . PA r' [0IFFICE9 (1 745-19M 177A1 i50 7.w58 TERMS MODEL 4P YOUR Pao SPA �NET$AY$ f�ELNEFiY�f'SATE 5r3i FROM DELIVERY H/2IR1 11N1T n _- DELIVERY DIRECTIONS Coil Andy ts:s om wu i thM ho 41 dkwt You 44 TERMiN:ATION rt EQUIPMENT 1CONDkTk0% AAT CUSIGM'ER L_OCftTION: 4'tCK UP DRIVER: __T .,.- .�........._ �._..- _..,_..�,_._ _... DATE.. L' I DELIVERY DATE: NEW GOOD POOR {'1) NEW GOOD POOR (t; PAINT __- PAINT riASK•ET1PI_AtTQRti4 ------ BA'SKE'TiPt.ATFORftt RAILS — RAILS SWITCHES _ — SWITCHES CONTROL. BOXES) --.- CONTROL BOX(ES) TIRES — TIRES - -- SAFETY OECAILS - - SAFETY DECALS OPERATORS MANUAL ._BYES ,} NO (1) DESCRIBE ALL POOR ITEMS BEL(Wi (1) DESCRJBE ALFPWR ITEMS BELOW: y1t} i,ut:ompr Inca;; ... gj........... __,..� _...,..._ • m lh *e evm nt rt,tTl t rni U! te.?6d' r, eartandtxs tr{ rnuttrat &orxarnt cl ,pangs sarratt codx3Ctions axtd tnr n>_, �, a c: rrz:riUr; .anfril' ^ T hth y yasa of ,r;;entr:,mt,t sne:, irA cmtxi nv grOalor ptsn A hews pc'+ 1,N, k:. darn: per weeY.. ;IO daga goer n,,,ntr Rnmal td rr^niatec :vta; r ip,YE!X rs'wffir)d by iiY'seC on'} n rr trr'Imrl nyn rwmmrr 's ;4&grdd ' radure to +rttity t,ef sq' conslituI ,, r:hargt -; Crerit.vpi not 1% fircoii inr dawn",; r;uo to Inc t enl r. a, =.+!•a+r A C-Staaurr tkrmage Y :+%;tf�'LSr enanit rs :•3t�rra; catty t^tli7a'J ir," Pzr,.�:r a:�o�v uniass lniersi3ie;it'. ,1 12x, L r.:: r_'. c m; ide4 wr1 a Ecu+proont F?oatar, Clrvl?. gedUinr;Q lust 81e 160'gr!td wAr "Vei tanks rAec g na 010 cyst a! f i!�'+grGe:MS n:.ccrxlingly _j DIESEL ..I r;AS _]F'R' • t)3hINRNuI rrtj t9 r`eiG that Cali protoctlon snag be w'o +r, svhon a}wrat its sn nt ai ,,o,X ptai4nsm d. e. sr.n acknawtardgca this rr. U;r +r ^.nc + +t «ncf ansumes sate re sponsitosity for ptovidlrrg the same to the operation personnel. • Leayoe 0 than Leasertlas prtwided ttre lossae adequate operating irtstrucftons, inciudinq trot not timiled to, rovww c; the manutacturer':t operating nran',uAl detiverot ivAiIn the equipment aria Instruttloni at to hdv to Rarfoim a daily pro -nprr atin„al tnst4eetst'rn tc aasura It" late rsprr'aticn of Vm unit. Losaoa 'LssltrtW s the rospon ibI14 to }degttatoiy Instruct tub$*gauent opritatam and will perm'; einle enrTYpit¢nt and gaat"raed p"onnal to opafale the ♦gv9pmont. • t rr$3<;a ar .nowSeKfge~~ Vn AMa'N. OIL W-INPt Ir'.7, %, 'µ 1.ir5tarr tsrs tIO $3cC;2 l:N rue%! c•:ner the pmpw 3.^_t>tK It j' +yl:er:!9;.. + h• c'V'!c n@1r'cA to DOW +may. fe.y: practww5 LeAW, rind h'Ls det,nalcd OPP1 9 1 ; M7 'n,' 1 Pr.0e".: 1p,Frrne in OCU'lld p+.darrrif)• and link'. harrrAr.* . the LnSsot. his afgorits, sanvriis or r.•mnk;;nx hiw— .arty tr•,<, G:o rYn: ^r1 uy a :.:,, cowre<ah3r. _1 ' the 4.`rc?twr cvr mrpsapes gGCt ccprs":t n a-vot use Of tr„t unzt • Ltstoo m respamsitM tar P9Arno Oat AnO ql; ve d3rrW ' qES f.pxtJd'n'q tizmi Inn hr oulm13 -mog bar'w'r wAtr spay; *, -'± p: i> t:ely ; .e r . : _ Additional ch"im will insult I u tragloctod rrtetntknanco, 'mpmvtir use or oXC 05SrvC cicom+p. An tlrhVC:h,.l a 5ui:, .f k' a.1! le"" anc cpndit'", ; ?r. IPA •¢ +eiec $Icc vY Le,Sw. to -s D +^ir~vreC tt• .._....._......._._____ _ ..._..._�_..�........." t.ir�l NN,tr _._..�.._._.__ _ ...... .. _ .. "...,, ._..,...,_ r, L . DEFINITIONS. lnterstate Aerials, L.L.C. identifies the customer shown on the front page Of this PAYMENT. All rentals shall be payable in full upon return of the Equipment to Interstate agreement as the entity to whom the equipment has been rented'EquipmeriV means anyone Aerials, L.L.C. or prior to 30 days following Interstate Aerials, L.L.C. Invoice to Customer, or more of the items Identified as such on the first page of thisagmement, and shall Include any whichever comes first. Customer acknowledges that timely payment of rental charges is accessories, attachments orother similar items deiivemd to Customer, such as, but not limited essential to Interstate Aerials, L.L.C. business operations and it would be impractical and to, air hoses, elecffid cords, blades, welding cables, liquid fuel tanks, nozzles, and other similar extremely difficult to fix the actual damages caused by late payment Customer and items. 'Customer' means the person or entity Identified as such on the first page of this Interstate Aerials, L.L.C. agree that there shall be added to all past due rental charges a late agreement, including any representative, agent; officer or employee thereof. "store Locators" payment fee equal to the lesser of 2% per month (24% per annum), or the maximum means the Interstate Aerials, L.I.-C. address on the first page of the rental agreement amount allowed by applicable law. AUTHORITY TO SIGN. Any individual signing this contract represents and warrants that he or FAILURE TO DELIVER. Customer releases and discharges Interstate Aerials, L.L.C. from any she is of legal age, and has the authority and power to Sign this rental agreement as or for the and all habiEtyor damages (including consequential and special damages) which might he Customer. caused by Interstate Aerials, L.L.C. failure or Inability to deliver any Equipment by any DISCLAIMER OFWARRANTIES. INTERSTATE AERIALS, L.L.C. MARES NO WARRANTIES, EXPRESS specified date or time. OR IMPUED, AS TO THE MERCHANTABILITY OF THE EQUIPMENT OR ITS FITNESS FOR ANY TITLE/NO PURCHASE OPTION /NO LIENS. This agreement is not a contract of sale, and PARTICULAR PURPOSE THERE IS NO WARRANTYTHAT THE EQUIPMENT 15 SUITED FOR title to the Equipment shall at all times remain with interstate Aeriab, LLC, Unless CUSTOMERS INTENDED USE, ORTHAT IT IS FREE FROM DEFECTS. EXCEPT As MAY BE 50m , f- covered by a specific supplemental agreement signed by, Interstate Aerials, L.L.C. the CALLY SET FORTH IN THIS RENTAL AGREEMENT, INTERSTATE AERIALS, LAIC. DISCLAIMS ALL Customer has no option or right to purchase `the Equfbmee . Customer shall keep the OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, MADE IN CONNECTION WITH THIS RENTAL Equipment tree and clear of ail mechanics and other liens and encumbrances. TRANSACTION. TIRE TUBE REPAIR OR REPLACEMENT. Repair:'dr tepl£tement of fi ces and tubes is the INDEMNITY/HOLD HARMLESS /DAMAGES. Customer acknowledges and assumes all risks responsibility of the Customer, and Is not Included In the rental rate. Inherent in the bpeiation am! use of the Equipment by Customer and will take all necessary DEFAULT. Should Customer in any fai perform, observe or keep any provision of precaution to protectall personsand pmpertyfrom injuryor damage while in possession of the this rental agreement, interstate Aerials,L.LC. may at its option do any one or more of the Equipment. Interstate Aerials, L.L.C. shall not be responsible to Customer Or to any other party following (o) terminate this agreement; (b) declare the entire rent Immediately due and for any loss, damage at Injury (including any loss of profits, business interruption or other payable and commence legal action therefore; (c) retake possession of the Equipment special or consequential damages) caused try, resulting from, priyl connected with the hold the Customeriiable for all rental and other charges; or (d) pursue any other remedies Equipment, Its olserutton or use, or any defect with respect there to 'Customer agrees to available bylaw. defend, Indemnify and hold Interstate Aerials, L.L C. harmless from and against any and all REPOSSESSION Of EQUIPMENT. fry the event of any actual or anticipatory breach by I'IabiRty, claims and damages of any kind (including attorney's fees) for Injuries or death to Customer, interstate Aerials, L.L.C. employees or agents may, without notice or legal persons and damage to property arising out of the use, maintenance, Instruction, operation, process, go upon Customer's property and take all action reasonable necessary to possession, ownership or rental of the Equipment, however caused, repossess,tliotruipa ent. Customef6iaNes all claims f if damages and losses, physical or RECEIPT 8. INSPECTION OF EQUIPMENT. Customer acknowledges that Customer has inspected S pecuniary, caused thereby, and chap pay all costs and expenses incurred by Interstate the Equipment prior totaking possession thereof, fads it in good working, order and repair, and Aerials, L.L.C. In retaking the Equipment. suitable for Customer's needs. Customer is familiar with the proper operation and use of each CUSTOMER'S INSURANCE COVERAGE. Customer agrees to maintain and carry, at its sole item of Equipment. Customer has inspected or will inspect all hitches, bolts, safety chains, cost, adequate liability, physical damage, public liability, property damage and casualty hauling tongues and other devices and materials used to connect the Equipment to Customer's insurance for the full replacement cast Of the Equipment, including all risks of loss or towing vehicle, if any; Interstate Aerials, L.L.0 Is not responsible for any damage to Customer's damage covered by the standard extended coverage endorsement to cover any damage towing vehicles caused by detachable hitches or mirrors. or liability arising from the handling, transportation, maintenance, operation or use of the USE OF EQUIPMENT Customer will not use or allow anyone to use the Equipment:(a) for an Equipment during the entire rental period. When requested, Customer shall supply to illegal purpose or in an illegal manner, (b) without a license. if required under any applicable Interstate Aerials, L.L.C. proof of such insurance by Certificate of insurance clearly setting law, or (c) who is not qualified to operate R. Customer agrees, at Customer's sole expense, to forth the coverage for the Equipment and naming Interstate Aerials, L.L.C. as loss payee comply with all applicable municipal, state, and Federal laws, ordinances and regulations and additional Insured; such insurance and evidence thereof to be in Amounts and form (including O.S.H.A) which may apply to the use of the Equipment. Customer agrees to check satisfactory to Interstate Aerials, L.L.C. shall receive not less then thirty (30) days notice Hite", Oil, fluid levels, tire air pressure, clean and visually Inspect the Equipment daily and to prlorto any cancellation of the insurance required hereunder. immediately notify Interstate Aerials, L,LC. when Equipment needs repair or maintenance. ACCIDENTAL DAMAGE WAIVER PROVISIONS. Accidental damage waiver Is not Customer acknowledges that interstate Aerials, t.LC, has no responsibility to inspect the insurance. In the event Customer has elected to accept and pay for the Accidental Equipment while It is M Customer's pussession. Damage Waiver on the first page of this agreement, Interstate Aerials, L.L,C, agrees that MALFUNCTIONING EQUIM NT. Should the Equipment become unsafe, rnallunction or require notwithstanding the terms and conditions se[ forth in this agreement to the contrary, repair. Customer shall immediately cease using such Equipment and immediately notify Customer shall not be responsible for direct physical damage tothe Equipment if it is used Interstate Aerials, LLL If such condition Is the result of normal operation, Interstate. Aerials, for Its specific purpose, and not misused In any fashion. LLC, will repair or replace the equipment with similar Equipment in working order If such Notwithstanding the foregoing, interstate Aerials, L.L.C. will not waive a claim replacement Equipment is available. Interstate Aerials, L.L.C. has no obligation replace for loss or damage; (a) to Equipment as a result of overloading or exceeding Its rated Frjvlpment rendered moperabte by misuse, abuse or neglect. Customers sole remedy for any capacity; (b) to motors, generators, drills or other electrical appliances or devices caused failure or defect in Equipment shall be the termination of any rental charges accruing after the by portable electric current, whether or not said portable current is supplied by Interstate time of failure. The Equipment must be returned to the Store Location within twenty-four hours Aerials, L.L.C. (c) to hydraulic cylinders; (d) to tires and tubes caused by blow out, bruises, From the time of defect in order to terminate rental charges. cuts, punctures or other causes inherent in the use of the Equipment; (e) resulting from a RETURN OF EQUIPMENT, DAMAGED & LOST EQUIPMENT. At the expiration of the term lack of, or negligent lubrication or other Improper servicing of the Equipment, or damage Customer will return the Equipment to the Store. location during Interstate Aerials, LLC. resulting from misuse, abuse, failure to maintain, cleanliness, improper servicing of the regular business hours, Such Equipment to be In the condition and repair as when delivered to Equipment or damage resuhing from misuse, abuse, failure to maintain proper fuel, Customer, subject to reasonable wear and tear, as defined below. Customer shall be liable for hydraulic, coolant or pressure levels; (f) due to mysterious disappearance, or any all damages to or loss of the Equipment, Including any damage during transit to or from Equipment which Is not returned for whatever reason, Including theft; (g) for any and all Customer. In the case of the loss or destruction of any Equipmem, or Inability or failure to accessories, such as, but not which is not limited to air hoses, electric cards, blades, return same to Interstate Aerials, L.L.C. for any reason whatsoever, Customer will pay Interstate welding cable, liquid fvel tanks and other similar Items and accessories; (h) use of Aerials, L.L,C, the than full replacement list value together with the full rental rate as specified Equipment in violation of any terms of this agreement law, ordinance or regulation. until such Equipment is replaced. If Interstate Aerials, L.L.C. has agreed to deliver the If Customer has Insurance covering any loss or damage to which this AccIden- Equipment to Customer or to pick up the Equipment from Customer, Customer shall pay tal Damage Waiver relates, this Accidental Damage Waiver becomes secondary and shall Interstate Aerials, LLC the reasonable cost of repair and pay rental on the Equipment at the only apply to the exte nd such damage is not covered by Custorer's Insurance. Customer regular rental rate until all repairs have been completed. interstate Aerials, L.L.C. shall be under shall exercise all rights available to Customer under said insurance and take all action no obligation to commence mpairwork until Customer has paid to interstate Aerials, L.LC. the necessary to process said claim. Customerfurther agrees to assign said claim and any and estimated cost therefore. all proceeds from such insurance to Interstate Aerials, L.L.C. Upon request Interstate REASONABLE WEAR AND TEAR. Reasonable wear and tear of the Equipment shall mean only Aerials, LL.C. Customer shall fully cooperate with Interstate Aerials, L.L.C. and furnish the the normal deterioration of the Equipment caused by ordinary and reasonable use on a one name of Customer's Insurance agent, insurance company, and information concerning shift (eight hours per day, 40 hours per week) basis. The following shall not be deemed Customer's insurance coverage. reasonable wear and tear; (a) damage rewiring train lack of lubrication or maintenance of As a condition for Interstate Aerials, L.L.C. agreement pursuant to this necessary oil, water and air pressure levels; (b) except where hrte[state Aerials, t.l..0 expressly Accidental Damage Waiver provision, Customer must - immediately notify interstate assumes the obligation to service or maintain the Equipment, any damage resulting from lack Aerials, L.L.C. of any loss or damage. of service or prevemative maintenance suggested in the manufacturer's operation and malme- ENTIRE AGREEMENT /ONLY AGREEMENT. This written agreement represents the entire nano. manual; (c) damage resulting from any collision, overturning, or improper operation, agreement between the Customer and Interstate Aerials, L.L.C. There are no oral or other Including overloading ne exceeding the rated capacity of the Equipment (d) damage in the representations or agreements not Included herein. None of Interstate Aerials, L.L.C. nature of dents, bending, tearing, staining and misalignment to orofthe Equipment or any part rights or Customer's rights may be. changed and no extension of the terms of this thereof; (e) wear resulting from use in excess of shifts for which rented; and (f) any other agreement may be made except in writing, signed by both Interstate Aerials, LL.C, and damage to the Equipment which is not considered ordinary and reasonable in the equipment Customer. The use of Customer's purchase order number on this agreement is for rental Industry. Repairs to the Equipment shall be made to the reasonable satisfaction of Customer's convenience only. This rental agreement supersedes any purchase order or Interstate Aerials, L.L.C. and in a manner, which will not adversely affect the operation, other Customer provisions or forms whether sent to or received prior, of subsequent to manufacturer's design or value of the Equipment. this rental agreement. LATE RETURNS. if not timely returned, in additionto therental rates set forth in the agreement, NO ASSIGNMENT, LENDING OR SUBLETTING. Customer shall net sublease, subrent, or Customer agrees to pay an additional charge of 1/6 of the daily rate for each hour the assign or load the Equipment, and any such action by Customer shall be void. Customer Equipment is retained beyond the expiration of the rental period. Customer agrees to pay for agrees to use and keep the Equipment at the job site Sri forth on the front page 'of this airy damage to or loss of the Equipment occurring between the time the Equipmentis returned form unless interstate Aerials, LLC approves otherwise in writing, and the commencement of Interstate Aerials, LLC. next business day in the event the OTHER PROVISIONS. Any failure of Interstate Aerials, L.L.C. to Insist upon strict Equipment is returned to the Store Location at other than Interstate Aerials, I.A.C. regular performance by Customer of any terms and conditions of this agreement shall not be business hours, construed as a waiver of interstate Aerials, L L.C. right to demand strict compliance. RENTAL PERIOD & CALCULATION OF CHARGES. Rental charges commence when the customer has carefully reviewed this agreement and waives any principle of law, which Equipment leavesthe Store location and and when the Equipment is returned thereto. Rental would construe any provision hereof agaimc Interstate Aerials, L.L.C. as the rraftsperson charges accrue during Saturdays, Sundays, and holidays. Rental rates are for normal usage of this agreement. Customer agrees to pay all reasonable costs of collections, court, based on an eight hour day, 40 hours per weak and 160 hours per month. On power attorneys fees and other expenses incurred by Interstate Aerials, L.L.C. in the collection of equipment, operadan in excess of one shift (eight boors per day) will be at Interstate Aerials, any charges due under this rental agreement or in connection with the enforcement of its L.L.C. standard premium rates. Customer will truthfully and accurately certify to interstate terms. Customer shall pay the rental charge without any offsets, deductions of claims. The Aerials, L.L.C. the number of shifts the equipment was operated. Customer's right to possess federal and state courts in the county in which the Store Location is located shall have the Equipment torminates on the expiration of the rental period set forth on page one of the exclusive jurisdiction over all matters relating to this agreement. Trial by jury is walved. agreement and retention of possession after this time is a material breach of this agreement. Service Of process may be affected by certified mail, return receipt requested. Interstate TIME IS OF THE ESSENCE of this agreement Aerials, T.L.C. shall be entitled to decrees of specific performance (without posting bond DEPOSIT. In addition to securing the payment of rental charges hereunder, Customer agrees or other security) in addition to such other remedies as may be available. CRIMINAL that any rental deposit shall be deemed to be a guaranty by Customer of the full and COITIplete WARNING: The use of false Identification to obtain Equipment or the failure to return the performance of each and all of the terms, covenants, and agreements to be performed by Equipment by the Date Due may be considered a theft subject to criminal prosecution Gmtomer hereunder, and in the event of any breach by Customer thereof said deposit shall be pursuant to applicable criminal or penal code provisions. credited against any damages, costs or expense incurred by Interstate Aerials, L.L.C. as a result of such broach, Print (Name) (si6mature) y( Bt,)X S5 SWErE `E-:S£30RO ivs E f;t,F OFFIC 856x•2.41.1 t1E IFAX 856 - 241 -''' t, w: Ica STYE 3 3 11 40rWim R"d rt V1 G fim2 52 ; CRIM -116 rX PA 55317 3f'.tlC l 251 j Ha17fS urg, FA TERMS 1 YOUR P.O.* S /f5 NET 3t1 DAYS C2f, -.0 UN - QAY#. FRO DELIVERY Q 1 a�?' w. ..w... _.. .... , o .._.._ _.. ., 0ELIVERYmrrCTIONS c EUUiPTAENT CONDITION AT CUSTOMER LOCATION ;'IC#: ur DELINERi' - . -. O ATE: NEW GOOD POOR ji) NL`Y1 UOla PAINT ,. PAINT x BASKET'fPS_ATFORM BASKETIPLATFORN! RAILS __..a _..._ RAILS .:.. SWITCHES _.._.�. SW(TC"ES . "• - CONTROL nOMES) _ ....... _ � CONTROL BOX(CS) _ TIRES _ TIRES SAFETY DECALS __. SAFETY DECALS OPERATORS MANUAL I YES _j NO (1) 01:SCR13E All POt)R t IEKS Bf-L, A'a'o f'I) DESCRIBE ALL POOR ITEMS BELOW: __.Y_..., _.� ._, _.__. _ � _.. .... ...... _ _ - ,,......... _ .. Cts ^a1S� ---.. ...., .__,..,.......__....._. ........ _.._ ......... ................ .....�......_..._._....�....... i:1 :htt "'om mat leatdr. elle"dea r!y 0M 11131 [, AA01-wt 01 MflwS Ffs!tsa 1"',d•hpns .g sn}'{ Ctl "Iin.�l' 3i:!'ta ' f'::..; t +wWe rr rtrjuYlz•r;t:nt SnaO C +� asset r� eattnr th 8 hovrcs re+ d r itY.: +iz .`ti•� `s:< wv5:4: 2C Ct yiv y:ux n'xpnil Rrn !V K.: A-Is when Lessor. �s rtotr.5rc: oy y°ssear arm a ren=,nt lwrmntq; "' r-;nl � +errs, r5 ass = 1,7+>gcs '6 ;W -r t:. xv,A Ltresn, 1 s� ^oan 9cMlti mYt?it G;.'="ctt C ^cc v„tt rua . Y Gan3nttt ",t`S ndtl Loh:t' a 6@ 1 ^; "�ut:U ;[�r .lnrin: .^�,:. ;!. �r ... .. •. , ' I.:., <t,yrRr;: CIamF',�4$ Yhrrvcr ChuyN s b.,1:.Kn31tK.attp T.CItla'U la x; tft:�t +fi��.:se. u': p • I; i{grri L : ;; a t, *•r.. ; . ; ,i;, : ;. (Jrgy W;40 llt entI fuat We d4Ven d wKh lank* fi%Xl RM d M4 M91 nt hrGi rt +H ues Cw6 G *„catdirgty, . _.J C7tESEi. !.J!A -5 — pIZCAi'ANE i_. TflfdY$1 _._; 6l EC!k.•:. • OrirtAYANSI requires that tali protectlon shatt wom when operating en acri_t ~h lZPatrarm. tbtane as. - .H swe ror oa„slbillty for providing Iha same to Me bpertt$" pcmvnn Pi. ^ Lwi^ .. 4,ctnowtad"4 that 'salts t%s pxcfa ck'3 The tbs -o atuplaio op."ting instrucoorrs, inplirdtne YPt: not tn, {: v.•.,, :. r•vanuthr:tueei t aPermfng manual dmINortO wi:3h the egnlpment and Inittm Olons as to haw to petk,sro tt ;,n i;g wc- op<i'znv : -. i 1, =; c+ r :n • .. asn urb Mee safe op ration of Me unlit. Laa9ee m %tunes t1*b vx5p+taxEB#:3y to Idto'le ily lastttjc ev1� *ortiron' cr; �„c ., .;1 �,n • ., corr.petnnt and gx +tttfind personnel to opor'ete the sguittmertt. :.kesoe a#.nzw' m- yles that dx1no ps term of }sa 't, tre Le>s+u ruts nr.• a;rect c. 11MA r,'.aor lr tr.lrnaC ri s r>: ^tte,r apt;.x!t!6:n crs�,l :enlsnl: to {7a:n, seh:,y ixae'n ces LessaPCa aan nrs dearrnataC cKtttratlr•,� per:;;±,v,t^<:raurrre+ rcivgrranh7bn 4a, trc' ,• �r r,-, !., . , ... ,. 3(�e!eng tp ur'X�;*G.cru,�+mR4fb tt:WK'w:•:tl + "sr.:de5bt%ts: 4314�'C'n, 3sur a�tMlL. S£P4'tiatEE C➢' ^.,^'srtr °r. �^5',v ?i �nY �?F�, r.�at ;r � -,. ,.- .t�e.x ...., - cu�tnt�,�wn V, m'e proper or tmtp opw ,.lulls," I)on vet ewk l arA94 uSU a: t' w t Vg' At3 hiiK; +t;;tn63 cltn ryjGS�ats reo utt {lan: !3C:j- +eciNd ma+nump'nt^.g, lnprapar ;' ;so n' Jk C„L Ztve tAm3nyp ... �.. I:f. ?; i' .. ..:C:t.. . ,., 171 I>a: "rr pt:1.1 ✓•.s. 4!1 ktSC:i'vr,.z" Sxyy.. d:w - ! "J i ,.. „ap rnr..'K _.,..y r .;� .. , DEFINITIONS. Interstate Aedals, L.L.C, Identifies the customer shown on the front page of this PAYMENT. All rentals shall be payable in full upon return of the Equipment to Interstate agreement as the entity towhom the equipment has been rented "Equipment" means any one Aerials, LL.C, or prior to 30 days following Interstate Aerials, L.L.C. Invoice to Customer, or more ofthe items identified as such on the first page of this agreement, and shall Include any whichever comes first. Customer acknowledges that timely payment of rental charges is accessories, attachments or other stmllarrtems delivered to Customer, such as, but not limited essential to Interstate Aerials, L.L.C. business operations and it would be impractical and to, air hoses, electhE cords, blades, welding cables, liquid fuel tanks, nozzles, and other similar extremely difficult to fix the actual damages caused by late payment. Customer and items. "Customer" means the person or entity Identified as such on the first Page of this Interstate Aerials, L.L.C. agree that there shall be added loan past due rental charges late agreement, including any representative, agent officer or employee thereof. 'Store location" payment fee equal to the lesser of 2% per month (24% per annum), or the maximum means the Interstate Aerials, I..LC. address on the first page of the rental agreement amoum allowed by applicable law. AUTHORITY TO SIGN. Any individual signing this contract represents and warrants that he or FAILURE TO DELIVER. Customer releases and discharges Interstate Aerials, LLG from any she is of legal age, and has the authority and power to Sign this rental agreement as or for the andall liability or damages flncluding consequential and special damages) which might be Customer. caused by Interstate Aerials, L.L.C. failure or inability to deliver any Equipment by any DISCLAIMER OFWARRANTIES. INTERSTATE AERIALS, LL.C. MAKES NO WARRANTIES, EXPRESS specified date or time. OR IMPLIED, AS To THE MERCHANTABiLrLY OF THE EQUIPMENT OR ITS FITNESS FOR ANY TITU JNO PURCHASE. OPTION /NO LIENS. This agreement is not a contract of sale, and PARTICULAR PURPOSE THERE IS NO WARRANTYTHAT THE EQUIPMENT IS SUITED FOR title to the Equipment shall at all times remain ;with Interstate Aerials, LLC. Unless CUSTOMERS INTENDED USE, OR THAT R IS FREE FROM DEFECTS. EXCEPT AS MAY BE SDECIFI- covered by a specific supplemental agreement signed by Interstate Aerials, L.L.C. the. CAUY SET FORTH IN THIS RENTAL AGREEMENT, INTERSTATE AERIALS, LLC. DISCLAIMS ALL Customer has no option or right to purchase'tAe Equipment. Ctstorrier shall keep the OTHER WARRANTtFS, EITHER EXPRESS OR IMPLIED, MADE IN CONNECTION WITH THIS RENTAL Equipment tree and clear of all mechanics and other fleas and encumbrances. TRANSACTION. TIRE/TUBE REPAIR OR REPLACEMENT. RepaWbr teplScement of tires and tubes is the INDEMNITY /HOLD HARMLESS /DAMAGES. Customer acknowledges and assumes all risks responsibility of the Customer, and Is not included In the rental rate. inherent in the opeiation and use of the Equipment by Customer and will take all necessary DEFAULT, Should Customer in any faR perform, observe or keep any provision of precautionto protectali persons and property from injury or damage while in possesslonofthe this rental agreement, interstate Aerials, L.L.C. may at its option do any one or more of the Equipment. Interstate Aerials, L.L.C. shall not be responsible to Customer or to arty other party following (a) terminate this agreement; (b) declare the entire rent immediately due and for any loss, damage or Injury (including any loss of profits, business interruption or other payable and commence legal action therefore; (c) retake possession of the Equipment special or consequential damages) caused by, resulting from, pr ip,anyway connected with the hold the Customer liable for all rental and other charges; or (d) pursue any other remedies Equipment, Its opkratron or use, or any defect with msp'eu there t6 Customer agrees to available bylaw. defend, Indemnify and hold Interstate Aerials, L.I.C. harmless from and against any and an REPOSSESSION OF EQUIPMENT. In the event of any actual or anticipatory breach by liability, claims and damages of any kind (including attorney's fees) for injuries or death to Customer, Interstate Aerials, L.L.C. employees or agents may, without notice or legal persons and damage to property arising out of the use, maintenance, Instruction, operation, process, go upon Customer's property and take all action reasonable necessary to possession, ownership or rental of the Equipment however caused. repossess.tfie:Eeuiprri'erd. Customei waftresall ciatmstbt damages and losses, physical or RECEIPT &INSPECTION OF EQUIPMENT. Customer acknowledges that Customer has inspected 5 pecuniary, caused thereby, and shall pay all costs and expenses Incurred by interstate the Equipment prior tritaktng possession thereof, finds din good working, order and repair,and Aerials, L.L.C. in retaking the Equipment suitable for Customer's needs. Customer is familiar with the proper operation and use of each CUSTOMER'S INSURANCE COVERAGE. Customer agrees to maintain and carry, at its sole item of Equipment. Customer has inspected or will Inspect all hitches, bolts, safety chains, cost, adequate liability, physical damage, public liability, property damage and casualty haulinp tongues and other devices and materials used to connect the Equipment to Customer's insurance for the full replacement cost of the Equipment, including all ifskS of loss or towing vehicle, If any; Interstate Aerials, LL.0 is not responsible for any damage to Customer's damage covered by the standard extended coverage endorsement to cover any damage towing vehicles caused by detachable hitches or mirrors. or liability arising from the handling, transportation, maintenance, operation or use of the USE OF EQUIPMENT. Customer will not use or allow anyone to use the Equipment(a) for an Equipment during the entire rental period. When requested, Customer shall supply to illegal purpose or in an illegal manner, (b) without a license, if required under any applicable Interstate Aerials, L.L.C. proof of such insurance by Certificate of insurance clearly setting law, or (c) who is not qualified to operate ft. Customer agrees, at Customer's sole expense, to forth the coverage for the Equipment and naming Interstate Aerials, L.L.C. as loss payee comply with all applicable municipal, state, and federal laws, ordinances and regulations and additional Insured; such insurance and evidence thereof to be in amounts and form (including O.S.H.A) which may apply to the use of the Equipment. Customer agrees to check satisfactory to Interstate Aerials, T.L.C. shall receive not less then thirty (30) days nonce filters, oil, fluid levels, tire air pressure, clean and visually inspect the Equipment daily and to prlor to any cancellation of the insurance required hereunder. immediately notify Interstate Aerials, L.LC, when Equipment needs repair or maintenance. ACCIDENTAL DAMAGE WAIVER PROVISIONS. Accidental damage waiver is not Customer acknowledges that Interstate Aerials, I.L.C. has no responsibility to inspect the. Insurance- In the event Customer has elected to accept and pay for the Accidental Equipment while It is M Customer's possession. Damage Waiver on the first page of this agreement, Interstate Aerials, LA-C agrees that MALFUNCTIONING EQUIMFNT. Should the Equipment become unsafe, malfunction or require notwithstanding the terms and conditions set forth in this agreement to the contrary, repair. Customer shall immediately cease using such Equipment and Immediately notify Customer shall not be responsible for direct physical damage to the Equipment if ft Is used Interstate Aerials, LL.C. H such condition is the result of normal operation, Interstate Aerials, for its specific purpose, and not misused In any fashion. LLC. will repair on replace the equipment with similar Equipment in working order if such Notwithstanding the foregoing, interstate Aerials, L.L.C. will not waive a claim replacement Equipment is available. Interstate Aerials, L.L.C. has no obligation replace for loss or damage; (a) to Equipment as a result of overloading or exceeding Its rated Fq!ilpment rendered inoperable by misuse, abuse or neglect. Customer's sole remedy for any capacity; (b) to motors, generators, drills or other electrical appliances or devices caused failure or defect in Equipment shall be the termination of any rental charges accruing afterthe byportableelectricarrrent, whether or not said portabfe current is supplied by Interstate time of failure. The Equipment must be returned to the Store Location within twenty-four hours Aerials, T.L.C. (c) to hydraulic cylinders; (d) to tires and tubes caused by blow out, bruises, from the time of defect in order to terminate rental charges. cuts, punctures or other causes Inherent In the use of the Equipment; (el resulting from a RETURN OF EQUIPMENT, DAMAGED & LOST EQUIPMENT. At the expiration of the term lack of, or negligent lubrication or other improper servicing of the Equipment, or damage Customer will return the Equipment to the Store Location during Interstate Aerials, LLC. resulting from misuse., abuse, failure to maintain, cleanliness, improper servicing of the regular business hours, such Equipment to be in the condition and repair as when delivered to Equipment or damage msuhing from misuse, abuse, failure to maintain proper fuel, Customer, subject to reasonable wear and tear, as defined below. Customer shag be liable for hydraulic, coolant or pressure levels; (f) due to mysterious disappearance, or any all damages to or loss of the Equipment, including any damage during transit to or from Equipment which Is not returned for whatever reason, including theft; (g) for any and all Customer. In the case of the loss or destruction of any Equipment, or Inability or failure to accessories, such as, but not which is not limited to air hoses, electric cords, blades, return some to lnterstateAedals,L.L.C. for any reason whatsoever, Customerwiil pay Interstate welding cable, liquid fuel tanks and other stainer items and accessories; (h) use of Aerials, L.L.C. the then full replacement list value together with the full rental rate as Specified Equipment in violation of any terms of this agreement law, ordinance or regulation. until such Equipment is replaced. If Interstate Aerials, LLC, has agreed to deliver the If Customer has insurance covering any loss or damage to which this Acciden- Equipment to Customer or to pick up the Equipment from Customer, Customer shall pay tal Damage Waiver relates, this Accidental Damage Waiver becomes secondary and shall Interstate Aerials, LL.0 the reasonable cost of repair and pay rental on the Equipment at the only apply to the extend such damage is not covered by Customer's Insurance. Customer regular rental rate until all repairs have been completed. Interstate Aerials, L.L.C. shall be under shall exercise all rights available to Customer under said insurance and take all action no obligation to commence mpairwork until Customer has paid to interstate Aerials, L.L.C. the necessary to process said claim. Customerfurther agrees to assign said claim and any and estimated cost therefore. all proceeds from such insurance to Interstate Aerials, L.L.C. Upon request Interstate REASONABLE WEAR AND TEAR. Reasonable wear and tear of the Equipment Shan mean only Aerials, L.L.C. Customer shall fully cooperate with Interstate Aerials, L.L.C. and furnish the the normal deterioration of the Equipment caused by ordinary and reasonable use an a one name of Customer's Insurance agent, insurance company, and information concerning shift (eight hours per day, 40 hours per week) basis. The following shall not be deemed Customer's Insurance coverage. reasonable wear and tear; (a) damage resulting from lack of lubrication or maintenance of As a condition for Interstate Aerials, L.L.C. agreement pursuant to this necessary oil, water and air pressure levels; (b) exceptwhere lrterstale Aerials, I.L.C. expressly Accidental Carnage Waiver provision, Customer must immediately notify interstate assumes the obligation to service or maintain the Equipment, any damage resulting from lack Aerials, L.L.C. of any loss or damage, of service or preventative maintenance suggested In the manufacturer's operation and mainte- ENTIRE AGREEMENT /ONLY AGREEMENT. This written agreement represents the entire nance manual; (c) damage resulting from any collision, overturning, at Improper operation, agreement between the Customer and Interstate Aerials, C.L.C. There are no oral or other Including overloading nr exceeding the rated capacity of the Equipment (d) damage in the representations or agreements not Included herein. None of Interstate Aerials, L.L.C. nature of dents, banding, tearing, staining and misalignraentto orofthe Equipment or any part rights or Cusuarner's rights may be, changed and no extension of the terms of this thereof; (e) wear resulting from use in excess of shifts for which rented; and (f) any other agreement may be made except in writing, signed by both Interstate Aerials, LL.C. and damage to the Equipment which is not considered ordinary and reasonable In the equipment Customer. The use of Customer's purchase order number on this agreement is for rental Industry. Repairs to the Equipment shall be made to the reasonable satisfaction of Customer's convenience only. This rental agreement supersedes any purchase order cr Interstate Aerials, L.L.C. and in a manner, which will not adversely affect the operation, other Customer' provisions or forms whether sent to or received prior, of subsequent to manufacturer's design or value of the Equipment. this rental agreement. LATE RETURNS. If not timely returned, In addidontothe rental rates set forth in the agreement, NO ASSIGNMENT, LENDING OR SUBLETTING. Customer shall not sublease, subrent, or Customer agrees to pay an additional charge of 1/5 of the daily rate for each hour the assign or load the Equipment, and any such action by Customer shall be void. Customer Equipment Is retained beyond the expiration of the remal period. Customer agrees to pay for agrees in use and keep the Equipment at the job site set forth on the front page of this any damage to or less of the Equipment occurring between the time the Fquipmentis returned form unless Interstate Aerials, L.LC approves otherwise in writing. and the commencement of Interstate Aerials, LL.0 next business day in the event the OTHER PROVISIONS Any failure of Interstate Aerials, L.L.C. to Insist upon strict Equipment is returned to the Store Location at other than Interstate Aerials, I.L.C. regular performance by Customer of any terms and conditions of this agreement shall not be business hours. construed as a waiver of Interstate Aerials, L L.C. right to demand strict compliance. RENTAL PERIOD & CALCULATION OF CHARGES, Rental charges commence when the customer has carefully reviewed this agreement and waives any principle of law, which Equipment leaves the Store location and and when the Equipment is returned thereto. Rental would construe any prevision hereof against Interstate Aerials, LL-C. as the craftsperson charges accrue during Saturdays, Sundays, and holidays. Rental rates are for normal usage of this agreement. Customer agrees to pay all reasonable costs of collecoons, court, based on an eight hour day, 40 hours per week and 260 hours per month. On power attorneys fees and other expenses incurred by Interstate Aerials, L.L.C. in the collection of equipment, opemtinn in excess of one shift (eight hours per day) will be at Interstate Aerials, any charges due under this remat agreement or rn connection with the enforcement of its I.T.C. standard premium rates. Customer will truthfully and accurately certify to Interstate terms. Customershail pay the rental charge without any offsets, deductions of claims. The Aerials, L.LC. the number of shifts the equipment was operated. Customer's right to possess federal and state courts in the county in which the Store Location is located shall have the Equipment terminates on the expiration of the rental period set forth on page one of the exclusive jurisdiction over all matters relating w this agreement. Trial by jury is waived. agreement and retention of possession after this time is a material breach of this agreement. Service of process may be affected by certified mail, return receipt requested. Interstate TIME 15 OF THE ESSENCE of this agreement Aerials, L.L.C. shall be entitled to decrees of specific performance (without posting bond DEPOSIT. In addition to securing the payment of rental charges hereunder, Customer agrees or other security) in addition to such other remedies as may be available. CRIMINAL that any rental deposit shall be deemed to be a guaranty by Customer of the full and complete WARNING: The use of false identification to obtain Equipment or the failure to return the performance of each and all of the terms, covenants, and agreements to be performed by Equipment by the Date Due may be considered a theft subject to criminal prosecution Gustomer hereunder, and in the event of any breach by Customer thereof said deposit shall be pursuant to applicable criminal or penal code provisions. credited against any damages, costs or expense incurred by Interstate Aerials, L.L.C. as a result of such breach. Print (Name) (Signature) EXHIBIT E F t3,C Svif desi3orc, 3 P: (856) 2 -11 u8 i": (855) 241 -119 Statement Panthera Fainting 333 Morganza Road Canonsburg, PA United States 15317 Date Recerpt Description Amoun ,balanc Forwa I 60,542.70 New Purchases T 0.00 _,.... ...... ...... P ay m ents Received 0.00 - -- — IN Balance Due 60,542.70 ... _... _ ..--- ...... ...._ _....-- ......._ 1 Date Invoice Invoice Tearoff Amoun Paid Balance Aging —. — ......__ —.... __. _ .... — — — — .._ ... a l1 8/20 12 4 48877 $ 11, 0 94 60 $11,013.90 $80. 390 Days 1 — __ �— 10l5 4 49129 � $10 $0.00} $10,077.00 360 Days 0 - -_..�— - -- 0,07 7.00 $0.00 $10,071.00' 360 Days 11/212012 50160 50160 $1 10/1672012 49491 49491 $1 0,077.00 $0.00 $10.077.00 330 Day 11 713/20 12 50471 50471 $10,077.00 $0.00 $10,077.001 _ 330 Da 11/30/2012 151046 51046 $10.077.001 $0.00 $10,077.00' 330 Days 12/1172 51443 51443 $10.077 001 $0.00 — $10.077.00' 300 D ... —. 1, TOTAL DUE CURRENT 30 Days 60 Days 90+ Days $60,542.70 $0.00 $0.00 $0.00 $60,542.70 EXHIBIT F ..'�_ .. _ Rental -Out x , Provided BY: Robin Seder U nit miorRari a Rei�ci Unit Type �!) :,, . ;'�i.6 State PA Zip 15317 • i:?atfl Ncedeil r,'+ ?r5.,'�� Fay: (724) -145-2466 �5 4`{�i�F:3 8/31/2012 Platform Pricin , ;. Month $ 9,500.00 ins I «:eifYi.`: ;yi 1 d f; L Week $ De /Pu $960,00 5 f>?C r. Day Env 57.00 sxre ;: Other Fuel City Hw'r;murg 7'taq" 'Ilk zip andy Contact Phone (724) 350 -7458 > rU tO r r Termination it: Term Date: c ' Called Off Eiy, EXHIBIT G - lour - 1r , - Ir - I and Skoenzaker ax (856) $53-7771 NNIARK B. S)IOENMAXER na ,-- I'aw Fax (856) 85. 1))Sh0V1)J3k('r(ri �,ardsfwonako%eoni 36 Euct-it) STRf tj WOODBURN Ny. Jr Rsf, 08096 Our File No. 91957 n March 5, 2013 Ilia Regular-- & Certified Mail. R.R.R. J.D. Eckman, Inc. 141 Lower Valley Road Atglen. PA 19310 Re: 'Interstate Aerials, LLC v. Panthera Painting Dear Sir /Madam: By \Ywy of intTodtiction, I represent Interstate Aerials, 1-1-C, which leased equipment to Panthera Painting for work on the 1-91 Wade Bridge Rehabilitation Project, also known as Project 5776 T'lle purpose of III's co I I correspondence is to place you on notice of MV client's outstanding receivable pursuant. to the Public Works Contractors' Bond Law. I have enclosed herewith for your review and file copies of the Rental Agreement invoices, and current statement of account. As you will see, of the $82,651.20 properly invoiced to Panthera Painting, Interstate Aerials his been paid only 81 0.000.00 to date. Of course, the primavy goal of this correspondence is to arrange for immediate payment of the account receivable, Failing saine, and after expiration of the waiting , period, you are hereby placed on notice of my client's intent to seek payment under the payment bonds fTorn The F16clity and Deposit Company of Maryland and ZL]n /American Insurance Company. Please be gUldud accordingly. Very truly yours, WARD SHOEMAKER LLC B y Y, Mark B. Shoemaker, E-sQuiro MBS:vl Enclosures P.arithera Painting (1 Cerir f ted c& Regular Matillew Lange, Interstate Acnals ('Vj(j 1.'0csimile- Regulw ;141ail) COHEN, SEGLIAS,PALLAS, 0«JIAEP -9 / ��: OQ GREENHALL & FURMAN, P.C. U�1 NNS Y By: Anthony M. Bottenfield (Attorney to ey ID No. 208626 �EMN� 1 LVA' gh�i � Y ( Y ) 30 S. 17th Street, 19th Floor Philadelphia, PA 19103 (215) 564-1700 Attorneys for Plaintiff, Interstate Aerials, LLC. • INTERSTATE AERIALS,LLC. 313 Borelli Blvd. : COURT OF COMMON PLEAS Paulsboro,NJ 08066 : OF CUMBERLAND COUNTY Plaintiff, : CIVIL ACTION—LAW v. : NO. 13-7470 PANTHERA PAINTING,INC. 333 Morganza Road Canonsburg,PA 15317 and, FIDELITY DEPOSIT COMPANY OF MARYLAND 600 Red Brook Blvd. • Owing Mills,MD 21117 and, ZURICH AMERICAN INSURANCE COMPANY 165 Broadway,32nd Floor New York,NY 10006 Defendants. AFFIDAVIT OF SERVICE I, Anthony M. Bottenfield, Esquire, of full age, being duly sworn according to law, upon my oath, depose and say: 1. I am an adult individual, licensed to practice law in the Commonwealth of Pennsylvania. Along with other members of my firm, Cohen Seglias Pallas Greenhall & Furman, PC, I serve as legal counsel to Plaintiff, Interstate Aerials, LLC ("Interstate Aerials") in connection with the above-captioned action. 2. On December 19, 2013, I filed a Complaint in the above-captioned matter on behalf of Interstate Aerials, against Defendants, Panthera Painting, Inc., Fidelity and Deposit Company of Maryland, and Zurich American Insurance Company. 3. On December 31, 2013, I caused to be mailed a time-stamped copy of the Complaint to Defendant, Fidelity and Deposit Company of Maryland, by Certified Mail, Return Receipt Requested, to the following address, 600 Red Brook Boulevard, Owing Mills, MD 21117. A true and correct copy of my December 31, 2013 letter enclosing the Complaint against the above-named parties is attached hereto as Exhibit "A." 4. On January 2, 2014, Fidelity and Deposit Company of Maryland accepted service of the Complaint in the above-captioned matter as evidenced by the signed Return Receipt, which is attached hereto as Exhibit `B." // Anthony M. Bottenfield Counsel for Plaintiff, In -rstate Aerials, LLC Sworn to and subscribed before me this r day of January, 2014. 6.4,„,i(4:4) Notary Public COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL PATRICIA C.FLYNN,Notary Public City of Philadelphia,Phila.County My Commission Expires September 19,2014 2457257.150042-0016 EXHIBIT A Anthony M. Bottenfield Attorney At Law a;: COHEN SEGLIAS PALLAS GREENHALL & FURMAN PC United Plaza, 19th Floor 30 South 17th Street Philadelphia, PA 19103 T: 215.564.1700 I F: 215.564.3066 abottenfield @cohenseglias.com www.cohenseglias.com December 31, 2013 CERTIFIED MAIL - RETURN RECEIPT REQUESTED Fidelity and Deposit Company of Maryland 600 Red Brook Boulevard Owing Mills, MD 21117 Re: Interstate Aerials, LLC v. Panthera Painting,Inc., et aL Cumberland County CCP, No. 13-7470 Civil Dear Sir or Madam: Enclosed herewith.please find a true and correct copy of a Complaint, the original of which has been filed with the Court of Common Pleas of Cumberland County, Pennsylvania. In accordance with the Pennsylvania Rules of Civil Procedure, this letter constitutes service of process upon you. • Very truly yours, 4YV / VT Anthony M. Bottenfield AMB/pcf Enclosure 2449051.1 50042-0016 Pennsylvania I New Jersey I New York I Delaware I Maryland I West Virginia EXHIBIT B U.S. Postal Service TM ' CERTIFIED MAILTM RECEIPT m (Domestic Mail Only;No Insurance Coverage Provided) mFor delivery information visit our website at www.usps.como lr OFFICIAL USE P- Postage $ B' . r- Certified Fee V C) Return(Endorsement Required)re)/�■ Postmark 4 (Endorsement Re wired Here , C) Restricted Delivery Fee ' tzi (Endorsement Required) r m id 3I 1 rU Total Postage&Fees M poi, 1 JO o.:--` l 1,,,,A f_ or PO Box No. J r ,[�/� CI =-tate,ZIP.+4 �{N r' PS Form 3800.August 2006 See Reverse for Instructions 1 SENDER:COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY ■ Complete items 1,2,and 3.Also complete A. Si..:` r- item 4 if Restricted Delivery is desired. r1\�• r,;;::,,c._ / ❑Agent \ • Print your name and address on he reverse ....,'• �� ❑Addressee so that we can return the card to�j o,u: eceiv y(`Prince me) C. D of eliv • Attach this card to the back It the mailpiece, ,+e/ � �` `yet,,c,yY 2 7Z/44,1 .D. Is delivery ad different from item 1? ❑ s' 1. icle Addressed to: i If YES,enter delivery address below: ❑No /r. / ao Ji /644 r r r. s‘t`, • loll i.c.-te , 3legrstere'ice Type C Q p�/ two Certified ess Ma�(/ f'(/(�'r.J d ❑Retum Receipt for Merchandise �J ❑Insured Mail ❑C.O.D. Zp�„ __ - r ��/� / 4. Restricted Delivery?(Extra Fee) O Yes 2. Article1Number f i ((Transfer Tarn se ice labCQ if _ {! f7}C10;8 1 312.30 000W. 9„7 9 611 3 9 3 6 j IPS Form 3811,February 2004 Domestic Return Receipt i 102595-02-tut-1540 • COHEN, SEGLIAS, PALLAS, ZG1�� 1} GREENHALL & FURMAN, P.C. AH 10. 53 By: Jason Copley (Attorney ID No. 72774) CUMBERLAND COUNTY Anthony M. Bottenfield (Attorney ID No. 208626) FENNS YLVA i 30 S. 17th Street, 19th Floor NIA Philadelphia, PA 19103 (215) 564-1700 Attorneys for Plaintiff, Interstate Aerials, LLC. INTERSTATE AERIALS, LLC. 313 Borelli Blvd. COURT OF COMMON PLEAS Paulsboro, NJ 08066 OF CUMBERLAND COUNTY Plaintiff, CIVIL ACTION—LAW . V. NO. 3- 10 civil PANTHERA PAINTING, INC. 333 Morganza Road Canonsburg,PA 15317 and, FIDELITY DEPOSIT COMPANY OF MARYLAND 600 Red Brook Blvd. Owing Mills, MD 21117 and, ZURICH AMERICAN INSURANCE COMPANY 165 Broadway,32nd Floor New York,NY 10006 Defendants. ' AFFIDAVIT OF SERVICE 1, Anthony M. Bottenfield, Esquire, of full age, being duly sworn according to law, upon my oath, depose and say: I. I am an adult individual, licensed to practice law in the Commonwealth of Pennsylvania. Along with other members of my firm, Cohen Seglias Pallas Greenhall & Furman, PC, I serve as legal counsel to Plaintiff, Interstate Aerials, LLC ("Interstate Aerials") in connection with the above-captioned action. 2. On December 19, 2013, I filed a Complaint in the above-captioned matter on behalf of Interstate Aerials, against Defendants, Panthera Painting, Inc., Fidelity and Deposit Company of Maryland, and Zurich American Insurance Company. 3. On December 31, 2013, I caused to be mailed a time-stamped copy of the Complaint to Defendant, Zurich American Insurance Company, by Certified Mail, Return Receipt Requested, to the following address, 165 Broadway, 32nd Floor,New York,NY 10006. A true and correct copy of my December 31, 2013 letter enclosing the Complaint against the above-named parties is attached hereto as Exhibit"A." 4. On January 6, 2014, Zurich American Insurance Company accepted service of the Complaint in the above-captioned matter as evidenced by the signed Return Receipt, which is attached hereto as Exhibit "B." Anthony M. Bot enfield Counsel for Plaintiff Interstate Aerials, LLC Sworn to and subscribed before me this day of January, 2014. 4j� N EALTH OF PENNSYLSVNIA NOTARIAL SEAL PATRICIA C.FLYNN,Notary Public City of Philadelphia,Phila.County My Commission Expires September 19,2014 2457249.150042-0016 EXHIBIT A R Anthony M. Bottenfield Attorney At Law COHEN SEGLIAS PALLAS GREENHALL & FURMAN PC United Plaza, 19" Floor 30 South 17"Street Philadelphia, PA 19103 T: 215.564.1700 1 F: 215.564.3066 abottenfield @cohenseglias.com www.cohenseglias.com December 31, 2013 CERTIFIED MAIL - RETURN RECEIPT REQUESTED Zurich American Insurance Company 165 Broadway, 32nd Floor New York,NY 10006 Re: Interstate Aerials, LLC v. Panthera Painting, Inc.,et aL Cumberland County CCP, No. 13-7470 Civil Dear Sir or Madam: Enclosed herewith please find a true and correct copy of a Complaint, the original of which has been filed with the Court of Common Pleas of Cumberland County, Pennsylvania. In accordance with the Pennsylvania Rules of Civil Procedure, this letter constitutes service of process upon you. Very truly yours, Anthony M. Bottenfield AMB/pcf Enclosure 2449039.1 50042-0016 Pennsylvania I New Jersey I New York I Delaware I Maryland I West Virginia EXHIBIT B COMPLETE SENDER:COMPLETE THIS SECTION■ Complete items 1,2,and 3.Also complete A. Signa re item 4 if Restricted Delivery is desired. Agent X ■ Print your name and address on the reverse - dressee . so that we can return the card to you. B. Receiv d by(Printed Na e) C Da of D!ve ■ Attach this card to the back of the mailpiece, or on the front if space permits. D. Is delivery address different from item 1 ❑Yes 1. Article Addressed to/:n If YES,enter delivery address below: ❑No 3. rvice Type \ U D se Mail ❑ Express Mail Registerr ed ❑Return Receipt for Merchandise ❑Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number}� ! 11 ( 7008 3230 0001 9796 4001 ((transfer from service label) - t PS Form 3811,February 2004 Domestic Return Receipt r 102595-02-'-15ao Postal CERTIFIED MAIL,- RECEIPT � o (DOMeStic Mail Only,No Insurance Coverage Provided) O Xg-TV4 1119.11 OFFICIAL US� lS_ 0^ tti Postage $ 0-' Certified Fee r_1 rX O Return Receipt Fee Postmark R. O (Endorsement Required) Here j O Restricted Delivery Fee C3 (Endorsement Required) M W Total Postage&Fees $ set 143 o C3 ---------- -- -- - ------ - ----- O Box No. PS Form 8003 . 2006 See Reverse for instructions SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson c') Sheriff c c d@#1144'4 Jody S Smith rr rrf Chief Deputy w ur" , Via;- Richard W Stewart Solicitor =° ~ = - c� -3 2p 3 cp.71-— yC W Interstate Aerials, LLC `` vs. Case Number Panthera Painting Inc. 2013-7470 SHERIFF'S RETURN OF SERVICE 12/20/2013 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Panthera Painting Inc., but was unable to locate the Defendant in the Sheriffs bailiwick. The Sheriff therefore deputizes the Sheriff of Washington, Pennsylvania to serve the within Complaint& Notice according to law. 01/07/2014 12:15 PM -The requested Complaint& Notice served by the Sheriff of Washington County upon Andrew Manganas, Owner, who accepted for Panthera Painting Inc., at 333 Morganza Road, Canonsburg, PA 15317. Samuel F. Romano, Sheriff, Return of Service attached to and made part of the within record. SHERIFF COST: $37.00 SO ANSWERS, January 28, 2014 RON R ANDERSON, SHERIFF 1 . .�. WASHINGTON COUNTY, PENNSYLVANIA OFFICE OF THE SHERIFF SAMUEL F. ROMANO COURTHOUSE SQUARE SHERIFF SUITE 303 100 WEST BEAU STREET ‘4G?OIV(+ WASHINGTON, PA 15301 JAMES B. DALESSANDRO ,ft.1,F.g p ��W 724-228-6840 CHIEF DEPUTY �k yP� o\- / FAX 724-223-4719 wir $. pps ER17 �\O Sheriff File Number— 14000032 Court Docket#: 2013-7470 County of Washington,Commonwealth of Pennsylvania INTERSTATE AERIALS, LLC Affidavit of Service vs. COMPLAINT PANTHERA PAINTING INC. I hereby CERTIFY and RETURN that on 1/7/2014 at 12:15 PM at 333 MORGANZA ROAD CANONSBURG, PA 15317 the within COMPLAINT, was served on PANTHERA PAINTING INC., the defendant named therein, in the following manner: CORPORATION By delivering to and leaving with ANDREW MANGANAS the OWNER a true copy thereof. SERVICE ATTEMPTS Date: 1/7/2014 @ 12:15 PM-333 MORGANZA ROAD CANONSBURG,PA 15317 Fees Received from Attorney:FIRST DEFENDANT BASE COST($24.50)POSTAGE($1.00)MILEAGE($9.52)Total:$35.02 Attorney Name:COHEN SEGLIAS PALLAS GREENHALL&FURMAN,P.C.,707 GRANT STREET 18TH FLOOR PITTSBURGH,PA 15219 Affirmed& Subscribed to before Me 1/8/2014 JOSEPH RUSCELLO, Deputy Sheriff Notary Public Sh r. of Washington County My commission expires: NOTARIAL SEAL gtNIE4L E��srrRo Notary Public WASHINGTON CITY,WASHINGTON COUNTY My Commission Expires August 15,2017 tiii' I('n.Ic Ins.-I'\ t\.ASII PO1 (r { WASHINGTON COUNTY, PENNSYLVANIA OFFICE OF THE SHERIFF SAMUEL F. ROMANO COURTHOUSE SQUARE SHERIFF , SUITE 303 100 WEST BEAU STREET GTONC WASHINGTON, PA 15301 JAMES B. DALESSANDRO r`r��o_F.Ro 724-228-6840 CHIEF DEPUTY �i h4�' .> 2-`of' FAx 724-223-4719 0yp4FS SHERIFF ��V�v ` Sheriff File Number— 14000032 Court Docket#: 2013-7470 County of Washington, Commonwealth of Pennsylvania INTERSTATE AERIALS, LLC Affidavit of Service vs. COMPLAINT PANTHERA PAINTING INC. I hereby CERTIFY and RETURN that on 1/7/2014 at 12:15 PM at 333 MORGANZA ROAD CANONSBURG, PA 15317 the within COMPLAINT, was served on PANTHERA PAINTING INC., the defendant named therein, in the following manner: CORPORATION By delivering to and leaving with ANDREW MANGANAS the OWNER a true copy thereof. SERVICE ATTEMPTS Date: 1/7/2014 @ 12:15 PM-333 MORGANZA ROAD CANONSBURG,PA 15317 Fees Received from Attorney:FIRST DEFENDANT BASE COST($24.50)POSTAGE($1.00)MILEAGE($9.52)Total:$35.02 Attorney Name:COHEN SEGLIAS PALLAS GREENHALL&FURMAN,P.C.,707 GRANT STREET 18TH FLOOR PITTSBURGH,PA 15219 Affirmed&Subscribed to before Me 1/8/2014 JOSEPH RUSCELLO, Deputy Sheriff 4. "Zr ' Jaftvutd eovAilivNib Notary Public • Sheriff of Washington County My commission expires: NOTARIAL SEAL Notary Public WASHINGTON CITY,WASHINGTON COUNTY My Commission Expires August 15,2017 ,,,11( lr Inc I'V \4;ASI f I'O t p-° Thomas R. Davies, Esq., PA I.D. # 35260 Email: tdavies @h-dlaw.com ,,, , ,� Jeffrey C. Bright, Esq., PA I.D. # 307259 a.'! i FE 14 r�i n• I L+ Email:jbright@h-dlaw.com 'r i�`-; GO LI i`t` HARMON & DAVIES, P.C. PENNSYLVANIA 2306 Columbia Avenue Attorneys for Deendants, Lancaster, PA 17603 Fidelity Deposit Company of Maryland and Telephone: 717-291-2236 Zurich American Insurance Company Facsimile: 717-291-5739 INTERSTATE AERIALS, LLC, • IN THE COURT OF COMMON PLEAS • OF CUMBERLAND COUNTY, PA Plaintiff, • • CIVIL ACTION - LAW vs. • • No. 13-7470 Civil PANTHERA PAINTING, INC., • FIDELITY and DEPOSIT COMPANY • OF MARYLAND, and ZURICH • AMERICAN INSURANCE COMPANY, : Defendants. • NOTICE You are hereby notified to file a written response to the enclosed Defendants' New Matter within twenty (20) days from service hereof or a judgment may be entered against you. HARMON & DAVIES, P.C. Dated: February 12, 2014 By: yf ^—� c. rW'C. Bright, Esq. .f• Thomas R. Davies, Esquire PA I.D. # 35260 Email: tdavies @h-dlaw.com Jeffrey C. Bright, Esquire PA I.D. # 307259 Email:jbright @h-dlaw.com HARMON & DAVIES, P.C. 2306 Columbia Avenue Attorneys for Defendants, Lancaster, PA 17603 Fidelity Deposit Company of Maryland and Telephone: 717-291-2236 Zurich American Insurance Company Facsimile: 717-291-5739 INTERSTATE AERIALS, LLC, • IN THE COURT OF COMMON PLEAS • OF CUMBERLAND COUNTY, PA • Plaintiff, • CIVIL ACTION - LAW • vs. • No. 13-7470 Civil • PANTHERA PAINTING, INC., FIDELITY and DEPOSIT COMPANY : OF MARYLAND, and ZURICH AMERICAN INSURANCE COMPANY, : • Defendants. DEFENDANTS FIDELITY AND DEPOSIT COMPANY OF MARYLAND'S AND ZURICH AMERICAN INSURANCE COMPANY'S ANSWER TO COMPLAINT Now, this 1 -- day of r'4y..7 , 2014, come Defendants Fidelity and Deposit Company of Maryland ("F&D") and Zurich American Insurance Company ("Zurich"), by and through their attorneys, the law firm of Harmon & Davies, P.C., and file this Answer, and in support thereof, aver the following: 1. After reasonable investigation, the Defendants are without knowledge or information sufficient to form a belief as to the truth of Plaintiff's averment and, thus, it is denied. 2. After reasonable investigation, the Defendants are without knowledge or information sufficient to form a belief as to the truth of Plaintiffs averment and, thus, it is denied. 3. Admitted. 4. Denied. In fact, Defendant "Zurich has a principal place of business at 1400 American Lane Schaumburg, Illinois 60196. 5. Admitted in part; denied in part. It is admitted that a construction project occurred in relation to the I-81 George Wade Bridge ("the Project"). After reasonable investigation, however, the Defendants are without knowledge or information sufficient to form a belief as to several of the Plaintiffs averments in this pleading, and, thus, any underlying statements or inferences regarding the dispute and whether it arises from the construction project are denied. 6. Admitted in part; denied in part. It is admitted that the Commonwealth of Pennsylvania, via the Department of Transportation, is the Owner of the property to which the Project relates. The term, "owner of the Project" is ambiguous and, thus, it is denied that PennDOT is the "owner of the Project." 7. Admitted. 8. Admitted. 9. Admitted in part; denied in part. It is admitted that Fidelity issued a payment bond in connection with the Project. Exhibit B of Plaintiffs Complaint, however, is an 2 unreadable document and, thus, it cannot be confirmed whether it is in fact a true and correct copy of Fidelity's payment bond. 10. Admitted in part; denied in part. It is admitted that Fidelity issued a payment bond in connection with the Project. Exhibit C of Plaintiffs Complaint, however, is an unreadable document and, thus, it cannot be confirmed whether it is in fact a true and correct copy of Fidelity's payment bond. 11. Admitted. 12. After reasonable investigation, the Defendants are without knowledge or information sufficient to form a belief as to the truth of Plaintiffs averment and, thus, it is denied and proof is demanded. Further, the Defendants are likewise without knowledge and information as to whether Exhibit D of Plaintiffs Complaint is a true and correct copy of any such leasing agreements. Further, Exhibit D is rendered unreadable because of the poor quality of the photocopy and is thus denied as a reliable document. 13. After reasonable investigation, the Defendants are without knowledge or information sufficient to form a belief as to the truth of Plaintiffs averment and, thus, it is denied and proof is demanded. 14. After reasonable investigation, the Defendants are without knowledge or information sufficient to form a belief as to the truth of Plaintiffs averment and, thus, it is denied and proof is demanded. Further, the Defendants are likewise without knowledge and information as to whether Exhibit E of Plaintiffs Complaint is a true and correct copy a summary of any such invoices. Further, Exhibit E is rendered unreadable because of the poor quality of the photocopy and is thus denied as a reliable document. 3 15. After reasonable investigation, the Defendants are without knowledge or information sufficient to form a belief as to the truth of Plaintiff's averment and, thus, it is denied and proof is demanded. Further, the Defendants are likewise without knowledge and information as to whether Exhibit F of Plaintiffs Complaint is a true and correct copy of any such furnishing of equipment. Further, Exhibit F is rendered unreadable because of the poor quality of the photocopy and is thus denied as a reliable document. 16. After reasonable investigation, the Defendants are without knowledge or information sufficient to form a belief as to the truth of Plaintiff's averment and, thus, it is denied and proof is demanded. 17. After reasonable investigation, the Defendants are without knowledge or information sufficient to form a belief as to the truth of Plaintiffs averment and, thus, it is denied and proof is demanded. Further, the Defendants are likewise without knowledge and information as to whether Exhibit G of Plaintiffs Complaint is a true and correct copy of any such letter. 18. After reasonable investigation, the Defendants are without knowledge or information sufficient to form a belief as to the truth of Plaintiffs averment regarding Panthera's payment to the Plaintiff and, thus, it is denied and proof is demanded. To the extent that the averment pertains to J.D. Eckman, it is denied. On information and belief, J.D. Eckman allegedly made payment 19. Denied as a legal conclusion that any money is owed to the Plaintiff. Further, to the extent that any aspect of the paragraph is an averment, after reasonable investigation, the Defendants are without knowledge or information sufficient to form a belief as to the truth of Plaintiffs averment and, thus, it is denied and proof is demanded. On information and belief, 4 however, it is believed that J.D. Eckman allegedly made payments to Panthera and, thus, the Defendants' are absolved of any obligations under the bond. The Defendants are also without knowledge as to the authenticity of Plaintiffs Exhibit E and, thus, it is denied as a true and correct copy. Lastly, Plaintiffs Exhibit E is rendered unreadable due to the poor quality of the photocopy and the Defendants deny that it is a reliable document for any purpose. Plaintiff's Count I Breach of Contract (v. Panthera) 20. No response is necessary to this paragraph and the Defendants incorporate their prior answers to previous paragraphs by reference. 21. This Count pertains to a separate party and, thus, no response is necessary. To the extent that this Count could potentially affect the Defendants represented in this Answer, after reasonable investigation, the Defendants are without knowledge or information sufficient to form a belief as to the truth of the Plaintiffs averment and, thus, it is denied and proof is demanded. 22. This Count pertains to a separate party and, thus, no response is necessary. To the extent that this Count could potentially affect the Defendants represented in this Answer, after reasonable investigation, the Defendants are without knowledge or information sufficient to form a belief as to the truth of the Plaintiffs averment and, thus, it is denied and proof is demanded. 23. This Count pertains to a separate party and, thus, no response is necessary. To the extent that this Count could potentially affect the Defendants represented in this Answer, after reasonable investigation, the Defendants are without knowledge or information sufficient to form a belief as to the truth of the Plaintiffs averment and, thus, it is denied and proof is demanded. Further, Plaintiffs paragraph is denied as a legal conclusion. 5 24. This Count pertains to a separate party and, thus, no response is necessary. To the extent that this Count could potentially affect the Defendants represented in this Answer, after reasonable investigation, the Defendants are without knowledge or information sufficient to form a belief as to the truth of the Plaintiffs averment and, thus, it is denied and proof is demanded. 25. This Count pertains to a separate party and, thus, no response is necessary. To the extent that this Count could potentially affect the Defendants represented in this Answer, after reasonable investigation, the Defendants are without knowledge or information sufficient to form a belief as to the truth of the Plaintiffs averment and, thus, it is denied and proof is demanded. 26. This Count pertains to a separate party and, thus, no response is necessary. To the extent that this Count could potentially affect the Defendants represented in this Answer, after reasonable investigation, the Defendants are without knowledge or information sufficient to form a belief as to the truth of the Plaintiffs averment and, thus, it is denied and proof is demanded. Further, Plaintiffs paragraph is denied as a legal conclusion. 27. This Count pertains to a separate party and, thus, no response is necessary. To the extent that this Count could potentially affect the Defendants represented in this Answer, after reasonable investigation, the Defendants are without knowledge or information sufficient to form a belief as to the truth of the Plaintiffs averment and, thus, it is denied and proof is demanded. Further, Plaintiffs paragraph is denied as a legal conclusion. WHEREFORE, the Defendants, Fidelity and Zurich request this Honorable Court to enter judgment in favor of the Defendants and against the Plaintiffs. Plaintiff's Count II Unjust Enrichment (v. Panthera) 6 28. No response is necessary to this paragraph and the Defendants incorporate their prior answers to previous paragraphs by reference. 29. This Count pertains to a separate party and, thus, no response is necessary. 30. This Count pertains to a separate party and, thus, no response is necessary. 31. This Count pertains to a separate party and, thus, no response is necessary. 32. This Count pertains to a separate party and, thus, no response is necessary. 33. This Count pertains to a separate party and, thus, no response is necessary. WHEREFORE, the Defendants, Fidelity and Zurich request this Honorable Court to enter judgment in favor of the Defendants and against the Plaintiffs. Plaintiffs Count III Quantum Meruit (v. Panthera) 34. No response is necessary to this paragraph and the Defendants incorporate their prior answers to previous paragraphs by reference. 35. This Count pertains to a separate party and, thus, no response is necessary. 36. This Count pertains to a separate party and, thus, no response is necessary. 37. This Count pertains to a separate party and, thus, no response is necessary. WHEREFORE, the Defendants, Fidelity and Zurich request this Honorable Court to enter judgment in favor of the Defendants and against the Plaintiffs. Plaintiffs Count IV Breach of Bond Obligation (v. Fidelity) 38. No response is necessary to this paragraph and the Defendants incorporate their prior answers to previous paragraphs by reference. 7 39. Denied as a legal conclusion. As previously stated, it is also denied that Plaintiff's Exhibit B is a true and accurate copy of the bond. Further, the payment bond speaks for itself; interpretation of a contract is a legal conclusion; and any characterization of the contract set forth by the Plaintiff is denied. 40. Denied as a legal conclusion. Further,the payment bond speaks for itself; interpretation of a contract is a legal conclusion; and any characterization of the contract set forth by the Plaintiff is denied. And, as previously stated, it is denied that Plaintiff's Exhibit B is a true and correct copy of the bond. 41. After reasonable investigation, the Defendants are without knowledge or information sufficient to form a belief as to the truth of Plaintiff's averment and, thus, it is denied and proof is demanded. As previously stated, it is also denied that Plaintiff's Exhibit D is a true and correct copy of any document. 42. After reasonable investigation, the Defendants are without knowledge or information sufficient to form a belief as to the truth of Plaintiff's averment and, thus, it is denied and proof is demanded. 43. Denied as a legal conclusion. Further, the payment bond speaks for itself; interpretation of a contract is a legal conclusion; and any characterization of the contract set forth by the Plaintiff is denied. 44. Denied. On information and belief, it is believed that J.D. Eckman allegedly made payments, thus absolving both J.D. Eckman and Fidelity of any potential Iiability. Any inference that J. D. Eckman or the Defendants are obligated to make payments to Plaintiff directly, or that the Defendants are liable on the bond is denied as a conclusion of law. 8 45. Admitted in part; denied in part. It is admitted that Fidelity did not make payments directly to Plaintiff. Any inference that either Fidelity or the Defendants are obligated to make payments to Plaintiff directly, or that the Defendants are liable on the bond is denied as a conclusion of law. WHEREFORE, the Defendants, Fidelity and Zurich request this Honorable Court to enter judgment in favor of the Defendants and against the Plaintiffs. Plaintiffs Count V Breach of Bond Obligation (v. Zurich) 46. No response is necessary to this paragraph and the Defendants incorporate their prior answers to previous paragraphs by reference. 47. Denied as a legal conclusion. Further, the payment bond speaks for itself; interpretation of a contract is a legal conclusion; and any characterization of the contract set forth by the Plaintiff is denied. And, as previously stated, it is denied that Plaintiff's Exhibit C is a true and correct copy of the bond. 48. Denied as a legal conclusion. Further, the payment bond speaks for itself; interpretation of a contract is a legal conclusion; and any characterization of the contract set forth by the Plaintiff is denied. And, as previously stated, it is denied that Plaintiff's Exhibit C is a true and correct copy of the bond. 49. After reasonable investigation, the Defendants are without knowledge or information sufficient to form a belief as to the truth of Plaintiff's averment and, thus, it is denied and proof is demanded. As previously stated, it is also denied that Plaintiff's Exhibit D is a true and correct copy of any document. 9 50. After reasonable investigation, the Defendants are without knowledge or information sufficient to form a belief as to the truth of Plaintiffs averment and, thus, it is denied and proof is demanded. 51. Denied as a legal conclusion. Further, the payment bond speaks for itself; interpretation of a contract is a legal conclusion; and any characterization of the contract set forth by the Plaintiff is denied. 52. Denied. On information and belief, it is believed that J.D. Eckman allegedly made payments, thus absolving both J.D. Eckman and Fidelity of any potential liability. Any inference that Eckman or the Defendants is obligated to make payments to Plaintiff directly, or that the Defendants are liable on the bond is denied as a conclusion of law. 53. Admitted in part; denied in part. It is admitted that Zurich did not make payments directly to Plaintiff Any inference that Zurich or the Defendants is obligated to make payments to Plaintiff directly, or that the Defendants are liable on the bond is denied as a conclusion of law. WHEREFORE, the Defendants, Fidelity and Zurich request this Honorable Court to enter judgment in favor of the Defendants and against the Plaintiffs. Plaintiff's Count VI CASPA (v. Panthera) 54. No response is necessary to this paragraph and the Defendants incorporate their prior answers to previous paragraphs by reference. 55. This Count pertains to a separate party and, thus, no response is necessary. 56. This Count pertains to a separate party and, thus, no response is necessary. 57. This Count pertains to a separate party and, thus, no response is necessary. 10 58. This Count pertains to a separate party and, thus, no response is necessary. 59. This Count pertains to a separate party and, thus, no response is necessary. 60. This Count pertains to a separate party and, thus, no response is necessary. WHEREFORE, the Defendants, Fidelity and Zurich request this Honorable Court to enter judgment in favor of the Defendants and against the Plaintiffs. Plaintiffs Count VII Prompt Payment Act (v. Panthera) 61. No response is necessary to this paragraph and the Defendants incorporate their prior answers to previous paragraphs by reference. 62. This Count pertains to a separate party and, thus, no response is necessary. 63. This Count pertains to a separate party and, thus, no response is necessary. 64. This Count pertains to a separate party and, thus, no response is necessary. 65. This Count pertains to a separate party and, thus, no response is necessary. 66. This Count pertains to a separate party and, thus, no response is necessary. 67. This Count pertains to a separate party and, thus, no response is necessary. 68. This Count pertains to a separate party and, thus, no response is necessary. 69. This Count pertains to a separate party and, thus, no response is necessary. 70. This Count pertains to a separate party and, thus, no response is necessary. 71. This Count pertains to a separate party and, thus, no response is necessary. 72. This Count pertains to a separate party and, thus, no response is necessary. WHEREFORE, the Defendants, Fidelity and Zurich request this Honorable Court to enter judgment in favor of the Defendants and against the Plaintiffs. 11 NEW MATTER AFFIRMATIVE DEFENSES 73. The Defendants incorporate by reference their answers to the prior paragraphs in this pleading as if fully set forth herein. 74. The Plaintiff failed to meet conditions precedent under the bond prior to filing suit, as required under Pennsylvania's Bond Law, 8 P.S. § 194 et seq. 75. The burden is on the Plaintiff to prove that it has met all conditions precedent to filing suit and, thus, such proof is demanded. 76. The Plaintiff failed to provide the required notice prior to filing suit under the bond law within the proper time frame. 77. The Plaintiff failed to bring suit within one year from the date that the alleged equipment was furnished, as required under Pennsylvania's Bond Law 8 P.S. § 191 et seq. 78. The doctrines of waiver and latches preclude the Plaintiff from recovery. 79. The doctrine of estoppel precludes the Plaintiff from recovery. 80. Plaintiff failed to act reasonably to avoid the consequences of Panthera Painting's alleged breach (duty to mitigate). 81. Recoupment and set-off act to shift any potential liability away from the Defendants Fidelity and Zurich, and onto other Defendant, Panthera Painting. 82. Under the Contractor and Subcontractor Payment Act ("CSPA"), the Defendants, Fidelity and Zurich, are absolved of liability upon J.D. Eckman's payment to Panthera Painting. 73 P.S. § 516. 83. Under the Prompt Payment Act, the Defendants, Fidelity and Zurich, are absolved of liability upon J.D. Eckman's payment to Panthera Painting. 62 Pa.C.S.A. § 3939. 12 84. The Defendants, Fidelity and Zurich, are sureties and, thus, assert (and reserve the right to assert) all defenses applicable to the Principal, J.D. Eckman, as the sureties "stand in the shoes" of the Principal. 85. The Defendants, Fidelity and Zurich, are sureties and, thus, declare the right to assert all defenses applicable to the alleged debt owed from Panthera Painting to the Plaintiff, as any defenses to the existence of the debt also act as a defense on the bond. 86. The Defendants, Fidelity and Zurich, reserve the right to assert any extinguishment of the debt based upon any bankruptcy filing made by Panthera Painting. 87. The payment bond speaks for itself. Pursuant to the payment bond and applicable law, Plaintiffs alleged recovery, if any, is limited to the penal sum of the payment bond. 88. The Defendants reserve the right to advance supplementary defenses in the event that discovery reveals such defenses. WHEREFORE, the Defendants, Fidelity and Deposit Company of Maryland, and the Zurich American Insurance Company, request this Honorable Court to enter Judgment in favor of the Defendants and against the Plaintiffs, and to award the Defendants costs of suit. Respectfully submitted, HARMON & DAVIES, P.C. Dated: February 12, 2014 By: (" .fr/:,A Thomas R. Davies, Esq. Jeffrey C. Bright, Esq. Attorneys for Defendants: Fidelity andDeposit Company of Maryland and Zurich American Insurance Company 13 INTERSTATE AERLALS, LLC, • IN THE COURT OF COMMON PLEAS • OF CUMBERLAND COUNTY, PA Plaintiff, • : CIVIL ACTION - LAW vs. • No. 13-7470 Civil PANTHERA PAINTING, INC., • FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and ZURICH AMERICAN INSURANCE COMPANY, : Defendants. • VERIFICATION I,Nicholas Kokinakis, hereby verify that I am the Claims Counsel of Defendants Fidelity and Deposit Company of Maryland and Zurich American Insurance Company, that I am authorized to make this Verification,and that the statements contained in the herein Defendants" Answer are true and correct to the best of my knowledge, information, and belief. I understand that false statements therein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. Dated: February 0— , 2014 Nicholas Kokinakis Zurich American Insurance Company Fidelity and Deposit Company of Maryland Thomas R. Davies, Esq., PA I.D. # 35260 Email: tdavies @h-dlaw.com Jeffrey C. Bright, Esq., PA I.D. # 307259 Email:jbright @h-dlaw.com HARMON & DAVIES, P.C. 2306 Columbia Avenue Attorneys for Defendants, Lancaster, PA 17603 Fidelity Deposit Company of Maryland and Telephone: 717-291-2236 Zurich American Insurance Company Facsimile: 717-291-5739 INTERSTATE AERIALS, LLC, • IN THE COURT OF COMMON PLEAS • OF CUMBERLAND COUNTY, PA Plaintiff, • • CIVIL ACTION - LAW vs. • • No. 13-7470 Civil PANTHERA PAINTING, INC., • FIDELITY and DEPOSIT COMPANY : OF MARYLAND, and ZURICH AMERICAN INSURANCE COMPANY, : Defendants. • CERTIFICATE OF SERVICE I hereby certify that I am this day serving a true and correct copy of the foregoing Defendants' Answer upon the persons and in the manner indicated below, which service satisfies the requirements of Pa. R.C.P. No. 440: Service by First Class Mail, Addressed as Follows: Anthony M. Bottenfield, Esq. COHEN SEGLIAS United Plaza, 9th Floor 30 South 17th Street Philadelphia, PA 19103 HARMON & DAVIES, P.C. Dated: February 2014 B •. e `f`rey C. Bright, Esq. INTERSTATE AERIALS, LLC. 313 Borelli Blvd. Paulsboro, NJ 08066 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff, CIVIL ACTION - LAW V. NO. 13-7470 PANTHERA PAINTING, INC. 333 Morganza Road Canonsburg, PA 15317 and, FIDELITY DEPOSIT COMPNAY OF MARYLAND r•, Fri E 'I PI 600 Red Brook Blvd. = 0 Owing Mills, MD 21117 <> CD ;r and, -CD c � ZURICH AMERICAN INSURANCE -� -� ca COMPANY 165 Broadway, 32"d Floor New York, NY 10006 Defendants. ANSWER And now comes the Defendant Panthera Painting Inc. that files the following answer: I. PARTIES 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. II. BACKGROUND 5. Denied as Stated. The project was located only in Dauphin County. 6. Admitted. 7. Admitted. 8. Admitted. 9. Admitted. 10. Admitted. 11. Admitted. 12. Admitted. 13. Admitted. 14. Admitted. 15. Denied. After reasonable investigation, the Defendant is.without sufficient knowledge or information to ascertain the accuracy of the allegation and it is therefore denied. 16. Denied. After reasonable investigation, the Defendant is without sufficient knowledge or information to ascertain the accuracy of the allegation and it is therefore denied. 17. Denied. After reasonable investigation, the Defendant is without sufficient knowledge or information to ascertain the accuracy of the allegation and it is therefore denied. 18. Denied. After reasonable investigation, the Defendant is without sufficient knowledge or information to ascertain the accuracy of the allegation and it is therefore denied. 19. Denied. After reasonable investigation, the Defendant is without sufficient knowledge or information to ascertain the accuracy of the allegation and it is therefore denied. COUNTI BREACH OF CONTRACT (Interstate Aerials v. Panthera) 20. The averment of paragraph requires no answer 21. Admitted. 22. Denied. After reasonable investigation, the Defendant is without sufficient knowledge or information to ascertain the accuracy of the allegation and it is therefore denied. 23. Denied. The averment is denied as it is a conclusion of law. 24. Denied. After reasonable investigation, the Defendant is without sufficient knowledge or information to ascertain the accuracy of the allegation and it is therefore denied. By further answer, Defendant avers that the Plaintiff has failed to give Defendant credit for all monies paid and the alleged balance due and owing is incorrect. 25. Denied. After reasonable investigation, the Defendant is without sufficient knowledge or information to ascertain the accuracy of the allegation and it is therefore denied. By further answer, Defendant avers that the Plaintiff has failed to give Defendant credit for all monies paid and the alleged balance due and owing is incorrect. 26. Denied. The averments are a conclusion of law. 27. Denied. Defendant never agreed to pay interest WHEREFORE, Defendant prays this honorable court to dismiss the complaint of the Plaintiff. COUNT II UNJUST ENRICHMENT (Interstate Aerials v. Panthera) 28. The averment of paragraph requires no answer. 29. Admitted. 30. Admitted. 31. Denied. After reasonable investigation, the Defendant is without sufficient knowledge or information to ascertain the accuracy of the allegation and it is therefore denied. 32. Denied. After reasonable investigation, the Defendant is without sufficient knowledge or information to ascertain the accuracy of the allegation and it is therefore denied. By further answer, Defendant avers that the Plaintiff has failed to give Defendant credit for all monies paid and the alleged balance due and owing is incorrect. 33. Denied. After reasonable investigation, the Defendant is without sufficient knowledge or information to ascertain the accuracy of the allegation and it is therefore denied. By further answer, Defendant avers that the Plaintiff has failed to give Defendant credit for all monies paid and the alleged balance due and owing is incorrect. WHEREFORE, Defendant prays this honorable court to dismiss the complaint of the Plaintiff. COUNT III QUANTUM MERUIT (Interstate Aerials v. Panthera) 34. The averment of paragraph requires no answer. 35. Denied. After reasonable investigation, the Defendant is without sufficient knowledge or information to ascertain the accuracy of the allegation and it is therefore denied. 36. Denied. After reasonable investigation, the Defendant is without sufficient knowledge or information to ascertain the accuracy of the allegation and it is therefore denied. 37. Denied. After reasonable investigation, the Defendant is without sufficient knowledge or information to ascertain the accuracy of the allegation and it is therefore denied. By further answer, Defendant avers that the Plaintiff has failed to give Defendant credit for all monies paid and the alleged balance due and owing is incorrect. WHEREFORE, Defendant prays this honorable court to dismiss the complaint of the Plaintiff. COUNT IV BREACH OF BOND OBLIGATION (Interstate Aerials v. Fidelity) 38. Denied. After reasonable investigation, the Defendant is without sufficient knowledge or information at ascertain the accuracy of the allegation and it is therefore denied. 39. Denied. After reasonable investigation, the Defendant is without sufficient knowledge or information at ascertain the accuracy of the allegation and it is therefore denied. 40. Denied. After reasonable investigation, the Defendant is without sufficient knowledge or information to ascertain the accuracy of the allegation and it is therefore denied. 41. Denied. After reasonable investigation, the Defendant is without sufficient knowledge or information to ascertain the accuracy of the allegation and it is therefore denied. 42. Denied. After reasonable investigation, the Defendant is without sufficient knowledge or information to ascertain the accuracy of the allegation and it is therefore denied. 43. Denied. After reasonable investigation, the Defendant is without sufficient knowledge or information to ascertain the accuracy of the allegation and it is therefore denied. 44. Denied. After reasonable investigation, the Defendant is without sufficient knowledge or information to ascertain the accuracy of the allegation and it is therefore denied. 45. Denied. After reasonable investigation, the Defendant is without sufficient knowledge or information to ascertain the accuracy of the allegation and it is therefore denied. COUNT V BREACH OF BOND OBLIGATION (Interstate Aerials v. Zurich) 46. Denied. After reasonable investigation, the Defendant is without sufficient knowledge or information to ascertain the accuracy of the allegation and it is therefore denied. 47. Denied. After reasonable investigation, the Defendant is without sufficient knowledge or information to ascertain the accuracy of the allegation and it is therefore denied. 48. Denied. After reasonable investigation, the Defendant is without sufficient knowledge or information to ascertain the accuracy of the allegation and it is therefore denied. 49. Denied. After reasonable investigation, the Defendant is without sufficient knowledge or information to ascertain the accuracy of the allegation and it is therefore denied. 50. Denied. After reasonable investigation, the Defendant is without sufficient knowledge or information to ascertain the accuracy of the allegation and it is therefore denied. 51. Denied. After reasonable investigation, the Defendant is without sufficient knowledge or information to ascertain the accuracy of the allegation and it is therefore denied. 52. Denied. After reasonable investigation, the Defendant is without sufficient knowledge or information to ascertain the accuracy of the allegation and it is therefore denied. 53. Denied. After reasonable investigation, the Defendant is without sufficient knowledge or information to ascertain the accuracy of the allegation and it is therefore denied. COUNT VI VIOLATION OF PENNSYLVANIA's CONTRACTOR AND SUBCONTRACTOR PAYMENT ACT, 73 P.S. 501, et seq. ("CASPA") (Interstate Aerials v. Panthera) 54. The averment of paragraph requires no answer. 55. Admitted. 56. Admitted. 57. Admitted. 58. Denied. After reasonable investigation, the Defendant is without sufficient knowledge or information to ascertain the accuracy of the allegation and it is therefore denied. 59. Denied. After reasonable investigation, the Defendant is without sufficient knowledge or information to ascertain the accuracy of the allegation and it is therefore denied. By further answer, Defendant avers that the Plaintiff has failed to give Defendant credit for all monies paid and the alleged balance due and owing is incorrect. 60. Denied. After reasonable investigation, the Defendant is without sufficient knowledge or information to ascertain the accuracy of the allegation and it is therefore denied. By further answer, Defendant avers that the Plaintiff has failed to give Defendant credit for all monies paid and the alleged balance due and owing is incorrect. WHEREFORE, Defendant prays this honorable court to dismiss the complaint of the Plaintiff. COUNT VII VIOLATION OF PENNSYLVANIA'S PROMPT PAYMENT ACT, 62 P.S. 3901, et seq. (Interstate Aerials v. Panthera) 61. The averment of paragraph requires no answer. 62. Admitted. 63. Admitted. 64. Denied. After reasonable investigation, the Defendant is without sufficient knowledge or information to ascertain the accuracy of the allegation and it is therefore denied. 65. Denied. After reasonable investigation, the Defendant is without sufficient knowledge or information to ascertain the accuracy of the allegation and it is therefore denied. 66. Denied. After reasonable investigation, the Defendant is without sufficient knowledge or information to ascertain the accuracy of the allegation and it is therefore denied. 67. Denied. After reasonable investigation, the Defendant is without sufficient knowledge or information to ascertain the accuracy of the allegation and it is therefore denied. 68. Denied. After reasonable investigation, the Defendant is without sufficient knowledge or information to ascertain the accuracy of the allegation and it is therefore denied. By further answer, Defendant avers that the Plaintiff has failed to give Defendant credit for all monies paid and the alleged balance due and owing is incorrect. 69. Denied. After reasonable investigation, the Defendant is without sufficient knowledge or information to ascertain the accuracy of the allegation and it is therefore denied. 70. Denied. After reasonable investigation, the Defendant is without sufficient knowledge or information to ascertain the accuracy of the allegation and it is therefore denied. 71. Denied. After reasonable investigation, the Defendant is without sufficient knowledge or information to ascertain the accuracy of the allegation and it is therefore denied. 72. Denied. After reasonable investigation, the Defendant is without sufficient knowledge or information to ascertain the accuracy of the allegation and it is therefore denied. WHEREFORE, Defendant prays this honorable court to dismiss the complaint of the Plaintiff. PANTHERA PAINTING, INC. By: Andrew Mang nas 333 Morganza Road Canonsburg, PA 15317 724-745-1900 VERIFICATION The undersigned does hereby verify subject to the penalties of 18 Pa C.S. 4904, relating to unsworn falsification to authorities, and under penalty of perjury, that he/she is President of Panthera Painting, Inc., Defendant, that he/she is duly authorized to make this Verification and that the facts set forth in the foregoing ANSWER are true and correct to be the best of his/her knowledge, information and belief. COHEN, SEGLIAS, PALLAS, GREENHALL & FURMAN, P.C. By: Jason Copley (Attorney ID No. 72774) Anthony M. Bottenfield (Attorney ID No. 208626) 30 S. 17th Street, 19th Floor Philadelphia, PA 19103 (215) 564 -1700 INTERSTATE AERIALS, LLC v. PANTHERA PAINTING, INC. and, 2014 ftf --1+ AM I I : 09 UMSERLAND COUNTY PENNSYLVANIA : COURT OF COMMON PLEAS Plaintiff, : OF CUMBERLAND COUNTY FIDELITY DEPOSIT COMPANY OF MARYLAND and, ZURICH AMERICAN INSURANCE COMPANY Defendants. : CIVIL ACTION — LAW : NO. 13 -7470 INTERSTATE AERIAL, LLC'S REPLY TO THE NEW MATTER RAISED IN DEFENDANTS' ANSWER Plaintiff, Interstate Aerials, LLC ( "Interstate Aerials "), by and through its undersigned counsel, hereby submits its Reply to the New Matter raised in Defendants', Fidelity Deposit Company of Maryland ( "Fidelity ") and Zurich American Insurance Company ( "Zurich "), Answer and, in support thereof, avers the following: NEW MATTER 73. Paragraph 73 is a paragraph of incorporation for which no response is required. 74. Denied. The averments of Paragraph 74 of the New Matter are conclusions of law to which no response is required and strict proof thereof is demanded. 75. Denied. The averments of Paragraph 75 of the New Matter are conclusions of law to which no response is required and strict proof thereof is demanded. 76. Denied. Interstate Aerials, in fact, provided the required notice prior to filing the instant suit within the required timeframe provided by law and by contract. See Complaint, Exhibit G. 77. Denied. Interstate Aerials, in fact, brought suit within one year from the date that Interstate Aerials last furnished equipment on the project. See Complaint, Exhibit F. 78. Denied. The averments of Paragraph 78 of the New Matter are conclusions of law to which no response is required and strict proof thereof is demanded. 79. Denied. The averments of Paragraph 79 of the New Matter are conclusions of law to which no response is required and strict proof thereof is demanded. 80. Denied. The averments of Paragraph 80 of the New Matter are conclusions of law to which no response is required and strict proof thereof is demanded. 81. Denied. The averments of Paragraph 81 of the New Matter are conclusions of law to which no response is required and strict proof thereof is demanded. 82. Denied. The averments of Paragraph 82 of the New Matter are conclusions of law to which no response is required and strict proof thereof is demanded. 83. Denied. The averments of Paragraph 83 of the New Matter are conclusions of law to which no response is required and strict proof thereof is demanded. 84. Denied. The averments of Paragraph 84 of the New Matter are conclusions of law to which no response is required and strict proof thereof is demanded. 2 85. Denied. The averments of Paragraph 85 of the New Matter are conclusions of law to which no response is required and strict proof thereof is demanded. 86. Denied. The averments of Paragraph 86 of the New Matter are conclusions of law to which no response is required and strict proof thereof is demanded. 87. Denied. The averments of Paragraph 87 of the New Matter are conclusions of law to which no response is required and strict proof thereof is demanded. By way of further response, Interstate Aerials denies any characterization of the payment bond documents in that said documents are writings which speak for themselves. 88. Denied. The averments of Paragraph 88 of the New Matter are conclusions of law to which no response is required and strict proof thereof is demanded. WHEREFORE, Plaintiff, Interstate Aerials, LLC, requests judgment against Defendants, Fidelity and Deposit Company of Maryland and Zurich American Insurance Company, in an amount in excess of $60,542.70, plus interest, penalties, attorneys' fees, costs, and such other relief as the Court deems just and proper. COHEN, SEGLIAS, PALLAS, GREENHALL & FURMAN, P.C. By: DATED: March 3, 2014 Jason A. Copley Anthony M. Bottenfi Id Attorneys for Plaintiff, Interstate Aerials, LLC. 3 CERTIFICATION OF SERVICE I hereby certify that I have served a true and correct copy of the foregoing Reply to the New Matter Raised in Defendant's Answer upon the following parties, on March 3, 2014: VIA U.S. MAIL, FIRST CLASS, POSTAGE PREPAID Panthera Painting, Inc. 333 Morganza Road Canonsburg, PA 15317 Unrepresented Party VIA EMAIL & U.S. MAIL, FIRST CLASS, POSTAGE PREPAID Jeffrey C. Bright, Esquire Harmon & Davies, P.C. 2306 Columbia Avenue Lancaster, PA 17603 Email: jbright@h-dlaw.com Counsel for Defendants, Fidelity and Deposit Company of Maryland and Zurich American Insurance Company Anthony M. Bottenfield COHEN, SEGLIAS, PALLAS, GREENHALL & FURMAN, P.C. By: Jason Copley (Attorney ID No. 72774) Anthony M. Bottenfield (Attorney ID No. 208626) 30 S. 17th Street, 19th Floor Philadelphia, PA 19103 (215) 564-1700 INTERSTATE AERIALS, LLC v. PANTHERA PAINTING, INC. and, • • • 0771 .ftiCilA i0111 29 011: 09 : COURT OF COMMON PLEAS Plaintiff, : OF CUMBERLAND COUNTY FIDELITY DEPOSIT COMPANY OF MARYLAND and, ZURICH AMERICAN INSURANCE COMPANY Defendants. • : CIVIL ACTION — LAW : NO. 13-7470 • • • • INTERSTATE AERIALS, LLC'S MOTION TO STRIKE THE ANSWER FILED BY UNREPRESENTED CORPORATION, PANTHERA PAINTING, INC. AND FOR ENTRY OF DEFAULT Plaintiff, Interstate Aerials, LLC ("Interstate Aerials"), by and through its undersigned counsel, hereby submits this Motion to Strike the Answer Filed by Unrepresented Corporate Defendant, Panthera Painting, Inc. and for Entry of Default, and in support thereof, states the following: I. INTRODUCTION 1. Interstate Aerials respectfully requests that this Court grant its Motion to Strike the Answer Filed by Unrepresented Corporate Defendant, Panthera Painting, Inc. ("Panthera") and for Entry of Default because Panthera's Answer, signed and submitted by its non -attorney corporate officer, is legally deficient and constitutes a nullity. 2. Because corporations may act only through their agents, Pennsylvania law requires that corporations be represented by counsel in litigation before the courts of the Commonwealth. 3. Where, as here, a corporation attempts to file pleadings and objections on its own, without counsel, such pleadings and objections must be stricken and dismissed as legally deficient. 4. Accordingly, Panthera's Answer, signed and submitted by its non -attorney corporate officer, must be stricken as a nullity and default judgment entered in favor of Interstate Aerials because Panthera's Answer is now more than four months out of time. II. RELEVANT FACTS 5. On December 19, 2013, Interstate Aerials instituted the instant litigation by Complaint against Panthera, among others, seeking payment of all unpaid invoices. A true and correct copy of the Complaint is attached, in pertinent part, hereto as Exhibit A. 6. Panthera's Answer was, accordingly, due twenty days from the date of service of the Complaint, that is, on or before January 8, 2014. 7. Thereafter, on February 6, 2014, having received no answer to its Complaint, Interstate Aerials served on Panthera a Notice of Intent to Seek Default Judgment ("Notice of Default"), as required under the Rules of Civil Procedure. A true and correct copy of the Notice of Default is attached hereto as Exhibit B. 8. Notwithstanding its receipt of the Notice of Default, after the expiration of ten days, Panthera still had yet to serve on Interstate Aerials an answer to the Complaint. 2 9. On May 7, 2014, counsel for Interstate Aerials, having received no response from Panthera, contacted the Cumberland County Prothonotary to determine whether any attorney had entered appearance on behalf of Panthera. 10. The Prothonotary indicated that while Panthera remained unrepresented by counsel, on February 18, 2014, Panthera filed an Answer to the Complaint submitted and signed by Panthera's corporate officer, Andrew Managanas. 11. A search of the Supreme Court of Pennsylvania Disciplinary Board's "Pennsylvania Attorney Look Up" database revealed that Panthera's corporate officer is not a licensed attorney. A true and correct copy of the search results from the Pennsylvania Attorney Look Up is attached hereto as Exhibit C. 12. Panthera, further, has never served Interstate Aerials with its legally deficient Answer. 13. Interstate Aerials was, however, able to obtain a copy of the Answer from the Cumberland County Prothonotary's website. A true and correct copy of the Answer as found on the website is attached hereto as Exhibit D. II. ARGUMENT A. A legal pleading submitted by a corporate officer is a nullity because corporations must, as a matter of law, be represented by legal counsel. 14. The Commonwealth Court succinctly articulated the rule that governs in the instant case when it stated "kit is well settled that with a few exceptions, non -attorneys may not represent parties before the Pennsylvania courts." (citing Spirit of the Avenger Ministries v. Commonwealth, 767 A.2d 1130 (Pa. Commw. Ct. 2001)); see also Walacavage v. Excell 2000, Inc., 480.2d 281, 284 (Pa. Super. Ct. 1984) (dismissing preliminary objections filed by and argued by a non -attorney corporate officer); Smaha v. Landy, 638 A.2d 392, 397 (Pa. Commw. 3 Ct. ) appeal denied, 651 A.2d 546 (Pa. 1994) (providing that non-profit medical corporation must have counsel in order to proceed in court action as a corporation and cannot represent itself). 15. Walacavage is analogous to the facts in this case. 480 A.2d 281. 16. In Walacavage, the sole shareholder and president of a corporation signed all pleadings, motions, and briefs submitted to the trial court. Id. at 140. 17. The trial court later dismissed the corporation's preliminary objections "on the ground that [the president] as a layman was without authority to plead on [the corporation's] behalf." Id. at 141. 18. The Superior Court, on appeal, affirmed the trial court's ruling. Id. at 144. 19. The Superior Court explained "a corporation can do no act except through its agents and ... such agents representing the corporation in Court must be attorneys at law who have been admitted to practice, are officers of the court and subject to its control." Id. at 142 (citing MacNeil v. Hearst Corp., 160 F.Supp. 157 (D.Del. 1958)). 20. The purpose of the rule is to maintain the "protection of the courts and the administration of justice, and that a person who accepts the advantages of incorporation for his or her business must also bear the burdens, including the need to hire counsel to sue or defend in court." Id. (internal quotations omitted). 21. In light of this policy, and the persuasive authority of the federal courts and other sister jurisdictions, the Superior Court affirmed the trial court's dismissal of the corporation's preliminary objections having been prepared by a corporate officer not licensed to practice law in the Commonwealth. Id. 4 B. The Answer submitted by Panthera, a corporation, is signed by its corporate president who is not a licensed attorney authorized to practice law in the Commonwealth. 22. Panthera's Answer is, as the preliminary objections and pleadings submitted by the corporate officer in Walacavage were, legally deficient and must be stricken as a nullity. 23. Panthera has attempted exactly what the Superior Court in Walacavage expressly cautioned corporations not to do: take advantage of the benefits of incorporation without shouldering the burden of retaining counsel to represent it in legal matters before the courts of this Commonwealth. See Walacavage, 480 A.2d at 142. 24. In light of the holding of Walacavage and its progeny cited above, the Court must strike Panthera's Answer prepared by a non -lawyer corporate officer as legally deficient. See Exhibit D at 8 (signature by Andrew Manganas); Exhibit C (demonstrating that no attorney by the name of Andrew Manganas is registered with the Pennsylvania Supreme Court). 25. Further, because Panthera's Answer is a nullity, Panthera has failed to file and serve a cognizable answer to Interstate Aerial's Complaint within the time required under the Rules of Civil Procedure, and because Interstate Aerials has already served a Notice of Default on Panthera, Interstate Aerials is entitled to entry of default judgment in its favor and against Panthera. C. The Court should enter default in favor of Interstate Aerials and against Panthera because of Panthera's failure to submit a valid Answer within the time required under the Rules of Civil Procedure. 26. In light of Panthera's legally deficient Answer, and in light of the fact that a legally sufficient Answer from Panthera is now more than forty days overdue in violation of Pa. R.C.P. 1026, the Court should enter default judgment against Panthera, having been duly served 5 with a Notice of Default, and in favor of Interstate Aerials in the amount of $98,759.09 which represents the following: Principal Balance Unpaid: $60,542.70 Interest of 2% Per Month for 15 Months by contract: I $18,162.90 Penalty of 1% per Month for 15 Months per 73 P.S. § 512:2 $9,081.00 Filing and Service Fees per 73 P.S. § 512:3 $228.75 Reasonable Attorney's Fees by contract and 73 P.S. § 512:4 $10,972.49 Total: $98,759.09 WHEREFORE, Plaintiff, Interstate Aerials, LLC, respectfully requests that the Court strike the Answer submitted by unrepresented corporate Defendant, Panthera Painting, Inc., and enter default judgment in favor of Plaintiff by entering an order in the proposed form attached to Plaintiffs Motion to Strike. Respectfully submitted, COHEN, SEGLIAS, PALLAS, GREENHALL & FURMAN, P.C. By. DATED: May 28, 2014 Jason A.CQopley Anthony M. Bottenfield Attorneys for Plaintiff Interstate Aerials, LLC. I See Rental Agreements originally attached to the Complaint as Exhibit D at 2 (stating "Customer and Interstate Aerials, L.L.C. agree that there shall be added to all past due rental charges a late payment fee equal to the lesser of 2 % per month."). 2 See 73 P.S. § 512 (providing that if "litigation is commenced to recover payment due under this act and it is determined that an owner, contractor or subcontractor has failed to comply with the payment terms of this act, the arbitrator or court shall award, in addition to all other damages due, a penalty equal to 1% per month of the amount that was wrongfully withheld."). 3 See 73 P.S. § 512 (providing "the substantially prevailing party in any proceeding to recover any payment under this act shall be awarded a reasonable attorney fee in an amount to be determined by the court or arbitrator, together with expenses). 4 Id. 6 COHEN, SEGLIAS, PALLAS, GREENHALL & FURMAN, P.C. By: Jason Copley (Attorney ID No. 72774) Anthony M. Bottenfield (Attorney ID No. 208626) 30 S. 17th Street, 19th Floor Philadelphia, PA 19103 (215) 564-1700 INTERSTATE AERIALS, LLC : COURT OF COMMON PLEAS Plaintiff, : OF CUMBERLAND COUNTY v. PANTHERA PAINTING, INC. and, FIDELITY DEPOSIT COMPANY OF MARYLAND and, ZURICH AMERICAN INSURANCE COMPANY : CIVIL ACTION — LAW : NO. 13-7470 • Defendants. INTERSTATE AERIALS, LLC'S MEMORANDUM OF LAW IN SUPPORT OF ITS MOTION TO STRIKE THE ANSWER FILED BY UNREPRESENTED CORPORATE DEFENDANT, PANTHERA PAINTING, INC. AND FOR ENTRY OF DEFAULT Plaintiff, Interstate Aerials, LLC ("Interstate Aerials"), by and through its undersigned counsel, hereby submits this Memorandum of Law in Support of its Motion to Strike the Answer Filed by Unrepresented Corporate Defendant, Panthera Painting, Inc. and for Entry of Default and states the following: I. INTRODUCTION Interstate Aerials respectfully requests that this Court grant its Motion to Strike the Answer Filed by Unrepresented Corporate Defendant, Panthera Painting, Inc. ("Panthera") and for Entry of Default (the "Motion") because Panthera's Answer, signed by its non -attorney corporate officer is legally deficient and constitutes a nullity. Because corporations may act only through their agents, Pennsylvania law requires that corporations be represented by counsel in litigation before the courts of the Commonwealth. Where, as here, a corporation attempts to file pleadings and objections on its own, without counsel, such pleadings and objections must be stricken and dismissed as legally deficient. Accordingly, Panthera's Answer, signed and submitted by its non -attorney corporate officer, must be stricken as a nullity and default judgment entered in favor of Interstate Aerials because Panthera's Answer is now more than four months out of time. II. RELEVANT FACTS On December 19, 2013, Interstate Aerials instituted the instant litigation by Complaint against Panthera, among others, seeking payment of all unpaid invoices. A true and correct copy of the Complaint is attached, in pertinent part, to the Motion as Exhibit A. Panthera's Answer was, accordingly, due twenty days from the date of service of the Complaint, that is, on or before January 8, 2014. Thereafter, on February 6, 2014, having received no answer to its Complaint, Interstate Aerials served on Panthera a Notice of Intent to Seek Default Judgment ("Notice of Default") as required under the Rules of Civil Procedure. A true and correct copy of the Notice of Default is attached to the Motion as Exhibit B. Notwithstanding its receipt of the Notice of Default, after the expiration of ten days, Panthera still had yet to serve on Interstate Aerials an answer to the Complaint. On May 7, 2014, counsel for Interstate Aerials, having received no response from Panthera, contacted the Cumberland County Prothonotary to determine whether any attorney had 2 entered appearance on behalf of Panthera. The Prothonotary indicated that while Panthera remained unrepresented by counsel, on February 18, 2014, Panthera filed an Answer to the Complaint submitted and signed by Panthera's corporate officer, Andrew Managanas. A search of the Supreme Court of Pennsylvania Disciplinary Board's "Pennsylvania Attorney Look Up" database revealed that Panthera's corporate officer is not a licensed attorney. A true and correct copy of the search results from the Pennsylvania Attorney Look Up is attached to the Motion as Exhibit C. Panthera, further, has never served Interstate Aerials with its legally deficient Answer. Interstate Aerials was, however, able to obtain a copy of the Answer from the Cumberland County Prothonotary's website. A true and correct copy of the Answer as found on the website is. attached to the Motion as Exhibit D. II. ARGUMENT A. A legal pleading submitted by a corporate officer is a nullity because corporations must, as a matter of law, be represented by legal counsel. The Commonwealth Court succinctly articulated the rule that governs in the instant case when it stated "Mt is well settled that with a few exceptions, non -attorneys may not represent parties before the Pennsylvania courts." (citing Spirit of the Avenger Ministries v. Commonwealth, 767 A.2d 1130 (Pa. Commw. Ct. 2001)); see also Walacavage v. Excell 2000, Inc., 480.2d 281, 284 (Pa. Super. Ct. 1984) (dismissing preliminary objections filed by and argued by a non -attorney corporate officer); Smaha v. Landy, 638 A.2d 392, 397 (Pa. Commw. Ct. ) appeal denied, 651 A.2d 546 (Pa. 1994) (providing that non-profit medical corporation must have counsel in order to proceed in court action as a corporation and cannot represent itself). Walacavage is analogous to the facts in this case. 480 A.2d 281. In Walacavage, the sole shareholder and president of a corporation signed all pleadings, motions and briefs submitted to the trial court. Id. at 140. The trial court later dismissed the corporation's preliminary objections "on the ground that [the president] as a layman was without authority to plead on [the corporation's] behalf." Id. at 141. The Superior Court, on appeal, affirmed the trial court's ruling. Id. at 144. The Superior Court explained "a corporation can do no act except through its agents and ... such agents representing the corporation in Court must be attorneys at law who have been admitted to practice, are officers of the court and subject to its control." Id. at 142 (citing MacNeil v. Hearst Corp., 160 F.Supp. 157 (D.Del. 1958)). The Court continued stating that the purpose of the rule is to maintain the "protection of the courts and the administration of justice, and that a person who accepts the advantages of incorporation for his or her business must also bear the burdens, including the need to hire counsel to sue or defend in court." Id. (internal quotations omitted). In light of this policy, and the persuasive authority of the federal courts and other sister jurisdictions, the Superior Court affirmed the trial court's dismissal of the corporation's preliminary objections having been prepared by a corporate officer not licensed to practice law in the Commonwealth. Id. B. The Answer submitted by Panthera, a corporation, is signed by its corporate president who is not a licensed attorney authorized to practice law in the Commonwealth. Panthera's Answer is, as the preliminary objections and pleadings submitted by the corporate officer in Walacavage were, legally deficient and must be stricken as a nullity. Panthera has attempted exactly what the Superior Court in Walacavage expressly cautioned corporations not to do: take advantage of the benefits of incorporation without shouldering the burden of retaining counsel to represent it in legal matters before the courts of this Commonwealth. In light of Walacavage and its progeny cited, above, the Court must strike Panthera's Answer prepared by a non -lawyer corporate officer as legally deficient. See Exhibit D at 8 (signature by Andrew Manganas); Exhibit C (demonstrating that no attorney by the name 4 of Andrew Manganas is registered with the Pennsylvania Supreme Court). Further, because Panthera's Answer is a nullity, Panthera has failed to file and serve a cognizable answer to Interstate Aerial's Complaint within the time required under the Rules of Civil Procedure, and because Interstate Aerials has already served a Notice of Default on Panthera, Interstate Aerials is entitled to entry of default judgment in its favor and against Panthera. C. The Court should enter default in favor of Interstate Aerials and against Panthera because of Panthera's failure to submit a valid Answer within the time required under the Rules of Civil Procedure. In light of Panthera's legally deficient Answer, and in light of the fact that a legally sufficient Answer from Panthera is now more than forty days overdue in violation of Pa. R.C.P. 1026, the Court should enter default judgment against Panthera, having been duly served with a Notice of Default, and in favor of Interstate Aerials in the amount of $98,759.09 which represents the following: Principal Balance Unpaid: $60,542.70 Interest of 2% Per Month for 15 Months by contract: 5 $18,162.90 Penalty of 1% per Month for 15 Months per 73 P.S. § 512:6 $9,081.00 Filing and Service Fees per 73 P.S. § 512:7 $228.75 Reasonable Attorney's Fees by contract and 73 P.S. § 512:8 $10,972.49 Total: $98,759.09 III. CONCLUSION For the foregoing reason, Plaintiff, Interstate Aerials, LLC, respectfully requests that the Court strike the Answer submitted by unrepresented corporate Defendant, Panthera Painting, 5 See Rental Agreements originally attached to the Complaint as Exhibit D at 2 (stating "Customer and Interstate Aerials, L.L.C. agree that there shall be added to all past due rental charges a late payment fee equal to the lesser of 2 % per month."). 6 See 73 P.S. § 512 (providing that if "litigation is commenced to recover payment due under this act and it is determined that an owner, contractor or subcontractor has failed to comply with the payment terms of this act, the arbitrator or court shall award, in addition to all other damages due, a penalty equal to 1% per month of the amount that was wrongfully withheld."). See 73 P.S. § 512 (providing "the substantially prevailing party in any proceeding to recover any payment under this act shall be awarded a reasonable attorney fee in an amount to be determined by the court or arbitrator, together with expenses). 81d. 5 Inc., and enter default judgment in favor of Plaintiff by entering an order in the proposed form attached to Plaintiff's Motion to Strike. Respectfully submitted, COHEN, SEGLIAS, PALLAS, GREENHALL & FURMAN, P.C. By: DATED: May 28, 2014 Jason A. opley Anthony M. Bottenfiel Attorneys for Plaintiff, Interstate Aerials, LLC. 6 VERIFICATION I, Anthony M. Bottenfield, Esquire, state that I am the attorney for Plaintiff, Interstate Aerials, LLC, and as such am authorized to and do make this Verification on its behalf. I verify that the statements made in the foregoing Motion to Strike the Answer Filed by Unrepresented Corporation, Panthera Painting, Inc. and for Entry of Default, are true and correct to the best of my knowledge, information, and belief. I understand that this Verification is made subject to the penalties of 18 Pa. C.S.A. § 4904, relating to unsworn falsification to authorities, which provides that I may be subject to criminal penalties if I make a written false statement that I do not believe to be true. Dated: May 28, 2014 2687509.1 50042-0016 CERTIFICATION OF SERVICE I hereby certify that I have served a true and correct copy of the foregoing Motion to Strike the Answer Filed by Unrepresented Corporate Defendant, Panthera Painting, Inc., and the accompanying Memorandum of Law in Support upon the following parties, on May 28, 2014: VIA CERTIFIED & U.S. MAIL, FIRST CLASS, POSTAGE PREPAID Panthera Painting, Inc. 333 Morganza Road Canonsburg, PA 15317 Unrepresented Party VIA EMAIL & U.S. MAIL, FIRST CLASS, POSTAGE PREPAID Jeffrey C. Bright, Esquire Harmon & Davies, P.C. 2306 Columbia Avenue Lancaster, PA 17603 Email: ibright@h-dlaw.com Counsel for Defendants, Fidelity and Deposit Company of Maryland and Zurich American Insurance Company -"A&O Anthony M. Bottenfield 2657591.1 50042-0016 EXHIBIT A COHEN, SEGLIAS, PALLAS, GREENHALL & FURMAN, P.C. By: Jason Copley (Attorney ID No. 72774) Anthony M. Bottenfield (Attorney ID No. 208626) 30 S. 17th Street, 19`x' Floor Philadelphia, PA 19103 (215) 564-1700 INTERSTATE AERIALS, LLC. 313 Borelli Blvd. Paulsboro, NJ 08066 Plaintiff, v. PANTHERA PAINTING, INC. 333 Morganza Road Canonsburg, PA 15317 and, FIDELITY DEPOSIT COMPANY OF MARYLAND 600 Red Brook Blvd. Owing Mills, MD 21117 and, ZURICH AMERICAN INSURANCE COMPANY 165 Broadway, 32nd Floor New York, NY 10006 Defendants. �; THE (s�� ICE /� j OF 1 HE PROTHONOTARY � HONOTAR�! FA DEC 19 AM 10: 147 CUMBERLAND COUNTY PENNSYLVANIA Attorneys for Plaintiff, Interstate Aerials, LLC. : COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY : CIVIL ACTION LAW • • • • �iviLnc ACTION el; No. ) 3- / ��%6 i NOTICE TO DEFEND TRUE COPY FROM RECORD In Testimony •<v;•_.eo" I Mere ..• .o set my hand all:) the seal a said 1 o t Oji C ar s:e• Pa. T hi E, :._:%J_.. day of ___1._ C.` • 20 / Pie honot3 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 complaint and notice are served, by entering a written appearance personally or by attorney and by filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that If you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights Important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, 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 Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (717)249-3166 2 AVISO Le han demandado a usted en la corte. Si usted quaere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene vlente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Hace falta asentar una comparaesencia escrita o en persona o con un abogado y entregar a la carte en forma escrita sus defensas o sus objectiones a las demandas en contra de su persona. Sea avisado que si usted no se fefiende, la corte tomara medidas y puede continuar la demanda en contra suya sin previo aviso a notiflcacion. Ademas, la corte puede decldir a favor del demandante y requiere que usted cumpla con todas las provisiones de esta demanda. Usted puede perder dinero o sus propledades u otros derechos Importantes para usted. USTED DEBE LLEVAR ESTE PAPEL SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE Un ABOGADO, VAYA A 0 LLAME POR TELEFONO La OFICINA DISPUESTA ABA)O. ESTA OFICINA PUEDE PROVEER De USTED La INFORMAC16N SOBRE EMPLEAR A un ABOGADO. SI USTED NO PUEDE PERMITIRSE AL HIRE A un ABOGADO, ESTA OFICINA PUEDE PODER PROVEER DE USTED LA INFORMAC16N SOBRE LAS AGENCIAS QUE LOS SERVICIOS )UR(DICOS de la OFERTA de MAYO A LAS PERSONAS ELEGIBLES EN Un HONORARIO REDUCIDO 0 NINGON HONORARIO. ASOCIACI5N DE LICENCIADOS DE CUMBERLAND 32 South Bedford Street Carlisle, Pennsylvania 17013 (717)249-3166 COHEN, SEGLIAS, PALLAS, GREENHALL & FURMAN, P.C. By: Jason Copley (Attorney ID No. 72774) Anthony M. Bottenfield (Attorney ID No. 208626) 30 S. 17th Street, 19th Floor Philadelphia, PA 19103 (215) 564-1700 Attorneys for Plaintiff Interstate Aerials, LLC. INTERSTATE AERIALS, LLC. 313 Borelli Blvd. Paulsboro, NJ 08066 v. PANTHERA PAINTING, INC. 333 Morganza Road Canonsburg, PA 15317 and, : COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY Plaintiff, : CIVIL ACTION — LAW . NO. FIDELITY DEPOSIT COMPANY OF MARYLAND 600 Red Brook Blvd. Owing Mills, MD 21117 and, ZURICH AMERICAN INSURANCE COMPANY 165 Broadway, 32nd Floor New York, NY 10006 Defendants. COMPLAINT Plaintiff, Interstate Aerials, LLC ("Interstate Aerials"), by and through its undersigned counsel, Cohen, Seglias, Pallas, Greenhall & Furman, P.C., hereby files this Complaint against Panthera Painting, Inc. ("Panthera"), The Fidelity and Deposit Company of Maryland ("Fidelity"), and Zurich American Insurance Company ("Zurich"), and in support thereof avers the following: I. PARTIES 1. Plaintiff, Interstate Aerials, is a limited liability company organized under the laws of New Jersey, with principal place of business at 313 Borelli Blvd., Paulsboro, NJ 08066. 2. Upon information and belief, Defendant, Panthera, is a corporation organized under the laws of Pennsylvania, with principal place of business at 333 Morganza Road, Canonsburg, PA 15317. 3. Upon information and belief, Defendant, Fidelity, is a corporation organized under the laws of Maryland, with a principal place of business at 600 Red Brook Blvd., Owing Mills, MD 21117. 4. Upon information and belief, Defendant, Zurich, is a corporation organized under the laws of Illinois, with a principal place of business at 165 Broadway, 32nd Floor, New York, NY 10006. II. BACKGROUND 5. This dispute arises out of a construction project known as the I-81 George Wade Bridge Rehabilitation Project, located in Cumberland County and Dauphin County, Pennsylvania ("Project"). 6. Upon information and belief, the owner of the Project is the Commonwealth of Pennsylvania, Department of Transportation ("Owner"). 7. Upon information and belief, on or about September 3, 2009, the Owner entered into a contract with J.D. Eckman ("Eckman"), Contract No. 57764 ("Contract"), whereby Eckman was to act as general contractor on the Project. A true and correct copy of the first 2 nineteen (19) pages of the Contract and several pertinent sections (the full Contract has not been attached because it is too voluminous) are attached hereto as Exhibit "A." 8.. Pursuant to the terms of the Contract, and as required under Pennsylvania law, two payment bonds (collectively the "Payment Bonds") were obtained for the benefit of those performing labor or furnishing material in prosecution of the work on the Project. See Ex. A at 205-09. 9. On or about September 18, 2009, Fidelity issued one payment bond in connection with the Project identified as Bond # PRF8984911 in the amount of $19,475,000.00 ("Fidelity Bond"). A true and correct copy of the Fidelity Bond is attached hereto as Exhibit "B." 10. On or about September 18, 2009, Zurich issued a payment bond in connection with the Project identified as Bond # PRF8984911 in the amount of $16,973,227.41 ("Zurich Bond"). A true and correct copy of the Zurich Bond is attached hereto as Exhibit "C." 11. Upon information and belief, Eckman as general contractor, entered into a subcontract with Panthera whereby Panthera was to perform certain work in connection with the Project. 12. Beginning in or about August, 2012, Panthera leased certain equipment pursuant to several leasing agreements, from Interstate Aerials for its work in connection with the Project. A true and correct copy of the leasing agreements are attached hereto as Exhibit "D." 13. Interstate Aerials furnished equipment to Panthera between August, 2012 and December, 2012. 14. Between September, 2012 and December, 2012, Interstate Aerials periodically provided Panthera with invoices for the leased equipment. A true and correct copy of a statement summarizing the invoices is attached hereto as Exhibit "E." 2359868.150042-0016 3 15. Interstate Aerials last furnished equipment to the Project on or about December 24, 2012. See A true and correct copy of a record of last furnishing is attached hereto as Exhibit 16. On or about March 5, 2013, Interstate Aerials, via letter, provided Eckman, the general contractor on the Project, with written notice that Panthera had failed to make payment on the amounts due to Interstate Aerials for the leased equipment used in connection with the Project. 17. The March 5, 2013 letter also notified Eckman of Interstate Aerial's intent to make claim on the Payment Bonds if it was not be paid. A true and correct copy of the letter is attached hereto as Exhibit "G." 18. Notwithstanding Interstate Aerials' demands, neither Panthera nor Eckman have made full payment to Interstate Aerials for the outstanding balance due on the equipment used in prosecution of the work on the Project. 19. The amount still due and owing to Interstate Aerials for the equipment leased by Panthera in connection with the project, exclusive of interest, penalties, and attorneys' fees, is $60,542.70. See Ex. E. COUNT I BREACH OF CONTRACT (Interstate Aerials v. Panthera) 20. Interstate Aerials incorporates by reference all of the foregoing paragraphs as if fully set forth herein. 21. Interstate Aerials furnished equipment to the Project. 22. Interstate Aerials furnished equipment to Panthera pursuant to several leasing agreements. See Ex. D. 4 23. The leasing agreements between Interstate Aerials and Panthera are contracts. 24. Panthera has failed to make full payment to Interstate Aerials pursuant to the leasing agreements. See Ex. E. 25. Panthera failed to pay Interstate Aerials $60,542.70. See Ex. E. 26. Panthera's failure to pay Interstate Aerials is a breach of contract. 27. Interstate Aerials is entitled, under its contracts with Panthera, to interest, reasonable costs of collections, court, attorneys' fees and other expenses incurred by Interstate Aerials in the collection of any amounts under the contracts. See Ex. D. WHEREFORE, Plaintiff, Interstate Aerials, LLC, requests judgment against Defendant, Panthera Painting, Inc., in the amount of $60,542.70, plus interest, penalties, attorneys' fees, and such other relief as the Court deems just and proper. COUNT II UNJUST ENRICHMENT (Interstate Aerials v. Panthera) 28. Interstate Aerials incorporates by reference the foregoing paragraphs as if fully set forth herein. 29. Interstate Aerials furnished supplies and equipment to the Project for the benefit of Panthera, fully expecting compensation for such services. 30. Panthera has enjoyed the benefit and use of the services supplied by Interstate Aerials. 31. Panthera's retention of the benefit of supplies and equipment furnished by Interstate Aerials without compensating Interstate Aerials would be unjust. 32. The amount requested by Interstate Aerials is fair and reasonable. 5 33. The reasonable value of equipment and supplies furnished to Panthera exceeds $60,542.70. WHEREFORE, Plaintiff, Interstate Aerials, LLC, demands that judgment be entered in its favor and against Defendant, Panthera Painting, Inc. in the amount of $60,542.70, plus interest, penalties, attorneys' fees, and such other relief as the Court deems just and proper. COUNT III QUANTUM MERUIT (Interstate Aerials v. Panthera) 34. Interstate Aerials incorporates by reference the foregoing paragraphs as if fully set forth herein. 35. Panthera has received the benefit and use of the labor, services, and materials furnished by Interstate Aerials. 36. Interstate Aerials is entitled to the quantum meruit value of the labor, services, and materials provided to Panthera at its request. 37. The quantum meruit value of the labor, services, and materials provided to Panthera by Interstate Aerials which remains unpaid is in excess of $60,542.70. WHEREFORE, Plaintiff, Interstate Aerials, LLC, requests judgment against Defendant, Panthera Painting, Inc. in the amount of $60,542.70, plus interest, penalties, attorneys' fees, and such other relief as the Court deems just and proper. COUNT IV BREACH OF BOND OBLIGATION (Interstate Aerials v. Fidelity) 38. Interstate Aerials incorporates by reference all of the foregoing paragraphs as if fully set forth herein. 6 39. Pursuant to the terms of the Fidelity Bond, Fidelity is jointly and severally liable to pay Eckman's subcontractors and suppliers, including Interstate Aerials, for all labor performed and/or materials furnished in prosecution of the Project. 40. Specifically, the Fidelity Bond covers "any individual, firm, partnership, association or corporation, which has performed labor or furnished material in the prosecution of the work." See Ex. B. 41. Interstate Aerials last performed labor and/or furnished materials in the prosecution of the work on the Project on or about December 24, 2012. See Ex. D. 42. Interstate Aerials has not been paid for all of the equipment and materials furnished to the Project. 43. All conditions precedent to commencing an action against Fidelity under the Fidelity Bond have been satisfied and/or have been waived by Eckman and/or Fidelity. 44. Eckman has not made any payments to Interstate Aerials. 45. Fidelity has not made any payments to Interstate Aerials. WHEREFORE, Plaintiff, Interstate Aerials, LLC, requests judgment against Defendant, The Fidelity and Deposit Company of Maryland, in the amount of $60,542.70, plus interest, penalties, attorneys' fees, and such other relief as the Court deems just and proper. COUNT V BREACH OF BOND OBLIGATION (Interstate Aerials v. Zurich) 46. Interstate Aerials incorporates by reference all of the foregoing paragraphs as if fully set forth herein. 7 47. Pursuant to the terms of the Zurich Bond, Zurich is jointly and severally liable to pay Eckman's subcontractors and suppliers, including Interstate Aerials, for all labor performed and/or materials furnished in prosecution of the Project. See Ex. C. 48. Specifically, the Zurich Bond covers "any individual, firm, partnership, association or corporation, which has performed labor or furnished material in the prosecution of the work." See Ex. C. 49. Interstate Aerials last performed labor and/or furnished materials in the prosecution of the work on the Project on or about December 24, 2012. See Ex. D. 50. Interstate Aerials has not been paid for all of the equipment and materials furnished to the Project. 51. All conditions precedent to commencing an action against Zurich under the Zurich Bond have been satisfied and/or have been waived by Eckman and/or Zurich. 52. Eckman has not made any payments to Interstate Aerials. 53. Zurich has not made any payments to Interstate Aerials. WHEREFORE, Plaintiff, Interstate Aerials, LLC, requests judgment against Defendant, Zurich American Insurance Company, in the amount of $60,542.70, plus interest, penalties, attorneys' fees, and such other relief as the Court deems just and proper. COUNT VI VIOLATION OF PENNSYLVANIA'S CONTRACTOR AND SUBCONTRACTOR PAYMENT ACT, 73 P.S. 501, et seq. ("CASPA") (Interstate Aerials v. Panthera) 54. Interstate Aerials incorporates by reference the foregoing paragraphs as if fully set forth herein. 55. Panthera is a "subcontractor" within the meaning of 73 P.S. § 502. 56. Interstate Aerials is a "subcontractor" within the meaning of 73 P.S. § 502. 57. The Project is an "improvement" to "real property" within the meaning of 73 P.S. § 502. 58. Interstate Aerials has duly performed under the terms of its leasing agreements thereby entitling it to payment from Panthera pursuant to 73 P.S. §§ 504, 507(a). 59. Panthera has not made payment to Interstate Aerials within the statutorily required timeline as provided under 73 P.S. § 507(c) and/or the leasing agreements. 60. Panthera's failure to pay is a violation of CASPA thereby entitling Interstate Aerials to interest under 73 P.S. § 507(d), attorneys' fees under 73 P.S. § 512(b), and the assessment of penalties against Panthera under 73 P.S. § 512(a). WHEREFORE, Plaintiff, Interstate Aerials, LLC, requests judgment against Defendant, Panthera Painting, Inc., in an amount in excess of $60,542.70, plus interest, penalties, attorneys' fees, costs, and such other relief as the Court deems just and proper. COUNT VII VIOLATION OF PENNSYLVANIA'S PROMPT PAYMENT ACT, 62 P.S. § 3901, et seq. (Interstate Aerials v. Panthera) 61. Interstate Aerials incorporates by reference the foregoing paragraphs as if fully set forth herein. 62. Panthera is a "subcontractor" within the meaning of 62 P.S. § 3902. 63. Interstate Aerials is a "subcontractor" within the meaning of 62 P.S. § 3902. 64. Upon information and belief, the Project is a public project subject to the provisions of 62 P.S. § 3902, et sed. also known as the Pennsylvania Prompt Pay Act. 65. Upon information and belief, Panthera has not provided notice to Interstate Aerials that Eckman intended to and/or did withhold payment from Panthera for any deficiency 9 items associated with the labor provided and/or materials and equipment furnished by Interstate Aerials. 66. Panthera did not provide timely notice to Interstate Aerials of any such deficiency items associated with the labor provided and/or materials and equipment furnished by Interstate Aerials in order to withhold payment in accordance with the provisions of the Prompt Payment Act. 67. Panthera's failure to provide timely notice of any such deficiency items associated with the labor provided and/or materials and equipment furnished by Interstate Aerials violates the terms of the Prompt Payment Act, entitling Interstate Aerials to interest, penalties, and attorneys' fees. 68. Panthera has not timely paid Interstate Aerials for the labor provided and/or materials and equipment furnished by Interstate Aerials to the Project, violating the provisions of the Prompt Payment Act. 69, Because there is no valid basis for withholding payment to Interstate Aerials, Panthera's withholding of payment was arbitrary, and/or vexatious and, therefore, constitutes bad faith under the Prompt Payment Act. 70. Because Panthera failed to properly withhold payment in accordance with the Prompt Payment Act, such withholding was done in bad faith. 71. Accordingly, Interstate Aerials is entitled to interest, penalties, and attorneys' fees. action. 72. The aforementioned damages will continue to accrue during the pendency of this 10 WHEREFORE, Plaintiff, Interstate Aerials, LLC, requests judgment against Defendant, Panthera Painting, Inc., in an amount in excess of $60,542.70, plus interest, penalties, attorneys' fees, costs, and such other relief as the Court deems just and proper. DATED: December 18, 2013 COHEN, SEGLIAS, PALLAS, GREENHALL & FURMAN, P.C. By:4i,A1P,/ Jason A. Copley Anthony Bottenfield Attorneys for Plaintiff, Interstate Aerials, LLC. 11 VERIFICATION i �1no c-, hereby affirm that I am authorized to make this verification on behalf of Interstate Aerials, Inc. I have reviewed the facts set forth in the foregoing Complaint and hereby verify that the statements made herein are true and correct to the best of my knowledge, information and belief. I understand that the statements in the Complaint are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. EXHIBIT A ECMS Highway Construction Contract 57764 ECMS Highway Construction Contract: 57764 J. D. Eckman, Inc. XX-XXXXXXX Atglen 610-593-5143 (phone) 610-593-2750 (fax) mark.eckman@jdeckmaninc.com Prime Business Partner DauphinCounty SR 81, Section 042 1-81 Wade Bridge Rehab. Location X085 -213-L010 Federal Project P-10008107042-0850-324-2 P-10008107042-0850-362-1 WBS Element September 3, 2009 Bid Opening September 30, 2009 16:26:21 PM Page 1 of 221 ECMS Highway Construction Contract 57764 TABLE OF CONTENTS Contract 7 Addenda 11 Addendum: 1 11 Addendum: 2 12 Addendum: 3 14 Bid Items 15 Special Provisions 20 G2A - a00002 PUBLIC BID OPENING LOCATION 20 G6C - a00006 PURCHASABLE ITEMS 20 GIOIA - a00101 GOVERNING SPECIFICATIONS AND APPLICABLE DESIGNATED SPECIAL 20 PROVISIONS G113A - a00113 CONTRACT PROVISIONS - RIGHT TO KNOW LAW 21 G201A - a00201 PRE-BID CONFERENCE 22 00 - a00301 SHOP DRAWING REVIEW 23 G401A - a00401 ADVANCE NOTICE OF TRAFFIC RESTRICTIONS 23 G501A - a00501 AIR POLLUTION CONTROL IN AIR BASINS 23 G901 B - a00901 ALTERNATE EROSION AND SEDIMENT POLLUTION CONTROL PLAN 24 G1101 B - a01101 CONSTRUCTION PROCEDURES - EROSION AND SEDIMENT POLLUTION 24 CONTROL G1601A - a01601 E.E.O. COVERED AREA 25 00 - a01701 ENVIRONMENTAL COMMITMENT AND MITIGATION TRACKING SYSTEM 26 (ECMTS) REPORT REVIEW AND SIGN -OFF G1902A - a01902 INSURANCE --GENERAL APPLICATION -ADDITIONAL COVERAGE LIMITS27 G2201A - a02201 RAILROAD COMPANY CONTACT PERSON 27 00 - a02202 RAILROAD COORDINATION & REQUIREMENTS 28 00 - a02203 SPECIAL PROVISIONS FOR PROTECTION OF RAILWAY INTEREST 29 G2301A - a02301 MAINTENANCE AND PROTECTION OF RAILROAD TRAFFIC 37 G2401A - a02401 RAILROAD PROTECTIVE SERVICES COSTS 38 G60A - a02801 NIGHT SHIFT 39 00 - a02901 NORFOLK SOUTHERN RAILROAD YARD EARTH DISTURBANCES 39 00 - a03301 PA FISH AND BOAT COMMISSION COMPLIANCE 39 00 - a03302 PARKS AND RECREATION FACILITIES/SECTION 4(f) RESOURCES 40 00 - a03401 PENNSYLVANIA GAME COMMISSION COMPLIANCE 41 00 - a03402 PROTECTION OF UTILITIES UNDER WADE BRIDGE 41 00 - a03403 ROADWAY LIGHTING RESTRICTIONS 41 G4301D - a04301 UTILITIES --THE REQUIREMENT TO LIST INFORMATION 41 G4801C - a04801 PRICE ADJUSTMENT FOR DIESEL FUEL COST FLUCTUATIONS 43 G4901A - a04901 PRICE INDEX FOR ASPHALT CEMENT 47 G4902B - a04902 PRICE ADJUSTMENT FOR STEEL COST FLUCTUATIONS 47 G95B - a05101 ROAD USERS LIQUIDATED DAMAGES 52 00 - a05102 STAGING AND WASTE DISPOSAL AREAS 53 September 30, 2009 16:26:21 PM Page 2 of 221 ECMS Highway Construction Contract 57764 G110A - a05201 START OF WORK 53 G100A - a05301 STATE POLICE FOR CONSTRUCTION ASSISTANCE 54 00 - a05401 TRANSPORTATION MANAGEMENT PLAN COORDINATION 54 G7012A - a07012 CHANGES TO SPECIFICATIONS: SECTIONS 491 AND 492 55 G7019A - a07019 CHANGES TO SPECIFICATIONS: SECTIONS 627, 901, and 1005 56 G7020B - a07020 CHANGES TO SPECIFICATIONS: SECTION 409 61 G7021A - a07021 CHANGES TO SPECIFICATIONS: DSP 2 63 G7022A - a07022 CHANGES TO SPECIFICATION: SECTION 107 63 G7024A - a07024 CHANGES TO SPECIFICATIONS: SECTIONS 108 AND 689 64 00 - a10501 BRIDGE PIER LABELING 70 00 - a10501 COAST GUARD COMPLIANCE 71 N10550A - a10550 HEAVY CONSTRUCTION WAGE RATES 71 N10601A - a10601 DRIVE ADJUSTMENTS 72 G10A - a10701 EXISTING PAVEMENT MARKINGS 72 00 - a10802 GROUTING FOR POST TENSIONING 72 G50C - a10901 GUIDE RAIL MOUNTED DELINEATORS 80 00 - a12201 PIER 6 PRE -CONSTRUCTION SURVEY 81 00 - a12801 WIRELESS AIR CARD 81 G115A - a12901 TEMPORARY CONCRETE BARRIER/GLARE SCREEN MOUNTED 81 DELINEATORS 00 - b01051 SECTION 105 - FALSEWORK DRAWINGS REVIEW 82 P1051A - b01051 SECTION 105.17 - ACCEPTANCE OF CONSTRUCTION LOADINGS AND 83 MATERIAL STOCKPILING ON BRIDGES S2011 B - b02011 SECTION 201.3 84 S2051A - b02051 SECTION 205 - BORROW EXCAVATION 84 S4091 B - b04091 SECTION 409.3 84 S6052A - b06052 SECTION 605-ENDWALLS, INLETS, MANHOLES, AND SPRING BOXES 86 S6061A - b06061 SECTION 606.1 DESCRIPTION 89 S6081C - b06081 SECTION 608 - MOBILIZATION 89 S6092A - b06092 SECTION 609.2(g) MISCELLANEOUS MATERIALS 89 S7052A - b07052 SECTION 705.7(b) FOR MASONRY JOINTS AND HORIZONTAL JOINTS 90 BETWEEN PRECAST COMPONENTS S7142A - b07142 SECTION 714.1 GENERAL REQUIREMENTS AND SECTION 714.2 PRECAST 90 CONCRETE UNITS S8671A - b08671 SECTION 867—COMPOST FILTER SOCK 91 S9311A - b09311 SECTION 931.2 93 S9341A - b09341 SECTION 934 93 S10011A - b10011 SECTION 1001.3(k)5 93 S10791B - b10791 SECTION 1079 - ENVIRONMENTAL PROTECTION 94 S11051A - b11051 SECTION 1105.02(h)1. GRAY IRON CASTINGS AND SECTION 1105.02(h)2. 99 MALLEABLE IRON CASTINGS I4911A - c04911 ITEM 0491-0063 - MILLING OF BITUMINOUS PAVEMENT SURFACE, 1 1/2" 100 DEPTH September 30, 2009 16:26:21 PM Page 3 of 221 ' ECMS Highway Construction Contract 57764 I6091C - c06091 ITEM 0609-0009 - EQUIPMENT PACKAGE 100 00 - c06751 4675-0001 - RANDOM STONE SLOPE WALL (MODIFIED) 102 16892A - c06892 ITEM 0689-0003 - CPM SCHEDULE 102 00 - c0901 ITEM 0901-0001 - MAINTENANCE AND PROTECTION OF TRAFFIC DURING 102 CONSTRUCTION 00 - c09012 ITEMS 0901-0250/0251 - TEMPORARY HIGHWAY LIGHTING (West Shore/East 112 Shore) 00 - c09101 ITEM 4910-0161 - HIGH MAST POLE FOUNDATION - DRILLED CAISSON TYPE 113 (MODIFIED) 00 - c09102 ITEM 4910-0242 - STEEL LIGHT. POLE WITH 6' BRACKET ARM (30 -FOOT 113 MOUNTING HT) TYPE A (MOD.) 00 - c09103 ITEM 4910-0252 - STEEL LIGHT. POLE WITH 20' BRACKET ARM (30 -FOOT 114 MOUN. HT.) TYPE A (MOD.) 00 - c09104 ITEM 4910-0324 -STEEL LIGHT. POLE WITH 8' BRACKET ARM (40 -FOOT 114 MOUNT. HT) TYPE A (MOD.) 00 - c09105 ITEM 4910-2827 - 200 WATT HIGH PRESSURE SODIUM LUMINAIRE, ARM 115 MOUNT (MODIFIED) 00 - c09106 ITEM 4910-2830 - 400 WATT HIGH PRESSURE SODIUM LUMINAIRE, ARM 115 MOUNT (MODIFIED) 00 - c09107 ITEM 4910-3050 - 400 -WATT HIGH PRESSURE SODIUM LUMINAIRE (HPS) 115 (MODIFIED) 00 - c09108 ITEM 4910-3063 - 200 WATT HIGH PRESSURE SODIUM LUMINAIRE, WALL 116 MOUNT (MODIFIED) 00 - c09109 ITEM 4910-3073 - 150 -WATT HIGH PRESSURE SODIUM LUMINAIRE, OVER- 116 HEAD MOUNT (MODIFIED) 00 - c09361 ITEM 4936-0001 - STRUCTURE MOUNTED EXTRUDED ALUMINUM CHANNEL 117 SIGNS (MODIFIED) 00 - c10011 ITEM 5001-0000 - CLASS AAA CEMENT CONCRETE (MODIFIED) 117 00 - c10031 ITEM 5003-0002 - DOWEL HOLES, 6" DEPTH (MODIFIED) 117 00 - c10401 ITEM 5040-0001 - CONCRETE BRIDGE DECK REPAIR, TYPE 1 (MODIFIED) 118 00 - c10401 ITEM 5040-0002 - CONCRETE BRIDGE DECK REPAIR, TYPE 2 (MODIFIED) 119 00 - c10411 ITEM 5041-0001 - SCARIFICATION (MODIFIED) 120 00 - c10421 ITEM 5042-0001 - LATEX MODIFIED CONCRETE WEARING SURFACE, 11/4" 120 DEPTH (MODIFIED) 00 - c10561 ITEM 5056-0130 - FABRICATED STRUCTURAL STEEL, REPAIRS (MODIFIED) 121 00 - c10901 ITEM 5090-0100 - JACKING BRIDGE SUPERSTRUCTURE (MODIFIED) 123 119992A - c19992 ITEM 1999-9999 - TRAINEES 126 00 - c90001 ITEM 9000-0003 - WATER CONTAINMENT SYSTEM 128 00 - c90002 ITEM 9000-0004 - TRANSITION CURB BLOCK 128 00 - c90003 ITEM 9000-0010 - REMOVE EXISTING LIGHT POLE 129 00 - c90004 ITEM 9000-0040 - SNOWPLOW TRUCK AND OPERATOR 129 00 - c90005 ITEM 9000-0568 - TEMPORARY 18" PIPE 130 00 - c90006 ITEM 9000-5010 - WATER TESTING TECHNICIAN 130 00 - c90011 ITEM 9001-0001 - ANTIGRAFFITI COATING, MODIFIED 131 00 - c90012 ITEM 9001-0040 - INTRUSION GROUT BAGS 134 September 30, 2009 16:26:21 PM Page 4 of 221 ECMS Highway Construction Contract 57764 00 - c90181 ITEM 9018-0050 - REMOVAL OF PORTION OF EXISTING BRIDGE 135 00 - c90261 ITEM 9026-0001 - STRIP SEAL GLAND REPLACEMENT 137 00 - c90701 ITEM 9070-0150 - PAINTING EX. STRUCTURAL STEEL USING ORGANIC ZINC 138 COATING SYSTEM (AREA 1) 00 - c90702 ITEM 9070-0151 - PAINTING EX. STRUCTURAL STEEL USING ORGANIC ZINC 139 COATING SYSTEM (AREA 2) 00 - c90711 ITEM 9071-0150 - ZONE MAINTENANCE PAINTING OF EXISTING STRUCTURAL 141 STEEL 110731B - c90731 ITEM 9073-0001 - DISPOSAL OF BRIDGE WASTE 142 110751B - c90751 ITEMS 9075-0001/0002/0003 - CONTAINMENT 150 110771B - c90771 ITEM 9077-0001 - WORKER HEALTH AND SAFETY 155 00 - c91001 ITEMS 9100-0005/0006 - PEENING, TYPE 1/TYPE 2 163 00 - c91002 ITEM 9100-0009 - CLEAN PIERS AND ABUTMENTS 165 00 - c91003 ITEM 9100-0010 - CONCRETE REPAIRS 166 00 - c91004 ITEM 9100-0011 - CLEAN AND FLUSH DRAINAGE SYSTEM 167 00 - c91005 ITEM 9100-0012 - REPLACE EXISTING TROUGHS AT TOOTH DAMS AS 168 INDICATED 00 - c91005 ITEM 9100-0013 - PIER CAP POST -TENSIONING 169 00 - c91006 ITEM 9100-0030 - CRACK SEAL, SUBSTRUCTURE 175 00 - c91007 ITEM 9100-0091 - SEISMIC RETROFIT OF ROCKER BEARINGS 176 00 - c91008 ITEM 9100-0093 - REPAIR AND PARTIALLY REPLACE SLIDING BRONZE 177 EXPANSION BEARINGS 00 - c91009 ITEM 9100-0094 - FABRICATED STRUCTURAL STEEL, REPAIRS, AS DIRECTED. 178 00 - c91010 ITEM 9100-0095 - PEDESTAL RETAINER 180 00 - c91011 ITEM 9100-0096 - REPLACE ROCKER BEARINGS WITH MULTI ROTATIONAL 180 DISC BEARINGS 00 - c91012 ITEM 9100-0097 - MISCELLANEOUS ANCHOR BOLT REPAIR 181 00 - c91013 ITEM 9100-0098 - DRILL HOLES AT INTERSECTING WELDS 182 00 - c91014 ITEM 9100-0099 - REPAIR CRACKED FLOORBEAMS 183 00 - c91015 ITEM 9100-0100 - SIGN STRUCTURE REPAIR 183 00 - c91016 ITEM 9100-0101 - REPLACE METAL RAILING 184 00 - c91017 ITEM 9100-0102 - LOW FRICTION COATING AT SCUPPER 185 00 - c91018 ITEM 9100-0104 - STRIP SEAL GLAND REPLACEMENT (AS DIRECTED) 186 00 - c91019 ITEMS 9100-0105/0106/0107 - AUXILIARY SUPPORT BEARING 187 STRENGTHENING, TYPE 1, TYPE 2, & TYPE 3 00 - c91020 ITEM 9100-0108 - LOAD CELL 188 00 - c91021 ITEM 9100-0109 - MONITORING EQUIPMENT 189 00 - c96051 ITEM 9605-0002 - INLET PROTECTION 189 00 - c96052 ITEM 9605-0003 - TEMPORARY INLET 190 00 - c96053 ITEM 9605-0571 - INLET CAP 190 00 - c96231 ITEM 9623-0001 - 32" TO 50" BARRIER TRANSITION 190 00 - c96232 ITEM 9623-0002 - RESET 32" TO 50" BARRIER TRANSITION - 191 00 - c96271 ITEM 9627-0001 - TEMPORARY CONCRETE GLARE SCREEN 191 September 30, 2009 16:26:21 PM Page 5 of 221 ECMS Highway Construction Contract 57764 00 - c96281 ITEM 9628-0001 - RESET TEMPORARY CONCRETE GLARE SCREEN 192 00 - c97081 ITEM 9708-2601 - GALVANIC CORROSION PROTECTION SYSTEM FOR 192 PROTECTION OF PIER CAP 00 - c97082 ITEM 9708-2602 - ACTIVATED ARC ZINC SPRAY FOR GALVANIC CORROSION 193 PROTECTION OF REIN. CONCRETE 00 - c98671 ITEM 9867-0024 - COMPOST FILTER SOCK, 24" DIAMETER 195 00 - c99011 ITEM 9901-0100 - SHADOW VEHICLE EQUIPPED WITH TRUCK MOUNTED 195 ATTENUATOR 00 - c99101 ITEM 9910-0001 - JUNCTION BOX 196 00 - c99102 ITEM 9910-0007 - PULL BOX 196 00 - c99103 ITEM 9910-1206 - HIGH MAST LIGHTING POLE (120 -FOOT HEIGHT) SPECIAL 197 00 - c99104 ITEM 9910-5309 - 3" WATERTIGHT FLEXIBLE GALVANIZED STEEL CONDUIT 198 00 - c99105 ITEMS 9910-7211/7212 - TESTING OF ENTIRE LIGHTING SYSTEM 198 00 - c99106 ITEM 9910-8000 - MISCELLANEOUS LIGHTING WORK 199 00 - c99311 ITEM 9931-0001 - POST MOUNTED SIGNS, TYPE B, CONCRETE BARRIER 199 MOUNTED Performance Bonds 201 Payment Bonds 205 Insurance 209 DBE Commitments 210 Plans 219 Attachments 220 September 30, 2009 16:26:21 PM Page 6 of 221 ECMS Highway Construction Contract 57764 Contract Addendum issued subsequent to the printed proposal have been incorporated into the text of this contract and the modified portions are annotated in the contract - e.g., Al, A2 etc. Incorporated Addenda are As follows: Addendum No. 1, Addendum No. 2, Addendum No. 3, Al, dated 07/27/2009 A2, dated 08/24/2009 A3, dated 08/27/2009 THIS AGREEMENT, Made this 30 day of SeptemberA.D. 2009, between the Commonwealth of Pennsylvania by the Secretary of Transportation, hereinafter called the Commonwealth and J. D. Eckman, Inc. his, hers, its or their executors,administrators, successors, or assigns, hereinafter called the Contractor. WITNESSETH: 1. That the Contractor, for and in consideration of the payment or payments herein specified and agreed to by the Commonwealth, hereby covenants and agrees to furnish and deliver all the materials and to do and perform all the work and labor in the improvement of a certain section of highway at the unit prices bid by said Contractor for the respective estimated quantities aggregating approximately the sum of $36,448,227.41 and such other items as are mentioned in the Contractor's original proposal, which proposal and prices named, together with Publication 408/2007-4 - Specifications (as specified in the proposal), are made a part of this contract and accepted as such, also the drawings of the project, prepared and/or approved by the Department of Transportation, which drawings are also agreed by each party as being a part hereof. 2. The location and description being situated as follows: This project consists of the rehabilitation of the George Wade Bridge and other miscellaneous construction, all as indicated on the approved drawings included in the Bid Package for STATE ROUTE 0081, SECTION 042, in CUMBERLAND & DAUPHIN COUNTIES, EAST PENNSBORO & SUSQUEHANNA TOWNSHIPS, and the CITY OF HARRISBURG, from Segment 0634/0635 Offset 1047/1295 to Segment 0670/0671 Offset 0427/0226, for an overall project length of 18,125.61 linear feet (3.433 miles). 3. The Contractor further covenants and agrees that all work shall be performed in the best and most workmanlike manner. He also agrees that all materials furnished and labor performed shall be in strict and complete conformity, in every respect, with all parts of this contract and shall be subject to the inspection and acceptance of authorized representatives of the Department of Transportation. In the event that any portion of work (including materials supplied pursuant thereto) performed by the Contractor is rejected by the Department's authorized representatives as defective, unsuitable, or unacceptable, the Contractor agrees to remove and replace all such rejected portions of work in conformance with this contract and to the satisfaction of and at no expense to the Department. The Contractor further covenants that prompt payment will be made in full for all labor and materials used in the performance of work on this project. September 30, 2009 16:26:21 PM Page 7 of 221 ECMS Highway Construction Contract 57764 4. The Contractor covenants and agrees that all work (including, but not limited to, all labor performed and all materials supplied) on this project shall be performed and completed to the satisfaction of the Chief Highway Engineer of the Department of Transportation on or before the expiration date of 05/25/2012. If, for any reason, except as provided in the contract, the Contractor fails to complete all work on this project to the satisfaction of the Chief Highway Engineer within the aforementioned time allowed, the Department shall deduct from any sums due or which may become due the Contractor the amount indicated in the Specifications for each calendar day used in excess of the aforementioned number of days allowed, or, in case a completion date is fixed, for each calendar day elapsing between that completion date and the actual date of completion. If no sums are due the Contractor, the Contractor agrees to remit to the Department the aforementioned sum for each day used in excess of the time allowed for completion of the contract. The amounts deducted or remitted under this paragraph are liquidated damages and not penalties. 5. The Contractor further covenants and warrants that the Contractor has had sufficient time to examine and has examined the site of the contract work to ascertain for itself those conditions such as may be determined by inspection, investigation, and inquiry, including the location, accessibility, and general character of the site. 6. The Contractor further covenants that he has not relied upon any information provided by the Department, including information contained in the Special Provisions, concerning the time within which publicly or privately- owned facilities below, at or above the ground are expected to be installed, removed, repaired, replaced, and/ or relocated; that he has not relied upon any information provided by the Department concerning the location or existence of all such facilities that might be below, at or above the ground; that he has contacted or will contact all owner of such facilities to verify the location and position of all such facilities and the time within which work on such facilities will be performed; and that he is aware delays might be incurred in the performance of work on this project as a result of work being performed or that will be performed on such facilities by their owners. It is understood further that, notwithstanding assistance of any kind and extent that might be provided by the Department, the Contractor, in every instance, bears the ultimate responsibility of resolving all disputes of every kind with the owners of such facilities. The Contractor agrees to save and hold the Department harmless from liability for all delays, interference and interruptions that might arise during the performance of work on this project as a result of work being or that will be performed on such publicly or privately -owned facilities. 7. The Contractor further covenants and warrants that he has read, is completely familiar with and understands thoroughly the General Conditions; the Specifications of the Commonwealth of Pennsylvania, Department of Transportation, currently in effect; the Supplements, Special Provisions and/or Conditions; and any other addenda or requirements, contained in the governing the performance of work under this contract, whether attached hereto and made a part hereof, or incorporated herein by reference, 8. It is distinctly understood and agreed that the Contractor shall not do any work (including, but not limited to, the supply of labor and/or materials) not covered by the specifications and the contract, unless such work has been authorized in writing as provided in the Specifications. In no event shall the Contractor incur any liability by reason of refusing to obey any verbal directions or instructions that he might be given to perform additional or extra work. Likewise, the Department will not be liable for any work performed as additional or extra work, unless such work is required of the Contractor in writing as provided in the Specifications. All such work which might have been performed by the Contractor without such written order first being given shall be at the Contractor's risk, cost, and expense, and the Contractor hereby covenants and agrees that, without such written order, he shall make no claim for compensation for such unauthorized work. 9. It is further distinctly agreed that the Contractor shall not assign this contract, nor any part thereof, nor any right to any sums to be paid him hereunder, nor shall any part of the work to be done or material furnished under this contract be sublet, without the consent in writing of the Secretary of Transportation. September 30, 2009 16:26:21 PM Page 8 of 221 ECMS Highway Construction Contract 57764 10. It is also agreed and understood that the acceptance of the final payment by the Contractor shall be considered as a release in full of all claims against the Commonwealth of Pennsylvania arising out of, or by reason of, the work done and materials furnished under this contract. 11. The Contractor shall accept, insofar as the work covered by the contract is concerned, the provisions of the Workmens Compensation Act of 1915, and any supplements or amendments thereto, and shall insure his liability thereunder or file with the Department of Transportation a certificate of exemption from insurance from the Bureau of Workers' Compensation of the Department of Labor and Industry. 12. In order to secure proper and complete compliance with the terms and provisions of this contract, the Contractor shall provide a bond in a sum equal to one hundred percent (100%) of the total contract price of the work to be done. The Contractor shall also secure an additional bond in the same amount for the prompt payment in full for all labor and materials supplied in performing work on this project. Both bonds are attached to and made a part of this contract. 13. Conditioned upon compliance by the Contractor with all pertinent conditions and procedures contained in the contract, claims for damages or extra costs in excess of three hundred dollars ($300.00) arising out of disputes pertaining to this contract shall be referred to the Board of Claims pursuant to Section 1724(a) of the Commonwealth Procurement Code, 62 Pa. C.S. § 1724(a). 14. If for any reason the Commonwealth Procurement Code is inoperative or the Board of Claims cannot function, such claims shall be referred and decided by a panel consisting of the Secretary of Transportation and the General Counsel or their respective deputy or deputies. 15. The Contractor hereby further agrees to receive and the Commonwealth agrees to pay the prices set forth in the linked bid items as full compensation for furnishing all the materials and labor which may be required in the prosecution and completion of all work to be done under this contract, and in all respects to complete the contract to the satisfaction of the Secretary of Transportation. 16. The Contractor certified in his, her, its or their bid submission (covering federal aid projects only) to the disclosure of lobbying activities and, if applicable, completed the disclosure form and by said certification understands that Public Law 101-121, Section 319, prohibits federal funds from being expended by recipient or any lower tier sub -recipients of a federal contract, grant, loan or cooperative agreement to pay any person for influencing or attempting to influence a federal agency or Congress in connection with the awarding of any federal contract, the making of any federal grant or loan, or the entering into of any cooperative agreement. 17. If federal funds are involved, the Contractor shall not discriminate on the basis of race, color, national origin or sex in the performance of this contract. Contractor shall carry out applicable requirements of 49 C.F.R. Part 26 - DATED OCTOBER 16, 2001 in the award and administration of United States Department of Transportation assisted contracts. Failure by the Contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the Pennsylvania Department of Transportation deems appropriate. Contractor must include this assurance in each subcontract that it signs with a subcontractor. Fiscal Information: Recorded Number: Certified Fund Available Under Activity Program: 57764 362/324 September 30, 2009 16:26:21 PM Page 9 of 221 ECMS Highway Construction Contract 57764 Symbol: Amount: 010-008-26185/10916-08/09/10/11-2/1 $36,448,227.41 Contract Workflow Status Status Draft Contractor Review BOD CMD Review BOD Director Review Chief Counsel Preliminary Review Chief Counsel Final Review Comptroller Review CMD Execute Name Becki G Mescher-Vuxta/ PennDOT David D Maugle/PennDOT BP -000425 Christina M Troutman/ PennDOT David J Azzato/PennDOT Jeffrey M Spotts/PennDOT Michael H Kline/PennDOT Brenda A Zorbaugh/PennDOT Becki G Mescher-Vuxta/ PennDOT Disposition Award Sign Accept Sign Accept Accept Accept Submit Date/Time 09/17/2009 04:13:24 PM 09/18/2009 07:27:57 AM 09/28/2009 01:55:21 PM 09/28/2009 01:57:59 PM 09/29/2009 10:50:58 AM 09/29/2009 03:36:55 PM 09/30/2009 12:38:51 PM 09/30/2009 04:23:12 PM September 30, 2009 16:26:21 PM Page 10 of 221 ECMS Highway Construction Contract 57764 Addenda Description: This project consists of the rehabilitation of the George Wade Bridge and other miscellaneous construction, all as indicated on the approved drawings included in the Bid Package for STATE ROUTE 0081, SECTION 042, in CUMBERLAND & DAUPHIN COUNTIES, EAST PENNSBORO & SUSQUEHANNA TOWNSHIPS, and the CITY OF HARRISBURG, from Segment 0634/0635 Offset 1047/1295 to Segment 0670/0671 Offset 0427/0226, for an overall project length of 18,125.61 linear feet (3.433 miles). Estimated Project: Federal Project Status: DBE: Structure Work: Wage Rates: Project Type: State Type of Work: Prequalification Required: Pre -Bid Meeting: Scheduled Let: New Let: Let Date Move: Anticipated NTP: Required Completion: $35,454,728.72 Federal Oversight 6.00% 80.00% Yes Standard DECK REHABILITATION Yes Optional 09/03/2009 11:00:00 AM 10/19/2009 05/25/2012 Additional Information Item and Quantity Special Provision REVISE the special provision entitled "Pre -Bid Conference". Other REVISE the Federal Wage Rates. ADD the attachment entitled "Pennsylvania Farm Show Complex & Expo Center Map". September 30, 2009 16:26:21 PM Page 11 of 221 ECMS Highway Construction Contract 57764 Description: This project consists of the rehabilitation of the George Wade Bridge and other miscellaneous construction, all as indicated on the approved drawings included in the Bid Package for STATE ROUTE 0081, SECTION 042, in CUMBERLAND & DAUPHIN COUNTIES, EAST PENNSBORO & SUSQUEHANNA TOWNSHIPS, and the CITY OF HARRISBURG, from Segment 0634/0635 Offset 1047/1295 to Segment 0670/0671 Offset 0427/0226, for an overall project length of 18,125.61 linear feet (3.433 miles). Estimated Project: $35,454,728.72 Federal Project Status: Federal Oversight DBE: 6.00% Structure Work: 80.00% Wage Rates: Yes Project Type: Standard State Type of Work: DECK REHABILITATION Prequalification Required: Yes Pre -Bid Meeting: Optional Scheduled Let: 09/03/2009 11:00:00 AM New Let: Let Date Move: Anticipated NTP: 10/19/2009 Required Completion: 05/25/2012 Additional Information Item and Quantity Special Provision REVISE the special provision entitled "Railroad Coordination and Requirements". REVISE the special provision entitled "Transportation Management Plan Coordination". REVISE the special provision for Item 9100-0013. REVISE the special provision for Item 9605-0002. REVISE the special provision for Item 9708-2601. ADD the special provision entitled "Roadway Lighting Restrictions". ADD the special provision entitled "Pier 6 Pre -Construction Survey". ADD the special provision for Section 105.17. Other REVISE the attachment entitled "Pre -Bid Construction Schedule". REVISE the attachment entitled "Transportation Management Plan" as follows: REVISE Section 7C. Public Information Plan (PIP) by REPLACING the subsection for "Project Webpage" with the following: The PIP requires that the Contractor provide information about upcoming construction activities, including detour routes and ramp closures, to the Assistant Construction Engineer at least three weeks before the start of activities for a posting on the District's web site. September 30, 2009 16:26:21 PM Page 12 of 221 ECMS Highway Construction Contract 57764 ADD the following attachments: Containment Requirements — Table 1 Certificate of Non -Affiliation D -4279A Railroad Crossing Data for Contractor Prebid Meeting Minutes & List of Attendees REVISE the Structure Plan S-28640 as follows: REPLACE Sheets 158, 163, 167, 168, 170, 171, 172, 174, & 178 of 260. September 30, 2009 16:26:21 PM Page 13 of 221 ' ECMS Highway Construction Contract 57764 Description: This project consists of the rehabilitation of the George Wade Bridge and other miscellaneous construction, all as indicated on the approved drawings included in the Bid Package for STATE ROUTE 0081, SECTION 042, in CUMBERLAND & DAUPHIN COUNTIES, EAST PENNSBORO & SUSQUEHANNA TOWNSHIPS, and the CITY OF HARRISBURG, from Segment 0634/0635 Offset 1047/1295 to Segment 0670/0671 Offset 0427/0226, for an overall project length of 18,125.61 linear feet (3.433 miles). Estimated Project: $35,455,778.72 Federal Project Status: Federal Oversight DBE: 6.00% Structure Work: 80.00% Wage Rates: Yes Project Type: Standard State Type of Work: DECK REHABILITATION Prequalification Required: Yes Pre -Bid Meeting: Optional Scheduled Let: 09/03/2009 11:00:00 AM New Let: Let Date Move: Anticipated NTP: 10/19/2009 Required Completion: 05/25/2012 Additional Information Item and Quantity ADD Item 1001-0020. Special Provision ADD the special provision entitled "Changes to Specifications: Sections 491 and 492". REVISE the following special provisions: Grouting for Post Tensioning 9100-0013 9100-0098 (revised in its entirety) 9910-1206 DELETE the special provision entitled "Construction Procedures - Erosion and Sedimentation Control" (duplicated). Other REVISE the Structure Plan S-28640 as follows: REPLACE Sheets 171, 172, & 174 of 260. Revised plan sheets, other than those included herein, will be provided to the successful bidder at the Pre -Construction Meeting. September 30, 2009 16:26:21 PM Page 14 of 221 ECMS Highway Construction Contract 57764. Item Description 6209 000 ":d, UB11 0203-0001 CLASS 1 EXCAVATION 0 ©6 00.3 CLMY .exC YWTI'ON 0203-0004 CLASS 1B EXCAVATION 020 150 CL E -§W 0205-0100 FOREIGN BORROW EXCAVATION 0 000:3. -GE® ,EaX E �.SS� rTF''PE. B ,.4.114W ' b �.imi `G.� fm`� d. �ia2" 4.,.' i1r 0212-0014 GEOTEXTILE, CLASS 4, TYPE A Quantity 11.000 Unit Price 0,;000,.0 0. $18.00 Item Total • Addendum UM, ;00 $156,798.00 0309-0 5ER' A\1/E 11; PFII BB, 44, 2,5 SUPERPAVE ASPHALT MIXTURE DESIGN, HMA 0309-0434 BASE COURSE, PG 64-22, 0.3 TO < 3 MILLION ESALs, 25.0 MM MIX 10 " DEPTH 00000 96.000 4,081.000 44711 $40.00 $3,840.00 $1.00 $4,081.00 706.000 $2.75 $1,941.50 0_85@•@' kms, DEP 15,0 SUPERPAVE ASPHALT MIXTURE DESIGN, HMA 0409-0482 WEARING COURSE, PG 64-22, 0.3 TO < 3 MILLION ESALS, 9.5 MM MIX, 1 1/2" DEPTH, SRL-H RED ?SSG; RGE ESSMAM IVl > . S'R 0469-0022 ASPHALT JOINT AND CRACK SEALING FOR BITUMINOUS SURFACES 11,602.000 15,529.000 80.000 329.000 �00'0 68.000 K6.'QOt 3.000 0'°'9 s0© 2'D�P`r� tiffs 0516-2007 PATCHING JOINT CONC t�, 0 E n1 ;� GSI ,G TY .E 0516-2044 CONCRETE PAVEMENT PATCHING, TYPE B, 10" DEPTH $34.00 $394,468.00 $7.00 $108,703.00. $4.50 . $1,480.50. 0 $300.00 $900.00 ®e :Ili 0605-2060 TYPE M INLET 0[5 LI 0609 0006 INSPECTOR'S FIELD OFFICE AND INSPECTION FACILITIES, TYPE A p008'00 12'-1:54 FIELD LABORATORY :62 ..@ 0 0 1.000 44'239 5801130 $2,700.00 $2,700.00 00e NV- 000.000u©0:p,e b'0o 0.900:"00 1.000 $90,000.00 $90,000.00 11.410, 061;9.-06- 00 ERM P` PADM''P=NdJ NG DEVIL PEWIMN®AR )) ATST)L V TYPICAL AND ALTERNATE CONCRETE BRIDGE 0620-0010 BARRIER TRANSITION WITHOUT INLET PLACEMENT 5.000 $2,300.00 $11,500.00 0020-0 '02 TE ` I ` °f;SECT.1 BR;a`G, GR.NN;E;CT,C N 0620 0503 REMOVE EXISTING GUIDE RAIL (CONTRACTOR'S PROPERTY 00 238.000 $23 0°0 0 $4.50 $1,071.00 TYP:2S GUIDEIRAILNN 0620-1100 TYPE 2 SC GUIDE RAIL 062©001' + E R'A.Rf.t 0628-0001 RESET TEMPORARY CONCRETE BARRIER Tri: 5.000 63.000 370.000 92.000 0630 0001; PL-AING'E Y E 0651-0100 PAVED SHOULDERS, TYPE 1 545,10 2,00 $42.00 8 0 00 $2,646.00 $12.00 $4,440.00 50QDW, :3`°40.0000 $40.00 • 06.'og003,0 61 °;: I OU; `S.I9.aULD -® R BSE 'aTRJ1'S 0673-0001 PRECAST CEMENT CONCRETE BLOCK SLOPE WALL 24©.00 82.000 $210.00 55,1 $3,680.00 30; ECMS Highway Construction Contract 57764 0696 061 s: � '®RA I IPAGT „AM ENN TING SPE V, (fS1TANDA ,TESL LEVEL , a.,. RESET TEMPORARY IMPACT ATTENUATING 0697-0610 DEVICE, TYPE V STANDARD TEST LEVEL 3 070•,3 QO Q;} s�; 0 1:4OARSE e.GR .r 0703-0025 NO. 57 COARSE AGGREGATE e �.020©OO:TORSO 1 I "A Ds ASE 0804-0013 SEEDING AND SOIL SUPPLEMENTS - FORMULA D 0:80:00201 _ AJ.ktG ':NIO S®gS 0805-0022 MULCHING - STRAW Milson 0845-0001 UNFORESEEN WATER POLLUTION CONTROL s:o EATS. 12.000 $2,000.00 $24,000.00 404100 X155:00 $75.00 1.000 3308:000 290.000 ,400 9.000 $ .:00 $75.00 $12.00 $275.00 R0 C°,s VE PFENG 85'0"G�j.R,�"LS 20,000.000 B.- 0 $1.00 ZlifW $3,480.00 $96 e 0 $2,475.00 $20,000.00 . 0850-0032 ROCK, CLASS R-4 0901-0120 SPEED DISPLAY SIGN =' 7.000 $80.00 2.000 $8,000.00 030„i- OSP- 0 kT 0901-0180 TEMPORARY TRAFFIC SIGNALS DI 090 a 8#1 P®RA,Ra; ®vi2 rp AL 0901-0182 TEMPORARY TRAFFIC SIGNALS 0 $00®,0 $560.00 $16,000.00 000-00 1.000 00, 1.000 $10, 000.00 4 00 00 $10,000.00 TiV $10,000.00 $10,000.00 0°0s 0 89 0901-0184 TEMPORARY TRAFFIC SIGNALS 0901-0202 FLOODLIGHTS MAIN3 ; Re ,A 0901-0206 CHANGEABLE MESSAGE SIGN WITH TELECOMMUNICATIONS ,0240 0901-0250 TEMPORARY HIGHWAY LIGHTING :ARP AMMININOAD, ©�e v3 9�k~ ros�Ya�h� 00.ti 0 0®'!000®`'0_® $7,500.00. Y,Y7 �OFOflN 0'00aw': 1.000 4.000 $7,500.00 50 $2,500.00 $10,000.00 0.:''p ,'0.00.0 0.0. 6.000 $23,000.00 $138,000.00 500A00.. M'AgfAINNM CM, 0901-0320 4" STANDARD PAVEMENT MARKINGS, PAINT & BEADS, YELLOW SME I' A s{! -% e0 . ,:',60 1.000 $70,000.00 $70,000.00 . 4" STANDARD PAVEMENT MARKINGS, PAINT & 0901-0330 BEADS, WHITE 0901-0334 24" STANDARD PAVEMENT MARKINGS, PAINT & BEADS, WHITE T MPOR ®NPIe�®WABLE1RAS ®PA\�°/E` E' R (l©.Ng WAY Akti: 0901-0364 TEMPORARY NONPLOWABLE RAISED PAVEMENT MARKER, 'ONE WAY W/B 15, 562.000. 121,622.000 X5.;00 000; 65.000 $0.18 ne,:=0 =00r $2,801.16 $0.18 $21,891.96 $ 5.50 $357.50 5: B 0910-0005 JUNCTION BOXES J.B.-12 0 IATRiebi 1,502.000 12.000 4910-0161 HIGH MAST POLE FOUNDATION- DRILLED CAISSON TYPE MODIFIED 6 $9.00 $13,518.00 0 0 $1,700.00 2A 0.00 $20,400.00 ®0,k001 400000:` STEEL LIGHTING POLE WITH 20 -FOOT BRACKET 4910-0252 ARM (30 -FOOT MOUNTING HEIGHT) TYPE A MODIFIED 1.000 3.000 $2,500.00 $8,000.00 $7, 500.00 0910-0334 STEEL LIGHTING POLE WITH 30 -FOOT BRACKET ARM (40 -FOOT MOUNTING HEIGHT) TYPE A . 1.000 $3,500.00 $3,500.00 September 30, 2009 16:26:21 PM Page 16 of 221 ECMS Highway Construction Contract 57764 491'0 28 =20 WATTT M IGH�Pf ESSURE SOWIU ARM�®U,t.�Ti•(zM®®k:FiE®) 4910-2830 400 -WATT HIGH PRESSURE SODIUM LUMINAIRE, ARM MOUNT MODIFIED 118.000 $450.00 $53,100.00 00.. 9`©30 MVV -(.OD 200 -WATT HIGH PRESSURE SODIUM LUMINAIRE, 4910-3063 WALL MOUNT MODIFIED rSlt 0910-4114 AWG 4 UNDERGROUND CABLE, COPPER, 1 CONDUCTOR 28.000 $900.00 .41100.00.„ $25,200.00 14,020.000 $3.00 $42,060.00 0910-4116 AWG 8 UNDERGROUND CABLE, COPPER, 1 CONDUCTOR 125,550.000 $1.50 $188,325.00 0.5'0 •�5 0910-5059 3" DIRECT BURIAL CONDUIT 0910-5175 2" EXPOSED CONDUIT r • '-3 60000 5,390.000 '32,5.000 0910-5302 1-1/4" WATERTIGHT FLEXIBLE GALVANIZED STEEL CONDUIT 557.000 180.000 $4.00 $21.00 $13.00 141, $21,560.00 (11 3S1V3W,_ ,697.00 90.0 0 A10*4 $2,340.00 'C' B -`A 0910-6000 TRENCH -O DI) 43,060.000 2 oto t $13.00 $559,780:00 ar4r41§);VV'Wwfr_74A: 0910-7210 TESTING OF ENTIRE LIGHTING SYSTEM 00;000 MUMIAMEPWENq';m 0931-0001 POST MOUNTED SIGNS, TYPE B e-0 ;want 41 0934-0002 POST MOUNTED SIGNS, TYPE E yoo 1.000 211.000 135.000 PCO ?OS 4936-0001 STRUCTURE MOUNTED EXTRUDED ALUMINUM CHANNEL SIGNS MODIFIED $1,200.00 $1,200.00 elo SM, 63.000 $45.00 $90.00 $40 000.0 $9,495.00 50;p $12,150.00 $75.00 $4,725.00 OW 0960-0011 12" WHITE HOT THERMOPLASTIC PAVEMENT MARKINGS 288.000 $9.00 $2,592.00 0 96 0 -02''2= 0962-1000 4" WHITE WATERBORNE PAVEMENT MARKINGS 096= 0 0'5 a ' YEL FOS :igrag ©RN - PAVE: 0963-0001 PAVEMENT MARKING REMOVAL ,91,6;,.000 0964-0002 4" YELLOW EPDXY PAVEMENT MARKINGS 0A6/2„.0005 . o WgilfgE E' ®) 01' 0964-0007 6" BLACK EPDXY PAVEMENT MARKINGS 0964 0008 8.' W ITE , OOs'Y PA', ti /Eiy NT.MVJAEN) :GS 0966-0208 SNOWPLOWABLE RAISED PAVEMENT MARKER, REFLECTOR REPLACEMENT,.1 TWO WAY W/R � HI M N'C.rS Pv:S�ss `.; PA 2,772.000 ?Y.9t ©`00 93,581.000 '684°'.0� 40,741.000 18 0;:'o00 11,439.000 12;9 6:000 tet;". $0.18 $498.96 0 !8 $1.00 6 $93,581.00 REOWLIOWN��'B�� 's ` E®:�...tVIE N`T vTp 16 ,.E 1ETTEI A 5001-0000 CLASS AAA CEMENT CONCRETE MODIFIED 1s0Aa 0 �:01C5MAS6L_= E�:CONG:m ETI; 1.001-0010 CLASS A CEMENT CONCRETE 2 00%=0 eget A GrO Y ENT. 1002-0001 REINFORCEMENT BARS 38.000 $0.45 3 $18,333.45 J 3 AVM $0.55 $18.00 $1,900.00 $6,291.45 1? ;904.8;:20 $684.00 it:KO 90 0;00, ;00:2.<-0 0.53; ey"E:4 oAask " olLt4COf tED :1 1002 0111 MECHANICAL SPLICE SYSTEM FOR NO. 4 REINFORCEMENT BARS 26.000 $34.00 $884.00 September 30, 2009 16:26:21 PM Page 17 of 221 ECMS Highway Construction Contract 57764 •1002-0113 MECHANICAL SPLICE SYSTEM FOR NO: 6 . • REINFORCEMENT BARS ' 0Q0,00.2 y: ®QWE ()tat .'.:D -=P (; .o 1026-0015 NEOPRENE STRIP SEAL DAM, 00 I 5040-0002 CONCRETE BRIDGE DECK REPAIR, TYPE 2 MODIFIED 40.000 $44.00 3604:00 363.000 $320.00 6,672:000 $50.00 $1,760.00 $333,600.00 @ATI (s ) I " ED LATEX MODIFIED CONCRETE WEARING SURFACE, 5042-0001 1 1/4 DEPTH MODIFIED RU 1 BRIDGE SUPERSTRUCTURE 1,372.000 vo- 168° 847 9000-0003 WATER CONTAINMENT SYSTEM $75.00 1.000 $350,000.00 570.0.919 %LS Fs $5.00 1,555.000 $102,900.00 $350,000.00 $7,775.00 °0001/004T' Rol.®N`o • 0o 9000-0010 REMOVE EXISTING LIGHT POLE 46.000 $450.00 90M-00 9000-0568 TEMPORARY 18" PIPE 9000 50 0RWAN IER1 T 4HKG-, rtE: ,1t1IMIBM 9001-0001 ANTIGRAFFITI COATING, MODIFIED pr; 0 495.000 0'01;0-00 3,685.000 900 7.0040; 9018-0050 REMOVAL OF PORTION OF EXISTING BRIDGE In (4@kalf . $125.00 $2.50 $20,700.00 0;0.00;®0 $61,875.00 0 $9 212.50 90" 0.00. 1.000 $2,300,000.00 $2,300,000.00 0.-6 000,1x`` 9070-0150 PAINTING EXISTING STRUCTURAL STEEL USING ORGANIC ZINC COATING SYSTEMS AREA 1 1.000 $1,600,000.00 $1,600,000.00 9071-0150 ZONE MAINTENANCE PAINTING OF EXISTING STRUCTURAL STEEL 9075-0001 CONTAINMENT AREA 1 • ••91)Y'50'002 1.000 $1,300,000.00 $1,300,000.00 9075-0003 CONTAINMENT AT ZONE PAINTING 010© .000 $900,000.00 $900,000.00 1.000 $220,000.00 $2: 0 $220 000.00 9100-0005 PEENING, TYPE 1 9100-0009 CLEAN PIERS AND ABUTMENTS 0©=00'10 ;�® .CREiT 9100-0011 CLEAN AND FLUSH DRAINAGE SYSTEM REP',•A<S 800.000 94 m'UG_HAT Oz000 $375.00 $300,000.00 1.000 $800,000.00 $800,000.00 0 0`0'$84 go00"0 1.000 $140,000.00 $140,000.00 E 9100-0013 PIER CAP POST -TENSIONING 68.000 $70,000.00 $4,760,000.00 °1100-0_.� O'30C ^�5Um5l 1JC.t 4 9100-0091 SEISMIC RETROFIT OF ROCKER BEARINGS 00=00 ° 3F 9100-0094 FABRICATED STRUCTURAL STEEL, REPAIRS (AS DIRECTED 81,©:0<Oy095= QED: S°fA 3, T 9100-0096 • REPLACE ROCKER BEARINGS WITH MULTI - ROTATIONAL DISC BEARINGS 9100=009.miLs� 9100-0098 DRILL HOLES AT INTERSECTING WELDS .-03201,919. °_, ARE_ A�RrCRACIsDf;LO��RB AM 9100-0100 SIGN STRUCTURE REPAIR 0.0°REPg«E<:UAL 9100-0102 LOW FRICTION COATING AT SCUPPER. 185.000 100,000.000 8000 4.000 $1,000.00 a 0�0�0 $1.00 $11,000.00 $200.00 $140.00 5,992.000 340;00° 1.000 120 0.0 318.000 'r2 15.0:00 $185,000.00 $100,000.00 $44,000.00 �'$200�00 $838 880.00 r0 0.`0 $1,500.00 '34 :0.00;.© 0 $1,500.00 $160.00 $50,880.00 September 30,2009 16:26:21 PM Page 18of221 ECMS Highway Construction Contract 57764 R. STRIP'SEAL.GLAND:`REFLA:CEMEfST.(AS 9.100 01.04. 4(000,000.L DIRECTED) $ 1f.00, $',4.0;000}00 9100-0105 AUXILIARY SUPPORT BEARING STRENGTHENING, 19.000 $12,500.00 $237,500.00 TYPE 1 AUXI IARY{SUPPORT ARIt^TG,STRENGIVE1 f p 91'00: 010,6:- TYPE 21 . . 5;000 $13 ,000.00:' '$65;000.00; 9100-0107 AUXILIARY SUPPORT BEARING STRENGTHENING, TYPE 3 97'0.0 01o8!..L>O�sCE 9100-0109 MONITORING EQUIPMENT 2.000 12:0Q0' 1.000 $13,000.00 $26,000.00 ill OXIMMIO e06 00 $12,000.00 $12,000.00 9605-0003 96 V6T Z71 ,� , 9623-0001 TEMPORARY INLET k,I04 iiy`� 6.00 32" TO 50" BARRIER TRANSITION 3.000 4.000 ee $2,400.00 $7,200.00 00,,00' $700.00 '300.00- $2,800.00 00:00$2,800.00 9° 9627-0001 TEMPORARY CONCRETE GLARE SCREEN 1'Loo0 :11 00 0.0e 26,612.000 $27.00 $718,524.00 :-0 0'011 T_1/P•RA '•C•t,,C�.41Arg.4 ► '. 37 13. 9708-2601 GALVANIC CORROSION PROTECTION SYSTEM FOR PROTECTION OF PIER CAP 1,586.000 $45.00 $71,370.00 F. 708=2602 C 41 D:. „y v a o A., PRO;LECTION, i0P REINIzfJKKI-CONCRI=TE 9867-0024 COMPOST FILTER SOCK, 24" DIAMETER E.. S O 'V " CL R.e, .D p901`'0100O.Ll - TED`ATT<ENUQTOR. - 47,092000 $20,75 $977,159.0.0 271.000 $11.00 $2,981.00 -i! A 9910-0001 JUNCTION BOX 11.00.0 $27,000.0'0. 8.000 $800.00 9910-1206 HIGH MAST LIGHTING POLE (120 -FOOT HEIGHT) SPECIAL A00.111.11111:7=0. 110, 1.000 $55,000.00 $7,000.0:0' $6,400.00 $55,000.00 99 Q=53.09' . 3'rV17A fER- • FLI^ CIBL GALVATI.I ED SZER, CONQ,UIT 9910-7211 TESTING OF ENTIRE LIGHTING SYSTEM 68;000 $40100 $2,720.00 1.000 $1,500.00 '0`9Ff0'r7,212 `1 $1CINQ € F ENTIRE LIG:WING SS'S:TEIVL_ 1.000 a, 0o 0 9910-8000 MISCELLANEOUS LIGHTING WORK $1,500.00 25,000.000 $1.00 e','. 0 0 $25,000.00 �-OS;Y "OUNTEf0-.SIGNS, TYPE 13., CONCRETE 9.31�OO,Q1 BARRIER MOUNTED; 71'.000! $70:00 $4,970;0.0 Contract Total: $36,448,227.41 Bid Total: $36,448,227.41 September 30, 2009 16:26:21 PM Page 19 of 221 ECMS Highway Construction Contract 57764 Payment Bonds Surety Company: The Fidelity and Deposit Company of Maryland Bonding Agency: Murray Insurance Associates, Inc. Producer: Kimberly A Horning/PennDOT BP -002509 Co -Insurer: Yes Status: Bond Number: Bond Amount: NAIC: Accepted PRF8984911 $19,475,000.00 39306 KNOW ALL MEN BY THESE PRESENTS, That we, J. D. Eckman, Inc. of P.O. Box 160 , 141 Lower Valley Rd., Atglen, PA 19310 as PRINCIPAL,and The Fidelity and Deposit Company of Maryland a corporation,as SURETY, are held and firmly bound unto the Commonwealth of Pennsylvania in the full and just sum of $19,475,000.00, lawful moneyof the United States of America, to be paid to the said Commonwealth of Pennsylvania, or it assigns, to which payment well and truly tobe made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. Sealed with our respective seals and dated this 18 day of September A.D. 2009. Whereas, the above bounden PRINCIPAL has undertaken to contract with the said Commonwealth of Pennsylvania, by and through the Secretary of Transportation covering the workidentified below for approximately the sum of the bond amount defined above. This project consists of the rehabilitation of the George Wade Bridge and other miscellaneous construction, all as indicated on the approved drawings included in the Bid Package for STATE ROUTE 0081, SECTION 042, in CUMBERLAND & DAUPHIN COUNTIES, EAST PENNSBORO & SUSQUEHANNA TOWNSHIPS, and the CITY OF HARRISBURG, from Segment 0634/0635 Offset 1047/1295 to Segment 0670/0671 Offset 0427/0226, for an overall project length of 18,125.61 linear feet (3.433 miles). and WHEREAS, it was one of the conditions of the award of the Secretary of Transportation, acting for and on behalf ofthe Commonwealth of Pennsylvania, pursuant to which said contract was undertaken by the PRINCIPAL that these presentsshould be executed, to become binding upon the date the said contract is approved for the office of Budget, by the Comptroller. NOW, THEREFORE, The conditions of this obligation is such that if the above bounden PRINCIPAL shall and willpromptly or cause to be paid in full all sums of money which may be due by contractor or corporation, for all materials furnishedor labor supplied or performed in the prosecution of the work, whether or not the said material or labor entered into and becamecomponent parts of the work or improvement contemplated, and for rental of the equipment used and services rendered by public utilitiesin, or in connection with, the prosecution of such work, then this obligation to be void, otherwise to remain in full force andeffect. The PRINCIPAL and SURETY hereby, jointly and severally, agree with the obligee herein that any individual, firm,partnership, association or corporation, which has performed labor or furnished material in the prosecution of the work as provided,and any public utility which has rendered services in, or in connection with, the prosecution of such work, and which has not been paidin full therefor, may sue assumpsit on this Payment Bond in his, their, or its own name and may prosecute the same to final judgementfor such sum or sums as may be justly due to him, them, or it, and have execution thereon. Provided, however, that theCommonwealth shall not be liable for the payment of any costs or expenses of such suit. Recovery by any individual, firm, partnership, association or corporation hereunder shall be subject to theprovisions of the "Public Works Contractors' Bond Law of 1967", Act No. 385, approved December 20, 1967, P.L. 869, which Act shallbe incorporated herein and made a part hereof, as fully and completely as though its provisions were fully and at length herein recited. It is further provided that any alteration which may be made in the terms of the contract or in the work to be done or materialsto be furnished or labor to be supplied or performed under it or the giving by the Commonwealth of any extension of time for theperformance of the contract or any other forbearance on the part of either the Commonwealth or the Principal to the other shallnot in any way release the PRINCIPAL and the SURETY or SURETIES or either or any of them, their heirs, executors, administrators,successors or assigns, from their liability hereunder, notice to the SURETY or SURETIES of any such alteration, extension, orforbearance being hereby waived. IN WITNESS WHEREOF, the said PRINCIPAL and SURETY have duly executed this Bond under seal the day and year firstabove written. Attorney -in -Fact Certification September 30, 2009 16:26:21 PM Page 205 of 221 ECMS Highway Construction Contract 57764 *The by executing this Payment Bond certifies that he/she is Ucensed with the companynamedas surety for this bond and that to the best of his/ her knowledge the said surety im|imanoad with the Pennsylvania Insurance Department. Bond Workflow Status Status Draft Producer Review Contractor Review BOD CMD Review Name Dennis M Brubaker/ PennDOT BP -000425 Kimberly PennDOT BP -002509 Dennis M Brubaker/ PennDOT BP -000425 Christina M Troutman/ PennDOT Disposition Submit Sign Sign Accept Date/Time 09/18/2009 07:36:37 AM 09/18/2009 09:06:24 AM 09/18/2009 09:17:23 AM 09/18/2009 09:34:58 AM September 30, 2009 16:26:21 PM Page 206 of 221 ECMS Highway Construction Contract 57764 Surety Company: Zurich American Insurance Company Bonding Agency: Murray Insurance Associates, Inc. Producer: Kimberly A Horning/PennDOT BP -002509 Co -Insurer: Yes Status: Bond Number: Bond Amount: NAIC: Accepted PRF8984911 $16,973,227.41 16535 KNOW ALL MEN BY THESE PRESENTS, That we, J. D. Eckman, Inc. of P.O. Box 160 , 141 Lower Valley Rd., Atg/en, PA 19310 as PRINCIPAL,and Zurich American Insurance Company a corporation,as SURETY, are held and firmly bound unto the Commonwealth of Pennsylvania in the full and just sum of $16,973,227.41, lawful moneyof the United States of America, to be paid to the said Commonwealth of Pennsylvania, or it assigns, to which payment well and truly tobe made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. Sealed with our respective seals and dated this 18 day of September A.D. 2009. Whereas, the above bounden PRINCIPAL has undertaken to contract with the said Commonwealth of Pennsylvania, by and through the Secretary of Transportation covering the workidentified below for approximately the sum of the bond amount defined above. This project consists of the rehabilitation of the George Wade Bridge and other miscellaneous construction, all as indicated on the approved drawings included in the Bid Package for STATE ROUTE 0081, SECTION 042, in CUMBERLAND & DAUPHIN COUNTIES, EAST PENNSBORO & SUSQUEHANNA TOWNSHIPS, and the CITY OF HARRISBURG, from Segment 0634/0635 Offset 1047/1295 to Segment 0670/0671 Offset 0427/0226, for an overall project length of 18,125.61 linear feet (3.433 miles). and WHEREAS, it was one of the conditions of the award of the Secretary of Transportation, acting for and on behalf ofthe Commonwealth of Pennsylvania, pursuant to which said contract was undertaken by the PRINCIPAL that these presentsshould be executed, to become binding upon the date the said contract is approved for the office of Budget, by the Comptroller. NOW, THEREFORE, The conditions of this obligation is such that if the above bounden PRINCIPAL shall and willpromptly or cause to be paid in full all sums of money which may be due by contractor or corporation, for all materials furnishedor labor supplied or performed in the prosecution of the work, whether or not the said material or labor entered into and becamecomponent parts of the work or improvement contemplated, and for rental of the equipment used and services rendered by public utilitiesin, or in connection with, the prosecution of such work, then this obligation to be void, otherwise to remain in full force andeffect. The PRINCIPAL and SURETY hereby, jointly and severally, agree with the obligee herein that any individual, firm,partnership, association or corporation, which has performed labor or furnished material in the prosecution of the work as provided,and any public utility which has rendered services in, or in connection with, the prosecution of such work, and which has not been paidin full therefor, may sue assumpsit on this Payment Bond in his, their, or its own name and may prosecute the same to final judgementfor such sum or sums as may be justly due to him, them, or it, and have execution thereon. Provided, however, that theCommonwealth shall not be liable for the payment of any costs or expenses of such suit. Recovery by any individual, firm, partnership, association or corporation hereunder shall be subject to theprovisions of the "Public Works Contractors' Bond Law of 1967", Act No. 385, approved December 20, 1967, P.L. 869, which Act shalibe incorporated herein and made a part hereof, as fully and completely as though its provisions were fully and at length herein recited. It is further provided that any alteration which may be made in the terms of the contract or in the work to be done or materialsto be furnished or labor to be supplied or performed under it or the giving by the Commonwealth of any extension of time for theperformance of the contract or any other forbearance on the part of either the Commonwealth or the Principal to the other shallnot in any way release the PRINCIPAL and the SURETY or SURETIES or either or any of them, their heirs, executors, administrators,successors or assigns, from their liability hereunder, notice to the SURETY or SURETIES of any such alteration, extension, orforbearance being hereby waived. IN WITNESS WHEREOF, the said PRINCIPAL and SURETY have duly executed this Bond under seal the day and year firstabove written. Attorney -in -Fact Certification *The undersigned attorney-in-fact by executing this Payment Bond certifies that he/she is licensed with the company namedas surety for this bond and that to the best of his/ her knowledge the said surety islicensed with the Pennsylvania Insurance Department. September 30, 2009 16:26:21 PM Page 207 of 221 ECMS Highway Construction Contract 57764 Bond Workflow Status Status Name Dennis M Brubaker/ PennDOT BP -000425 Kimberly A Horning/ PennDOT BP -002509 Dennis M Brubaker/ PennDOT BP -000425 Christina M Troutman/ PennDOT Draft Producer Review Contractor Review BOD CMD Review Disposition Date/Time Submit 09/18/2009 09:09:37 AM Sign 09/18/2009 09:14:53 AM Sign 09/18/2009 09:18:10 AM Accept 09/18/2009 09:35:02 AM September 30, 2009 16:26:21 PM Page 208 of 221 ECMS Highway Construction Contract 57764 Insurance P.O. Box 1728 Lancaster, PA 17608 Company: Zurich American Insurance Group Policy: GLO489556103 Expiration: 04/01/2010 September 30, 2009 16:26:21 PM Page 209 of 221 EXHIBIT B Froin: home site map help 0212E"`113 12'58 #274 P.004/005 PAYMENT BOND Project: 57164 Standard / Federal Oversight Short Description: 1-81 Wade Bridge Ret -,ab. County: Dauphin District: 08 Detail Bond: Surety Company: Bonding Agency: Producer: Kimberly A Horning/PennDOT BP -002509 Co -Insurer: Yes Construction Org Code: 0850 SR: 81 Section: 042 Group ID: Municipality_ SUSQUEHANNA T PRF8984911 The Fidelity and Deposit Company of Maryland Murray Insurance Associates. Inc. Status: Accepted BP ID: 002373 BP ID: 002509 Bond Amt: $19,475,000.00 NAIC: 39306 KNOW ALL MEN BY THESE PRESENTS. that we, J. D. Eckman, inc. of P.O. Box 160 , 141 Lower Valley Pd., Atglen, PAJ 19310 as PRINCIPAL, and The Fidelity and Deposit Company of Maryland a corporation, as SURETY, are held and firmly bound unto the; Commonwealth of Pennsylvania in the full and Just sum of $19,475,000.00, lawful money of the United Slates of America. to be paid to; t the said Commonwealth of Pennsylvania, or it assigns, to which payment well and truly to be made, we bind ourselves, our heirs.; executors, administrators. and successors, jointly and severally, firmly by these presents. Sealed with our respective seals and dated this 18 day of September A.D. 2009. Whereas, the above bounden PRINCIPAL has undertaken to contract with the said Commonwealth of Pennsylvania, by and' through the Secretary of Transportation covering the work itfentlfied below for approximately the sum of the bond amount defined above, i This project consists of the rehabilitation of the George Wade Bridge and other miscellaneous construction, all as indicated on the approved drawings included in the Bid Package for STATE ROUTE 0081, SECTION 042, in CUMBERLAND & + DAUPHIN COUNTIES. EAST PENNSBORO & SUSQUEHANNA TOWNSHIPS, and the CITY OF HARRISBURG. from I Segment 063410635 Offset 1047/1295 to Segment 067010671 Offset 0427/0226, for an overall project length of 18,125.61; linear feet (3.433 miles). land WHEREAS, ll was one of the conditions of the award of the Secretary of Transportation, acting for and on behalf of the; i Commonwealth of Pennsylvania. pursuant to which said contract was undertaken by the PRINCIPAL that these presents should be, executed. to become binding upon the date the said contract is approved for the office of Budget, by the Comptroller. NOW. THEREFORE. The conditions of this obligation is such that if the above bounden PRINCIPAL shall and will promptly or) cause to be paid in ruff aft sums of money which may be due by contractor or corporation, for all materials furnished or labor supplied ori i performed in the prosecution of the work, whether or not the said material or tabor entered into and became component parts of the work orf i improvement contemplated, and for rental of the equipment used and services rendered by public utilities in. or in connection with. the prosecution of such work, then this obligation to be void, otherwise to remain in full force and effect The PRINCIPAL and SURETY hereby, jointly and severally, agree with the obligee herein that any individual, fire?. parinershipj i association or corporation, which has performed labor or furnished material in the prosecution of the work as provided, and any public utility' which has rendered. services in. or in connection with, the prosecution of such work, and which has not been paid in full therefor. may sue i assumpsit on this Payment Bond in his, their, or its own name and may prosecute the same to final judgement for such sum or sums as1 may be justly due to him thein. or it. and have execution thereon. Provided, however, that the Commonwealth shall not be fiahle for Mei payment of any costs or expenses of such suit. Recovery by any individual. firm, partnership, association or corporation hereunder shall be subject to the provisions of the "Public I Works Contractors' Bond Law of 1967". Act No. 385, approved December 20, 1967. P.L. 869, which Act shall be incorporated herein and; Imade a part hereof, as fully and completely as though its provisions were fully and at length herein recited. ft is further provided that any alteration which may be made in the terms of the contract Or in the work lo be done or materials to be furnished or labor to he supplied or performed under ft or the giving by the Commonwealth of any extension of time for the performance ot, the contract or any other forbearance on the part of either the Commonwealth or the Principal to the other shall not in any way release the i PRINCIPAL and the SURETY or SURETIES or either or any of them, their heirs, executors. administrators. successors or assigns. from( _F torn: writfe tie* !•:riblity _ tl it i-Ariy sucil 02/25'''013 12:59 #274 P.005/005 i:b %'%r `ES. s -aid P?iCIP Ji_ and SURETY have duly executed Vii5 �G ; t-:^ t3y and year ft riove Attorney•in-Fact Certification •TInd ;moBrs;aned a tornev•,n-fact by ex.ecuung this Payrnertt tt.:nd certifies that heish6 is. licensed •inti, ?!se company named as s,rj:y for this -bone and that to the best of i s/;,e, knowledee the said surety is licensed with the Pennsylvania insurance Deoarunem. WrorkfloVJ Disposition D ateIT i Draft Dennis M Brubaker/Penn0OT BP-000425Suhmit 0911812009 .07:36.:13'/AM Producer Review Kinlberl A Hornin./PennDOT BP -002509 Sisn 09/18/2009 09:06:24 AM Contractor Review Dennis M Brubaker/Penn00T BP -000425 - Assistant Secreta Sign 00/16/2005 0917 23 AM BOD CMD Review Christina M Troutman/PennDOT Acceit 09/18/2009 09:4:58 AM Audit information Created By Created On Modified By Modified On Bcros System/PennDOT 4 09/3012009 04:2311 PM Ecros S stem/PennOOT 09/30/2009 04:2311 PM Release: 14 0 Session size 236 6k You are currently togged in as Dennis M. Brubaker. PennDOT 1 1..{0ixte I Sttq.Map I HRtR I Pennsylvania Mon Aug 23 09:43:13 EDT 2010 Copyright.0 2009 Pennsytvanta bepartme t of Tfamtposiation. Aif Rights Reserved. Official ELMS Date/lime PLite. QLPthaay_eollo.. EXHIBIT C ,From: 02!25'0113 12:57 #274 P.0021005 PAYMENT BOND Project: 57764 Standard 1 Federal Oversight Short Description: 1-81 Wade. Bridge Reharb. County: Dauphin District; 08 SR: 81 Group ID: rVENN`S M. BR grof F.% Construction Org Code: 0850 Section: 042 Municipality: SUSQUEHANNA T Detail 8ortd: PRF8984El11 Surety Zurich American Insurance Company Company: Bonding Murray insurance Associates, Inc Agency: Producer: Kimberly A Horning/PennDOT BP -002509 Co -Insurer: Yes Status: Accepted BP ID: 002640 BP ID: 002509 Bond Amt: 516,973 227.41 NAIC: 16535 KNOW ALL MEN BY THESE PRESENTS, Thet we, J. D, Eckman, Inc. of P.O. Box 160 , 141 Lower Valley Rd., Atglen, PAI 19310 as PRINCIPAL, and Zurich American Insurance Company a corporation. as SURETY, are held and firmly bound unto the! Commonwealth of Pennsylvania in the full and just sum of $16,873,227.41, lawful money of the United States of America, to be paid toi Me said Commonwealth of Pennsylvania, or it assigns, to which payment wet and truly ,to be made, we bind ourselves. our heirs.I executors, administrators, and successors, jointly and severalty, firmly by these presents. Sealed with our respective seals and dated this 18 day of September A.D. 2009. Whereas, the above bounden PRINCIPAL has undertaken to contract with the said Commonwealth of Pennsylvania. by and; through the Secretary of Transportation covering the work identified below for approximately the sum of the bond amount defined above. I This project consists of the rehabilitation of the George Wade Bridge and other miscellaneous construction, all as indicated' on the approved drawings included in the Bid Package for STATE ROUTE 0081, SECTION 042, in CUMBERLAND & DAUPHIN COUNTIES, EAST PENNSBORO & SUSQUEHANNA TOWNSHIPS, and the CITY OF HARRISBURG, from Segment 0634/0635 Offset 1047/1295 to Segment 0670/0671 Offset 0427/0226, for art overall project length of 18.125.611 linear feet (3.433 miles). and WHEREAS, if was one of the conditions of Ine award of the Secretary of Transportation. acting for and on behalf of the; Commonwealth of Pennsylvania, pursuant lo which said contract was undertaken by the PRINCIPAL that these presents should bei executed, to become binding upon the date the said contract is approved for the office of Budget, by the Comptroller. NOW, THEREFORE. The conditions of this obligation is such that if the above bounden PRINCIPAL shall and will promptly or '. cause to be prod in full all sums of money which maybe due by contractor or corporation, for all materials furnished or labor supplied or i performed in the prosecution of the work, whether or not the said material or labor entered into and became component parts of the work or( improvement contemplated, and for rental of the equipment used and services rendered by public utilities in, or in connection with, 1001 prosecution of such work. then this obligation to be void, otherwise to remain in full force and effect. The PRINCIPAL arid SURETY hereby, jointly and severally, agree with the obligee herein that any individual. firm, partnersftrp,` association or corporation, which has performed labor or furnished material in the prosecution of the work as provided, and any public utility` I which has rendered services in, or in connection with, the prosecution of such work, and which has not been paid in full therefor, m»y suet asst,rnpsit on thrS Payment Bond in his, their, or its own name and may prosecute the same to final judgement for such sum or sums asi may be justly due to him, them. or it, and have execution thereon. Provided, however, that the Commonwealth shad not he liable for the; payment of any costs or expenses of such suit. Recovery by any individual. firm. partnership. association or corporation hereunder shall be subject to the provisions of the "Public] Works Contractors' Bond Law of 1967", Act No. 385. approved December 20. 1967. P.Z. 869, which Act shall be incorporated herein and; made a pad hereof, as fully and completely as though its provisions were fully and al length herein recited. it is further provided that any alteration which may be made in the terms of the contract or in the work 10 be done or materials to be i furnished or labor to be supplied or performed under it or the giving by the Commonwealth of any extension of lime for the performance of the contract or any other forbearance on the part of either the Commonwealth or the Principal to the other shall not in any way release the( PRINCIPAL and the SURETY or SURETIES or either or any of them, their heirs, executors, administrators, successors or assigns, from] From: 02/2519013 12:58 #274 P.0031005 IN WITNi'SS t.,A/i.E.P.FiCtt: the said PRINCIPAL and SURETY have ciuiv execute 1r:is Bnd S3thie day and year abovc Attorney -in -Fact Certification 'The tindesired ailorneyvn-fact by executing this Payment Bond certifies that nefshe is licensed with the company named as setety /or this . bond and that tne ties; ef hislher knowledae the Said surety is licensed with the Pennsylvania Insurance Deaariment. • Workflow Status Draft Producer Review Name Dennis M Brubaker/PennDOT BP -000425 --,--.-------. Disposition Daterrime Submit 09118/2009 09:09.37 AM Contractor Review Kimberl A Hornin /PennDOT BP -002509 Dennis M Brubaker/PennDOT BP -000425 Assistant Secretar Christina M Troutman/PennDOT Si n 09/18/2009 09: /4:53 AM Sign Acce 09/18/2009 09:18:10 AM 09/1812009 09:35:02 AM Audit information Created By ... • Created On Modified By Modified On rrs Systern/PennDOT 109130/2009 04:23:11 PM lEcms System/PennDOT 109/k/2009 04:23:11 P14 Release 14.0 Session size. 236 6k You are currently logged In as Dennis M. Brubaker PonnDQT 1 Hfune 1SIMI/lap I tiafp g9g1eyjy_eni0 Mon Aug 23 09:44:09 EDT 2010 Copyright 0 2009 Pennsylvania Department of Transportation. All Rights Reserved. Official ECMS Datefrime aittLn_DOT EdYnY. PAM EXHIBIT D RENTAL 5ERVICC P.G BOX 95 SkWf-_DESBOR0 NJ OFFICE 8;aC-241.1118 FAX 856-2.441-1199 Pant 14.eri i3nt tY2I LessEE --- 333 Morunntn Aoad avow -burr, PA 15317 orncEN tf44745.1900 YOUR P.O.# ,ma JOB SITE -----. rt&1&RPM 5t y:arrtsburic. PA TERMS NET 30 DAYS DELIVERY p 4 FROM DELIVERY 8/ DELNERY DIRECTION$ CoQ Andy before you (tit them b©Cf i direct you Fat 1 cr, TAC. (7741 35(l.7 NSB MODEL 4P "s5 Toga uNTa UB135-1 DATE. 2 , 1DELIVERY .�_ NEW TERMINATION catneMENT COttotTION AT CUSTOMER LOCATION; PICK UP DRIVER' DAYS: GOOD POOR (1) PAINT __ PAINT BASKET/PLATFORM BASKET/PLATFORM RAILS RAILS SWITCHES SW/TOMES CONTROL BOX(ES) CONTROL 00X(ES) TIRES TIRES SAFETY DECALS --_ SAFETY DECALS OPERATORS MANUAL _J YES .,,ANO (I) DESCRIBE ALL POOR ITEMS EEELon. NEW G000 POOR (t; • (1) DESCRIBE AL R ITEMS BELOW:1110 Cus.onldt Inr!iots • to lee avenl thht .,an al fease e8 (ztendpi by mutual rnnannt of parties !::1rrti+ cottti-itinns :md In,ms sn^!k :r rt:ilve apf+15- • 1 ho: ppteue of iaa,ai rYsl Snot} LKy trsbd no greater Sion 5 hyouro Kt dxt`l: b days per vieek- 20 tint's per mond, • Ro.^:;.t fen -nutmeg tvaer LeSLOr nOtMeM by teetee en1 r, (room termina(00 nu/00w s 1t:onnn • d;turt to notify t.e A3o' constitutor, additwnal lmu Anti ethrteentit rePtaf 1:lf ir'ges, C,ed will oat ao itturid fcr ilcfntithus doe N inert nen! r0 ., s • (;,000' tt 1) ma..ye .:giver taargp .x avtoiraac,•.Ly t:d::f.-di h; vaso .,tvalea w stens inierstath. Aeneiti, L G. = ore+..tdr.-s We n A v,!d Cr>rk:ae-.-••'s Eouton:en! Ftga:nr. • Un,0'r&!°,ttifing toe' prniivr, 00 w0' fuel tante 4$ed alto the nail of loot :g inwo,d,O0 n:Xo'dtrigly -J DIESEL ;,•j GAS JPROPANE —._ NQS' _j FLECrfIC • OSHA/ANSI rrQt)frea that frill protection shall Dai worn who operating as aerial wort' platform. LeresM: acknowledges this u.,ms•,it ont. assumes solo ratponsihllity fat provtdlnp the Sams to the operation personnel. • Cranes aaknowtedges that Loseot-heeiprvvided the tastes adequate operating Instructions, itsctudinp but not timitcd tO. review al the menUfactuteYs °par'ating Manual ddtiverod.wtthiths Pouf patent and InStructiOne as to now to * rform a daffy pre -octet attoitat ins ect,oa to assure Itw tete operation at the urh. Leasha'gsaitines the responsibility to bdequatety tfSuuet subsequent Operators end wilt pormrt (iota oompater:t and qualified personnel so operate the agatpmont. • k nate° nrl.n ,wlt>4Qeze•+k;t 4 r�.y �,o '.evt:: ct K:pso lhtl tr,�w: V,a... ryu direct mttrtrt Over the e-diour0nrt prof -or a;.y,ir ytvn •;;:r.: �!nm n• 0oois 1r4tr",C6.o troo0 Satoty pract5:es Lestee aria his th:.e0' 1 'CC operaeoo o>riddits t ee:�!OC+t!;y'e, the Pratte' ttk 0'eito0;,r .iyrortc to ddtenn ir:dnenniiy nod fulfil harmle5t the i etsot tut „gents. sea -atilt ornpkyees hoot :+=.y !nit t, ::Sir[:+•; Ly. n'istnq 1rh,i: conneCLT>n with the (`sorsa,, or improper ar.,ticat(cn, Clet,n';;n ytnl/rYr 1355 01 the tentt • l CSSC•e ,s rR sr,or,s'btz for e^gteo Ni ono qil tee i}0nia36.4 anti for otatniattiro(: 53113.0rj wince -,•••111 r,,rt p,t:pt:t ': - Additional thergt,A 3141 resoft horn (,,t¢te6'0 InainlRna305,'niprope, use Or 5055 ive Lleinup. • An Cel„rtr,:,rs rite <u r.1 x• ae !errs n,:;-cnnsigav,,is 40 eifi ivreitt true By 611(60010'. Le'60, tab,rs0t0:: 1.._ L, :;e Ai:, tarn :Stern Attn:? DEFINITIONS. Interstate Aerials, L.L.C. Identifies the customer shown on the front page of this agreement as the entity to whom the equipment has been rented 'Equipment' means any one or more of the items Identified as such on the first page of this agreement, end shall Indica any accessories, anachmenls or ether similar deme delivered to Customer, such as, but not limited to, air hoses, elec(fib cords, blades, welding cables, liquid fuel tanks, nozzles, and other similar items. "Customer- means the person or entity Identified as such on the first page of this agr0e nent, including any representative, agent, officer or employee -thereof. "Store tampon" means the Interstate Aerials, LLC. address on the firs -triage of the rental agreement AUTHORITY TO SIGN. Any individual signing this contract represents and warrants that he or she Is of legal age, and has the authority and power to sign this rental agreement as or for the Customer. DISCLAIMER OF WARRANTIES. INTERSTATE AERIALS, LL.0 MAKESNO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE MERCHANTABILITY OF THE EQUIPMENT OR 1T5 FITNESS FOR ANY PARTICULAR PURPOSE. THERE IS NO WARRANYTHAT THE EQUIPMENT 15 SUITED FOR CUSTOMERS INTENDED USE, OR THAT IT 15 FREE FROM DEFECTS. EXCEPT A5 MAY BE SDECIFr. CALLY SET FORTH IN THIS RENTAL AGREEMENT, INTERSTATE AERIALS, LLC. DISCLAIMS* Alt OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, MADE IN CONNECTION WITH THIS RENTAL TRANSACTION, INDEMNITY/HOLD HARMLESS/DAMAGES. Customer acknowledges and assumes ail risks inherent in the upeiafinnacid use of the Equipment by Customer and wit take all necessary precaution to prote"ctaf person, and propertyfrom injury or damage while in possession of the Equipment. Inrerstate Aerials, LIC. shag not be responsible to Customer or to any other party for any loss, damage:or Injury Underling any loss of profits, business Interruption or other special or consequential damages) caused by, resulting fram, pr,(n,arte Way connected with the Equipment, Rs operation or use, or any defect with respect thereto 'Customer agrees to defend, Indemnify and hold Interstate Aerials, LL C. harmless from and against any and all liability, claims and damages of any kind (Including attomey's fees) for Injuries of death to persons and damage to property arising out of the use, maintenance, Instruction, operation, possession, ownership or rental of the Equipment, however caused. RECEIPT & INSPECTION OF EQUIPMENT. Customer acknowledges that Customer has inspected the Equipment prior to taking possession thereof, finds it In good working order and repair, and suitable for Customer's needs. Customer is familiar with the proper operation and use of each item of Equipment. Customer has Inspected 05 will Inspect all hitches, bolts, safety chains, hairline tongues and other devices and materials used to connect the Equipment -to Customer's towing vehide, if any; Interstate Aerials, L.LC Is not responsible for any damage to Customer's towing vehicles caused by detachable hitches or mirrors. USE OF EQUIPMENT. Customer will not use or allow onyooe to use the Equipment:la) for ars illegal purpose or In an (legal manner, (b) Without a license, if required under any applicable law, or (c) who Is not qualified to operate ft. Customer astern, at Customer's sole expense, to comply with all applicable municipal, state, andfederallaws, ordinances and regulations (Including 0.S.H.A) which may apply to the use of the Equipment. Customer agrees to check filters, oil, fink( levels, tire air pressure, clean and visually Inspect the Equipment daily and to immediately notify Interstate Aerials, LLC. when Equipment needs repair or maintenance. Customer acknowledges that Interstate Aerials, LLC. has no responsibility to Inspect the Equipment wldie It Is in Customer's possession. MALFUNCTIONING EQUIMF.NT. Should the Equipment became unsafe, malfunction or require repair. Customer shall Immediately cease using such Equipment and Immediately notify Interstate Aerials, LLC. If such condition Is the result of normal operation, Interstate Aerials, LLC. will repair or replace the equipment with similar Equipment In working order if such replacement Equipment Is available. interstote Aerials, L.L.C. has no obligation replace Fgtdpmen! rendered inoperable by misuse, abuse or neglect. Customer's sole remedy for any failure or defect In Equipment shall be the termination of any rental charges accruing after the tlrne of failure. The Equipment must be returned to the Store Location within twenty-four hours frau the time of defect in order to terminate rental charges. RETURN OF EQUIPMENT, DAMAGED & LOST EQUIPMENT. At the expiration of the term Customer will return the Egwpment to the Store Location during Interstate Aerials, LLC. regular business hours, such Equipment to be In the condition and repair as when delivered to Customer, subject to reasonable wear and tear, as defined below. Customer shall be liable for all damages to or loss of the Equipment, Including any damage during transit to or from Customer. In the case of the loss or destruction of any Equipment, or Inability or failure to return same to interstate Aerials, L.L.C. for any reason whatsoever, Customer will pay Interstate Aerials, L.L.C. the then full replacement ilst value together with the full rental rate as specified until such Equipment is replaced. If Interstate Aerials, LLC. has agreed to deliver the Equipment to Customer or to plck up the Equipment from Customer, Customer shall pay Interstate Aerials, LLC the reasonable cost of repair and pay rental on the Equipment at the regular rental rate until all repairs have been completed. Interstate Aerials, LLC. shall be under no obligation to cornmence repair work until Customer has paid to interstate Aerials, L.LC. the estimated cost therefore. REASONABLE WEAR AND TEAR. Reasenabie wear and tear of the Equipment shag mean only the normal deterioration of the Equipment caused by ordinary and reasonable use on a one shift (eight hours per day, 40 hours per week) basis. The following shall not be deemed reasonable wear and tear; (a) damage reselling from lack of Iubricatloa or maintenance of necessary on, water and alr pressure levels; (b) except where lidorstate Aerials, L.L..0 expressly assumes the obligation to service or maintain the Equipment, any damage resulting from lack of service or preventative maintenance suggested In the manufacturer's operation and mainte- nance manual; (d damage resulting from any collision, overturning, or improper operation, Including overloading nr exceeding the rated capacity of the Equipment (d) damage In the nature of dents, bending, tea ring, staining and misalignment to or of the Equipment or any part thereof; (e) wear resulting from use in excess of shifts for which rented; and (5) any other damage to the Equipment which is not considered ordinary and reasonable In the equipment rental Industry. Repairs to the Equipment shag be made 10 the reasonable satisfaction of Interstate Aerials, L.L.C. and in a manner, winch wig not adversely affect the Operation, manufacturer's design or value of the Equipment. LATE RETURNS. if not timely returned, In addition to the rental rates set forth In the agreement, Customer agrees to pay an additional charge of 1/6 of the daily rata for each hour the Equipment is retained beyond the expiration of the rental period. Customer agrees t0 pay kir any damage to or loss of the Equipment occurring between the time the Equlpmentls returned end the commencement of Interstate Aerials, LL.0 next business day in the event the Equipment is returned to the Store Location at other than Interstate Aerials, L.LC. regular business hours. RENTAL PERIOD & CALCULATION OF CHARGES. Rental charges commence when tho Equipment leaves the Store location and and when the Equipment is returned thereto. Rental charges accrue during Saturdays, Sundays, and holidays. Rental rates are for normal usage based on an eight hour day, 40 hours per week and 150 hours per month. On power equipment, operatnn in excess of one shift (night hours per day) will be at Interstate Aerials, L.LC. standard premium rams..Customer will truthfully and accurately certify to Interstate Aerials, LLC. the number of shifts the equipment was operated. Customer's right to possess the Equipment terminates on the expimtien of the rental period set forth on page one of the agreement and retention of possession after this time Is a material breach of this agreement. TIME IS OF THE ESSENCE of this ap,reement DEPOSIT. In addition to securing the payment of rental charges hereunder, Customer agrees that any rental deposit shall be deemed to be a guaranty by Customer of the full and complete performance of each and all of the terms, coveaante, ami agreements to be performed by Gsastonier hereunder, and In the event of any breach by customer thereof said deposit shall he credited against any damages, costs or expense Incurred by Interstate Aerials, T.L.C. as a result of such breach. PAYMENT. (.11 rentals shall be payable in full upon retro of the Equipment to interstate Aerials, LL.C. or prior to 30 days following Interstate Aerials, LLC. Invoice to Customer, whit Lever comes first. Customer acknowledges that timely payrnent of rental charges Is essential to Interstate Aerials, L.L.C. business operations and It would be Impractical and extremely difiicuh to fix the actual damages caused by late payment. Customer and Interstate Aerials, L.L.C. agree that there shall be added to all past due rental charges a late payment fee equal to the lesser of 2% per month (24% per annum), or the maximum amount allowed by applicable law. FAILURE TO DELIVER. Customer releases and discharges Interstate Aerials, LL.0 from any and all liability or damages (including consequential and special damages) which might be caused by Interstate Aerials, LEG. failure or Inability to deliver any Equipment by any specified date or time. TITLE/NO PURCHASE OPTION/NO LIENS. This agreement is not a contract of sale, and title to the Equipment shall at all times remain ;with interstate Aerials, LLC. Unless covered by a specific supplemental agreement sieved by,Intersluto Aerials, L.LC. the Customer has no option or right to purchase the EqurrpireiR: Castonier shall keep the Equipment free and clear of all mechanics and other tens and encumbrances. TIRE/TUBE REPAIR OR REPLACEMENT. Repair -Stir replacement of Htes,pnt tubes is the responsibility of the Customer, and Is notincluded In the rental rate. DEFAUCC Should Customer in any'Way fal:to rlerform, observe ar keep any provision of this rental agreement, Interstate Aerials, L.L.C. may at its option do any one or more of the following (a) terminate this agreement; (b) declare the entire rent Irnmediately due and payable and commence legal action therefore; (c) retake possession of the Equipment hold the Customer liable for oil rental and other charges; or (d) pursue any other remedies available by law. REPOSSESSION OF EQUIPMENT. In the event of any actual or anticipatory breach by Customer, Interstate Aerials, T.L.C. amployceS or agents may, without notice or legal process, go upon Customer's property and take all action reasonable, necessary to repossesedlie,EquipnlenL Gustomtr aialves all [Mimi for damages add iosses, physical or 5 pecuniary, caused thereby, and shall pay all costs and expenses Incurred by Interstate Aerials, L.L.C. In retaking the Equipment. CUSTOMER'S INSURANCE COVERAGE. Customer agrees to maintain and carry, at Its sale cost, adequate liability, physical damage, public liability, property damage and casually insurance for the full replacement cost of the Equipment, Including all risks of loss or damage covered by the standard extended coverage endorsement to cover any damage Or liability arising (mm the handling, transportation, maintenance, operation or use of the Equipment during the entire rental period. When requested, Customer shall supply to Interstate Aerials, L.L.C. proof of such Insurance by Certificate of Insurance clearly setting forth the coverage for the Equipment and naming Interstate Aerials, L.L.C. as loss payee 'and additional Insured; such Insurance and evidence thereof to be in amounts and form satisfactory to Interstate Aerials, LLC. shall receive not less then thirty (30) days notice prior to any cancellation of the Insurance required hereunder. ACCIDENTAL DAMAGE WAIVER PROVISIONS. Accidental hirnaga waiver is not Insurance. In the event Customer has elected to accept and pay fur the Accidental Damage Miniver on the first page of this agreement, Interstate Aerials, L.L.C. agrees that notwithstanding the terms and conditions set forth in this agreement to the contrary, Customer shall not be responsible fur direct physical damage to the Equipment If h is used for its specific purpose, and not misused In any fashion. Notwlthnanding this foregoing, Interstate Aerials, LL.C. will not waive a claim for loss of damage; (a) to Equipment as a result of overloading or exceeding Its rated capacity; (b) to motors, generators, drills or other electrical appliances or devices caused by portable electric, current, whether or not said portable current Is supplied by Interstate Aerials, LL.C. (c) to hydraylk cylinders; (d) to tires and tubes caused by blow out, bruises, cuts, punctures or other causes Inherent In the use of the Equipment; (e) resulting from a lack on or negligent lubrication or other Improper servicing of the Equipment, or damage resulting from misuse, abuse, failure to maintain, cleanliness, improper servicing of the Equipment or damage resulting from. misuse, abuse, fallure to niahtteln proper fuel, hydraulic, ;coolant or pressure levels; (() due to mysterious disappearance, or any Equipment whkh Is not `returned for whatever reason, including. theft; (g) for any and all accessories, such as, but not which Is not ilmlted to alr,huses, electric cords, blades, welding cable, ilquid fuel tanks and other similar (tend' and occessnries; (1) use of Equipment In violation of any terms of this agreement -law, ordinance or regulation. if Customer has Insurance covering any loss or damage to which this Acciden- tat Damage Waiver relates, this Accidental Damage Waiver becomes secondary and shall only apply to the extend such damage Is not covered by Customer's Insurance. Customer shall exercise ail rights available to Customer under said insurance and take all action necessary to process said claim. Customer further agrees to assign said claim and any and all proceeds from such insurance to Interstate Aerials, L.L.C. Upon request Interstate Aerials, L.LC. Customer shall fully cooperate with interstate Aerials, T.L.C. and furnish the name of Customer's insurance agent, insurance company, and edurmation svncerning Customer's insurance coverage. As a condition for Interstate Aerials, LL.C. agreement pursuant to this Accidental Damage Waiver prevision, Customer must immediately notify Interstate Aerials, L.L.C. of any loss or damage. ENTIRE AGREEMENT/ONLY AGREEMENT. This written agreement represents the entire agreement between the Customer and Interstate Aerials, L.L.C. There are no oral or other representations ar agreements not Included herein. None of Interstate Aerials, L.LC. rights or Customer's rights may be changed and no extension of the terms of this agreement may be made except in writing, signed by both Interstate Aerials, LLC. and Customer. The use of Customer's purchase order number on this agreement H for Customer's convenience only. This rental agreement supersedes any purchase order or other Customer provislntis'or forms Whether sent to or recopied prior, of subsequent to this rental agreement NO ASSIGNMENT, LENDING OR SUBLETTING. Customer shaft not sublease, suhrent, or assign or load the Equipment, and any such action by Customer shall be void. Customer agrees to use and keep the Equipment at the Job site set forth on the front page 'of this form unless Interstate/serials, LL.0 approves otherwise In writing. OTHER PROVISIONS. Any failure of Interstate Aerials, L.L.C. to Insist upon strict performance by Customer of any terms and conditions of this agreement shall not be construed as a waiver of Interstate Aerials, t L.C. right to demand strict compliance. customer has carefully reviewed this agreement and waives any principle of lave which would construe any provision hereof against Interstate Aerials, L.L.C. as the craftsperson of this agreement. Customer agrees to pay all reasonable costs of collections, court, attorneys' fees and other expenses incurred by Interstate Aerials, L.L.C. In the collection of any charges due under this rental agreement or In connection with the enforcement of its terns. Customer shall pay the rental charge without any offsets, deductions of Claims. The federal and state courts In the county in which the Store location is located shall have exclusive )urisdictien over all matters relating to this agreement. Trial by jury is waived. &invite of process may be affected by certified mall, return receipt requested. Interstate Aerials, L.L.C. shall be entitled to decrees of specific performance (without posting bond or other security) In addition to such other remedies as may be available. CRIMINAL WARNING: The use of false Identification to obtain Equipment or the failure to return the Equipment by the Date Due may be considered a theft subject to criminal prosecution pursuant to applicable crirninel or penal code provisions. Print (Name) (Signature) 433 MorrEanra Re-NTTLLi iVic PQ. BOX 95 SVJEDS:80ROIsIJ 0801J.--7 or.rt-cE 8.584241 -1116. FAX 856-24; -1 CvnOntakKititt. PA 15317 OrPrcEjt CYQLJF PO, don srru: arwee El 61 & Front St t4inT1Tbunt, PA PietatA tieby DELIVERY DIRE C TIO N S (71A`, MODFA„ tkF 'rra UTurs-../ DEUVERY PAIN E BASKET(PLATF ORM RAILS SWITCRES CONTROL BOXIER) TIRES SAEETY DECAL OPERATORS MANUAL j YES _JNO (t) C.EscRIBE Alt. POOR ITEMS BELOW: EQUIPMENT CONDITION AT CUSTOMER LOCATION; DRIVER: DATE' NEW GOOD POOR (1) PAINT BASKET/PLATFORM RAILS SWITCHES. CONTROL, BOX(ES) TIRE -5 Tiz.RMINAllr,P (I PICK LIP YiMF! . _ rtf..)f)f) SAFETY DECALS (1) DEC -R E ALL POOR rrFM, 13 ' Kw) frec:K met totttt cri lentos. IS A7,ieadei by Matta; ategtoKE of mittihe .1a0,4 e",",,,!Phhhi a<1;.` latra5 • Th.s 0 0101pr,flat ahkiiiL nh le•aatof ihaa'S haw% oat' da•y, pat h‘ami, Rhr,70 wheal ,s /SOM./ fty iNef; >foci a orcuo tay rrartaac, Ca",a "t•ggY r',0Astiltsktb thIrMfarra! gf *kip he! mauati !at aw• ,• , •••••- -••• . A l'Eah,cr :5 a .4:•,•Kiv,:sixa•FE,- a4tlahl. 10 uES.h 41‘,""a, h. ••••',,, ••:• • • •,• .• c-'i•aartat LL chteveted we) tzoaca ar"-•-d the mai at tom thotto; et) ac.,c*,(1i4.4y. 1 DIESEt. ;..1 OAS jPROIMWF (._ __TANKS) FiEC7Ef.!..j. • tTt.,,.?;,,v).,,'hiS1 ragvhas that Iati pnattaihan ah.n won" whoh sPoreth"0 •"ettf, Pl"Ilfot”). .5t.sunwe $-olo fot,ponstbiaty for psovidIng ttte someth operation re,s.AA,A. -.....c!cr,owites.gAl.tNot Loa.t.o, progititil tho %rate aftertmit op4,7innotofl,irnaUckin Crit rya; h.,•ao !!.! trwruthte tutor*, oporahrto hitthetatt tteffeere0 With the twattiptneftt and Inetrot*fortsi as to W., LP pottom) at'tiE it,f-oettrzf),,, afiti ore the, sato operation of tho Uttft. Leese* essureos Ute trieportttbility to toteqeftfote ffmffut eitheeottent 4,neh)h,"!", valpeta atut ttoettfted fmteortoet oopteete 'rho agaiprahsat. ' tip., the) ttOhN) th,"E to!'4,,"C,)etn.e.tht, Le tre-e- has an e-- eeine ""•Qi,E:E7w,,E, •••• "•'• t• -•E 5.aley inatilc.c•s• c•'ssel•.? htt tfetethated oftetAltog DV, ; !• 0 • iwlertl,etriethretv etestKAS Tarn -toe% Se tstsete.tet agt'arx hf!'")")),Ti"st's )),e. "•- E' Jee•••.•,ih the atophr c'ff apra:.•,v1",an aO•af.thall aht7.',46 lINEY es: the e•*""‘:XE".E1, k•ti•tfsrti",., art. ••.‘a ••• •• „" • • •••,,,,"!haroa: charup fi0(11 hag!er.,,..13o?,;h-ta,ahv(••. ItaPrOptn• excets,oe !,e " t.t),". I DEFINITIONS. Interstate Aerie's, LLC. identifies Use customer shown on the front page of this agreement as the entity to whom the equipment has been rented 'Equipment' means any one or more of the Items Identified es such on the first page of this treatment. and shag Include any accessories, attachments or ether similar Items delivered to Customer, such as, but nm !united to, air hoses, eiectlic cords, blades, welding cables, liquid fuel tanks, nozzles, and other similar items. 'Customer' means the person or entity Identified as such on the first page of this agreement, incerding any representative, agent, officer or employee -thereof. 'Store Lfl non' means the Interstate Aedah, L.L.C. address on the Stet page of the rental Mteemenl AUTHORITY TO SIGN. Any InefMdual signing this contract represents and warrants that he or she Is of legal age, and has the authority and power to sign this rental agreement as or for the Customer. DISCLAIMER OF WARRANTIES, INTERSTATE AERIALS, LIG MAKES -NO WARRANTIES, EXPRESS OR IMPUED, AS TO THE MERCHANTABILITY OF THE EQUIPMENT OR ITS FITNESS TOR ANY PARTICULAA PURPOSE THERE 15 NO WA RRANTYTHAT THE EQUIPMENT 15 SUITED FOR CUSTOMERS INTENDED USE, OR THAT fT IS FREE FROM DEFECTS. EXCEPT A5 MAY 80 S(EClft• CALLY SET 000111 IN THIS RENTAL AGREEMENT, INTERSTATE AERIALS, LCC DISCLAIMS ALL 0111ER WARRANTIES, 111H1R EXPRESS OR IMPUED, MADE IN CONNECTION Witt -111115 RENTAL TRANSACTION, INDEMNITY/HOLD HARMLESS/DAMAGES, Customer acknowledges and assumes all risks Inherent xi the opeeriar on and use of the Equipment by Customer and will take all necessary precaution to proleit all persrins and pro pertybeoni injury or damage while In possession of the Equipment Interstate Aerleis; LLC. shag not be responsible to Customer or to any other party for any loss, Tlartagelor Injury (Including any loss of profits, business interruption or other spedal or consequential 1)a macs) caused by, resulting from, pr.ip,atty a iy ec netted win h the Equipment, Its .>fiEraltdn or use, er any defect w1111 mspent thene'16 'Customer agrees to defend, Indemnify and hold interstate Aerials, L.LC. harmless from and against any and all liability, claims and damages' of are; kind (Including attorney's fees) for Injuries of death to persons and damage to propeny arising out of the use, malnlenance, Wtruction, operation, possession, ownership or rental of the Equipment, however caused. RECEIPT & INSPECTION OF EQUIPMENL Customer acknowledges that Customer has inspected the Equipment prior to taking possession thereof, ends ii in good working order and repair, and suitable for Customer's creeds. Customer Is familiar with the proper operation and use of each Item of Equipment. Customer Inas inspected or will Inspect all hitches, bolls, safety chains, hauling tongues and other devices and materials used to connect the Equipment to Customer's towing vehicle, If any; Interstate Aerials, L.L.0 Is not responsible for any damage to Customer's lowing vehicles caused by detachable hitches or mirrors. USE OF EQUIPMENT Customer will not use or allow anyone to use the Eouipment:ia) for an Illegal purpose or In an !Regal manner, (b) Without a license, 11 required under any applicable I w, of (c) who Is not qualified to operate it Customer agrees, at Customer's sole expense, t0 comply with all applicable municipal, state, and federal laws, ordinances and regulations (Including 0.5.14.0) wh rh nay apply to the use of the Equipment. Customer agrees to check filters, oil, laud levels, tine air pressen:, dean and visually inspect the Equipment daily and to Immediately notify Interstate Aerials, L.LC. when Equipment needs repair or maintenance. Customer acknowledges that interstate Aerials, L.LC. has no responsibility to Inspect the Equipment while It b in Cvaturners possession. MALFUNCTIONING EQUIMENT. Should the Equipment become unsafe, mellvnction yr require repair. Customer shall immediately cease using such Equipment and Immediately notify Interstate Aerials, LLC, tf such condition Is the rqult of normal operation, Interstate Aerials, LLC. will repair or replace the equipment with similar Equipment In working order if such repiaremcnt Equipment is available. Interstate Aerials, LLC. has no obligation replace equipment rendered rncrperablc by Msirse; abuse or neglect Customer's sole remedy for any failure or defect in Equipment shall be the termination of any rental charges accruing after the time of failure. The Equipment must be returned to the Store Location within twentyfpur hours from the Orne of defect In order to terminate rental charges. RETURN OF EQUIPMENT, DAMAGED & LOST EQUIPMENT. At the expiration of the term Customer will return the Equipment to the Store Location during Interstate Aerials, LLC. regular business hours, such Equipment to be In the condition and repair as when delivered to Cesturner, subject to reesonabie wear and tear, as defined below. Customer shalt be liable for oil damages to or loss of the Equipunenl, Including any damage during transit to or from Customer. In she case of the loss or destruction of any Equipment, or !nubility or Pali ne to return same to Interstate Aerials, L.LC. for any reason whatsoever, Customer will pay Interstate Aerials, LLC. the teen full replacement fist value together with the full rental rate as specified until such Equipment le replaced. 11 Interstate Aerials, LLC. has agreed to deliver the Equipment to Customer or to pick up the Equipment from Customer, Customer Shull pay interstate Aerials, L.LC the reasonable cost of repair and pay rental on the Equipment at the regular rental rate until ail repaln have been completed. Interstate Aerials, L.LC. shall be under no obligation to commence repair work until Customer Inas pale to Interstate Aerials, L.LC.the estimated cost therefore, REASONABLE WEAR AND TEAR. Reasonable wear and tear of the Equipment .shall mean only she normal deterloratton of the Equipment caused by ordinary and reasonable use on a one shift (eight hours per day, 4D hours per week( basis The following shall not be deemed reasonable wear and tear; (n) damage resulting tram lack of lubrication or maintenance of necessary oll, water and alr pressure levels; (b) except where loterstale Aerials, LLC. expressly assumes the obegation to service or maintain the Equlpmenl, any damage resulting from lock of service or prevereallve maintenance suggested In the manufacturer's operation and mainte- nance manual; lc) damage resulting from any colltslon, overturning, or Improper opera0on, Including overloading nr exceeding the rated capacity of the Equipment he damage in the nature of dents, bending, tearing, staining and misalignment to or of the Equipment or any part thereof; (e) wear resuteng from use in excess of shifts for which rented; and (t) any other damage to the Equipment which is not considered ordinary end reasonable In the equipment realer Industry. Repairs 1u the Equipment shall be made to the reasonable satisfaction of Interstate Aerials, 1.I..C, and in a manner, wh¢h wilt not adversely effect the aperet-ion, manufacturer's design or vatue of the Equipment LATE RETURNS. It not Ornery returned, ki addition to the rental rates set fonh to the agreement Customer agrees to pay on additional chaise of 1/5 of the daily rate for each hour the Eryripment Is retained beyond the expiration of the. 101001 period. Customer agrees to pay for any damage to or loss of the Equipment occurring between the erne the Equipment Is returned and the commencement of Interstate Aerials, LL.C. nerd business day in the event the Enurement is resumed to the Sart location at other than Interstate Aerials, LLE. regular buslnoss hours, RENTAL PERIOD & CALCULATION OF CHARGES, Rental d'erges commence when the Equipment leaves the Store location and end when the Equipment is returned thereto. Rental chargee accrue during Saturdays, Sundays, end holidays. Rental rotes are for normal usage based on en eight hour day, 40 hours per week and 160 hours per month. On power equipment, operation In excess Of one shift (eight hours per day) will be nt Interstate Aedafs, L.LC. standard premium rates. Customer will truthfully and accurately certify to Interstate Aerials, L.LC. the number of shins the equipment was operated. Customer's right to possess the Equlpmcnt res minates un the expiration of the rental period set forth on page one d the agreement and retention of possession after this time Is a material breach of this agreement. TIME 15 OF THE ESSENCE of thus agreement 0100510. In addition to securing the payment of rental charges hereunder, Customer agrees that any rental deposit shall be deemed to be a guaranty by Customer of the full and complete performance of each and all of the terms, covenants, end agreements In be performed by 6rrstomer hereunder, and In the event of any breach by Customer thereof said deposit shall he credited against any damages, costs or expense lecurred by Interstate Aerials, L.LC. as a result of such broach. PAYMENT, All rentals shall be payable In full upon return ot,the Equipment to Interstate Aerials; LL.C. or prior to 30 days following Interstate Aerials, L.LC. Invoice to Customer, wimettever comes first. Customer acknowledges that timely payment of rental charges is essential 10 Interstate Aerials, C.L.C. business operations and it woaid be Impractical and extremely difflcuh to fix the actual damages caused by late payment. Customer and Interstate Aerials, L.L.C. agree that there shall be added to all past due rental charges a late payment tee equal to the lesser of 2% per month (24% per armrest or the maximum esaount allowed by applicable law. FAILURE IO DELIVER. Customer releases and discharges Interstate Aerials, I.L.C. from any and all liability or damages (Including consequential and special damages) which might be caused by Interstate Aerial, L -LC, faifute or Inability to deliver any Equipment by any specified date ortlne. TITLE/NO PURCHASE OPTION/NO 11E145. This agreement is not a contract of sale, and title to the Equipment shall at all times rcmain,;withlnterstate Aerials, LLC.. Unless covered by a specific Supplemental agreement Bleed by, Interstate Aerials, LLC. the Customer ustoer has no option or right to purchase"the Equipment. Customer shall keep the Equipment free and clear of an mechanics and other liens and enarmbrances. TIRE/TUBE REPAIR OR REPLACEMENT. Repairby teplaternent of thee anti tubes is the responsibility of the Customer, and Is not Included In the rental rate. DEFAULT. Should Customer in arty way fa51 to tlerfornr, observe or keep any provision of this rental agreement, Interstate Aerials, L.L.C. may et its option do any oneor more of the following (a) terminate thin agreement; (b) declare the entire rent immodimey due and payable and commence legal action therefore; (c) retake possession of the Equipment hold the customer liable for all rental and other tharges; or (d) pursue anyother remedies avalablo bylaw. REPOSSESSION OF EQUIPMENL rn the event of any actual or anticipatory breach by Costumer, Interstate Aerials, L.LC. employees er agents may, without notice or legal process, go upon Customer's property and take all, action reasa0gbl0 necessary to reiausess itie:EGui arr(er+L Cu aribieir'viatveSell claimi fdt damages 3Rti treses, physical or 5 pecuniary, caused thereby, and shall pay all costs and expenses Incurred by Interstate Aerials, L.LC, in retaking the Equipment. CUSTOMER'S INSURANCE COVERAGE. Customer agrees to maintain and carry, at its sole cost, adequate gabiRty, physioal damage, public IlahRrty, property damage and casually insurance for the full replacement cost of the Equipment, Including all risks of loss or damage covered by the standard extended coverage endorsement to tomer any damage or liability arising from the handling, transportation, maintenance, operation or use of the Equipment during the entire rental period. When requested, Customer shall supply to Interstate Aerials, L.L.C. proof of such insurance by Certificate of insurance clearly setting forth the coverage for the Equipment and naming Interstate Aerials, L.LC. as loss payee and additional Insured; such Insurance and evidence thereof to he In amounts and form satisfactory to Interstate Aerials, L.L.C. shaft receive not less then thirty (30) days notice prior co any caeca -Hatton of the insurance required hereunder.. ACCIDENTAL DAMAGE WAIVER PROVISIONS. Accidental damage waiver is not Insurance. In the event Customer has elected to araept end pay for the Accidental Damage Waiver on the first page of this agreement, interstate Aertah, LLC. agrees that notwithstanding the terms and conditions set teeth in this agreement to the contrary, Customer shall not be teepee able for direct physical damage to the Equipment if RIs used for Its specific purpose, and not misused In any fashion. Nutwlthstandl ng the foregoing, Interstate Aerials, LL.C. will not wage a titins for loss or damage; (a) to Equipment as a result of overloading or exceeding Its sated capacity; (b) to motors, generators, drills or other electrical appliances or devices caused by portable electric current, whether ar not said portable current Is supplied by Interstate Aerials, LLC, (c) to hydraufk cylndars; (d) to tires and tubes caused by blow out, bruises, cuts, punctures or other abuses Inherent in the use of the Equipment; (e) resulting from is (ask of or negligent lubrication or other Improper servicing of the Equipment, or damage resulting from misuse, abuse, failure to maintain, deodiness; improper servicing of the Equipment or damage resulting from misuse, abuse, faliure to maintain proper Iva!, hydrsalle cooleet or pressure levels; If) due to mysterious disappearance, or any Equlpmcnt which is not 0eiurned for vrhatever reason, including theft; (g) for any and al) accessories, such as, but net.whkh Isnot lAnibed to,alnhoses, electric cords, blades, welding table, liquid fuel tants and other slrolldr Renis• and accessories; (h) use ref Equipment In violation of any terms of this agreement. law, ordinance or regulation. tf Customer hes insurance covering any loss or damage tawhlch this Acciden- tal Damage Waiver relates, this Accidental Damage Waiver becomes secondary and shall only apply to the extend Such damage Is not covered.by CustOrter's Insurance. Customer shall exercise all rights available to Customer under said insurance end take all action necessary to process said claim. Customer further agrees to assign said claim and any and all proceeds from such insurance to Interstate Aerials, L.t.C. upon request Interstate Aerials, L.L.C. Customer shall fully cooperate with Interstate Aerials, L.L.C. and furnish the name of Customers insurance agent, insurance company, and information oencerning Customer's Insurance coverage, As a condition for Interstate Aerials, L.L.C. agreement pursuant to this Accidental Damage Waiver provision, Customer must Immediately notify Interstate Aerials, LL.C. of any less or damage, ENTIRE AGREEMENT/ONLY AGREEMENT. This written agreement reprosenis the entire agreement between the Customer and Interstate Aerials, L.L.C. There are no oral or other representations or agreements not included herein. Nona of Interstate Aerials, L.L.C. rights or Customer's rights may be Ganged and no extension of the Terms of this agreement may be made except to writing, signed by both Interstate Aerials, LLC. and Customer. The use of Customer's purchase order number on this agreement is for Customer's convenience only, This rental agreement supersedes any purchase anter or other Custemer provislnns or forms whether sent to or encased prlor, of subsequent to thls rental agreement NO ASSIGNMENT, LENDING OR SUBLETTING. Customer shag not sublease, suhrent, or assign or load the Equipment, and any such action by Customer shell be void. Customer agrees to use and keep the Equipment at the job site set forth on the front page bf this form unless Interstate Aerials, L.LC approves otherwise In writing. OTHER PROVISIONS Am/ failure of Interstate Aerials, LLC. to tnslst upon strict performance by Customer of any terms and conditions of this agreement shall not he construed as a waiver of Interstate Aerials, L L.C. right to demand strict compliance, customer has carefully reviewed Oils agreement and waives any principle of law, which would construe any provision hereof aga1ns2 Interstate Aerials, LL.C. as the craftsperson of this agreement. Customer agrees to pay at reasonable costs of collections, court, attorneys' fees and other expenses incurred by Interstate Aerials, I..1.0. In the collection of 01ty charges due under this rental agreement or In connection with the enforcement of its terms. Customer shalt pay the rental chargewlthout any offsets, deductions of claims. The federal and state courts in the county In which the Store Location Is larated shall have exclusive jurisdiction over all matters relating to this agreement. Trial by jury is waived, Service of process may be affected by certified mall, return receipt requested, Interstate Aerials, LLC, shall be entitled to decrees of specific performance (without posting bond or other security) in addition to such other remedies as may be available. CRIMINAL WARNING: The use of false identification to obtain Equipment or the failure to return the Equipment by the Date Due may be considered a theft subleet to criminal prosecution pursuant to applicable criminal or penal code proves tons. Print (Name) (Signature) EXHIBIT E Date Interstate Aerials, LLC PO Box 95 Swedesboro, NJ 08035 P: (856) 241-1118 F: (856) 241-1199 Statement Panthera Painting 333 Morganza Road Canonsburg, PA United States 15317 .1/201; Page 1 of 1 3 Receipt Description moun Balance Forward 1 60,542.70 New Purchases 0.0 Payments Received 0.0 New Balance Due I 60,542.70 Date 9/18/2012 nvoice Invoice Tearoff 48877 48877 10/5/2012 49129 10/16/2012 49491 11/2/2012 11/13/2012 50160 49129 49491 50160 Amound Paid Balanc= Aging ,094.60 $11,013.90 880.70 390 Days 810,077.00 80.00, $10,077.00 360 Days 0,077.00 $0.0 810,077.0' 360 D 50471 11/30/2012 12/11/2012_.- 51046 51443 50471 51046 $10,077,00 80.00 $10,077.00 330 Days 810,077.00 $0.00, $10,077.00 330 Days $10.077.00 $0.00 51443 $10.077.00 $0.00 $10,077.00 $10,077.00 330 Days 300 Days TOTAL DUE CURRENT 30 Days 60 Days 90+ Days $60,542.70 $0.00 $0.00 $0.00 $60,542.70 EXHIBIT F . •• 1/4-,, ,--' v,..,. „ .1 '1 ......„ )S.,...1,.-,L,ZZi.„...li • ..,,,d ,... -, 'Our usThss i$ tkxlming” P4ititing morganza Road State. PA Zip 15317 :145-1900 Far. (724) 745-2466 taOut • ... VilVtbd14.1 .s.,L Provided By:Robin Beeler Lint Date Needed 8/31/2012 Unit Type 35 Hydra Platform 113 13- S4 Na Bl'idge Street rt 1 & Cron( Si Streal. City sburg State Pik ?Lip Pricing Month $9,500 GO Week $4,500.00 Day Other Ins Del/Pu S960.00 Env .57.00 Fuel Ccoriv:ict Name a ndy kg 'E Contact Phone (724) 350-7458 illea-serdeltv by barn ... .11' e cf, 4/65,3 q 100 oa70 aye) ang tiltInfo --, .. -'....; . to 7/.-) 7/f_t_. u i'•••<.C7S 77 ...........____ .._ li.i-2.,— is Lic) Lt_.9 1 ,-. ,.,.-.,...':.7..(.: ,c, _ .'...).(L4:31.....__. --lillYa:2f.?..1-1— 44 ......5:_l_..t.it..t...__.. to 46 /o t610-e'c con-l-tv\ ('-' ,---7-) ........_ ".` -^7r"---------77-. (2:1 7.'('77.---C-e/ ., .- I },-‘11 '''''- 4' ' Termination ft: •Z -T--, Term bate: Called Off By MARK 13, Sit t)T,17AKCR nxhur;Ylakcr,i ; rdshor;nakcr.com Wars) Shoemaker az eciuAg:0(!on <tt,' att 36 EUCLID STREET WoopBURY, NF.W 31;RSF,Y 08096 March 5, 2013 Via Regular & Certified Mail, R.R.R. T.D. Eckman, Inc.. 141 Lower Valley Road Atglen, PA 19310 Re: Interstate Aerials, LLC v. Panthera Painting Dear Sir/Madam: (856) 853-7771 Fax (856) 853-0146 Our File No. 9195fHW By way of introduction, 1 represent Interstate Aerials, LLC, which leased equipment to Panthera Painting for work on the 1-81 Wade Bridge Rehabilitation Project, also known as Project 57764. The purpose of this correspondence is to place you on notice of my client's outstanding receivable pursuant to the Public Works Contractors' Bond Law. • I have enclosed herewith for your review and file copies of the Rental Agreements, invoices, and current statement of account. As you will see, of the $82,651.20 properly invoiced to Panthera Painting, Interstate Aerials has been paid only S10,000.00 to date. Of course, the primary goal of this correspondence is to arrange for immediate payment of the account receivable. Failing same, and after expiration of the waiting period, you are hereby placed on notice of my client's intention to seek payment under the payment bonds from The Fidelity and Deposit Company of Mat gland and Zurich American Insurance Company. Please be guided accordingly. Very truly yours, WARD SHOEMAKER LLC By:�� Mark B. Shoemaker, Esquire MBS:vI Enclosures cc: Panthera Painting (Via Certified &c Regular A'fai) Matthew Lange. Interstate Aerials (Via Facsimile t4 Regular Alai() F'\vPEX)Cs`Ttt\v.9E95 CEt\v'Pam het-aPairttin',r Ct:Sri31i.t3 3.5'.'. d i� EXHIBIT B COHEN, SEGLIAS, PALLAS, GREENHALL & FURMAN, P.C. By: Jason Copley (Attorney ID No. 72774) Anthony M. Bottenfield (Attorney ID No. 208626) 30 S. 17th Street, 19th Floor Philadelphia, PA 19103 (215) 564-1700 Attorneys for Plaintiff, Interstate Aerials, LLC. INTERSTATE AERIALS, LLC. COURT OF COMMON PLEAS Plaintiff, : OF CUMBERLAND COUNTY v. : CIVIL ACTION — LAW PANTHERA PAINTING, INC. : NO. 13-7470 and, FIDELITY DEPOSIT COMPANY OF MARYLAND and, • ZURICH AMERICAN INSURANCE COMPANY Defendants. TO: IMPORTANT NOTICE PANTHERA PAINTING, INC. 333 Morganza Road Canonsburg, PA 15317 Dated: February 6, 2014 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. 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 WITII INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICE TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE: CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET - CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 COHEN, SEGLIAS, PALLAS, GREENIIALL & FURMAN, P.C. By: Jason A. opley Anthony M. Bottenfield 30 S. 17th Street, 19th Floor Philadelphia, PA 19103 215-564-1700 Attorneys for Plaintiff, Interstate Aerials, LLC. 2 CERTIFICATE OF SERVICE I, Anthony M. Bottenfield, hereby certify that on February 6, 2014, I served a true and correct copy of the foregoing Important Notice pursuant to Pa.R.Civ.P. 237.1 upon the following: PANTHERA PAINTING, INC. 333 Morganza Road Canonsburg, PA 15317 Via Certified Mail, Return Receipt Required Via Regular Mail Anthony M. Botten field 2506421.1 50042-0016 EXHIBIT C 5/8/2014 PA Attorney Look Up Results I Pennsylvani a D isci pl i nary Board 'the Disciplinar ) Board of the Supreme Court of Pennsylvania PA Attorney Look Up Results PA Attorney Look Up - Last Updated: 05/05/2014 Search By andrew Last Name • For: manganas Also By. First Name • For: Please note, ONLY use the attorneys first name in the "first name" box. Including middle initials or middle names will invalidate search results. Submit 0 records found :: Show / Hide Columns (#) • OO City • OO County • OO Discipline (pa-attorney-info.php?id=&pdcount=0) ©2007-2014 The Disciplinary Board of the Supreme Court of Pennsylvania. I Disclaimer For questions or comments regarding the, ebsite, please contact us at web.support(a pacourts.us. http://www.padisciplinaryboard.org/look-up/pa-attorney- results. php?st1= WLast_N ame&s s 1= mang anas&st2=WFi rst N ame&ss 2= andrew&Submi t2= Submit 1/1 • • • - ' ' ' - „,,,„ ,‘ • - "4- • • "- EXHIBIT D INTERSTATE AERIALS, LLC. 313 Borelli Blvd. Paulsboro, NJ 08066 v. Plaintiff, : PANTHERA PAINTING, INC. 333 Morganza Road Canonsburg, PA 15317 and, FIDELITY DEPOSIT COMPNAY OF MARYLAND 600 Red Brook Blvd. Owing Mills, MD 21117 and, ZURICH AMERICAN INSURANCE COMPANY 165 Broadway, 32nd Floor New York, NY 10006 Defendants. : COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW NO. 13-7470 ANSWER And now comes the Defendant Panthera Painting Inc. that files the following answer: I. PARTIES 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. II. BACKGROUND 5. Denied as Stated. The project was located only in Dauphin County. 6. Admitted. 7. Admitted. 8. Admitted. 9. Admitted. 10. Admitted. 11. Admitted. 12. Admitted. 13. Admitted. 14. Admitted. 15. Denied. After reasonable investigation, the Defendant is without sufficient knowledge or information to ascertain the accuracy of the allegation and it is therefore denied. 16. Denied. After reasonable investigation, the Defendant is without sufficient knowledge or information to ascertain the accuracy of the allegation and it is therefore denied. 17. Denied. After reasonable investigation, the Defendant is without sufficient knowledge or information to ascertain the accuracy of the allegation and it is therefore denied. 18. Denied. After reasonable investigation, the Defendant is without sufficient knowledge or information to ascertain the accuracy of the allegation and it is therefore denied. 19. Denied. After reasonable investigation, the Defendant is without sufficient knowledge or information to ascertain the accuracy of the allegation and it is therefore denied. COUNT I BREACH OF CONTRACT (Interstate Aerials v. Panthera) 20. The averment of paragraph requires no answer 21. Admitted. 22. Denied. After reasonable investigation, the Defendant is without sufficient knowledge or information to ascertain the accuracy of the allegation and it is therefore denied. 23. Denied. The averment is denied as it is a conclusion of law. 24. Denied. After reasonable investigation, the Defendant is without sufficient knowledge or information to ascertain the accuracy of the allegation and it is therefore denied. By further answer, Defendant avers that the Plaintiff has failed to give Defendant credit for all monies paid and the alleged balance due and owing is incorrect. 25. Denied. After reasonable investigation, the Defendant is without sufficient knowledge or information to ascertain the accuracy of the allegation and it is therefore denied. By further answer, Defendant avers that the Plaintiff has failed to give Defendant credit for all monies paid and the alleged balance due and owing is incorrect. 26. Denied. The averments are a conclusion of law. 27. Denied. Defendant never agreed to pay interest WHEREFORE, Defendant prays this honorable court to dismiss the complaint of the Plaintiff. COUNT II UNJUST ENRICHMENT (Interstate Aerials v. Panthera) 28. The averment of paragraph requires no answer. 29. Admitted. 30. Admitted. 31. Denied. After reasonable investigation, the Defendant is without sufficient knowledge or information to ascertain the accuracy of the allegation and it is therefore denied. 32. Denied. After reasonable investigation, the Defendant is without sufficient knowledge or information to ascertain the accuracy of the allegation and it is therefore denied. By further answer, Defendant avers that the Plaintiff has failed to give Defendant credit for all monies paid and the alleged balance due and owing is incorrect. 33. Denied. After reasonable investigation, the Defendant is without sufficient knowledge or information to ascertain the accuracy of the allegation and it is therefore denied. By further answer, Defendant avers that the Plaintiff has failed to give Defendant credit for all monies paid and the alleged balance due and owing is incorrect. WHEREFORE, Defendant prays this honorable court to dismiss the complaint of the Plaintiff. COUNT III QUANTUM MERUIT (Interstate Aerials v. Panthera) 34. The averment of paragraph requires no answer. 35. Denied. After reasonable investigation, the Defendant is without sufficient knowledge or information to ascertain the accuracy of the allegation and it is therefore denied. 36. Denied. After reasonable investigation, the Defendant is without sufficient knowledge or information to ascertain the accuracy of the allegation and it is therefore denied. 37. Denied. After reasonable investigation, the Defendant is without sufficient knowledge or information to ascertain the accuracy of the allegation and it is therefore denied. By further answer, Defendant avers that the Plaintiff has failed to give Defendant credit for all monies paid and the alleged balance due and owing is incorrect. WHEREFORE, Defendant prays this honorable court to dismiss the complaint of the Plaintiff. COUNT IV BREACH OF BOND OBLIGATION (Interstate Aerials v. Fidelity) 38. Denied. After reasonable investigation, the Defendant is without sufficient knowledge or information at ascertain the accuracy of the allegation and it is therefore denied. 39. Denied. After reasonable investigation, the Defendant is without sufficient knowledge or information at ascertain the accuracy of the allegation and it is therefore denied. 40. Denied. After reasonable investigation, the Defendant is without sufficient knowledge or information to ascertain the accuracy of the allegation and it is therefore denied. 41. Denied. After reasonable investigation, the Defendant is without sufficient knowledge or information to ascertain the accuracy of the allegation and it is therefore denied. 42. Denied. After reasonable investigation, the Defendant is without sufficient knowledge or information to ascertain the accuracy of the allegation and it is therefore denied. 43. Denied. After reasonable investigation, the Defendant is without sufficient knowledge or information to ascertain the accuracy of the allegation and it is therefore denied. 44. Denied. After reasonable investigation, the Defendant is without sufficient knowledge or information to ascertain the accuracy of the allegation and it is therefore denied. 45. Denied. After reasonable investigation, the Defendant is without sufficient knowledge or information to ascertain the accuracy of the allegation and it is therefore denied. COUNT V BREACH OF BOND OBLIGATION (Interstate Aerials v. Zurich) 46. Denied. After reasonable investigation, the Defendant is without sufficient knowledge or information to ascertain the accuracy of the allegation and it is therefore denied. 47. Denied. After reasonable investigation, the Defendant is without sufficient knowledge or information to ascertain the accuracy of the allegation and it is therefore denied. 48. Denied. After reasonable investigation, the Defendant is without sufficient knowledge or information to ascertain the accuracy of the allegation and it is therefore denied. 49. Denied. After reasonable investigation, the Defendant is without sufficient knowledge or information to ascertain the accuracy of the allegation and it is therefore denied. 50. Denied. After reasonable investigation, the Defendant is without sufficient knowledge or information to ascertain the accuracy of the allegation and it is therefore denied. 51. Denied. After reasonable investigation, the Defendant is without sufficient knowledge or information to ascertain the accuracy of the allegation and it is therefore denied. 52. Denied. After reasonable investigation, the Defendant is without sufficient knowledge or information to ascertain the accuracy of the allegation and it is therefore denied. 53. Denied. After reasonable investigation, the Defendant is without sufficient knowledge or information to ascertain the accuracy of the allegation and it is therefore denied. COUNT VI VIOLATION OF PENNSYLVANIA's CONTRACTOR AND SUBCONTRACTOR PAYMENT ACT, 73 P.S. 501, et seq. ("CASPA") (Interstate Aerials v. Panthera) 54. The averment of paragraph requires no answer. 55. Admitted. 56. Admitted. 57. Admitted. 58. Denied. After reasonable investigation, the Defendant is without sufficient knowledge or information to ascertain the accuracy of the allegation and it is therefore denied. 59. Denied. After reasonable investigation, the Defendant is without sufficient knowledge or information to ascertain the accuracy of the allegation and it is therefore denied. By further answer, Defendant avers that the Plaintiff has failed to give Defendant credit for all monies paid and the alleged balance due and owing is incorrect. 60. Denied. After reasonable investigation, the Defendant is without sufficient knowledge or information to ascertain the accuracy of the allegation and it is therefore denied. By further answer, Defendant avers that the Plaintiff has failed to give Defendant credit for all monies paid and the alleged balance due and owing is incorrect. WHEREFORE, Defendant prays this honorable court to dismiss the complaint of the Plaintiff. COUNT VII VIOLATION OF PENNSYLVANIA'S PROMPT PAYMENT ACT, 62 P.S. 3901, et seq. (Interstate Aerials v. Panthera) 61. The averment of paragraph requires no answer. 62. Admitted. 63. Admitted. 64. Denied. After reasonable investigation, the Defendant is without sufficient knowledge or information to ascertain the accuracy of the allegation and it is therefore denied. 65. Denied. After reasonable investigation, the Defendant is without sufficient knowledge or information to ascertain the accuracy of the allegation and it is therefore denied. 66. Denied. After reasonable investigation, the Defendant is without sufficient knowledge or information to ascertain the accuracy of the allegation and it is therefore denied. 67. Denied. After reasonable investigation, the Defendant is without sufficient knowledge or information to ascertain the accuracy of the allegation and it is therefore denied. 68. Denied. After reasonable investigation, the Defendant is without sufficient knowledge or information to ascertain the accuracy of the allegation and it is therefore denied. By further answer, Defendant avers that the Plaintiff has failed to give Defendant credit for all monies paid and the alleged balance due and owing is incorrect. 69. Denied. After reasonable investigation, the Defendant is without sufficient knowledge or information to ascertain the accuracy of the allegation and it is therefore denied. 70. Denied. After reasonable investigation, the Defendant is without sufficient knowledge or information to ascertain the accuracy of the allegation and it is therefore denied. 71. Denied. After reasonable investigation, the Defendant is without sufficient knowledge or information to ascertain the accuracy of the allegation and it is therefore denied. 72. Denied. After reasonable investigation, the Defendant is without sufficient knowledge or information to ascertain the accuracy of the allegation and it is therefore denied. WHEREFORE, Defendant prays this honorable court to dismiss the complaint of the Plaintiff. PANTHERA PAINTING, INC. By: Andrew Mang=nas 333 Morganza Road Canonsburg, PA 15317 724-745-1900 VERIFICATION The undersigned does hereby verify subject to the penalties of 18 Pa C.S. 4904, relating to unsworn falsification to authorities, and under penalty of perjury, that he/she is President of Panthera Painting, Inc., Defendant, that he/she is duly authorized to make this Verification and that the facts set forth in the foregoing ANSWER are true and correct to be the best of his/her knowledge, information and belief. `-.il 21T4JUN E1 AM CUPIDERLAND C9UNTy` INTERSTATE AERIALS, LLC, PENNSYLVA Plaintiff v. PANTHERA PAINTING, INC., FIDELITY DEPOSIT COMPANY OF MARYLAND, and ZURICH AMERICAN INSURANCE COMPANY Defendant Countp of CunTbertanb IN THE COURT OF COMMON PLEAS OF THE NINTH JUDICIAL DISTRICT 2013-07470 CIVIL ACTION IN RE: INTERSTATE AERIALS, LLC'S MOTION TO STRIKE THE ANSWER FILED BY UNREPRESENTED CORPORATION, PANTHERA PAINTING, INC. AND FOR ENTRY OF DEFAULT ORDER OF COURT AND NOW, this (.1 day of June 2013, upon review of Interstate Aerials, LLC's Motion to Strike the Answer Filed by Unrepresented Corporation, Panthera Painting, Inc. and For Entry of Default, the Motion is GRANTED IN PART and DENIED IN PART. The Motion to Strike the Answer filed by unrepresented corporate defendant, Panthera Painting, Inc. is GRANTED. The Answer is hereby STRICKEN pursuant to Walcavage v. Excell 2000, Inc., 480 A.2d 281, which clearly held that a corporation may appear and be represented only by an attorney admitted to practice in the jurisdiction. The Motion for Entry of Default is DENIED. Defendant Panthera Painting, Inc. is hereby granted leave to amend its answer. The amended answer SHALL be filed within TWENTY (20) DAYS of service of this Order. The amended answer SHALL be filed by an attorney admitted to practice before this Court. Plaintiff SHALL effectuate service of this Order and the underlying Motion upon Defendant Panthera Painting, Inc. and file proof of service. BY T Thomas P :cey C.P.J. Distribution List: /ArIthony M. Bottenfield, Esq. /4thera Painting, LLC Q' eopi Li/ii N 16=11111,17 714 25 ' COHEN, SEGLIAS, PALLAS, JUS �� GREENHALL & FURMAN, P.C. .' 39 By: Jason Copley (Attorney ID No. 72774) CUM�B 'RLANCO Anthony M. Bottenfield (Attorney ID No. 208626) NNS},1LV ° cojjgNTY 30 S. 17th Street, 19th Floor Philadelphia, PA 19103 (215) 564-1700 Attorneys for Plaintiff, Interstate Aerials, LLC. INTERSTATE AERIALS,LLC. : COURT OF COMMON PLEAS Plaintiff, : OF CUMBERLAND COUNTY v. : CIVIL ACTION—LAW PANTHERA PAINTING, INC. : NO. 13-7470 and, FIDELITY DEPOSIT COMPANY OF . MARYLAND and, ZURICH AMERICAN INSURANCE COMPANY Defendants. AFFIDAVIT OF SERVICE I, Anthony M. Bottenfield, Esquire, of full age, being duly sworn according to law, upon my oath, depose and say: 1. I am an adult individual, licensed to practice law in the Commonwealth of Pennsylvania. Along with other members of my firm, Cohen Seglias Pallas Greenhall & Furman, PC, I serve as legal counsel to Plaintiff, Interstate Aerials, LLC ("Interstate Aerials") in connection with the above-captioned action. 2. In accordance with the Court's Order filed on June 11, 2014, a copy of said Order and Plaintiff's Motion for Entry of Default (filed May 29, 2014) were served upon Defendant, Panthera Painting, Inc., via First Class U.S. Mail, Postage Prepaid and Certified Mail, Return Receipt Requested, at the following address: 333 Morganza Road, Canonsburg, PA 15317. A true and correct copy of my June 16, 2014 letter enclosing the Court Order and Motion for Entry of Default are attached hereto as Exhibit"A." 3. On June 18, 2014, Panthera Painting, Inc. accepted service of the Court Order and Motion for Entry of Default in the above-captioned matter as evidenced by the signed Return Receipt, which is attached hereto as Exhibit"B." �.1/fiI dor Anthony M. Bottenfield Counsel for Plaintiff Interstate Aerials, LLC Sworn to and subscribed before me this day of June, 2014. /6:ett,-EA.:4‘) Notary Public COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL PATRICIA C.FLYNN,Notary Public City of Philadelphia,Phila.County My Commission Expires September 19,20t4 2732738.150042-0016 EXHIBIT A Anthony M. Bottenfield Attorney At Law COHEN SEGLIAS PALLAS GREENHALL & FURMAN PC United Plaza, 19th Floor 30 South 17th Street Philadelphia, PA 19103 T: 21'5.564.1700 I F: 215.564.3066 abottenfield@cohenseglias.com www.cohenseglias.com June 16, 2014 VIA CERTIFIED MAIL & FIRST CLASS US MAIL Panthera Painting, Inc. 333 Morganza Road Canonsburg, PA 15317 Re: Interstate Aerials, LLC v. Panthera Painting, Inc., et al. CCP. Cumberland County, Civil Action No.: 13-7470 Our File No.: 50042-0016 Dear Sir/Madam: As you are aware, this firm is litigation counsel to Interstate Aerials, LLC in connection with the above-captioned matter. In that regard, enclosed please find a copy of the Court's June 11, 2013 Order as well as an additional copy of our Motion for Entry of Default filed on May 29, 2014. A copy of this motion was previously served upon you on June 3, 2014. Please note that in accordance with the Court Order, Panthera Painting, Inc. is required to file an Amended Answer within twenty (20) days of service of the Order. Please be guided accordingly.. Very truly yours, Anthony . :o nfielif AMB Enclosures cc: Interstate Aerials (via email) 2719943.1 50042-0016 Pennsylvania I New Jersey I New York I Delaware I Maryland I West Virginia EXHIBIT B I • ga Postal bra C -RTIFIED MAIL} R .CEIPT rzi (Domestic 1 - ia) Coverage Provided) _ 1rFor dehve information dbli our ebsite at www.us•s.conii e C`- O J U L U S E t_n Postage $ Certified Fee MI Postmark C Return Receipt Fee Here O (Endorsement Required) 0 Retricted Delivery Fee O (Endorsement Required) / fi 6°7/17t r1 Total Postage&Fees $ 1-1 fl 14:1444r . C ` — -- D Sire-,ApiTio.; 3 3 4 , ._ /. or PO Box No. C State,ZIP+4 j� f-�--�.//�. T_or» $On1Au u / r tP-S t�2ij4�b=� Se• 'e er eforin tr tons r`,eat� wi3nue; iyr��' Sr +n rid'°' r�' Av.; s r,,y °�*�"w ,� as a5 a»tier:+��,,. s�rw9;!t' w,fi SENDER•fCOMPLETE7THIS SECTION' �R r'' ,COMPLETE THIS SECTION°ON DELIVERY "`° " C Complete items 1,2,and 3.Also complete A. Signatu _ item 4 if Restricted Delivery is desired. X ❑Agent C Print your name and address on the reverse 0 Addressee so that we can return the card to you. B. r ece ed by(P ied Name) C. pate of De ve 10 Attach this card to the back of the mailpiece, or on the front if space permits. 4 / ',5*? 12a S fP - D. Is delivery address di erent from item 1? ElYes + 1-. Article Addressed to: .4 If YES,enter delivery address below: 0 No . f 1(-1 tai.114. (17 -j';iit / • t , 4194r 3. Type at Certified Mail 0 Express Mail / 0 Registered 0 Return Receipt for Merchandise 1. ( 7 0 Insured Mail 0 C.O.D. 4. Restricted Delivery?(Extra Fee) 0 Yes 2. Article Number t 1 t f}i, !t 1 : i, 4'4 4.4.".c 4". '" ., 4' . _..- (Transfer fromservice labeq 7 0 0 8 114 0 0002 4 5 6 7 7970 ! t PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540 i COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA INTERSTATE AERIALS, LLC 313 Borelli Blvd. Paulsboro, NJ 08066 Plaintiff, v. PANTHERA PAINTING, INC. 333 Morganza Road Canonsburg, PA 15317 and FIDELITY DEPOSIT COMPANY OF MARYLAND 600 Red Brook Blvd. Owing Mills, MD 21117 and ZURICH AMERICAN INSURANCE : COMPANY 165 Broadway, 32nd Floor New York, NY 10006 CIVIL ACTION — LAW NO. 13-7470 ANSWER Filed on Behalf of Defendant Panthera Painting, Inc. Counsel of Record for This Party: Christopher P. Furman, Esq. Pa. ID. No.: 89822 151 Houston Street Pittsburgh, PA 15223 (412) 512-5367 CA) cD r*a C.) COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA INTERSTATE AERIALS, LLC 313 Borelli Blvd. Paulsboro, NJ 08066 v. CIVIL ACTION — LAW Plaintiff, NO. 13-7470 PANTHERA PAINTING, INC. 333 Morganza Road Canonsburg, PA 15317 and FIDELITY DEPOSIT COMPANY OF MARYLAND 600 Red Brook Blvd. Owing Mills, MD 21117 and ZURICH AMERICAN INSURANCE : COMPANY 165 Broadway, 32nd Floor New York, NY 10006 ANSWER And now comes the Defendant Panthera Painting, Inc., by and through its undersigned attorney, and files the following Answer: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. I. PARTIES II. BACKGROUND 5. Denied as stated. The project was located only in Dauphin County. 6. Admitted. 7. Admitted. 8. Admitted. 9. Admitted. 10. Admitted. 11. Admitted. 12. Admitted. 13. Admitted. 14. Admitted. 15. Denied. After reasonable investigation, the Defendant is without sufficient knowledge or information to ascertain the accuracy of the averments contained in Paragraph 15 and therefore they are denied. 16. Denied. After reasonable investigation, the Defendant is without sufficient knowledge or information to ascertain the accuracy of the averments contained in Paragraph 16 and therefore they are denied. 17. Denied. After reasonable investigation, the Defendant is without sufficient knowledge or information to ascertain the accuracy of the averments contained in Paragraph 17 and therefore they are denied. 18. Denied. After reasonable investigation, the Defendant is without sufficient knowledge or information to ascertain the accuracy of the averments contained in Paragraph 18 and therefore they are denied. 3 19. Denied. After reasonable investigation, the Defendant is without sufficient knowledge or information to ascertain the accuracy of the averments contained in Paragraph 19 and therefore they are denied. COUNT I BREACH OF CONTRACT (Interstate Aerials v. Panthera) 20. The averments of paragraph 20 require no answer. 21. Admitted. 22. Denied. After reasonable investigation, the Defendant is without sufficient knowledge or information to ascertain the accuracy of the averments contained in Paragraph 22 and therefore they are denied. 23. Denied. The averment is denied as a conclusion of law. 24. Denied. After reasonable investigation, the Defendant is without sufficient knowledge or information to ascertain the accuracy of the averments contained in Paragraph 24 and therefore they are denied. By way of further answer, Defendant avers that the Plaintiff has failed to give Defendant credit for all monies paid and the alleged balance due and owing is incorrect. 25. Denied. After reasonable investigation, the Defendant is without sufficient knowledge or information to ascertain the accuracy of the averments contained in Paragraph 25 and therefore they are denied. By way of further answer, Defendant avers that the Plaintiff has failed to give Defendant credit for all monies paid and the alleged balance due and owing is incorrect. 26. Denied. The averments are denied as conclusions of law. 4 27. Denied. To the contrary, Defendant Panthera Painting, Inc. never agreed to pay interest. WHEREFORE, Defendant Panthera Painting, Inc. prays this Honorable Court to dismiss the Complaint of the Plaintiff COUNT II UNJUST ENRICHMENT (Interstate Aerials v. Panthera) 28. The averments of paragraph 28 require no answer. 29. Admitted. 30. Admitted. 31. Denied. After reasonable investigation, the Defendant is without sufficient knowledge or information to ascertain the accuracy of the averments contained in Paragraph 31 and therefore they are denied. 32. Denied. After reasonable investigation, the Defendant is without sufficient knowledge or information to ascertain the accuracy of the averments contained in Paragraph 18 and therefore they are denied. By way further answer, Defendant avers that the Plaintiff has failed to give Defendant credit for all monies paid and the alleged balance due and owing is incorrect. 33. Denied. After reasonable investigation, the Defendant is without sufficient knowledge or information to ascertain the accuracy of the averments contained in Paragraph 33 and therefore they are denied. By further answer, Defendant avers that the Plaintiff has failed to give Defendant credit for all monies paid and the alleged balance due and owing is incorrect. 5 WHEREFORE, Defendant, Panthera Painting, Inc., prays this Honorable Court to dismiss the Complaint of the Plaintiff. COUNT III QUANTUM MERUIT (Interstate Aerials v. Panthera) 34. The averments of paragraph 34 require no answer. 35. Denied. After reasonable investigation, the Defendant is without sufficient knowledge or information to ascertain the accuracy of the averments contained in Paragraph 35 and therefore they are denied. 36. Denied. After reasonable investigation, the Defendant is without sufficient knowledge or information to ascertain the accuracy of the averments contained in Paragraph 36 and therefore they are denied. 37. Denied. After reasonable investigation, the Defendant is without sufficient knowledge or information to ascertain the accuracy of the averments contained in Paragraph 37 and therefore they are denied. By way of further answer, Defendant avers that the Plaintiff has failed to give Defendant credit for all monies paid and the alleged balance due and owing is incorrect. WHEREFORE, Defendant, Panthera Painting, Inc., prays this Honorable Court to dismiss the Complaint of the Plaintiff. COUNT IV BREACH OF BOND OBLIGATION (Interstate Aerials v. Fidelity) 38. Denied. After reasonable investigation, the Defendant is without sufficient knowledge or information to ascertain the accuracy of the averments contained in Paragraph 38 and therefore they are denied. 6 39. Denied. After reasonable investigation, the Defendant is without sufficient knowledge or information to ascertain the accuracy of the averments contained in Paragraph 39 and therefore they are denied. 40. Denied. After reasonable investigation, the Defendant is without sufficient knowledge or information to ascertain the accuracy of the averments contained in Paragraph 40 and therefore they are denied. 41. Denied. After reasonable investigation, the Defendant is without sufficient knowledge or information to ascertain the accuracy of the averments contained in Paragraph 41 and therefore they are denied. 42. Denied. After reasonable investigation, the Defendant is without sufficient knowledge or information to ascertain the accuracy of the averments contained in Paragraph 42 and therefore they are denied. 43. Denied. After reasonable investigation, the Defendant is without sufficient knowledge or information to ascertain the accuracy of the averments contained in Paragraph 43 and therefore they are denied. 44. Denied. After reasonable investigation, the Defendant is without sufficient knowledge or information to ascertain the accuracy of the averments contained in Paragraph 44 and therefore they are denied. 45. Denied. After reasonable investigation, the Defendant is without sufficient knowledge or information to ascertain the accuracy of the averments contained in Paragraph 45 and therefore they are denied. 7 COUNT V BREACH OF BOND OBLIGATION (Interstate Aerials v. Zurich) 46. Denied. After reasonable investigation, the Defendant is without sufficient knowledge or information to ascertain the accuracy of the averments contained in Paragraph 46 and therefore they are denied. 47. Denied. After reasonable investigation, the Defendant is without sufficient knowledge or information to ascertain the accuracy of the averments contained in Paragraph 47 and therefore they are denied. 48. Denied. After reasonable investigation, the Defendant is without sufficient knowledge or information to ascertain the accuracy of the averments contained in Paragraph 48 and therefore they are denied. 49. Denied. After reasonable investigation, the Defendant is without sufficient knowledge or information to ascertain the accuracy of the averments contained in Paragraph 49 and therefore they are denied. 50. Denied. After reasonable investigation, the Defendant is without sufficient knowledge or information to ascertain the accuracy of the averments contained in Paragraph 50 and therefore they are denied. 51. Denied. After reasonable investigation, the Defendant is without sufficient knowledge or information to ascertain the accuracy of the averments contained in Paragraph 51 and therefore they are denied. 8 52. Denied. After reasonable investigation, the Defendant is without sufficient knowledge or information to ascertain the accuracy of the averments contained in Paragraph 52 and therefore they are denied. 53. Denied. After reasonable investigation, the Defendant is without sufficient knowledge or information to ascertain the accuracy of the averments contained in Paragraph 53 and therefore they are denied. COUNT VI VIOLATION OF PENNSYLVANIA'S CONTRACTOR AND SUBCONTRACTOR PAYMENT ACT, 73 P.S. 501, et seq. ("CASPA") (Interstate Aerials v. Panthera) 54. The averments of paragraph 54 require no answer. 55. Admitted. 56. Admitted. 57. Admitted. 58. Denied. After reasonable investigation, the Defendant is without sufficient knowledge or information to ascertain the accuracy of the averments contained in Paragraph 58 and therefore they are denied. 59. Denied. After reasonable investigation, the Defendant is without sufficient knowledge or information to ascertain the accuracy of the averments contained in Paragraph 59 and therefore they are denied. By way of further answer, Defendant avers that the Plaintiff has failed to give Defendant credit for all monies paid and the alleged balance due and owing is incorrect. 9 60. Denied. After reasonable investigation, the Defendant is without sufficient knowledge or information to ascertain the accuracy of the averments contained in Paragraph 60 and therefore they are denied. By way of further answer, Defendant avers that the Plaintiff has failed to give Defendant credit for all monies paid and the alleged balance due and owing is incorrect. WHEREFORE, Defendant, Panthera Painting, Inc. prays this Honorable Court to dismiss the Complaint of the Plaintiff COUNT VII VIOLATION OF PENNSYLVANIA'S PROMPT PAYMENT ACT 62 P.S. 3901, et seq. (Interstate Aerials v. Panthera) 61. The averments of paragraph 61 require no answer. 62. Admitted. 63. Admitted. 64. Denied. After reasonable investigation, the Defendant is without sufficient knowledge or information to ascertain the accuracy of the averments contained in Paragraph 64 and therefore they are denied. 65. Denied. After reasonable investigation, the Defendant is without sufficient knowledge or information to ascertain the accuracy of the averments contained in Paragraph 65 and therefore they are denied. 66. Denied. After reasonable investigation, the Defendant is without sufficient knowledge or information to ascertain the accuracy of the averments contained in Paragraph 66 and therefore they are denied. 10 67. Denied. After reasonable investigation, the Defendant is without sufficient knowledge or information to ascertain the accuracy of the averments contained in Paragraph 67 and therefore they are denied. 68. Denied. After reasonable investigation, the Defendant is without sufficient knowledge or information to ascertain the accuracy of the averments contained in Paragraph 68 and therefore they are denied. By way of further answer, Defendant avers that the Plaintiff has failed to give Defendant credit for all monies paid and the alleged balance due and owing is incorrect. 69. Denied. After reasonable investigation, the Defendant is without sufficient knowledge or information to ascertain the accuracy of the averments contained in Paragraph 69 and therefore they are denied. 70. Denied. After reasonable investigation, the Defendant is without sufficient knowledge or information to ascertain the accuracy of the averments contained in Paragraph 70 and therefore they are denied. 71. Denied. After reasonable investigation, the Defendant is without sufficient knowledge or information to ascertain the accuracy of the averments contained in Paragraph 71 and therefore they are denied. 72. Denied. After reasonable investigation, the Defendant is without sufficient knowledge or information to ascertain the accuracy of the averments contained in Paragraph 72 and therefore they are denied. 11 WHEREFORE, Defendant, Panthera Painting, Inc., prays this Honorable Court to dismiss the Complaint of the Plaintiff. Dated: June 27, 2014 Respectfully submitted, Christopher P. Furman, Esq. PA ID No. 89822 151 Houston Street Pittsburgh, PA 15223 (412) 512-5367 cpfurman@gmail.com Attorneys for Defendant Panthera Painting, Inc. 12 VERIFICATION The undersigned does hereby verify subject to the penalties of 18 Pa C.S. 4904, relating to unsworn falsification to authorities, and under penalty of perjury, that he/she is President of Panthera Painting, Inc., Defendant, that he/she is duly authorized to make this Verification and that the facts set forth in the foregoing ANSWER are true and correct to be the best of his/her knowledge, information and belief. CERTIFICATE OF SERVICE I do hereby certify that a true and correct copy of the within Answer was served upon counsel of record as listed below, via Electronic Mail on this 27th day of June, 2014. Jason A. Copely, Esq. Anthony M. Bottenfield, Esq. COHEN, SEGLIAS, PALLAS, GREENHALL & FURMAN, P.C. 30 S. 17thStreet, 19th Floor Philadelphia, PA 19103 Email: jcopley@cohenseglias.com Email: abottenfield@cohenseglias.com Attorneys for Plaintiff, Interstate Aerials, LLC Thomas R. Davies, Esq. Jeffrey C. Bright, Esq. HARMON & DAVIES, P.C. 2306 Columbia Avenue Lancaster, PA 17603 Email: tdavies@h-dlaw.com Email: jbright@h-dlaw.com Counsel for Defendants, Fidelity and Deposit Company of Maryland and Zurich American Insurance Company Date:fir CAA,' 471A, Christopher P. Furman, Esquire COHEN, SEGLIAS, PALLAS, GREENHALL & FURMAN, P.C. By: Jason Copley (Attorney ID No. 72774) Anthony M. Bottenfield (Attorney ID No. 208626) 30 S. 17th Street, 19th Floor Philadelphia, PA 19103 (215) 564-1700 • • INTERSTATE AERIALS, LLC : COURT OF COMMON PLEAS Plaintiff, : OF CUMBERLAND COUNTY v. : CIVIL ACTION — LAW PANTHERA PAINTING, INC. • NO. 13-7470 and, • • • FIDELITY DEPOSIT COMPANY OF • MARYLAND • and, ZURICH AMERICAN INSURANCE COMPANY Defendants. • • • MOTION FOR STATUS CONFERENCE Plaintiff, Interstate Aerials, LLC ("Interstate Aerials"), by and through its undersigned counsel, hereby submits this Motion for Status Conference ("Motion"), and in support thereof, states the following: 1. On December 19, 2013, Interstate Aerials instituted this suit by Complaint against Defendants Panthera Painting, Inc. ("Panthera"), Fidelity Deposit Company of Maryland ("Fidelity"), and Zurich American Insurance Company ("Zurich"). 2. On February 12, 2014, Defendants Fidelity and Zurich filed an Answer, Affirmative Defenses, and New Matter. 3. On June 27, 2014, Defendant Panthera filed an Answer. 4. Since the institution of this case, the parties, with the exception of Panthera, have exchanged discovery requests and discovery responses. 5. On December 8, 2014, counsel for Interstate Aerials contacted all counsel of record in this matter by phone to request all parties' concurrence in the filing of the present Motion. 6. Again, on December 14, 2014, counsel for Interstate Aerials emailed all counsel of record in this matter requesting all parties' concurrence in the filing of the present Motion. 7. Despite repeated requests, neither counsel for Fidelity and Zurich nor counsel for Panthera have confirmed their concurrence or nonconcurrence in the filing of this Motion. 8. Interstate Aerials believes that a brief status conference with the Court would be of great benefit to the parties and would facilitate the orderly and timely resolution of this case. Wherefore, Interstate Aerials respectfully requests that the Court grant this Motion, schedule a status conference to discuss the ongoing management of this case to establish a reasonable timeline for all remaining events in this matter, and enter an order in the form attached hereto. COHEN, SEGLIAS, PALLAS, GREENHALL & FURMAN, P.C. By: DATED: December 17, 2014 ason A. Copley Anthony M. Bottenfield Attorneys for Plaintiff, Interstate Aerials, LLC. 2 CERTIFICATION OF SERVICE I hereby certify that I have served a true and correct copy of the foregoing Motion for Status Conference, and the accompanying Memorandum of Law in Support upon the following parties, on December 17, 2014: VIA ELECTRONIC AND REGULAR MAIL Christopher P. Furman, Esq. 151 Houston Street Pittsburgh, PA 15223 Email: cpfurman@gmail.com Counsel for Defendant, Panthera Painting, Inc. VIA ELECTRONIC AND REGULAR MAIL Jeffrey C. Bright, Esquire Harmon & Davies, P.C. 2306 Columbia Avenue Lancaster, PA 17603 Email: jbrightAh-dlaw.com. Counsel for Defendants, Fidelity and Deposit Company of Maryland and Zurich American Insurance Company Anthony M. Bottenfield 3 https://www.campusship.ups.com/cship/create?ActionOriginPair=default PrintWindo... PATRICIA REGAN 0.0 LBS LTR 215 56417001 OF 1 COHEN SEGLIAS 30 S 17TH ST PHILADELPHIA PA 19103 SHIP TO: PROTHONOTARY CUMBERLAND COUNTY COURTHOUSE SUITE 100 1 COURTHOUSE SQUARE CARLISLE PA 17013-3323 }f in is• r{�: nws. •its. siro�: -*ix:. . ;yr : _ to stt . } s.$4 PA 171 9-30 111111111111111111 UPS NEXT DAY AIR TRACKING #: 1Z X33 312 01 9403 7503 BILLING: P/P Client Matter Number: 500420016 IM -.7.7 Reference # 2: Interstate - Panthera CS 16.7.04. WM7E70 57 OA ]0/2074 Sil �� IM iiiiiuiiuui11mmum UPS CampusShip: Shipment Label Thomas R. Davies, Esquire PA I.D. # 35260 Email: tdavies@h-dlaw.com Jeffrey C. Bright, Esquire PA I.D. # 307259 Email: jbright@h-dlaw.com HARMON & DAVIES, P.C. 2306 Columbia Avenue Lancaster, PA 17603 Telephone: 717-291-2236 Facsimile: 717-291-5739 Attorneys for Defendants, Fidelity Deposit Company of Maryland and Zurich American Insurance Company INTERSTATE AERIALS, LLC, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW No. 13-7470 Civil vs. Plaintiff, PANTHERA PAINTING, INC., FIDELITY AND DEPOSIT COMPANY : OF MARYLAND, and ZURICH AMERICAN INSURANCE COMPANY, : Defendants. DEFENDANTS, FIDELITY AND DEPOSIT COMPANY OF MARYLAND'S AND ZURICH AMERICAN INSURANCE COMPANY'S, CONCURRENCE TO MOTION FOR STATUS CONFERENCE In response to the Plaintiff's, Interstate Aerials, LLC's, Motion for Status Conference, filed on or about December 17, 2014, the Defendants, Fidelity and Deposit Company of Maryland and Zurich American Insurance Company, concur with the Motion. Respectfully submitted, HARMON & DAVIES, P.C. y' Date: December /Y, 2014 By: frey C. Bright, Esquire 1 y ,. Thomas R. Davies, Esq., PA I.D. # 35260 Email: tdavies@h-dlaw.com Jeffrey C. Bright, Esq., PA I.D. # 307259 Email: jbright@h-dlaw.com HARMON & DAVIES, P.C. 2306 Columbia Avenue Lancaster, PA 17603 Telephone: 717-291-2236 Facsimile: 717-291-5739 Attorneys for Defendants, Fidelity Deposit Company of Maryland and Zurich American Insurance Company INTERSTATE AERIALS, LLC, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW No. 13-7470 Civil vs. Plaintiff, PANTHERA PAINTING, INC., FIDELITY and DEPOSIT COMPANY OF MARYLAND, and ZURICH AMERICAN INSURANCE COMPANY, : Defendants. CERTIFICATE OF SERVICE I hereby certify that I am this day serving a true and correct copy of the foregoing Defendants Fidelity and Deposit Company of Maryland's and Zurich American Insurance Company's Concurrence to Motion for Status Conference upon the persons and in the manner indicated below, which service satisfies the requirements ofPa. .R.C.P. No. 440: Matthew G. Tom, Esq. COHEN SEGLIAS United Plaza, 9"' Floor 30 South 17th Street Philadelphia, PA 19103 Service by First Class Mail Addressed as Follows: Christopher P. Furman, Esq. 151 Houston Street Pittsburgh, PA 15223 HARMON & DAVIES, P.C. Dated: December /7, 2014 B 4.0 r f DEC 29 PN 3: I .. CUMBERLAND CJUN Y PENNSYLVANIA INTERSTATE AERIALS, LLC, Plaintiff v. PANTHERA PAINTING, INC., FIDELITY DEPOSIT COMPANY OF MARYLAND, and ZURICH AMERICAN INSURANCE COMPANY Defendant Count? e! QCumbtrianb IN THE COURT OF COMMON PLEAS OF THE NINTH JUDICIAL DISTRICT 2013-7470 CIVIL ACTION IN RE: MOTION FOR STATUS CONFERENCE ORDER OF COURT AND NOW, this 29th day of December 2014, upon review the Motion for Status Conference, a STATUS CONFERENCE in the above -captioned matter is hereby scheduled for 30 January 2015 at 11:00 a.m. in the Jury Deliberation Room of Courtroom Six of the Cumberland County Courthouse, Carlisle, Pennsylvania. PLAINTIFF shall effectuate service of this Order of Court upon Defendants. Y THE Di 'ibution List: ✓A hony M. Bottenfield, Esq. opher P. Furman, Esq. ✓Jeffrey C. Bright, Esq. i si s ;.Q/iy Thomas A. Placey C.P.J. INTERSTATE AERIALS, LLC, Plaintiff, vs. PANTHERA PAINTING, INC., FIDELITY and DEPOSIT COMPANY OF MARYLAND, and ZURICH AMERICAN INSURANCE COMPANY, : Defendants. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW No. 13-7470 Civil JOINT MOTION FOR CONTINUANCE OF STATUS CONFERENCE NOW COME the Defendant, Fidelity and Deposit Company of Maryland ("F&D"); the Defendant, Zurich American Insurance Company ("Zurich"); and the Plaintiff, Interstate Aerials, LLC ("Interstate Aerials"), by and through their respective attorneys, and jointly move this Court as follows: 1. Pursuant to a Court Order dated December 29, 2014, a Status Conference is presently scheduled to be held on January 30, 2015 at 11:00 am at the Cumberland County Courthouse. 2. F&D, Zurich, and Interstate Aerials jointly request a continuance of the Status Conference. 3. Counsel for F&D and Zurich requests a continuance because he will be appearing at a trial scheduled to begin at 1:30 pm in the Lancaster County Court of Common Pleas under the case styled Warfel Construction Company v. Exterior Solutions US, LLC, et al., Docket No. CI -14-03784. -r. 4. Counsel for .Interstate Aerials also has a conflict, as he is scheduled to appear in court in Lackawanna County on that same date. 5. Counsel for Defendant Panthera Painting, Inc. concurs in this Joint Motion requesting a continuance. WHEREFORE, F&D, Zurich, and Interstate Aerials respectfully request this Honorable Court to grant this Joint Motion for Continuance and continue the Status Conference to a future date. Respectfully sub.rni.tted, HARMON & DAVIES, P.C. Dated: January .201.5 By: Dated: January. effrey C. Brig t, Esq. PA 1.D. # 307259 Email: jbright@h-dlaw.co.m Thomas R. Davies, Esquire PA I.D. # 35260 Email: tdavies@h-dlaw.com 2306 Columbia Avenue Lancaster, PA 17603 Telephone: 717-291-2236 Facsimile: 717-291-5739 Attorneys for Defendants: Fidelity and Deposit Company of Maryland and Zurich 11117erican Insurance Company COHEN 2015 By: '�-�`"•- �'`�-�--� Anthony M. Bottenfield, Esq. United Plaza, 9th Floor 30 South 171h Street Philadelphia, PA 19103 Telephone: 215-564-1700 Facsimile: 215-564-3066 Email: abottenfield@cohenseglias.com Attorneys for Plaintiff 2 Thomas R. Davies, Esq., PA Email: tdavies@h-dlaw.com Jeffrey C. Bright, Esq., PA I. Email: jbright@h-dlaw.com HARMON & DAVIES, P.C. 2306 Columbia Avenue Lancaster, PA 17603 Telephone: 717-291-2236 Facsimile: 717-291-5739 I.D. # 35260 D. # 307259 Attorneys for Defendants, Fidelity Deposit Company of Maryland and Zurich American Insurance Company INTERSTATE AERIALS, LLC, Plaintiff, vs. PANTHERA PAINTING, INC., FIDELITY and DEPOSIT COMPANY OF MARYLAND, and ZURICH AMERICAN INSURANCE COMPANY, : Defendants. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW No. 13-7470 Civil CERTIFICATE OF SERVICE I hereby certify that 1 am this day serving a true and correct copy of the foregoing Defendants' Motion for Continuance upon the persons and in the manner indicated below, which service satisfies the requirements of Pa. R.C.P. No. 440: Service by First Class Mail and E-mail, Addressed as Follows: Anthony M. Bottenfield, Esq. Matthew G. Tom, Esq. COHEN SEGLIAS United Plaza, 9th Floor 30 South 171h Street Philadelphia, PA 19103 abottenfield@cohenseglias.com mtom@cohensegl ias.com Christopher P. Furman, Esq. 151 Houston Street Pittsburgh, PA 15223 cpfurman@gmai I.com HARMON & DAVIES, P.CC..% Dated: January2015 B y C. Bright, Esq. PO1 FjoN;:;•i, . , 2015 JAS! ! 4 P11 2: 3 I CUMBERLAND D COUNTY PENNSYLVANIA INTERSTATE AERIALS, LLC, Plaintiff v. PANTHERA PAINTING, INC., FIDELITY DEPOSIT COMPANY OF MARYLAND, and ZURICH AMERICAN INSURANCE COMPANY Defendants Count? of Cumbertanb IN THE COURT OF COMMON PLEAS OF THE NINTH JUDICIAL DISTRICT 2013-7470 CIVIL ACTION IN RE: JOINT MOTION FOR CONTINUANCE ORDER OF COURT AND NOW, this 14th day of January 2015, upon review the Joint Motion for Continuance, a STATUS CONFERENCE in the above -captioned matter is hereby scheduled for 13 March 2015 at 10:30 a.m. in the Jury Deliberation Room of Courtroom Six of the Cumberland County Courthouse, Carlisle, Pennsylvania. DEFENDANTS shall effectuate service of this Order of Court upon Plaintiff. BY THE COURT, distribution List: thony M. Bottenfield, Esq. Christopher P. Furman, Esq. -ffrey C. Bright, Esq. tES 721LC_ Vp-iks .=y)] Thomas. Placey C.P.J.