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HomeMy WebLinkAbout14-2861 e Supreme Court of Pennsylvania Court of Common Pleas For Prothonotary Use Only: Civil Cover Sheet Docket No: Cumberland County r 7hc inJonno/ion collcc/cd on this form isascicl soh-Ivjor ccnrr7 adminixrrcuiun purpmc.s. This Jirrrrr clues not . UPP/c•rnettt or rc/Auer thc lilin,}, and.,wrricc 0( or other papers(is rcdtrircd hY law or rule,c o/'roltrt. Commencement of Action: S El Complaint [I Writ of Summons El Petition ❑ Transfer from Another Jurisdiction ❑ Declaration of Taking E C Lead Plaintiff's Name: Lead Defendant's Name: Trindle Station, LLC Springfield Contractors, Inc. T Dollar Amount Requested: ❑within arbitration limits I Are money damages requested? 0 Yes ❑ No (check one) x❑outside arbitration limits O N Is this a Class Action Suit? ❑Yes 0 No Is this an MDJAppeal? ❑ Yes 0 No A Name of Plaintiff/Appellant's Attorney: Paige Macdonald-Matthes, Esquire ❑ . �i„ �. �,, 'il", � ,ii 1{t'lt'.� t.., 11'i 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 snaking more than one type of claim,check the one that you consider most important. TORT(do not include Mass Tart) CONTRACT (do not include Judgments) CIVIL APPEALS ❑ Intentional ❑ Buyer Plaintiff Administrative Agencies ❑ Malicious Prosecution ❑ Debt Collection:Credit Card ❑ Board of Assessment ❑ Motor Vehicle ❑ Debt Collection:Other ❑ Board of Elections ❑ Nuisance ❑ Dept.of Transportation ❑ Premises Liability ❑ Statutory Appeal:Other S ❑ Product Liability(does not include mass tort) E] Employment Dispute: E Discrimination ❑ Slander/Libel/Defamation ❑ Employment Dispute:Other ❑ Zoning Board C ❑ Other: ❑ Other: T I ❑x Other: O MASS TORT Breach of Contract ❑ Asbestos N ❑ Tobacco ❑ Toxic Tort-DES ❑ Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS ❑ Toxic Waste ❑ Ejectment E] Common Law/Statutory Arbitration ❑ Other: ❑ Eminent Domain/Condemnation ❑ Declaratory Judgment B ❑ Ground Rent ❑ Mandamus ❑ Landlord/Tenant Dispute ❑ Non-Domestic Relations ❑ Mortgage Foreclosure:Residential Restraining Order PROFESSIONAL LIABLITY ❑ Mortgage Foreclosure:Commercial ❑Quo Warranto ❑ Dental ❑ Partition ❑Replevin ❑ Legal ❑ Quiet Title ❑Other: ❑ Medical ❑ Other: ❑ Other Professional: Updated 1/1/2011 _F�� tlf' �f " THE PRO THVil r,;` OBERMAYER REBMANN MAXWELL & HIPPEL, LLP �14 MAY 12 AM H Q 1 Paige Macdonald-Matthes, Esquire Supreme Court ID No. 66266 CU BERL Y1t4D IAS f Y 200 Locust Street, Suite 400 Harrisburg,PA 17101 (717) 234-9730 Telephone (717) 234-9734 Facsimile Email.pmm(d),obermayencoin. Attorneys for Plaintiff, Trindle Station, LLC TRINDLE STATION,LLC IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY,PENNSYLVANIA PLAINTIFF, c DOCKET No.: q, • � � V. SPRINGFIELD CONTRACTORS,INC., DEFENDANT. 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 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 ABOUT AGENCIES THAE A LAWYER, THIS OFFICETMAYOFFS R LEAY BE ALE GAL PROVIDE YOU WITH INFORMATION SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Carlisle, PA 17013 � •�j (717) 249-3166 /U5 �< al 4821869 AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar acci6n dentro de los pr6ximos veinte (20) dias despu6s de la notificaci6n de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar acci6n como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier surra de dinero reclamada en la demanda o cualquier otra reclamaci6n o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. Sl USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 2 4821869 OBERMAYER REBMANN MAXWELL & HIPPEL, LLP Paige Macdonald-Matthes, Esquire Supreme Court ID No. 66266 200 Locust Street, Suite 400 Harrisburg, PA 17101 (717) 234-9730 Telephone (717) 234-9734 Facsimile Email.pmmaobernrayer.com Attorneys for Plaintiff, Trindle Station, LLC TRINDLE STATION,LLC IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY,PENNSYLVANIA PLAINTIFF, DOCKET No.: V. SPRINGFIELD CONTRACTORS,INC., DEFENDANT. PLAINTIFF'S COMPLAINT AND NOW,•comes Plaintiff, Trindle Station, LLC by and through its counsel, Obermayer Rebmann Maxwell &Hippel, LLP, and files its Complaint against Defendant, Springfield Contractors, Inc., and in support thereof avers as follows: Parties 1. Plaintiff, Trindle Station, LLC (hereinafter"Plaintiff') is a Pennsylvania limited liability company having its principal place of business located at 832 Tamanini Way, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. Defendant, Springfield Contractors, Inc. (hereinafter"Defendant") is a Pennsylvania corporation with a principal place of business located at 290 Seaks Run Road, Glen Rock, Pennsylvania 17327. 3 4821869 Jurisdiction and Venue 3. This Court has jurisdiction over the Parties and the subject matter of this litigation pursuant to 42 Pa. C.S. §931. 4. Venue is appropriate in this Court of Common Pleas of Cumberland County, Pennsylvania for the following reasons: a. Pursuant to Pa. R.C.P. 1006(a)(1) in that it is the county in which the cause of action arose; the contract in question has a venue provision mandating that any cause of action arising under the contract shall be exclusively in the state courts located in the County of Cumberland, Pennsylvania; and b. Pursuant to Pa. R.C.P. 2179 as Plaintiff s causes of action against Defendants arise out of Defendants' business transactions which took place in and about Cumberland County. Background The Project Contract 5. On or about October 20, 2010, Defendant sent the Project Owner, Plaintiff, Trindle Station a proposal to perform site improvements for the Project, including but not limited to general earthworks and laying of utility lines. A true and correct copy of the October 20, 2010 Proposal is attached•hereto and is marked as Exhibit"A". 6. As Plaintiff was merely the Project Owner and is not a General Contractor, Plaintiff requested that its General Contractor, Tamanani & Company, LLC to review Defendant's October 20, 2010 Proposal. 4 4821869 7. The October 20, 2010 Proposal was reviewed by Plaintiff Tamanini & Company in its capacity of General Contractor for Plaintiff Trindle Station, LLC. Tamanini & Company, LLC is hereinafter referred to as "General Contractor". 8. On November 3, 2010, following the review of the October 20, 2010 Proposal by its General Contractor, Plaintiff entered into an AIA Contract with Defendant. A copy of the same AIA Contract is attached hereto and is marked as Exhibit `B". 9. The October 20, 2010 Proposal is referenced in the AIA Contract dated November 3, 2010 in both Article I of the AIA Contract by the use of the plural "Contract Documents" (Emphasis added), and in Article 6 and Article 7. 10. At all times relevant, Defendant knew that Tamanini & Company was the General Contractor on the Project as is evidenced by the Statement that Defendant sent to Plaintiff attached hereto as Exhibit"C" [Statement attached to Mechanics' Lien Claim which was mailed to 832 Tamanini Way] and the print out attached hereto as Exhibit "D" from the Pennsylvania Department of State Corporation Bureau indicating that the name and address that the Defendant sent the statement to is the same name and address that is registered for the General Contractor on the Project. Defendant's Failure to Perform Pursuant To The Terns of the Contract 11. Between November 9, 2010 and April 19, 2011, timely payments of Defendant's properly submitted Payment Applications 1 through 4 were made to Defendant. The total amount of payments made to Defendant for Payment Applications 1 through 4 was $101,935.08. True and correct copies of Payment Applications 1 through 4 are attached hereto and are collectively marked as Exhibit "E". 5 4821869 12. In or about May 2011, Defendant proposed a redesign of the storm sewer system design for the Project claiming that their"redesigned plan"would save money with less rock removal and pipe costs. At the time of its proposal, Defendant was specifically told by both Plaintiff's managing member, Frank Tamanini and by the Project General Contractor that any change it made would have to be approved by Monroe Township's Engineer, as well as the Project Engineer, Alpha Consulting Engineers (hereinafter"Project Engineer"). 13. Upon information and belief, Defendant met with the Project Engineer sometime later in May 2011 and asked the Project Engineer to prepare their redesigned plan for Township submission. 14. Contrary to the terms of the Project Contract, specifically Article 13, Defendant failed to submit a proper Change Order for its proposed revision to the storm sewer plans. 15. Defendant's Vice President, Matt Eyster(hereinafter"Eyster") admitted during his sworn deposition on October 9, 2013 Defendant failed to comply with Article 13 in that Defendant failed to obtain a proper change order for its revision to the storm sewer plans prior to making such revisions and performing the revised scope of work. A true and correct copy of the relevant deposition pages are attached hereto as Exhibit"F". 16. Between May 2011 and August 2011, Defendant continued to be paid on its properly submitted payment applications, specifically Applications 5 through 7, totaling $50,376.63. True and correct copies of Payment Applications 5 through 7 are attached hereto and are collectively marked as Exhibit"G". 17. On or about July 25, 2011, Defendant's General Contractor received a Change Order request(hereinafter"COI") from Defendant regarding a request for assistance with rock it encountered on the site and included in the Contract in the sum of$20,850.00 despite the fact 6 4821869 that Defendant was required to take field measurements of any existing conditions relating to that portion of the work and was further required to observe any conditions at the site affecting it per Article 9, § 9.1.2 of the Contract. See Exhibit"H".1 18. Upon the receipt of Defendant's COI, Defendant was reminded until such time that Plaintiff received a proper change order for the stormwater revisions, and further until such time that the storm sewer system revisions that Defendants had made were approved by the Township, Plaintiff would not sign CO1. 19. Due to an office oversight, the amount reflected in COI ($20,850.00) was paid to Defendant in error on about August 2011. 20. On September 2, 2011, Defendant submitted an Application for Payment, Payment Application No. 8 in the sum of$66,303.51, which sum included the amount set forth in CO1. Plaintiff paid Defendant the sum of$24,603.51 which represented what was owed less the amount Defendant included for CO1. See Exhibit"I." 21. In September 2011, Defendant proceeded to install inlets I-809 and I-810 in accordance with its own re-designed specification without the benefit of a signed Change Order, and further without the knowledge and approval of the Township Engineer and the Project Engineer. 22. On October 1, 2011, Defendant submitted yet another payment application, Application No. 9, which again included the amount requested by Defendant in CO 1. Again, Plaintiff refused to pay the sum of$20,850.00 as Defendant had still failed to secure the requested approvals for the redesigned sewer system and further failed to provide written assurance to Plaintiff that they would be solely responsible for the costs associated with the Plaintiff eventually signed COI on October 19,2011,as discussed herein. 7 4821869 redesign, including but not limited to engineering costs. A true and correct copy of Application No. 9 is attached hereto as Exhibit "J". 23. On October 19, 2011, an email was sent to Defendant's President Rod Krebs (hereinafter"Krebs"), the owner of Defendant bringing to his attention the fact that Defendant failed to obtain the prerequisite approvals of Defendant's "redesign" and further reminding him of his previous agreement to be responsible for all costs associated with the same. A true and correct copy of the October 19, 2011 email is attached hereto as Exhibit "K". 24. On October 28, 2011, Defendant contacted the Township's Inspector and requested that he review its installation of the storm sewers at the Project site. The Township Engineer advised Defendant in writing that that the"installation was made without approval of the redesign and therefore was subject to correction." See Exhibit "L". 25. On November 2, 2011, Defendant contacted the Township's Inspector and requested that he review its installation of the storm sewers at the Project site. The Township Engineer advised Defendant in writing that that the"installation was made without approval of the redesign and therefore was subject to correction." See Exhibit"M". 26. On or about November 1, 2011, Defendant submitted yet another payment application, Application No. 10 which included a charge of$5,112.50 for"work completed due to changes to the approved plans to raise the storm system." This work was never approved by Plaintiff, nor was it approved by the Project Engineer or Township Engineer contrary to Defendant's representations. Thus, Defendant was not paid on this Application. A true and correct copy of Application No.10 is attached hereto as Exhibit"N". 27. Following the issuance of the Inspection Reports, Plaintiff, together with its General Contractor and Project Engineer conducted lengthy meetings with Defendant in an 8 4821869 attempt to remedy the unapproved work so that Plaintiff's General Contractor could complete the curbs and streets and public utilities in the section of the Project site that the unauthorized work had been done in. 28. On November 10, 2011, Defendant sent a Statement to Tamanini reflecting a "Total Amount Due" of$63,451.86. See Exhibit"O". 29. On Monday, December 12, 2011, Plaintiff sent a letter to Defendant memorializing its position vis-a-vis the unauthorized changes to the storm sewers, as well as reiterating its need for Defendant to make the required corrections so that the General Contractor could proceed with the installation of the curbs, street, and public utilities in that section of the Project site. A true and correct copy of the December 12, 2011 letter is attached hereto as Exhibit 30. On Friday, December 16, 2011, Defendant advised Plaintiff through its legal counsel that the contract was "terminated in light of the fact that there were"overdue invoices" in the amount of$63,451.86." See Exhibit"Q". 31. As a direct and proximate result of Defendant's refusal to perfonn the corrective work necessary to satisfy the township, Plaintiff had to request that its engineer to prepare set of revised plans for Township approval. 32. As a direct and proximate result of Defendant's refusal to perfonn the corrective work necessary to satisfy the township, Plaintiff had to hire another contractor to perform the work that Defendant was required to perfonn under the terns of the Parties' original contract. 33. On April 11, 2012, Defendant unlawfully filed a series of Mechanics' Lien Claims against six townhouse units in the Project. i 9 4821869 34. On May 24, 2012, Plaintiff received a letter from the Township's Engineer in support of the final revision to the Alternate Storm Water Plan that Plaintiff had to submit as a direct and proximate result of Defendant's unilateral decision to deviate from the approved plans without prior authorization and/or approval from the Township. The Township's approval was subject to a number of conditions that are now necessitated by Defendant's unilateral actions. Those conditions are set forth in Section II of the letter, a copy of which is attached hereto and is marked as Exhibit "R". COUNT I- BREACH OF CONTRACT 35. The averments set forth in paragraphs 1 through 34 are incorporated by reference as if more fully set forth at length herein. 36. Pursuant to the terms of the Parties' Contract, specifically the October 20, 2010 Proposal, Defendant specifically represented that "all work shall be in accordance with the township specifications and [the Final Subdivision Plan, Sheets 1-17 dated January 29, 2008, last revised April 13, 2010]. See Exhibit"A". 37. As is evidenced by the Inspection Reports dated October 28, 2011 and November 2, 2011, Defendant failed to perform the work in accordance with township specifications. Indeed, to the contrary, the Inspection Reports clearly indicate the fact that the work done by Defendant was NOT done in accordance with Township specifications and/or Township approved design plans. See Exhibits "L" and "M". 38. Despite repeated and numerous requests that Defendant comply with the Contract terms and properly obtain the necessary approvals for its unilateral detennination to change the design for the storm sewers, Defendant willfully and deliberately refused to obtain said approvals prior to instituting its "revised"plans. 10 4821869 39. Defendant proceeded with the implementation of its unilateral design change without the benefit of(a) an approved change order required by Article 13 of the Contract; (b) approval from the Project engineer; and (c) approval from the Township's engineer. 40. Despite repeated and numerous requests that Defendant take the steps outlined by the Township to correct the problems associated with their un-approved deviation from the Township approved plans in accordance with Article 18 of the Contract, Defendant failed to take the corrective measures identified by the Township in direct violation of Article 18 of the Contract as well as Article 9, Section 9.4 of the Contract. 41. Defendant has admitted, through the sworn deposition testimony of Defendant's President Krebs that it proceeded with the implementation of its unilateral design change despite the fact that Defendant did not possess the requisite knowledge or skills necessary to re-design and implement a storm sewer system. See N.T attached hereto as Exhibit "S" 42. As a direct and proximate result of Defendant's unilateral decision to deviate from the Township's approved plans and specifications (again in violation of the specific terms of the October 20, 2010 Proposal, Defendant has incurred the following damages: a. Direct Costs for Alpha Engineers to Prepare Re-Design Plans- $18,350.002 b. Monroe Township Engineer's Review of Plans- $5,156.083 c. Estimated Costs to Prepare Easement Agreement $1,000.00 d. Estimated Cost to remove the inlet, pipe and two endwalls $2,500.00 And remove topsoil and fill in the Springfield installed swale. e. Estimate to Complete Alternate Plan per 5/25/2012 $19,545.004 Township Letter ''See Exhibit"T". 3 See Exhibit"U" NOTE: Plaintiff anticipates the receipt of an additional invoice for at least$1,000.00. 4 See Exhibit"v". 11 4821869 ESTIMATED SUBTOTAL $46,551.08 43. In addition to the damages suffered by Plaintiff outlined in paragraph 42 hereinabove, Plaintiff will now suffer an additional loss in the form of the injury to Lot #112 which will now have storm water easements across the front, side and rear portions of the same. The estimated loss of value of this Lot#112 is $110,000.00 as per the Appraisal dated May 14, 2013. A copy of the May 14, 2013 appraisal is attached hereto and is marked Exhibit "W". 44. Defendant's failure to perform the work in accordance with Township specifications was caused by Defendant's own negligent acts and/or omissions, thereby subjecting Defendant to having to reimburse Plaintiff's attorney's fees and expenses pursuant to Article 9, Section 9.15 of the Contract. 45. Eyster has admitted during his October 9, 2013 Deposition that pursuant to Section 8.3 of the Parties' Contract that if Defendant defaults or neglects to carry out the work in accordance with the contract documents, that the Owner has the right to correct the deficiencies and deduct the reasonable costs thereof, including the owners expenses and compensation for engineer's services made necessary thereby from the payment then or thereafter due the contractor. See N.T. 111-112 attached hereto as "X". (Emphasis added). Eyster further admitted during his deposition that Springfield deviated from the contract document and further that Springfield has nothing that constitutes a contract modification (as that term is defined by Contract). Id. 46. Krebs made the same admissions as Eyster did (as set forth in Paragraph 45) during his deposition on November 9, 2012 (N.T. 116), a copy of which is attached hereto as Exhibit "Y". 12 4821869 i WHEREFORE, Plaintiff, Trindle Stations, LLC, respectfully requeststhat this Honorable Court enterjudgment-in its favor and•against Defendant in an amount not less than I . $157,000, togetherwith counsel fees and costs*provided for by the Parties Contract, and further award Trindle Station, LLC all such other relief as is proper and just. -)e pectfully�submitted; Obermayer-Rebmann,Maxwell &Hippel, f LLP i Date: May 12, 2014 ,`� ,,,��Q,� Paige Macdonald=Matthes, Esquire _Aftorney I.D. #66266 200.Locust Street i Harrisburg, PA 17101 .f 1 Telephone '(717) 221, x,1609 Facsimle: .(717) 234'0734 Attorneys for Plaintiff, Trindle Station, LLC f f I I I ' I I i f i i . I I I I ( 13 4821869 CERTIFICATE OF SERVICE I, Paige Macdonald-Matthes, Esquire, counsel for the Plaintiff, Trindle Station, LLC, hereby certify that on this 12t1i day of May, 2014, I served a true and correct copy of the Plaintiff's Complaint via U.S. First Class Mail, Postage Paid on the following: L.C. HEIM,ESQUIRE 345 E MARKET STREET YORK PA 17403 COUNSEL FOR DEFENDANT, SPRINGFIELD CONTRACTORS,INC. Paige Macdonald-Matthes, Esquire 4821869 EXHIBIT A 290 Seaks Run Road•Glen Rock,PA 17327-9594 - . phone: 717.235.6830 • fax: 717.235.0101 • - • • - October 20,2010 Frank Tamanini Trindle Station LLC -5245-E-.-T indle-R-aad- Y 3 a T;f-MA-N av► Mechanicsburg, PA 1705X-G- RE: Trindle Station Phases 2,Section 2 Monroe Township,Cumberland County Dear Mr.Tamanini: We are pleased to submit this proposal to complete the following listed site improvements for Phase If of Trindle Station. Our proposal includes all labor,equipment and material to perform the work described herein. All work shall be in accordance with the township specifications and the following Title Sheet No. Date Last Revision Final Subdivision Plan 1-17 of 17 1/29/2008 04/13/2010 ## PART A - TEMPORARY E& S CONTROLS IM-1 MM # DESCRIPTION QTY. I UNIT UNIT PRICE TOTAL.PRICE 1 1$"SILT SOXX 5431 LF 5.50 2,986.50 2 24"SILT SOXX 4731 LF 8.80 4,162.40 3 INLET PROTECTION SACK 13 EA 21.40 278.20 4 SEED AND MULCH 1 LS 3395.00 3,395.00 5 SEDIMENT TRAP#1 1 EA 2820.00 2,850.00 6 CLEAN OUT 1 EA 74.00 74.00 7 AASHTO #57 STONE FILTER 1 EA 465.00 465.00 8 PLYWOOD RISOR 1 EA 85.00 85.00 CLEARING&GRUBBING 1 _L 5308.00 5,308.00 SUBTOTAL PART A: $19,604.1-0 1T www.springcon.com e ## PART B -STORMWATER MANAGEMENT # DESCRIPTION QTY. UNIT UNIT PRICE TOTAL PRICE 1 SEDIMENT BASIN 3 1 LS 28188.00 28,188.00 2 OUTLET STRUCTURE OS D2 1 LS 3845.00 3,845.00 3 FAIRCLOTH SKIMMER ASSEMBLY 1 LS 1215.00 1,215.00 4 PLYWOOD RISOR 1 LS 99.00 99.00 5 STONE BERM&DEWATER TO OS D2 1 EA 486.00 466.00 61 BAFFLE metal osts& eotextlles 160 LF 21.20 3,392.00 7 SPILLWAY P300 BASIN A 1 LS 230.00 230.00 8 ANTI-SEEP COLLAR BASIN A 2 EA 608.00 1,216.00 9 CLAY CORE 1 LS 183.00 183.00 10 CLEANOUT STAKE BASIN A 1 EA 75.00 75.00 11 15"DIA HDPE, 0'TO 6'DEPTH 234 LF 21.48 5,026.32 12 18"DIA HDPE 0'TO 6'DEPTH 140 LF 25.39 3,554.60 13 30"DIA HDPE, 0'TO 6'DEPTH 367 LF 39.79 14,602.93 14 30" DIA HDPE 10'TO 12' DEPTH 116 LF 43.40 5,034.40 15 30"DIA HDPE, 12'TO 14' DEPTH 931 LF 56.58 5,261.94 16 36"DIA HDPE, 0'TO 6'DEPTH 306 LF 51.93 15,890.58 17 .48"DIA HDPE, Y TO 6'DEPTH 38 LF 77.29 2,937.02 18 29"x 42"CMP 0'TO 6'DEPTH. 487 LF 55.26 26,911.62 19 SELECT BACKFILL IN TRENCH 980 T 6.18 6,056.40 20 2'x4'TYPE M INLET 1 EA 1781.00 1,781.00 21 2'x4'TYPE C INLET 7 EA 1446.00 10,122.00. 22 3'x4'INLET w/2'x4'TOP TYPE C 3 EA 2296.00 6,888.00. 2314'x4'BOX w/2'x4'TOP TYPE C 3 EA 2515.00 7,545.00 25 2'x6'BOX w/ TYPE M TOP 2 EA 1755.00 3,510.00 26 STORM MANHOLE 4'x4' 3 EA 2064.00 6,192.00 27 STORM MANHOLE 4'x6' 2 EA 2390.00 4,780.00 26 PRECAST ENDWALLS 2 EA 1710.00 3,420.00 29 15"DIA HDPE END SECTION 1 EA 409.00 409.00 30 RIP-RAP APRON 3 EA 1165.00 3,495.00 SUBTOTAL PART B: . $172,346.81 ## PART C- SITE EXCAVATION # DESCRIPTION QTY. UNIT UNIT PRICE TOTAL PRICE 1 STRIP TOPSOIL 851 CY 1.05 893.55 2 SITE GRADING 1 LS 35484.08 35,484.08 3 REPLACE TOPSOIL 851 CY 1.70 1,446.70 SUBTOTAL PART C. $37;824.33 ## PART D- SANITARY SEWER DESCRIPTION QTY. UNIT UNIT PRICE TOTAL PRICE 1 8"=R3 6'TO 8' 346 LF 17.37 6,010.02 2 8"SD5 8'TO 10' 18 LF 20.05 360.90 3 8"SDR 35 10'TO 12' 70 LF 23.05 1,613.50 4 6"SDR 35 LATERALS 484 LF 27.20 13,164.80 5 8"X6"WYE&6"BEND 18 EA 81.50 1,467.00 6 6"CLEANOUT ASSEMBLY 18 EA 85.00 1,530.00 7 48"PRECAST CONCRETE MANHOLE 2 EA 1986.00 3,972.00 8 CONNECT TO EXISTING STUB 1 EA 181.00 181.00 9 SELECT BACKFILL IN DITCH 453 T 6.18 2,799.54 10 TESTING 1 LS 545.00 545.00 11 SET MAN HOLE LID AND COVER 3 EA 185.00 555.00 SUBTOTAL PART D: $32;.19 ,76 TOTAL AMOUNT FOR PARTS A THROUGH D............ r� . $2:61,974:002 Without intending to limit,the following items are not included: 1 .Permits,testing and inspection fees 2 . Compaction testing. SCI will meet reasonable compaction requirements as long as testing is performed and results provided while fill is being placed. SCI is not responsible for poor existing soil conditions. 3 . Removal or disposal of contaminated.material 4 . Concrete sidewalks,curbs& streets 5 .Estimated cost to dig&install the water,electric, phone&cable : $ (no design) ��-�d�rrt-c3f�mat�al-te%from-sites 7 . Maintenance or removal of temporary erosion controls 8 . Landscaping 9 Street Trees 10 . Stakeout 11 . Conversion of sediment basin This proposal shall remain firm for 15 days. Please call with any questons. Thank you for your consideration; we look forward to working with you on this project. Respectfully submitted, ACCEPTED: 4ME4yyst�er F L--- 7 iA-M+/o i V--' Vice President "�`,2► ++L D L� `�tTi�N� yr L. EXHIBIT B #-.irAIA Document A1 07'0 - 2007 Standard Form of Agreement Between Owner and Contractor for a Project of Limited Scope AGREEMENT made as of the 3rd day of November in the year 2010 (In vwrds, indicate day,month and year.) ADDITIONS AND DELETIONS: The author of this document has BETWEEN the Owner: added information needed for its (Name, legal status,address and other information) completion.The author may also y have revised the text of the original _ AIA standard form.An Additions and Deletions Report that notes added information as well as revisions to the Telephone Number:"717-766-7800 standard form text is available from the author and should be reviewed.A and the Contractor: vertical fine in the left margin of this (Name,legal status,address and other information) document indicates where the author has added necessary information and where the author has added to or deleted from the original AIA text. '•'t This document has important legal Telephone Number:717-235=6830 consequences.Consultation with an attorney is encouraged with respect for the following Project: to its completion or modification. (Name,location and detailed description) Trindle Station Section 2 of Phase H Monroe Township Cumberland County,Pennsylvania The Engineer: (Name,legal status, address and other information) Alpha Consulting Engineers.Inc 115 Limekiln Rd. New Cumberland,Pa 17070 Telephone Nuinber:717-770-2500 The Owner and Contractor agree.as follows. Init. AIA Document A107-—2007.CopyrightO 1936,1951,1958,1961,1963,1966,1970,1974,1978.1987.1997 and 2007 by The American institute of Architects. All rights reserved.WARNING:This AIO Document is protected by U.S.Copyright Law and International Treaties.Unauthorize distribution of this Ale Document,Or any Portion of it,may result in severe civil and criminal penalties,and will be prosecute EX / possible under the law.This document was produced by AIA software at 13:28:11 on 11/03/2010 under Order No.8729070870 1 whi A and is not for resale. User Notes: a TABLE OF ARTICLES 1 THE WORK OF THIS CONTRACT 2 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 3 CONTRACT SUM 4 PAYMENT 5 DISPUTE RESOLUTION 6 ENUMERATION OF CONTRACT DOCUMENTS 7 GENERALPROVISIONS 8 OWNER 9 CONTRACTOR 10 ARCHITECT 11 SUBCONTRACTORS 12 CONSTRUCTION-BY OWNER OR BY SEPARATE CONTRACTORS 13 CHANGES IN THE WORK 14 TIME 15 PAYMENTS AND COMPLETION 16 PROTECTION OF PERSONS AND PROPERTY 17 INSURANCE 9.BONDS 18 CORRECTION OF WORK 19 MISCELLANEOUS PROVISIONS 20 TERMINATION'OF THE:CONTRACT 21 CLAIMS AND DISPUTES ARTICLE 1 THE WORK OF THIS CONTRACT The Contractor shall execute the Work described in the Contract Documents,except as specifically indicated in the Contract Documents to be the responsibility of others. ARTICLE 2 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION § 2.1 The date of commencement of the Work shall be the date of this Agreement unless a different date is stated below or provision is trade for the date to be fixed in a notice to proceed issued by the Owner. (Insert the date of commencement,if it differs from the date of this Agreement or, if applicable,state that the date will be fired in a notice to proceed.) AIA Document A107-—2007.Copyright®1936,1951.1958,1961,1963,1966,1970,1974,1978,1987.1997 and 2007 by The American Institute of Architects. Init All rights reserved.WARNING:This AIA Document Is protected by U.S.Copyright Law and International.Treaties.Unauthorized reproduction or 2 distribution of this AIA7 Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent t possible under the law.This duc,unlet was pioduced by AIA software at 13:28:11 on 11/03/2010 under Order No.8729070870_1 which expires on 1011312011, and is not for resale. User Notes: (725828202) § 2.2 The Contract Time shall be measured from the date of commencement. ` § 2.3 The Contractor shall achieve Substantial Completion of the entire Work not later than ( 150 )days from the date of commencement,or as follows: (Insert number of calendar days.Alternatively, a calendar date may be used when coordinated with the dateof �Q commencement.If appropriate,insert requirements for earlier Substantial Completion of certain portions of the Work.) � K ! Portion of Work... . Substantial Completion Date One hundred percent(100%) March 30P-2010 subject to adjustments,of this Contract Time as provided in the Contract Documents. (Insert provisions,if arty for liquidated damages relating to failure to achieve Substantial Completion on time or for bonus payments for early completion of the Work.) ARTICLE 3 . CO NTP § 3:1-The Owner shall pay the Contractor the Contract Sum in current funds for the Contractor's performance of tfie Contract.The Contract.Sum.shidl be one of the following: (Check the appropriate box:)_ [ X J Stipuhited:Sum,in accordance with Section 3.2 below [ J Cost of the.Work plus the Contractor's Fee,in accordance with Section 3.3 below [ ] Cost of the Work plus the Contractor's Fee with a Guaranteed Maximum Price,in accordance with Sectiion 3.4 below (Based on the selection above,complete.Section 3.2,3.3 or 3.4 below) § 3.2 The Stipulated.Sum shall be:ta/o hundred sixty two thousand ($262,000.00 ),subject to additions and deductions'as provided"m the Ctinttact Documents. § 3.2.1 The Stipulated Sum is based upon the following alternates,if any,which are described in the Contract Documents and are hereby.acctpte3 by:ihe Owner: (State-Ike numbers or.=othe"r identt�'cation of accepted alternates.If the bidding or proposal documents permit the Owner to accept other alternates subsequent to the execution of this Agreement attach a schedule of such other alternates showing the.am"nt for each and the date when that amount expires.) § 3.2.2 Unit prices,if.any. (Identify and state the unit price,and state the quantity limitations, if any, to which the unit price will be applicable:) Item Units and Limitations Price Per Unit($0.00) See proposal § 3.2.3 Allowances included in the stipulated sum,if any: (Idents allowance and state exclusions, if any,from the allowance price.) Item Allowance AIA Document A110711-2007.Copyright®1936,1951,1958,1961,1963,1966,1970,1974,1978,1987,1997 and 2007 by The American InsGtd18 bt Architects. Init. All rights reserved.WARNING:This AIA®Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or 3 distribution of this Ale Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the niaximum extent t possible under the law.This document was produced by AIA software at 13:20:11 on 11/03/2010 under Order No.0729070870_1 which expires t!n 10113/2011, and is not for resat-2. User Notes: (725828202) (Paragraphs deleted) .. § 3.4.13 UnitMces,if any: (Idents and state the-unit price,and state the quantity limitations,if any,to which the unit price will be applicable.) Item Units and Limitations Price Per Unit(1;0.00) See proposal (Paragraphs deleted) (Table deleted .(Paragraphs deleted): . ARTICLE'4. PAYMENTS § 4.1.PROGRESS'PAYMENTS § 4.1'A Based upon Applications for Payment submitted to the Engineer and Owner by the Contractor and Certificates for Payment.issued by the;Engineer and or Owner,the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided below and elsewhere in the Contract Documents.(See proposal attached) § 4.11 The period covered by each,4pplicatiaa for Payment shall be one calendar month ending on the last day of the month,or as follows: § 4,1:3 Provided that an Applicatiori'forPayment is received by the Engineer and Owner not later than the last day of a month,the Owner shall make payment of the certified amount to the Contractor within thirty(30)days from the data of application .If an Application for Payment is received by the Engineer after the date fixed above,payment shall be made by the Owner not later than thirty (30 days after the Engineer receives the Application for Payment. (Provided application is submitted and approved by township engineer two weeks prior to Board of Supervisors Meeting). (Federal,state or local laws may require payment within a certain period of time.) § 4.1.4 Retainage,-'if any,shall be withheld as follows:None § 4.1.5 Payments due and unpaid under the Contract shall bear interest from the date payment is due at the rate stated below,or in the absence thereof,at the legal rate prevailing from time to time at the place where the Project is located. (Insert rate of interest agreed upon, if any.) 1 month Init. AIA Document A107——2007.Copyright®1936,1951,1958,1961,1963,1966,.1970,1974,1978,1987,1997 and 2007 by The American Institute of Architects. All rights reserved.WARNING:This Ale Document is protected by U.s_copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent 4 / possible under the low.This document was prnAnrnd by AIA software at 13:28:11 on 11/0312010 undor Order No.8729070070 1 which a�piies un 10/13/2011. and is not for resale. — User Notes: (725828202) § 4.2 FINAL PAYMENT § 4.2.1 Final payment,constituting the entire unpaid balance of the Contract Sum,shall be made by the Owner to the Contractor when .1 the Contractor has fully performed the Contract except for the Contractor's responsibility to correct Work as provided in Section 18.2,and to satisfy other requirements,if any,which extend beyond fifidl payment; .2 the contractor has submitted a final accounting for the Cost of the Work,where payment is on the basib of the Cost of the Work with or without a guaranteed maximum price;and .3 a final Certificate for Payment has been issued by the Engineer. § 4.2.2 The Owner's final.payment to the Contractor shall be made no later than 30 days after the issuance of the Engineer's final Cert'ific`ate for Payment,or as follows: ARTICLE.5. .DISPUTE:RESOLUTION § 5.1 BINDING DISPUTE;RESOLUTION For any claim subject to,.tiiituQt resolved by,mediation pursuant to Section 21.3,the method of binding dispute resolution shall be as follows: (Check the appropriate.boz..If the Owner and Contractor do not select a method of binding dispute resolution beldw. or do not subsequently ati ee in Writing to a binding dispute resolution method other than litigation,claims will be resolved in a.court of competent jurisdiction) [ X J Arbitration pursuant to Section 21.4 of this Agreement [ J Litigation in a court of competent jurisdiction [ ] Other:(Specifv) ARTICLE 6 ENUMERATION OF CONTRACT DOCUMENTS §'6.1 The ContractDociiatents aredefined in Article 7 and,except for Modifications issued after execution of this Agreement,are.enumerated in the scot ons below. §.6.1.1 The Agreement is this executed AIA Document A 107-2007,Standard Form of Agreement Between Ownti- and Contractor for a Project of:limittd.Scope. § 6.1.2 The.Supplementary and othei.Conditions of the Contract: Document Title Date Pages Springfield Contractors 10/20/2010 3 Inc.Proposal to comlete site improvements Sec.2 of Phase II Trindle Station.Monroe I Township Cumberland County,Pa § 6.1:3 The Specifications: (Either list the Specifications here or refer to an exhibit attached to this Agreement) Section Title Date Pages I Monroe township Specifications AIA Document A107-—2007.Copyright O 1936.1951,1958,1961,1963,1966,1970,1974,1978,1987,1997 and 2007 by The American Institute of Architects. Init All rights reserved.WARNING:This AIA°Document Is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or 5 distribution of this A10 Document,or any portion of It,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent / possible under the law.This document was produced byAiA software at 13:28:11 on 11/03/2010 under Order No.8720070870_1 which expires on 10/13/2011, and is not for resaie. User Notes: (725828202) § 6.1.4 The Drawings: (Either list the Drawings here or refer to an exhihit attached to this Agreement) Number Title Date I Trindle Station Section 2 April 13,2010 ` of Phase H—Plan 1-17 §6.1.5 The Addenda,if any: Number Date Pages Portions of Addenda relating to bidding requirements are not part of the Contract Documents unless the bidding requirements are eaunierated in this Article 6. § 6.1.6 Additional documents;.if any,forming part of the Contract Documents: (Paragraph deleted) .2 AIA DocumentE201'rm-2007,Digital Data Protocol Exhibit,if completed,or the following: X E&S:.Section 2 of Phase A dated 1/16(2008 .3 Other documents:- ('List here.arry iadditimud documents that are intended to form part of the Contract Documents) ARTICLE 7 GENERAL;PROVISIONS §7.1 THE CONTRACTDO:df1MENTS The Contract Documdhts are enumerated in Article 6 and consist of this Agreement(including,if applicable, Supplementary and other Conditions of the Contract),Drawings,Specifications,Addenda issued prior to the execution of this Agreement,other documents listed in this Agreement and Modifications issued after execution of this Agreement.AM . ciationisl a*.itten amendment to the Contract signed by both parties,(2)a Change Order, (3)a Construction Change Directive: oi(4)a written order for a minor change in the Work issued by the Engineer. Me intent of the Contract Documents`is to include all items necessary for the proper execution and completion of the . Work by the Contractor: § 7.5 OWNERSHIP AND USE OF DRAWINGS, SPECIFICATIONS AND OTHER INSTRUMENTS OF SERVICE § 7.5.1 The Engineer and the Engineer's consultants shall be deemed the authors and owners of their respective Instruments of Service,including the Drawings and Specifications,and will retain all common law,statutory and otliei reserved rights,including copyrights.The Contractor,Subcontractors,Sub-subcontractors,and material or equipment suppliers shall not own or claim a copyright in the Instruments of Service.Submittal or distribution to meet officiai regulatory requirements or for other purposes in connection with this Project is not to be construed as publication in derogation of the Engineer's or Engineer's consultants'reserved rights. § 7.5.2 The Contractor,Subcontractors,Sub-subcontractors and material or equipment suppliers are authorized to ii'si and reproduce the Instruments of Service provided to them solely and exclusively for execution of the Work All copies made under this authorization shall bear the copyright notice,if any,shown on the Instruments of Service.T6 Contractor,Subcontractors;.Sub-subcontractors,and material or equipment suppliers may not use the Instruments of Service on other projects or for additions to this Project outside the scope of the Work without the specific written consent of the Owner,Engineer and the Engineer's consultants. § 7,6 TRANSMISSION.OF DATA IN DIGITAL FORM If the parties intend to transmit:Instruments of Service or.any other information or documentation in digital form,they shall endeavor to establish necessary protocols governing such transmission,unless otherwise provided in the Agreement or in the Contract.Documents. ARTICLE 8 . OWNER §.8.1.INFORMATION AND SERVICES REQUIRED OF THE OWNER § 8.1.1 The Owner shall fixmisfi:all necessary surveys and a legal description of the site. § 8.1.2 The Contractor shall be entitled to rely on the accuracy of information furnished by the Owner but shall exercise proper precautions relating to the safe performance of the Work § 8.1.3 The Owner shall secure and pay for necessary approvals,easements,assessments and charges required for itis; construction,use or occupancy of permanent structures or for permanent changes in existing facilities. § 81 OWNER'S RIGHT.TO STOP THE WORK If the Contractor fails to correct Work-which is not in accordance with the requirements of the Contract Documents;tir repeatedly fails to cant'out the Wioil,f-accordance with the Contract Documents,the Owner may issue a written order to the Contractor to stop tIie'V'Jodll or any portion thereof,until the cause for such order is eliminated;however, the right ofthe Owner.to stop the'Work shall not give rise to a duty on the part of the Owner to exercise this right for the benefit of the Contractorf or any other person or entity. § 8.3 OWNER'S RIGHT TO.CARRY OUT THE WORK If the Contractor defaults or neglects:to carry out the Work in accordance with the Contract Documents,and fails within a ten=day period after receipt of written notice from the Owner to commence and continue correction of such default or neglect with,diligence and promptness,the Owner,without prejudice to any other remedy the Owner uiiyy have,may correct such deficiencies and may deduct the reasonable cost thereof including Owner's expenses and compensation for the Engineer's,services made necessary thereby,from the payment then or thereafter due the Contractor. ARTICLE 9 . CONTRACTOR § 9.1 REVIEW OF CONTRACT DOCUMENTS AND FIELD CONDITIONS BY CONTRACTOR § 9.1.1 Execution of the Contract by the Contractor is a representation that the Contractor has visited the site,beoddie generally familiar with local conditions under which the Work is to be performed and correlated personal observatidtis with requirements of the Contract Documents. § 9.1.2 Because the Contract Documents are complementary,the Contractor shall,before starting each portion of the Work,carefully study and compare the various Contract Documents relative to that portion of the Work,as well as the information furnished by the Owner pursuant to Section 8.1.1,shall take field measurements of any existing conditions related to that portion of the Work and shall observe any conditions at the site affecting it.These obligations are for the purpose of facilitating coordination and construction by the Contractor and are not for the purpose of discovering errors,omissions,or inconsistencies in the Contract Documents;however,the Contractor shall promptly, AIA Document A107-—2007.Copyright*1936.1951,1958,1961,1963,1966.1970,1974,1978,1987,1997 and 2007 by The American Ins6luri of Architects. Intl All rights reserved.WARNING:This AIA®Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or 7 distribution of this Ale Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent Possible under the law.This document was produced by AIA software at 13:28:11 on 1110312010 under Order No.8729070870_1 which expires on 10/132011, and is not for resale. User Notes: (725628202) report to the Engineer any errors,inconsistencies,or omissions discovered by or made known to the Contractor as a request for information in such form as the Engineer may require.It is recognized that the Contractor's review is matte in the Contractor's capacity as a contractor and not as a licensed design professional unless otherwise specifically provided in the Contract Documents. § 9.1.3 The Contractor is not required to ascertain that the Contract Documents are in accordance with applicable 19Lws; statutes,ordinances,codes,rules and regulations,or lawful orders of public authorities,but the Contractor shall . . promptly report to the Engineer any nonconformity discovered by or made known to the Contractor as a request for information in such form as the Engineer may require. § 9.2 SUPERVISION AND .CONSTRUCTION PROCEDURES § 9.2.1 The Contractor shall supervise and direct the Work,using the Contractor's best skill and attention.The Contractor shall be solelyresponsible for and have control over construction means,methods,techniques,sequeiie'es and procedures,and,.for.coordinating all portions of the Work under the Contract,unless the Contract Documents give other specific instructions concerning these matters. § 9.22 The Contractor shall be.-responsible to the Owner for acts and omissions of the Contractor's employees, Subcontractors and their agents and employees,and other persons or entities performing portions of the Work for Of 6h behalf of the Contractor or any of its Subcontractors. § 9.3 LABOR AND.MATERIALS § 9.3.1 Unless otherwise provided in the Contract Documents,the Contractor shall provide and pay for labor, materials,equipment,:tools,-'Construction equipment and machinery,water,heat,utilities,transportation,and other facilities and services necessary for proper execution and completion of the Work whether temporary or permanic'n and whether or not incorporated or to be incorporated in the Work § 9.3:2 The Contractor shall.&force strict discipline and good order among the Contractor's employees and other. persons carrying out the Work:The Contractor shall not permit employment of unfit persons or persons not skill'e�in tasks assigned to them. I §'-913 The Contractor may make a substitution only with the consent of the Owner,after evaluation by the Engirizer and in accordance with a.Modification. § 9.4 WARRANTY The Contractor warrants to the Owner and Engineer that materials and equipment furnished under the Contract will 6 of good quality and new unless the Contract Documents require or permit otherwise.The Contractor further warrAfits that the Work will conform to,theilquiremonts of the Contract Documents and will be free from defects,except fof those inherent in the quality of the Wont the Contract Documents require or permit Work,materials,or equipment tint conforming to these ri'quirements'i' be considered defective.The Contractor's warranty excludes remedy for, '.damage or defect caused by abuse,alterations to the Work not executed by the Contractor,improper or insufficidhi maintenance,improper operation or normal wear and tear under normal usage. § 9.5 TAXES The Contractor shall pay sales,consumer,use and other similar taxes that are legally enacted when bids are received br negotiations concluded,whether or not yet effective or merely scheduled to go into effect:. § 9.6 PERMITS, FEES, NOTICES, AND COMPLIANCE WITH LAWS (Paragraph deleted) § 9.6.2 The Contractor shall'comply with and give notices required by applicable laws,statutes,ordinances,codes; rules and regulations,and lawful orders of public authorities applicable to performance of the Work.If the Contra6tor perforins Work knowing it to be contrary to applicable laws,statutes,ordinances,codes,rules and regulations,of lawful orders ofpublic authorities,the Contractor shall assume appropriate responsibility for such Work and shall bear the costs attributable to correction. § 9.7 ALLOWANCES The Contractor shall include in the Contract Sum all allowances stated in the Contract Documents.The Owner scull select materials and equipment under allowances with reasonable promptness.Allowance amounts shall include rile AIA Document A107-—2007.Copyright®1936.1951.1958.1961,1963,1966,1970.1974,1976.1987.1997 and 2007 byThe American Institute of Architects. Init. All rights reserved.WARNING:This AIA'Document Is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or 8 distribution of this AIA Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maiimum extent 1 possible under the law This dnraunPnl was irnGnrprl by AIA Software at 13-28-11 nn 11103/2010 under carder No.8729070870_I which expiree on 1011312011 and is not for resale. User Notes: !'r 25828202) costs to the Contractor of materials and equipment delivered at the site and all required taxes,less applicable trade discounts.Allowance amounts shall not include the Contractor's costs for unloading and handling at the site,lab0i i installation,overhead,and profit. § 9.8 CONTRACTOR'S CONSTRUCTION SCHEDULES § 9.8.1 The Contractor,promptly after being awarded the Contract,shall prepare and submit for the Owner's and Engineer's information a Contractor's construction schedule for the Work The schedule shall not exceed time limps current under the Contract Documents,shall be revised at appropriate intervals as required by the conditions of the Work and Project,shall-be related to the entire Project to the extent required by the Contract Documents,and shall provide for expeditiom and practicable execution of the Work. § 9.8.2 The Contractor shall perform the Work in general accordance with the most recent schedule submitted to i11e Owner and Engineer. § 9.9 SUBMITTALS. § 9.9.1 The Contractor shall review for compliance with the Contract Documents and submit to the Engineer Shop Drawings,product Data,Samples and similar submittals required by the Contract Documents in coordination with Mie Contractor's construction schedule and in such sequence as to allow the Engineer reasonable time for review.By submitting Shop Drawings,.Product Data,Samples and similar submittals,the Contractor represents to the Owner aiid Engineer that the Coutractor.has(1)reviewed and approved them;(2)determined and verified materials,field measurements and field construction criteria related thereto,or will do so;and(3)checked and coordinated the information contaiaed.*vithin.si dA' submittals with the requirements of the Work and of the Contract Documents:The Work shall be in accordance:with approved submittals. § 9.9.2 Shop Drawings,'Product Data,Samples and similar submittals are not Contract Documents. § 9.10.USE OF SITE The Contractor shall confine.operations at the site to areas permitted by applicable laws,statutes,ordinances,codes; rules and regulations,'lawfiil°orders of public authorities,and the Contract Documents and shall not unreasonably encumber the site with materials or equipment. § 9.11 CUTTING AND.-PATCHING The Contractor shall be responsible:fo�ctitting,fitting or patching required to complete the Work or to make its parts fit together properly. § 9.12 CLEANING UP The.Contractor shall keep the premises and surrounding area free from accumulation of waste materials or rubbish caused by operations under.the Conirac>.At completion of the Work,the Contractor shall remove waste materials!. rubbish,the Contractor's tools,colisttvction equipment,machinery and surplus material from and about the Proje'8t: § 9.13 ROYALTIES, PATENTS AND COPYRIGHTS (Paragraph deleted) § 9.14 ACCESS TO WORK`:.......... The Contractor shallprovide the Owner and Engineer access to the Work in preparation and progress wherever located. § 9.15 INDEMNIFICATION § 9.15.1 To the fullest extent permitted by law,the Contractor shall indemnify and hold harmless the Owner,Engineer, Engineer's consultants and agents and employees of any of them from and against claims,damages,losses and expenses,including but not limited to attorneys'fees,arising out of or resulting from performance of the Work, provided that such claim,damage,loss or expense is attributable to bodily injury,sickness,disease or death,or to injury to or destruction of tangible property(other than the Work itself),but only to the extent caused by the negligent acts or omissions of the Contractor,a Subcontractor,anyone directly or indirectly employed by them or anyone& whose acts they may be liable,regardless of whether or not such claim,damage,loss or expense is caused in part by a party indemnified hereunder.Such obligation shall not be construed to negate,abridge,or reduce other rights or obligations of indemnity which would otherwise exist as to a party or person described in this Section 9.15.1. lnit AIA Document A107ie—2007.Copyright m 1936,1951,1958,1961,1963,1966,1970,1974,1978.1987,1997 and 2007 by The American Institute of Architects. All rights reserved.WARNING:This AIA°°Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or 9 distribution of this AIA Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent ! possible under the law This document was produced by AIA software at 13:28:11 on 11/03/2010 under Order No.8729070870 1 which expires ori 10113/2011, and isnot for resale. — User Notes: !725828202) § 9.15.2 In claims against any person or entity indemnified under this Section 9.15 by an employee of the Contra''ctor, a Subcontractor,anyone directly or indirectly employed by them or anyone for whose acts they may be liable,the indemnification obligation under Section 9.15.1 shall not be limited by a limitation on amount or type of damages; compensation or benefits payable by or for the Contractor or Subcontractor under workers'compensation acts, disability benefit acts or other employee benefit acts. ARTICLE 10 ENGINEER § 10.1 The Engineer will provide administration of the Contract and will be an Owner's representative during construction,until the date the Engineer issues the final Certificate for Payment.The Engineer will have authority io act on behalf of the Owner only to the extent provided in the Contract Documents,unless otherwise modified in writing in accordance with.other provisions of the Contract. § 1.0.2 The Engineer will.visit the site at intervals appropriate to the stage of the construction to become generally . familiar with the progress.and quality of the portion of the Work completed,and to determine in general,if the Work observed is being performed in a manner indicating that the Work,when fully completed,will be in accordance'W"Uh the Contract Documents.However,the Engineer will not be required to make exhaustive or continuous on-site inspections to check the quality.or quantity of the Work The Engineer will not have control over,charge of,or responsibility for,.the construction means,methods,techniques,sequences or procedures,or for safety precautions ihd programs in connection'with the Work,since these are solely the Contractor's rights and responsibilities under the Contract Documents, §10.3 On the basis of the site visits,the Engineer will keep the Owner reasonably informed about the progress aiiti quality of the portion of theWork completed,and report to the Owner(1)known deviations from the Contract Documents and from the most recent construction schedule submitted by the Contractor,and(2)defects and deficiencies observed in the Work.The Engineer will not be responsible for the Contractor's failure to perform the Work in accordance with-tlie requirements of the Contract Documents.The Engineer will not have control over or charge of and will not be responsible for acts or omissions of the Contractor,Subcontractors,or their agents or employees,or any othes;pcfsons or entities performing portions of the Work § 10.4 Based on the Engineer's evaluations of the Work and of the Contractor's Applications for Payment,the Engineer review and certify the amounts due the Contractor and will issue Certificates for Payment in such amounts in a timely.manner: § 10.5 The Engineer has authority is reject Work that does not conform to the Contract Documents and to require . inspection or testing of the Work;='. § 10.6 The Engineer will reyigw;aud.aVprove or take other appropriate action upon the Contractor's submittals such Its Shop Drawings,Product Data.a d:Samples,but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. § 10.7 The Engineer will.,interpret and decide matters concerning performance under,and requirements o£the Contract Documents on written request of either the Owner or Contractor.The Engineer will make initial decisions tin all claims,disputes and otl dr matters in question between the Owner and Contractor. § 10.8 The Engineer's decisions on matters relating to aesthetic effect will be final if consistent with the intent expressed in the Contract Documents. § 10.9 Duties,responsibilities and limitations of authority of the Engineer as set forth in the Contract Documents A.ill not be restricted,modified or extended without written consent of the Owner.Consent shall not be unreasonably withheld. ARTICLE 11 SUBCONTRACTORS § 11.1 A Subcontractor is a person or entity who has a direct contract with the Contractor to perform a portion of the Work at the site_ § 11.2 Unless otherwise stated in the Contract Documents or the bidding requirements,the Contractor,as soon as practicable after award of the Contract,shall famish in writing to the Owner through the Engineer the names of inti Subcontractors or suppliers for each of the principal portions of the Work.The Contractor shall not contract with any Init. AIA Document A107*"—2007.Copyright®1936,1951,1958.1961,1963,1966,1970,1974,1978,1987,1997 and 2007 by The American Instituti of Architects. All rights reserved.WARNING:This Al a Document Is protected by U.S.copyright Law and International Treaties.Unauthorized reproduction or 10 distribution of this Ale Document,or any portion of it,may result In severe civil and criminal penalties,and will be prosecuted to the maximum extent possible tinder the taw.This document was produced by AIA software at 13:28:11 on 11/03/2010 under Order No.8729070070 1 which expires u, 10!13/2011, and Is not for resale. 1. User Notes: (725828202) Subcontractor or supplier to whom the Owner or Engineer has made reasonable written objection within ten days after receipt of the Contractor's list of Subcontractors and suppliers.If the proposed but rejected Subcontractor was reasonably capable of performing the Work,the Contract Sum and Contract Time shall be increased or decreased 6y the difference,if any,occasioned by such change,and an appropriate Change Order shall be issued before commencement of the substitute Subcontractor's Work.The Contractor shall not be required to contract with any-bbZ to whom the Contractor has made reasonable objection. § 11.3 Contracts between the Contractor and Subcontractors shall(1)require each Subcontractor,to the extent d66 Work to be performed by the Subcontractor,to be bound to the Contractor by the terms of the Contract Documeiii4 and to assume toward the Contractor all the obligations and responsibilities,including the responsibility for safety of the Subcontractor's Work,which the Contractor,by the Contract Documents,assumes toward the Owner and Engineer,and(2)allow tbe.Subcontractor the benefit of all rights,remedies and redress against the Contractor that ttib Contractor,by these Contract Documents,has against the Owner. ARTICLE 12 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS § 12.1 The Ownefreservevthe:right to perform construction or operations related to the Project with the Owner's o`w`n forces,and to award separate contracts in connection with other portions of the Project or other construction or operations on the.site under conditions of the contract identical or substantially similar to these,including those portions related to insurince=and waiver of subrogation.If the Contractor claims that delay or additional cost is involved because of such.action by the Owner,the Contractor shall make such claim as provided in Article 21. § 12.2 The Contractor shall afford the Owner and separate contractors reasonable opportunity for introduction anti storage of their materials and equipment and performance of their activities,and shall connect and coordinate the Contractor's activities withitheirs as required by the Contract Documents. § 12.3 The Owner shall be reimbursed by the Contractor for costs incurred by the Owner which are payable to a separate contractor.because;.of delays,improperly timed activities or defective construction of the Contractor.Tlie,. Owner shall be responsible to the Contractor for costs incurred by the Contractor because of delays,improperly tines activities,damage_to tfie'Work or defective construction of a separate contractor. ARTICLE 13 CHANGES:IR THE WORK § 13.1 By appropriate lvlodification,.changes in the Work may be accomplished after execution of the Contract.Tlie Owner,without invalidating the Ctntract may order changes in the Work within the general scope of the Contra(! consisting of additions;deletions`.or i6r revisions,with the Contract Sum and Contract Time being adjusted accordingly.Such changes in the Work shall be authorized by written Change Order signed by the Owner and Contractor.;or by written Construction Change Directive signed by the Owner.§ 13.2 Adjustments in the Contrgdt Sum and Contract Time resultigg,from,a change in the Work shall be determined by mutual agreement of the parties or,in the case of a Constru.ta&'.Change Directive signed only by the Owner,by the Contractor's cost of labor, material,equipment,and rcas6nablo:overhead and profit,unless the parties agree on another method for determii Og the cost or credit.Pending final deiennination of the total cost of a Construction Change Directive,the Contractor tray request payment for Work completed pursuant to the Construction Change Directive.The Engineer will make air interim determinafion of the ain'bunt of payment due for purposes of certifying the Contractor's monthly AppliciE bh for Payment.When the Owner anti Contractor agree on adjustments to the Contract Sum and Contract Time arieft from a Construction Cliange-Directive,the Engineer will prepare a Change Order,or directed to by Owner. (Paragraph deleted) § 13.4 If concealed or unknown physical conditions are encountered at the site that differ materially from those indicated in the Contract Documents or from those conditions ordinarily found to exist,the Contract Sum and Conti Time shall be equitably adjusted as mutually agreed between the Owner and Contractor;provided that the Contrictor provides notice to the Owner and Engineer promptly and before conditions are disturbed. ARTICLE 14 TIME § 14.1 Time limits stated in the Contract Documents are of the essence of the Contract.By executing the Agreelileiit the Contractor confirms that the Contract Time is a reasonable period for performing the Work- AIA orkAIA Document A1071"—2007.Copyright®1936,1951,1958,1961,1963,1966,1970,1974,1978,1987,1997 and 2007 by The American Inslitute bf Architects. Init All rights reserved.WARNING:This AIAs Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or 11 distribution of this AIAs Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law This dnrument was produced by AIA software at 13:28:11 on 11/03/2010 under Order No.8729070870_1 which expires on 1011312011. and is not for resale. User Notes: !725828202) § 14.2 Unless otherwise provided,Contract Time is the period of time,including authorized adjustments,allotted ffi the Contract Documents for Substantial Completion of the Work. § 14.3 The term"day"as used in the Contract Documents shall mean calendar day unless otherwise specifically defined. § 14.4 The date of Substantial Completion is the date certified by the Engineer in accordance with Section 15.4.3, § 14.5 If the Contractor is delayed at any time in the commencement or progress of the Work by changes ordered in t}te Work,by labor disputes,fire,unusual delay in deliveries,abnormal adverse weather conditions not reasonably anticipatable,unavoidable'casualties or any causes beyond the Contractor's control,or by other causes which the . Engineer determines may justify delay,then the Contract Time shall be extended by Change Order for such reasofiAle time as the Engineer may determine,subject to the provisions of Article 21. ARTICLE 15 PAYMENTS.AND COMPLETION § 15.1 APpI.ICATIONS FORT:PAYMENT § 15.1.1 Where the Contract isbased on a Stipulated Sum,the Contractor shall submit toOwner and C.C.Engines iri before the first Applicadon for Payment,a schedule of values,allocating the entire Contract Sum to the various portions of the Work,prepared in such form and supported by such data to substantiate its accuracy as the Engiueei may require.This scbedule:unless objected to by the Engineer,shall be used in reviewing the Contractor's Applications for.Paymenf:'''' (Paragraphs deTereo §"15.1.4 The Contractor war ants that title to all Work covered by an Application for Payment will pass to the Oiw br no later than the time.of-payment.The Contractor further warrants that upon submittal of an Application for PayiOit all Work for which Certificates for Payment have been previously issued and payments received from the Owner sBiAll, to the best of the Contractor's:knowledge,information and belief,be free and clear of liens,claims,security intAhs or other encumbrances adyerse to the Owner's interests. § 15.2 CERTIFlCATES.FOR:--PAYMENT § 15.2.1 The Engineer will;within seven.days after receipt of the Contractor's Application for Payment,either issilb to the.Owner a Certificate for Payment`cvith a copy to the Contractor,for such amount as the Engineer determines is' properly.-due,or notify the Contractor'and Owner in writing of the Engineer's reasons for withholding certificatibfi in whole or in part.as provided in Seof h 15.2.3. §.15.2.2 The issuance of a Certificate for Payment will constitute a representation by the Engineer to the Owner,b ed on the Engineer's evaluations of:the)'Work and the data comprising the Application for Payment,that,to the best.pf the Engineer's knowledge,inf oiviation and belief;the Work has progressed to the point indicated and that the q"': ity of the Work is in accordance with the Contract Documents.The foregoing representations are subject to an evaluatibh of the Work for conformance with the Contract Documents upon Substantial Completion,to results of subsequent tests and inspections,to correction of:minor deviations from the Contract Documents prior to completion and to specifie qualifications expressed"by the .rgineer.The issuance of a Certificate for Payment will further constitute a representation that the Contractor is entitled to payment in the amount certified § 15.2.3 The Engineer may withhold a Certificate for Payment in whole or in part,to the extent reasonably necesSAI y to protect the Owner,if in the Engineer's opinion the representations to the Owner required by Section 15.2.2 caiiA& be made.If the Engineer is unable to certify payment in the amount of the Application,the Engineer will notify`flit* Contractor and Owner as provided in Section 15.2.1.If the Contractor and the Engineer cannot agree on a revised amount,the Engineer will promptly issue a Certificate for Payment for the amount for which the Engineer is able to make such representations to the Owner.The Engineer may also withhold a Certificate for Payment or,because dt subsequently discovered evidence,may nullify the whole or a part of a Certificate for Payment previously issued,tb such extent as may be necessary in the Engineer's opinion to protect the Owner from loss for which the Contractor is responsible,including loss resulting from acts and omissions described in Section 9.2.2,because of .1 defective Work not remedied; .2 third party claims filed or reasonable evidence indicating probable filing of such claims Unless security acceptable to the Owner is provided by the Contractor; AIA Document A1071"—2007.Copyright®1936,1951,1958.1961,1963.1966,1970,1974,1978,1987,1997 and 2007 by The American Institute'&Architects. Init. All rights reserved.WARNING:This AIAe Document is protected by U.S.Copyright law and International Treaties.Unauthorized reproduction or 12 distribution of this AIA Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 13:28:11 on 11/03/2010 under Order N0.87290708701 which expires bh 10/13/20 11, and is not for resale. — User Notes: (725828202) .3 failure of the Contractor to make payments properly to Subcontractors or for labor,materials or equipment; .4 reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract Sum; .5 damage to the Owner or a separate contractor, .6 reasonable evidence that the Work will not be completed within the Contract Time and that the ud'P-ti balance would not be adequate to cover actual or liquidated damages for the anticipated delay,or .7 repeated failure to carry out the Work in accordance with the Contract Documents. § 15.2.4 When the above reasons for withholding certification are removed,certification.will be made for amount; previously withheld. § 15.3 PROGRESS PAYMENTS § 15.3.1 The Contractor shall pay each Subcontractor,no later than seven days after receipt of payment,the amoti it to -which the Subcontractor:is entitled,reflecting percentages actually retained from payments to the Contractor ori account of the Subcontractor's portion of the Work.The Contractor shall,by appropriate agreement with each Subcontractor,require each Scontractors in similar manner.The contraet ubcontractor to make payments to sub-subtsr shall require subcontractors to execute lien waiver on payment and shall deliver the same to owner. I § 15.3.2.Neither,the Owner:uor Engineer shall have an obligation to pay or see to the payment of money to a Subcontractor except-as:tray otherwise be required by law. § 15.3.3 A Certificate for Payment,a progress payment;or partial or entire use or occupancy of the Project by the Owner shall not const itute_acccptance of Work not in accordance with the Contract Documents. § 15.4 SUBSTANTIAL.:COMPLE11ON § 15:4.1 Substantial.Completion,is the stage in the progress of the Work when the Work or designated portion thei serf is sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the*&k for its intended use. § 15A.2 When the Contractor considers that the Work,or a portion thereof which the Owner agrees to accept separately,is substantially complete,the Contractor shall prepare and submit to the Engineer a comprehensive list of items to be completed or'corrected prior to final payment.Failure to include an item on such list does not alter the responsibility of the Contractor to.corriplcte all Work in accordance with the Contract Documents. § 15.4.3 Upon receiptof:the Contractor's list,the Engineer will make an inspection to determine whether the Woi k or designated portion thereof is substantially complete.When the Engineer determines that the Work or designated portion thereof is substantially cop�plete,the Engineer will issue a Certificate of Substantial Completion which shill1 establish the date:of Substantialup�etion,establish responsibilities of the Owner and Contractor for security, maintenance,heat,utilities,<dainagg10 the Work and insurance,and fix the time within which the Contractor shall finish all items on the list accompanying the Certificate.Warranties required by the Contract Documents shall . commence on the date of Substantial Completion of the Work or designated portion thereof unless otherwise provided in the Certificate of Substa.ti!"Completion. § 15.4.4 The Certificate of Substantial Completion shall be submitted to the Owner and Contractor for their writi%p acceptance of responsibilities assigned to them in such Certificate.Upon such acceptance and consent of surety,if 1HY, the Owner shall make payment of retainage applying to such Work or designated portion thereof.Such payment S�iall be adjusted for Work that is incomplete or not in accordance with the requirements of the Contract Documents. § 15.5 FINAL COMPLETION AND FINAL PAYMENT § 15.5.1 LJpon receipt of the Contractor's written notice that the Work is ready for final inspection and acceptance skid upon receipt of a final Application for Payment,the Engineer will promptly make such inspection and,when the Engineer fords the Work acceptable under the Contract Documents and the Contract fully performed,the Engineci' will promptly issue a final Certificate for Payment stating that to the best of the Engineer's knowledge,information and belief,and on the basis of the Engineer's on-site visits and inspections,the Work has been completed in accordance with terms and conditions of the Contract Documents and that the entire balance found to be due the. Contractor and noted in the final Certificate is due and payable.The Engineer's final Certificate for Payment will AIA Document A10771-2007.Copyright®1936,1951,1958,1961,1963,1966,1970,1974,1978.1987.1997 and 2007 by The American Institui.4 of Architects. Init. All rights reserved.WARNING:This Ale Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or 13 distribution of this AIA's Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the taw.This document woo produood by AIA software at 13:28:11 on 11/03/2010 under OrClAr Nn 8729070870_1 which expires on 10/13!2011, and is not for resale. (725828202) User Notes: Iconstitute a further representation that conditions stated in Section 15.5.2 as precedent to the Contractor's being entitled to final payment have been fulfilled. § 15.5.1 Final payment shall not become due until all government inspections have been completed and work is approved and the Contractor has delivered to the Owner a complete release of all liens arising out of this Contract pr receipts in full covering all labor,materials and equipment for which a lien could be filed,or a bond satisfactory t6 i6 Owner to indemnify the Owner against such lien.If such lien remains unsatisfied after payments are made,the Contractor shall refund to the Owner all money that the Owner may be compelled to pay in discharging such lien: § 15.5.3 The making of final payment shall constitute a waiver of claims by the Owner except those arising from .1 liens,claims,security interests or encumbrances arising out of the Contract and unsettled;- .2 nsettled;.2 failure.of the Work to comply with the requirements of the Contract Documents;or .3 terms of special warranties required by the Contract Documents. § 15.5.4 Acceptance offinal payment by the Contractor,a Subcontractor or material supplier shall constitute a waiver of claims by that payee except.those previously made in writing and identified by that payee as unsettled at the time tsf final Application for Payment: ARTICLE 16 PROTECTION.AF PERSONS AND PROPERTY § 16.1 SAFETY PRECAUTIONS AND PROGRAMS The Contractor shall be r"es"ponsible for initiating,maintaining and supervising all safety precautions and programs in connection with the performaitce.of the Contract.The Contractor shall take reasonable precautions for safety of,Aid shall provide reasonable proi: ction to prevent damage,injury or loss to .1 employees on:ih:e Work and other persons who may be affected thereby; .2 the Work and-materials and equipment to be incorporated therein,whether in storage on or off the sire, under care,custody or control of the Contractor or the Contractor's Subcontractors or Suri subcontractors;and .3 other property at the site or adjacent thereto,such as trees,shrubs,lawns,walks,pavements,roadwii�5, structures and utilities not designated for removal,relocation or replacement in the course of construction. The Contractor shall comply with and.give notices required by applicable laws,statutes,ordinances,codes,rule&ad regulations,and lawful.orders of pubIie authorities bearing on safety of persons and property and their protection ftl'3'in damage,injury or loss.The Contractor shall promptly remedy damage and loss to property caused in whole or its part by the Contractor,.a SubcontracEo%a sub-subcontractor,or anyone directly or indirectly employed by any of theft,or by anyone for whose acts they may be liable and for which the Contractor is responsible under Sections 16.1.2 aWd 16.1.3,except for damage or.los9:6%ibutable to acts or omissions of the Owner or Architect or by anyone for wlios6 acts either of them may be,habic_and not attributable to the fault or negligence of the Contractor.The foregoing obligations of the Contractor,are in.b&tion to the Contractor's obligations under Section 9.15. § 16.2 HAZARDOUS MATERIALS § 16.2.1 The Contractor."is responsible for compliance with the requirements of the Contract Documents regardiiia hazardous materials.Ifthe Cohtractor encounters a hazardous material or substance not addressed in the Contract Documents,and if reasonable precautions will be inadequate to prevent foreseeable bodily injury or death to peri8ns resulting from a material or substance,including but not limited to asbestos or polychlorinated biphenyl(PCB), encountered on the site by the Contractor,the Contractor shall,upon recognizing the condition,immediately stop Work in the affected area and report the condition to the Owner and Engineer in writing.When the material or substance has been rendered harmless,Work in the affected area shall resume upon written agreement of the Owiiirc and Contractor.By Change Order,the Contract Time shall be extended appropriately and the Contract Stun shall Fe increased in the amount of the Contractor's reasonable additional costs of shutdown,delay and start-up. § 16.2.2 To the fullest extent permitted by law,the Owner shall indemnify and hold harmless the Contractor, Subcontractors,Engineer,Engineer's consultants and agents and employees of any of them from and against claims, damages,losses and expenses,including but not limited to attorneys' fees,arising out of or resulting from performance of the Work in the affected area,if in fact,the material or substance presents the risk of bodily injury.or death as described in Section 16.2.1 and has not been rendered harmless,provided that such claim,damage,loss dt expense is attributable to bodily injury,sickness,disease or death,or to injury to or destruction of tangible property Init. AIA Document A10711-2 107.Copyright®1936,1951,1958,1961,1963,1966,1970,1974,1978,1987.1997 and 2007 by The American Institute of Architects. All rights reserved.WARNING:This AIA&Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA°Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent 14 / possible under the law.This document was produced by AIA software at 13:2811 on 11103/2010 under Order No.0729070870 1 whicli expires iiil 10113/20 11, and is not for resale. - User Notes: (725828202) I (other than the Work itself),except to the extent that such damage,loss or expense is due to the fault or negligence of the party seeking indemnity. § 16.2.3 If,without negligence on the part of the Contractor,the Contractor is held Iiable by a government agency fat the cost of remediation of a hazardous material or substance solely by reason of performing Work as required by the Contract Documents,the Owner shall indemnify the Contractor for all cost and expense thereby incurred. ARTICLE 17 INSURANCE AND BONDS § 17.1 The Contractor shall purchase from,and maintain in a company or companies lawfully authorized to do business in the jurisdiction in which the Project is located,insurance for protection from claims under workers' compensation acts and other employee benefit acts which are applicable,claims for damages because of bodily itihiy, including death,.and claims for damages,other than to the Work itself;to property which may arise out of or resb)i from the Contractor's.operations and completed operations under the Contract,whether such operations be by ttiC. Contractor or by a Subcontractor or anyone directly or indirectly employed by any of them.This insurance shall ase written for not lessthim limits of liability specified in the Contract Documents or required by law,whichever coverage is greater,and shall include contractual liability insurance applicable to the Contractor's obligations under Section 9.15.Certificates of Insurance acceptable to the Owner shall be filed with the Owner prior to commencement of ilxe Work Each policy.shall:.contain a provision that the policy will not be canceled or allowed to expire until at least- days'prior written notice has been given to the Owner.The Contractor shall cause the commercial liability coverage required by the Contract Documents to include:(l)the Owner,the Engineer and the Engineer's Consultants as additional insureds for t Iaims caused in whole or in part by the Contractor's negligent acts or omissions during tii� Contractor's operations; :ind:(2);the Owner as an additional insured for claims caused in whole or in part by the Contractor's negligentaets or omissions during the Contractor's completed operations. § 17.2 OWNER'SLIABILIT r-114SURANCE The Owner shall be responsible for purchasing and maintaining the Owner's usual liability insurance. § 17.3 PROPERTY INSURANCE § 17.3.1 Unless otherwise-provided,the Owner shall purchase and maintain,in a company or companies lawfully authorized to do business in the jurisdiction in which the Project is located,property insurance on an"all-risk"o`r,, equivalent policy formJncluding builder's risk,in the amount of the initial Contract Sum,plus the value of subsegat=rit modifications and cost of materials supplied and installed by others,comprising total value for the entire Project lit'the site on a replacement cost basis out optional deductibles.Such property insurance shall be maintained,unless otherwise provided in*the Contractb_o eats or otherwise agreed in writing by all persons and entities who are beneficiaries of suck..insurance,`until'final payment has been made as provided in Section 15.5 or until no person fir entity other than the Owned has an insurable interest in the property required by this Section 17.3.1 to be covered, whichever is later.This insuranceshall include interests of the Owner,the Contractor,Subcontractors and sub-subcontractors in the Project:.:`. § 17.3.2 The Owner shall file a copy of each policy with the Contractor before an exposure to loss may occur.Eactl policy shall contain a piovis on..that the policy will not be canceled or allowed to expire,and that its limits will not lie reduced,until at least 30.days'prior written notice has been given to the Contractor. § 17.3.3 The Owner and Contractor waive all rights against(1)each other and any of their subcontractors, sub-subcontractors,agents and employees,each of the other,and(2)the Engineer,Engineer's consultants,separkte contractors described in Article 12,if any,and any of their subcontractors,sub-subcontractors,agents and employees for damages caused by fire or other causes of loss to the extent covered by property insurance obtained pursuant,tQ. Section 17.3 or other property insurance applicable to the Work,except such rights as they have to proceeds of sA insurance held by the Owner as fiduciary.The Owner or Contractor,as appropriate,shall require of the Engineer: Engineer's consultants,separate contractors described in Article 12,if any,and the subcontractors, sub-subcontractors,agents and employees of any of them,by appropriate agreements,written where legally rcquiied for validity,similar waivers each in favor of other parties enumerated herein.The policies shall provide such waivers of subrogation by endorsement or otherwise. A waiver of subrogation shall be effective as to a person or entity 6Y& though that person.or entity would otherwise have a duty of indemnification,contractual or otherwise,did not pay, file insurance premium directly or indirectly,and whether or not the person or entity had an insurable interest in the property damaged. Init. AIA Document A107——2007.Copyright m 1936,1951,1958.1961,1963,1966,1970,1974,1978.1987,1997 and 2007 by The American Institute of Architects. All rights reserved.WARNING:This AIA®Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or 15 distribution of this Ale Document,or any portion of it,may result In severe civil and criminal penalties,and will be prosecuted to the maitimum extent / possible under the law.This document was produced by AIA software at 13:28:11 on 1110312010 under Order No.8729070870 1 which expires on 10/1312011, and is not for resale. User Notes: ;725828202) § 17.3.4 A loss insured under the Owner's property insurance shall be adjusted by the Owner as fiduciary and mane payable to the Owner as fiduciary for the insureds,as their interests may appear,subject to requirements of any applicable mortgagee clause.The Contractor shall pay Subcontractors their just shares of insurance proceeds received by the Contractor,and by appropriate agreements,written where legally required for validity,shall require Subcontractors to make payments to their sub-subcontractors in similar manner. (Paragraphs deleted) ARTICLE 18 CORRECTION OF WORK § 18.1 The Contractor shall promptly correct Work rejected by the Architect or failing to conform to the requirenieiiis of the Contract Documents,whether discovered before or after Substantial Completion and whether or not fabricaYcd, installed or completed.Costs of correcting such rejected Work,including additional testing and inspections,the c&t of uncovering and replacement,and compensation for the Engineer's services and expenses made necessary thercay, shall be at the Contractor's expense,unless compensable under Section A.2.7.3 in Exhibit A,Determination of the Cost of the Work § 18.2 In addition to the Contractor's obligations under Section 9.4,it within one year after the date of Substantial. Completion of the'Work-pr_ oignated portion thereof or after the date for commencement of warranties establis$i�i under Section 15.4.3,or;by terms of an applicable special warranty required by the Contract Documents,any of di Work is found to be not_.in accordance with the requirements of the Contract Documents,the Contractor shall corre6i it promptly after receiptof wnttea:notice from the Owner to do so unless the Owner has previously given the Contral for a written acceptance-4.such:condition.The Owner shall give such notice promptly after discovery of the condition: During the one-year period,f it.correction of Work,if the Owner fails to notify the Contractor and give the ContMS br anopportunity to make the correction,the Owner waives the rights to require correction by the Contractor and to&A a claire for breach of-waiiaiity. § 18.3 If'the Contractor fails to correct nonconforming Work within a reasonable time,the Owner may correct it Iii accordance with Section § 18.4 The one year period for correction of Work shall be extended with respect to portions of Work first perfori� after Substantial Completion.by the period of time between Substantial Completion and the actual completion of ihat portion of-the Work §•18.5 The one-year period for coireciion of Work shall not be extended by corrective Work performed by the Contractor pursuant to;jbis Article 19. ARTICLE 19 MISCELLANEOUS_.PROVISIONS § 19.1 ASSIGNMENT OF 00NT iACf; Neither parry to the Contract sti'�1`assig n the Contract without written consent of the other,except that the Owner&Wy, without consent of the Contractor,assign the Contract to a lender providing construction financing for the Projeet,if the lender assumes the Owner's rights and obligations under the Contract Documents.The Contractor shall execute all consents reasonablyrequ r6d,-td facilitate such assignment. § 19.2 GOVERNING LAW The Contract shall bee:governed by the law of the place where the Project is located,except,that if the parries ha;e Selected arbitration as the method of binding dispute resolution,the Federal Arbitration Act shall govern Section 21 A. § 19.3 TESTS AND INSPECTIONS Tests,inspections and approvals of portions of the Work required by the Contract Documents or by applicable laws, statutes,ordinances,codes,rules and regulations or lawful orders of public authorities shall be made at an appropriate time.Unless otherwise provided,the Contractor shall make arrangements for such tests,inspections and approval with an independent testing laboratory or entity acceptable to the Owner,or with the appropriate public authority;ghd Owner shall bear all related costs of tests,inspections and approvals.The Contractor shall give the Engineer timitV notice of when and where tests and inspections are to be made so that the Engineer may be present for such proced"re- e's. Init AIA Document A107——2007.Copyrightm 1936,1951,1958,1961,1963,1966,1970,1974,1978,1987,1997 and 2007 by The American Institute bf Architects. All rights reserved.WARNING:This AJO Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or 16 distribution of this AIA°Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the mAximum extent I possible under the law.This document was produced by AIA snftware al 13,28711 on 11/03/2010 under Order No.8729070870 1 which expires ort 10113/2011, and is not for resale. — User Notes: (726828202) i § 19A COMMENCEMENT OF STATUTORY LIMITATION PERIOD The Owner and Contractor shall commence all claims and causes of action,whether in contract,tort,breach of warranty or otherwise,against the other arising out of or related to the Contract in accordance with the requirements of the final dispute resolution method selected in the Agreement within the period specified by applicable law,but i6 fii y case not more than 10 years after the date of Substantial Completion of the Work The Owner and Contractor waive all claims and Muses of action not commenced in accordance with this Section 19.4. [ARTICLE 20 TERMINATION OF THE CONTRACT 20.1 TERMINATION BY THE CONTRACTOR f the Engineer fails tocertify payment as provided in Section 15.2.1 for a period of 30 days through no fault of flit:ontractor,or if the Owner.fails to make payment as provided in Section 4.1.3 for a period of 30 days,the Contracf& ay,upon seven additional days'written notice to the Owner and the Engineer,terminate the Contract and recov`t om the Owner paymeaf.for Work executed. 20.2 TERMINATION:'`BY-THE OWNER FOR CAUSE § 20.2.1 The Owner may tern inate the Contract if the Contractor .1 repeatedly refuses or fails to supply enough properly skilled workers or proper materials; .2 fails.to 1nake:payment to Subcontractors for materials or labor in accordance with the respective agreements 6.eiv een the Contractor and the Subcontractors; .3 repeatedlj+diseegards applicable laws,statutes,ordinances,codes,rules and regulations or lawful orders.dtapublic authority,or .4 otherolise;i`s.guilty of substantial breach of a provision of the Contract Documents. § 20.2.2 When any of the 4.ove;reasons exists,the Owner,upon certification by the Engineer that sufficient cause exists to justify such action,may without prejudice to any other remedy the Owner may have and after giving tfic Contractor seven clays'writteu`notice,terminate the Contract and take possession of the site and of aII materials;find may finish the Work by whatever reasonable method the Owner may deem expedient.Upon request of the Contrictiit, the_Owner shall furnish to the Contractor a detailed accounting of the costs incurred by the Owner in finishing th6 Work § 20.2.3 When the Owner terminates the Contract for one of the reasons stated in Section 20.2.1,the Contractor s1u11 not be.entkled to receive further payment until the Work is finished. § 20.2.4 If the unpaid balance of the C.:6 tract Sum exceeds costs of finishing the Work,including compensation!tic the Engineer's services and expetiseuiade necessary thereby,and other damages incurred by the Owner and nor.., expressly waived;such ecce;s sera((be paid to the Contractor.If such costs and damages exceed the unpaid balance, the Contractor shall pay the difference to the Owner.The amount to be paid to the Contractor or Owner,as the case maybe,shall bts certified by thc'Eugineer,upon application,and this obligation for payment shall survive termindd6l of the Contract. § 20.3TERMINATION'BY THE'OWNER FOR CONVENIENCE The Owner may,at any,time;terminate the Contract for the Owner's convenience and without cause.The Contractor shall be entitled to receiv..e payment for Work executed,and costs incurred by reason of such termination,along v✓ith reasonable overhead and profit 6a the Work not executed. ARTICLE 21 CLAIMS AND DISPUTES § 21.1 Claims,disputes and other matters in question arising out of or relating to this Contract,including those alleging an error or omission by the Engineer but excluding those arising under Section 16.2,shall be referred initlgby to the Engineer for decision.Such matters,except those waived as provided for in Section 21.8 and Sections and 15.5.4,shall,after initial decision by the Engineer or 30 days after submission of the matter to the Engineer,5C subject to mediation as a condition precedent to binding dispute resolution. § 21.2 If a claim;dispute or other matter in question relates to or is the subject of a mechanic's lien,the party asserifiig such matter may proceed in accordance with applicable law to comply with the lien notice or filing deadlines. § 21.3 The parties shall endeavor to resolve their disputes by mediation which,unless the parties mutually agree otherwise,shall be:administered by the American Arbitration Association in accordance with their Construction Industry Mediation Procedures in effect on the date of the Agreement.A request for mediation shall be made in* Init AIA Document A107T"•-2007.Copyright 0 1936.1951,1958,1961,1963,1966,1970,1974,1978,1987,1997 and 2007 byThe American Institu6 of Architects. All rights reserved.WARNING:This AIA®Document is protected by U.S.Copyright law and International Treaties.unauthorized reproduction or distribution of this Al a Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent 17 / possible under the law.This document was produced by AIA software at 1328:11 on 11/03/2010 under Order No.8729070870 1 which expires oh 10!13,2011, and is not for resale. - User Notes: (725828202) I I writing,delivered to the other party to this Agreement,and filed with the person or entity administering the mediatiisri. The request maybe made concurrently with the binding dispute resolution bttt,in such event,mediation shall proceed in advance of binding dispute resolution proceedings,which shall be stayed pending mediation for a period of 60 dti..ys from the date of filing,unless stayed for a longer period by agreement of the parties or court order.If an arbitratigii is stayed pursuant to this Section,the parties may nonetheless proceed to the selection of the arbitrator(s)and agree i$bti a schedule for later proceedings. § 21A If the parties have selected arbitration as the method for binding dispute resolution in the Agreement,any chi subject to,but not resolved by,mediation shall be subject to arbitration which,unless the parties mutually agree otherwise,shall be administered by the American Arbitration Association,in accordance with the Construction Industry Arbitration Rules:in effect on the date of this Agreement.Demand for arbitration shall be made in writii 4, delivered to the other' "to the Contract,and filed with the person or entity administering the arbitration.The a�Vaaz d rendered by the arbitcatoc or arbitrators shall be final,and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. § 21.5 Either party,atits sole:discretion,may consolidate an arbitration conducted under this Agreement with ariy other.arbitration to-which itis.a party provided that(1)the arbitration agreement governing the other arbitration.. Permits consolidation;(2)'the'arbitrations to be consolidated substantially involve common questions of law or fad and(3)the arbitrations etripioy materially similar procedural rules and methods for selecting arbitrator(s). § 21.6 Any party to.an arbitration may include by joinder persons or entities substantially involved in a common . question of law or fact:whose:presence is required if complete relief is to be accorded in arbitration provided tha. Pile party sought to bejoined consents in writing to such joinder.Consent to arbitration involving an additional person lir entity shall not constitute oon"sent to arbitration of a Claim not described in the written Consent. § 21.7 The foregoing agreement to arbitrate and other agreements to arbitrate with an additional person or entity.dgiy consented to by-parties to the Agreement shall be specifically enforceable under applicable law in any court having jurisdiction thereof § 21.8 CLAIMS.EOR.CONSEQUENTIAL,DAMAGES The.Contractor and.Owner ivaive claims against each other for consequential damages arising out of or relating to ibis Contract.- Irmitu This w:iver includes..... .1 dariiages incurred by the:Owner for rental expenses,for losses of use,income,profit,financing, business and reptitaton;'aYid for loss of management or employee productivity or of the services of stleh persons;,and. .2 damages incurred by the Contractor for principal office expenses including the compensation of personnel stationed there,for losses of financing,business and reputation,and for loss of profit ekifi*t anticipated•.ofit arisingdirectly from the Work This mutual waiver is applicable;without limitation,to all consequential damages due to either party's terminatioil in accordance with Article 20..-Nothing contained in this Section 21.8 shall be deemed to preclude an award of liquidafed damages,when applicable;m'accordance with the requirements of the Contract Documents. This Agreement entered into as of the day and year first written above. �OR(Signature) C C R( ' ature) Frank Tamanini Member Triudle Station,LLC ,-.t-r (Printed name and title) (Printed nwnd and till [nit. AIA Document A107* —2007.Copyright®1936,1951,1958,1961,1963,1966,1970,1974.1978,1987,1997 and 2007 byThe American Institute df Architects. All rights reserved.WARNING:This A]A°°Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or $ distribution of this AlA9 Document,or any portion of it,may result In severe civil and criminal penalties,and will be prosecuted to the maxllnum extent possible under the law.This document was produced by AIA software at 13:28:11 on 11/03/2010 under Order No.0729070070 1 which expires uii 10/13/2011, and is not for resale. User Notes: 1725828202) EXHIBIT C 290 Seaks Run Road•Glen Rock,PA 17327-9594 phone:717.235.6830 •fax: 717.235.0101 STATEMENT Tamanini&Company DATE: December 2,2011 ATTN:Frank Tamanihi 832 Tamanlni Way Mechanicsburg,PA 17055 Trindle Station Toivnhomes DATE REF. NO. DESCRIPTION CHARGES CREDITS BALANCE 12/31/10 08614 Invoice $11,674.32 $11,674.32 1128111 Payment(Invoice 08614) $11,674.32 $0.00 2/2/11 0861-2 Invoice $17,172.48 $17,172.411 3/2111 Payment(Invoice 0861-2) $17,172.48 $0.00 3/17/11 0861-3 Invoice $40,009.32 $40,009.32 3/29/11 Payment(Invoice 0861-3) $40,009.32 $0.00 4/19111 0861-4 Invoice $336076186 $33,078.96 5116111 08615 invoice $11;67016 $44,749.82 5/20/11 Payment(Invoice 0861-4) $33,078.96 $11,670.66 6/21/11 Payment(Invoice 0861-5) $11,670.86 $0.00 6/30/11 0861-6 Invoice $14,831.67 $14,831.67 8/1111 0861-7 Invoice $23;874.20 $38,703.77 8123111 Payment(Invoice 0861-7) 23,874.20 $14,831.67 9/2111 0861-8 Invoice $6.60303;51 $81,135.08 9/8/11 Payment(Invoice 0861-6) 14,831.57` $66,303.61 918111 Payment(Invoice 0861.8) 20,850.00 $45,463.51 1013/11 6861-9 Invoice $42,601.86 $88,055.37 10/14111 Payment(Invoice 0861-8) 24,603.51 $63,451.86 10/20/11 Payment(Invoice 0861-8) 20,860.00 $42,601.86 11/1111 086140 Invoice $39,610.07 $82,211.93 $82,211.93 EXHIBIT www.springcon.com a EXHIBIT D Corporations Online Services I Corporations I Forms I Contact Corporations I Business Services Search Business Entity Filing By Business Name History By Business Entity ID Date:6/29/2012 (Select the link above to view Verify the Business Entity's Filing Verify Certification History) Online Orders Register for Online Orders Order Good Standing Business Name History Order Certified Documents Order Business List Name Name Type My Images Tamanini &Company Current Name Search for Images Limited Liability Company- Domestic- Information Entity Number: 3878679 Status: Active Entity Creation Date: 4/22/2009 State of Business.: PA Registered Office Address: 832 Tamanini Way Mechanicsburg PA 17055 Cumberland Mailing Address: No Address o�prt,voy�j�� Hone Copyright Q 2002 Pennsylvania Department of State.All Rights Reserved. Commonwealth of PA Privacy Statement BIT https://www.corporations.state.pa.us/corp/soskb/Corp.asp?2748533 a I UOLL1VOJ J-UtLLY 1 VL 1 Corporations Online Services I Corporations I Forms I Contact Corporations I Business Services Search Business Entity Filing By Business Name History By Business Entity ID Date:6/29/2012 Verify (Select the link above to view Verify Certification the Business Entity's Filing History) OnlineOrders _._..---.._._.._._-_.-----_._...----_..._..-._-----.._...._.__..__.___..-....._.._.-.._._....__.._.....___..__._...._----......._ .-....._..---.-._.-.._... Register for Online Orders Order Good Standing Business Name History Order Certified Documents Order Business List Name Name Type My images Tamanini &Company Current Name Search for Images Fictitious Names-Domestic- Information Entity Number: 3797844 Status: Active Entity Creation Date: 3/20/2008 State of Business.: PA Principal Place of Business: 5275 East Tingle Road Mechanicsburg PA 17050 Mailing Address: No Address Owner Information Owner(s)for: Tamanini&Company Owners Name: Tamanini,Frank P Mailing Address: 5275 East Tindle Road Mechanicsburg PA o fin U d Komi Copyright®2002 Pennsylvania Department of State.All Rights Reserved. Commonwealth of PA Privacy Statement https://www.corporations.state.pa.us/corp/soskb/Corp.asp?2651807 6/29/2012 EXHIBIT E i APPLICATION AND CERTIFICATE FOR PAYMENT PAGE ONE OF PAGES TO: Trindle Sta ion LLC PROJECT: Trindle Station Section 2-Phase II m Attn: Frank Tamanini Monroe Township,Cumberland County 832 Tamanini Way APPLICATION NO. 1 Mechanicsburg, PA 17055 PERIOD TO: 12/31/10 W PROJECT NO. 861 VIA(Engineer): Alpha Consulting Engineers, Inc. CONTRACT DATE: 11/32010 ."wcm FROM: Springfield Contractors, Inc. RFPI JOB NO. 290 Seaks Run Road INVOICE NO. 0861-1 Glen Rock, PA 17327 VENDOR NO. CONTRACT FOR: Sitework& Utilities NT APPLICATION FOR PAYMENT The undersigned Contractor certifies that to the best of the Contractor's knowledge, infor- Apnlication is made for payment, as shown below,In connection with the Contract. mation and belief the Work covered by this Application for Payment has been completed C nuabon Sheet,AIA Document G703, is attached. in accordance with the Contract Documents,that all amounts have been paid by the 1. ORIGINAL CONTRACT SUM $ 261,974.00 Contractor for Work for which previous Certificates for Payment were issued and pay- 2. Net change by Change Orders $ - menu received from the Owner,and that current payment shown herein is now due. 3. CONTRACT SUM TO DATE (Line 1±2) $ 261,974.00 CONTRACTO Springfield 9ontractors, Inc. 4. TOTAL COMPLETED&STORED TO DATE $ 11,674.32 (Column G on G703) By: Date: 12/31/10 5. RETAINAGE: a. % of Completed Work $ State of Pennsylvania (Column D+ E on G703) County of: York b._% of Stored Material $ Subscribed and sworn to before (Column F on G703) me this day of 2010 Total Retainage(Line 5a+5b or Notary Public: Total in Column I of G703) $ - My Commission expires: 6. TOTAL EARNED LESS RETAINAGE $ 11,674.32 -- ARCHITECT'S CERTIFICATE FOR PAYMENT � (Line 4 less Line 5 Total) In accordance with the Contract Documents, based on on-site observations and the data 7 "SS PREVIOUS CERTIFICATES FOR PAYMENT compromising this application,the Architect certifies to the Owner that to the best of the -ine 6 from prior Certificate) $ - Acrhitect's knowledge,information and belief the Work has progressed as indicated,the 8. CURRENT PAYMENT DUE $1 11,67 quality of the Work is in accordance with the Contract Documents, and the Contractor 9. BALANCE TO FINISH, INCLUDING RETAINAGE - is entitled to payment of the AMOUNT CERTIFIED. - (Line 3 less Line 6) $ 250,299.68 AMOUNT CERITIFIED $ (Attach explanation if amount certified differs from the amount applied for. Initial CHANGE ORDER SUMMARY ADDITIONS DEDUCTIONS all figures on this Application and on the Continuation Sheet that are changed to Total changes approved in conform to the amount certified.) previous months by owner Engineer: Total approved this month By. Date: TOTALS - This certificate is not negotiable. The AMOUNT CERTIFIED is payable only to the Con- NET CHANGES by chap a order.__—F tractor named herein. Issuance, payment and acceptance of payment are without prejudice to any rights of the Owner or Contractor under this Contract. CONTINUATION SHEET AIA Document G702, APPLICATION AND CERTIFICATE FOR PAYMENT, containing APPLICATION NUMBER: 1 Contractor's signed Certification is attached. APPLICATION DATE: 12/31/10 In tabulations below, amounts are state to the nearest dollar. PERIOD TO: 12/31!10 Use Column I on Contracts where viable retainage for line items may apply. PROJECT NO: 0840 A B C D E F G H I J ITEM DESCIPTION OF WORK — CONTRACT — — THIS PERIOD — STORED — TOTAL -- NO. OTAL --NO. MATERIAL UNITS UNIT PRICE AMOUNT QUANTITY AMOUNT (THIS QUANTITY AMOUNT APLLICATION) (PREVIOUS+THIS+STORED PART A-E&S CONTROLS 101 18"SILT SOXX 543 LF 5.50 2,986.50 355.00 LF 1,952.50 355.00 LF 1,952.50 102 24"SILT SOXX 473 LF 8.80 4,162.40 307.00 LF 2,701.60 307.00 LF 2,701.60 103 INLET PROTECTION(sack) 13 EA 21.40 278.20 EA - EA - 104 SEED& MULCH 1 LS 3,395.00 3,395.00 LS - LS - 105 SEDIMENT TRAP#1 1 EA 2,850.00 2,850.00 EA - EA - 106 CLEAN OUT 1 EA 74.00 74.00 EA - EA - 107 AASHTO#57 STONE FILTER 1 EA 465.00 465.00 EA - EA - 108 PLYWOOD RISOR 1 EA 85.00 85.00 EA - EA - 109 CLEARING &GRUBBING 1 LS 5,308.00 5,308.00 1.00 LS 5,308.00 1.00 LS 5,308.00 195 SUBTOTAL-PART A 19,604.10 9,962.10 9,962.10 PART B-STORMWATER MANAGEMENT 201 SEDIMENT BASIN 3 1.00 LS 34,244.40 34,244.40 0.05 LS 1,712.22 0.05 LS 1,712.22 202 OUTLET STRUCTURE OS D2 1 LS 3,845.00 3,845.00 LS - LS - 203 FAIRCLOTH SKIMMER ASMB. 1 LS 1,215.00 1,215.00 LS - LS - 204 PLYWOOD RISOR 1 LS 99.00 99.00 LS - LS - 205 STONE BERM &DEWATER 1 EA 486.00 486.00 EA - EA - 206 BAFFLE 160 LF 21.20 3,392.00 LF - LF - 207 SPILLWAY 1 LS 230.00 230.00 LS - LS - 208 ANTI-SEEP COLLAR 2 EA 608.00 1,216.00 EA - EA - CONTINUED ON NEXT SHEET CONTINUATION SHEET AIA Document G702, APPLICATION AND CERTIFICATE FOR PAYMENT, containing APPLICATION NUMBER: 1 Contractor's signed Certification is attached. APPLICATION DATE: 12/31/10 In tabulations below, amounts are state to the nearest dollar. PERIOD TO: 12/31/10 Use Column I on Contracts where viable retainage for line items may apply. PROJECT NO: 0861 A B C D E F G H I J ITEM DESCIPTION OF WORK --- CONTRACT -- --- THIS PERIOD — STORED -- TOTAL --- NO. MATERIAL UNITS UNIT PRICE AMOUNT QUANTITY AMOUNT (THIS QUANTITY AMOUNT APLLICATION) (PREVIOUS+THIS+STORED PART B-STORMWATER CONTINUED 209 CLAY CORE 1 LS 183.00 183.00 LS - LS - 210 CLEANOUT STAKE 1 EA 75.00 75.00 EA - EA - 212 15"DIA HDPE 234 LF 21.48 5,026.32 LF - LF - 213 18" DIA HDPE 140 LF 25.39 3,554.60 LF - LF - 214 30" DIA HDPE (0-6') 367 LF 39.79 14,602.93 LF - LF - 215 30"DIA HDPE (10'-12") 116 LF 43.40 5,034.40 LF - LF - 216 30" DIA HDPE (12'-14") 93 LF 56.58 5,261.94 LF - LF - 217 36"DIA HDPE (0-6') 306 LF 51.93 15,890.58 LF - LF - 218 48" DIA HDPE 38 LF 77.29 2,937.02 LF - LF - 219 29"x 42"CMP 487 LF 55.26 26,911.62 LF - LF - 220 2x4'TYPE M INLET 1 EA 1,781.00 1,781.00 EA - EA _ 221 2x4'TYPE C INLET 7 EA 1,446.00 10,122.00 EA - EA - 222 3x4' INLET w/2'x4'TOP TYPE C 3 EA 2,296.00 6,888.00 EA - EA - 223 4x4'BOX w/2x4'TOP TYPE C 3 EA 2,515.00 7,545.00 EA - EA - 224 2x6'BOX w/2'x4'TOP TYPE M 2 EA 1,755.00 3,510.00 EA - EA - 225 STORM MANHOLE 4x4' 3 EA 2,064.00 6,192.00 EA - EA - 226 STORM MANHOLE 4'x6' 2 EA 2,390.00 4,780.00 EA - EA - 227 PRECAST ENDWALLS 2 EA 1,710.00 3,420.00 EA EA - 228 15"DIA HDPE END SECTION 1 EA 409.00 409.00 EA - EA - 229 RIP-RAP APRON 3 EA 1,165.00 3,495.00 EA - EA - SUBTOTAL-PART B 172,346.81 1,712.22 1,712 22 CONTINUED ON NEXT SHEET 'CONTINUATION SHEET AIA Document G702, APPLICATION AND CERTIFICATE FOR PAYMENT, containing APPLICATION NUMBER: 1 Contractor's signed Certification is attached. APPLICATION DATE: 12/31/10 In tabulations below, amounts are state to the nearest dollar. PERIOD TO: 12/31/10 Use Column I on Contracts where viable retainage for line items may apply. PROJECT NO: 0861 A B C D E F G H I J ITEM DESCIPTION OF WORK — CONTRACT --- --- THIS PERIOD --- STORED --- TOTAL --- NO. MATERIAL UNITS UNIT PRICE AMOUNT QUANTITY AMOUNT (THIS QUANTITY AMOUNT APLLICATION) (PREVIOUS+THIS+STORED PART C-SITE EXCAVATION 300 STRIP TOPSOIL 851 CY 1.05 893.55 CY - CY - 310 SITE GRADING 1.00 LS 35,484.08 35,484.08 LS - LS - 320 REPLACE TOPSOIL 851 CY 1.70 1,446.70 CY - CY - SUBTOTAL-PART C 37,824.33 - - PART D-SANITARY SEWER 401 8"SDR 35 (6-8') 346 LF 17.37 6,010.02 LF - LF - 402 8"SDR 35 (8-10') 18 LF 20.05 360.90 LF - LF - 403 8" SDR 35 (10-12') 70 LF 23.05 1,613.50 LF - LF - 404 6"SDR 35 LATERALS 484 LF 27.20 13,164.80 LF - LF - 405 8"4"WYE&6"BEND 18 LF 81.50 1,467.00 LF - LF - 406 6"CLEANOUT ASSEMBLY 18 LF 85.00 1,530.00 LF - LF - 407 48" DIA CONCRETE MANHOLE 2 LF 1,986.00 3,972.00 LF - LF - 408 CONNECT TO EX STUB 1 LF 181.00 181.00 LF - LF - 409 SELECT BACKFILL IN DITCH 453 EA 6.18 2,799.54 EA - EA - 410 TESTING 1 EA 545.00 545.00 EA - EA - 411 SET MANHOLE LID &COVER 3- EA 185.00 555.00 EA EA - SUBTOTAL-PART D 32,198.76 APPLICATION TOTALS 261,974.00 11,674.32 11,674.32 2.410 DATE2/15/2011 PAY TSpringfield Contractors, Inc. AmOuNT s11,674.32 MEMApp#1, Section 2 cATEAccounts Payable Accr.Graystone Bank APPLICATION AND CERTIFICATE FOR PAYMENT PAGE ONE OF PAGES TO: Trindle Station}LLC PROJECT: Trindle Station Section 2-Phase II Attn: Frank Tamanini Monroe Township, Cumberland County 832 Tamanini Way APPLICATION NO. 2 Mechanicsburg, PA 17055 PERIOD TO: 129/11 PROJECT NO. 861 VIA(Engineer): Alpha Consulting Engineers,Inc. CONTRACT DATE: 11/32010 FROM: Springfield Contractors, Inc. RFPI JOB NO. 290 Seaks Run Road INVOICE NO. 0861-2 Glen Rock, PA 17327 VENDOR NO. CONTRACT FOR: Sitework&Utilities CONTRACTOR'SAPPLICATION FOR PAYMENT The undersigned Contractor certifies that to the best of the Contractor's knowledge, infor- Application is made for payment, as shown below,in connection with the Contract mation and belief the Work covered by this Application for Payment has been completed Cor cation Sheet,AIA Document G703,is attached. in accordance with the Contract Documents,that all amounts have been paid by the 1. OixiGINAL CONTRACT SUM $ 261,974.00 Contractor for Work for which previous Certificates for Payment were issued and pay- 2. Net change by Change Orders $ - ments received from the Owner,and that current payment shown herein is now due. 3. CONTRACT SUM TO DATE (Line 1+2) $ 261,974.00 CONTRACTOR: Spdn field Con actors, Inc. 4.TOTAL COMPLETED&STORED TO DATE $ 28,846.80 (Column G on G703) By: Date: 222011 5. RETAINAGE: a. % of Completed Work $ State of: Pennsylvania (Column D+E on G703) County of: York b._% of Stored Material $ Subscribed and sworn to before (Column F on G703) me this day of 2011 Total Retainage(Line 5a+5b or Notary Public: Total in Column I of G703) $ - My Commission expires: 6.TOTAL EARNED LESS RETAINAGE $ 28,846.80 ARCHITECT'S CERTIFICATE FOR PAYMENT (Line 4 less Line 5 Total) In accordance with the Contract Documents, based on on-site observations and the data 7. LESS PREVIOUS CERTIFICATES FOR PAYMENT compromising this application,the Architect certifies to the Owner that to the best of the 6 from prior Certificate) $ 11,674.32 Acrhitect's knowledge, information and belief the Work has progressed as indicated,the 8. CURRENT PAYMENT DUE $ 17 172.48 quality of the Work is in accordance with the Contract Documents,and the Contractor 9. BALANCE TO FINISH, INCLUDING RETAINAGE is entitled to payment of the AMOUNT CERTIFIED. (Line 3 less Line 6) $ 233,127.20 AMOUNT CERITIFIED $ (Attach explanation if amount certified differs from the amount applied for. Initial CHANGE ORDER SUMMARY ADDITIONS DEDUCTIONS all figures on this Application and on the Continuation Sheet that are changed to Total changes approved in conform to the amount certified.) previous months by owner Engineer. Total approved this month By: Date: TOTALS1 This certificate is not negotiable. The AMOUNT CERTIFIED is payable only to the Con- NET CHANGES by change order - tractor named herein. Issuance, payment and acceptance of payment are without prejudice to any rights of the Owner or Contractor under this Contract CONTINUATION SHEET AIA Document G702, APPLICATION AND CERTIFICATE FOR PAYMENT, containing APPLICATION NUMBER: 2 !, Contractor's signed Certification is attached. APPLICATION DATE: 2/2/11 In tabulations below, amounts are state to the nearest dollar. PERIOD TO: 1/29/11 Use Column I on Contracts where viable retainage for line items may apply. PROJECT NO: 0840 A B C D E F G H I J ITEM DESCIPTION OF WORK — CONTRACT — — THIS PERIOD — STORED — TOTAL -- NO. MATERIAL UNITS UNIT PRICE AMOUNT QUANTITY AMOUNT (THIS QUANTITY AMOUNT APLLICATION)j (PREVIOUS+THIS+STORED PART A-E&S CONTROLS 101 18"SILT SOXX 543 LF 5.50 2,986.50 LF - 355.00 LF 1,952.50 102 24"SILT SOXX 473 LF 8.80 4,162.40 LF - 307.00 LF 2,701.60 03 INLET PROTECTION(sack) 13 EA .21.40 278.20 EA - EA - 104 SEED& MULCH 1 LS 3,395.00 3,395.00 LS - LS - 105 SEDIMENT TRAP#1 1 EA 2,850.00 2,850.00 EA - EA - 106 CLEAN OUT 1 EA 74.00 74.00 EA - EA - 107 AASHTO#57 STONE FILTER 1 EA 465.00 465.00 EA - EA - 108 PLYWOOD RISOR 1 EA 85.00 85.00 EA - EA - 109 CLEARING &GRUBBING 1 LS 5,308.00 5,308.00 LS - 1.00 LS 5,308.00 195 SUBTOTAL-PART A 19,604.10 - 9,962.10 PART B-STORMWATER MANAGEMENT 201 SEDIMENT BASIN 3 1.00 LS 34,244.40 34,244.40 0.45 LS 15,409.98 0.50 LS 17,122.20 202 OUTLET STRUCTURE OS D2 1 LS 3,845.00 3,845.00 LS - LS - 203 FAIRCLOTH SKIMMER ASMB. 1 LS 1,215.00 1,215.00 LS - LS - G04 PLYWOOD RISOR 1 LS 99.00 99.00 LS - LS - 205 STONE BERM &DEWATER 1 EA 486.00 486.00 EA - EA - 206 BAFFLE 160 LF 21.20 3,392.00 LF - LF - 207 SPILLWAY 1 LS 230.00 230.00 LS - LS - 208 ANTI-SEEP COLLAR 2 EA 608.00 1,216.00 EA - EA - CONTINUED ON NEXT SHEET CONTINUATION SHEET AIA Document G702, APPLICATION AND CERTIFICATE FOR PAYMENT, containing APPLICATION NUMBER: 2 Contractor's signed Certification is attached. APPLICATION DATE: 2/2/11 In tabulations below, amounts are state to the nearest dollar. PERIOD TO: 1/29/11 Use Column I on Contracts where viable retainage for line items may apply. PROJECT NO: 0861 A B C D E F G H I J ITEM DESCIPTION OF WORK — CONTRACT --- — THIS PERIOD — STORED — TOTAL — NO. MATERIAL UNITS UNIT PRICE AMOUNT QUANTITY AMOUNT (THIS QUANTITY AMOUNT APLLICATION) (PREVIOUS+THIS+STORED PART B-STORMWATER CONTINUED 209 CLAY CORE 1 LS 183.00 183.00 LS - LS - 210 CLEANOUT STAKE 1 EA 75.00 75.00 EA - EA - 12 15"DIA HDPE 234 LF 21.48 5,026.32 LF - LF - 213 18" DIA HDPE 140 LF 25.39 3,554.60 LF - LF - 214 30"DIA HDPE (0-6') 367 LF 39.79 14,602.93 LF - LF - 215 30"DIA HDPE (10'-12") 116 LF 43.40 5,034.40 LF - LF - 216 30"DIA HDPE (12'-14") 93 LF 56.58 5,261.94 LF - LF - 217 36"DIA HDPE (0-6') 306 LF 51.93 15,890.58 LF - LF - 218 48" DIA HDPE 38 LF 77.29 2,937.02 LF - LF - 219 29"x 42"CMP 487 LF 55.26 26,911.62 LF - LF - 220 2'x4'TYPE M INLET 1 .EA 1,781.00 1,781.00 EA - EA - 221 2'x4'TYPE C INLET 7 EA 1,446.00 10,122.00 EA - EA - 222 3'x4' INLET w/2'x4'TOP TYPE C 3 EA 2,296.00 6,888.00 EA - EA - 223 4'x4'BOX w/2'x4'TOP TYPE C 3 EA 2,515.00 7,545.00 EA - EA - 224 2'x6' BOX w/2'x4'TOP TYPE M 2 EA 1,755.00 3,510.00 EA - EA - 225 STORM MANHOLE 4'x4' 3 EA 2,064.00 6,192.00 EA - EA - x26 STORM MANHOLE 4'x6' 2 EA 2,390.00 4,780.00 EA - EA - 227 PRECAST ENDWALLS 2 EA 1,710.00 3,420.00 1.00 EA 1,710.00 1.00 EA 1,710.00 228 15"DIA HDPE END SECTION 1 EA 409.00 409.00 EA - - - EA - 229 RIP-RAP APRON 3 EA 1,165.00 3,495.00 EA - EA - SUBTOTAL-PART B 172,346.81 17,119.98 18,832.20 CONTINUED ON NEXT SHEET CONTINUATION SHEET AIA Document G702, APPLICATION AND CERTIFICATE FOR PAYMENT, containing APPLICATION NUMBER: 2 Contractor's signed Certification is attached. APPLICATION DATE: 212111 In tabulations below, amounts are state to the nearest dollar. PERIOD TO: 1129111 Use Column I on Contracts where viable retainage for line items may apply. PROJECT NO: 0861 A B C D E F G H I J ITEM DESCIPTION OF WORK --- CONTRACT — --- THIS PERIOD -- STORED -- TOTAL — NO. MATERIAL UNITS UNIT PRICE AMOUNT QUANTITY AMOUNT (THIS QUANTITY AMOUNT APLLICATION) (PREVIOUS+THIS+STORED PART C-SITE EXCAVATION 300 STRIP TOPSOIL 851 CY 1.05 893.55 50 CY 52.50 50 CY 52.5 310 SITE GRADING 1.00 LS 35,484.08 35,484.08 LS - LS - 320 REPLACE TOPSOIL 851 CY 1.70 1,446.70 CY - CY - SUBTOTAL-PART C 37,824.33 52.50 52.50 PART D-SANITARY SEWER 401 8"SDR 35 (6-8') 346 LF 17.37 6,010.02 LF - LF 402 8"SDR 35 (8-101) 18 LF 20.05 360.90 LF - LF - 403 18"SDR 35 (10-12') 70 LF 23.05 1,613.50LF - LF - 404 i6"SDR 35 LATERALS 484 LF 27.20 13,164.80 LF - LF - 405 18"x6"WYE&6" BEND 18 LF 81.50 1,467.00 LF - LF - 406 i6"CLEANOUT ASSEMBLY 18 LF 85.00 1,530.00 LF - LF 407 j48"DIA CONCRETE MANHOLE 2 LF 1,986.00 3,972.00 LF - LF - 408 CONNECT TO EX STUB 1 LF 181.00 181.00 LF - LF - . 409 SELECT BACKFILL IN DITCH 453 EA 6.18 2,799.54 EA - EA - 410 TESTING 1 EA 545.00 545.00 EA EA _ 411 SET MANHOLE LID&COVER 3 EA 185.00 555.00 EA - EA _ SUBTOTAL-PART D 32,198.76 APPLICATION TOTALS 261,974.00 17,172.48 28,846.80 444 DATE 3/1/2011 PAY TtSpringfield Contractors, Inc. AMOUNT $17,172.48 MEMo4pp#2, Section 2 cATEcAccounts'Payable nccT.Graystone Bank IkPPLIZOATION AND CERTIFICATE FOR PAYMENT PAGE ONE OF PAGES 'O: Trindl a Station LLC PROJECT: Trindle Station Section 2-Phase II Attn: Frank Tamanini Monroe Township, Cumberland County 832 Tamanini Way APPLICATION NO. 3 Mechanicsburg, PA 17055 PERIOD TO: 3/11/11 PROJECT NO. 861 VIA(Engineer): Alpha Consulting Engineers, Inc. CONTRACT DATE: 11/32010 -ROM: S ringfield Contractors, Inc. RFPI JOB NO. 90 Seaks Run Road INVOICE NO. 0864-3 len Rock, PA 17327 VENDOR NO. CONTRA T FOR: Sitework&Utilities N R' APPLICATION R PAYMENT The undersigned Contractor certifies that to the best of the Contractor's knowledge. infor- Nipplicatior is made for payment,as shown below, in connection with the Contract. mation and belief the Work covered by this Application for Payment has been completed ;on+' iti n Sheet,AIA Document G703, is attached. in accordance with the Contract Documents,that all amounts have been paid by the 1. O,..jl AL CONTRACT SUM $ 261,974.00 Contractor for Work for which previous Certificates for Payment were issued and pay- 2. Net change by Change Orders $ - ments received from the Owner,and that current payment shown herein is now due. 3. CONT CT SUM TO DATE (Line 1±2) $ 261,974.00 CONTRACTOR: Springfield ntractors, Inc. 4.TOTAL COMPLETED&STORED TO DATE $ 68,856.12 (Columi G on G703) By: Date: 3/172011 5. RETAINAGE: IZ a._Yo of Completed Work $ State of: Pennsylvania (Column D+ E on G703) County of: York b._ o of Stored Material $ Subscribed and sworn to before (C)lumn F on G703) me this day of 2011 Total Retainage(Line 5a+5b or Notary Public: Total in Column I of G703) $ - My Commission expires: 6.TOTAL EARNED LESS RETAINAGE $ 68,856.12 ARCHITECT'S CERTIFICATE FOR PAYMENT (Lin a 4 less Line 5 Total) In accordance with the Contract Documents, based on on-site observations and the data 7. LESS PREVIOUS CERTIFICATES FOR PAYMENT compromising this application,the Architect certifies to the Owner that to the best of the 6 from prior Certificate) $ 28,846.80 Acrhitect's knowledge,information and belief the Work has progressed as indicated,the 8.CURR NT PAYMENT DUE $ 40,009. quality of the Work is in accordance with the Contract Documents, and the Contractor 9. BALAt ICE TO FINISH, INCLUDING RETAINAGE is entitled to payment of the AMOUNT CERTIFIED. (Line 3 ess Line 6) $ 193,117.88 AMOUNT CERITIFIED $ (Attach explanation if amount certified differs from the amount ofplied for. Initial iCHANGE ORDER SUMMARY ADDITIONS DEDUCTIONS all figures on this Application and on the Continuation Sheet that are changed to Total chai iges approved in conform to the amount certified.) previous lonths by owner Engineer: Total app oved this month By: Date: TOTALS1 This certificate is not negotiable. The AMOUNT CERTIFIED is payable only to the Con- NET CH NGES by change order - tractor named herein. Issuance, payment and acceptance of payment are without prejudice to any rights of the Owner or Contractor under this Contract. CONTINUATION SHEET AIA Document G702, APPLICATION AND CERTIFICATE FOR PAYMENT, containing APPLICATION NUMBER: 3 Contr ctor's signed Certification is attached. APPLICATION DATE: 3/17/11 In tabt lations below, amounts are state to the nearest dollar. PERIOD TO: 3/11/11 Use C lumn I on Contracts where viable retainage for line items may apply. PROJECT NO: 0840 fN A BC D E F G HEM DESCIPTION OF WORK -- CONTRACT -- --- THIS PERIOD -- STORED --- TOTAL --- 0. MATERIAL UNITS UNIT PRICE AMOUNT QUANTITY AMOUNT (THIS QUANTITY AMOUNT APLLICATION) (PREVIOUS+THIS+STORED PART A-E&S CONTROLS 101 18"SILT SOXX 543 LF 5.50 2,986.50 LF - 355.00 LF 1,952.50 102 24"SILT SOXX 473 LF 8.80 4,162.40 LF - 307.00 LF 2,701.60 J3 INLET PROTECTION(sack) 13 EA 21.40 278.20 EA - EA - 104 SEED & MULCH 1 LS 3,395.00 3,395.00 LS - LS - 105 SEDIMENT TRAP#1 1 EA 2,850.00 2,850.00 EA - EA - 106 LEAN OUT 1 EA 74.00 74.00 EA - EA - 107 AASHTO#57 STONE FILTER 1 EA 465.00 465.00 EA - EA - 108 PLYWOOD RISOR 1 EA 85.00 85.00 EA - EA - 109 CLEARING&GRUBBING 1 LS 5,308.00 5,308.00 LS - 1.00 LS 5,308.00 195 SUBTOTAL-PART A 19,604.10 - 9,962.10 PART B-STORMWATER MANAGEMENT 201 SEDIMENT BASIN 3 1.00 LS 34,244.40 34,244.40 0.40 LS 13,697.76 0.90 LS 30,819.96 202 OUTLET STRUCTURE OS D2 1 LS 3,845.00 3,845.00 1.00 LS 3,845.00 1.00 LS 3,845.00 203 FAIRCLOTH SKIMMER ASMB. 1 LS 1,215.00 1,215.00 LS - - LS - �. ...04 PLYWOOD RISOR 1 LS 99.00 99.00 LS - LS - 205 STONE BERM &DEWATER 1 EA 486.00 486.00 EA - EA - .20E BAFFLE 160 LF 21.20 3,392.00 LF - LF - 20 SPILLWAY 1 LS 230.00 230.00 LS - LS - 20 'ANTI-SEEP COLLAR 2 EA 608.00 1,216.00 2.00 EA 1,216.00 2.00 EA 1,216.00 CONTINUED ON NEXT SHEET CONTINUATION SHEET AIA D cement G702, APPLICATION AND CERTIFICATE FOR PAYMENT, containing APPLICATION NUMBER: 3 Contr ctor's signed Certification is attached. APPLICATION DATE: 3/17/11 In tab lations below, amounts are state to the nearest dollar. PERIOD TO: 3/11/11 Use C lumn I on Contracts where viable retainage for line items may apply. PROJECT NO: 0861 A B C D E F G H I J ITEM DESCIPTION OF WORK - CONTRACT -- --- THIS PERIOD --- STORED -- TOTAL --- N0. MATERIAL UNITS UNIT PRICE AMOUNT QUANTITY AMOUNT (THIS QUANTITY AMOUNT APLLICATION) (PREVIOUS+THIS+STORED PART B-STORMWATER CONTINUED 209 CLAY CORE 1 LS 183.00 183.00 1.00 LS 183.00 1.00 LS 183.00 210 CLEA\NOUT STAKE 1 EA 75.00 75.00 EA - EA - i 2 15" DIA HDPE 234 LF 21.48 5,026.32 LF - LF - 213 18" DIA HDPE 140 LF 25.39 3,554.60 LF - LF - 214 30" DIA HDPE (0-6') 367 LF 39.79 14,602.93 38.00 LF 1,512.02 38.00 LF 1,512.02 215 30" DIA HDPE (10'-12") 116 LF 43.40 5,034.40 LF - LF - 216 30" DIA HDPE (12'-14") 93 LF 56.58 5,261.94 LF - LF - 217 36" DIA HDPE (0-6') 306 LF 51.93 15,890.58 LF - LF - 218 48" DIA HDPE 38 LF 77.29 2,937.02 38.00 LF 2,937.02 38.00 LF 2,937.02 219 29"x 42"CMP 487 LF 55.26 26,911.62 132.00 LF 7,294.32 132.00 LF 7,294.32 220 2'x4'TYPE M INLET 1 EA 1,781.00 1,781.00 EA - EA - 221 2'x4'TYPE C INLET 7 EA 1,446.00 10,122.00 1.00 EA 1,446.00 1.00 EA 1,446.00 222 3'x4' INLET w/2'x4'TOP TYPE C 3 EA 2,296.00 6,888.00 EA - EA - 223 4'x4' BOX w/2'x4'TOP TYPE C 3 EA 2,515.00 7,545.00 EA - EA - 224 2'x6' BOX w/2'x4'TOP TYPE M 2 EA 1,755.00 3,510.00 EA - EA - ?25 STORM MANHOLE 4'x4' 3 EA 2,064.00 6,192.00 1.00 EA 2,064.00 1.00 EA 2,064.00 I, 1 STORM MANHOLE 4'x6' 2 EA 2,390.00 4,780.00 EA - EA - 227 DRECAST ENDWALLS 2 EA 1,710.00 3,420.00 1.00 EA 1,710.00 2,00 EA 3,420.00 22 15" DIA HDPE END SECTION 1 EA 409.00 409.00 - EA - EA - 22 RIP-RAP APRON 3 EA 1,165.00 3,495.00 2.00 EA 2,330.00 2.00 EA 2,330.00 SUBTOTAL-PART B 172,346.81 38,235.12 57,067.32 CONTINUED ON NEXT SHEET CONTINUATION SHEET jtab ument G702,APPLICATION AND CERTIFICATE FOR PAYMENT, containing APPLICATION NUMBER: 3 tor's signed Certification is attached. APPLICATION DATE: 3/17/11 ations below, amounts arestate to the nearest dollar. PERIOD TO: 3/11/11 umn I on Contracts where viable retainage for line items may apply. PROJECT NO: 0861 B C D E F G H I J ITEM DESCIPTION OF WORK --- CONTRACT -- --- THIS PERIOD --- STORED --- TOTAL --- NO. MATERIAL UNITS UNIT PRICE AMOUNT QUANTITY AMOUNT (THIS QUANTITY AMOUNT PART C-SITE EXCAVATION APLLICATION)l (PREVIOUS+THIS+STORED 300 STRIP TOPSOIL 851 CY 1.05 893.55 CY - 50 CY 52.50 310 SITE GRADING 1.00 LS 35,484.08 35,484.08 0.05 LS 1,774.20 0.05 LS 1,774.20 ?0 REPLACE TOPSOIL 851 CY 1.70 1,446.70 CY - CY - SUBTOTAL-PART C 37,824.33 1,774.20 1,826.70 PART D-SANITARY SEWER 401 8" SDR 35 (6-8') 346 LF 17.37 6,010.02 LF - LF - 402 8" SDR 35 (8-101) 18 LF 20.05 360.90 LF - LF - 403 8"SDR 35 (10-12') 70 LF 23.05 1,613.50 LF - LF - 404 6"SDR 35 LATERALS 484 LF 27.20 13,164.80 LF - LF - 405 8"x6"WYE&6" BEND 18 LF 81.50 1,467.00 LF - LF - 406 6"CLEANOUT ASSEMBLY 18 LF 85.00 1,530.00 LF - LF - 407 48"DIA CONCRETE MANHOLE 2 LF 1,986.00 3,972.00 LF - LF - 408 CONNECT TO EX STUB 1 LF 181.00 181.00 LF - LF - 409 SELECT BACKFILL IN DITCH 453 EA 6.18 2,799.54 EA - EA - 40 TESTING 1 EA 545.00 545.00 EA - EA - 411 SET MANHOLE LID&COVER 3 EA 185.00 555.00 EA - EA - SUBTOTAL-PART D 32,198.76 APPLICATION TOTALS 261,974.00 40,009.32 68,856.12 2426 DATE 3/29/2011 PAYT6pringfield Contractors, Inc. AMOUNT s40,009.32 MEMaAPPL#3, P2-S2 cATEAccounts Payable Accr.Graystone Bank APP ® � LIGATION AND CERTIFICATE FOR PAYMENT P NE OF PAGES r•O: Trindle Station LLC PROJECT: Trindle Station Section 2-Phase 11 Attn: Frank Tamanini Monroe Township,Cumberland County 832 Tamanini Way APPLICATION NO. 4 Mechanicsburg, PA 17055 PERIOD TO: 4/19/11 PROJECT NO. 861 VIA(Engineer): Alpha Consulting Engineers, Inc. CONTRACT DATE: 11/32010 =ROM: Springfield Contractors, Inc. RFPI JOB N0. 290 Seaks Run Road INVOICE NO. 0861-4 Glen Rock, PA 17327 VENDOR NO. CONTRACT FOR: Sitework&Utilities CONTRACTOR'S APPLICATION FOR PAYMENT The undersigned Contractor certifies that to the best of the Contractor's knowledge, infor- 4pplication is made for payment, as shown below,in connection with the Contract. mation and belief the Work covered by this Application for Payment has been completed 'ontir,4ation Sheet,AIA Document G703,is attached. in accordance with the Contract Documents,that all amounts have been paid by the 1. 01 jINAL CONTRACT SUM $ 261,974.00 Contractor for Work for which previous Certificates for Payment were issued and pay- 2. Net change by Change Orders $ - ments received from the Owner,and that current payment shown herein is now due. 3. CONTRACT SUM TO DATE (Line 1±2) $ 261,974.00 CONTRACTOR: prig gfield.Iractors, Inc. 4.TOTAL COMPLETED&STORED TO DATE $ 101,935.08 (Column G on G703) By: Date: 4/19/11 5. RETAINAGE: a. % of Completed Work $ State of. Pennsylvania (Column D+ E on G703) County of. York b._% of Stored Material $ Subscribed and sworn to before (Column F on G703) me this day of 2011 Total Retainage(Line 5a+5b or Notary Public: Total in Column I of G703) $ - My Commission expires: 6. TOTAL EARNED LESS RETAINAGE $ 101,935.08 ARCHITECT'S CERTIFICATE FOR PAYMENT (Line 4 less Line 5 Total) In accordance with the Contract Documents, based on on-site observations and the data 7. LESS PREVIOUS CERTIFICATES FOR PAYMENT -compromising this application,the Architect certifies to the Owner that to the best of the '(L, 6 from prior Certificate) $ 68,856.12 Acrhitect's knowledge,information and belief the Work has progressed as indicated,the 8.CURRENT PAYMENT DUE $1 33,078.-976 quality of the Work is in accordance with the Contract Documents, and the Contractor 9. BALANCE TO FINISH, INCLUDING RETAINAGE is entitled to payment of the AMOUNT CERTIFIED. (Line 3 less Line 6) $ 160,038.92 AMOUNT CERITIFIED $ (Attach explanation if amount certified differs from the amount applied for. Initial CHANGE ORDER SUMMARY ADDITIONS DEDUCTIONS all figures on this Application and on the Continuation Sheet that are changed to Total changes approved in conform to the amount certified.) previous months by owner Engineer: Total approved this month By: Date: TOTALS - This certificate is not negotiable. The AMOUNT CERTIFIED is payable only to the Con- NET CHANGES by change order - -tractor named herein. Issuance, payment and acceptance of payment are without prejudice to any rights of the Owner or Contractor under this Contract CONTINUATION SHEET AIA Document G702, APPLICATION AND CERTIFICATE FOR PAYMENT, containing APPLICATION NUMBER: 4 Contractor's signed Certification is attached. APPLICATION DATE: 4/19/11 In tabulations below, amounts are state to the nearest dollar. PERIOD TO: 4/19/11 Use Column I on Contracts where viable retainage for line items may apply. PROJECT NO: 0840 A B C D E F G H I J ITEM DESCIPTION OF WORK --- CONTRACT -- --- THIS PERIOD --- STORED -- TOTAL NO. _ MATERIAL UNITS UNIT PRICE AMOUNT QUANTITY AMOUNT (THIS QUANTITY AMOUNT APLLICATION)j (PREVIOUS+THIS+STORED PART A-E&S CONTROLS 101 18"SILT SOXX 543 LF 5.50 2,986.50 LF - 355.00 LF 1,952.50 102 24"SILT SOXX 473 LF 8.80 4,162.40 LF - 307.00 LF 2,701.60 03 INLET PROTECTION (sack) 13 EA 21.40 278.20 EA - EA - 104 SEED&MULCH 1 LS 3,395.00 3,395.00 LS - LS - 105 SEDIMENT TRAP#1 1 EA 2,850.00 2,850.00 EA - EA - 106 CLEAN OUT 1 EA 74.00 74.00 EA - EA - 107 AASHTO#57 STONE FILTER 1 EA 465.00 465.00 EA - EA - 108 PLYWOOD RISOR 1 EA 85.00 85.00 EA - EA - 109 CLEARING&GRUBBING 1 LS 5,308.00 5,308.00 LS - 1.00 LS 5,308.00 195 SUBTOTAL-PART A 19,604.10 - 9,962.10 PART 8-STORMWATER MANAGEMENT 201 SEDIMENT BASIN 3 1.00 LS 34,244.40 34,244.40 LS - 0.90 LS 30,819.96 202 OUTLET STRUCTURE OS D2 1 LS 3,845.00 3,845.00 LS - 1.00 LS 3,845.00 203 FAIRCLOTH SKIMMER ASMB. 1 LS 1,215.00 1,215.00 LS - LS - :04 PLYWOOD RISOR 1 LS 99.00 99.00 LS - LS - 205 STONE BERM &DEWATER 1 EA 486.00 486.00 EA - EA - 206 BAFFLE 160 LF 21.20 3,392.00 LF - LF 207 SPILLWAY 1 LS 230.00 230.00 LS - LS - 208 ANTI-SEEP COLLAR 2 EA 608.00 1,216.00 EA - 2.00 EA 1,216.00 CONTINUED ON NEXT SHEET CONTINUATION SHEET AIA Document G702, APPLICATION AND CERTIFICATE FOR PAYMENT, containing APPLICATION NUMBER: 4 Contractor's signed Certification is attached. APPLICATION DATE: 4/19/11 In tabulations below, amounts are state to the nearest dollar. PERIOD TO: 4/19/11 Use Column I on Contracts where viable retainage for line items may apply. PROJECT NO: 0861 A B C D E F G H I J ITEM DESCIPTION OF WORK -- CONTRACT -- -- THIS PERIOD -- STORED -- TOTAL --- NO. MATERIAL UNITS UNIT PRICE AMOUNT QUANTITY AMOUNT (THIS QUANTITY AMOUNT PART B-STORMWATER CONTINUED APLLICATION) (PREVIOUS+THIS+STORED 209 CLAY CORE 1 LS 183.00 183.00 LS - 1.00 LS 183.00 210 CLEAXNOUT STAKE 1 EA 75.00 75.00 EA - EA - 2 15" DIA HDPE 234 LF 21.48 5,026.32 LF - LF - 213 18" DIA HDPE 140 LF 25.39 3,554.60LF - LF - 214 30" DIA HDPE (0-6') 367 LF 39.79 14,602.93 170.00 LF 6,764.30 208.00 LF 8,276.32 215 30" DIA HDPE (10'-12") 116 LF 43.40 5,034.40 LF - LF - 216 30" DIA HDPE (12'-14") 93 LF 56.58 5,261.94 LF - LF - 217 36"DIA HDPE (0-6') 306 LF 51.93 15,890.58 LF - LF - 218 48" DIA HDPE 38 LF 77.29 2,937.02 LF - 38.00 LF 2,937.02 219 29"x 42"CMP 487 LF 55.26 26,911.62 LF - 132.00 LF 7,294.32 220 2'x4'TYPE M INLET 1 EA 1,781.00 1,781.00 EA - EA 221 2'x4'TYPE C INLET 7 EA 1,446.00 10,122.00 EA - 1.00 EA 1,446 00 222 3'x4' INLET w/2'x4'TOP TYPE C 3 EA 2,296.00 6,888.00 EA - EA - 223 4'x4' BOX w/2'x4'TOP TYPE C 3 EA 2,515.00 7,545.00 1.00 EA 2,515.00 1.00 EA 2,515.00 224 2'x6'BOX w/2'x4'TOP TYPE M 2 EA 1,755.00 3,510.00 EA - EA - 025 STORM MANHOLE 4'x4' 3 EA 2,064.00 6,192.00 EA - 1.00 EA 2,064.00 26 STORM MANHOLE 4'x6' 2 EA 2,390.00 4,780.00 EA - EA - 227 PRECAST ENDWALLS 2 EA 1,710.00 3,420.00 EA - 2.00 EA 3,420.00 228 15"DIA HDPE END SECTION 1 EA . .. 409.00. .- .-... .-409.00. --- -- EA - ---- - -- EA 229 RIP-RAP APRON 3 EA 1,165.00 3,495.00 EA - 2.00 EA 2,330 00 SUBTOTAL-PART B 172,346.81 9,279.30 66,346.62 CONTINUED ON NEXT SHEET CONTINUATION SHEET AIA Document G702,APPLICATION AND CERTIFICATE FOR PAYMENT, containing APPLICATION NUMBER: 4 Contractor's signed Certification is attached. APPLICATION DATE: 4/19/11 In tabulations below, amounts are state to the nearest dollar. PERIOD TO: 4/19/11 Use Column I on Contracts where viable retainage for line items may apply. PROJECT NO: 0861 A B C D E F G H I J ITEM DESCIPTION OF WORK -- CONTRACT --- --- THIS PERIOD --- STORED --- TOTAL --- NO. MATERIAL UNITS UNIT PRICE AMOUNT QUANTITY AMOUNT (THIS QUANTITY AMOUNT PART C-SITE EXCAVATION APLLICATION) (PREVIOUS+THIS+STORED 300 STRIP TOPSOIL 851 CY 1.05 893.55 700 CY 735.00 750 CY 787.50 310 SITE GRADING 1.00 LS 35,484.08 35,484.08 0.65 LS 23,064.65 0.70 LS 24,838.86 .0 REPLACE TOPSOIL 851 CY 1.70 1,446.70 CY - CY - SUBTOTAL-PART C 37,824.33 23,799.65 25,625.36 PART D-SANITARY SEWER 401 8"SDR 35 (6-8') 346 LF 17.37 6,010.02 LF - LF - 402 8"SDR 35 (8-10') 18 LF 20.05 360.90 LF - LF - 403 8" SDR 35 (10-12') 70 LF 23.05 1,613.50 LF - LF - 404 6"SDR 35 LATERALS 484 LF 27.20 13,164.80 LF - LF - 405 8"x6"WYE&6"BEND 18 LF 81.50 1,467.00 LF - LF - 406 6"CLEANOUT ASSEMBLY 18 LF 85.00 1,530.00 LF - LF - 407 48" DIA CONCRETE MANHOLE 2 LF 1,986.00 3,972.00 LF - LF - 408 CONNECT TO EX STUB 1 LF 181.00 181.00 LF - LF - "09 SELECT BACKFILL IN DITCH 453 EA 6.18 2,799.54 EA - EA _ 10 TESTING 1 EA 545.00 545.00 EA - EA - 411 SET MANHOLE LID&COVER 3 EA 185.00 555.00 EA - EA - SUBTOTAL--PART D 32,198.76 APPLICATION TOTALS 261,974.00 33,078.95 101,935.08 2438 oAT6/20/2011 PAY Springfield Contractors, Inc. AMOUNT 63,078.96 MEMORAW #4,TOWNS SITE WORK cATE&ccounts payable AcmGraystone Bank is — — — — - — t I 4. I - { i i i 4 i t EXHIBIT t f t I t 4 COPY SPRINGFIELD CONTRACTORS, : IN THE COURT OF COMMON PLEAS INC. , CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF NO. 2012-2354 V CIVIL ACTION - LAW TRINDLE STATION, LLC, DEFENDANT DEPOSITION OF: MATTHEW EYSTER TAKEN BY: TRINDLE STATION, LLC BEFORE: TAMMY J. BAKER, REPORTER NOTARY PUBLIC DATE: OCTOBER 9, 2013, 10 : 05 A.M. PLACE: OBERMAYER, REBMANN, MAXWELL & HIPPEL, LLP 200 LOCUST STREET HARRISBURG, PENNSYLVANIA APPEARANCES: KATHERMAN, HEIM & PERRY BY: LARRY C. HEIM; ESQUIRE FOR - SPRINGFIELD CONTRACTORS., INC. OBERMAYER, REBMANN, MAXWELL & HIPPEL, LLC BY: PAIGE MACDONALD-MATTHES, ESQUIRE FOR - TRINDLE STATION, LLC EXHIBIT ALSO PRESENT: FRANK TAMANINI Hughes, Albright, Foltz & Natale Reportin`> Service, Inc. 3540 N. Progress Avenue • Suite 207-A - HarrishursT, PA 171 10 717-540-0220 • Fax 717-5 40-021 1 MATTHEW EYSTER Multi-Page`m OCTOBER 9, 2013 Page 70 Page 72 1 A.Yes. 1 this contract? 2 Q.Do you understand the significance of the use of 2 A.The term work means the construction and services 3 the capital M in modification? 3 required by the contract documents,whether completed or 4 A.I would say it's important. 4 partially completed, and includes all other labor, 5 Q.Did you understand modification to be a defined 5 materials,equipment and services provided or to be 6 contract term? 6 provided by the contractor to fulfill the contractor's 7 A.I can't say specifically that I did, but I'm... 7 obligations. 8 Q.If you would direct your attention back to 8 Q.Do you understand the work to be that which is 9 Article VII. 9 set forth in your proposal dated October 20th,2010, 10 A.Okay. 10 which was accepted by the project owner? 11 Q.In the middle of 7.1 there's a definition of 11 A.I do. 12 modification, is there not? 12 Q.Now, in order for there to be changes in the work 13 A.Yes. 13 as that term is defined,let's look at Article xiii of 14 Q.Would you take a moment and review that 14 this contract. 15 definition. Would you agree that a substitution could 15 A.Okay. 16 only be made to this contract in accordance with a 16 Q.For there to be changes in work as that term is 17 modification which is a written amendment to the 17 defined,as you've just read it,what is required by 18 contract signed by both parties? 18 this contract? 19 A.That's the way it's written. 19 A.Would you like me to read it? 20 Q.Are you aware of a written amendment to this 20 Q.13.1. 21 contract that is signed by both parties? 21 A.Again,would you like me to read it? 22 A.No. 22 Q.Absolutely. I'm directing your attention to it, 23 Q.Are you aware -- a modification is also defined 23 that's why I asked you to look at it. 24 as a change order. Are you aware of a signed change 24 A.Okay. I'm looking at it. 25 order? 25 Q.I can expedite this greatly and point you to the Page 71 Page 73 1 A.No. i sentence. Such changes in the work shall be -- do you 2 Q.Modification is further defined as a construction 2 see that? 3 change directive. I think you've testified earlier that 3 A.Uh-huh. 4 you are not aware of any construction change directive, 4 Q.How are changes in the work to be authorized? 5 is that correct? 5 A.Such--is that where it starts, such? 6 A.A written or verbal? 6 Q.Such changes in the work. 7 Q.Written? 7 A.Shall be authorized by written change order 8 A.No. 8 signed by the owner and contractor or by written 9 Q.And a modification is also defined as a written 9 construction change directive signed by the owner. 10 order for a minor change in the work issued by the 10 Q.Okay. We've established you have neither, 11 engineer. Are you aware of a written order for a minor 11 correct? 12 change in the work issued by the engineer? 12 A.Yes. 13 A.You mean the engineer telling us to change 13 Q.All right. If you would take a look at Article 14 something or a change of plans given to us by the 14 Ix. 15 engineer? 15 A.Okay. 16 Q.Well work -- 16 Q.Did you understand when you signed this document 17 A.Because we have many changes to the plans given 17 that you were making an affirmative representation to 18 to us by the engineer after the approved plan. 18 the project owner that you had visited the site,became 19 Q.Would you agree the W in the word work is 19 generally familiar with local conditions under which the 20 capitalized? 20 work is to be performed and correlated personal 21 A.Yes. 21 observations with requirements of the contract 22 Q.Do you understand that to mean that's a defined 22 documents? 23 term? 23 A.Yes. 24 A.Yes. 24 Q.And jumping back to Article VII,did you 25 Q.What is the definition of work in Section 7.3 of 125 understand looking at Section 7.2 that this is what's Page 70 - Page 73 HUGHES, ALBRIGHT, FOLTZ &NATALE REPORTING 717-540-0220 Multi-Page TM MATTHEW EYSTER OCTOBER 9, 2013 Page 74 Page 76 1 called an integrated document,meaning the contract 1 Q.You were not in any way limited in your review of 2 represented the entire agreement between the parties? 2 the project site prior to you submitting a proposal for 3 A.Yes. 3 the work? 4 Q.And did you further understand this written 4 A.No. 5 document superseded all prior negotiations, 5 Q.And you were not told by the owner of the project 6 representations or agreements,either written or oral? 6 that you could not come back for a second or a third or 7 A.Yes. 7 even fourth visit before submitting your proposal,is 8 Q.Did you further understand that the only way that 8 that correct? 9 you could modify or amend this contract was by a 9 A.That is correct. 10 modification as that term is defined that we've just 10 Q.Now, the Complaint that Springfield Contractors 11 gone through? 11 has filed in this matter alleges that you haven't been 12 A.Yes. 12 paid for work that was done, correct? 13 Q.Did you understand that in Section 9.1.2 that 13 A.Yes. 14 there was an obligation on the part of Springfield 14 Q.And specifically with regard to this change in 15 Contractors to quote,carefully study and compare the 15 the sewer system, correct? 16 various contract documents relative to that portion of 16 A.Correct. 17 the work as well as information furnished by the owner? 17 (Complaint produced and marked Eyster 18 A.Yes. 18 Exhibit No. 7.) 19 Q.And did you understand that when you signed your 19 BY MS.MACDONALD-MATTHES: 20 name to this document on behalf of Springfield 20 Q.Mr. Eyster, I've handed you a document marked as 21 Contractors that you made an affirmative representation 21 Eyster No. 7. Can you identify this document for the 22 that you had made that careful study of not only the 22 record? 23 contract documents,but you had taken field measurements 23 A.Notice to defend. 24 of existing conditions related to that portion of the 24 Q.Turn to the next page. 25 work and that you observed any conditions at the site 25 A.It is a Complaint and action upon mechanic's. Page 75 Page 77 1 affecting it? 1 lien, Springfield Contractors versus Trindle Station. 2 A.Yes. And also the information provided to us 2 Q.Do you recognize this as the Complaint that you 3 from the owner. 3 filed against Trindle Station in this matter? 4 Q.Okay. You affirmatively represented that you 4 A.Uh-huh, yes. 5 took field measurements and that you personally observed 5 Q.Okay. Now, looking at the verification that's 6 any conditions on the site affecting it,does it not say 6 attached as Page 4 of this four-page document, do you 7 that? 7 recognize the signature that appears? 8 A.I cannot say for certain I saw every aspect of 8 A.Rodney Krebs. 9 the site when we provided the proposal. 9 Q.Do you recognize that as your father-in-law's 10 Q.That's not what I asked. My question was simply 10 signature? 11 did you not affirmatively state that you observed any 11 A.I do. 12 conditions on the site affecting it? 12 Q.Did you assist your father-in-law in any way in 13 A.Yes. 13 the preparation of this Complaint? 14 Q.Okay. And you had an opportunity to go and visit 14 A.I'm sure I did. 15 the site prior to preparing the bid and your proposal, 15 Q.Can you tell me in preparation of the Complaint 16 did you not? 16 where there is attached a copy of a change order signed 17 A.I did. I met Frank out at the site. 17 by the project owner substantiating the claim that money 18 Q.And you had an opportunity to walk the site, 18 is due and owing for changes to the sewer system? 19 correct? 19 A.There is not one. 20 A.Yes,we walked the site with Frank and Joe. 20 Q.And it's not attached to this Complaint because 21 Q.And you had an opportunity to bring with you 21 it doesn't exist, correct? 22 anybody that you wanted as part of the Springfield 22 A.I believe we've established that. Yes, you're 23 Contractors team that would be working on this project, 23 correct. 24 did you not? 24 Q.Who determined to redesign the storm sewer plan 25 A.Sure. 25 at Springfield Contractors? Page 74 - Page 77 HUGHES, ALBRIGHT, FOLTZ &NATALE REPORTING 717-540-0220 EXHIBIT G kPPLICATION AND CERTIFICATE FOR PAYMENT PAGE ONE OF PAGES 'O: Trindle Station LLC PROJECT: Trindle Station Section 2-Phase II 11-- Attn: Frank Tamanini Monroe Township, Cumberland County m 832 Tamanini Way APPLICATION NO. 5 K Mechanicsburg, PA 17055 PERIOD TO: 5/14/2011 W PROJECT NO. 861 VIA(Engineer): Alpha Consulting Engineers, Inc. CONTRACT DATE: 11/3/2010 :ROM: Springfield Contractors, Inc. RFPI JOB NO. 290 Seaks Run Road INVOICE NO. 0861-5 Glen Rock, PA 17327 VENDOR NO. '=TRACT FOR: Sitework&Utilities T T R PP ICATION FOR PAYMENT The undersigned Contractor certifies that to the best of the Contractor's knowledge, infor- kpplication is made for payment, as shown below,in connection with the Contract. mation and belief the Work covered by this Application for Payment has been completed font, ition Sheet,AIA Document G703,is attached, in accordance with the Contract Documents,that all amounts have been paid by the I. OK.,,INAL CONTRACT SUM $ 261,974.00 Contractor for Work for which previous Certificates for Payment were issued and pay- Net change by Change Orders $ - ments received from the Owner, and that current payment shown herein is now due. 3. CONTRACT SUM TO DATE (Line 1±2) $ 261,974.00 CONTRACTOR: pringfield Co tractors, Inc. L TOTAL COMPLETED&STORED TO DATE $ 113,605.94 . (Column G on G703) By: Date: 5/17/11 5. RETAINAGE: a. % of Completed Work $ State of. Pe sylvania (Column D+ E on G703) County of: York b._% of Stored Material $ Subscribed and sworn to before (Column F on G703) me this day of 2011 Total Retainage(Line 5a+5b or Notary Public: Total in Column I of G703) $ - My Commission expires: S.TOTAL EARNED LESS RETAINAGE $ 113,605.94 ARCHITECT'S CERTIFICATE FOR PAYMENT (Line 4 less Line 5 Total) In accordance with the Contract Documents, based on on-site observations and the data 7. LFQS PREVIOUS CERTIFICATES FOR PAYMENT compromising this application,the Architect certifies to the Owner that to the best of the '(L 6 from prior Certificate) $ 101 935.08 Acrhitect's knowledge, information and belief the Work has progressed as indicated,the B. CURRENT PAYMENT DUE $1. 11 670.86 1 quality of the Work is in accordance with the Contract Documents, and the Contractor 9. BALANCE TO FINISH, INCLUDING RETAINAGE isentitled to payment of the e AMOUNT CERTIFIED. (Line 3 less Line 6) $ 148,368.06 AMOUNT CERITIFIED $ (Attach explanation if amount certified differs from the amount applied for.Initial CHANGE ORDER SUMMARY ADDITIONS DEDUCTIONS all figures on this Application and on the Continuation Sheet that are changed to Total changes approved in conform to the amount certified.) previous months by owner Engineer: Total approved this month By: Date: TOTALS - This certificate is not negotiable. The AMOUNT CERTIFIED is payable only to the Con- NET CHANGES by chan a order - tractor named herein. Issuance, payment and acceptance of payment are without prejudice to any rights of the Owner or Contractor under this Contract CONTINUATION SHEET AIA Document G702,APPLICATION AND CERTIFICATE FOR PAYMENT, containing APPLICATION NUMBER: 5 Contractor's signed Certification is attached. APPLICATION DATE: 5/17/11 In tabulations below, amounts are state to the nearest dollar. PERIOD TO: 5/14/11 Use Column I on Contracts where viable retainage for line items may apply. PROJECT NO: 0840 A B C D E F G H I J ITEM DESCIPTION OF WORK CONTRACT — --- THIS PERIOD --- STORED --- TOTAL --- NO. MATERIAL UNITS UNIT PRICE AMOUNT QUANTITY AMOUNT (THIS QUANTITY AMOUNT APLLICATION) (PREVIOUS+THIS+STORED PART A-E&S CONTROLS F1�O 18"SILT SOXX 543 LF 5.50 2,986.50 LF - 355.00 LF 1,952.50 24"SILT SOXX 473 LF 8.80 4,162.40 LF - 307.00 LF 2,701.60 )3 INLET PROTECTION(sack) 13 EA 21.40 278.20 EA - EA - 104 SEED&MULCH 1 LS 3,395.00 3,395.00 LS - LS 105 SEDIMENT TRAP#1 1 EA 2,850.00 2,850.00 EA - EA 106 CLEAN OUT 1 EA 74.00 74.00 EA - EA - 107 AASHTO#57 STONE FILTER 1 EA 465.00 465.00 EA - EA 108 'PLYWOOD RISOR 1 EA 85.00 85.00 EA - EA 109 CLEARING&GRUBBING 1 LS 5,308.00 5,308.00 LS - 1.00 LS 5,308.00 195 SUBTOTAL-PART A 19,604.10 - 9,962.10 PART B-STORMWATER MANAGEMENT 201 SEDIMENT BASIN 3 1.00 LS 34,244.40 34,244.40 LS - 0.90 LS 30,819.96 202 OUTLET STRUCTURE OS D2 1 LS 3,845.00 3,845.00 LS - 1.00 LS 3,845.00 2.03 FAIRCLOTH SKIMMER ASMB. 1 LS 1,215.00 1,215.00 LS - LS 04 PLYWOOD RISOR 1 LS 99.00 99.00 LS - LS 205 STONE BERM & DEWATER 1 EA 486.00 486.00 EA - EA _ 206 BAFFLE 160 LF 21.203,3.92.00 . LF - LF 207 SPILLWAY 1 LS 230.00 230.00 LS - LS 208 ANTI-SEEP COLLAR 2 EA 608.00 1,216.00 EA - 2.00 EA 1,2'16 00 CONTINUED ON NEXT SHEET CONTINUATION SHEET AIA Document G702,APPLICATION AND CERTIFICATE FOR PAYMENT, containing APPLICATION NUMBER: 5 Contractor's signed Certification Is attached. In tabulations below, amounts are state to the nearest dollar. APPLICATION DATE: 5/17/11 Use Column I on Contracts where viable retainage y apply.a for line items ma I . PROJECTT PERIODNO: 00861861 TO: 1 A B C D E F G H I J ITEM DESCIPTION OF WORK --- CONTRACT --- NO. --- THIS PERIOD --- STORED --- TOTAL --- MATERIAL UNITS UNIT PRICE AMOUNT QUANTITY AMOUNT (THIS QUANTITY AMOUNT APLLICATION PREVIOUS+THIS+STORED PART B-STORMWATER CONTINUED 209 CLAY CORE 1 LS 183.00 183.00 LS 210 CL STAKE _ 1.00 LS 183.00 1 EA 75.00 75.00 EA EA 12 15"DIA HDPE 234 LF 21.48 5,026.32 LF 213 18" DIA HDPE _ LF _ 140 LF 25.39 3,554.60 LF LF 214 30" DIA HDPE (0-6') 367 LF 39.79 14,602.93 LF 10'-12" _ 208.00 LF 8,276.32 215 30" DIA HDPE ( ) 116 LF 43.40 5,034.40 45.00 LF 1,953.00 45.00 LF 1,953.00 216 30" DIA HDPE (12'-14") 93 LF 56.58 . 5,261.94 LF 0-6' - LF _ 217 36"DIA HDPE ( ) 306 LF 51.93 15,890.58 LF LF 218 48"DIA HDPE 38 LF 77.29 2,937.02 LF _ 38.00 LF 2,937.02 219 29"x 42"CMP 487 LF 55.26 26,911.62 LF 132.00 LF 7,294.32 220 2'x4'TYPE M INLET 1 EA 1,781.00 1,781.00 EA 221 2'x4'TYPE C INLET EA " 7 EA 1,446.00 10,122.00 EA - 1.00 EA 1,446.00 222 3'x4'INLET w/2'x4'TOP TYPE C 3 EA 2,296.00 6,888.00 EA _ 223 4'x4'BOX w/2'x4'TOP TYPE C 3 EA 2,515.00 7,545.00 1.00 EA 2,515.00 EA _ 224 2'x6'BOX w/2'x4'TOP TYPE M 2.00 EA 5,030.00 2 EA 1,755.00 3,510.00 EA EA 125 STORM MANHOLE 4'x4' 3 EA 2,064.00 6,192.00 EA - _26 1.00 EA 2,064.00 STORM MANHOLE 4'x6' 2 EA 2,390.00 4,780.00 EA - EA 227 PRECAST ENDWALLS 2 EA 1,710.00 3,420.00 EA 228 15"DIA HDPE END SECTION 2.00 EA 3,420.00 1. EA 409.00 409.00 EA EA _ 229 RIP-RAP APRON 3 EA 1,165.00 3,495.00 EA - 2.00 EA 2,330.00 SUBTOTAL-PART B 172,346.81 4,468.00 70,814.62 CONTINUED ON NEXT SHEET CONTINUATION SHEET AIA Document G702, APPLICATION AND CERTIFICATE FOR PAYMENT, containing APPLICATION NUMBER: 5 Contractor's signed Certification is attached. APPLICATION DATE: 5/17/11 In tabulations below, amounts are state to the nearest dollar. PERIOD TO: 5/14/11 Use Column I on Contracts where viable retainage for line items may apply. PROJECT NO: 0861 A B C D E F G H I J ,ITEM DESCIPTION OF WORK --- CONTRACT -- --- THIS PERIOD --- STORED --- TOTAL --- NO. MATERIAL UNITS UNIT PRICE AMOUNT QUANTITY AMOUNT (THIS QUANTITY AMOUNT PART C-SITE EXCAVATION APLLICATION PREVIOUS+THIS+STORED � 300 STRIP TOPSOIL 851 CY 1.05 893.55 101 CY 106.05 851 CY 893.55 310 SITE GRADING 1.00 LS 35,484.08 35,484.08 0.20 LS 7,096.82 0.90 LS 31,935.67 J REPLACE TOPSOIL 851 CY 1.70 1,446.70• CY - CY - SUBTOTAL-PART C 37,824.33 7,202.87 32,829.22 PART D-SANITARY SEWER 401 8"SDR 35 (6-8') 346 LF 17.37 6,010.02 LF - LF - 402 8" SDR 35 (8-10') 18 LF 20.05 360.90 LF - LF - 403 8"SDR 35 (10-12') 70 LF 23.05 1,613.50 LF - LF - 404 6"SDR 35 LATERALS 484 LF 27.20 13,164.80 LF - LF - 405 8"x6"WYE&6" BEND 18 LF 81.50 1,467.00 LF - LF - 406 6"CLEANOUT ASSEMBLY 18 LF 85.00 1,530.OQ LF - LF - 407 48" DIA CONCRETE MANHOLE 2 LF 1,986.00 3,972.00 LF - LF - 408 CONNECT TO EX STUB 1 LF 181.00 181.00 LF - LF - ^Q9 SELECT BACKFILL IN DITCH 453 EA 6.18 2,799.54 EA - EA - . ,0 TESTING 1 EA 545.00 545.00 EA - EA - 411 SET MANHOLE LID&COVER 3 EA 185.00 555.00 EA - EA - SUBTOTAL-PART D 32,198.76 APPLICATION TOTALS 261,974.00 11,670.87 1 113,605.94 2442 oArE6/21/2011 PAY19pringfield Contractors, Inc. AMouNT A 1,670.86 MEMDRAW#5, TOWNS cATrAccounts Payable Acc-Graystone Bank kPPLICATION AND CERTIFICATE FOR PAYMENT PAGE ONE OF PAGES "0: Trindle Station LLC PROJECT: Trindle Station Section 2-Phase II Attn: Frank Tamanini Monroe Township,Cumberland County 832 Tamanini-Way APPLICATION NO. 6 Mechanicsburg, PA 17055 PERIOD TO: 6/30/11 PROJECT NO. 861 VIA(Engineer): Alpha Consulting Engineers, Inc. CONTRACT DATE: 11/3/2010 -'ROM: Springfield Contractors, Inc. RFPI JOB NO. 290 Seaks Run Road INVOICE NO. 0861-6 Glen Rock, PA 17327 VENDOR NO. :ONTRACT FOR: Sitework&Utilities TRACTOR'S APPLICATION FOR PAYMENT The undersigned Contractor certifies that to the best of the Contractor's knowledge,infor- \pp4cation is made for payment, as shown below,in connection with the Contract mation and belief the Work covered by this Application for Payment has been completed ;ont' ition Sheet,AIA Document G703,is attached. in accordance with the Contract Documents,that all amounts have been paid by the 1. OK.,ANAL CONTRACT SUM $ 261,974.00 Contractor for Work for which previous Certificates for Payment were issued and pay- '.. Net change by Change Orders $ - menta received from the Owner,and that current payment shown herein is now due. 1. CONTRACT SUM TO DATE (Line 1+2) $ 261,974.00 CONTRACTOR: Springfield iontractors, Inc. k TOTAL COMPLETED&STORED TO DATE $ 128,437.51 (Column G on G703) By' Date: 6/30/11 S. RETAINAGE: a. % of Completed Work $ State of: Pennsylvania (Column D+E on G703) County of: York b._% of Stored Material $ Subscribed and sworn to before (Column F on G703) me this day of 2011 Total Retainage(Line 5a+5b or Notary Public: Total in Column I of G703) $ - My Commission expires: 3.TOTAL EARNED LESS RETAINAGE $ 128,437.51 ARCHITECT'S CERTIFICATE FOR PAYMENT (Line 4 less Line 5 Total) In accordance with the Contract Documents, based on on-site observations and the data T. LFQS PREVIOUS CERTIFICATES FOR PAYMENT compromising this application,the Architect certifies to the Owner that to the best of the 6 from prior Certificate) $ 113,605.94 Acrhitect's knowledge,information and belief the Work has progressed as indicated,the B.CURRENT PAYMENT DUE $ 14,831. quality of the Work is in accordance with the Contract Documents, and the Contractor 9. BALANCE TO FINISH, INCLUDING RETAINAGE is entitled to payment of the AMOUNT CERTIFIED. (Line 3 less Line 6) $ 133,536.49 AMOUNT CERITIFIED - $ (Attach explanation if amount certified differs from the amount applied for. Initial CHANGE ORDER SUMMARY ADDITIONS DEDUCTIONS all figures on this Application and on the Continuation Sheet that are changed to Total changes approved in conform to the amount certified.) previous months by owner Engineer: Total approved this month By: Date: TOTALS - This certificate is not negotiable. The AMOUNT CERTIFIED is payable only to the Con- NET CHANGES by change order - tractor named herein. Issuance, payment and acceptance of payment are without prejudice to any rights of the Owner or Contractor under this Contract. CONTINUATION SHEET AIA Document G702, APPLICATION AND CERTIFICATE FOR PAYMENT, containing APPLICATION NUMBER: 6 Contractor's signed Certification is attached. APPLICATION DATE: 6/30/11 In tabulations below, amounts are state to the nearest dollar. PERIOD TO: 6/30/11 Use Column I on Contracts where viable retainage for line items may apply. PROJECT NO: 0861 A B C D 1 E F G H I J ITEM DESCIPTION OF WORK --- CONTRACT --- --- THIS PERIOD --- STORED --- TOTAL --- NO. MATERIAL UNITS UNIT PRICE AMOUNT QUANTITY AMOUNT (THIS QUANTITY AMOUNT APLLICATION) (PREVIOUS+THIS+STORED PART A-E&S CONTROLS 101 18"SILT SOXX 543 LF 5.50 2,986.50 LF - 355.00 LF 1,952.50 102 24"SILT SOXX 473 LF 8.80 4,162.40 LF - 307.00 LF 2,701.60 )3 INLET PROTECTION (sack) 13 EA 21.40 278.20 EA - EA - 104 SEED&MULCH 1 LS 3,395.00 3,395.00 LS - LS - 105 SEDIMENT TRAP#1 1 EA 2,850.00 2,850.00 EA - EA - 106 CLEAN OUT 1 EA 74.00 74.00 EA - EA - 107 AASHTO#57 STONE FILTER 1 EA 465.00 465.00 EA - EA - 108 PLYWOOD RISOR 1 EA 85.00 85.00 EA - EA - 109 CLEARING&GRUBBING 1 LS 5,308.00 5,308.00 LS - 1.00 LS 5,308.00 195 SUBTOTAL-PART A 19,604.10 - 9,962.10 PART B-STORMWATER MANAGEMENT 201 SEDIMENT BASIN 3 1.00 LS 34,244.40 34,244.40 LS - 0.90 LS 30,819.96 202 OUTLET STRUCTURE OS D2 1 LS 3,845.00 3,845.00 LS - 1.00 LS 3,845.00 203 FAIRCLOTH SKIMMER ASMB. 1 LS 1,215.00 1,215.00 LS - LS - 34 PLYWOOD RISOR 1 LS 99.00 99.00 LS - LS - 205 STONE BERM &DEWATER 1 EA 486.00 486.00 EA - EA - 206 BAFFLE 160 LF 21.20 3,392.00 LF - LF - 207 SPILLWAY 1 LS 230.00 230.00 LS - --- LS 208 ANTI-SEEP COLLAR 2 EA 608.00 1,216.00 EA - 2.00 EA 1,216.00 CONTINUED ON NEXT SHEET CONTINUATION Sil 111=17' AIA Document G702, APPLICATION AND CERTIFICATE FOR PAYMENT, containing APPLICATION NUMBER: 6 Contractor's signed Certification is attached. APPLICATION DATE: 6/30/11 In tabulations below, amounts are state to the nearest dollar. PERIOD TO: 6/30/11 Use Column I on Contracts where viable retainage for line items may apply. PROJECT NO: 0861 A B C D E F G H I J ITEM DESCIPTION OF WORK --- CONTRACT -- -- THIS PERIOD — STORED --- TOTAL NO. MATERIAL UNITS UNIT PRICE AMOUNT QUANTITY AMOUNT (THIS QUANTITY AMOUNT APLLICATION)j (PREVIOUS+THIS+STORED PART B-STORMWATER CONTINUED 209 CLAY CORE 1 LS 183.00 183.00 LS - 1.00 LS 183.00 210 CLEANOUT STAKE 1 EA 75.00 75.00 EA - EA - 2 15" DIA HDPE 234 LF 21.48 5,026.32 LF - LF - 213 18" DIA HDPE 140 LF 25.39 3,554.60 LF - LF - 214 30" DIA HDPE (04) 367 LF 39.79 14,602.93 LF - 208.00 LF 8,275.32 215 30" DIA HDPE (10'-12") 116 LF 43.40 5,034.40 LF - 45.00 LF 1,953.00 216 30" DIA HDPE (12'-14") 93 LF 56.58 5,261.94 LF - LF - 217 36"DIA HDPE (0-6') 306 LF 51.93 15,890.58 LF - LF - 218 48" DIA HDPE 38 LF 77.29 2,937.02 LF - 38.00 LF 2,937.02 219 29"x 42" CMP 487 LF 55.26 26,911.62 LF - 132.00 LF 7,294.32 220 2'x4'TYPE M INLET 1 EA 1,781.00 1,781.00 EA - EA - 221 2'x4'TYPE C INLET 7 EA 1,446.00 10,122.00 EA - 1.00 EA 1,446.00 222 3'x4' INLET w/2'x4'TOP TYPE C 3 EA 2,296.00 6,888.00 EA - EA - 223 4'x4' BOX w/2'x4'TOP TYPE C 3 EA 2,515.00 7,545.00 EA - 2.00 EA 5,030.00 224 2'x6' BOX w/2'x4'TOP TYPE M 2 EA 1,755.00 3,510.00 EA - EA - ''25 STORM MANHOLE 4'x4' 3 EA 2,064.00 6,192.00 EA - 1.00 EA 2,064.00 .26 STORM MANHOLE 4'x6' 2 EA 2,390.00 4,780.00 EA - EA - 227 PRECAST ENDWALLS 2 EA 1,710.00 3,420.00 EA - 2.00 EA 3,420.00 228 15" DIA HDPE END SECTION 1 EA 409.00 409.00 EA - EA - 229 RIP-RAP APRON 3 EA 1,165.00 3,495.00 EA - 2.00 EA 2,330.00 SUBTOTAL-PART B 172,346.81 - 70,814.62 CONTINUED ON NEXT SHEET CONTINUATION AIA Document G702, APPLICATION AND CERTIFICATE FOR PAYMENT, containing APPLICATION NUMBER: 6 Contractor's signed Certification is attached. APPLICATION DATE: 6/30/11 In tabulations below, amounts are state to the nearest dollar. PERIOD TO: 6/30/11 Use Column I on Contracts where viable retainage for line items may apply. PROJECT NO: 0861 A B C D E F G H I J ITEM DESCIPTION OF WORK --- CONTRACT --- --- THIS PERIOD --- STORED --- TOTAL --- NO MATERIAL UNITS UNIT PRICE AMOUNT QUANTITY AMOUNT (THIS QUANTITY AMOUNT APLLICATION) (PREVIOUS+THIS+STORED PART C-SITE EXCAVATION 300 STRIP TOPSOIL 851 CY 1.05 893.55 CY - 851 CY 893.55 310 SITE GRADING 1.00 LS 35,484.08 35,484.08 LS - 0.90 LS 31,935.67 I ',0 REPLACE TOPSOIL 851 CY 1.70 1,446.70 CY - CY - SUBTOTAL-PART C 37,824.33 - 32,829.22 PART D-SANITARY SEWER 401 8"SDR 35 (6-8') 346 LF 17.37 6,010.02 261.00 LF 4,533.57 261.00 LF 4,533.57 402 8"SDR 35 (8-10') 18 LF 20.05 360.90 LF - LF - 403 8" SDR 35 (10-12') 70 LF 23.05 1,613.50 LF - LF - 404 6"SDR 35 LATERALS 484 LF 27.20 13,164.80 245.00 LF 6,664.00 245.00 LF 6,664.00 405 8"x6"WYE&6"BEND 18 LF 81.50 1,467.00 18.00 LF 1,467.00 18.00 LF 1,467.00 406 6"CLEANOUT ASSEMBLY 18 LF 85.00 1,530.00 LF - LF - 407 48" DIA CONCRETE MANHOLE 2 EA 1,986.00 3,972.00 1.00 EA 1,986.00 1.00 EA 1,986.00 408 CONNECT TO EX STUB 1 LS 181.00 181.00 1.00 LS 181.00 1.00 LS 181.00 409 SELECT BACKFILL IN DITCH 453 EA 6.18 2,799.54 EA - EA - i0 TESTING 1 EA 545.00 545.00 EA - EA - 411 SET MANHOLE LID&COVER 3 EA 185.00 555.00 EA - EA - SUBTOTAL-PART D 32,198.76 14,831.57 14,831.57 APPLICATION TOTALS 261.,974.00 14,831.57 128,437.51 2464 DATE 9/6/2011 PAY TGpringfield Contractors, inc. AMouNT x14,831.57 MEMORAW#6 cATE(Accounts Payable Acer.Graystone Bank kPPLI ATION AND CERTIFICATE FOR PAYMENT Q 'O: Trindl Station LLC PAGE ONE OF PAGES PROJECT: Trindle Station Section 2-Phase II Attn: rank Tamanini Monroe Township, Cumberland County 832 amanini Way APPLICATION NO. 7 Mech nicsburg, PA 17055 PERIOD TO: 7/30/11 PROJECT NO. 861 'ROM: S rangfield Contractors, Inc. VIA(Engineer): Alpha Consulting Engineers, Inc. CONTRACT DATE: 11/3/2010 90 Seaks Run Road RFPI JOB NO. len Rock, PA 17327 INVOICE NO. 0861-7 VENDOR NO. 10 VENDOR T FOR: Sitework&Utilities N APPLI AT PA M The undersigned Contractor certifies that to the best of the Contractor's knowledge, infor- Ippi'rr..atio is made for payment, as shown below,in connection with the Contract mation and belief the Work covered by this Application for Payment has been completed ' ` on, it! n Sheet,AIA Document G703,is attached. in accordance with the Contract Documents,that all amounts have been paid by the I. ORIGI AL CONTRACT SUM $ 261,974.00 Contractor for Work for which previous Certificates for Payment were issued and pay- Net ch nge by Change Orders —$ 20,850.00 ments received from the Owner, and that current payment shown herein is now due. 3. CONT CT SUM TO DATE (Line 1±2) $ 282,824.00 CONTRACTOR: Spn'ncfieid C tractors, Inc. t.TOTAL COMPLETED&STORED TO DATE $ 152,311.71 (Colum G on G703) By: t o Date: 8/1/11 j 5. RETAI AGE: a• o of Completed Work $ State of: Pen Ivania (C lumn D+E on G703) County of: York b. o of Stored Material $ Subscribed and sworn to before (C lumn F on G703) me this day of 2011 Total etainage(Line 5a +5b or Notary Public: To I in Column I of G703) $ - My Commission expires: 6.TOTA EARNED LESS RETAINAGE $ 152,311.71 ARCHITECT'S CERTIFICATE FOR PAYMENT (Lin 4 less Line 5 Total) In accordance with the Contract Documents, based on on-site observations and the data 7.L_ 3 REVIOUS CERTIFICATES FOR PAYMENT compromising this application,the Architect certifies to the Owner that to the best of the '(Line 6 from prior Certificate) $ 128,437.51 Acrhitect's knowledge, information and belief the Work has progressed as indicatedthe S.CURR NT PAYMENT DUE ,$ 23 874.20 quality of the Work is in accordance with the Contract Documents, and the Contractor 9. BALA CE TO FINISH, INCLUDING RETAINAGE is entitled to payment of the AMOUNT CERTIFIED. _.. . (Line 3 less Line 6) $_ 130,512.29 AMOUNT CERITIFIED a (Attach explanation if amount certified differs from the amount applied for. Initial CHANG ORDER SUMMARY ADDITIONS DEDUCTIONS all figures on this Application and on the Continuation Sheet that are changed to Total cha gas approved in conform to the amount certified.) revious onths by owner Engineer: Total a oved this month 20 850.00 By: Date: TOTALS 20 850.00 NET CH NGES b This certificate is not negotiable. The AMOUNT CERTIFIED is payable only to the Con- tractor named herein. Issuancea ment and acceptance of p Y p payment are without rejudice to any rights of the Owner or Contractor under this Contract. ��� ►►� ► A �A 1ON SHEET AIA Document G702, APPLICATION AND CERTIFICATE FOR PAYMENT, containing APPLICATION NUMBER: 7 Contractor's signed Certification is attached, In tab4lations below, amounts are state to the nearest dollar. APPLICATION DATE: 8/1/11 Use Column I on Contracts where viable retainage for line items may PERIOD TO: 7/30/11 y PROJECT NO: 0861 A B C D E F G H I J ITEM DESCIPTION OF WORK --- CONTRACT --- THIS PERIOD - STORED -- TOTAL --- NO. � MATERIAL i UNITS UNIT PRICE AMOUNT QUANTITY AMOUNT (THIS QUANTITY AMOUNT PART A-E&S CONTROLS APLLICATION PREVIOUS+T IS+STORED I 1011 18"SILT SOXX 543 LF 5.50 2,986.50 LF 355.00 LF 1,952.50 '02 24"SILT SOXX 473 LF 8.80 4,162.40 LF _ .J3 INLET PROTECTION(sack) 13 EA 21.40 278.20 307.00 LF 2,701.60 104' SEED& MULCH - EA _ 1 LS 3,395.00 3,395.00 0.25 LS 848.75 0,25 LS 848.75 1051 SEDIMENT TRAP#1 1 EA 2,850.00 2,850.00 EA _ EA _ 1081 CLEAN OUT 1 EA 74.00 74.00 EA - _ 107` AASHTO#57 STONE FILTER 1 EA 465.00 465.00 EA - EA _108 PLYWOOD RISOR 1 EA 85.00 85.00 EA EA 109 CLEARING&GRUBBING 1 LS 5,308.00 EA _ 5,308.00 LS - 1.00 LS 5,308.00 195 SUBTOTAL-PART A 19,604.10 848.75 10,810.85 PART B-STORMWATER MANAGEMENT 201 SEDIMENT BASIN 3 1.00 LS 34,244.40 34,244.40 0.10 LS 3,424.44 20 OUTLET STRUCTURE OS D2 1 LS 3,845.00 3,845.00 LS 1.00 LS 34,244.40 '0 FAIRCLOTH SKIMMER ASMB. 1 LS 1,215.00 1,215.00 LS 1.00 LS 3,845.00 ,0 PLYWOOD RISOR - LS _ 1 LS 99.00 99.00 LS - LS 20 STONE BERM &DEWATER 1 EA 486.00 486.00 EA 20 BAFFLE - EA - 160 LF 21.20 3,392.00 LF LF 20 SPILLWAY 1 LS 230.00 230.00 1.00 LS 230.00 20 ANTI-SEEP COLLAR 1.00 LS 2"s0.00 2 EA 608.00 1,216.00 EA - 2,00 EA 1,216.00 CONTINUED ON NEXT SHEET 1. UN i\ 16ATION SHEET AIA Document G702, APPLICATION AND CERTIFICATE FOR PAYMENT, containing APPLICATION NUMBER: 7 Contractor's signed Certification is attached. APPLICATION DATE: 8/1/11 In tabulations below, amounts are state to the nearest dollar. PERIOD TO: 7/30/11 Use Column I on Contracts where viable retainage for line items may apply. PROJECT NO: 0861 A B C D E F G H I J ITEM DESCIPTION OF WORK --- CONTRACT -- --- THIS PERIOD --- STORED --- TOTAL — NO. MATERIAL UNITS UNIT PRICE AMOUNT QUANTITY AMOUNT (THIS QUANTITY J AMOUNT PART B-STORMWATER CONTINUED APLLICATION) (PREVIOUS+THIS+STORED 209 CLAY CORE 1 LS 183.00 183.00 LS - 1.00 LS 183.00 `10 CLEAINOUT STAKE 1 EA 75.00 75.00 EA EA _12 15"DIA HDPE 234 LF 21.48 5,026.32 LF - LF 213 18" DIA HDPE 140 LF 25.39 3,554.60 LF - LF 214 30"DIA HDPE (0-6) 367 LF 39.79 14,602.93 LF - 208.00 LF 8,276.32 215 30" DIA HDPE (10'-12") 116 LF 43.40 5,034.40 LF - 45.00 LF 1,953.00 216 30" DIA HDPE (12'-14") 93 LF 56.58 5,261.94 LF - LF 217 36"DIA HDPE (0-6') 306 LF 51.93 15,890.58 LF - LF 218 48" DIA HDPE 38 LF 77.29 2,937.02 LF - 38.00 LF 2,937 02 219 29"x 42"CMP 487 LF 55.26 26,911.62 LF - 132.00 LF 7,294.32 220 2'x4'TYPE M INLET 1 EA 1,781.00 1,781.00 EA - EA 221 2'x4'TYPE C INLET 7 EA 1,446.00 10,122.00 EA - 1.00 EA 1,446 00 222 3'x4' INLET w/2'x4'TOP TYPE C 3 EA 2,296.00 6,888.00 EA - EA 223 4'x4'BOX w/2'x4'TOP TYPE C 3 EA 2,515.00 7,545.00 EA - 2.00 EA 5,030 00 224 2'x6' BOX w/2'x4'TOP TYPE M 2 EA 1,755.00 3,510.00 EA - EA 25 STORM MANHOLE 4'x4' 3 EA 2,064.00 6,192.00 EA - 1.00 EA 2,064 00 226 STORM MANHOLE 4'x6' 2' EA 2,390.00 4,780.00 EA - EA 227 PRECAST ENDWALLS 2 EA 1,710.00 3,420.00 EA - 2.00 EA 3,420.00 228 15" DIA HDPE END SECTION 1 EA 409.00 409.00 EA - EA 229 RIP-RAP APRON 3 EA 1,165.00 3,495.00 1.00 EA 1,165.00 3.00 EA 3,495.00 SUBTOTAL-PART B 172,346.81 4,819.44 75,634.06 CONTINUED ON NEXT SHEET AIA Document G702,APPLICATION AND CERTIFICATE FOR PAYMENT, containing APPLICATION NUMBER: 7/ Contractor's signed Certification is attached. APPLICATION DATE: 8/1/11 In tabulations below, amounts are state to the nearest dollar. PERIOD TO: 7/30/11 Use Column I on Contracts where viable retainage for line items may apply. PROJECT NO: 0861 A B C D E F G H I J ITEM DESCIPTION OF WORK --- CONTRACT --- --- THIS PERIOD -- STORED -- TOTAL --- NO. MATERIAL UNITS UNIT PRICE AMOUNT QUANTITY AMOUNT (THIS QUANTITY AMOUNT APLUCATION) (PREVIOUS+THIS+STORED PART C-SITE EXCAVATION 300 STRIP TOPSOIL 851 CY 1.05 893.55 CY - 851 CY 893.55 '410 SITE GRADING 1.00 LS 35,484.08 35,484.08 0.05 LS 1,774.20 0.95 LS 33,709.88 10 REPLACE TOPSOIL 851 CY 1.70 1,446.70 200 CY 340.00 200 CY 340.00 SUBTOTAL-PART C 37,824.33 2,114.20 34,943.4$ PART D-SANITARY SEWER 401 8" SDR 35 (6-8') 346 LF 17.37 6,010.02 LF - 261.00 LF 4,533.57 402 8"SDR 35 (8-10') 18 LF 20.05 360.90 LF - LF - 403 8" SDR 35 (10-12') 70 LF 23.05 1,613.50 LF - LF - 404 6"SDR 35 LATERALS 484 LF 27.20 13,164.80 239.00 LF 6,500.80 484.00 LF 13,164.80 405 8"x6"WYE&6" BEND 18 LF 81.50 1,467.00 LF - 18.00 LF 1,467.00 406 6"CLEANOUT ASSEMBLY 18 LF 85.00 1,530.00 LF - LF - 407 48" DIA CONCRETE MANHOLE 2 EA 1,986.00 3,972.00 EA - 1.00 EA 1,986.00 408 CONNECT TO EX STUB 1 LS 181.00 181.00 LS - 1.00 LS .181.00 '09 SELECT BACKFILL IN DITCH 453 EA 6.18 2,799.54 EA - EA - 410 TESTING 1 EA 545.00 545.00 EA - EA 411 SET MANHOLE LID&COVER 3 EA 185.00 555.00 EA - EA - SUBTOTAL-PART D 32,198.76 6,500.80 21,332.37 500 Change Order#1 1 LS 20,850.00 20,850.00 0.46 LS 9,591.00 0.46 LS 9,591.00 APPLICATION TOTALS282,824.00 23,874.19 152,311.71 t X 2461 Dq'E8/23/ 011 PAY � �9field Contractors , AMOUNT $23,874.20 MEM CRAW#7 `4"'9"ccounts Payable ` Ac`TGraystone Bank EXHIBIT H CHANGE ORDER #1 Trindle Station, LLC DATE: July 25th,2011 Frank Tamanini 832 Tamanini Way YOUR ORDER NO : Mechanicsburg, PA 17055 YOUR JOB N1O Trindle Station Section 2 of Phase II UNIT QUANTITY DESCRIPTION PRICE TOTAL Change to contract to include the work to drill and blast the following items as discussed on 7/22111 1.00 Is Sanitary Sewer from MH3A to MH70 $ 9,610.00 $ 9,610.00 1.00 Is Storm Sewer from 1924 to MH928 $ 11,240.00 $11,240.00 Total Change Order#1 $20,860.00 Change Order accepted subject to Springfield Agreement to credit to Trindle Station an amount equal to all costs associated with alternate storm water design,township review and approval in order to save rock removal costs-Approximately$6,000 to date. Trindle Station, LLC Date Springfield Contractors,Inc. Date REX' 1 AIT R' y t4. f i { XHIBI APPLICATION AND CERTIFICATE FOR PAYMENT TO: Trindle Station LLC PAGE ONE OF Attn: Frank Tamanini PROJECT: Tri Station Section 2-Phase II PAGES 832 Tamanini Way Monroe Township, Cumberland County ~ Mechanicsburg, PA 17055 m APPLICATION NO. 8 PERIOD TO: 9/2/11PROJECT NO. W( FROM: Springfield Contractors, Inc. VIA(Engineer): Alpha Consulting Engineers, Inc. CONTRACT DATE: 86/312010 290 Seaks Run Road RFPI JOB NO. Glen Rock, PA 17327 INVOICE N0. CONTRACT FOR: Sitework& Utilities0861-8 VENDOR NO. N T R' A LI A F RPA MENT Application is made for payment, as shown below,in connection with the Contract. The undersigned Contractor certifies that to the best of the Contractors knowledge, finfor- ed mation and belief the Work covered by this Application for Payment has been completed 1. ORIGINAL CONTRACT SUM $ 26in accordance with the Contract Documents,that all amounts have been paid by the 2. Net change by Change Orders 1,9— 7— 4• 0 Contractor for Work for which previous Certificates for Payment were issued and pay- 3. CONTRACT SUM TO DATE (Line 1+2) $ 20,850.00 ments received from the Owner, and that current payment shown herein is now due. 4. TOTAL COMPLETED&STORED TO DATE $-282,824.00 CONTRACTOR Spri el Contractors, Inc. (Column G on G703) $ 218.615.22 5. RETAINAGE: By: a• % of Completed Work $ Date: 912111 (Column D + E on G703) State of: ennsylvania b.__% of Stored Material $ County of. York (Ciolumn F on G703) Subscribed and sworn to before Total Retainage(Line 5a+5b or me this day of 2011 Total in Column I of G703) Notary Public: 6. TOTAL EARNED LESS RETAINAGE $ - My Commission expires: (Line 4 less Line 5 Total) $ 218,615.22 ARCHITECT'S CERTIFICATE FOR PAYMENT 7.,k--'S PREVIOUS CERTIFICATES FOR PAYMENT In accordance with the Contract Documents, based on on-site observations and the data (L,..e 6 from prior Certificate) compromising this application,the Architect certifies to the Owner that to the best of the 8. CURRENT PAYMENT DUE $ 152,311.71 $ Acrhitect's knowledge,information and belief the Work has progressed as indicated,the 9. BALANCE TO FINISH, INCLUDING RETAINAGE 66 303.51 . quality of the Work is in accordance with the Contract Documents, and the Contractor (Line 3 fess Line 6) Initial is entitled to payment of the AMOUNT CERTIFIED. $ 64,208.78_ 'AMOUNT CERITIFIED CHANGE ORDER SUMMARY $ ADDITIONS (Attach explanation if amount cert�ed differs from the amount applied for. Tota!changes approved in DEDUCTIONS all frgures on this Application and on the Continuation Sheet that are changed to revious months by owner 20850 conform to the amount certified.} Total a roved this month Engineer: TOTALS 20 850.00 By Date: NET CHANGES b chan a order 20 850.00 This certificate is not negotiable. The AMOUNT CERTIFIED is payable only to the Con- tractor named herein. Issuance, payment and acceptance of payment are without prejudice to any rights of the Owner or Contractor under this Contract. CONTINUATION SHEET AIA Document G702, APPLICATION AND CERTIFICATE FOR PAYMENT, containing APPLICATION NUMBER: 8 Contractor's signed Certification is attached. APPLICATION DATE: 912111 In tabulations below, amounts are state to the nearest dollar. PERIOD TO: 9/2/11 Use Column I on Contracts where viable retainage for line items may apply. PROJECT NO: 0861 A B C D E F G H I J ITEM DESCIPTION OF WORK -- CONTRACT --- --- THIS PERIOD -- STORED --- TOTAL --- N0. MATERIAL UNITS UNIT PRICE AMOUNT QUANTITY AMOUNT (THIS QUANTITY AMOUNT APLLICATION)l (PREVIOUS+THIS+STORED PART A-E&S CONTROLS 101 18"SILT SOXX 543 LF 5.50 2,986.50 LF - 355.00 LF 1,952.50 102 24"SILT SOXX 473 LF 8.80 4,162.40 LF - 307.00 LF 2,701.60 .J3 INLET PROTECTION (sack) 13 EA 21.40 278.20 EA - EA - 104 SEED&MULCH 1 LS 3,395.00 3,395.00 LS - 0.25 LS 848.75 105 SEDIMENT TRAP#1 1 EA 2,850.00 2,850.00 EA - EA - 106 CLEAN OUT 1 EA 74.00 74.00 EA - EA - 10f AASHTO#57 STONE FILTER 1 EA 465.00 465.00 EA - EA - 108 PLYWOOD RISOR 1 EA 85.00 85.00 EA - EA - 109 CLEARING&GRUBBING 1 LS 5,308.00 5,308.00 LS - 1.00 LS 5,308.00 195 SUBTOTAL-PART A 19,604.10 - 10,810.85 PART B-STORMWATER MANAGEMENT 201 SEDIMENT BASIN 3 1.00 LS 34,244.40 34,244.40 LS - 1.00 LS 34,244.40 202 OUTLET STRUCTURE OS D2 1 LS 3,845.00 3,845.00 LS - 1.00 LS 3,845.00 n03 FAIRCLOTH SKIMMER ASMB. 1 LS 1,215.00 1,215.00 LS - LS - J4 PLYWOOD RISOR 1 LS 99.00 99.00 LS - LS - 205 STONE BERM& DEWATER 1 EA 486.00 486.00 EA - EA _ 206 BAFFLE. 160 LF 21.20 3,392.00 160.00 LF 3,392.00 - - 160.00 LF -3,392.00 - 207 SPILLWAY 1 LS 230.00 230.00 LS - 1.00 LS 230.00 208 'ANTI-SEEP COLLAR 2 EA 608.00 1,216.00 EA - 2.00 EA 1,216.00 'CONTINUED ON NEXT SHEET CONTINUATION SHEET AIA Document G702,APPLICATION AND CERTIFICATE FOR PAYMENT, containing APPLICATION NUMBER: 8 Contractor's signed Certification is attached. APPLICATION DATE: 912111 In tabulations below, amounts are state to the nearest dollar. PERIOD TO: 9/2/11 Use Column I on Contracts where viable retainage for line items may apply. PROJECT NO: 0861 A B C D E F G H I J ITEM DESCIPTION OF WORK --- CONTRACT --- --- THIS PERIOD - STORED --- TOTAL -- NO. MATERIAL UNITS UNIT PRICE AMOUNT QUANTITY AMOUNT (THIS QUANTITY AMOUNT APLLICATION)l (PREVIOUS+THIS+STORED PART B-STORMWATER CONTINUED 209 CLAY CORE 1 LS 183.00 183.00 LS - 1.00 LS 1E3.00 210 CLEANOUT STAKE 1 EA 75.00 75.00 EA - EA - 12 15" DIA HDPE 234 LF 21.48 5,026.32 92.00 LF 1,976.16 92.00 LF 1,976.16 213 18" DIA HDPE 140 LF 25.39 3,554.60 LF - LF - 214 30" DIA HDPE (0-6) 367 LF .39.79 14,602.93 LF - 208.00 LF 8,276.32 215 '30" DIA HDPE (10'-12") 116 LF 43.40 5,034.40 37.00 LF 1,605.80 82.00 LF 3,558.80 216 30"DIA HDPE (12'-14") 93 LF 56.58 5,261.94 LF - LF - 217 36"DIA HDPE (0-6) 306 LF 51.93 15,890.58 310.00 LF 16,098.30 310.00 LF 16,098.30 218 48" DIA HDPE 38 LF 77.29 2,937.02 LF - 38.00 LF 2,937.02 219 29"x 42"CMP 487 LF 55.26 26,911.62 355.00 LF 19,617.30 487.00 LF 26,911.62 220 2'x4'TYPE M INLET 1 EA 1,781.00 1,781.00 EA - EA - 221 2'x4'TYPE C INLET 7 EA 1,446,00 10,122.00 2.00 EA 2,892.00 3.00 EA 4,338.00 222 3'x4' INLET w/2'x4'TOP TYPE C 3 EA 2,296,00 6,888.00 1.00 EA 2,296.00 1.00 EA 2,296.00 223 4'x4'BOX w/2'x4'TOP TYPE C 3 EA 2,515.00 7,545.00 EA - 2.00 EA 5,030.00 224 2'x6'BOX w/2'x4'TOP TYPE M 2 EA 1,755.00 3,510.00 2.00 EA 3,510.00 2.00 EA 3,510.00 '25 STORM MANHOLE 4'x4' 3 EA 2,064.00 6,192.00 2.00 EA 4,128.00 3.00 EA 6,192.00 226 STORM MANHOLE 4'x6' 2 EA 2,390.00 4,780.00 2.00 EA 4,780.00 2.00 EA 4,780.00 227 PRECAST ENDWALLS 2 EA 1,710.00 3,420.00 EA - 2.00 EA 3,420.00 228- 15"DIA HDPE END SECTION 1 EA 409.00 409.00 EA. - EA - 229 RIP-RAP APRON 3 EA 1,165.00 3,495.00 EA - 3.00 EA 3,495.00 SUBTOTAL-PART B 172,346.81 60,295.56 135,929.62 CONTINUED ON NEXT SHEET 'CONTINUATION SHEET AIA Document G702, APPLICATION AND CERTIFICATE FOR PAYMENT, containing APPLICATION NUMBER: 8 Contractor's signed Certification is attached. APPLICATION DATE: 9/2/11 In tabulations below, amounts are state to the nearest dollar. PERIOD TO: 9/2/11 Use Column I on Contracts where viable retainage for line items may apply. PROJECT NO: 0861 A B C D E F G H I J ITEM DESCIPTION OF WORK - CONTRACT --- --- THIS PERIOD --- STORED -- TOTAL --- NO. MATERIAL UNITS UNIT PRICE AMOUNT- QUANTITY AMOUNT (THIS QUANTITY AMOUNT APLUCATION PREVIOUS+THIS+STORED PART C-SITE EXCAVATION 300 STRIP TOPSOIL 851 CY 1.05 893.55 CY - 851 CY 893.55 '410 SITE GRADING 1.00 LS 35,484.08 35,484.08 LS - 0.95 LS 33,709.88 10 REPLACE TOPSOIL 851 CY 1.70 1,446.70 CY - 200 CY 340.00 SUBTOTAL-PART C 37,824.33 - 34,943.43 PART D-SANITARY SEWER 401 8"SDR 35 (6-8') 346 LF 17.37 6,010.02 85.00 LF 1,476.45 346.00 LF 6,010.02 402 8"SDR 35 (8-10') 18 LF 20.05 360.90 18.00 LF 360.90 18.00 LF 360.90 403 8"SDR 35 (10-12') 70 LF 23.05 1,613.50 70.00 LF 1,613.50 70.00 LF 1,613.50 404 6"SDR 35 LATERALS 484 LF 27.20 13,164.80 18.00 LF 489.60 502.00 LF 13,654.40 405 8"x6"WYE&6"BEND 18 EA 81.50 1,467.00 1.00 EA 81.50 19.00 EA 1,546.50 406 6"CLEANOUT ASSEMBLY 18 LF 85.00 1,530.00 LF - LF - 407 48" DIA CONCRETE MANHOLE 2 EA 1,986.00 3,972.00 1.00 EA 1,986.00 2.00 EA 3,972.00 408 CONNECT TO EX STUB 1 LS 181.00 181.00 LS - 1.00 LS 181.00 '09 SELECT BACKFILL IN DITCH 453 EA 6.18 2,799.54 EA - EA - 410 TESTING 1 EA 545.00 545.00 EA - EA - 411 SET MANHOLE LID&COVER 3 EA 185.00 555.00 EA - EA - SUBTOTAL-PART D 32,198.76 6,007.95 27,340.32 500 Change Order#1 1 LS 20,850.00 20,850.00 LS - 0.46 LS 9,591.00 APPLICATION TOTALS i 282,824.00 66,303.51 j 218,615.22 n T- 2475 3 �S P 110 DATE 10/1,4/2011 0� 0p F. � / 0 "YTGpringfielWnt / r lyJ�� Inc. AMouNT $24,603.51 MEM(DRAWW#8, P2-S2 cATEAccounts Payable AccrGraystone Bank P l 1 4 } i tt f } l EX: HIBIT i { k 1 4 i j _ 1 } I I 4-La; APPLICATION AND CERTIFICATE FOR PAYMENT PAGE ONE OF PAGES C¢ a. O: Trindle Station LLC PROJECT: Trindie Station Section 2-Phase II Attn: Frank Tamanini Monroe Township,Cumberland County 832 Tamanini Way APPLICATION NO. 9 Mechanicsburg, PA 17055 PERIOD TO: 10/1111 PROJECT NO. 861 1111)VIA(Engineer): Alpha Consulting Engineers, Inc. CONTRACT DATE: 11/3/2010 = -ROM: Springfield Contractors, Inc. RFPI JOB NO, K 290 Seaks Run Road INVOICE NO. 0861-9 W Glen Rock, PA 17327 VENDOR NO. .".ONTRACT FOR: Sitework&Utilities "Me CONTRACTOWS APPUCATION FOR PAYMENT The undersigned Contractor certifies that to the best of the Contractor's knowledge;in or- 4ppli--tion is made for payment,as shown below,in connection with the Contract. mation and belief the Work covered by this Application for Payment has been completed _om. .ation Sheet,AIA Document G703,is attached. in accordance with the Contract Documents,that all amounts have been paid by the 1. ORIGINAL CONTRACT SUM $ 261,974.00 Contractor for Work for which previous Certificates for Payment were issued and pay- 2. Net change by Change Orders $ 44,101.67 menta received from the Owner,and that current payment shown herein is now due. 3.CONTRACT SUM TO DATE (Line 1+2) $ 306,075.67 CONTRACTOR: Springfiel Contractors,Inc. 4.TOTAL COMPLETED&STORED TO DATE $ 272,476.08 �—' (Column G on G703) By: Date: 1013/11 5. RETAINAGE: a. % of Completed Work $ State of: Pe nsylva ia� (Column D+E on G703) County of. York b._% of Stored Material $ Subscribed and sworn to before (Column F on G703) me this day of 2011 Total Retainage(Line 5a+5b or Notary Public: Total in Column I of G703) $ - My Commission expires: 6.TOTAL EARNED LESS RETAINAGE $ 272,476.08 ARCHITECT'S CERTIFICATE FOR PAYMENT (Line 4 less Line 5 Total) In accordance with the Contract Documents, based on on-site observations and the data 7. t S PREVIOUS CERTIFICATES FOR PAYMENT compromising this application,the Architect certifies to the Owner that to the best of the '(Line 6 from prior Certificate) $ 229,874.22 Acrhitect's knowledge,information and belief the Work has progressed as indicated,the 8.CURRENT PAYMENT DUE $1 42,601. quality of the Work is in accordance with the Contract Documents, and the Contractor 9. BALANCE TO FINISH,INCLUDING RETAINAGE is entitled to payment of the AMOUNT CERTIFIED. (Line 3 less Line 6) $ 33,599.59 AMOUNT CERITIFIED $ (Attach explanation if amount certified differs from the amount applied for. Initial CHANGE ORDER SUMMARY ADDITIONS DEDUCTIONS all figures on this Application and on the Continuation Sheet that are changed to Total changes approved in conform to the amount certified.) previous months by owner 20 850.00 Engineer: Total approved this month 23 251.67 By: Date: TOTALS 44101.67 This certificate is not negotiable. The AMOUNT CERTIFIED is payable only to the Con- NET CHANGES by chan a order 44 101.67 tractor named herein. Issuance, payment and acceptance of payment are without prejudice to any rights of the Owner or Contractor under this Contract. CONTINUATION SHEET AIA Document G702, APPLICATION AND CERTIFICATE FOR PAYMENT, containing APPLICATION NUMBER: 9 Contractor's signed Certification is attached. APPLICATION DATE: 10/3/11 In tabulations below, amounts are state to the nearest dollar. PERIOD TO: 10/1/11 Use Column I on Contracts where viable retainage for line items may apply. PROJECT NO: 0861 A B C D E F G H I J ITEM DESCIPTION OF WORK — CONTRACT — — THIS PERIOD --- STORED — TOTAL --- NO. MATERIAL UNITS UNIT PRICE AMOUNT QUANTITY AMOUNT (THIS QUANTITY AMOUNT APLLICATION) (PREVIOUS+THIS+STORED PART A-E&S CONTROLS 101 18"SILT SOXX 543 LF 5.50 2,986.50 LF - 355.00 LF 1,952.50 "12 24"SILT SOXX 473 LF 8.80 4,162.40 LF - 307.00 LF 2,701.60 v3 INLET PROTECTION (sack) 13 EA 21.40 278.20 EA - EA - 104 SEED&MULCH 1 LS 3,395.00 3,395.00 LS - 0.25 LS 848.75 105 SEDIMENT TRAP#1 1 EA 2,850.00 2,850.00 EA - EA, - 106 CLEAN OUT 1 EA 74.00 74.00 EA - EA - 107 AASHTO#57 STONE FILTER 1 EA 465.00 465.00 EA - EA - 108 PLYWOOD RISOR 1 EA 85.00 85.00 EA - EA - 109 CLEARING&GRUBBING 1 LS 5,308.00 5,308.00 LS - 1.00 LS 5,308.00 195 SUBTOTAL-PART A 19,604.10 - 10,810.85 PART B-STORMWATER MANAGEMENT 201 SEDIMENT BASIN 3 1.00 LS 34,244.40 34,244.40 LS - 1.00 LS 34,244.40 202 OUTLET STRUCTURE OS D2 1 LS 3,845.00 3,845.00 LS - 1.00 LS 3,845.00 '93 FAIRCLOTH SKIMMER ASMB. 1 LS 1,215.00 1,215.00 LS - LS - /_04 PLYWOOD RISOR 1 LS 99.00 99.00 LS - LS - 205 STONE BERM&DEWATER 1 EA 486.00 486.00 EA - EA - 206 BAFFLE .160 LF _ 21.20_ _.. _ 3,392.00 LF - 160.00 LF 3,392.00 207 SPILLWAY 1 LS 230.00 230.00 LS - 1.00 LS 230.00 208 ANTI-SEEP COLLAR 2 EA 608.00 1,216.00 EA - 2.00 EA 1,216.00 CONTINUED ON NEXT SHEET CONTINUATION SHEET AIA Document G702, APPLICATION AND CERTIFICATE FOR PAYMENT, containing APPLICATION NUMBER: 9 Contractor's signed Certification is attached. APPLICATION DATE: 10/3/11 In tabulations below, amounts are state to the nearest dollar. PERIOD TO: 10/1111 Use Column I on Contracts where viable retainage for line items may apply. PROJECT NO: 0861 A B C D E F G H I J ITEM DESCIPTION OF WORK --- CONTRACT --- --- THIS PERIOD --- STORED -- TOTAL --- NO. MATERIAL UNITS UNIT PRICE AMOUNT QUANTITY AMOUNT (THIS QUANTITY AMOUNT APLLICATION)j (PREVIOUS+THIS+STORED PART B-STORMWATER CONTINUED 209 CLAY CORE 1 LS 183.00 183.00 LS - 1.00 LS 183.00 010 CLEA\NOUT STAKE 1 EA 75.00 75.00 EA - EA - ,2 15"DIA HDPE 234 LF 21.48 5,026.32 34.00 LF 730.32 126.00 LF 2,706.48 213 18"DIA HDPE 0 LF 25.39 3,554.60 LF - LF 214 30"DIA HDPE (0-6') 36' LF 39.79 14,602.93 253.00 LF 10,066.87 77LF 18,343.19 215 30" DIA HDPE (10'-12") 116 LF 43.40 5,034.40 LF - 82.00 LF 3,558.80 216 30" DIA HDPE (12'-14") 93 LF 56.58 5,261.94 LF - LF 217 36" DIA HDPE (0-61) 306 •LF 51.93 15,890.58 LF - 310.00 LF 16,098.30 218 48" DIA HDPE 38 LF 77.29 2,937.02 LF - 38.00 LF 2,937.02 219 29"x 42"CMP 487 LF 55.26 26,911.62 LF - 487.00 LF 26,911.62 220 2'x4'TYPE M INLET 1 EA 1,781.00 1,781.00 EA - EA - 221 2'x4'TYPE C INLET 7 EA 1,446.00 10,122.00 1.00 EA 1,446.00 4.00 EA 5,784.00 222 3'x4' INLET w/2'x4'TOP TYPE C 3 EA 2,296.00 6,888.00 2.00 EA 4,592.00 3.00 EA 6,888.00 223 4'x4'BOX w/2'x4'TOP TYPE C 3 EA 2,515.00 7,545.00 1.00 EA 2,515.00 3.00 EA 7,545.00 224 2'x6' BOX w/2'x4'TOP TYPE M 2 EA 1,755.00 3,510.00 EA - 2.00 EA 3,510.00 15 STORM MANHOLE 4'x4' 3 EA 2,064.00 6,192.00 EA - 3.00 EA 6,192.00 226 STORM MANHOLE 4'x6' 2 EA 2,390.00 4,780.00 EA - 2.00 EA 4,780.00 227 PRECAST ENDWALLS 2 EA 1,710.00 3,420.00 EA - 2.00 EA 3,420.00 228 15" DIA HDPE END SECTION 1 EA 409.00 409.00 EA - EA - - 229 RIP-RAP APRON 3 EA 1,165.00 3,495.00 EA - 3.00 EA 3,495.00 SUBTOTAL-PART B 172,346.81 19,350.19 155,279.81 CONTINUED ON NEXT SHEET CONTINUATION SHEET AIA Document 0702, APPLICATION AND CERTIFICATE FOR PAYMENT, containing APPLICATION NUMBER: 9 Contractor's signed Certification is attached. APPLICATION DATE: 10/3/11 In tabulations below, amounts are state to the nearest dollar. PERIOD TO: 10/1/11 Use Column I on Contracts where viable retainage for line Items may apply. PROJECT NO: 0861 A B C D E F G H I J ITEM DESCIPTION OF WORK -- CONTRACT --- -- THIS PERIOD --- STORED -- TOTAL NO. MATERIAL UNITS UNIT PRICE AMOUNT QUANTITY AMOUNT (THIS QUANTITY AMOUNT PART C-SITE EXCAVATION APLLICATION PREVIOUS+THIS+STORED 300 STRIP TOPSOIL 851 CY 1.05 893.55 CY - 851 CY 893.55 '1.0 SITE GRADING 1.00 LS 35,484.08 35,484.08 LS - 0.95 LS 33,709.88 --,0 REPLACE TOPSOIL 851 CY 1.70 1,446.70 CY - 200 CY 340.00 SUBTOTAL-PART C 37,824.33 - 34,943.43 PART D-SANITARY SEWER 401 8"SDR 35 (6-8') 346 LF 17.37 6,010.02 LF - 346.00 LF 6,010.02 ✓ 402 8"SDR 35 (8-10') 18 LF 20.05 360.90 LF - 18.00 LF 360.90 403 8"SDR 35 (10-12') 70 LF 23.05 1,613.50 LF - 70.00 LF 1,613.50 404 6" SDR 35 LATERALS 484 LF 27.20 13,164.80 LF - 502.00 LF 13,654.40 405 8"x6"WYE&6" BEND 18 EA 81.50 1,467.00 EA - 19.00 EA 1,548.50 406 6" CLEANOUT ASSEMBLY 18 LF 85.00 1,530.00 LF - LF - 407 48" DIA CONCRETE MANHOLE 2 EA 1,986.00 3,972.00 EA - 2.00 EA 3,972.00 408 CONNECT TO EX STUB 1 LS 181.00 181.00• LS - 1.00 LS 181.00 )9 SELECT BACKFILL IN DITCH 453 EA 6.18 2,799.54 EA - EA - 410 TESTING 1 EA 545.00 545.00 EA - EA - 411 SET MANHOLE LID&COVER 3 EA 185.00 555.00 EA - EA - SUBTOTAL-PART D 32,198.76 - 27,340.32 500 Change Order#1 1 LS 20,850.00 20,850.00 LS - 1.00 LS 20,85.0.00 501 Change Order#2 1 LS 23,251.67 23,251.67 1.00 LS 23,251.67 1.00 LS 23,251.67 APPLICATION TOTALS j 282,824.00 42,601.86 272,476.08 EXHIBIT K On Wed, Oct 19, 2011 at 4:15 PM, Frank Tamanini <frank c tanjanini.com>wrote: Rod, Attached is the Change Order#1 reflecting the design change cost responsibility which saved you the rock removal included in the contract. Please sign and return at which time I will promptly cut a check. Franf\- Txi).aiIi!).i Tamanini. & CoJzi1?a.ti www.tamhomes.com 717-766-7800 o-i:itcc. 717-443-6506 cell r r EXHIBIT 1 e EXHIB IT L REMINGTON,VERNICK&BEACH ENGINEERS C 0 n P� DAILY INSPECTION REPORT (J Project Name: Trindle Station 2,Section 2 Day&Date: M...T---W...K.. f•°..S k128/2011 Project Number: PCMTP086 Time In: Site Representative Client: Monroe Township Time Out: Verification(initials): Contractor: Springfield Contractors Weather: Snow...Rain...Cloudy.. Lear Foremen: John Robinson Temperature: -10..0..10..20..30 40. 50..60..70..80..90..100 F Planning/zoniug Capital (If Capital Please Record Manpower&Equip.Used) PIPE Type&Usage: Water...Storm...Sanitary RCP...DIP...PVC...ADS...CMP Size: Amt.Installed: Location: From Sta. to Sta. Trench Stabilization Used: End Areas: Lgth: Select Fill Used: End Areas: Lgth: ROADWAY Subbase Material: Tack: Amt.Installed: Milling: Trench Stabilization Used: Ground Temp.: Select.FW Used: Tons Used: CONCRETE Curb: Aprons: Sidewalk: Headwalls: Misc.: Yards Placed: OTHER Wells,Pump Sta.,Buildings,Tanks,Aux.Gen.,T&M,Landscaping WORKMEN: EQUIPMENT: COMMENTS: OFFICE PREP. Plan Review: Consultation With Eng./Planner/Client Documentation Review: Correspondence: C.O.'s: Bonds: Other: GENERAL COMMENTS: L' ®,4 VI TLr 70 � ,,4 -Z-4613 7--b Z-0/2 4,A40 X -8/2 710 #40614A6. A710rs IWX e �e ����ra�-.��lr�s��,�° � �'� �� �c�sr�� y.�s r���..� ©,� Com•-�.���a �5 Ahis 2. AC—gz Inspector: 4�Ac4, INA,*40,e ��. L4� A/ EXHIBIT e `I +ffiJtttu f���-w� Check If Engineer Was Copied M t"� �" Moe \ 0� 1�AH- EASEMENT � , / CO 26 27 28 29 F7 FFx_ 1igp�p 44p.7p 441.30 444�E - ` 2.50 3 � 28 /i Ar -Q� 1 i 1314 £ 41,5 �� 0 }42.30 44 45 -454'" G OD M 0 0 z >0 V) 1-812 STA. 1+25.15 TOPV 44 99 ININ 9.31-8131 INV IN 821- 1 INV IN 8.0 - INV OUT 437. 7 +40.17 1-812 PROPOSED STA. 1+40,16 TOP 442.99 INV. IN 430.52 INV. IN 430.52 OD 0 INV. IN 430.52 437 9 RINV. OUT 429.27 OD -A -7 - r-/ [1-81 2A, PROLQSED STA. 0+92,25 !Q I TOP 442.00 EW-8148 INV. IN 431,28 ,re Zeas Eosement� 7 INV-438.37 zz-+NT INV. OUT 431.18 437,4 -j F 00 Fn OD cl� Et C) -437 8 rin 1-814PROP ���q P 0 SE STA. 0+00 +00 TOP 439.80 0 M -A. 0 0 Tr- Op I INV. IN 432,10 444 r-co x INV IN 2329!12 o go x INV IN 439.12 INV. IN 432.10 z nr- 8,0c; INV OUT 439.12 INV. OUT 432,00, MO C) 0-00 mm CrrI9 SEAL 0 % F9N& SUBDWKM AND LAND DENS—OPWNT PLM > m 000 cAc- 0 m m m MISCELLANEOUS PROFILES 00 0 z z 01 9 0 OF ,. _ \: �,� f. -eC+L r � . 'j'17� f�L {).y ,,,,, �• .,L�7..+ '�i,•.'.^.c`'"..��.r is �; Ar- >n.- .• h :air,i -w� ca= ` .�,f j�' �:: Y,>>.; z'll I'v v w u M I C•s+! .t -••..} .•T� ^ !•✓Ji I•.,JUTLr «••.. Wf�"rtit�s,f, � ,�;1•L.:.:�'+,T,,,, .J• ...Lr.•.�►'•++c. • . y � - ..1, �AI; rd.a'+•.. ti.�?�lxi'� L 1:1 't-`�-:�••'` �. .YC• ^L EXHIBIT M F"vIINGTON,VERNICK&BEACH ENGINEERS DAILY INSPECTION REPORT Da &Date: M...T..(q.R...F...S �// 2 /7011 Project Name: Trindle Station 7,Section 2 Y Project Number: PCMTP086 Time In: Site Representative Client: Monroe Township Time Out: Verification(initials): Contractor: Springfield Contractors Weather: Snow...Rain...Cloudy.. Clear Foremen: John Robinson Temperature: -10..0..10..20..30..40 50. 0..70..80..90..100 F Planning/Zoning Capital (If Capital Please Record Manpower&Equip.Used) PIPE Type&Usage: Water...Storm...Sanitary RCP...DIP...PVC.. ADS .CMP Size: Amt.Installed: Location: From Sta. to Sta. Trench Stabilization Used: End Areas: Lgth: Select Fill Used: End Areas: Lgth: ROADWAY Tack: Subbase Material: Amt.Installed: Milling: Trench Stabilization Used: Ground Temp.: Select Fill Used: Tons Used: CONCRETE Curb: Aprons. Sidewalk: Headwalls: Misc.: Yards Placed: OTHER Wells,Pump Sta.,Buildings,Tanks,Aux.Gen.,T&M,Landscaping WORKMEN: EQUIPMENT: COMMENTS: OFFICE PREP. Plan Review: Consultation With EngJPlanner/Client Documentation Review: Correspondence: C.O.'s: Bonds: Other: GENERAL COMMENTS: u � dT yf /,U�ytbut TLDiC! D S7'DZW 5°5a , • _�✓1�.t.! c� B!4 To 15A1814A /. VO A2ojrt �,uc�T 8/2 To .4 " -,620 �i.�rn4 P 's l/s n 7JO,u _1 VA EXHIBIT Inspector: "Fav � $19a—4 .Pl1t �/,- ee,11� Check if Engineer Was Copied M 14 ✓. i w•.. : .r. .......... 906 \�' � \.• � `� \ ` H--904 130 / MH..g2 I 06 r � t ba ".'�. � G ;ir.::.:'tjif,;'lw'�� .r4 •e''ac�;,� 5' ..'v�. .;��Yf`"r„t.Kt�t�•-r�+r.cty f9^n)�'�+.ii.-e'r^'c•`^.f y`�r,. ' '•, •a.. 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'y" T^* '�JJi:I• ::re� f -'J^'�yd ✓ j.r�. ;.•,y'"`::., .. 1 +�.....• a ', a '-!:. •j, v.,,� � "tt* • �:, .y •F.'� 'Y r w r 44 ? '1::�,•��,v i .r. tr, , ,�_ -e`, _! ,4�,,.��••:.2• :' .•�„i. �� Z �. r' C •,= S/ b ,,"•J.yt + ';;,fi •a:�iJr tL.,.c - 5 it �at> t A.> ,' -•,.•-. ',:�J'1. i_.. i � y,•lS.:.'�, R• ,yi. !� �1 4!}J•,;�5.•»°-�', A '..tiy'r','y�': M17.`itY Y-�t 1'"..^:!. -.t' t.,17...�'�.. .•v�`3ti'�.^.rL:•i',..i.•. ea�'t / wJ.'•tet... >'1 'a t.rf � �w�'ti:.. ,•�. s �� , EXHIBIT N APPLICATION AND CERTIFICATE FOR PAYMENT PAGE ONE OF PAGES f0: Trind a Station LLC PROJECT: Trindle Station Section 2-Phase II Attn: Frank Tamanini Monroe Township,Cumberland County �.. 832 amanini Way APPLICATION NO. 10 m Mec anicsburg, PA 17055 PERIOD TO: 10/31/11 = PROJECT NO. 861 W VIA(Engineer): Alpha Consulting Engineers, Inc. CONTRACT DATE: 11/3/2010 -ROM: pringfield Contractors, Inc. RFPI JOB NO. 90 Seaks Run Road INVOICE NO. 0861-10 JaMe len Rock, PA 17327 VENDOR NO. 'ONTRA T FOR: Sitework&Utilities GONT T R APPLICATIONFOR PAM The undersigned Contractor certifies that to the best of the Contractor's knowledge infor- 4pplicatio is made for payment,as shown'below,in connection with the Contract. mation and belief the Work covered by this Application for Payment has been completed :,on; it n Sheet,AIA Document G703,is attached. in accordance with the Contract Documents,that all amounts have been paid by the I. ORIGIAL CONTRACT SUM $ 261,974.00 Contractor for Work for which previous Certificates for Payment were issued and pay- 2. Net ch�nge by Change Orders $ 70,442.19 ments received from the Owner, and that current payment shown herein is now due. 3. CONTRACT SUM TO DATE (Line i+2) $ 332,416.19 CONTRACTOR: Springfield ntractors,Inc. 4.TOTA COMPLETED&STORED TO DATE $ 312,086.15 (Colu n G on G703) By: Date: 11/1/11 5. RETAI AGE: a. /o of Completed Work $ State of: Pe nsylvani (C 31umn D+ E on G703) •County of: York b. /o of Stored Material $ Subscribed and sworn to before (C lumn F on G703) me this day of 2011 Total Retainage(Line 5a+5b or Notary Public: Toa(in Column I of G703) $ - My Commission expires: 6.TOTAL EARNED LESS RETAINAGE $ 312,086.15 ARCHITECT'S CERTIFICATE FOR PAYMENT (Lin a 4 less Line 5 Total) In accordance with the Contract Documents, based on on-site observations and the data 7. Lr'S PREVIOUS CERTIFICATES FOR PAYMENT compromising this application,the Architect certifies to the Owner that to the best of the '(L,_i 6 from prior Certificate) $ 272,476.08 Acrhitect's knowledge,information and belief the Work has progressed as indicated,the 8.CURR NT.PAYMENT DUE $1 38 610.07 quality of the Work is in accordance with the Contract Documents, and the Contractor 9. GALA CE TO FINISH, INCLUDING RETAINAGE is entitled to payment of the AMOUNT CERTIFIED.. (Line 3 ess Line 6) $ 20,330.04 •AMOUNT CERITIFIED $ (Attach explanation if amount certified differs from the amount applied for. Initial CHANGE1 ORDER SUMMARY ADDITIONS DEDUCTIONS all figures on this Application and on the Continuation Sheet that are changed to Total chages approved in conform to the amount certified.) previous months by owner 44 101.67 Engineer: Total app,oved this month 26 340.52 By: Date: TOTALSI 70 442.19 This certificate is not negotiable. The AMOUNT CERTIFIED is payable only to the Con- NET CHANGES by chan— ge order 70 442.19 tractor named herein. Issuance, payment and acceptance of payment are without prejudice to any rights of the Owner or Contractor under this Contract. I CONTINUATION SHEET AIA Document G702, APPLICATION AND CERTIFICATE FOR PAYMENT, containing APPLICATION NUMBER: 10 Contractor's signed Certification is attached. APPLICATION DATE: 11/1/11 In tabulations below, amounts are state to the nearest dollar. PERIOD TO: 10/31/11 Use Column I on Contracts where viable retainage for line items may apply. PROJECT NO: 0861 A B C D E F G H I J ITEM DESCIPTION OF WORK CONTRACT -- --- THIS PERIOD -- STORED --- TOTAL --- N0. MATERIAL UNITS UNIT PRICE AMOUNT QUANTITY AMOUNT (THIS QUANTITY AMOUNT APLUCATION) (PREVIOUS+THIS+STORED PART A-E&S CONTROLS 101 18"SILT SOXX 543 LF 5.50 2,986.50 LF - 355.00 LF 1,952.50 102 24"SILT SOXX 473 LF 8.80 4,162.40 LF - 307.00 LF 2,701.60 .03 INLET PROTECTION(sack) 13 EA 21.40 278.20 EA - EA - 104 SEED&MULCH 1 LS 3,395.00 3,395.00 LS - 0.25 LS 848.75 105 SEDIMENT TRAP#1 1 EA 2,850.00 2,850.00 EA - EA - 106 CLEAN OUT 1 EA 74.00 74.00 EA - EA - 107 AASHTO#57 STONE FILTER 1 EA 465.00 465.00 EA - EA - 108 PLYWOOD RISOR 1 EA 85.00 85.00 EA - EA - 109 CLEARING&GRUBBING 1 LS 5,308.00 5,308.00 LS - 1.00 LS 5,308.00 195 SUBTOTAL-PART A 19,604.10 - 10,810.85 PART B-STORMWATER MANAGEMENT 201 SEDIMENT BASIN 3 1.00 LS 34,244.40 34,244.40 LS - 1.00 LS 34,244.40 202 OUTLET STRUCTURE OS D2 1 LS 3,845.00 3,845.00 LS - 1.00 LS 3,845.00 1,03 FAIRCLOTH SKIMMER ASMB. 1 LS 1,215.00 1,215.00 LS - LS - �04 PLYWOOD RISOR 1 LS 99.00 99.00 LS - LS - 205 STONE BERM&DEWATER 1 EA 486.00 486.00 EA - EA - 206 BAFFLE 160 LF 21.20 3,392.00 LF - - 160.00 LF 3,392.00 207 SPILLWAY 1 LS 230.00 230.00 LS - 1.00 LS 230.00 208 ANTI-SEEP COLLAR 2 EA 608.00 1,216.00 EA - 2.00 EA 1,216.00 CONTINUED ON NEXT SHEET CONTINUATION SHEET AIA Document G702, APPLICATION AND CERTIFICATE FOR PAYMENT, containing APPLICATION NUMBER: 10 Contractor's signed Certification is attached. APPLICATION DATE: 11/1/11 In tabulations below, amounts are state to the nearest dollar. PERIOD TO: 10/31/11 Use Column I on Contracts where viable retainage for line items may apply. PROJECT NO: 0861 A B C D E F G H I J ITEM DESCIPTION OF WORK -- CONTRACT -- --- THIS PERIOD -- STORED -- TOTAL -- NO. MATERIAL UNITS UNIT PRICE AMOUNT QUANTITY AMOUNT (THIS QUANTITY AMOUNT APLLICATION) (PREVIOUS+THIS+STORED PART B-STORMWATER CONTINUED 209 CLAY CORE 1 LS 183.00 183.00 LS - 1.00 LS 183.00 210 CLEAINOUT STAKE 1 EA 75.00 75.00 EA - EA - 2 15"DIA HDPE 234 LF 21.48 5,026.32 111.00 LF 2,384.28 237.00 LF 5,090.76 213 18" DIA HDPE 140 LF 25.39 3,554.60 LF - LF 214 30"DIA HDPE (0-6') 367 LF 39.79 14,602.93 33.00 LF 1,313.07 494.00 LF 19,656.26 215 30"DIA HDPE (10'-12") 116 LF 43.40 5,034.40 LF - 82.00 LF 3,558.80 216 30"DIA HDPE (12'-14") 93 LF 56.58 5,261.94. LF - LF - 217 36" DIA HDPE (0-6') 306 LF 51.93 15,890.58 LF - 310.00 LF 16,098.30 218 48"DIA HDPE 38 LF 77.29 2,937.02 LF - 38.00 LF 2,937.02 219 29"x 42"CMP 487 LF 55.26 26,911.62 LF - 487.00 LF 26,911.62 220 2'x4'TYPE M INLET 1 EA 1,781.00 1,781.00 1.00 EA 1,781.00 1.00 EA 1,781.00 221 2'x4'TYPE C INLET 7 EA 1,446.00 10,122.00 3.00 EA 4,338.00 7.00 EA 10,122.00 222 3'x4' INLET w/2'x4'TOP TYPE C 3 EA 2,296.00 6,888.00 EA - 3.00 EA 6,888.00 223 4'x4'BOX w/2'x4'TOP TYPE C 3 EA 2,515.00 7,545.00 EA - 3.00 EA 7,545.00 224 2'x6'BOX w/2'x4'TOP TYPE M 2 EA 1,755.00 3,510.00 EA - 2.00 EA 3,510.00 25 STORM MANHOLE 4'x4' 3 EA 2,064.00 6,192.00 EA - 3.00 EA 6,192.00 z26 STORM MANHOLE 4'x6' 2 EA 2,390.00 4,780.00 EA - 2.00 EA 4,780.00 227 PRECAST ENDWALLS 2 EA 1,710.00 3,420.00 EA - 2.00 EA 3,420.00 228 15" DIA HDPE END SECTION 1- EA 409.00 409.00 -1.00 -EA 409.00 -1.00 EA 409.00 229 RIP-RAP APRON 3 EA 1,165.00 3,495.00 EA - 3.00 EA 3,495.00 SUBTOTAL-PART B 172,346.81 10,225.35 165,505.16 CONTINUED ON NEXT SHEET CONTINUATION SHEET AIA Document(3702,APPLICATION AND CERTIFICATE FOR PAYMENT, containing APPLICATION NUMBER: 10 Contractor's signed Certification is attached. APPLICATION DATE: 11/1/11 In tabulations below, amounts are state to the nearest dollar. PERIOD TO: 10/31/11 Use Column I on Contracts where viable retainage for line items may apply. PROJECT NO: 0861 A B C D E F G H I J ITEM DESCIPTION OF WORK -- CONTRACT -- --- THIS PERIOD --- STORED - TOTAL NO. MATERIAL UNITS UNIT PRICE AMOUNT QUANTITY AMOUNT (THIS QUANTITY AMOUNT APLUCATION) (PREVIOUS+THIS+STORED PART C-SITE EXCAVATION 300 STRIP TOPSOIL 851 CY 1.05 893.55 CY - 851 CY 893.55 `10 SITE GRADING 1.00 LS 35,484.08 35,484.08 0.05 LS 1,774.20 1.00 LS 35,484.08 _-0 REPLACE TOPSOIL 851 CY 1.70 1,446.70 100 CY 170.00 300 CY 510.00 SUBTOTAL-PART C 37,824.33 1,944.20 36,887.63 PART D-SANITARY SEWER 401 8"SDR 35 (6-8') 346 LF 17.37 6;010.02 LF - 346.00 LF 6,010.02 402 8"SDR 35 (8-10') 18 LF 20.05 360.90 LF - 18.00 LF 360.90 403 8"SDR 35 (10-12') 70 LF 23.05 1,613.50 LF - 70.00 LF 1,613.50 404 6"SDR 35 LATERALS 484 LF 27.20 13,164.80 LF - 502.00 LF 13,654.40 405 8"4"WYE&6"BEND 18 EA 81.50 1,467.00 EA - 19.00 EA 1,548.50 406 5'CLEANOUT ASSEMBLY 18 EA 85.00 1,530.00 EA - EA - 407 48"DIA CONCRETE MANHOLE 2 EA 1,986.00 3,972.00 EA - 2.00 EA 3,972.00 408 CONNECT TO EX STUB 1 LS 181.00 181.00 LS - 1.00 LS 181.00 `9 SELECT BACKFILL IN DITCH 453 EA 6.18 2,799.54 EA - EA - 410 TESTING 1 EA 545.00 545.00 1.00 EA 545.00 1.00 EA 545.00 411 SET MANHOLE LID&COVER 3 EA 185.00 555.00 3.00 EA 555.00 3.00 EA 555.00 SUBTOTAL-PART D 32,198.76 1,100.00 28,440.32 500 Change Order#1 1 LS 20,850.00 20,850.00 LS - 1.00 LS 20,850.00 501 Change Order#2 1 LS 23,251.67 23,251.67 LS - 1.00 LS 23,251.67 502 Change Order#3 1 LS 21,030.02 21,030.02 1.00 LS 21,030.02 1.00 LS 21,030.02 503 Change Order#4 1 LS 198.00 198.00 1.00 LS 198.00 1.00 LS 198.00 504 Change Order#5 1 LS 5,112.50 5,112.50 1.00 LS 5,112.50 1.00 LS 5,112.50 APPLICATION TOTALS -332,416.19 39,610.07 312,086.15 290 Seaks Run Road• Glen Rock,PA 17327-9594 phone: 717.235.6830 • fax: 717.235.0101 • C.O. 3 861-10 T&M Tamanini&Company DATE : November 1, 2011 Frank Tamanini 832 Tamanini Way YOUR ORDER NO : Mechanicsburg, PA 17055 YOUR JOB NO : Trindle Station House Excavating UNIT QUANTITY DESCRIPTION PRICE TOTAL T&M Work performed _Trindle Station in the past month 10/03/2011 Scraped mud off road so townhouse contractors could access townhomes 1.0 hr D3 CAT Dozer $ 78.00 $ 78.00 1.0 Is 23.77 ton of 2RC stone $ 217.84 $ 217.84 10/4/11 Raised water valve box, pumped standing water out of street&parking lot,toothed up mud in street to help dry mud,&set 2 ex.sewer frame& covers to paving grade 8.0 hr Foreman $ 50.00 $ 400.00 2.0 hr 953 CAT Track Loader $ 98.00 $ 196.00 18.5 hr Laborer $ 32.00 $ 592.00 8.0 hr Pickup/crew truck&tools $ 12.50 $ 100.00 2.0 hr 2"Pump $ 15.00 $ 30.00 10/05/2011 Worked on backfilling curbs&continued to dewater street 2.0 hr 580 Case R/T Backhoe/Loader $ 75.00 $ 150.00 7.0 hr Laborer $ 32.00 $ 224.00 3.0 hr Foreman $ 50.00 $ 150.00 10/6/11 Install conduit for electric&phone 4.0 hr PC95 Komatsu Excavator $ 110.00 $ 440.00 2.0 hr 580 Case R/T Backhoe/Loader $ 75.00 $ 150.00 14.0 hr Laborer $ 32.00 $ 448.00 1.0 Is 260'3"sch 40, 280'4"sch 40 conduit&fittings $ 901.48 $ 901.48 10/06/2011 Boxed out soft areas of street,cleaned up c concrete from curb contractor,&finished curb backfill 3.0 hr New Holland Skid Steer Loader w/Broom $ 73.00 $ 219.00 2.0 hr PC95 Komatsu Excavator $ 110.00 $ 220.00 1.0 hr D3 CAT Dozer $ 78.00 $ 78.00 4.0 hr Laborer $ 32.00 $ 128.00 Total page 1 $4,722.32 Continued on t2age C.O. 3 861-10 cont. DATE : November 1, 2011 UNIT QUANTITY DESCRIPTION PRICE TOTAL 1017/11 Install conduit for electric& phone 6.5 hr PC95 Komatsu Excavator $ 110.00 $ 715.00 15.0 hr Laborer $ 32.00 $ 480.00 10/10/11 Finished conduits in front of townhomes, .started working on gas trench 1.0 hr New Holland Skid Steer Loader $ 73.00 $ 73.00 2.0 hr PC95 Komatsu Excavator $ 110.00 $ 220.00 1.0 hr Foreman $ 50.00 $ 50.00 .8.0 hr Laborer $ 32.00 $ 256.00 10/10/11 Maintained acces road for paving contractor 1.0 hr D66 Komatsu Loader $ 110.00 $ 110.00 1.0 hr DD65 IR Roller $ 83.00 $ 83.00 1.0 Is 200'2"sch 40, 300'4"sch 40 conduit&fittings $ 838.42 $ 838.42 10/12/11 Open trench&install conduit for phone co. 4.0 hr PC95 Komatsu Excavator $ 110.00 $ 440.00 12.0 hr Laborer $ 32.00 $ 384.00 10/17/11 Hauled stone to porches behind townhomes for the concrete contractor 1.5 hr 580 Case R/T Backhoe/Loader $ 75.00 $ 112.50 10/17/11 Opened up electric trench, 2 pedistal,& hand dug around existing pedistal 7.0 hr PC95 Komatsu Excavator $ 110.00 $ 770.00 14.5 hr Laborer $ 32.00 $ 464.00 8.0 hr Pickup/crew truck&tools $ 12.50 $ 100.00 10/18/11 Opened up electric trench, installed conduit 35'of concrete encasement in gas ROW,&install pull ropes in conduit in front of townhomes 5.5 hr PC95 Komatsu Excavator $ 110.00 $ 605.00 0.5 hr 580 Case R/T Backhoe/Loader $ 75.00 $ 37.50 0.5 hr I.R.Air Compressor $ 20.00 $ 10.00 14.5 hr Laborer $ 32.00 $ 464.00 2.0 hr Foreman $ 50.00 $ 100.00 1.0 Is 43.63 ton of screenings for electric trench $ 572.84 $ 572.84 1.0 Is 8 cubic yards of 3000#concrete $ 1,146.76 $1,146.76 Total page 2 $8,032.02 Continued on page 3 Page 2 C.0. ;7i 861-10 cont. DATE : November 1,2011 UNIT QUANTITY DESCRIPTION PRICE TOTAL 10/19/11 Finished installing rope in conduits for electric co.&screened approaches to concrete encasement 1.0 hr Foreman. $ 50.00 $ 50.00 2.0 hr Laborer $ 32.00 $ 64.00 1.0 hr I.R.Air Compressor $ 20.00 $ 20.00 10/20/11 Pumped water 7 clean mud from utility trench,screened ditches, install conduits& backfilling 5.0 hr 580 Case R/T Backhoe/Loader $ 75.00 $ 375.00 2.0 hr. PC95 Komatsu Excavator $ 110.00 $ 220.00 14.0 hr Laborer $ 32.00 $ 448.00 1.0 hr Foreman: $ 50.00 $ 50.00 1.0 Is 47.82 ton of screenings for electric trench $ 627.84 $ 627.84 10/24/11 Loaded, hauled fill,& placed for ramp over gas main 1.0 hr 953 CAT Track Loader $ 98.00 $ 98.00 1.0 hr D30D CAT Haul Truck $ 140.00 $ 140.00 1.0 hr D3 CAT Dozer $ 78.00 $ 78.00 10/26/11 Worked on screening & backfilling utility trenches 1.5 hr 580 Case R/T Backhoe/Loader $ 75.00 $ 112.50 1.0 hr PC170 Komatsu Excavator $ 130.00 $ 130.00 3.0 hr Laborer : $ 32.00 $ 96.00 10/27/11 Worked on installing gas conduit&dust 0.5 hr New Holland Skid Steer Loader $ 73.00 $ 36.50 1.5 hr Laborer $ 32.00 $ 48.00 10/28/11 Screened & backfilled remaining electric transformer pads 2.0 hr 580 Case R/T Backhoe/Loader $ 75.00 $ 150.00 1.0 hr PC170 Komatsu Excavator $ 130.00 $ 130.00 6.0 hr Laborer $ 32.00 $ 192.00 10/31/11 Opened gas main trench 8.0 hr PC95 Komatsu Excavator $ 110.00 $ 880.00 6.0 hr Laborer $ 32.00 $ 192.00 Total page 3 $4,137.84 Continued on a e 4 Page 3 C.O. 3 861-10 cont. DATE : November 1,2011 UNIT QUANTITY DESCRIPTION PRICE TOTAL Total page 3 $4,137.84 Total page 2 $8,032.02 Total page 1 $ 4,722.32 Total Change Order#3 $ 21,030.02 i Page 4 290 Seaks Run Road•Glen Rock,PA 17327-9594 - - • phone: 717.235.6830 • fax: 717.235.0101 • • C.O. 4 861-10B T&M Tamanini&Company DATE : November 1,2011 Frank Tamanini 832 Tamanini Way YOUR ORDER NO : Mechanicsburg, PA 17055 YOUR JOB NO : Trindle Station House Excavating UNIT QUANTITY DESCRIPTION PRICE TOTAL T&M Work performed[D_Trindle Station in the past month 10/14/2011 Had to reparge&retest existing manhole #3. MH frame&cover was hit by road contractor crew.Test with township passed 1.5 hr Foreman $ 50.00 $ 75.00 1.5 hr Laborer $ 32.00 $ 48.00 1.5 hr Pickup/crew truck,tools&air test equipment $ 50.00 $ 75.00 Total Change Order#4 $ 198.00 i I Page 1 i i 290 Seaks Run Road•Glen Rock,PA 17327-9594 phone: 717.235.6830 • fax: 717.235.0101 • • I i C.O. :5 ] 861-1OC Tamanini&Company DATE : November 1, 2011 Frank Tamanini 832 Tamanini Way YOUR ORDER NO : Mechanicsburg, PA 17055 YOUR JOB NO : Trindle Station House Ex vating UNIT QUANTITY DESCRIPTION PRICE TOTAL Work Jornpleted due to changes to the approved plans to raise the storm sewer system 76.0 If 24"Dia. HDPE pipe $ 32.59 $2,476.84 70.0 If Swale 14'wide for gas main crossing $ 10.55 $ 738.50 2.0 ea Concrete Endwall for 24"dia pipe $ 1,535.00 $3,070.00 Alterations to 1-812 2.0 hr 235 CAT Excavator $ 165.00 $ 330.00 2.0 hr New Holloand Skid Loader $ 73.00 $ 146.00 4.0 hr Clipper Concrete Saw $ 75.00 $ 300.00 16.5 hr Labor $ 32.00 $ 528.00 Total Change Order#5 $5,112.50 i I I I I I Page 1 I 290 Seaks Run Road•Glen Rock, PA 17327-9594 r r phone: 717.235.6830 9 fax: 717.235.0101 STATEMENT DATE: November 10,2011 Tamanini&Company ATTN: Frank Tamanini 832 Tamanini Way Mechanicsburg, PA 17055 Trindle Station Townhomes DATE REF. NO. DESCRIPTION CHARGES CREDITS BALANCE $11,674.32 $11,674.32 12131/10 0861-1 Invoice $11,674.32 $0.00 1128111 Payment(Invoice 08614) $17,172.48 212/11 0861-2 Invoice $17,172.48 3/2/11 Payment(Invoice 0861-2) $17,172.48 $0.00 $40,009.32 $40,009.32 3/17111 0861-3 Invoice $40,009.32 $0.00 3129/11 Payment(Invoice 0861-3) $33,078.96 4/19/11 0861-4 Invoice $33, 78.96 5116/11 0861-5 Invoice $11,6670.86 $44,749.82 • 5120/11 Payment(Invoice 0861-4) $33, 78.96 $11,6 .86 6121/11 Payment(Invoice 0861-5) $11,6670.86 $0.00 0$ $14,831.57 $14,831.57 6/30/11 0861-6 Invoice 8/1111 0861-7 Invoice $23,874.20 $38,705.77 8/23/11 Payment(Invoice 0861-7) 23,874.20 $14,831.57 $66,303.51 $81,135.08 912/11 0861-8 Invoice 14,831.57 $66,303.51 9/8111 Payment(Invoice 0861-6) 9/8/11 Payment(Invoice 0861-8) 20,850.00 $45,453.51 86 $88,055.37 10/3/11 0861-9 Invoice $42,601. 10/14/11 Payment(Invoice 0861-8) 24,603.51 $63,451.86 10/20/11 Payment(Invoice 0861-8) 20,850.00 $42,601.86 $39,610.07 $82,211.93 11/1/11 086140 Invoice $63,451.86 EXHIBIT www.springcon.com ESCH .IB IT Pl . December 12, 2011 Matt Eyster Springfield Contractors, Inc. 290 Seaks Run Road Glen Rock, PA 17327-9594 Mr. Eyster, Springfield Contractors'made unapproved changes to the storm water management plan at Trindle Station Section 2. 1 have asked for a proposed change order for this new design of yours many times and still have not received it.This change should never have been made without a change order and township approval. Now you have pulled your equipment off the uncompleted job.You are aware that we are working under an agreed upon time frame.Any direct or indirect cost associated with unauthorized changes will be your responsibility. For example,curbing and blacktop need to be installed so that water lines can be activated to new sections. In the event we are unable to complete that work according to the agreed upon time frame we will seek damages for such delay. We need to be clear as to liability for these changes.When you and Mr. Krebs proposed these changes to save rock removal at the depths in the plans,you stated that this change would save Trindle Station and Springfield money. Rock removal is included in the contract.You stated that this was a minor change. I made it clear that the cost of any engineering and alternate design requirements would be borne by Springfield under our contract verses your rock removal costs for these inlets and pipes. As you are aware this change raises inlets and affects the onsite and offsite upland drainage.Alpha Consulting Engineers have submitted numerous plans and studies to Monroe Township for review after you and Mr. Krebs met with Alpha and explained your alternate plan. Final determination has not yet been made and yet here we are with the improvements which you have revised and installed. While the township engineer made it clear at his inspection of the work that it is at your risk, I am still at this juncture preparing to and needing to proceed with curb and paving at this location and without a change order request from you or approval from the township. We are proceeding with this alternate plan as noted above unless I hear differently from you. Otherwise I expect the work to be completed according to the Final Subdivision Plan dated 1/29/2008 with the last revision date of 04/13/2010 as noted in the contract. In the interests of an amicable resolution I hope to hear back from you directly. Frank Tamanini, Managing Member Trindle Station, LLC 832 Tamanini Way Mechanicsburg, PA 17055 EXHIBIT EXHIBIT Q az _ 4. KATHERM N, IHEIM TOED' s w ;- ATTORNEYS AT LAW :=--s_ . ••Y•:-:: 345 EAST MARKET STREET YORK, PENNSYLVANIA 17403 (717)854-5124 FAX 843-2590 J,ROBERT KATHERMAN FAX 848-5898(LCH) L.C.-HEIM RONALD PERRY STACEY R.MACNEAL December 16, 2011 Mr. Frank Tamanini Trindle Station, LLC 832 Tamanini Way Mechanicsburg, PA 17055 RE: Trindle Station Phase 2, Sections 1 and 2 Overdue Invoices Dear.Mr. Tamanini Please be advised this office represents Springfield Contractors, Inc. Our client advises that there are overdue invoices in the amount of$63,451.86, which have remained unpaid for a period in excess of 30 days. The purpose of this letter is to request the immediate payment of this amount. Should payment not be made received within 10 days of date of this letter, further legal action will be instituted. Further, be advised, due to your breach of the written contract by virtue of the non payment of monies when due, Springfield Contractors hereby terminates its contractual relationship with you. j Very truly yours, i KA.THERMAN, fIE1M & PERRY f .i. Robert Katherman, Esq. i 7RKills cc: Springfield Contractors, Inc. EEj4§1T "We Mean Business--" i i 4 t I I 6/12/12 Tarr 'ni Homes Mail-Images in"Fwd:Tdndle 2/2 SWM revs COWARD VERMICK P&.CUF;•Prwldint MINGTOT T. cI:AIc'F REQ► : s VJXUnVEVICE P MIDENIS V.�j� Michel EfYeea,PE;PP,GMEto.�,�ovawq :& ■ � ... Edwe+d J_w61mj..P.E"PPCME Thomas F beach,PF,.CtdE E ..NGiN .E. E12.. S . . . lilchaid..G.Aiarlgd;PE.C�iE mociva or-0K* RATIONT, :00RP'QxM3a-inure: - 'traftyh'*V ieeti,DA,WW* May 21;:2012:= SENWR'ASSOCI'rUES• - . Jamb J:.pM{ve1R PC..PPOAE 'AIenOtllmhofe;PE,.PP,CME� ' w . :.r Y P E '�. .Monroe.Tpwnslii0,Boardof�Supervisors: . .d3nnl5-K.YadRO PE,�PP CM6 LEED 122if:BC1111I1IvY,_Spl1Dk,5 dtoaCl .. 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U s. lssa'`3°31z4'I`�' Sever layout'pn8iie alicl f iii rc tiionroe Street of.-Phase 2, E1JO Peetuld'Meque,�?rd.ftocr_. . u rov.p ag A:pa q;of rccordcd.la id:.cieyelbpiRent plutt. S�mn,to0709 - 17p .c2hiT 6T17 2197.: ,: � . aolt aia.2isswR iirrteiiq:Otcr.Rejiiitatiori.Everr,r D4c�.Si)uc 19Q1 EXHI haps://mail.google.com/mail/ca/u/0/?ui=2&ik=7378el5461&view=aft&th=13798aO7e769aff6&dis =lm s 6/12/12 Tam- •i Homes Mail-Images in"Fwd:Trindle 2/2 SWM revs' Nfonrou.ToNNrship-Board.of-Supervisors May 24,2012 Triridle:Staiion,.Pliasc 1;Section 2. II:3toim�'4!ater-Mai�agi:mcrit. I. Drainage'easernerit-musL'clearly.identityy-.who has:right of access.(T�i�unshipj and responsibility. !or maintccian&a(Fropert}T U Ci(3.3}. 2. R*rl anrlendum must be,sigmed and.sealed by.engineer. rc§ponsible tot revised.report with. ceitifi.4 iii s lzmeril:.fTom SALVO: 3: i`leeii revision date-on:jilaus.ti kiiafi ckirWgg S'iiia le:a it r.evision%date..4116h: 4_ Appl canfmiist:subiiiit.revireo boiiil sivN analysis to refiogt.rcvisions.to.plan: 5, £scFoa�for•:inspectioris.must be ade �iaie:io,:coinplcfc ccyiistnratioii inspec;tiutj- C: Provictc riotificAtion"fronici�tiitibia C; c:C i3rnpany.tlt elearanye bel,reen main and drainage irriprovements:is=acceptixble: . 7: Ulan:sheets:tfiat:nave:beexi:revrseci,since land:deircIopcncm:plans:reeortlod'must be recorded with a note, s6ii h .indiotcs; that.,the new.:plans 'rel.lade .prct�oxis ones and .ri fefi nee iJg nal instrument number; 'tease Candi' our;Mccfianic§liirrg, Pik.crffice''at.Q-17}"7ti6=1775 i€ rou::shoUld tiave.any giiestiawk.or desire addifional.inforit►Ation: very°1;r�,tyyoui�� Keiiiingfon,�eraiclkdc"$itecli pnears 14Mar1;B:Enii<iiirt Mcinroe:Tirwitship:Erigirieer �. Attaclirrientti. co:. Ttidicharl`r�trasli;lsq tc-maiij Joc 1Ji1da;Alplia.Euginirs,(e=mail) Fgaiik:Taniarilns.--TrindteStatioix;LLC--( =iiiail)` :rite i i https.//mail.google.com/mail/ca/u/0/?ui=2&ik=7378el5461&view=att&th=13798a07e769aff6&disp=imgs T 4/5 EXH I B IT S SPRINGFIELD CONTRACTORS, IN THE COURT OF COMMON PLEAS DAUPHIN COUNTY, PENNSYLVANIA PLAINTIFF V. NO. 2012-2354 TRINDLE STATION, LLC, DEFENDANT CIVIL ACTION - LAW/ DEPOSITION. OF: RODNEY L. KREBS TAKEN BY: DEFENDANT BEFORE: JEAN M. DAVIS, REPORTER NOTARY PUBLIC i. DATE: NOVEMBER 9, 2012 10:25 A.M. PLACE: SERRATELLI, SCHIFFMAN & BROWN, P.C. 2080 LINGLESTOWN ROAD HARRISBURG, PENNSYLVANIA APPEARANCES.- LAW PPEARANCES:LAW OFFICE OF SARAH E. BUHITE BY: SARAH E. BUHITE, ESQUIRE 149 EAST MARKET STREET YORK, PENNSYLVANIA 17401 717 .843.1639 FOR - PLAINTIFF SERRATELLI, . SCHIFFMAN & BROWN, P.C. BY: PAIGE MACDONALD-MATTHES, ESQUIRE 2080 LINGLESTOWN ROAD HARRISBURG, PENNSYLVANIA 17110 . 717 .540.9170 FOR - DEFENDANT ALSO IN ATTENDANCE: FRANK TAMANINI, MATTHEW W. EYSTER JEAN DAVIS REPORTING 285 EAST MANSION ROAD • . HERSHEY, PA 17033 EXH IT (717)503.6568 1 Q. And based on your knowledge and reading of the 2 Township specifications and the plans that were recorded at 3 the time, you submitted a proposal? 4 A. That' s correct. 5 Q. And you represented in that proposal, did you 6 not, that you were going to abide by what you reviewed, 7 i.e. , the Township specifications and the recorded plans? 8 A. Correct. 9 Q. I note that in your proposal, you did not include 10 any indication of away to save money by not complying with 11 the Township specifications and recorded plans; is that 12 correct? 13 A. Did I? . 14 Q. Did you propose any indication in your proposal 15 of October 20th, 2010, of a way that, quote, your words, the 16 owner could save money by doing the revisions that you 17 suggested? 18 A. No. 19 Q. Turning to Defendant' s Exhibit 5, Section 9.1 .2 , 20 were you not obligated to, before starting each portion of 21 the work, carefully study and compare the various contract 22 documents relative to . that portion of work as well as the 23 information furnished by the owner and take field 24 measurements of any existing conditions such that your 25 proposed way of saving money could have and should have been iol 1 to review the 30-inch storm sewer pipe? Thanks. Rod. " Did 2 I read that correctly? 3 A. You did. 4 Q. You understood that work on the project was being 5 held up because Township approval had not been secured? 6 A. That' s right. It was. 7 Q. So you understood that Township approval was a 8 condition precedent for Mr. Tamanini saying .yeah or nay on 9 your proposed change? 10 A. Yes. 11 (E-mail dated 8/2/11 marked as Defendant' s 12 Exhibit No. 9. ) 13 -BY. ATTORNEY MACDONALD-MATTHES: 14 Q. Mr. Krebs, I've handed you a document marked as 15 Defendant' s Exhibit No. 9 and ask if you can identify this 16 document for the record. I will represent to you that this 17 is an e-mail that you were not copied on. 18 A. Okay. 19 Q. The reason I 'm handing it to you is, do you 20 recall having a conversation with Rick Castranio about the .21 field change that you wanted to make for this project? 22 A. I remember having a conversation with Rick on 23 Frank' s behalf. 24 Q. Okay. And you understood during your meeting 25 with Mr. Castranio that no work was going to happen until 110 1 the Township gave its blessing? 2 A. Yes. 3 ATTORNEY MACDONALD-MATTHES: We'll take a quick 4 break. 5 (Break. ) 6 BY ATTORNEY MACDONALD-MATTHES: 7 Q. Mr. Krebs, who came up with the design plan? Was 8 it you or was it Mr. Eyster? 9 A. No. I made suggestions and reviewed them with 10 Frank. , 11 Q. And you made these suggestions notwithstanding 12 the fact .that you don't have any engineering background, 13 right? 14 A... I don' t know anything about laying pipe. 15 Q. And you don' t have any prior experience with 16 storm sewer design, do you? 17 A. Not a bit. 18 Q. Nevertheless, you decided that you were going to 19 come up with this new design, right? 20 A.. Right. 21 Q. Did you put pen to paper for these plans? 22 A. I actually took a set of plans and on the profile 23 drew in my suggestions. 24 Q. And do you have a copy of those? 25 A: I don' t. 111 1 Q. And so when I asked you earlier, did your 2 employees go forward and implement the changes without 3 Township approval and you said, no, do you want to change 4 your answer now? 5 A. I don't remember saying that. 6 Q. . You did. So do you want to correct your 7 testimony? 8 A. They did it without Township approval. 9 Q. All right. Did you have discussions with the 10 project engineer for Trindle Station, which was Alpha 11 Engineering? 12 A. I did. 13 Q When did you have discussions with the project 14 engineer? 15 A. I think it was right after I gave him my 16 suggestions on the profile for the storm sewer. 17 Q. When you say gave him, who is him? 18 A. Rick with Alpha Engineering. 19 Q., Where did this meeting take place? 20 A., Their office, I think. I'm pretty sure it was. 21 Q.; When? 22 A.' I don' t know the date. 23 Q. Was it in the month of August of 2011, was it in 24 the month of June 2011, or was it in the month of May of 25 2011? 116 E HIBIT T 6/7/12 T mini Homes Mail-Invoices/billings for revisions sec 2 tfl..iY,S(I: i:rar'' T- ------------ Invoices/billings "Invoices/billings for revisions sec 2 �� Frank Tamanini <frank@tamanini.com> � To: Rick Castranio <rcastranio@alphacei.com>, Cathy Nicholls <CNicholls@alphacei.comon, Jun 4, 2012 at 9:09 AM Cathy, Please send a summary of engineering costs billed to date and anticipated on the storm water revisions in Section 2.1 ASAP. Thanks, Frank Tamanini Tamanini &Company www.tamhomes.com 717-766-7800 office 717-443-6506 cell i i Cathy Nicholls<CNicholls@alpfiacei.com> T s To: Frank Tamanini <fiank@tamanini:com> Thu, Jun 7, 2012 at 2:12 PM ( Cc: Richard Castranio<RCastranio@alphacei.cbm> I i Frank, Billing summary of storm water revisions in Section 2(per your request): f i r Billed(through 4/30/12) $ 15,695.00 May 2012 1,425.00 Anticipated ---1,230-00 i i Total $ 18,350.00 i Cathy A.Michvlls f Office Manager ALPHA Consulting Engineers,Inc. EXHI https://mail.google.com/mail/ca/u/O/?ui=2&ik=7378el5461&view=pt&search=inbox&th=137b79db4bl da... 8 __........__.._.._ _.._._.__... 6!7/12 T nini Homes Mail-Invoices/billings for revisions sec 2 115 Limekiln Road New Cumberland,PA 17070 (717)770-2500 From: Frank Tamanini [mailto:frank@tamanini.com] Sent: Monday,June 04, 2012 9:10 AM To: Richard Castranio; Cathy Nicholls Subject: Invoices/billings for revisions sec 2 [Quoted text hidden] i i j i 1 I . i I i i https.-//mail.900gle.com/maii/ca/u/0/?ui=2&ik=7378el5461&view=pt&search=inbox&th=137b79db4b1 da... 2/2 I Trindle Station - Tamanini Homes Revisions to Section 2, Phase 2 Plan involving outfall pipe reloction, swale calculations, meeting with contractor, pipe alternative and overall development stormwater review. on i Date of Invoice Invoice# Amt. Date of Letter Amt.on i Invoice from Twp. Twp.Letter Reimbursable expense Remington&Vemick11/9/2011 PCMTP086-27 $325.93 Monroe T Remington&Vemick 11/17/2011 PCMTP086-26 $700.20 Monroe T _ 11„0;201 $325.93 $5.00 miles e Remington&Vemick 1218/2011 PCMTP086-28 $1,225.35 Monroe T 12!14/2011 $633.61 $66.59-remaining on acct. Remington&Vemick 1/10/2012 PCMTP086-29 $1,187.69 Monroe T . $1,235.35 $10.00 miles e Remington&Vemick 3!5/2012 PCMTP086-31 $595.00 Monroe T 1/18/2012 $1 187.69 Remington&Vemick 4/11!2012 PCMTP086-32 3/19/2012 $595.00 $178.50 Monroe T 4/23/2012 $178.50 $4,156.08 r E I IT I I I I I r� 1 I 6/5/12 Tamanini Homes Mail-Trindle Station P2S2 Trindle Station P2S2 1 Joe Bilda <JBilda@alphacei.com> To: Frank Tamanini<frank@tamanini.com> Tue, Jun 5, 2012 at 10:06 AM Frank, i The additional items are listed below. I only included what needs to be installed for Section 2. In m opinion the other additional items are outside of Section 2 project area, (Monroe Street,Swale C, Etc.) i ! 241 LF 30"HPDE @$60 per LF=$14,460 2 TYPE DW ENDWALLS @$1800/EA=$3,600 330 LF OF 4 FT SWALE @$4,50 PER LF=$1,485 Total=$19,545 I i ! i i FVEXHIT https://mail.google.com/ma!Vu/0/?ui=2&ik=73.78el5461&view=pt&search=inbox&th=137bcflO56b4l83a .. I I I I I I I Mark Heckman Real Estate Appraisers 1309 Bridge Street, New Cumberland,PA 17070 F7e No.Lot 112 Tamanini Wa i i I APPRAISAL OF Single Family Residential Building Lot 1 i LOCATED AT: Lot 112,Trindle Station,Phase II Mechanicsburg,PA 17055 CLIENT: Frank Tamanini 832 Tamanini Way Mechanicsburg,PA 17055 I AS OF: April 16,2013 II I BY: Mark W.Heckman,Certified General Appraiser Commonwealth of Pennsylvania Certification No. GA000666L 1 I I EXHIBIT PH(717)774-7202 FAX(717)774-0383 EMAIL heckmanappraisers@comcast.net I I I Mark Heckman Real Estate Appraisers Land Appraisal Report File No. Lot 112 Tamanini Wa The purpose of this appraisal report KID provide the client with a credible opinion of the defined value of the subject property,given the intended use of the appraisal. Client Namellmended User Frank Tamanini E-mail frank tamanini.com • Client Address 832 Tamanini Way city Mechanicsburg state PA Zip 17055 Additional Intended users No additional intended users have been identified. Intended use Establish loss in value due to installation of a large and deep drainage swale through center of subject site PropertyAddress Lot 112 Trindle Station Phase II city Mechanicsburg State PA Zip 17055 Owner of Public Record Trindle Station LLC county Cumberland Legal Description Lot 112,Trindle Station Phase II " Assessor's Parcel A Unknown Tax Year R.E.Taxes S Nei hborhood Name Trindle Station Map Reference Census Tract Pro Pi hlsA raised X Fee Sim le Leasehold Other describe M research ndid IX did not reveal any Nor sales or transfers of the subject property for the three years Prior to the effective date of this appraisal. PriorSale/Transfer: Dale NA Price Source(s) Analysis of prior sale or transfer history of the subject property(and comparable sales,if applicable) Research did not reveal any prior sale(s) or transfers of the subject property for the three years prior to the effective date of this appraisal. Research did not reveal any prior sales or transfer(s) of the comparable sales for the year prior to the date of sale stated on this report. Offerings,options and contracts as of the effective date of the appraisal The appraiser has no knowledge of any offerings,options or contracts regarding the subject property as of the effective date of this appraisal. Neighborhood Characteristics One-Un it Housing Trends One-Unit Housing Present Land Use% Location QUrban X Suburban Rural Property Values L J increa-sinci X Stable Declining PRICE AGE One-Unit 50% Buik-U Over 75%JXJ25-75% Under 25% Demand/Supply IShDrtage X In Balance Over Su t $(222) (yrs) 2.4 Unit 5% Growth U Rapid 1XJStable Slow I MarketinQ Time I Under 3 mths X 3.6 mths I l0ver6niths 125 Low New Multi-Family % • Neighborhood Boundaries The subject property is located in Monroe Township which is considered 500 High 100 Commercial 5% to be the boundary of the neighborhood. 200-400 Pred. 0-40 Other Vacant 40% Neighborhood Description This suburban neighborhood has most public utilities available relatively easy access to employment centers and services and is competitive with other neighborhoods in the market area. Most have similar amentities. Market activity indicates average or better acceptance in the market place. No unfavorable factors were observed which would adversely affect marketability Market Conations(including support forthe above conclusions) Market conditions in the neighborhood have been stable with marketing times typically under 120 days. Property values have been level in recent years. Supply and demand are generally in balance. Sales concessions in the form of assistance with buyers'closing costs are fairly commonplace at this time. Dimensions See Legal Description Area 1.11 acre Shape Long and narrow view Average S clffc tonin Classification R-1 Suburban Res ZoningDescription Prima permitted use is detached single-family residential Zonin Com fiance X Le al n Le al Nonconforming Grandfathered Use E3 No Zoning Illegal(describe) Highest and best use of the subject property Develop with a detached single-family residential dwelling. This is a Hypothetical Condition since much of the site has been converted to a drainage basin. Utilities Public Other describe) Public Other describe Off-site Improvements—Type Public Private Electricity water Street Paved asphalt X Gas Sanitar Sewer AlleyLi Li FEMA Special Flood Hazard Area Yes X No FEMA Flood Zone X FEMA map a 42041 CO259 E FEMA Map Date 3/16/2009 Site Comments Prior to installation of a large and deep drainage swale this site could have accomodated one detached single-family residential dwelling similar to others recentiv constructed in the subject development. It had functional shape,to o ra h ,and frontage for residential development.. Because of the swale the site no Ion er has appeal as a residential buildino lot. ITEM SUBJECT COMPARABLE NO.1 COMPARABLE NO.2 COMPARABLE NO.3 Address Lot 112,Trindle Station,Phase II 812 Tamanini Way 814 Tamanini Way 815 Tamanini Way Mechanicsburo Mechanicsburg Mechanicsburg Mechanicsburg Proximity tosubject Same Development Same Development Same Development Sales Price s E 100 000s 100 000 s 100,000 Prices/Site 100000 100000 Data Source Assessment records Assessment records Assessment records Date of Sale and DESCRIPTION DESCRIPTION (-)Adjust. DESCRIPTION .(-)Adjust. DESCRIPTION .(-)Adjust. Time Adjustment 12/21/2012 12/21/2012 12/18/2012 Location Suburban/Good Suburban/Good Suburban/Good Suburban/Good Site[view 1.11 acre/Average 0.26 acre/Ave +10,000 0.26 acre/Ave +10,000 0.28 acre/Ave +10,000 Sales or Financing Cash equivalent Cash equivalent Cash equivalent Concessions None known None known None known Net Adj.(Total) X + s 10,000 X . s 10 000 s 10 000 Indicated Value NetAdj. 10.0% Net Adj. 10.0% NetAlj.+ 0.0% of Su'ect Gmss 10.0% $ 110,000 Gmss . 10.0%1$ 110000 Gross 0.0% $ 110,000 Summary of Sales Comparrison Approach See Attached Addendum • This appraisal is made "alis, subject to the following:See Attached Addendum • Based on the scope ofwork,assumptions,limiting conditions and appraiser's certification,my(our)opinion of the defined value of the real property that is the Subject ofthis report is$ 110,000 asof April 16,2013 ,which isthe effective date ofthis appraisal. ftd—d iakg AO mftw .600 231 87 27 xwa.adwb.mm ThsbmDapyo 02005.2010 ACI D'ni§m d60 CWim Smuts.xc..AM Re.Ps RL—d, spar Pag01 d 3 gPAR I�Om ral Pu pose Apo a RLA D 10005252010 +.. Mark Heckman Real Estate Appraisers ry Mark Heckman Real Estate Appraisers Land Appraisal Report File No. Lot 112 Tamanini Wa ITEM SUBJECT COMPAR;NO. COMPARABLE NO.5 COMPARABLE NO.6 Address Lot 112,Trindle Station,Phase 11 820 Tamanini 833 Tamanini Way 838 Tamanini Way Mechanicsbur MechanicsburMechanicsburProxim' tosu'ea Same Develo Same Develo ment Same Develo ment Sales Price S ,000 S100,000100,000 P icefl Site 000 100000 100000 Data Source Assessment records Assessment records Assessment records Date of Sale and DESCRIPTION DESCRIPTION .(-)Adjust. DESCRIPTION +(-)Adjust. DESCRIPTION .(-)Adjust. Time AdluStmem 8/20/2012 12/26/2012 8/28/2012 Location Suburban/Good Suburban/Good Suburban/Good Suburban/Good ShelView 1.11 acre/Average 0.27 acre +10,000 0.29 acre +10,000 0.26 acre +10,000 Sales or Financing Cash equivalent FNone ivalent Cash equivalent Concessions None known wn None known Net Ad'.(Total) X + E 10 000S 10 000 X + f 10 000 Indicated Value Net Ad). 10.0% 10.0% Net Adj. 10.0%Gross 10.0% s 110000 10.0% S 110 000 Gross 10.0% S 110 000 Summary of Sales Companison Approach ITEM SUBJECT COMPARABLE NO.7 COMPARABLE NO.8 COMPARABLE NO.9 Address Lot 112,Trindle Station,Phase II Mechaniesburct Proximity to subject Sales Price $ $ S Is Prices/ Site Data Source Date of Sale and DESCRIPTION DESCRIPTION «(-)Adjust. 1 DESCRIPTION (-)Adjust. DESCRIPTION (-)Adjust. Time Adjustment Location Suburban/Good Site(View 1.11 acre/Average Sales or Financing Concessions Net Al.(Total) + Is S E Indicated Value NetAdj. % Net Adj. % Net A4. % of Subject Gross . % E Cross . %1S GrossAl._ E Summary of Sales Comparison Approach PrOUM usiig An mawam.BJ0.2348727 nv wmab.mm TKs I—Capy,q.O20p5.2010 ACI Omiw;d 150 Cbim 5mims.bc.All Rji Pow,ed. spar M AABiluna Compamdcs (y PAR )GcnIXal Pu po a qpp a5al Reppa 05 2010 OPARIANO 1005152010 Mark Heckman Reaf Estate Appraisers Land Appraisal Report File No. Lot 112 Tamanini Wa Scope of Work,Assumptions and Limiting Conditions Scope of work is defined in the Uniform Standards of Professional Appraisal Practice as"the type and extent of research and analyses in an assignment."In short.scope of work is simply what the appraiser did and did not do during the course of the assignment.It includes,but is not limitedto:the extent to which the property is identified and inspected,the type and extent of data researched.the type and extent ofanalyses applied to arrive at opinions or conclusions. The scope of this appraisal and ensuing discussion in this report are specific to the needs of the client,other identified intended users and to the intended use of the report.This report was prepared for the sole and exclusive use of the client and other identified intended users for the identified intended use and its use by any other parties is prohibited.The appraiser is not responsible for unauthorized use of the report. The appraiser's certification appearing in this appraisal report is subject to the following conditions and to such other specific conditions as are set forth by the appraiser in the report.All extraordinary assumptions and hypothetical conditions are stated in the report and might have affected the assignment results. 1.The appraiser assumes no responsibility for matters of a legal nature affecting the property appraised or title thereto,nor does the appraiser render any opinion as to the tide.which is assumed to be good and marketable.The property is appraised as though under responsible ownership. 2.Any sketch in this report may show approximate dimensions and is included only to assist the reader in visualizing the property.The appraiser has made no survey of the property. prewhe app aisertis not required to give testimony or appear in court because of having made the appraisal with reference to the property in question,unless arrangements have been 4.Neither all,nor any part of the contem of this report,copy or other media thereof(including conclusions as to the property value,the identity of the appraiser,professional designations, or the firm with which the appraiser is connected),shall be used for any purposes by anyone but the client and other intended users as identified in this report,nor shall it be conveyed by anyone to the public through advertising,public relations,news,sales,or other media,without the written consent of the appraiser. 5.The appraiser will not disclose the contents of this appraisal report unless required by applicable law of as specified in the Uniform Standards of Professional Appraisal Practice. 6.Information,estimates,and opinions furnished to the appraiser,and contained in the report,were obtained from sources considered reliable and believed to be true and correct. However,no responsibility for accuracy of such items furnished to the appraiser is assumed by the appraiser. 7.The appraiser assumes that there are no hidden or unapparent conditions of the property,subsoil,or structures,which would render it more or less valuable.The appraiser assumes no responsibility for such conditions,or for engineering or testing,which might be required to discover such factors.This appraisal is not an environmental assessment of the property and should not be considered as such. 8.This appraisal report should riot be used to disclose the condition of the property as it relates to the presencelabsence of defects.The client is invited and encouraged to employ qualified experts to inspect and address areas of concent.If negative conditions are discovered,the opinion of value may be affected. 9.Appraisals involving hypothetical conditions related to completion of new construction,repairs or alteration are based on the assumption that such completion.alteration or repairs will be competently performed. Additional Comments Related To Scope Of Work,Assumptions and Limiting Conditions N` ,!� Pr0&LM VA0SCft re®10.2 5727—a—b— T*I—Cw kp 7Ip5.7010ACI OV imd ISOWan,S-n—Inc.M RiggsR d .""V��"I Pagc 2 d 3 tgPAR^")Gcrinal PurPox Appfah&le 05/7010 ,l<•,°/'^ GPARUND_100575M10 Mark Heckman Real Estate Appraisers Land Appraisal Report File No. Lot 112 Tamanini Wa Appraiser's Certification The appraiser(s)certifies that,to the best of the appraisers knowledge and belief: 1.The statements of fad contained in this report are true and correct. 2.The reported analyses,opinions,and conclusions are limited only by the reported assumptions and limiting conditions and are the appraiser's personal,impartial,and unbiased professional analyses,opinions,and conclusions. 3.Unless otherwise stated,the appraiser has no present or prospective interest in the property that is the subject of this report and has no personal interest with respect to the parties involved. 4.The appraiser has no bias with respect to the property that is the subject of this report or to the parties involved with this assignment. 5.The appraiser's engagement in this assignment was not contingent upon developing or reporting predetermined results. 6.The appraiser's compensation for completing this assignment is not contingent upon the development or reporting of a predetermined value or direction in value that favors the cause of the client,the amount of the value opinion,the attainment of a stipulated result,or the occurrence of a subsequent event directly related to the intended use of this appraisal. 7.The appraiser's analyses•opinions,and conclusions were developed,and this report has been prepared,in conformity with the Uniform Standards of Professional Appraisal Practice, 8.Unless otherwise noted,the appraiser has made a personal inspection of the property that is the subject of this report. 9.Unless noted below,no one provided significant real property appraisal assistance to the appraiser signing this certification.Significant real property appraisal assistance provided by: Additional Certifications: Definition of Value: ©Market Value QOtherValue: Source of Definition: The operative definition is from regulations published by federal regulatory agencies pursuant to Title XI of the Financial Institutions Reform,Recovery and Enforcement Act(FIRREA)of 1989 between July 5,1990,and August 24,1990,by the Federal Reserve System(FRS),National Credit Union Administration(NCUA),Federal Deposit Insurance Corporation(FDIC),the Office of Thrift Supervision(OTS),and the Office of Comptroller of the Currency(OCC). This definition is also referenced in regulations jointly published by the OCC,OTS,FRS,and FDIC on June 7,1994,and in the Interagency Appraisal and Evaluation Guidelines,dated October 27,1994. The definition is also provided as an example definition of Market Value in Advisory Opinion 22 of the 2008-2009 edition of the Appraisal Standards Board's Uniform Standards of Professional Appraisal Practice(Washington,DC:the Appraisal Foundation). ADDRESS OF THE PROPERTY APPRAISED: Lot 112,Trindle Station,Phase II Mechanicsburg,PA 17055 EFFECTIVE DATE OF THE APPRAISAL:April 16,2013 APPRAISED VALUE OF THE SUBJECT PROPERTY S 110,000 APPRAISER �} SUPERVISORY APPRAISER Signature: L// Signature: Name: la�WHec!kan,Certified General Appraiser Name: State certification s GA-000666-L State Certification If or License d or License d or Other(describe): State if: State: State: PA Expiration Date of Certification or License: Expiration Date of Certification or License: June 30,2015 Date of Signature: Date of Signature and Report: 05/14/2013 Date of Property Viewing: Date of Property Viewing: 04/16/2013 Degree of property viewing: Degree of property viewing: ❑Did personally view Q Did not personally view ©Did personally view Q Did not personally view eodu dasuyAasunware.e0oz>rernw,.,,.a<;— msr—coM0-los-pro aao�;.wnaISO cwmS�.ft.MRiosa—b. ar v Page 3 el 3 PAR^')General Purpose App agallRRepo005npi0 Mark Heckman Real Estate Appraisers Gr ,, ADDENDUM Client: Frank Tamanini Property Address- Lot 112 Tdndle Station Phase II File No.: Lot 112 Tamanini Way City Mechanicsburg Case No State: PA Zip: 17055 Comments on Sales Comparison After a thorough search of all available market data,the six sales used are considered to be the best indicators of value. Appropriate adjustments have been made for all differences. All six sales are considered to be reliable indicators of value,and are weighted similarly in the final reconciliation. Comparable sales used are closed sales. All six comparable sales are located in the same market area as the subject,and would be considered by the same prospective purchaser if all were on the market at the same time as the subject. Because of the irregular shape of the subject site,it has considerable surplus land toward the rear of the parcel. Therefore, even though it is much larger than any of the comparables,only a moderate adjustment is warranted. Conditions of Appraisal This appraisal makes the hypothetical assumption that the subject site is a viable single-family residential building lot as it had been before installation of a large and deep drainage swale. This appraisal values the lot as the building lot it had been before the swale was dug through the center of this parcel. Since this swale now exists,the subject site in reality is no longer a viable building lot. THIS APPRAISAL REPORT IS AN INTEGRAL PART OF THE LETTER OF TRANSMITTAL WHICH ACCOMPANIES IT. THE LETTER OF TRANSMITTAL MUST REMAIN WITH THIS APPRAISAL REPORT IN ORDER FOR THE APPRAISAL TO BE PROPERLY UNDERSTOOD. WITHOUT THE LETTER OF TRANSMITTAL THE APPRAISAL IS NULL AND VOID. i Addendan Page 1 of 1 Mark Heckman Real Estate Appraisers Client: Frank Tamanini File No.: Lot 112 Tamanini Way PropeftV AddfeSs:Lot 112 Trindle Station Phase II Case NO Gd Mecharncsbur Slate:PA ZI :17055 Drainage Swale on Lot 112 lt, r Drainage Swale on Lot 112 r Drainage Swale on Lot 112 j, 4r. Pf.U0Amy ACI:vAwae.800.23/8/21 wnv,.ji b.cdn PD 101=10 Client: Frank Tamanini Mark Heckman Real Estate Appraisers File Property Address:Lot 112 No.: Lot 112 Tamanini Way Trindle Station,Phase II PA Case No C rt Mecharncsbur State: Zi :17055 Drainage Swale on Lot 112 { Typical Newly Built House in Trindle Station Development a 4. Typical Newly Built House in Trindle Station Development i ^a RodxN ming ACI SOQw 800.231!711 wxx.eua!E.cnn PHT3IOIM 10 Client: Fnk Tamanini Mark Heckman Real Estate Appraisers ra Property Address:Lot 112 Trindle Station,Phase II File No.: Lot 112 Tamanini Way Ck MechanicsburgCase No State: PA Zip: 17055 Zt a d Wap.M - : V- . p_ '4 tits ` , PH(717)774-7202 FAX(717)774-0383 EMAIL heckmanappraisers@comcast.net Client: Frank Tamanini Mark Heckman Real Estate Appraisers Property AddreSS•Lot 112 Trindle Station Phase II File NO.: Lot 172 Tamanini Way t,t[ Mechanicsbur Case No State:PA Zi :17055 3SVHd- I zu FOl i 4 .I1" s 4- _- i � r r i C3 I 1 { t "•{ 9 PH(717)774-7202 FAX(717)774-0383 EMAIL heckmanappraisers@comcast.net Mark Heckman Real Estate Appraisers Client: Fr-ankTamanini 0 r Lot 11 File NO.: LFOt112Tamar1:iniWaTy Property AddreSS:Lot 112,T�rindle Station,Phas�ell M Client:Mechanicsoirg Use No.: ---f[D:17055 PA 5 FF LLV IS IU, L--j- (710 All t. -4- t CO 7 I77 t-,M & . ......... PH 7202 FAX(717)774-0383 EMAIL heckmanappraisers@comcast.net ClieMark Heckman Real Estate Appraisers nt: Frank Tamanini Property Address:Lot 112 Trindle Station,Phase II file NO.: Lot 117055 2 Tamanini Wa l,lt Mechanresbur Case NO 7055 State: PA Zi : mani FF Mark Heckman Real Estate Appraisers 1309 Rridgc Strect,Nevv Cumbcdand,Ila 17070 "�a�s',hcckms;n aPnr:ti sEi�,�4tt1 MARK W. IIECKMAN ,AI'PRAISAL or,AE,f- TCAT'IONS Services Provided: • kr�sl eaate appraisal asci eonsnitin�for all types of rc:il prr? Mark Heckman Real Estate Appraisers Client: Frank Tamanini Properly Address:Lot 112 Trindle Station,Phase It File No.: Lot 112 Tamanini Way Cit Mechaniesbirg Case No State: PA ZiP: 17055 Education: JohrrS Mnrkins Univro'sily, 1301111110,-e.'J'11).�lasrer of Science in Ileal Estate Yri+Qi ort ("HIN.Cs taken: t•rhan Fc onomics:Real Estatc Lntcrpri;e:lural Listate Atlaivsis Alhrighl College.Hearlitt,g, 11A. (B.AA} 1974 Pennsylvania State Grlirersin.Master of Public Admintsnatia11. 1<41 Appraisal In ctitule Appraising Convenience$tr,rrs Appraising tilkcial-Yuti?usr Propertit s Business Practices and Lihics Evaluating Commercial Consnttctiot Rc3t k:aate.Appratsai Yrincip!es Real Fitate Fast:nlrat ValuatiQll Real Fstnte Finance,Valu(';111(1111%k ctnicn'N Performance Residential Valuation Self Storage Ecutlowics Standards of Professional i'rac'tice Subdivision Analvsis The Discoutncii Cash pkat NIodel:Concepts,issues,and Applications tlnderstandin�l.imitcA Apprni..tls ;t?cuTlrurd Asscu;iaUvtt cf Apprui.u;•ro Advauced Office BuildrnL.Analysis Appraising Cbrtntercial and Industrial Prvpcxtics Acquisition/Right-of Way Appr iking Cnn+mcrc•ial and lndustri:il Real Estate Agrecinenti Commercial ural fhztp,al\ Tax,As,c>sment Apj.wA is National USPAP Standards of Yraclice A, Etlticc> Additional Cotusework: A'Closcr Look at Honx Constttictic,ti Appraisal Review Appraising for FI4A Insured Vans Cflmmercial Real Estate Financing C:vuntywidc Rcassessments.Pennsylvania Bar In:titutr. Environmental Risk P4atssgrnlcttt fizpert Witness and Tax Appeals Nnrrntive Report Writing; Real Fifa€c De elopntrnt front Beginning to I:nd Rcsidttntinl Col''Afruchon Zohing and Land Use in Pent..,h ane: PFi71?77.1.7_111 r:1X'7!777ai)�k3 I-Pt:1ft.!larkrtmnn,�;jyii�cr;rn:-tpenst,n_i Pa,-c y or 3 i i ,PH(717)774-7202 FAX(717)774-0383 EMAIL heckmanappraisers@comcast.net Mark Heckman R�Estate�Appraisersl Client: Frank Tamanini Pro ert Address:Lot 112 Trindle Station Phase II File No.: Lot 112 Tamanini Wa Cit :Mechanicsbur Case No.: Stale:PA ZI :17055 Cburt and Expert Witness Testinxntr: United States Ba(tkruptCy Court cMiddte Di,Uicl),liarrishurg.P.\ lh3ited Statcc l7islriCt Cvu11.hlarrisbur):.PA Brtard,of Assessment Aplx:aN:Cumberland.Dauphin,and York Counties Briards of View:Curt3herland,t)auphi, and York C�untiei CuurY of"Common Plw2s:C"untherLtnd.Dauphin.1-ancaster.and York Counties Various municipal planning.ind wn;n s,rrnmiseions.and hcarin hoards PA State Board o2 C'erliticd Rc;tl L:state Appraisers Partial Client hist: 17f)rurcial Insrifuliolls Gorcrrrrrrenr; Helen perteral Credit I ininn I t_S Departn>ent of 11.17 1) Bank of I.ehanon County U.S.Small Susinrss!\dn)iniserittian F:rm3erc I"Bank South fast Fcononlic rX ve-ICT13tent Co.of PA Fsntkn national Bank of 1 tw%-111c. C'wmckn3µ^r.31[h ur PennsvIvania Fir"Carita l Bank Borough of Frankhntnwn I'tnt horizon tivnic Lvan, 13011W13011W1101nttah of"dechl uic,t)uti ; FisN1 Nettional Rank„f hiarv:t iilc I1o!nti_is«f New C'umburLrnd First:National Batik L.rnvcr A11cn Municipal Aaihorit) Fnll+'n Rank Middlelown Aica$clwcd Last:ict (;rnyctonc Towel hank Northcm York Sc; Bank ),)"I r>stria s IntIntegrityHgrit Natu?nall3ank Susquel)ann:t Township Jo1w,10N n f3zmk&'1'1 tint Susquehanna TWp Schtxs;DiottiCt Lepicy Rank Upper Alien Township \•1&T Bank 1-temtxars I"Federal Crr(lir I'nicm Relneemnn 6),11panies: Vteti,Jl(c Horne Umns C;Ad Aell Banker Rclocatios3('o. Alctro,biutk Natio nwidc Rc)uratit:sn Cts. Mid Pcm)Bank Prildentiai kckxation Co. Mf id eu Business Capital Rc'tcl:,tx Relocation Co. Govefrnmenl: Valuation Admini+tntusrs Nativm t City Hank of penn,vh aili:, OrNown Liank' IANC Bank Sovereign Bank Susquehanna Bank 71'773-7711_ FAX;1777d-n2$i F.NiAlt.F±(-).AniaiK+1latAitrr.t�+�t`tniaU.nCt i Pn2r 3 of t PH(717)774-7202 FAX(717)774-0383 EMAIL heckmanappraisers@comcast.net I I . I i i i i i I II l 1 ITX X, H I I I I I i COPY SPRINGFIELD CONTRACTORS,: IN THE COURT OF COMMON PLEAS INC. , CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF . NO. 2012-2354 V CIVIL ACTION - LAW TRINDLE STATION, LLC, DEFENDANT . DEPOSITION OF: MATTHEW EYSTER TAKEN BY: TRINDLE STATION, LLC BEFORE: TAMMY J. BAKER, REPORTER NOTARY PUBLIC DATE: OCTOBER 9, 2013, 10 : 05 A.M. PLACE: OBERMAYER, REBMANN, MAXWELL & HIPPEL, LLP 200 LOCUST STREET HARRISBURG, PENNSYLVANIA APPEARANCES: KATHERMAN, HEIM & PERRY BY: LARRY C. HEIM, ESQUIRE FOR - SPRINGFIELD CONTRACTORS, INC. OBERMAYER, REBMANN, MAXWELL & HIPPEL, LLC BY: PAIGE MACDONALD-MATTHES, ESQUIRE FOR - TRINDLE STATION, LLC E HI IT ALSO PRESENT: FRANK TAMANINI Hughes, Albright, Foltz & Natalc Reporting Service, Inc. 3540 N. Progress Avenue • Suite 207-A • 1-1-11-1'isburu. PA 171 10 717-5=40-0220 • Fax 7.1 7-5 40-02-' 1 MATTHEW EYSTER Multi-PageTM OCTOBER 9, 2013 Page 110 Page 112 1 A.He has what he directed us to do. 1 owner's expenses and compensation for engineer's 2 Q.Your testimony. But nothing in writing and no 2 services made necessary thereby from the payment then or 3 signed change orders,correct? 3 thereafter due the contractor? 4 A.Yes. 4 A.Yes. 5 Q.And not withstanding the fact it was your 5 Q.And you've already agreed with me that you 6 .superintendent who was given two separate inspection 6 deviated from this contract document,right? 7 notices saying you, Springfield Contractors,was 7 A.Yes. 8 proceeding at your own risk? 8 Q.And you further have agreed with me that you have 9 A.Yes, the inspector that we asked to come out told 9 nothing that constitutes a modification as that term is 10 us that. 10 defined by this contract? 11 Q.And an inspector-- an inspection report that you 11 A.Yes. 12 had no subsequent discussions with Mr. Tamanini as the 12 Q.So you would agree with me,would you not,that 13 owner about, correct? 13 my client has the right to offset his costs against the 14 A.Frank was aware of what was going on. 14 monies to be due and owing by your change? 15 Q.You testified earlier that you didn't have any 15 MR.HEIM: Objection. That is the ultimate 16 discussions with him about either inspection report one 16 question for the Court and I object to the form of the 17 or two? 17 question. 18 A.I didn't have inspection report one or two at the 18 MS.MACDONALD-MATrHES: Are you instructing 19 time of the work,but we had discussions with Frank 19 him not to answer? 20 about what was going on. 20 MR.HEIM: Yes,I am. 21 Q.Okay. But you didn't receive an instruction from 21 MS.MACDONALD-MATMES: Please certify that. 22 --you didn't give your superintendent an instruction to 22 I think that's all the questions I have. I just want to 23 stop work, did you? 23 take a moment to make sure he doesn't have anything 24 A.I did not. 24 else. 25 .Q.And you received nothing in writing from Mr. 25 MR.HEIM: To review quick,you requested a Page 111 Page 113 1 Tamanini in response to either the first inspection . 1 copy of the liability policies that might afford 2 report or the second inspection report to stop --or to 2 coverage and additional change plans other than the one 3 continue work,did you? 3 produced today. That's all I have, anything else? 4 A.No. At that point I didn't even have the 4 MS.MACDONALD-MATTHES: Yes. I don't think 5 inspection reports from the township. 5 I had anything else. 6 Q.If you would--would you agree with me that 6 MR.HEIM: Do you want me to find out the 7 prior to the deviation,that Springfield Contractors was 7 disposition of the fried drive, his hard drive that was 8 paid for all work? 8 fried? 9 A.While not always timely,yes. 9 MS.MACDONALD-MATTHES: Yes, thank you. 10 Q.Is the answer to my question simply yes,you were 10 (Break taken from 1:31 p.m. until 1:37 p.m.) 11 paid for all work prior to the deviation? 11 MS.MACDONALD-MATTHES: Okay. Mr. Eyster, 12 A.I said yes. 12 those are all the questions I have. Thank you very much 13 Q.And what was the date that the work was to be 13 for coming in today. 14 completed? 14 (Whereupon,the deposition was concluded at 15 A.I'm not sure. 15 1:37 p.m.) 16 Q.If you would turn your attention back to the 16 17 contract document which we've marked as Eyster 6. 17 18 A.Okay. Which portion? 18 19 Q.Section 8.3. 19 20 A.Okay. 20 21 Q.Would you agree with me that pursuant to this 21 22 Section 8.3 that if you default or neglect to carry out 22 23 the work in accordance with the contract documents,that 23 24 the owner has the right to correct the deficiencies and 24 25 deduct the reasonable costs thereof, including the 25 Page 110 - Page 113 rTr TllTr��[� •i T11i/ITTT TAT T7 O_ AT A T AT 10 01U1D/1D 7`iATl= 71'7_GA/1_A7�I/I i I i I I i I I I i I EXHIBIT I i I I i i I I l I I { i I I S SPRINGFIELD CONTRACTORS, IN THE COURT OF COMMON PLEAS INC. , DAUPHIN COUNTY, PENNSYLVANIA PLAINTIFF V. NO. 2012-2354 TRINDLE STATION, LLC, DEFENDANT CIVIL ACTION — LAS�nT' DEPOSITION. OF: RODNEY L. KREBS TAKEN BY: DEFENDANT BEFORE: JEAN M. DAVIS, REPORTER NOTARY PUBLIC i DATE: NOVEMBER 9, 2012 10:25 A.M. PLACE: SERRATELLI, SCHIFFMAN & BROWN, P.C. 2080 LINGLESTOWN ROAD HARRISBURG, PENNSYLVANIA APPEARANCES: LAW OFFICE OF SARAH E. BUHITE BY: SARAH E. BUHITE, ESQUIRE 149 EAST MARKET STREET YORK, PENNSYLVANIA 17401 717..843.1639 FOR — PLAINTIFF SERRATELLI, SCHIFFMAN & BROWN, P.C. BY: PAIGE MACDONALD—MATTHES, ESQUIRE 2080 LINGLESTOWN ROAD HARRISBURG, PENNSYLVANIA 17110 . 717.540. 9170 FOR —DEFENDANT ALSO IN ATTENDANCE: FRANK TAMANINI, MATTHEW W. EYSTER JEAN DAVIS REPORTING _ 285 EAST MANSION ROAD - . HERSHEY, PA 17033 EXHI (717)50.3-6568 1 Q. And so when I asked you earlier, did your 2 employees go forward and implement the changes without 3 Township approval and you said, no, do you want to change 4 your answer now? 5 A. I don't remember saying that. 6 Q. You did. So do you want to correct your 7 testimony? 8 A. They did it without Township approval. 9 Q'. All right. Did you have discussions with the 10 project engineer for Trindle Station, which was Alpha 11. Engineering? 12 A', I did. 13 Q'. When did you have discussions with the project 14 engineer? 15 A. I think it was right after I gave him my 16 suggestions on the profile for the storm sewer. 17 Q. When you say gave him, who is hien? 18 A. Rick with Alpha Engineering. 19 Q. Where did this meeting take place? 20 A. Their office, I think. I'm pretty sure it was. 21 Q; When? 22 A. I don' t know the date. 23 Q. Was it in the month of August of 2011, was it in 24 the month of June 2011, or was it in .the month of May of 25 2011? 116 KATHERMAN, HEIM & PERRY L.C. Heim, Esquire Attorney I.D. 23155 345 East Market Street York, PA 17403 717-854-5124 Telephone Email: lc@khlaw.us Attorneys for Defendant, Springfield Contractors, Inc. TRINDLE STATION, LLC PLAINTIFF, V. SPRINGFIELD CONTRACTORS, INC., DEFENDANT. 2311/ ft 20 PENNS YL VNIACUNT/ . IN THE COURT OF COMMON PLEAS . CUMBERLAND COUNTY, PENNSYLVANIA : DOCKET No.: 2014-2861 ACCEPTANCE OF SERVICE I accept service of the Complaint in the above captioned action on behalf of Defendant, Springfield Contractors, Inc., and certify that as their counsel I am authorized to do so. Date 5/Islld 4825687 Respectfully submitted, KATHEAN, HEIM & PERRY Heim, Esquire orney I.D. 23155 45 East Market Street York, PA 17403 717-854-5124 Telephone Email: lc@khlaw.us Attorneys for Defendant, Springfield Contractors, Inc. L. C. Heim KATHERMAN, HEIM & PERRY Attorney I.D. No. 23155 345 East Market Street York, PA 17403 (717) 854 -5124 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TRINDLE STATION, LLC Plaintiff VS. Civil Action 14-016(0 SPRINGFIELD CONTRACTORS, INC. Defendant JURY TRIAL DEMANDED PRELIMINARY OBJECTIONS Defendant, Springfield Contractors, Inc., by its undersigned counsel, preliminary objects to plaintiffs complaint as follows: I. Agreement for Alternative Dispute Resolution under Pa.R.C.P. 1028(a)(6) Motion to Dismiss 1. The contract signed by parties and attached as Exhibit A to the complaint, contains the following provision: §5.1 BINDING DISPUTE RESOLUTION. For any claim subject to, but not resolved by, mediation pursuant to Section 21.3, the method of binding dispute resolution shall be as follows: [X] Arbitration pursuant to section 21.4 of this Agreement... 2. Plaintiff has not submitted the matter to either mediation or to arbitration as required by the agreement. 3. This Court lacks subject matter jurisdiction because of the agreement of the parties to submit to arbitration. WHEREFORE, defendant requests the Court to dismiss the complaint. II. Pendency of Prior Action Pa.R.C.P. 1028(a)(6) Motion to Stay (in the alternative) 4. Plaintiff is the defendant in a Mechanic's Lien action filed by the plaintiff on April 16, 2012, docketed to No. 2012 -ML -2345 MLD (herein "prior pending action "). 5. Plaintiff herein initially filed as part of its new matter in the prior pending action a counterclaim that was subsequently dismissed by Order of this Court, as not permitted by statute. 6. Subsequently defendant filed an Amended New Matter seeking a set off of 100% of the claimed lien. 7. As in this case, plaintiff raised the same argument that defendant was a subcontractor, not a contractor, in preliminary objections in the prior pending action which argument was dismissed by this Court. 8. In asserting the defense of lis pendens it must show that the case is the same, the parties the same, and the rights asserted and relief prayed for the same. Norristown Automobile Co, Inc. v. Hand, 386 Pa. Super. 269, 562 A. 2d 902(1989). 9. The breach of contract alleged in this action is based upon the same contract the same parties and the same facts alleged by plaintiff in the pleadings in the prior pending action. 10. Since the plaintiff in this action now requests a judgment in excess of the amount of the Mechanic's Lien, the only difference between the actions the amount of the claimed liability of defendant. 11 The court need not sanction the duplication of effort and waste of judicial resources that would result from allowing both cases to proceed simultaneously, in a race to judgment. Singer v. Dong Sup Cha, M.D., supra, 379 Pa.Super. at 560, 550 A.2d at 793 (quoting Klein v. City of Philadelphia, supra, 77 Pa.Cmwlth. at 259, 465 A.2d at 731). 12. Instead of dismissing this suit, as in a lis pendens defense, the Court has the inherent equitable power to stay the proceedings in the second suit during the pendency of the prior suit. Singer, supra, Hand, supra. 13. If it is determined in the prior pending action that plaintiff herein is entitled to no set off, or a set off less than the full amount of the Mechanics' Lien claim in the prior pending action, it would be the end of this case. 14. If it is determined in the prior pending action that the plaintiff herein is entitled to a 100% set off, then this action (or more appropriately an arbitration) could proceed to determine the amount to which plaintiff is entitled in excess of the defendant's Mechanic's Lien claim. WHEREFORE, defendant requests the Court to stay this action until the conclusion of the prior pending action III. Failure to Conform to Law or Rule of Court Pa.R.C.P. 1028(a)(2) Motion to Strike 15. Pa.R.C.P. 1019(a) requires of complaints that "...the material facts on which a cause of action...is based shall be stated in a concise and summary form." 16. In violation of that Rule plaintiff filed a complaint that is three quarters of an inch thick, made so by the attachment of more than the agreement (which is required by Pa.R.C.P. No. 1019(i)), including statements (Exhibit C), a business entity filing (Exhibit D), applications and certificates for payments (Exhibit E), parts of a deposition (Exhibit F) , more applications and certificates for payments (Exhibit G), change order (Exhibit H), more applications for certificates for payment (Exhibits I and J), and email (Exhibit K), daily inspection reports with drawings and photographs (Exhibits L and M), more applications and certificates for payments (Exhibit N), and invoice (Exhibit 0), letters (Exhibits P, Q and R), parts of a second deposition (Exhibit S), another email (Exhibit T), revisions to a plan (Exhibit U), another email (Exhibit V), a real estate appraisals (Exhibit W), and parts of two more depositions (Exhibits X and Y). 17. Allowing the pleading of purely evidentiary matters or matters which are the proper subject of discovery would be to emasculate Rule 1019(a), See Pike County Hotels Corp v. Kiefer 262 Pa.Super 126, 396 A,2d 677 (1978), and cause an undue burden upon the Prothonotary in storing and maintaining files. WHEREFORE, the complaint of the plaintiff should be stricken. KATHERMAN, HEIM & PERR by: C. Heim Attorney for Defendant CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the foregoing was served upon the following person on this date by depositing a copy of same in the United States mail, postage prepaid, addressed as follows: Paige Macdonald - Matthes, Esq. Obermayer Rebmann Maxwell& Hippel LLP Suite 400 200 Locust Street Harrisburg, PA 17101 -1508 DATE: May 28, 2014 C. Heim 345 East Market Street York, PA 17403 (717) 854 -5124 t OBERMAYER REBMANN MAXWELL & HIPPEL, LLP Paige Macdonald-Matthes, Esquire Supreme Court ID No. 66266 •- 200 Locust Street, Suite 400 ;UM 3 E R L A N D CC U Harrisburg, PA 17101 PENNSYLV/44-x, (717) 234-9730 Telephone (717) 234-9734 Facsimile Email.pmm(h�oberniayencont Attorneys for Plaintiff, Trindle Station, LLC TRINDLE STATION,LLC IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY,PENNSYLVANIA PLAINTIFF, DOCKET No.: 2014-2861 V. SPRINGFIELD CONTRACTORS,INC., DEFENDANT. PLAINTIFF'S REPLY IN OPPOSITION TO DEFENDANT SPRINGFIELD CONTRACTORS, INC.'S PRELIMINARY OBJECTIONS AND NOW, comes Plaintiff, Trindle Station, LLC (hereinafter"Plaintiff') by and through its counsel, Obermayer Rebmann Maxwell &Hippel, LLP, and files its Reply In Opposition to Defendant, Springfield Contractors, Inc. (hereinafter"Defendant") "Preliminary Objections" and support thereof avers as follows: I. REPLY IN OPPOSITION TO DEFENDANT'S FIRST PRELIMINARY OBJECTION UNDER Pa. R.Civ.P. 1028(a)(6) 1. The Contract attached as Exhibit "A"to Plaintiff's Complaint is a written document that speaks for itself. It is further denied that the section of the contract to which Defendant refers to in its First Preliminary Objection "governs jurisdiction of this matter". To the contrary, Section 15.5.3 of the contract provides that the following claims are not waived and are not subject to mediation as a condition precedent to binding dispute resolution: 4832910 I. liens, claims, security interests or encumbrances arising out of the Contract and unsettled; 2. failure of the Work to comply with the requirements of the Contract Documents; or 3. terms of special warranties required by the Contract Documents. Section 15.5.3. (Emphasis added). By way of further reply, as the Complaint sets forth an action in assumpsit on a contract, this Honorable Court has jurisdiction over the subject matter raised in the pleadings filed in this matter. Witney v. Lebanon City, 85 A.2d 106 (Pa. 1952). 2. Admitted in part and denied in part. It is admitted that Plaintiff has not submitted the matter to either mediation or to arbitration. The balance of the averments set forth in paragraph 2 of the Defendant's Preliminary Objections state incorrect conclusions of law to which no response is required. By way of further reply, as evidenced by the email from Defendant's counsel dated April 30, 2014 attached hereto as Exhibit "A" and as further evidenced by the letter from defense counsel dated May 1, 2014 attached hereto as Exhibit `B," Defendant has expressly waived the right to enforce Section 5.1 of the Contract. Finally and by way of further reply, by filing a preliminary objection based on Pa. R.Civ.P. 1028(a)(6) after Defendant has already disavowed any obligation to comply with Section 5.1 of the Contract, as evidenced by Exhibits "A" and `B" attached hereto, as well as evidenced by the Defendant's Praecipe to Withdraw Defendant's Motion to Stay Pending Arbitration filed with the Court on August 1, 2013 Docket no. 2012-ML-2354 MLD, Defense counsel has violated Pa. R.Civ.P. 1023.1(c)(1) which expressly provides in relevant part that "by signing, filing, submitting or later advocating such a document, the attorney certifies that, to the best of that person's knowledge information and belief, formed after an inquiry reasonable under the circumstances, the [preliminary objection] is not being presented for any improper purpose, such as to harass, or to 2 4832910 cause any unnecessary delay or needless increase in the cost of litigation." Finally and by way of further reply, in paragraphs 4-14, Defendant goes to great lengths to argue (albeit incorrectly) that the above captioned matter should either be dismissed or stayed under the defense of lis pendens. Assuming arguendo, that the arguments raised by Defendant in support of its Second Preliminary Objection have any legal merit (which Plaintiff does NOT concede), then Defendant has clearly waived any right to mediation or arbitration. If in fact the two matters re the same as Defendant argues in its Preliminary Objections then by virtue of its first filing a Complaint and then filing an Answer to the Defendant's New Matter and Counterclaim in the matter docketed at 2012-ML-2345 MD, Plaintiff has submitted itself and this case to the jurisdiction of this Honorable Court. See Goral v. Fox Ridge, Inc., 683 A.2d 931 (Pa. Super. 1996)). Finally, and by way of further reply, Pennsylvania Courts have routinely held that a party's acceptance of the regular channels of the judicial process can demonstrate its waiver of arbitration. See e.g., Smay v. E.R. Stuebner, Inc., 846 A.2d 1266, 1278 (Pa. Super. 2004) (stating the acceptance of judicial includes a party's failure to raise the arbitration issue promptly, a party's engagement in discovery, and party waiting until it receives adverse rulings on pretrial motions before raising arbitration). 3. Denied. The averments set forth in paragraph 3 of the Defendant's Preliminary Objection state incorrect conclusions of law to which no response is required. Finally, and by way of further reply, the Supreme Court of Pennsylvania has consistently held that an arbitration provision in a contract-irrespective of whether it is common law or statutory arbitration- does not affect the jurisdiction of the lower court. See University Square, Inc. v. Marhoerer, 180 A.2d 427 (Pa. 1962). See also, Central Contracting Company v. C.E. Youngdahl Company Inc., 209 A.2d 810, 817 (Pa. 1965). 3 4832910 WHEREFORE, Plaintiff, Trindle Station, LLC respectfully requests that this Honorable Court overrule Defendant's First Preliminary Objection, dismiss the Defendant's First Preliminary Objection with prejudice, and direct Defendant to file a proper Answer to Plaintiff s Complaint within twenty(20) days of this Honorable Court's Order. II. REPLY IN OPPOSITION TO DEFENDANT'S SECOND PRELIMINARY OBJECTION UNDER Pa. R.Civ.P. 1028(a)(6) 4. Admitted in part and denied in part. It is admitted only that Plaintiff is a named Defendant in a Mechanic's Lien action filed by Defendant, Springfield Contractors on April 16, 2012 at Docket No, 2012 ML-2345-MD. The balance of the averments set forth in paragraph 4 state incorrect conclusions of law to which no response is required. 5. Admitted only that Plaintiff herein initially filed as part of its New Matter in the Mechanic's Lien action a Counterclaim and that an Amended New Matter was filed following an Order of Court issued in a case at Docket no. 2012-ML-2345-MD. 6. Denied. The pleadings filed by the Parties in the case docketed at 2012 ML- 2345-MD are written documents that speak for themselves. 7. Denied. The pleadings filed by the Parties in the case docketed at 2012 ML- 2345-MD are written documents that speak for themselves. 8. The averments set forth in paragraph 8 state conclusions of law to which no response is required. By way of further reply, the rights asserted and the relief prayed for the Plaintiff in this case are not the same as the relief requested by the Parties in the case docketed to 2012 ML-2345-MD. Finally, it should be noted that the Superior court in the case cited by Defendant in support of its Second Preliminary Objection, to wit: Norristown Auto Co v. Hand, 562 A.2d 902 (Pa. Super. 1988) REVERSED the order of the trial court which had dismissed the 4 4832910 appellant's suit under the doctrine of lis pendens because the Court found that the rights asserted and the relief sought under the two actions differed. 9. The averments set forth in paragraph 9 of Defendant's Second Preliminary Objection state incorrect conclusions of law to which no response is required. 10. Denied. The pleadings filed by the Parties in the case docketed at 2012 ML- 2345-MD and the Complaint filed by the Plaintiff in the above captioned matter are written documents that speak for themselves. By way of further reply, a mere cursory review of the pleadings reveals that there are several differences between the two cases, including but not limited to, the fact that the prayers for relief are completely different thus precluding the Court from granting the relief requested by the Defendant in its Second Preliminary Objection to Plaintiff's Complaint. 11. The averments set forth in paragraph 11 state incorrect conclusions of law—not the least of which is the fact that Defendant has provided the Court with an incorrect citation for Singer v. Dong Sup Cha, M.D., and further has made improper reference to Singer as having been previously cited in the pleading(when in fact it was not)by the use of the term "supra." 12. The averments set forth in paragraph 12 of Defendant's Second Preliminary Objection state conclusions of law to which no response is required. By way of further reply, and as previously stated herein, the doctrine of lis pendens does not apply in this case because the third prong of the three pronged identity test cannot be met. 13. Denied. The averments set forth in paragraph 13 of the Defendant's Second Preliminary Objection state incorrect conclusions of law to which no response is required. 14. Denied. The averments set forth in paragraph 14 of the Defendant's Second Preliminary Objection state incorrect conclusions of law to which no response is required. 5 4832910 WHEREFORE, Plaintiff, Trindle Station, LLC respectfully requests that this Honorable Court overrule Defendant's Second Preliminary Objection, dismiss the Defendant's Second Preliminary Objection with prejudice, and direct Defendant to file a proper Answer to Plaintiff's Complaint within twenty(20) days of this Honorable Court's Order. III. REPLY IN OPPOSITION TO DEFENDANT'S THIRD PRELIMINARY OBJECTION UNDER Pa. R.Civ.P. 1028(a)(2) 15. The averments set forth in paragraph 15 of Defendant's Third Preliminary Objection state conclusions of law to which no response is required. In the event that it is later judicially determined that an answer is so required, Pa. R.Civ.P. 1019(i)provides "when any claim or defense is based upon a writing, the pleader shall attach a copy of the writing, or the material part thereof[to the pleading]" (which the Defendant itself concedes in paragraph 16 that Plaintiff was required to do). Plaintiff's Complaint is fully compliant with the Rules of Civil Procedure. 16. The Complaint filed in this matter is a written document, filed in compliance with the Rules of Civil Procedure that speaks for itself. 17. The averments set forth in paragraph 17 state incorrect conclusions of law to which no response is required. By way of further reply, the case cited by Defendant in paragraph 17 of its Preliminary Objection DOES NOT STAND FOR THE PROPOSITION FOR WHICH IT IS CITED. To the contrary, in reviewing whether the a demurrer filed to a negligence claim should be sustained, the Court in Pike was discussing what level of specificity was required in order to overcome a demurrer—NOT whether the plaintiff had included too much information. The Court held in Pike as follows: After considering appellants' complaint as a whole, we find that appellants have sufficiently, although not necessarily artfully, pleaded a duty owed by Rinker upon which the allegations of 6 4832910 negligence can be based. We cannot require appellants to plead purely evidentiary matters or matters which are the proper subject of discovery; to hold otherwise would be to emasculate Rule 1019(a). While the law provides no magic formula by which the sufficiency of a plaintiffs complaint can be ascertained, the law is clear that a demurrer can only be sustained in a case free from doubt. See e. g., Hoffinan v. Misericordia Hospital of Philadelphia 439 Pa. 501, 267 A.2d 867 (1970). In other words, any doubt should be resolved in favor of refusing to enter a demurrer. Because we cannot state with certainty that the law will not permit appellants to recover on the basis of their allegations against Rinker, we will reverse the lower court's order sustaining Rinker's demurrer and remand the case for further proceedings consistent herewith. See Pike County Hotels Corp v. Kiefer, 262 Pa. Super 126, 396 A.2d 677 (1978). WHEREFORE, Plaintiff, Trindle Station, LLC respectfully requests that this Honorable Court overrule Defendant's Third Preliminary Objection, dismiss the Defendant's Third Preliminary Objection with prejudice, and direct Defendant to file a proper Answer to Plaintiff s Complaint within twenty(20) days of this Honorable Court's Order. Respectfully submitted, Obermayer Rebmann Maxwell & Hippel, LLP Date: June 12, 2014cau� ��LA�lerco��r�cti.SZ.o► Paige Macdonald-Matthes, Esquire Attorney I.D. #66266 200 Locust Street Harrisburg, PA 17101 Telephone: (717) 221-1609 Facsimile: (717) 234-9734 Attorneys_for Plaintiff, Trindle Station, LLC 7 4832910 CERTIFICATE OF SERVICE I, Paige Macdonald-Matthes, Esquire, counsel for the Plaintiff, Trindle Station, LLC, hereby certify that on this 12"' day of June, 2014, I served a true and correct copy of the Plaintiff's Reply in Opposition to Defendant, Springfield Contractors, Inc.'s Preliminary Objections via U.S. First Class Mail, Postage Paid on the following: L.C.HELM, EsQuiRE 345 E MARKET STREET YORK PA 17403 COUNSEL FOR DEFENDANT, SPRINGFIELD CONTRACTORS, INC. Paige Macdonald-Matthes, Esquire 8 48329(0 - sw tma i,.n +ts: .,v .a9.,.+� .r >z.. �.tt.^v.*A+ia:.%kre+h� -we'.�?.-^-"'� Y:.:aye"+aix .v. 'sR+,c,r....,sat.C�,.�: .ffi;..A Na.. .c_."-_3 d.c -J. c<.., _.>- ,mv, av Anglemeyer, Ashleigh From: LC Heim <lc@khlaw.us> Sent: Wednesday, April 30, 2014 2:15 PM To: Anglemeyer, Ashleigh Subject: RE: Springfield Contractors/Trindle Station My client does not wish to mediate. He would rather take the matter to trial. Accordingly, please provide dates for your client's deposition in my office, has I have requested on numerous previous occasions. I will accept service of the complaint after you have filed it. Larry Heim From: Anglemeyer, Ashleigh [mailto:ashleigh.anglemeyeroobermayer.com] Sent: Tuesday, April 29, 2014 2:47 PM To: LC Heim Cc: Rose Morris; Macdonald-Matthes, Paige Subject: Springfield Contractors/Trindle Station Dear Attorney Heim Attached hereto is correspondence from Paige Macdonald-Matthes, Esquire regarding the above referenced matter. If you have any questions, please feel free to contact me. Thank you. Ashleigh B E RNAAYL Ashteigh E.Anglemeyer, Legal Assistant to Paige N/Iacdonaid-Matches Obermayer Rebmann Maxwell&Hippel LLP suite 400 200 L��cust Street Harrisburg, PA 17101 1508 I!1 ?21 160,(elII17.234. -It`ax Ashleigh.anglemeyerPobermaver com I wv^y.-Qbermaver.com 1 EXHIBIT B SAWHERMAN, HELM 8c PERRY r i ATTORNEYS AT LAW Jlh�� 345 EAST MARKET STREET YORK, PENNSYLVANIA 17403 (717)854-5124 FAX 843-2590 J.ROBERT KATHERMAN FAX 848-5898(LCH) L.C.HEIM RONALD PERRY STACEY R.MACNEAL May 1, 2014 Paige Macdonald-Matthes, Esquire Obermayer Rebmann Maxwell & Hippel, LLP Suite 400, 200 Locust Street Harrisburg, PA 17101-1508 RE: Springfield Contractors, Inc. v Trindle Station, LLC Trindle Station, LLC v. Springfield Contractors, Inc. Dear Attorney Macdonald-Matthes: discussed mediation with my client and he feels that it is not likely to resolve this mw.ter._ Accordingly, I again request deposition dates for your client. Yours truly, KAT RM AN, HEIM & PERRY . C. Heim LCH/rmm cc: Springfield Contractors, Inc. "We Mean Business"'"` ril- PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in triplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: (List the within matter for the next Argument Court.) CAPTION OF CASE (entire caption must be stated in full) Trindle Station, LLC vs. Springfield Contractors, Inc. -a No. 2014 2861 Te�tii .a. 1. State matter to be argued (i.e., plaintiff's motion for new trial, defendant's demurrer to } `" complaint, etc.): Defendant's Preliminary Objections to Plaintiffs Complaint 2. Identify all counsel who will argue cases: (a) for plaintiffs: Paige Macdonald-Matthes, Esquire (Name and Address) Obermayer Rebmann Maxwell & Hippel, LLP 200 Locust Street Suite 400 Harrisburg, PA 17101 (b) for defendants: LC Heim, Esquire (Name and Address) 345 E. Market Street York, PA 17403 3. I will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: December 19 2014 Date: November 6, 2014 Paige Macdonald-Matthes, Esq. Signature , Z Aiki‘ Q Print your name Plaintiff Trindle Station, LLC Attorney for INSTRUCTIONS: 1. Original and two copies of all briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) before argument. 2. The moving party shall file and serve their brief 14 days prior to argument. 3. The responding party shall file their brief 7 days prior to argument. 4. If argument is continued new briefs must be filed with the COURT �� ADMINISTRATOR (not the Prothonotary) after the case is relisted. (�' IOLV*\.- Pjt14 3( ,J CR-g- �13� #6. TRINDLE STATION, LLC, Plaintiff V. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA SPRINGFIELD CONTRACTORS, : NO. 2014 - 2861 CIVIL TERM INC., Defendant SPRINGFIELD CONTRACTORS, : IN THE COURT OF COMMON PLEAS OF INC., : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. TRINDLE STATION, LLC, : NO. 2012 MLD 2354 Defendant IN RE: DEFENDANT'S PRELIMINARY OBJECTIONS BEFORE GUIDO, MASLAND, PECK, JJ. ORDER OF COURT AND NOW, this 811-1 day of JANUARY, 2015, after reviewing the pleadings as well as the briefs filed by the parties in support of their respective positions, and having heard argument thereon, the defendant's preliminary objections are OVERRULED. Defendant shall file an answer to the complaint within twenty (20) days. Paige Macdonald-Matthes, Esquire . C. Heim, Esquire Court Administrator — LIN `P c es irL.-1 tsaL Edward E. Guido, J. c cz) rn -, V) � -<2s �l #6. TRINDLE STATION, LLC, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. SPRINGFIELD CONTRACTORS, : : NO. 2014 — 2861 CIVIL TERM INC., Defendant SPRINGFIELD CONTRACTORS, : IN THE COURT OF COMMON PLEAS OF INC., : CUMBERLAND COUNTY, PENNSYLVANIA V. TRINDLE STATION, LLC, : NO. 2012 MLD 2354 ORDER OF COURT AND NOW, this H day of JANUARY, 2015, the above captioned cases are joined for purposes of discovery and trial. The non jury trial scheduled for February 18, and 20, 2015 on No. 2012 -MLD 2354 is continued generally. We will hold a status conference in connection with these cases on WEDNESDAY, FEBRUARY 18, 2015, at 9:30 a.m. in Courtroom # 3 at which time we will set discovery deadlines and trial dates. Edward E. Guido, ✓ L. C. Heim, Esquire 345 E. Market Street York, Pa. 17403 ./ Paige Macdonald-Matthes, Esquire 200 Locust Street, Suite 400 Harrisburg, Pa. 17101 Court Administrator — //18/4-C' '="1 / !S r1