AGENDA Tanya C

AGENDA Tanya C. Bamford Candyce Fluehr Chimera MONTGOMERY TOWNSHIP MichaelJ. Fox BOARD OF SUPERVISORS Jeffrey W. McDonnell MAY 13,2019 Matthew W. Quigg

www. m o ntg o m erytw p. o rg Lawrence J. Gregan Township Manaqer AGTION MEETING - 7:00 PM

L Call to Order by Chairman 2. Pledge of Allegiance 3. Public Comment 4. Announcement of Executive Session 5. Consider Approval of Minutes of April 22,2019 Meeting 6. Consider Waiver of Permit Fee - Bridal Path Cub Scout Pack229 - Rocket Launch 7. Consider Resolution Recognizing National Police Week 8. Presentation of Police Officer Commendations 9. Consider Resolution Recognizing National Public Works Week 10. Public Hearing - Verizon Franchise Agreement

1 1. Consider Authorization to Execute PennDOT Reimbursement Agreement- Powerline Trail Connector Phase 1 Project (TAP Grant) 12. Consider Authorization for Sale of Municipal Equipment by Online Auction - Police Cars 13. Presentation of Year-to-Date 2019 Budget Report 14. Authorization for Unbudgeted Expenditure - CRC Gymnasium Wall Padding 15. Announce Highlights of Recent Arbor Day and E-Recycling Events 16. Consider Professional Service ProposalAsh Tree Forestry Management Program Phases 4 - 7 Timberlink Consulting LLC 17. Consider Release of Maintenance Bond and Final Escrow Release - 1390 Welsh Road - LDS #681 18. Consider Approval of Escrow Releases: a. Release # 5 - LDS #694 Higher Rock Partners, LP Grading Permit (Phase 1) b. Release # 4 - LDS #694 Higher Rock Partners, LP Land Development (Phase 2) 19. Consider Authorization to Execute Amendments to lmprovement Agreements: a. Second Amendment - LDS #630 - Firefox Phase I Southern Village Land Development Agreement and Financial Security Agreement b. First Amendment - LDS #630 - Firefox Phase ll Northern Village Land Development Agreement 20. Consider Payment of Bills

Continued on page 2 Board of Supervisors Agenda May 13,2019 Page#2

21. Other Business 22. Adjournment

Future Public Hearinqs/Meetinqs: O5-15-2019 @6:00pm - Sewer Authority 05-15-2019 @7:30pm - Shade Tree Commission 05-'l5-20'19 @7:30pm - Public Safety Committee O5-16-2019 @7:30pm - Planning Commission 05-20-2019 @6:00pm - Finance Committee 05-21-2019 @tZ:SOpm - Business Development Partnership 05-28-20{9 @Z:OOpm - (TUESDAY) Board of Supervisors MONTGOMERY TOWNSHIP BOARD OF SUPERVISORS BOARD ACTION SUMMARY

SUBJECT: Public Comment

MEETING DATE: May 13, 2019 ITEM NUMBER: #3

MEETING/AGENDA: WORK SESSION ACTION XX NONE

REASON FOR CONSIDERATION: Operational: XX lnformation: Discussion: Policy: INITIATED BY: Lawrence J. Gregan 7 - BOARD LIAISON: Michael J. Fox, towninip wi^n^i", frvft Chairman of the Board of Supervisors

BACKGROUND:

The Chairman needs to remind all individual(s) making a comment that they need to identify themselves by name and address for public record.

The Chairman needs to remind the public about the policy of recording devices. The individual(s) needs to request permission to record the meeting from the Chairman and needs to identify themselves, by name and address for public record.

ZONING. SUBDIVISION OR LAND DEVELOPMENT IMPACT:

None.

PREVIOUS BOARD ACTION:

None.

ALTE RNATIVES/OPTIONS:

None.

BUDGET IMPACT:

None.

RECOMMENDATION:

None.

MOTION/RESOLUTION:

None.

DISTRIBUTION: Board of Su pervisors, Frank R. Bartle, Esq. MONTGOMERY TOWNSHIP BOARD OF SUPERVISORS BOARD ACTION SUMMARY

SUBJECT: Announcement of Executive Session

MEETING DATE: May 13,2019 ITEM NUMBER: *4 MEETING/AGENDA: WORK SESSION ACTION XX NONE

REASON FOR CONSIDERATION: Operational: XX lnformation: Discussion: Policy:

INITIATED BY: Lawrence J. Gregan t) . t BOARD LIAISON: Michael J. Fox, Township t'tt^n"i", Chairman of the Board of Supervisors fi{\

BACKGROUND:

Frank Bartle will announce that the Board of Supervisors met in Executive Session and will summarize the matters discussed.

ZONING, SUBDIVISION OR LAND DEVELOPMENT IMPACT:

None

PREVIOUS BOARD ACTION:

None.

None

BUDGET IMPACT:

None.

RECOMMENDATION:

None.

MOTION/RESOLUTION:

None.

DISTRIBUTION: Board of Supervisors, Frank R. Bartle, Esq MONTGOMERY TOWNSHIP BOARD OF SUPERVISORS BOARD ACTION SUMMARY

SUBJECT: Consider Approval of Minutes for April 22,2019

MEETING DATE: May 13, 2019 ITEM NUMBER: +5

MEETING/AGENDA: WORK SESSION ACTION XX NONE

REASON FOR CONSIDERATION: Operational: XX lnformation: Discussion Policy:

INITIATED BY: Lawrence J. Gregan OARD LIAISON: MichaelJ. Fox, Township Manager Chairman of the Board of Supervisors

BACKGROUND:

Please contact Deb Rivas on Monday, May 13, 2019 before noon with any changes to the minutes.

TnNrNrG St tRnt\/tstn N nR LAND NE\/EI 11tr,]\/ItrNIT IIMDANT

None

PREVIOUS BOARD ACTION:

None.

ALTERNATIVES/OPTIONS:

None.

BUDGET IMPACT:

None.

RECOMMENDATION:

None.

MOTION/RESOLUTION:

None.

DISTRIBUTION: Board of Supervisors, Frank R. Bartle, Esq DRAFT MINUTES OF MEETING MONTGOMERY TOWNSHIP BOARD OF SUPERVISORS APRIL 22,2019

At 6:00p.m. Chairman Michael J. Fox called to order the Executive Session. ln attendance were Vice-Chairman Candyce Fluehr Chimera, and Supervisors Jeffrey W.

McDonnell, Tanya C. Bamford and Matthew W. Quigg. Also in attendance was Township

Manager Lawrence J. Gregan, and Township Solicitor Robert lannozzi, Esquire.

Chairman Michael J. Fox called the action meeting to order at7 01p.m. ln attendance were Vice-Chairman Candyce Fluehr Chimera and Supervisors Jeffrey W. McDonnell, Tanya C.

Bamford and Matthew W. Quigg. Also in attendance were Township Solicitor Robert lannozzi,

Esquire, Township Manager Lawrence Gregan, Police Chief Scott Bendig, Director of

Administration & HR Ann Shade, Assistant to the Township Manager Stacy Crandell, Director of planning and Zoning Bruce Shoupe, Director of Public Works Kevin Costello, Director of

Recreation and Community Center Floyd Shaffer, and Director of lnformation Technology

Richard Grier.

Following the Pledge of Allegiance, Chairman Michael J. Fox called for public comment from the audience and there was none.

Solicitor Robert lannozzi, Esquire announced that the Board had met in an executive

session prior to this meeting at 6.00 p.m., in the room adjacent to this one, and discussed two

potential litigation and two matters of personnel matters. Mr. lannozzi stated that these matters

are legitimate subjects of executive session pursuant to Pennsylvania's Sunshine Law.

Chairman Michael J. Fox made a motion to approve the minutes of the April 8, 2019

Board of Supervisors meeting, and Supervisor Tanya C. Bamford seconded the motion. The

minutes of the meeting were unanimously approved as submitted.

Township Manager Lawrence J. Gregan announced that Public Service Recognition

Week will be celebrated the week of May Sth through May 11th this year. This week celebrated

the men and women who serve our nation as federal, state, county and local government Minutes of Meetins of April 22,201s trRAFT Page 2 employees for their contribution to the safety, security, and efficiency of our communities.

Resolution #1 made by Chairman Michael J. Fox, seconded by Vice-Chairman Candyce Fluehr

Chimera and adopted unanimously, recognized the week of May 5 through May 11, 2019 as

public Service Recognition Week and extend our appreciation to the employees of Montgomery

Township for their efforts on behalf of the residents and visitors of Montgomery Township.

Assistant to the Township Manager Stacy Crandell requested authorization for the

Township to advertise for a public hearing for the Verizon Franchise Renewal. The Township's

Franchise Agreement with Verizon expired on July 24,2018 and is in ongoing negotiations to

reach a new agreement. The Township is required to hold a public hearing to review the past

performance of Verizon and to identify the future cable-related community needs of the

Township. Resolution#2 made by Chairman Michael J. Fox, seconded by Supervisor Tanya C.

Bamford and adopted unanimously, set Monday, May 13,2019 after 7:00pm, in the Township

Building as the date, time and place for a Public Hearing regarding the Verizon Franchise

Renewal.

Director of Public Works Kevin Costello requested authorization to purchase two capital

equipment items that were approved in the Final 2019 Budget. The following equipment was

requested to be purchased using the PA State Cooperative Purchasing Co-Stars Program:

. (1 ) 2O1g Ford F-350 Pickup Truck equipped with a 9' plow which is replacing a 2008

Ford F-350 which will be sent to auction. The new Ford F-350 Truck and Plow will be

provided by Whitmoyer Ford lnc. under the Co-Stars Contract # 025-162 al a total cost

of $50,024.00 compared to a list price of $63,030.00. This represents a cost savings of

g13,006.00 or 21o/o. The truck will be utilized by the Public Works Department for

maintenance operations and will be set up to plow and salt during the snow season.

o (1) 2O1g Custom Aluminum Flatbed Body with Side Mounted Tool Boxes to be installed

on the new 2019 F-350 Truck outlined above, and will be provided by Levan Machine Minutes of Meeting of April 22,201s ruR AFT Page 3 &Truck Equipment Company under Co-Stars Contract # 025-072 at a total cost of

932,381.00 compared to an estimated list price of $38,785.00. This represents a savings

of $6,404.00 or 15%.

Resolution #3 made by Chairman Michael J. Fox, seconded by SupervisorTanya C. Bamford and adopted unanimously, approved the two contract purchases listed above.

Director of Public Works Kevin Costello requested authorization to award the contract for the Administration/PoliceA/MSC Complex Exterior Wall Restoration Project to General Painting of Pennsylvania lnc. for a total cost of $17,743. Resolution #4 made by Chairman Michael J.

Fox, seconded by Vice-Chairman Candyce Fluehr Chimera and adopted unanimously, approved the contract for the block wall restoration project at the Administration, Police and

VMSC buildings to General Painting of Pennsylvania, lnc. for a total cost of $17,743.

Director of Planning and Zoning Bruce Shoupe presented a request by Lightbridge

Academy, 671 Bethlehem Pike for a waiver from the Township's formal land development application process for a proposed use of this building/property for a mixed-use project. The project consists of converting the existing 15,067 square foot vacant commercial building into an

3,247 square foot retail use with multiple tenants and an 11,820 square foot child care facility to

accommodate up to 162 students, with a 3,775 square foot outdoor play area to support the

child care center. The project also includes new storm water management facilities and

reconfiguration of the parking area. The Zoning Hearing Board granted relief for the outdoor

play area and parking stall size requirements. Representing the applicant was Neil Stein,

Esquire, who confirmed that the applicant accepted all of the waivers and conditions in the

approval resolution for the waiver. Resolution #5 made by Chairman Michael J. Fox, seconded

by Vice-Chairman Candyce Fluehr Chimera and adopted unanimously, granted the waiver of

the formal land development for Lightbridge Academy, 671 Bethlehem Pike, with eight

conditions and three waivers.

Township Manager Lawrence J. Gregan requested approval to submit a Minor Act 537

Update Revision to provide for the extension of public sanitary sewer service to four existing Minutes or Meetins or April 22,201s DRAFT Pase4 residential properties allocated along Kenas Road near Oxford Lane. The properties will be served by individual grinder pumps connected to a proposed low-pressure force main to be installed along the rear of the four properties with connection into the public sewer system in

Oxford Lane. The PA Sewage Facilities Act requires the Township to adopt a revision to the

Township's Official Sewage Facilities Plan to authorize the extension of the sewer service to

these properties. Resolution #6, made by Chairman Michael J. Fox, seconded by Vice

Chairman Candyce Fluehr Chimera and adopted unanimously, approved the adoption and

submission of the Sewage Facilities Planning Module for Minor Act 537 Update Revision for the

Kenas Road Sanitary Sewer Extension to the Department of Environmental Protection for its

approval as a revision to the Official Plan of the Township.

A motion to approve the payment of bills was made by Chairman Michael J. Fox,

seconded by Supervisor Tanya C. Bamford, and adopted unanimously, approved the payment

of bills as submitted.

There being no further business to come before the Board, the meeting adjourned at

7:21 p.m. MONTGOMERY TOWNSHIP BOARD OF SUPERVISORS BOARD ACTION SUMMARY

SUBJECT: Consider Waiver of Permit Fee- Bridal Path Cub Scout Pack#229 - Rocket Launch

MEETING DATE: May 13,2019 ITEM NUMBER: *lo

MEETING/AGENDA: WORK SESSION ACTION XX NONE

REASON FOR CONSIDERATION: Operational: Policy: Discussion: xx lnformation:

INITIATED BY: Bruce Shoupe D LIAISON: MichaelJ. Fox Director of Planni and Zon Chairman BAGKGROUND: ln the past, it has been the policy of the Board of Supervisors to waive permit fees for non-profit and religious organizations. The Township has received a request from Bridal Path Cub Scout Pack #2291o waive the $50.00 special event permit fee and the $125.00 Park & Facility rental fees for their rocket launch at Spring Valley Park to be held on June 9,2019 with a rain date of June 16, 2019.

ZONING. SUBDIVISION OR LAN D DEVELOPMENT IMPACT:

None.

PREVIOUS BOARD ACTION:

None.

ALTERNATIVES/OPTIONS :

None.

BUDGET IMPACT:

None.

RECOMMENDATION:

That the permit fee and park & facility rental fees for Bridal Path Cub Scout Pack#229 be waived

MOTION/RESOLUTION:

Resolution is attached.

MOTION SECOND

ROLL CALL: Tanya C. Bamford Aye Opposed Abstain Absent Candyce Fluehr Chimera Aye Opposed Abstain Absent Jeffrey W. McDonnell Aye Opposed Abstain Absent Matthew W. Quigg Aye Opposed Abstain Absent MichaelJ. Fox Aye Opposed Abstain Absent

DISTRIBUTION: Board of Supervisors, Frank R. Bartle, Esq Resolution #

BE lT RESOLVED by the Board of Supervisors of Montgomery Township that Cub Scout Pack

229 shall be permitted the limited opportunity to conduct their annual Rocket Launch at Spring Valley

Parkon Sunday, June 9,2019, from 11:00 a.m. until4:00 p.m., with a rain dateof June 16,2019 under

the following conditions:

1. Only rockets created by Cub Scout Pack229 shall be launched.

2. All launches shall be conducted with direct supervision of an adult.

3. There must be a minimum 15 foot clearance around the launch pad.

4. Within one week prior to the Rocket Launch, Cub Scout Pack229 shall produce a certificate of liability insurance (with a minimum limit in the amount of $1 million) naming Montgomery Township as an additional insured.

5. Cub Scout Pack229 shall secure the presence of a Fire Department of Montgomery Township truck during the launch period.

Additionally, we hereby approve the request of Bridal Path Cub Scout Pack #229 to waive the fees of

$175.00 for their rocket launch at Spring Valley Park on June 9, 2019.

MOTION BY:

SECOND BY VOTE

DATE:

xc: Applicant, F. Bartle, S. Crandell, B. Shoupe, Minute Book, Resolution File, File MONTGOMERY TOWNSHIP BOARD OF SUPERVISORS BOARD ACTION SUMMARY sUBJECT: Consider a Resolution Recognizing National Police week

MEETING DATE: May 13, 2019 ITEM NUMBER: 41 MEETING/AGENDA: ACTION XX NONE

REASON FOR CONSIDERATION: Operational: Policy: Discussion: xx lnformation

INITIATED BY: J. Scott Bendig BOARD LIAISON: MichaelJ. Fox Chief of Police Chairman, Board of SuPervisors

BACKGROUND:

ln 1962, President Kennedy proclaimed May 1Sth as NationalPeace Officers Memorial Day and the calendar week in which May 1Sth falls as Police Week. Established by a joint resolution of Congress in 1g62, police Week pays sp-ecial recognition to these law enforcement officers who have lost their lives in the line of duty for the safety and protection of others. This is a significant week in our community as Montgomery iownship Polite Officer David Hancock lost his life on December 11, 1976, while protecting the cilizens of Montgomery Township. National Police Week 2019 will be recognized from Sunday, May 12,2019, through Saturday, May 18, 2019.

ZONING, SUBDIVISION OR LAND DEVELOPMENT IMPACT: None.

PREVIOUS BOARD ACTION: None.

ALTERNATIVES/OPTIONS: None.

BUDGET IMPACT: None.

RECOMMENDATION: lt is recommended the Board of Supervisors recognize the week of from Sunday, May n2U9, through Saturday, May 18, 2019, as National Police Week'

MOTION/RESOLUTION:

BE lT RESOLVED by the Board of Supervisors of Montgomery Township that we recognize the week of May 12,2019 through fr4ay 18,2019 as National Police Week and pay tribute to those law enforcement personnel who make our communrty safer and to those law enforcement personnel that have lost their iives in the line of duty for the safety and protection of others'

MOTION SECOND:

ROLL CALL:

Tanya C. Bamford Aye Opposed Abstain Absent Candyce Fluehr Chimera Aye Opposed Abstain Absent Jeffrey W. McDonnell Aye Opposed Abstain Absent Matthew W. Quigg Aye Opposed Abstain Absent MichaelJ. Fox Aye Opposed Abstain Absent

DISTRIBUIIQAI Board of Supervisors, Frank R' Bartle, Esq MONTGOMERY TOWNSHIP BOARD OF SUPERVISORS BOARD ACTION SUMMARY

SUBJECT: RecognizePoliceOfficerCommendations

MEETING DATE: May 13,2019 ITEM NUMBER: +V

MEETING/AGENDA: WORK SESSION ACTION XX NONE

REASON FOR CONSIDERATION: Operational: XX Policy: Discussion: lnformation:

INITIATED BY: J. Scott Bendig BOARD LIAISON MichaelJ. Fox Chief of Police Chairman, Board of Su

BACKGROUND:

ln honor of Police Week, the Police Department would like to recognize several members of our Depatment for their exceptional performance in the line of duty as recommended by the Police Department's Award Committee. This committee, appointed by the Chief of Police, considers those cases of outstanding police performances as nominated by the officer's supervisor.

Official Commendation - Unit Citation - Officer Joseph McGuigan. Officer John Rushin, Officer Craiq Scully

On Septemb er 23,2018, officers responded to a home in the 600 block of Stream View Drive for a building fire. The resident of the home advised the 911 dispatcher that there was a fire in her living room and that she was unable to evacuate the home due to her disability. Officer John Rushin arrived in less than two minutes and observed smoke coming from the home. Officer Rushin made entry to the home and was met with heavy smoke and fire just inside the threshold. Officer Rushin called out to the resident, making voice contact, but could not see the resident through the smoke. Officers Rushin, Scully, and McGuigan then entered the home, having to crawl to locate the resident. Upon reaching the resident, she was disoriented and resisted officer's efforts to remove her from the burning home. Officers Rushin and Scully were forced to stand up to carry the resident to safety, sustaining smoke inhalation in the process. Once removed from the home the resident was transported to Lansdale Hospital for treatment. The resident has since fully recovered.

Letter of Official Commendation - Detective Serqeant Glenn Davis. Detective Todd Walter, Officer Jason English

On October 5,2018, Officer Jason English conducted a traffic stop of a vehicle for a headlight violation. During Officer English's interaction with the driver and passenger, he noted their nervous behavior and conflicting statements. During the interaction, the passenger provided an identification card from North Carolina. Officer English noted that the information displayed on the identification card was inconsistent with the information provided by the North Carolina Division of Motor Vehicles. When confronted with the inconsistencies, the passenger was unwavering. Officer English utilized the department's mobile fingerprint scanner to confirm the identity of the passenger. lt was determined that the passenger was providing false information to officers and was wanted for a homicide in DeKalb County, Georgia. Consent was obtained to search the vehicle. Located inside the vehicle were drugs, packaging material, blank credit cards, and equipment used to manufacture fraudulent state identification cards, including license holograms from states along the east coast. Both the passenger and driver were arrested and charged with fraud related otfenses and violations of the Drug Act.

Detective Sergeant Davis and Detective Walter furthered the investigation by obtaining search warrants for phones, computers, and financial records related to the evidence seized from the subjects. Over fifty victims of identity theft and over one-hundred fraudulent credit card transactions were identified. Both subjects have since pled guilty to drug and fraud offenses and are awaiting sentencing.

ZONING, SUBDIVISION OR LAND DEVELOPMENT IMPACT: None.

PREVIOUS BOARD ACTION: None.

ALTERNATIVES/OPTIONS: None.

BUDGET IMPACT: None.

RECOMMENDATION: lt is recommended the Board of Supervisors recognize the outstanding perforrnances of ihese law enforcement personnel performed in the line of duty'

MOTION/RESOLUTION:

BE lT RESOLVED by the Board of Supervisors of Montgomery Township that we hereby recognize and commend these law enforcement personnel for their outstanding performances in the line of duty.

MOTION SECOND

ROLL CALL:

DISTRIBUTION: Board of Supervisors, Frank R. Bartle, Esq MONTGOMERY TOWNSHIP BOARD OF SUPERVISORS BOARD ACTION SUMMARY

SUBJECT: Consider Resolution Recognizing National Public Works Week

MEETING DATE: May 13,2019 ITEM NUMBER: 4q

MEETING/AGENDA: WORK SESSION ACTION XX NONE

REASON FOR CONSIDERATION: Operational: XX Policy: Discussion: lnformation

INITIATED BY: Kevin A. Costello BOARD LIAISON: MichaelJ. Fox, Chairman Director of Public Works Board of SuPervisors

BACKGROUND:

Since 1960, the American Public Works Association has sponsored "National Public Works Week" and this year it is being celebrated the week of May 19th through May 25th 2019. Across the nation, the APWA membership useJthis week to energize and educate the public on the importance of the Public Works contributions to their daily lives such as planning, building, managing and operating the heart of our local communities and providing a great quality of life.

The theme for this year is "lt Starts Here" which speaks to the essential nature of Public Works role in infrastructure improvements, providing safe roadways, implementing smart transportation systems and maintaining parks and open space. Overall, the citizen's quality of life starts with public works which provides safe, vibrant and well maintained communities. p TnNilNrn Qt tFl il SI r\Nr a)Q I ANln ntr\/tr LO trNIT II\TDANT. None

PREVIOUS BOARD ACTION: NONE,

ALTERNATIVES/OPTIONS: None.

BUDGET IMPACT: None.

RECOMMENDATION: Recognize the week of May 19th through May 25th, 2019 as "National Public Works Week"

MOTION/RESOLUTION:

BE lT RESOLVED by the Board of Supervisors of Montgomery Township that we hereby recognize the week of May lgth through May 25th, 2019 as National Public Works Week and extend our appreciation to the fine men and women of the Montgomery Township Public Works Department for their efforts on behalf of the residents and visitors to Montgomery Township.

MOTION: SECOND

ROLL CALL:

DISTRI UTION Board of Supervisors, Frank R. Bartle, Esq MONTGOMERY TOWNSHIP BOARD OF SUPERVISORS BOARD ACTION SUMMARY

SUBJECT: Public Hearing - Verizon Franchise Renewal

MEETING DATE: May 13, 2019 ITEM NUMBER: lf tO

MEETING/AGENDA: ACTION NONE

REASON FOR CONSIDERATION: Operational: Policy: Discussion: xx lnformation

INITIATED BY: Stacy Crandell BOARD LIAISON: MichaelJ. Fox, Chairman Assistant to the Township Manager d,tN Board of Supervisors ut/ BACKGROUND:

Montgomery Township's franchise agreement with Verizon expired on July 24,2018. The time provided for in the Cable Communications Act of 1984 to negotiate a new franchise agreement has been ongoing and on June 27 ,2016, the Montgomery Township Board of Supervisors retained the services of the Cohen Law Group to represent the Township during the negotiations for the upcoming renewal of the Verizon Franchise Agreement through the Montgomery County Consortium of Communities.

During the negotiation process, the Township is required to hold a public hearing regarding the franchise agreement to review the past performance of the cable operator, Verizon, and to identify the future cable- related community needs of the Township.

Tonight, the Board of Supervisors will be holding the public hearing to obtain feedback regarding the past performance of Verizon and if there are any suggestions for future needs for Montgomery Township.

ZONING, SUBDIVISION OR LAND DEVELOPMENT IMPACT: None

PREVIOUS BOARD ACTION:

On June 27 2016, the Montgomery Township Supervisors retained Cohen Law Firm as counsel for the upcoming renewal of the Verizon Franchise Agreement.

On April 22,2019, the Montgomery Township Supervisors authorized the advertisement for the public hearing regarding the Verizon Franchise Agreement Renewal and set the date of the hearing for May 13, 2019.

ALTERNATIVES/OPTIONS: None.

BUDGET IMPACT: None.

RECOMMENDATION: None.

MOTION/RESOLUTION: None.

DISTRIBUTION: Board of Supervisors, Frank R. Bartle, Esq PUBLIC NOTICE

Public Hearing Regarding Verizon Cable Franchise Renewal for Montgomery Township

Notice is hereby given that Montgomery Township will hold a public hearing regarding cable franchise renewals with Verizon. The public hearing will take place on May 13,2019 after 7:00p.m. at the Municipal Building located at 1001 Stump Road, Montgomeryville, PA 18936. Citizens are invited to testi$r. The purpose of the public hearing is to review the past performance of Verizon and to identi$r the future cable-related community needs of the Township. Questions may be directed to Stacy Crandell, Assistant to the Township Manager at215-393-6900. MONTGOMERY TOWNSHIP BOARD OF SUPERVISORS BOARD ACTION SUMMARY

SUBJECT: Consider Authorization to Execute the Required PennDOT Transportation Set-Aside Program Reimbursement Grant Agreement- Powerline Trail Connector Phase 1 Project (TAP Grant) MEETING DATE: May 13,2019 ITEM NUMBER: + ll MEETING/AGENDA: ACTION NONE

REASON FOR CONSIDERATION: Operational: Policy: Discussion: xx lnformation:

INITIATED BY: Stacy Crandell D LIAISON: MichaelJ. Fox Assistant to the Townsh Chairman, Board of S

BACKGROUND: On March 24,2016, Montgomery Township was awarded funding through the Transportation Alternatives Program in the amount of $850,000 for the Powerline Trail Connection- Phase 1 Project. This project will connect the Route 202 Parkway Trail to the Township's Gommunity and Recreation Center. This will be the first phase of the Powerline Trail Connection that will eventually connect the Route 202 Parkway Trail to the Powerline Trail in Horsham Township.

Traffic Planning and Design has been working on finalizing the design of the project. As the project moves through finalizing the design, the Township is working towards the construction portion of the project, which will be funded through the grant funding. The Township is required to enter into a Reimbursement Agreement with PennDOT. The Board of Supervisors in addition needs to authorize a person to be the designated (electronic) signature for all documents and agreements.

Attached is the agreement, which was reviewed by the Township Solicitor and the resolution authorizing the signature for the project.

ZONING, SUBDIVIS ION OR LAND DEVELO ENT IMPACT: None.

PREVIOUS BOARD ACTION: On January 4,2016, the Board of Supervisors gave the Township authorization to submit the Transportation Alternatives Program Grant Application.

On April 25,2016, the Board of Supervisors the professional scope of work from TPD in the amount not to exceed $7,500 for the Powerline Trail Connection Phase 1 Project.

On March 13,2017, the Board of Supervisors approved the proposal from TPD for the preliminary concept plan of the proposed alignment and the proposal, which outlines the remaining work, needed to complete the design phase of the project in the amount of $140,500.

On November 27,2017, the Board of Supervisors authorized the proposal from CHRS, lnc. for an archaeological survey requested by PennDOT in the amount of $3,961.06.

On March 11,2019, the Board of Supervisors authorized the proposal from Control Point Associates, lnc. for a total of $16,800 for additional survey work for stream cross sections and the partialtopographic and utility survey.

ALTERNATIVES/O PTIONS : None. BUDGET IMPACT: None.

RECOMMENDATION: Township Staff recommends the approval of the resolution and the execution of the Reimbursement Agreement.

MOTION/RESOLUTION: BE lT RESOLVED by the Board of Supervisors of Montgomery Township, Montgomery County, that we hereby authorizes and directs the Assistant to the Township Manager or Township Manager to execute the required PennDOT Transportation Set-Aside Program Reimbursement Grant Agreement and to sign this application on behalf of the Municipality regarding the Montgomery Township Powerline Trail Connector- Phase 1 Project (MPMD No. 107180)as well as all related documents and agreements related to this project.

MOTION SECOND:

DISTRIBUTION: Board of Supervisors, Frank R. Bartle, Esq RESOLUTION NO.

A RESOLUTION OF THE MONTGOMERY TOWNSHIP, MONTGOMERY COUNTY, PENNSYLVANIA, AUTHORIZATION TO EXECUTE THE REQUIRED PENNDOT TEANSPORTATION SET-ASIDE PROGRAM REIMBURSEMENT GRANT AGREEMENT AND ALL RELATED DOCUMENTS & AGREEMENTS

BE IT RESOLVED by the Board of Supervisors of Montgomery Township, Montgomery County, that we hereby authorizes and directs the Assistant to the Township Manager or Township Manager to execute the required PennDOT Transpoftation Set-Aside Program Reimbursement Grant

Agreement and to sign this application on behalf of the Municipality regarding the Montgomery

Township Powerline Trail Connector- Phase I Project (MPMD No. 107180) as well as all related documents and agreements related to this project.

APPROVED AND ADOPTED this 13th day of May 2019.

MOTION BY:

SECOND BY: VOTE:

DATE: May 13,2019 cc: Minute Book, Resolution File Montgomery Township

Attest: By: Lawrence J. Gregan, Secretary Michuel J. Fox, Chairman Montgomery Township Board of Supervisors l, Lawrence J. Gregan, Township Secretary for the Board of Supervisors, do hereby certify that the foregoing is a true and correct copy of the Resolution adopted at a regular meeting of the Board of

Supervisors, held the L3th day of May 201"9.

Date:

Lawrence t. Gregan, Township Secretary EFFECTIVE DATE REIMBURSEMENT AGREEMENT NO. R19O6OO12 lDrportnnut-rriuirrrrtS FID NO. 236005687 Montsomery COUNTY sAP VENDOR NO. 13e2e2 MONTGOMERY MUNICIPALITY MPMS NO. 107180 DISTRICT ORG CODE 0600 RELATED ECMS AGREEMENT NO.

TRANSPORTATION ALTERNATIVES SET.ASIDE PROGRAM REIMBURSEMENT CRANT AGREEMENT

This Transportation Alternatives Set-Aside Program Reimbursement Grant Agreement ("Agreement") is made by and between the Commonwealth of Pennsylvania

(" Commonwealth"), acting through the Department of Transportation (" Department"),

and

fftg Montgomery Township, Montgomery County ("LOCal PrOjeCt SpOnSOr")

BACKGROUND

The Fixing America's Surface Transportation ("FAST") Acf Pub. L. 114-94,129 Stat. 338, created a set-aside of Surface Transportation Block Grant Program funding for transportation alternatives, to be known as the Transportation Alternatives Set-Aside ("TA Set-Aside"). The entities eligible to receive funding from the TA Set-Aside are defined in 23 U.S.C. SS 133(h)(4XB) and include not only governmental entities but also nonprofit entities responsible for the administration of local transportation safety programs.

The Department will receive TA Set-Aside funding from the United States Department of Transportation, Federal Highway Administration ("FHWA") to be spent statewide on eligible projects and activities, in accordance with 23 U.S.C. S 133(hX3), which will reimburse a portion

Page L of38 of the costs of projects approved by the Department to receive TA Set-Aside funding, the balance of the funding being provided by the project sponsors.

The Departmen! following either its own review of the Local Project Sponsor's application or review of the application by the appropriate planning organization, has confirmed the selection of the project, more fully described below in Section 1 ("Project"), to receive TA Set-Aside funding. The Local Project Sponsor has signified its willingness to participate in the TA Set-Aside program and proceed with the Project, in accordance with the terms, conditions and provisions set forth below.

The parties, intending to be legally bound, agree as follows:

1. GENERAL PROVISIONS

(u) Project Description. The Local Project Sponsor, subject to reimbursement or other payment procedures as provided in this Agreement, shall participate in the design and construction of the improvements constituting the Project at the following location in accordance with plans, policies, procedures and specifications prepared, approved, or both by the Department and the FHWA, where applicable:

Type o.f Improaement Location Multi Use Trail USz}2P'Mqftliofrfibldncry

Tu,p Communtty & Reqaation Center

(b) When Costs are Incurred. Only work begun on the Project after full execution of this Agreement shall be eligible for reimbursement under the terms of this Agreement, subject,

Page 2 of38 furthermore, to any required approvals by the FHWA regarding federal-aid participation/ as provided below in Section 28.

(.) Estimated Costs. Exhibit A attached to this Agreement sets forth the activities or phases being reimbursed, the estimated costs and the reimbursement percentages.

2. TERM AND EFFECTIVE DATE

The term of this Agreement shall commence on the Effective Date (as defined below) and shall remain in effect until Project completion as provided in Section 42below, unless terminated earlier in accordance with Sections 15 and 29below, except for those obligations that survive completion of the Project set forth in Sections 16,17,18 and 19. The Effective Date shall be the date that this Agreement is fully executed by the Local Project Sponsor and the Department and all approvals required by Commonwealth contracting procedures have been obtained, as indicated by the date of the last Commonwealth signature. The authorizations granted in this Agreement shall be effective only after the Effective Date of this Agreement. Following full executiory the Commonwealth shall insert the effective date at the top of Page 1. The authorizations granted by this Agreement shall be further contingent upon written approval of the FHWA, if necessary.

3. DESIGN

(u) Local Project Sponsor Shall Design. The Local Project Sponsor, with its own forces or by contract, shall design the proposed Project. If the Department is reimbursing design activities for this Project, the estimated costs and reimbursement percentages are detailed in Exhibit A. The design shall be in accordance with plans, policies, procedures, criteria and specifications prepared or approved by the Department and the FHWA, including, but not limited to, the provisions of the current Department Design Manual; the Department Bureau of Design Specifications for Consultant Agreements, Form No. 442, Division I; and the Department

Page 3 of38 Specifications, Publication 408 Specifications (current edition), its amendments and supplements (collectively, "Publication 408 Specifications").

(b) Local Proiect Sponsor Shall Obtain Approvals. The Local Project Sponsor shall secure and comply with all necessary approvals, permits and licenses from all other

governmental agencies as may be required to complete the Project. This obligation shall include the responsibility for the preparation or revision of environmental impact statements, environmental assessments, categorical exclusions, environmental reports or other documents required by law, environmental litigation or both; and the defense of environmental litigation resulting from the planning, design or construction of the Project. At the Department's requesf the Local Project Sponsor shall furnish to the Department, prior to advertising and letting the Project, evidence of the approvals, permits, licenses and approved environmental documents.

4. UTILITY CONSIDERATIONS

The Local Project Sponsor shall furnish Project plans to utilities known to have facilities within the Project limits and to all other utilities discovered within the Project limits.

(u) Utility Relocation or Adjustment. The Local ProjectSponsor shall arrange for any necessary relocation or adjustment for all utility facilities and notify each utility company to relocate any affected facilities to accommodate the construction of the Project. The Local Project Sponsor, with the Department's guidance, shall make these arrangements in accordance with FHWA and Department requirements. If any affected utility claims that the Local Project Sponsor is responsible for reimbursing the affected utility for its relocation costs under state or local laws in existence as of the effective date of this Agreement, the Local Project Sponsor shall furnish the Department with a detailed cost estimate prepared by the utitity and documentation justifying the Local Project Sponsor's legal obligation to reimburse the utility for utility relocation costs actually incurred by the utility. The Department, after review and approval of

the cost estimates and documentation, shall draft the necessary reimbursement agreement to be

Page 4 of38 executed by the Local Project Sponsor and the utility. The Department shall submit the reimbursement agreement to the Local Project Sponsor for execution by the parties.

(b) Local Project Sponsor-Owned Facilities. If the Local Project Sponsor owns or operates the existing utility facilities, the Local Project Sponsor shall request the Department to include such costs in this Agreement or prepare an amendment to this Agreement to address the costs associated with the relocation of these facilities. The amendment shall acknowledge that the utility facilities are located in the right-of-way and that the relocation costs are Project-eligible costs.

(.) Utility Clearance. Prior to advertising the Project for letting, the Local Project Sponsor, on forms provided by the Department, shall furnish a utility clearance certification attesting that all arrangements have been made for the relocafion of all known facilities affected by the Project in accordance with Department Design Manual Part V. The statement shall be

supported by a description of the written arrangements made with the utilities for the relocation

of facilities in a manner that will not impede Project construction.

(d) Accommodation of Utilities. The parties acknowledge that all utility facilities transferred to or remaitting at a location within the right-of-way of a federally-aided highway shall be accommodated in accordance with the provisions of the applicable Federal Regulations, including the then-current version of 23 CFR Part 645, the Federal-Aid Policy Guide, Chapter I, Subchapter G, Part 645, Subpart B, Accommodation of Utilities, as amended.

(") Reimbursement. If the Department is reimbursing utility relocation activities for this Project, the Department shall pay the estimated costs and reimbursement percentages in

accordance with Exhibit A.

(0 Local Project Sponsor Cost. If the Local Project Sponsor exercises its option under Section 15 of this Agreement and abandons the Project after any utility has been authorized to

Page 5 of38 proceed with its relocation work, the Local Project Sponsor, at its sole cost and expense, hereby agrees to reimburse the utility for its acfual and related indirect costs and expenses of work actually completed at the time of notification of the abandonment, plus any additional expenses incurred by the utility in restoring its system to normal operating conditions.

5. RAILROAD CONSIDERATIONS

The Local Project Sponsor shall furnish Project plans to any railroad(s) known to have facilities within the Project limits.

(u) Coordination with Railroads. The Local ProjectSponsor shall coordinate with the railroad(s) to determine railroad design criteria, arrange for protective services as needed and determine levels of insurance that will be required for the completion of the Project.

(b) Department Forms. The Local Project Sponsor shall coordinate with the railroad(s) to ensure that Department Forms D-4279 and D-4279A are completed by the railroad(s) and returned to the Department.

(.) Special Provisions. The Local Project Sponsor shall include all railroad special provisions, including insurance requirements, right-of-entry requirements and private crossing requirements in the Project bid package.

(d) Reimbursement. If there are railroad costs that are eligible for reimbursement, they shall be addressed through either a letter of amendment or a letter of adjustment as provided below in Section L3.

(u) Railroad Reimbursement Agreement. The Department, after review and approval of the cost estimates and documentation, shall draft the necessary reimbursement agreement between the Local Project Sponsor and the railroad and will forward the agreement to the Local Project Sponsor for execution. The Local Project Sponsor shall provide the Department

with a copy of the fully executed reimbursement agreement.

Page 6 of38 6. APPLICATION TO PENNSYLVANIA PUBLIC UTILITY COMMISSION

The Local Project Sponsor, as necessary, shall make such applications to the Pennsylvania Public Utility Commission ("PUC") as are required for the construction and completion of the Project and shall present this Agreement into evidence before the PUC with the request that the PUC allocate costs for said Project in accordance with this Agreement. If the PUC, by order, allocates costs to the Department as a result of such applicatiory the Local Project Sponsor shall reimburse the Department in full for the costs allocated to the Department.

7. CONTRACTDEVELOPMENT

(u) Bid Package. The Local Project Sponsor shall, by contract or with its own forces, be responsible for preparation of all plans, specifications and estimates ("P.S.&E.") for the Project. The Department's list of the essential documents to be prepared by the Local Project

Sponsor, entitled "Plans, Specifications, Estimates and Bid Proposal Package," is attached to this

Agreement as Exhibit B. All work shall be in conformance with applicable state and federal laws and requirements, including, but not limited to, those outlined in the Federal-Aid Policy Guide, Chapter I, Subchapter G and the most currentversion of the Stewardship and Ouersight Agreement between the Department and the FHWA, which is accessible online at httns: / I w.vlw.fhwa.dot. gov /federalaid / steward shirr / a en'eements I na.nd f

(b) Prequalification. All bid documents shall require that the contractor be prequalified by the Department, unless the Department, in writing, waives prequalification.

(c) Method of Letting and Award. Upon completion of all required bid documents, the Local Project Sponsor shall submit them to the Departrnent for review and approval.

Page 7 of38 The Departmen! subject to reimbursement by the Local Project Sponsor for its costs, shall be responsible for letting and award of the contract for construction of the Project, as provided below in Section L0, and, after satisfaction of the conditions set forth in subsection (d) below, shall populate the Engineering and Construction Management System ('ECMS") with all required bid documents (except for those limited instances where the Local Project Sponsor has requested and received the Department's approval to conduct a paper let instead of having the Project administered through ECMS, in which case Department policies and procedures for projects not administered in ECMS shall apply).

(d) Advertisement. The Department shall advertise for bids through ECMS upon:

(i) FHWA authorization of the Project;

(ii) approval of the environmental clearance documen!

(iii) approval of a right-of-way certification (if applicable);

(iv) approval of a utility clearance certification;

(v) completion of P.S.&E. review; and

(vi) satisfactory resolution of any comments.

(") Addenda. The Department must review and approve any addenda to the approved bid documents prior to their issuance to prospective bidders. The Department shall issue any addenda no less than three (3) calendar days before the proposed bid opening.

Page 8 of38 8. OCCUPANCY RIGHTS

(u) Right to Occupy. The Local Project Sponsor shall ensure that it has the right to occupy the area of the Project for purposes of constructing and maintaining the Project and that the public has a right to enter and use the area of the Project for a sufficient time after completion of construction to justify the expenditure of public funds on the Project. This right of occupancy by the Local Project Sponsor and continued use by the public may be shown by deed of fee simple or easement; by righfof-way, lease or license agreemen! or by any other means found acceptable to the Department.

(b) Supporting Documentation. Upon request from the Department, the Local Project Sponsor shall provide information necessary to document the right to occupy the area of the Project for construction, maintenance and use. The Local Project Sponsor shall also supply

any additional information as deemed necessary by the Department for this purpose. This may include the creation of a plan showing all property acquired by the Local Project Sponsor's predecessors in title, including a designation of the nature of the predecessors' interests (i.e., whether in fee or easement) and a notation of where the instruments conveying those interests are located. The Project will not advance to the final design phase until the Department is satisfied that the Local Project Sponsor has proven appropriate interest in all affected property.

9. RIGHT-OF-WAYACQUISITION

(u) Acquire Required Right-of-Way. The Local Project Sponsor shall ensure that all additional right-of-way llecessary to construct this Project are acquired in accordance with all applicable federal and state laws, policies and procedures, as detailed in the Department Publication No. 740, Local Project Deliaery Manual ("Publication740").

(b) Right-of-Way Plan. The Local Project Sponsor shall acquire all necessary right- of-way by glft, agreement, dedication, purchase or, if it has the authority to do so, condemnation.

Page 9 of38 The Local Project Sponsor shall show the amount of right-of-way required for the Project on a plan, which it shall prepare in accordance with policies, procedures, criteria and specifications prepared or approved by the Department and the FHWA, including the provisions of the current Department Publication 14M, Design Manual3, Plans Presentation, Chapter 3, Right-of- Way Plans.

(c) Eminent Domain. If the Local Project Sponsor does not have the authority to acquire property by eminent domain, prior to making an offer for property, the Local Project Sponsor shall advise the owner that it cannot acquire the proper$ by condemnation if negotiations fail to result in an amicable agreement and to inform the owner of what it believes

to be the fair market value of the property, in accordance with 49 C.F.R. S 24.101(bX2).

(d) Additional Local Project Sponsor Responsibilities. The Local Project Sponsor, subject to possible reimbursement from the FHWA, shall be responsible for all negotiations,

defense of all claims and initial payment of all property damages or right-of-way costs resulting from any acquisition or condemnation. The Local Project Sponsor shall strictly comply with all applicable right-of-way acquisition procedures set forth in the Federal Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970; the current Department Right-of- Way Manual and its amendments; and the Federal-Aid Policy Guide. Acquisition costs shall include, but shall not be limited to, payment of claims of affected property owners; photographic, appraisal and engineering services; title reports; counsel fees; expert witness fees required for the adjudication of all property damage claims; transcripts of testimony before the board of view; and all record costs, including printing costs, in case of appeal to an appellate court.

(") Reimbursement. If the Department is reimbursing right-of-way acquisition activities for this Projec! the Department shall pay the estimated costs and reimbursement

percentages in accordance with Exhibit A.

Page 10 of38 (0 Property Management Requirements. The Local Project Sponsor acknowledges that any real property acquired with funds provided under this Agreement shall be managed in accordance with the property management requirements provided in 23 C.F.R. PartT'[.0, Subpart D. Any use of the property for purposes other than that for which the funds were provided must be consistent with the continuation of the original use. If the original use of the real property is converted by sale or lease to another use inconsistent with the original use, the provisions of Section 16 below apply.

10. LETTING AND AWARD

(u) Department's Responsibilities. Except as provided in subsection (c) below, relating to paper lets, the Department shall advertise for bids, open bids and with the concurrence of the Local Project Sponsor (which will indicate its concurrence electronically) award the construction contract in the name of the Local Project Sponsor, all in accordance with PublicationTh}. The Local Project Sponsor shall execute the contract with the successful bidder electronicalty through ECMS. Following coordination with the Local Project Sponsor, the Department shall issue the notice to proceed through ECMS to the contractor.

(b) Business Partner. If the Local Project Sponsor has not already executed a Business Partner Agreement and registered with the Department as a business partner in order to access ECMS, the Local Project Sponsor shall execute a Business Partner Agreement with the Department in order to obtain such access prior to the Project's being advertised.

(.) Paper Let. In those limited instances where the Local Project Sponsor has requested and received from the Department approval to conduct a paper let instead of having the Project administered through ECMS, letting and award shall be in accordance with Department policies and procedures applicable to projects not administered in ECMS.

Page 11 of38 11. INSPECTION

(u) Construction Inspection. Construction inspection shall be in accordance with the option selected below:

Vrt the Local Project Sponsor assumes responsibility for construction inspection, the Local Project Sponsor, with its own forces or by contract, shall provide staff to inspect and supervise adequately all construction work in accordance with the approved plans and specifications, including, but not limited to, Publication 408, to assure that all labor and materials furnished under and on account of this Agreement are in strict and complete conformity to these plans and specifications. In addition, the work shall be in accordance with the current version of the Federal-Aid Policy Guide, Chapter I, Subchapter G, Part 635, Construction nnd Maintenance. The Local Project Sponsor, in consultation with the Department, shall determine the level of inspection, number of inspectors required for the Project and the qualifications required for the inspectors in accordance with Publication 740. If inspection of the work performed on the Project reveals defects, malfunctions, or other unsuitable, substandard or inadequate conditions,

then the Local Project Sponsor reserves the right to require it to be reperformed by the contractor

at no cost to either the Local Project Sponsor or the Department.

If the Department assumes responsibility for construction inspection, the Department, with its own forces or by contracf shall provide staff to inspect and supervise adequately all construction work in accordance with the approved plans and specifications, including, but not limited to, Publication 408, to assure that all labor and materials furnished under and on account of this Agreement are in strict and complete conformity to these plans and specifications. In additioru the work shall be in accordance with the current version of the Federal-Aid Policy Guide, Chapter I, Subchapter G, Part 635, Construction snd Maintenance. The Department shall determine the level of inspection, number of inspectors required for the Project and the qualifications required for the inspectors in accordance with applicable policies and procedures. If inspection of the work performed on the Project reveals defects, malfunctions, or other

Page 12 of38 unsuitable, substandard or inadequate conditions, then the Department reserves the right to require it to be reperformed by the contractor at no cost to either the Department or the Local Project Sponsor. The Department's costs in providing construction inspection services appear as Department-incurred costs on Exhibit A.

(b) Construction Engineering Costs. Allowable construction engineering costs may include such work items as inspection, certification and test of materials, surveys, conskuction consultation and construction management in accordance with the Federal-Aid Policy Guide,

Chapter I, Subchapter B, Part740, Reimbursentent, and 23 C.F.R. S 1.11. Such costs are eligible for federal participation only to the extent that they are directly athibutable and properly allocable to the Project.

12. REIMBURSEMENT

(u) Payment. Subject to the terms set forth in this Agreement and in conformance with the policies adopted by the Department, the Department, from funds allocated and made available for this purpose by the FHWA, shall make payment to the Local Project Sponsor in one

of the following manners, as set forth on Exhibit A:

(i) Where the Local Project Sponsor assumes financial responsibility for the cost of all preconstruction activities, using funds, in-kind contributions or both, as specified below, the Department shall reimburse one hundred percent (100%) of the allowable construction costs of the Project.

(ii) Where the Local Project Sponsor is to receive reimbursement during all phases of the Project, the Department shall reimburse the Local Project Sponsor for up to eighty percent (80%) of the total allowable costs of the Project. The Local Project Sponsor shall be responsible for the remainder of the total Project costs.

Page 13 of38 Any future changes to the estimated costs and reimbursement percentages shall be addressed through a letter of amendment or a letter of adjustment, as provided below in Section 13.

(b) Local Project Sponsor Funds. The Local Project Sponsor, by executing this Agreement, certifies (1) that it has on hand, or will obtain over the life of the Project, sufficient funds to meet all of its obligations under the terms of this Agreement, to the extent that they are not satisfied by in-kind contributions as described below in subsection (c), and (2) that it, and not the Department, shall provide all funds needed to pay any costs incurred in excess of those

costs eligible for federal-aid participation and shall bear all such excess costs. The Local Project Sponsor shall be solely responsible for one hundred percent (100%) of this portion of the total Project costs. The Local Project Sponsor may use any combination of funds from its own budget and outside sources, whether public or private.

(.) In-Kind Participation. The Local Project Sponsor may satisfy all or part of its share of the total Project costs through in-kind participation in the form of real property, materials or services that it contributes itself or that are contributed by third parties. Such real property/

materials and services shall be valued at their fair market value in accordance with 23 U.S.C. S

323, as amended, and the policies, procedures, criteria and specifications of the FHWA and the Department and must meet the eligrbility requirements of the Project. The Local Project Sponsor shall maintain and, if requested, make available to the FHWA and the Department records establishing how the value placed on contributed real property, materials and services was derived. The contributions must occur after the FHWA's authorization of the Project through approval of Form 4232 and before approval of the final voucher. Any contributions and their estimated value are shown on Exhibit A.

(d) Periodic Invoices. The Local Project Sponsor, for the purpose of reimbursement, shall seek payment through ECMS for the following items:

Page 14 of38 (t allowable costs for work performed by the Local Project Sponsor's forces on the Projec!

(iD work performed on the Project by the Local Project Sponsor's contractors(s) or consultant(s); and

(iii) allowable costs incurred in the acquisition of right-of-way and utility relocations, if applicable.

The Department shall submit through the Office of Comptroller Operations the request for payment to the FHWA. As FHWA funds are made available, the Department shall reimburse the Local Project Sponsor for the proportionate share of the approved charges.

(") Consultant and Contractor Invoices. The Local Project Sponsor is obligated to submit to the Department invoices from its consultant(s) and contractor(s) to assure prompt payment of the consultant(s) and contractor(s) for work performed to date.

(0 Payment to Contractors and Consultants. The Local Project Sponsor shall pay the federal and its own shares to its consultant(s) or contractor(s) within ten (10) calendar days of the date of the Department's payment. The Local Project Sponsor shall, as part of its record- keeping obligation, maintain records of receipt and payment of such funds. Failure to comply with this subsection or the requirements of subsection (e) relating to submission of invoices shall constitute a default, and the Department shall have the right to change payment procedures unilaterally to a reimbursement basis. If the Local Project Sponsor is a political subdivision, the Department shall have the additional right to invoke Section 19, relating to withholding of liquid fuels funds.

(g) Reimbursement. If the Department changes payment procedures unilaterally to a reimbursement basis, as provided in subsection (f), the following procedures shall apply: Page 15 of38 (t) The Local Project Sponsor shall seek reimbursement from the Department, through ECMS.

(ii) The Local Project Sponsor shall include with the invoices verification of payment of the consultant(s) or contractor(.) by means of a copy of the proof of payment from the consultant(s) or contractor(s) acknowledging payment.

(iii) After reviewing the verification concerning payment of the consultant(s) or contractor(s) and material certifications and determining them to be satisfactor/, the Engineering District Office shall approve the invoices for payment.

(i") Upon approval of the invoices, the Department shall submit the request for payment to the Office of Comptroller Operations, including the state and federal shares, as applicable. As FHWA funds are made available, the Department shall reimburse the Local Project Sponsor for the proportionate

share of the approved charges.

(h) Excess Costs. The Local Project Sponsor shall be responsible for all costs incurred in excess of those eligible for federal-aid participation, including, but not limited to, any and all costs relating to or resulting from changes to the approved plans or specifications; time delays and extensions of time or termination of construction work; interest for late payments or for money borrowed to finance the Project (inasmuch as interest paid by the Local Project Sponsor is not federally reimbursable); unforeseen right-of-way and other property damages and costs resulting from the acquisition or condemnation of lands for the Project or for the construction of the improvements; unforeseen utility relocation costs; unforeseen costs for environmental litigation and reports; and all other unforeseen costs and expenses not included in the estimates of design, utility relocation, construction and right-of-way acquisition costs, but which are

Page 16 of38 directly related to or caused by the planning, design or construction of the Project. This provision shall not preclude the Local Project Sponsor from modiffiog the scope of the Project, with the approval of the Department, if the costs exceed the available funds.

(i) Department-Incurred Costs. If those costs incurred by the Department including costs relating to administrative and oversight activities, appear on Exhibit A as being reimbursable from federal funds as eligible Project costs, the Department shall charge such costs directly to the Project automatically through the federal-aid billing system; and the FHWA will reimburse these costs directly to the Department. If a portion of these costs appears on Exhibit A as the responsibility of the Local Project Sponsor in accordance with subsection (b) above, the Department shall invoice the Local Project Sponsor monthly. Failure by the Local Project Sponsor to reimburse the Department within thirty (30) days of receipt of the Department's invoice shall cause the Local Project Sponsor to be in default of payment. In the event of such default, the Department may, in its sole discretion, consider the Project to be abandoned by the Local Project Sponsor. If the Project is abandoned by the Local Project Sponsor, the Local Project Sponsor shall be obligated to reimburse all FHWA and Department funds in accordance with Section 15.

0) Additional or Extra Work. The Department shall not reimburse any additional or extra work done or materials furnished, not specifically provided for in the approved plans and specifications, unless the Department has first approved such additional or extra work or materials in writing. Ary such work done or materials furnished without such written approval first being given shall be at the Local Project Sponsor's own risk, cost and expense.

(k) Final Invoices. The Local Project Sponsor shall submit its final invoices for payment or reimbursement of the items set forth in subsection (a) to the Department within nine months (which can be no more than nine (9) months) of the acceptance of the Project. If the Local Project Sponsor fails to submit its final invoices within this time period, it may forfeit all remaining federal financial participation in the Project.

Page 17 of38 13. AMENDMENTS

(u) Letter of Amendment. If the cost for any phase of the Project listed in Exhibit A is blank, necessitating the subsequent provision of funding over the life of the Projecf or the cost of any phase increases, causing the total estimated cost of the Project to increase, and the Department and the FHWA are willing to provide additional funding because of the increased cost, the parties must execute a letter of amendment that will include a revised Exhibit A. The Department cannot pay or reimburse the Local Project Sponsor for the additional costs until the parties execute the letter of amendment. Adequate federal funds must be available before the parties execute the letter of amendment. The letter of amendment is not effective until duly authorized representatives of the Local Project Sponsor, the Department, the Office of Chief Counsel and the Office of Comptroller Operations sign and date the letter of amendment. A sample letter of amendment is attached as Exhibit C to this Agreement.

(b) Letter of Adjustment. If the Department determines that the cost for any phase listed on Exhibit A should be redistributed, and the redistribution does not result in an increase or decrease in total Project costs or any increase in costs to the Local Project Sponsor, the Department will redistribute such costs by sending the Local Project Sponsor notification by

means of a letter of adjustment that will include a revised Exhibit A. The Department cannot pay or reimburse the Local Project Sponsor for the costs of these phases until the Office of Comptroller Operations signs and dates the letter of adjustment. The Local Project Sponsor's signature is not required for the letter of adjustment to be effective. A sample letter of

adjustment is attached as Exhibit D to this Agreement.

(.) Changes to Standard Provisions. If there are changes to any Standard Provisions that need to be addressed at the time of a letter of amendment, as described in subsection (a), the parties can incorporate those revised or updated Standard Provisions by noting the incorporation and attachment of such Standard Provisions to such letter of amendment. For the

Page 18 of38 purposes of this subsection, Standard Provisions consist of those provisions or clauses required to be included in Commonwealth agreements pursuant to federal or state law or Commonwealth Management Directives, including, but not limited to: Americans with Disabilities Act, Right-to-Know Law, Contractor Integrity, Contractor Responsibility, Offset, Federal Nondiscrimination, Disadvantaged Business Enterprise Regulatory Compliance Requirements, Disadvantaged Business Enterprise Assurance, Lobbying, Federal Funding Accountability and Transparency Act, Federal Audit Clause and Title VI Assurances. Changes that would otherwise require only a letter of adjustment as detailed in subsection (b) will need a letter of amendment as detailed in subsection (a) if one of these Standard Provisions described herein needs updating.

(d) Retroactive Reimbursement. If the Local Project Sponsor proceeds to construction before funds are made available, either through this Agreement, a letter of amendment or letter of adjustment, signed by the appropriate parties, retroactive payment or reimbursement of federal funds will not be permitted unless (i) the federal Fotm 4232, authorizing federal funds for latter phases of the Project, was in place prior to performance of any work, and (ii) the Department allowed the Local Project Sponsor to exceed the current estimated maximum amount set forth in the current cost estimate exhibit by authorizing a higher amount in writing before the Local Project Sponsor incurred the extra costs or performed the work.

(") Amendment. All other changes to the terms and conditions of this Agreement must be in the form of a fully executed formal amendment signed by all the same entities that executed the original Agreement.

.].4. RECORDS AND AUDIT REQUIREMENTS

(u) Maintenance of Records. The Local Project Sponsor shall maintain, and it shall require its consultants and contractors to maintain, all books, documents, papers, records,

Page 19 of38 supporting cost proposals, accounting records, employees' time cards, payroll records and other evidence pertaining to costs incurred in the Project and shall make such materials available at all reasonable times during the contract period and for three (3) years from the date of submission of the final voucher to FHWA, for inspection and audit by the Department, the FHWA or any other authorized representatives of the state or federal governmen! and copies shall be furnished, if requested. Time records for personnel performing any work shall account for direct labor performed on the Project as well as the time of any personnel included in the computation of overhead costs. In addition, a complete record of time, including time spent on and off this Project, shall be kept for personnel assigned part-time to the Project.

(b) Audit Clause. As specified by the Federal Office of Management and Budget, the Local Project Sponsor shall satisfy the audit requirements contained in the Single Audit Act of

1984, as amended,3l U.S.C. S 7501 et seq., and, {or this purpose, to comply with the Audit Clause to Be Used in Agreements with Subrecipients Receiving Federal Awards from the Commonwealth, attached to and made a part of this Agreement as Exhibit E. As used in the Audit Clause, the term "Subrecipient" means the Local Project Sponsor.

15. ABANDONMENT OR POSTPONEMENT OF PROIECT

If the Local Project Sponsor abandons or indefinitely postpones the Project, it may terminate this Agreement by sending the Department a thirty- (30-) day written notice of terminatiory with the understanding that, because the FHWA will not participate in any costs

of a Project that is not completed and because the Department must be reimbursed for all costs incurred by it for the Project, the Local Project Sponsor shall reimburse the Department accordingly. The Department is entitled to consider the Project to be abandoned due to lack of activity on the Project by the Local Project Sponsor or failure to pay its contractor(s) or consultant(s). In either case, the Local Project Sponsor shall reimburse the Department, within

thirty (30) days of receipt of a statement from the Department, in an amount equal to the sum of (i) all FHWA funds received by the Local Project Sponsor, which the Department shall return to

Page 20 of38 the FHWA, (ii) all FHWA funds paid to the Department for work performed under this Agreement, which the Department shall return to the FHWA and (iii) all costs incurred by the Department under this Agreement prior to receipt of notice of termination that have not been reimbursed by the FHWA or the Local Project Sponsor.

16. USEFUL LIFE

The estimated useful life of the completed Project improvements is twenty (20) years and

the federal funding provided under this Agreement shall be amortized over the estimated useful life of the Project improvements in equal amounts annually. If in the opinion of the Department the original use of the real property is converted by sale or otherwise to another use inconsistent with the original use for which the federal funding is being provided, the Local Project Sponsor shall take one of the following actions:

(i) replace the Project improvements, without financial participation from the Department or FHWA, with an equivalent group of improvements, as determined and approved by the Department and the FHWA; or

(ii) repay the Department the unamortized amount of federal funding provided under this Agreement. The amount to be repaid shall be calculated by taking the total amount of federal funding received by the Local Project Sponsor pursuant to this Agreement and any supplements; dividing the amount by the estimated useful life of the Project improvements; and then multiplying the result by the number of years of estimated useful life remaining on the Project at the time of the sale or other conversion of the property.

Page 21 of38 17 MAINTENANCE AND OPERATION OF IMPROVEMENTS ISELECT APPLICABLE PROVISION(S) BY MARKING CHECKBOX NEXT TO SIIBSECTION FOR EACH TYPE OF LOCATION A7 ISSUE I

PROVISION FOR PROJECT WHERE IMPROVEMENTS ARE LOCATED OUTSIDE LOCAL OR STATE RIGHT-OF.WAY USED BY MOTOR VEHICLES

(u) Local Project Sponsor's Responsibilities. The Local Project Sponsor shall operate and maintain, at its sole cost and expense, all completed Project improvements financed under this Agreement that fall within its jurisdiction. The Local Project Sponsor shall, by contract or

with its own forces, perform the maintenance described in Exhibit F attached to and made a part of this Agreement, to insure an acceptable level of physical integrity and operation consistent with original design standards. The Local Project Sponsor certifies that it shall make available sufficient funds to provide the maintenance described in this exhibit. This provision shall not preclude the Local Project Sponsor from making arrangements with other governmental bodies or instrumentalities or private parties for sharing the maintenance responsibilities. However, the Local Project Sponsor shall retain primary responsibility pursuant to this subsection.

(b) Failure to Maintain. Failure by the Local Project Sponsor to fulfill its maintenance responsibilities may result in the loss of future state and federal funds.

(.) Transfer of Ownership and Maintenance Responsibilities. The Local Project Sponsor shall have the right to transfer ownership and maintenance responsibilities for the improvements constructed pursuant to this Agreemenf subject to prior approval by the Department. The Department shall determine the appropriate written documentation required to approve and authorize the transfer of ownership and maintenance responsibilities. The Department shall not unreasonably withhold its approval.

(d) Ordinances or Regulations. The preceding requirements and authorizations shall not prevent the Local Project Sponsor from imposing responsibility for maintenance of the improvements constructed pursuant to this Agreement on the abutting property owners in Page22 of38 accordance with duly enacted ordinances or regulations, as amended or supplemented from time to time. The Local Project Sponsor shall diligently and strictly enforce its ordinances or regulations with reference to the affected property owners.

PROVISION FOR PROJECT WHERE IMPROVEMENTS ARE LOCATED IN LOCAL ROADWAY RIGHT-OF.WAY THAT IS NOT UNDER THE JURISDICTION OF THE LOCAL PROJECT SPONSOR

(u) Local Project Sponsor's Responsibilities. The Local Project Sponsor shall operate and maintain, at its sole cost and expense, all of the completed Project improvements financed under this Agreement that fall within its jurisdiction. The Local Project Sponsor shall, by contract or with its own forces, perform the maintenance described in Exhibit F attached to this Agreemen! to insure an acceptable level of physical integrity and operation consistent with original design standards. The Local Project Sponsor certifies that it shall make available sufficient funds to provide the maintenance described in this exhibit. This provision shall not preclude the Local Project Sponsor from making arrangements with other governmental bodies or instrumentalities or private parties for sharing the maintenance responsibilities. However,

the Local Project Sponsor shall retain primary responsibility pursuant to this subsection.

(b) Failure to Maintain. Failure by the Local Project Sponsor to fulfill its maintenance responsibilities may result in the loss of future state and federal funds.

(.) Transfer of Ownership and Maintenance Responsibilities. The Local Project Sponsor shall have the right to transfer ownership and maintenance responsibilities for the improvements constructed pursuant to this Agreement, subject to prior approval by the Department. The Department shall determine the appropriate written documentation required to approve and authorize the transfer of ownership and maintenance responsibilities. The Department shall not unreasonably withhold its approval.

Page 23 of38 PROVISION FOR PROJECT WITH IMPROVEMENTS IN LOCAL PROJECT SPONSOR'S ROAD OR RIGHT-OF.WAY

(u) Local Project Sponsor's Responsibilities. The Local Project Sponsor, at its sole cost and expense, shall operate and maintain all the completed improvements financed under this Agreement that fall under its jurisdiction. The Local Project Sponsor certifies that it shall make available sufficient funds to provide for the described maintenance program. Exhibit G, which is attached to this Agreement, lists the minimum requirements that the Local Project Sponsor (referred to as the "Municipality" in this exhibit) must satisfy regarding the traffic engineering services to be provided as part of this maintenance program.

(b Methods of Operation and Maintenance. The Department, in concurrence with the FHWA, when applicable, shall determine the existence of acceptable methods of operation and maintenance. These operation and maintenance services shall include, but not be limited to, the following: (t) periodic inspections; (ii) functional review of traffic operations; (iii) appropriate preventative maintenance, which shall include cleaning, lubrication and refurbishing of all electrical equipmen!

(i") a systematic record-keeping system; and (") a means to handle the notification and implementation of emergency repairs.

(.) Traffic Control Devices. The existence of functioning maintenance and operation services shall not exempt the Local Project Sponsor from complyiog with the provisions of the

Vehicle Code (75Pa. C.S. S 1.01. et seq.), as amended, pertaining to traffic control devices, or with

applicable provisions of the State Highway Law (36 P.S. S 670-101et seq.), as amended.

(d) Statutes, Regulations or Ordinances. Each party shall administer, enforce and maintain any statutes, regulations or ordinances within its jurisdiction necessary for the

Page 24 of38 operation of the improvements. The parties further acknowledge that the enforcement obligations relating to the regulations are governed by the statutes of the Commonwealth of Pennsylvania, and more particularly by those statutes relating to municipalities; the Vehicle

Code, as amended; and the State Highway Law, as amended; as well as those ordinances, rules and regulations issued by appropriate governmental agencies in implementation of these stafutes

(") Traffic Controls and Parking Regulations. Upon completion of the Project improvements, the Local Project Sponsor shall continue to maintain and enforce within the Project limits existing traffic controls and parking regulations that need to remain in place; and it shall impose within the Project limits any required new traffic controls and parking regulations, subject to the approval of the Department where appropriate. The Local Project Sponsor shall adopt any resolutions or enact any ordinances necessary to accomplish the impositiory maintenance and enforcement of these controls and regulations.

(0 Disqualification. The Department may disqualify the Local Project Sponsor from future federal-aid or state participation on Local Project Sponsor-maintained projects if the Local Project Sponsor fails to: (i) provide for the proper maintenance and operation of the completed improvements; or (ir) maintain and enforce compliance with any statutes, regulations or ordinances under its jurisdiction necessary for the operation of the improvements.

(g) Withholding Funds. The Department shall withhold federal-aid or state funds, or both, until one or both of the following (as applicable) have taken place: (t the Local Project Sponsor has corrected the operation and maintenance services; and

Page 25 of38 (ii) the Local Project Sponsor has brought tr#fic operations on the improvements, including enforcement of statutes, regulations or

ordinances, up to a level satisfactory to the Department.

(h) Reimbursement from Third Parties. This Agreement is without prejudice to the right of the Local Project Sponsor to receive reimbursement for maintenance costs from any railroad or party other than the Department, if so ordered by the PUC, where a rail-highway crossing is under the jurisdiction of the PUC.

(i) Ordinances or Regulations. The preceding requirements shall not prevent the Local Project Sponsor from imposing responsibility for maintenance of the improvements constructed pursuant to this Agreement on the abutting property owners in accordance with duly enacted ordinances or regulations, as amended or supplemented from time to time. The Local Project Sponsor shall diligent$ and strictly enforce its ordinances or regulations with reference to the affected property owners.

PROVISION FOR PROIECTWITH IMPROVEMENTS IN DEPARTMENT'S RIGHT. OF-WAY

(u) Responsibilities. The Department, as the entity exercising authority and jurisdiction over the roads upon which the Project is being constructed, shall operate and maintain all of the completed improvements financed with federal-aid funds as part of the state highway system, consistent with the requirements of the Vehicle Code, State Highway Law of

1945, and Commonwealth regulations. If there is any signalization, it shall be maintained and operated by the Local Project Sponsor, pursuant to a traffic signal permit issued by the Department to the Local Project Sponsor.

(b) Ordinances or Regulations. The preceding requirements shall not prevent the Local Project Sponsor from imposing responsibility for maintenance of improvements constructed pursuant to this Agreement within Department right-of-way on the abutting

Page 26 of38 property owners, if duly enacted municipal ordinances or regulations make abutting property owners responsible for maintenance of the type of improvement. The Local Project Sponsor shall diligent$ and strictly enforce its ordinances or regulations with reference to the affected property owners.

18. INDEMNIFICATION

The Local Project Sponsor shall indemnify and (if requested) defend the Commonwealth of Pennsylvania, the Department, the FHWA and all of their officers, agents and employees from all suits, actions or claims of any character, name or description, includi.g, but not limited to, those in eminent domain or otherwise relating to title to real property, brought for or on account of any injuries or damages received or sustained by any person, persons or property, arising out oI, resulting from or connected with the planning, development, design, acquisition, construction, completion, occupancy, use, operation or maintenance of the Project or the improvements that it comprises, or any other activities relating to the Project or the improvements that it comprises, by the Local Project Sponsor or the Local Project Sponsor's consultant(s) and contractor(s) and their officers, agents and employees, whether the same be due to defective title, defective materials, defective workmanship, neglect in safeguarding the work, or by or on account of any act, omission, neglect or misconduct of the Local Project Sponsor or the Local Project Sponsor's consultant(s) and contractor(s), their officers, agents and employees, during the performance of the work or thereafter, or to any other cause whatever.

79. WITHHOLDING OF LIQUID FUELS FUNDS (POLITICAL SUBDIVISIONS ONLY)

If the Local Project Sponsor is a political subdivision and if it fails to perform any of the terms, conditions or provisions of the Agreemenf including any default of payment for a period of thirty (30) days, the Local Project Sponsor authorizes the Departrnent to withhold so much of the Local Project Sponsor's Liquid Fuels Tax Fund allocation as may be necessary to complete the Project or reimburse the Department in full for all costs due under this Agreement; and the

Page 27 of38 Local Project Sponsor authorizes the Department to withhold the amount due to the Department and to apply the Liquid Fuels Tax funds, or portion thereof, to remedy the Local Project Sponsor's default.

20. REQUIRED CONTRACT PROVISIONS

The parties acknowledge, and the Local Project Sponsor shall also provide in its contracts for the Project, that all design plans, specifications, estimates of costs, construction, utility relocation work, right-of-way acquisition procedures, acceptance of the work and procedures in general shall, at all times, conform to all applicable federal and state laws, rules, regulations, orders and approvals, including specifically the procedures and requirements relating to labor standards, equal employment opportunity, nondiscrimination, anti-solicitation, information, auditing and reporting provisions. The Local Project Sponsor shall comply, and shall cause its consultant(s) and contractor(s) to comply, with the conditions set forth in the Federal Nondiscrimination and Equal Employment Opportunity Clauses, which are attached

to this Agreement as Exhibit H.

21 CONTRACT PROVISIONS FOR CONTRACTOR INTEGRITY, AMERICANS WITH DISABILITIES, CONTRACTOR RESPONSIBILITY, AND RIGHT TO KNOWLAW

The Local Project Sponsor shall comply, and shall cause its consultant(s) and contractor(s) to comply with the current versions of the provisions set forth below. As used in these provisions, the term "Contractor" means the Local Project Sponsor:

(u) the Contractor Integrity Provisions attached as Exhibit I to this Agreemenf

(b) the Provisions Concerning the Americans with Disabilities Act attached as Exhibit

J to this Agreemenf

(.) the Contractor Responsibility Provisions attached as Exhibit K to this Agreemen! and

Page 28 of38 (d) the Right-to-Know Law provisions attached as Exhibit L to this Agreement.

22. OFFSET PROVISION

The Local Project Sponsor agrees that the Commonwealth of Pennsylvania ("Commonwealth") may set off the amount of any state tax liability or other obligation of the Local Project Sponsor or its subsidiaries to the Commonwealth against any payments due the Local Project Sponsor under any contract with the Commonwealth.

23. DISADVANTAGED BUSINESS ENTERPRISE REGULATORY COMPLIANCE REQUIREMENTS

The Local Project Sponsor shall take the following steps, where applicable, to comply with the Disadvantaged Business Enterprise ("DBE") requirements of federal transportation legislation and regulations adopted pursuant thereto:

(u) DBE Requirements. Forfederally-assisted transportation-related projects, the

Department may establish a percentage participation goal. The Local Project Sponsor shall work with the Department's District Coordinator concerning the necessity of establishing a goal for this Project. If a DBE goal is not applicable, the Local Project Sponsor shall comply with the "Disadvantaged Business Enterprise and Small Business Concern Involvement" provision, attached to this Agreement as Exhibit M. If a goal is established, this goal must be attained by the Local Project Sponsor's contractor or, in the alternative, a showing of good faith effort must

be made. Determination of good faith effort shall be made by the Local Project Sponsor and is subject to the concurrence of the Department. The Local Project Sponsor shall comply with the

following provisions, as applicable:

(i) If the Project requires prequalification, the Local Project Sponsor shall comply with "Designated Special Provision 7" of the Publication 408 Specifications (current edition), attached to this Agreement as Exhibit N.

Page 29 of38 (ii) If the Project includes a design component, the Local Project Sponsor shall comply with the'DBE Special Requirements-Engineerittg," attached to this

Agreement as Exhibit O.

(b) DBE Certification. Only firms that are certified as DBE's by the Pennsylvania DBE Unified Certification Program ("PA UCP") as of the date of the bid opening may be used on the Project. The PA UCP maintains a Directory of certified DBE's classified according to the North American Industrial Classification System ('NAICS Codes"), and this Directory is accessible online at: www.paucp.com. Use of any other certification directory for this Project is prohibited.

24, REQUIRED DBE ASSURANCE PROVISION

(u) DBE Assurance. The Local Project Sponsor shall not discriminate on the basis of race, color, national origin or sex in the performance of this Agreement. The Local Project Sponsor shall carry out applicable requirements of 49 C.F.R. Part 26 in the award and administration of United States Department of Transportation-assisted contracts. Failure by the Local Project Sponsor to carry out these requirements is a material breach of this Agreement, which may result in the termination of this Agreement or such other remedy as the Department deems appropriate, including,but not limited to, withholding progress payments; assessing sanctions; assessing liquidated damages; or disqualifyi.g the Local Project Sponsor from future bidding as non-responsible.

(b) Contracts. As a recipient of funds from the Department, the Local Project Sponsor must include the assurance set forth in subsection (a) in each contract into which it enters to caffy out the Project or activities being funded by this Agreement.

Page 30 of38 25. TITLE VI ASSURANCES

The Local Project Sponsor acknowledges that, as a condition to receiving federal financial assistance from the United States Department of Transportation through the FHWA, the Local Project Sponsor is subject to and shall comply with the Standard Title Vl/Non-discrimination Assurances contained in Exhibit P attached to this Agreement.

26. ANTI-LOBBYING REQUIREMENT

Public Law 101-121, Section 319,3'1. U.S. Code S 1352, prohibits the recipient or any lower tier subrecipients of a federal contract, grant, loan or cooperative agreement from expending federal funds to pay any person for influencing or attempting to influence a federal agency or Congress in connection with the awarding of any federal contract, the making of any federal grant or loan or the entering into of any cooperative agreement. The Local Project Sponsor shall comply with the Lobbying Certification Form attached to this Agreement as Exhibit Q, which an authorized official of the Local Project Sponsor has executed, and, if applicable, shall complete and submit the Disclosure of Lobbying Activities form included in this exhibit in accordance with its instructions.

27. FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT OF 2006

As a subrecipient of federal funding, the Local Project Sponsor shall provide to the Commonwealth the information specified in Exhibit R, Federal Funding Accountability and Transparency Act of 2006-Grantee Information, attached to this Agreement, to ensure that the Commonwealth meets the reporting requirements imposed on it by the Federal Funding Accountability and Transparency Act of 2006. As used in this exhibit, the term "Grantee" refers to the Local Project Sponsor.

Page 31 of38 28. FHWA APPROVAL

The parties fully understand and acknowledge that their respective obligations under this Agreement shall be made contingent upon the approvals, prior to commencement of work, of the Project's eligibility for participation in federal funds to the extent of the proportionate share, detailed in Exhibit A; and, if the FHWA does not give such approval, neither of the parties shall be further obligated by the terms of this Agreement.

29. TERMINATION

Because this Agreement is to be funded either partially or completely by federal funds, the Department may terminate this Agreement if federal funds are not provided to the Department for the purposes stated in the Agreement. The Department shall terminate this Agreement by delivery to the Local Project Sponsor of a notice of termination specifying the reason for termination and its effective date. The Department shall compensate the Local Project Sponsor for work performed or services provided in accordance with the terms of this Agreement prior to the date of the notice of termination or such other date as the notice of termination shall specify.

30. AUTOMATED CLEARING HOUSE REQUIREMENTS

Because the Department shall make payments under this Agreement through the Automated Clearing House ("ACH") Network, the Local Project Sponsor shall comply with the following provisions goveming payments through ACH if it has not done so already:

(u) Enrollment in ACH. Within 10 days of the execution date of this Agreement, the Local Project Sponsor shall submit or must have already submitted its ACH information on a ACH enrollment form (obtained at www.vendorregistration.state.pa.us/cvmu /paper /Forms/ACH-EFTenrollmentform.pdf) and

Page 32 of38 electronic addenda informatioru if desired, to the Commonwealth's Payable Service Center, Vendor Data Management Unit at 717-21,4-01.40 (FAX) or by mail to the Office of Comptroller Operations, Bureau of Payable Services, Payable Service Center, Vendor Data Management Unit, 555 Walnut Street - 9th Floor, Harrisburg, PA 17101'.

(b) Invoice Number. The Local Project Sponsor must submit a unique invoice number with each invoice submitted. The unique invoice number will be listed on the Commonwealth's ACH remittance advice to enable the Local Project Sponsor to properly apply the Department's payment to the respective invoice or program.

(.) Accuracy of Information. It is the responsibility of the Local Project Sponsor to ensure that the ACH information contained in the Commonwealth's Central Vendor Master File is accurate and complete. Failure to maintain accurate and complete information may result in delays in payments.

31.. RESOLUTIONS AND ORDINANCES

The Local Project Sponsor shall pass such resolutions, ordinances, or both, as may be

necessary to accomplish the purposes of this Agreement

32. CHOICE OF LAW

This Agreement shall be governed by and interpreted and enforced in accordance with the laws of the Commonwealth of Pennsylvania (without regard to conflict of laws provisions) and the decisions of the Pennsylvania courts. The Local Project Sponsor consents to the jurisdiction of any court of the Commonwealth of Pennsylvania and any federal courts in

Page 33 of38 Pennsylvania, waiving arry claim or defense that such forum is not convenient or proper. The Local Project Sponsor acknowledges that any such court shall have in personam jurisdiction over it and consents to service of process in any manner authorized by Pennsylvania law.

33. NO WAIVER

Either parry may elect not to enforce its rights and remedies under this Agreement in the event of a breach by the other party of any term or condition of this Agreement. In any event, the failure by either party to enforce its rights and remedies under this Agreement shall not be construed as a waiver of any subsequent breach of the same or any other term or condition of this Agreement.

34. SEVERABILITY

The provisions of this Agreement shall be severable. If any phrase, clause, sentence or provision of this Agreement is declared to be contrary to the Constitution of Pennsylvania or of the United States or of the laws of the Commonwealth and the applicability thereof to ally government, agency, person or circumstance is held invalid, the validity of the remainder of this Agreement and the applicability thereof to any government, agency/ person or circumstance shall not be affected thereby.

35. INDEPENDENCE OF THE PARTIES

The parties understand by and between themselves that nothing contained herein is intended or shall be construed to, in any respect, create or establish the relationship of partners between the Local Project Sponsor and the Department, or as constituting the Department as the representative or general agent of the Local Project Sponsor for any purpose whatsoever.

Page 34 of38 36. ASSIGNMENT

This Agreement may not be assigned by the Local Project Sponsor, either in whole or in part, without the written consent of the Department.

37. SUCCESSORS AND ASSIGNS

All covenants and obligations of the parties under this Agreement shall bind their successors and assigns, whether or not expressly assumed by such successors and assigns.

38. NO THIRD.PARTY BENEFICIARIES

The parties to this Agreement understand that this Agreement does not create or intend to confer any rights in or on persons or entities not a party to this Agreement.

39. FORCE MAJEURE

Neither party shall be liable for failure to perform under this Agreement if such failure to perform arises out of causes beyond the control and without the fault or negligence of the nonperforming party. Such causes may include, but are not limited to, acts of God or the public enemy, fires, floods, epidemics, quarantine restrictions, freight embargoes, and unusually severe weather. This provision shall become effective only if the party failing to perform immediately notifies the other parry of the extent and nature of the problem, limits delay in performance to that required by the event, and takes all reasonable steps to minimize delays. This provision shall not be effective unless the failure to perform is beyond the control and without the fault or negligence of the nonperforming patry.

Page 35 of38 40. TITLES NOT CONTROLLING

Titles of sections are for reference only, and shall not be used to construe the language in this Agreement.

411. NOTICES

All notices and reports arising out of, or from, the provisions of this Agreement shall be in writing and given to the parties at the addresses provided below, either by regular mail, facsimile, e-mail or delivery in person:

If to the Department: John Coscia Consultant Project Manager District 6.0

7000 Geerdes Blvd King of Prussia PA 19406 215-238-2859

[email protected]

61 0-205-6668

If to the Local Project Sponsor Enter Sponsor Name and Title Enter Sponsor Name

Enter Sponsor Street Address or P.O.Box Enter Sponsor City PA zip

Enter Sponsor Telephone Number

Enter Sponsor Email

Enter Sponsor Fax Number

or to such other person or address as the parties may provide to each other in writing

Page 36 of38 42. COMPLETION OF WORK AND PROJECT CLOSEOUT

(u) Completion of Work. The Local Project Sponsor shall complete the physical work under this Agreement no later than five (5) years from the Effective Date of this Agreement. If the Local Project Sponsor requires additional time to complete the physical work, the Local Project Sponsor shall submit a written request to the Department, which the Department shall approve or deny in writing.

(b) Project Closeout. The Project shall be closed out in accordance with the requirements and procedures set forth in PublicationT4l.

43. INTEGRATION AND MERGER

Upon execution, this document, together with all exhibits and attachments annexed to if constitutes the entire agreement between the parties and completely expresses their intent. All prior or contemporaneous agreements are hereby merged into this document. No amendment or modification of this document shall be valid unless it is in writing and duly executed and approved by the parties.

[The remainder of this page is intentionally left blank.]

Page 37 of38 The parties have executed this Agreement to be effective as of the date of the last signature affixed below.

UNSERT LOCAL PROJECT SPONSORNAME]

BY Title:- Date

DO NOT WRITE BELOW THIS LINE--FOR COMMONWEALTH USE ONLY

COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION

BY (Asst.) District Executive Date

APPROVED AS TO LEGALITY AND FORM

BY for Chief Counsel Date

Preapproved Form: BY OGC Form No. 18-FA-66.1 for Comptroller Operations Date Approved OAG 01 / 14/ 2019

Reimbursement Agreement No. Blgqqqq2 is solit 100 %. exoendifure amount of $-]]ggpgq , for federal funds and o %, expenditure amount of $p- ,for state funds The related federal assistance name and number is P and Construction Bi 20.205 . The state name and number is N/A This paragraph does not affect the costs to the Local Project Sponsor.

Page 38 of38 PROJECT ESTIMATED COSTS Reimbursement Agreement No: Rl 906001 2 County: Montgomery Municipality: MONTGOMERY Project Name: Powerline Trail MPMS No: 107180 Engineering Agreement No:

Municipality Commonwealth Phase lncurred lncurred Costs Totals Gosts Preliminary Engineering $ 0.00 Final Design $ 0.00 Utilities $ 0.00 Right of Way $ 0.00 Construction $ 841 ,500.00 $ 8,500.00 $ 850,000.00 SUBTOTALS $ 841 ,500.00 $B 500.00 $ 850,000.00

COST SHARING (Municipality lncurred Gosts) Phase Federal Yo State To Municipality Yo Totals

Preliminary Engineering $ 0.00 $ o.oo ( $ 0.00 $ 0.00 Final Design $ 0.00 $ o.oo ( $ 0.00 $ 0.00

Utilities $ 0.00 $ o.oo ( $ 0.00 $ 0.00

Right of Way $ 0.00 $ o.oo ( $ 0.00 $ 0.00

Construction $ 841 ,500.00 00.000/o $ 0.00 $ 0.00 $ 841 500.00

TOTALS $ 841,500.00 $ 0.00 $ 0.00 $ 841 500.00

COST SHARING (Gommonwealth lncurred Costs) Phase Federal Yo State Yo Municipality % Totals

Preliminary Engineering $ 0.00 ) $ o.oo ( ) $ 0. 00 $ 0.00 Final Design $ o.oo ( ) $ 0.00 ( ) $ 0.00 $ 0.00 Utilities $ 0.00 ) $ o.oo ( ) s o.oo ( $ 0.00 Right of Way $ 0.00 ) $ 0.00 ) $ 0.00 $ 0.00 Construction $ 8,500.00 ( roo.oov" ) 0.00 ) $ 0.00 $ 8,500.00 TOTALS $ 8,500.00 $ 0.00 $ 0.00 $ 8,500.00

TOTAL COST ot Federal Yo State % Municipality fo Total $ 850,000.00 ( roo oov" ) Eo.oo ( o.oo"z") $o.oo ( o.oov" ) $ 850,000.00

Amount Eligible to be Reimbursed to Municipality $ 841 500.00

Exhibit A PLANS, SPECIFICATIONS, ESTIMATES AND BID PROPOSAL PACKAGE (some items applicable depending on funding soltrce - please check with District for your particular project)

A. Plans and Estimates

Title Sheet Mylar or Vellum (for signatures) All Original Plan Sheets Engineer's Estimate (D-407) Federal Estimate Trainee Calculation

B Bid Proposal and Specifications (to prospective bidders) Standard Proposal/Contract Documents

Signatures with cenifications or anticollusion affidavits Bid items with work class codes

C. Special Provisions

Pre-Bid Conference Award of Contract Anticipated Notice to Proceed Date Minority Business Enterprise Program Equal Employment Opportunity Reporting Requirements Affirmative Action Requirements Equal Employment Opportunity Sworn Affidavit utilities Specifications General Contract Conditions Governing Specifications for state funded projects Public Works

D. Attachments

D-47 6-Distribution of Contract Time Notice Prevailing Minimum Wage, if applicable PR-47 (only required for projects over $500,000) F.A.R.-{.A. Required Contract Provisions Federal-Aid Construction Contracts Notice to Prospective Federal-Aid Construction Contractor Special Supplement-Anti-Pollution Measures

Exhibit B SAMPLE LETTER OF AMENDMENT

Click or tap here to enter text. Click or tap here to enter text. Click or tap here to enter text. Click or tap here to enter text. Click or tap here to enter text. PA Click or tap here to enter text.

Re: Click ol tap here to enter text. Click or tap here to enter text.

Dear Local Project Sponsor(s):

Per the terms of the subject agreement, the Department is willing to amend the terms by increasing the total project costs from Click or tap here to enter text. to Click or tap here to enter text., as shown in the attached Exhibit "Click or tap here to enter text." This amendment will become effective once all required signatures are affixed to this document.

We are requesting your concurrence as to the amendment of the above-referenced agreement. If you agree to the amendment, please indicate below by signing and noting your title where indicated. Please attach a resolution verifying your authorization to sign this letter of amendment. lF APPLICABLE: Since tlrc date of tlrc Original Agreement, some standard prouisions and accomp&nying exhibits haae been updated; copies of these updated Exhibits are attached ltereto and lrcreby supersede and replace tlrc corresponding exhibit attaclrcd to the Origtnal Agreement.

Your response is required no later than Click or tap here to enter text..

On behalf of the above-named Local Project Sponsor, I agree to the amendment of the above- referenced agreement. I agree to all terms and conditions included in the subject agreement and all previous amendments thereto, if any'

Signature: Date:

Title:

All terms and conditions of the agreement and its amendments (if any) not affected by this letter of amendment remain in full force and effect.

This letter of amendment is not effective until the Office of Comptroller Operations signs and dates this letter of amendment. The Department will forward a copy of the fully executed letter of amendment for your files.

Sincerely,

Project Manager

EXHIBITC_ - Page 1 of 2 Approved for Form and Legality:

(Asst.) District Executive Date

for Chief Counsel Date

Comptroller Signature Date

Reimbursement Amendment No. Click or tap here to enter text. is split Ctict< or tap here to enter text., expendifure amount of Cllck or tap here to enter text. for federal funds and Click or tap here to enter text., expenditure amount of Click or tap here to enter text. for state funds. The related federal assistance program name and number is Click or tap here to enter text.; Click or tap here to enter text.. The state assistance program name and number is Click or tap here to enter text.; Click or tap here to enter text..

EXHIBITQ_ -Page2of 2 SAMPLE LETTER OF ADJUSTMENT

Click or tap here to enter text. Click or tap here to enter text. Click or tap here to enter lext. Click or tap here to enter text. Click or tap here to enter text. PA Click or tap here to enter text.

Re: Click or tap here to enter text. Click or tap here to enter text.

Dear Local Project Sponsor(s)

Per the terms of the subject agreement the Department will redistribute the costs in the current Estimated Project Cost Exhibit with no change in the total Project costs, by increasing/decreasing the costs of the phases within the project as shown below and as further detailed in the attached Exhibit "Click or tap here to enter text.rr, which laces the current exhibit. Current Total Phase Costs New Total Phase Costs Preliminary Engineering Click or tap here to enter text Click or tap here t0 enter text Final Desim Click or tap here to enter text Click or tap here io enter text Utilities Click or tap here to enter text Click or tap here to enter text Risht-of-Way Click or tap here to enter text Click or tap here to enter text Construction Click or tap here to enter text Click or tap here to enter text TOTAL PROTECT COST Click or tap here to enter text Click or tap here to enter text

All terms and conditions about the agreement and its amendments (if any) not affected by this letter of adjustment remain in full force and effect.

If you have any concerns about the redistribution of costs, please contact us within ten (10) days of this notice; otherwise, the redistribution will be processed as detailed above.

This letter of adjustment is not effective until the Office of Comptroller Operations signs and dates this letter of adjustment. The Department will forward a copy of the fully executed letter of adjustment for your files.

Sincerely,

BY ProjectManager (Asst.) District Executive Date

Comptroller Signature Date

Reimbursement Amendment No. Click or tap here to enter text. is split ctlct< or tap here to enter text., expenditure amount of Click or tap here to enter text. for federal funds and Click or tap here to enter text., expendifure amount of Click or tap here to enter text. for state funds. The related federal assistance program name and number is Click or tap here to enter text.; Click or tap here to enter text.. The state assistance program name and number is Click or tap here to enter text.; Click or tap here to enter text.. EXHIBITD-

Page 1 of 1 Applies onbt if Agreement is _federally-funded

AUDIT CLAUSE TO BE USED IN AGREEMENTS WITH SUBRECIPIENTS RECEIVING FEDERAL AWARDS FROM THE COMMONWEALTH

The [NAME OF SUBRECIPIENT] must comply with all federal and state audit requirements including: The Single Audit Act Amendments of 1996; 2 CFR Part 200 as amended', and any other applicable law or regulation, and any amendment to such other applicable law or regulation which may be enacted or promulgated by the federal government. lf the [NAME OF SUBRECIPIENT] is a local government or non-profit organization that expends $750,000 or more in federal awards during its fiscal year, the [NAME OF SUBRECIPIENT] is required to provide the approprivate single or program specific audit in accordance with the provisions outlined in 2 CFR Part 200.501. lf the [NAME OF SUBRECIPIENT] expends total federal awards of /ess than the threshold established by 2 CFR 200.501, it is exempt from federal audit requirements for that year, but records must be available for review or audit by appropriate officials (or desrgnees) of the federal agency , pass-through entity, and Government Accountability Office (G AO). lf the [NAME OF SUBRECIPIENT] is a for-profit entity, it is not subject to the auditing and reporting requirements of 2 CFR Part 200, Subpart F - Audit Requirements (Subpart F). However, the passthrough commonwealth agency is responsible for establishing requirements, as necessary, to ensure compliance by for-profit subrecipients. The contract with the for-profit subrecipient should describe applicable compliance requirements and the for-profit subrecipient's compliance responsibility. Methods to ensure compliance for federal awards made to for-profit subrecipients may include pre-award audits, monitoring during the contract and post-award audits. The post-award audits may be in the form of a financial audit in accordance with Government Auditing Standards, a single audit report or program-specific audit report in accordance with Subpart F. However, these post-award audits must be submitted directly to the affected commonwealth agency that provided the funding. Only single audit reports for local governmental and non-profit subrecipients are electronically submitted to the Federal Audit Clearinghouse.

ADDITIONAL POTENTIAL COMPONENTS OF THE SINGLE AUDIT REPORTING PACKAGE. ln instances where a federal program-specific audit guide is available, the audit report package for a program-specific audit may be different and should be prepared in accordance with the appropriate audit guide, Government Auditing Standards, and Subpart F.

Exhibit E

Page 1 of2 p qr Ap I i e s o nlv i f A e me nt i s -fe de r al b) --funde d ln addition to the requirements of Subpart F, commonwealth agencies may require that the single audit reporting packages include additional components in the SEFA, or supplemental schedules, as identified through the respective grant agreement.

SUBMISSION OF TH E AUDIT REPORT

The [NAME OF SUBRECIPIENT] must submit an electronic copy of the audit report package to the Federal Audit Clearinghouse, which shall include the elements outlined in Subpart F.

SUBMISSION OF THE FEDERAL AUDIT CLEARINGHOUSE CONFIRMATION

The subrecipients nust send a copy of the confirmation from the Federal Audit Clearinghouse to the resource account [email protected].

AUDIT OVERSIGHT PROVISIONS

The [NAME OF SUBRECIPIENT] is responsible for obtaining the necessary audit and securing the services of a certified public accountant or independent governmental auditor.

The commonwealth reserves the right for federal and state agencies or their authorized representatives to perform additional audits of a financial or performance nature, if deemed necessary by commonwealth or federal agencies. Any such additional audit work will rely on work already per-formed by the [NAME OF SUBRECIPIENT]'s auditor and the costs for any additional work performed by the federal or state agencies will be borne by those agencies at no additional expense to the [NAME OF SUBRECIPIENT].

Audit documentation and audit reports must be retained by the [NAME OF SUBRECIPIENTI's auditor for a minimum of five years from the date of issuance of the audit report, unless the [NAME OF SUBRECIPIENT]'s auditor is notified in writing by the commonwealth, the cognizant federal agency for audit, or the oversight federal agency for audit to extend the retention period. Audit documentation will be made available upon request to authorized representatives of the commonwealth, the cognizant federal agency for audit, the oversight federal agency for audit, the federal funding agency, or the GAO.

Exhibit E

Page 2 of 2 MAINTENANCE ACTIVITIES

flo be used where project improvements are not located within either local or state right-of-way; exhibit needs to be printed, completed offline, and then scanned and attachedl

Exhibit F GUIDELINES TO PREPARING MUNICIPAL METHOD OF MAINTBNANCE OPERATION AND SERVICES

1 The MLINICIPALITY must provide for the proper maintenance of all completed project(s) under its jurisdiction. To comply with this federal requirement, the MTINICIPALITY shall establish or maintain a functional traffic engineering unit throughout the design life ofall project(s).

2. A functional traffic engineering unit consists of, at a minimum:

(a) A competent and qualified traffic engineer; and

(b) Amaintenance staff with at least one licensed electrician skilled in the operation and repair of traffic signal equipment.

J To be considered capable of effectively maintaining completed project(s), the municipal maintenance staff must be provided with the proper equipment and materials necessary, at a minimum, to:

(a) Repair and replace worn out or damaged signal equipment;

(b) Install new and replace damaged or obsolete traffic signs; and

4 The MUNICIPALITY should evaluate its present and proposed organizational charts to determine if the MUNICIPALITY is capable of providing a functional traffic engineering unit within their govemment. Guidelines for considering the inclusion of a functional traffrc engineering unit have been published by the Institute of Traffic Engineers ("ITE"), and should be reviewed by MIINICIPALITY in evaluating their organizational chart. The ITE guidelines make reference to the Model Traffic Ordinance (Uniform Vehicle Code and Model Trffic Ordinance, published by the National Committee on Uniform Traffic Laws and Ordinances) as being the best method of providing the legal basis for establishing a traffic engineering function.

5 If the MUNICIPALITY is unwilling or unable to provide the traffic engineering function from within its organization, the MUNICIPALITY has the option of contracting with an outside agent or agency for the required traffic engineering expertise and maintenance.

6. Functional Traffic Engineering Unit Method.

(a) In preparing to comply with this Exhibit, the MUNICIPALITY must select one of the following methods for providing a functional traffrc engineering unit:

Exhibit G

Page 1 of3 (i) Municipal Traffic Engineer and Municipal Maintenance Staff.

(ii) Contractual Traffrc Engineer and Municipal Maintenance Staff.

(iii) Contractual Traffic Engineer and Contractual Maintenance Staff,

(iv) Municipal Traffic Engineer and Contractual Maintenance Staff.

(b) Depending on which method is chosen, the guidelines for the functional traffic engineering unit shall include, but not be limited to, the following:

(i) Municipal Traffic Engineer:

( 1 ) A brief description of educational background and work experience including the length of employment as Municipal Traffic Engineer;

(2) A description of duties assigned and powers delegated to the Municipal Traffic Engineer under municipal ordinance; and

(3) A municipal organizational chart showing the Traffic Engineer's position in the hierarchy of municipal govemment.

(ii) Municipal Maintenance Staff:

(1) The number of employees pennanently assigned to this function and the number which may be assigned on a temporary basis;

(2) A brief description of the organization of the stafl including the length of time that it has been in existence; and

(3) A clear demonstration of the maintenance staff's ability to properly maintain and repair traffic signal equipment.

(iii) ContractualTrafficEngineer:

(1) The MUNICIPALITY's assurance that the Contractual Traffic Engineer hired is qualified and competent in all aspects of traflic engineering; and

(2) It will not be necessary to include the name and professional background of the individual or organization.

Exhibit c

Page 2 of3 (iv) ContractualMaintenanceStaff:

(l) A brief description of the organization to be hired, including a history of its experience in this field; and

(2) The MUNICIPALITYos assurance that the organization is capable of properly maintaining and repairing traffic signal equipment and that it has adequate staffavailable in case of emergency.

Exhibit c

Page 3 of3 A ppli e s only I o A gre e me nts inv olv in g fe de r al funds

FEDERAL NONDISCRIMINATION AND EQUAL EMPLOYMENT OPPORTUNITY CLAUSES (All Federal Aid Contracts). (1-76) Selection of Labor: During the performance of this contract, the contractor shall not discriminate against labor from any other State, possession or territory of the United States. 1. Employment Practices: During the performance of this contract, the contractor agrees as follows: a. The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoffs or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notice to be provided by the State highway department setting forth the provisions of this nondiscrimination clause. b. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. c. The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided by the State highway department advising the said labor union or workers' representative of the contractors commitments under section 2 and shall post copies of the notice in conspicuous places available to employees and applicants for employment. d. The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations (41 CFR, Part 60) and relevant orders of the Secretary of Labor. e. The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records and accounts by the Federal Highway Administration and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations and orders. f. ln the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations or orders, this contract may be canceled, terminated or suspended in whole or part and the contractor may be declared ineligible for further Government contracts or Federally-assisted construction contracts in accordance with procedures authorized in Executive Order 11246 ol September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 1 1246 of September 24, 1965, or by rule, regulation or order of the Secretary of Labor, or as otherwise provided by law. g. The contractor will include the provisions of Section 2 in every subcontract or purchase order unless exempted by rules, regulations or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the State highway department or the Federal Highway Administration may direct as a means of enforcing such provisions includtng sanctions for noncompliance: Provided, however, that in the event a contractor becomes involved in, or is threatened with litigation with a subcontractor or vendor as a result of such direction by the Federal Highway Administration, the contractor may request the United States to enter into such litigation to protect the interests of the United States. 2 Selection of Subcontractors, Procurement of Materials, and Leasing of Equipment: During the performance of this contract, the contractor, for itself, its assignees and successors in interest (hereinafter referred to as the "contractor") agrees as follows:

Exhibit H Page I ofZ A pp I ie s only t o A gre e me nts i nt, olv in g fe de r al funds

a. Compliance with Regulations: The contractor shall comply with the Regulations relative to nondiscrimination in federally-assisted programs of the Department of Transportation, Title 49, Code of Federal Regulations, Parl21, as they may be amended from time to time, (hereinafter referred to as the Regulations) which are herein incorporated by reference and made a part of this contract. b. Nondiscrimination: The contractor, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, color, sex or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The contractor shall not participate either directly or indirectly in the discrimination prohibited by section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in the Regulations. c. Solicitations for Subcontracts, lncluding Procurements of Materials and Equipment: ln all solicitations either by competitive bidding or negotiation made by the contractor for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontract or supplier shall be notified by the contract of the contractor's obligations under this contract and the Regulations relative to nondiscrimination on the grounds of race, color, sex or national origin. d. lnformation and Reports: The contractor shall provide all information and reports required by the Regulations, or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information and its facilities as may be determined by the State highway department or the Federal Highway Administration to be pertinent to ascertain compliance with such Regulations or directives. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish this information, the contractor shall so certify to the State highway department, or the Federal Highway Administration as appropriate, and shall set forth what efforts it has made to obtain the information. e. Sanctions for Noncompliance: ln the event of the contractor's noncompliance with the nondiscrimination provisions of this contract, the State highway department shall impose such contract sanctions as it or the Federal Highway Administration may determine to be appropriate, including, but not limited to: (l) withholding of payments to the contractor under the contract until the contractor complies, and/or (2) cancellation, termination or suspension of the contract, in whole or in part. f. lncorporation of Provisions: The contractor shall include the provisions of this paragraph 3 in every subcontract, including procurements of materials and leases of equipment, unless except by the Regulations, or directives issued pursuant thereto. The contractor shall take such action with respect to any subcontractor or procurement as the State highway department or the Federal Highway Administration my direct as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, that, in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the contractor may request the State highway department or enter into such litigation to protect the interest of the State, and , in addition, the contractor may request the United States to enter into such litigation to protect the interests of the United States. Wherever hereinabove the word "contractor" is used, it shall also include the word engineer, consultant, researcher, or other entity (governmental, corporate, or otherwise), its successors and assigns as may be appropriate. *Not to be used if otherwise included in Construction or Appalachian Contract Provision

Exhibit H Page2 of2 CONTRACTOR INTEGRITY PROVISIO NS

It is essential that those who seek to contract with the Commonwealth of Pennsylvania ("Commonwealth") observe high standards of honesty and integrity, They must conduct themselves in a manner that fosters public confidence in the integrity of the Commonwealth contracting and procurement process. 1. DEFINITIONS. For purposes of these Contractor Integrity Provisions, the following terms shall have the meanings found in this Section:

a "Affiliate" means two or more entities where (a) a parent entity owns more than fifty percent of the voting stock of each of the entities; or (b) a common shareholder or group of shareholders owns more than fifty percent of the voting stock of each of the entities; or (c) the entities have a common proprietor or general paftner.

b. "Consent" means written permission signed by a duly authorized officer or employee of the Commonwealth, provided that where the material facts have been disclosed, in writing, by prequalification, bid, proposal, or contractual terms, the Commonwealth shall be deemed to have consented by virtue of the execution of this contract.

c. "Contractor" means the individual or entity, that has entered into this contract with the Commonwealth, d. "Contractor Related Parties" means any affiliates of the Contractor and the Contractor's executive officers, Pennsylvania officers and directors, or owners of 5 percent or more interest in the Contractor. e. "Financial Interest" means either

(1) Ownership of more than a five percent interest in any business; or

(2) Holding a position as an officer, director, trustee, paftner, employee, or holding any position of management. f. "Gratuity" means tendering, giving, or providing anything of more than nominal monetary value including, but not limited to, cash, travel, entertainment, gifts, meals, lodging, loans, subscriptions, advances, deposits of money, services, employment, or contracts of any kind. The exceptions set forth in lhe Governor's Code of Conduct, Executive Order 7980-18 , the 4 Pa. Code 97.153(b), shall apply. g. "Non-bid Basis" means a contract awarded or executed by the Commonwealth with Contractor without seeking bids or proposals from any other potential bidder or offeror,

2. In furtherance of this policy, Contractor agrees to the following: Contractor shall maintain the highest standards of honesty and integrity during the performance of this contract and shall take no action in violation of state or federal laws or regulations or any other applicable laws or regulations, or other requirements applicable to Contractor or that govern contracting or procurement with the Commonwealth,

EXHIBIT I

Enclosure 1 to Management Directive 215.8 Amended Page 1 of 3 b. Contractor shall establish and implement a written business integrity policy, which includes, at a minimum, the requirements of these provisions as they relate to the Contractor activity with the Commonwealth and Commonwealth employees and which is made known to all Contractor employees. Posting these Contractor Integrity Provisions conspicuously in easily-accessible and well-lighted places customarily frequented by employees and at or near where the contract services are performed shall satisfy this requirement.

c. Contractor, its affiliates, agents, employees and anyone in privity with Contractor shall not accept, agree to give, offer, confer/ or agree to confer or promise to confer, directly or indirectly, any gratuity or pecuniary benefit to any person/ or to influence or attempt to influence any person in violation of any federal or state law, regulation, executive order of the Governor of Pennsylvania, statement of policy, management directive or any other published standard of the Commonwealth in connection with performance of work under this contract, except as provided in this contract,

d. Contractor shall not have a financial interest in any other contractor, subcontractor, or supplier providing services, labor, or material under this contract, unless the financial interest is disclosed to the Commonwealth in writing and the Commonwealth consents to Contractor's financial interest prior to Commonwealth execution of the contract. Contractor shall disclose the financial interest to the Commonwealth at the time of bid or proposal submission , or if no bids or proposals are solicited, no later than Contractor's submission of the contract signed by Contractor.

e. Contractor certifies to the best of its knowledge and belief that within the last five (5) years Contractor or Contractor Related Pafties have not:

(1) been indicted or convicted of a crime involving moral turpitude or business honesty or integrity in any jurisdiction;

(2) been suspended, debarred or otherwise disqualified from entering into any contract with any governmental agencY;

(3) had any business license or professional license suspended or revoked;

(4) had any sanction or finding of fact imposed as a result of a judicial or administrative proceeding related to fraud, extortion, bribery, bid rigging, embezzlement, misrepresentation or anti-trust; and

(s) been, and is not currently, the subject of a criminal investigation by any federal, state or local prosecuting or investigative agency and/or civil anti-trust investigation by any federal, state or local prosecuting or investigative agency'

If Contractor cannot so certify to the above, then it must submit along with its bid, proposal or contract a written explanation of why such certification cannot be made and the Commonwealth will determine whether a contract may be entered into with the Contractor. The Contractor's obligation pursuant to this certification is ongoing from and after the effective date of the contract through the termination date thereof. Accordingly, the Contractor shall have an obligation to immediately notify the Commonwealth in writing if at any time during the term of the contract if becomes aware of any event which would cause the Contractor's ceftification or explanation to change. Contractor acknowledges that the Commonwealth may, in its sole discretion, terminate the contract for cause if it learns that any of the certifications made herein are currently false due to intervening factual circumstances or were false or should have been known to be false when entering into the contract.

EXHIBIT I Enclosure 1 to Management Directive 215.8 Amended Page 2 of 3 f. Contractor shall comply with the requirements of the Lobbying Disclosure Act (65 Pa.C.S. 513/.01 et seq.) regardless of the method of award. If this contract was awarded on a Non-bid Basis, Contractor must also comply with the requirements of the Section 1641 of the Pennsylvania Election Code (25 P.S. 53260a).

g, When Contractor has reason to believe that any breach of ethical standards as set forth in law, the Governor's Code of Conduct, or these Contractor Integrity Provisions has occurred or may occur, including but not limited to contact by a Commonwealth officer or employee which, if acted upon, would violate such ethical standards, Contractor shall immediately notify the Commonwealth contracting officer or the Office of the State Inspector General in writing.

h, Contractor, by submission of its bid or proposal and/or execution of this contract and by the submission of any bills, invoices or requests for payment pursuant to the contract, certifies and represents that it has not violated any of these Contractor Integrity Provisions in connection with the submission of the bid or proposal, during any contract negotiations or during the term of the contract, to include any extensions thereof, Contractor shall immediately notify the Commonwealth in writing of any actions for occurrences that would result in a violation of these Contractor Integrity Provisions. Contractor agrees to reimburse the Commonwealth for the reasonable costs of investigation incurred by the Office of the State Inspector General for investigations of the Contractor's compliance with the terms of this or any other agreement between the Contractor and the Commonwealth that results in the suspension or debarment of the Contractor. Contractor shall not be responsible for investigative costs for investigations that do not result in the Contractor's suspension or debarment. i. Contractor shall cooperate with the Office of the State Inspector General in its investigation of any alleged Commonwealth agency or employee breach of ethical standards and any alleged Contractor non-compliance with these Contractor Integrity Provisions. Contractor agrees to make identified Contractor employees available for interviews at reasonable times and places. Contractor, upon the inquiry or request of an Inspector General, shall provide, or if appropriate, make promptly available for inspection or copying, any information of any type or form deemed relevant by the Office of the State Inspector General to Contractor's integrity and compliance with these provisions. Such information may include, but shall not be limited to, Contractor's business or financial records, documents or files of any type or form that refer to or concern this contract. Contractor shall incorporate this paragraph in any agreement, contract or subcontract it enters into in the course of the performance of this contract/agreement solely for the purpose of obtaining subcontractor compliance with this provision. The incorporation of this provision in a subcontract shall not create privity of contract between the Commonwealth and any such subcontractor, and no third pafty beneficiaries shall be created thereby. i. For violation of any of these Contractor Integrity Provisions, the Commonwealth may terminate this and any other contract with Contractor, claim liquidated damages in an amount equal to the value of anything received in breach of these Provisions, claim damages for all additional costs and expenses incurred in obtaining another contractor to complete performance under this contract, and debar and suspend Contractor from doing business with the Commonwealth. These rights and remedies are cumulative, and the use or non-use of any one shall not preclude the use of all or any other. These rights and remedies are in addition to those the Commonwealth may have under law, statute, regulation, or otherwise,

EXHIBIT I Enclosure 1 to Management Directive 215.8 Amended Page 3 of 3 October L4,20ll

PROVISIONS CONCERNING THE AMERICANS WITH DISABILITIES ACT

For the purpose of these provisions, the term contractor is defined as any person, including, but not limited to, a bidder, offeror, supplier, or grantee, who will furnish or perform or seeks to furnish or perform, goods, supplies, services, construction or other activity, under a purchase order, contract, or grant with the Commonwealth of Pennsylvania (Commonwealth).

During the term of this agreement, the contractor agrees as follows:

1. Pursuant to federal regulations promulgated under the authority of the Americans with Disabilities Act, 28 C. F. R. I 35.101 et seq., the contractor understands and agrees that no individual with a disability shall, on the basis of the disability, be excluded from participation in this agreement or from activities provided for under this agreement. As a condition of accepting and executing this agreement, the contractor agrees to comply with the "General Prohibitions Against Discrimination," 28 C. F. R. I35.130, and all other regulations promulgated under Title II of the Americans with Disabilities Act which are applicable to the benefits, services, programs, and activities provided by the Commonwealth through contracts with outside contractors.

2. The contractor shall be responsible for and agrees to indemnify and hold harmless the Commonwealth from all losses, damages, expenses, claims, demands, suits, and actions brought by any party against the Commonwealth as a result of the contractor's failure to comply with the provisions of paragraph 1'

EXHIBIT J

Enclosure 1 to Management Di rectiv e 2L5.t2 Amended Page 1 of 1 October 25,2010

Contractor Responsibility Provisions

For the purpose of these provisions, the term contractor is defined as any person/ including, but not limited to, a bidder, offeror, loan recipient, grantee or lessor, who has furnished or pedormed or seeks to furnish or perform, goods, supplies, services, leased space, construction or other activity, under a contract, grant, lease, purchase order or reimbursement agreement with the Commonwealth of Pennsylvania (Commonwealth). The term contractor includes a permittee, licensee, or any agency, political subdivision, instrumentality, public authority, or other public entity in the Commonwealth.

1. The Contractor ceftifies, in writing, for itself and its subcontractors required to be disclosed or approved by the Commonwealth, that as of the date of its execution of this Bid/Contract, that neither the Contractor, nor any such subcontractors, are under suspension or debarment by the Commonwealth or any governmental entity, instrumentality, or authority and, if the Contractor cannot so certify, then it agrees to submit, along with its Bid/Contract, a written explanation of why such certification cannot be made.

2. The Contractor also certifies, in writing, that as of the date of its execution of this Bid/Contract it has no tax liabilities or other Commonwealth obligations, or has filed a timely administrative or judicial appeal if such liabilities or obligations exist, or is subject to a duly approved deferred payment plan if such liabilities exist.

3. The Contractor's obligations pursuant to these provisions are ongoing from and after the effective date of the Contract through the termination date thereof. Accordingly, the Contractor shall have an obligation to inform the Commonwealth if, at any time during the term of the Contract, it becomes delinquent in the payment of taxes, or other Commonwealth obligations, or if it or, to the best knowledge of the Contractor, any of its subcontractors are suspended or debarred by the Commonwealth, the federal government, or any other state or governmental entity. Such notification shall be made within 15 days of the date of suspension or debarment.

4. The failure of the Contractor to notify the Commonwealth of its suspension or debarment by the Commonwealth, any other state, or the federal government shall constitute an event of default of the Contract with the Commonwealth.

5. The Contractor agrees to reimburse the Commonwealth for the reasonable costs of investigation incurred by the Office of State Inspector General for investigations of the Contractor's compliance with the terms of this or any other agreement between the Contractor and the Commonwealth that results in the suspension or debarment of the contractor. Such costs shall include, but shall not be limited to, salaries of investigators, including overtime; travel and lodging expenses; and expert witness and documentary fees. The Contractor shall not be responsible for investigative costs for investigations that do not result in the Contractor's suspension or debarment.

6. The Contractor may obtain a current list of suspended and debarred Commonwealth contractorsbyeithersearchingtheInternetatorcontacting the:

Depaftment of General Services Office of Chief Counsel 603 North Office Building Harrisburg, PA 17L25 Telephone No: (717) 783-6472 FAX No: (7I7) 787-9138 Exhibit K Enclosure 1to Management Directive 2L5.9 Amended Page 1 of 1 Contract Provisions - Right to Know Law a. The Pennsylvania Right-to-Know Law, 65 P.S. $$ 67.101 -3104, ("RTKL") applies to this Contract. For the purpose of these provisions, the term "the Commonwealth" shall refer to the contracting Commonwealth agency. b. If the Commonwealth needs the Contractor's assistance in any matter arising out of the RTKL related to this Contract, it shall notify the Contractor using the legal contact information provided in this Contract. The Contractor, at any time, may designate a different contact for such purpose upon reasonable prior written notice to the Commonwealth. c. Upon written notification from the Commonwealth that it requires the Contractor's assistance in responding to a request under the RTKL for information related to this Contract that may be in the Contractor's possession, constituting, or alleged to constitute, a public record in accordance with the RTKL ("Requested Information"), the Contractor shall:

1. Provide the Commonwealth, within ten (10) calendar days after receipt of written notification, access to, and copies of, any document or information in the Contractor's possession arising out of this Contract that the Commonwealth reasonably believes is Requested Information and may be a public record under the RTKL; and

2. Provide such other assistance as the Commonwealth may reasonably request, in order to comply with the RTKL with respect to this Contract. d. If the Contractor considers the Requested Information to include a request for a Trade Secret or Confidential Proprietary Information, as those terms are defined by the RTKL, or other information that the Contractor considers exempt from production under the RTKL, the Contractor must notify the Commonwealth and provide, within seven (7) calendar days of receiving the written notification, a written statement signed by a representative of the Contractor explaining why the requested material is exempt from public disclosure under the RTKL. e. The Commonwealth will rely upon the written statement from the Contractor in denying a RTKL request for the Requested Information unless the Commonwealth determines that the Requested Information is clearly not protected from disclosure under the RTKL. Should the Commonwealth determine that the Requested Information is clearly not exempt from disclosure, the Contractor shall provide the Requested Information within five (5) business days of receipt of written notification of the Commonwealth's determination. f. If the Contractor fails to provide the Requested Information within the time period required by these provisions, the Contractor shall indemnify and hold the Commonwealth harmless for any damages, penalties, costs, detriment or harm that the Commonwealth may incur as a result of the Contractor's failure, including any statutory damages assessed against the Commonwealth.

Exhibit L Page 1 ofZ g. The Commonwealth will reimburse the Contractor for any costs associated with complying with these provisions only to the extent allowed under the fee schedule established by the Office of Open Records or as otherwise provided by the RTKL if the fee schedule is inapplicable. h. The Contractor may file a legal challenge to any Commonwealth decision to release a record to the public with the Office of Open Records, or in the Pennsylvania Courts, however, the Contractor shall indemnifu the Commonwealth for any legal expenses incurred by the Commonwealth as a result of such a challenge and shall hold the Commonwealth harmless for any damages, penalties, costs, detriment or harm that the Commonwealth may incur as a result of the Contractor's failure, including any statutory damages assessed against the Commonwealth, regardless of the outcome of such legal challenge. As between the parties, the Contractor agrees to waive all rights or remedies that may be available to it as a result of the Commonwealth's disclosure of Requested Information pursuant to the RTKL. i. The Contractor's duties relating to the RTKL are continuing duties that survive the expiration of this Contract and shall continue as long as the Contractor has Requested Information in its possession.

Exhibit L Page2 of2 qr Appl i e s o nbt if A e e m e n t i s fe de r al b) --funde d

Disadvantaged Business Enterprise & Small Business Concern Involvement The Commonwealth of Pennsylvania is committed to providing oppoftunities for Disadvantaged Business Enterprises and small business concerns to compete for work. Small business conaerns are those entities seeking to participate in Commonwealth contracts that meet the definition of a small business concern set forth in Section 3 of the Small Business Act and Small Business regulations implementing it at 13 C.F.R. Part 121. Contractors are encouraged to involve Disadvantaged Business Enterprises and small business concems in the required work and to submit documentation of any such involvement in the proposal/project.

Exhibit M Appendix C - Designated Special Provision 7 (DSP7) 40812016

APPENDIX C DESTGNATED SPECIAL PROVISION 7 (DSP7)

DISADVANTAGED BUSINESS ENTERPRISE (DBE) REQUIREMENTS For Federally-Funded Construction Projects

NOTE: Requires special provision for participation DBE goal percentage.

I. DBE GOAI-

The Department has established, in connection with this contract, a DBE goal as specified in the proposal of the original contract amount for the utilization of firms owned and controlled by socially and economically disadvantaged individuals certified as DBEs. If the DBE goal is zero, make an effort to identi! and use DBEs. This DBE goal remains in effect for the life ofthe project.

Include the following provisions (paragraphs a through d) in every subcontract, so that such provisions will be binding not only upon the prime contractor but also upon each subcontractor, supplier, service provider or consultant.

(a) Policy for Federally-Funded Projects. It is the policy of the U.S. Department of Transportation (DOT) and the Department that DBEs, as defined in 49 CFR Part 26, as amended, (Part 26) and this specification, be given the opportunity to participate in the performance of contracts financed in whole or in part with Federal funds under this contract. Consequently, the DBE requirements of Part26, as amended, apply to this contract.

(b) DBE Obligation. Take all necessary and reasonable steps to ensure that all DBEs have the opportunity to compete for and perform contracts. Do not discriminate on the basis ofrace, color, national origin, or sex in the award and performance of PennDOT and DOT-assisted contracts'

(c) Failure to Comply with DBE Requirements. Failure to carry out the requirements as specified constitutes a breach of contract and may result in termination of the contract, being barued from bidding on Department contracts for up to three (3) years, withholding progress payments, assessing sanctions, assessing liquidated damages, or any other remedy that the Department deems appropriate. Failure to comply with DBE requirements may include, but is not limited to, failure to submit DBE Minority Participation and Commitment within the time period specified, failure to exert a reasonable Good Faith Effort to meet the established DBE goal, or failure to realize the approved DBE participation level set forth may result in the bidder being declared ineligible for the contract.

(d) Small Business Enterprise (SBE) Participation. Recruitment and utilization of certified SBEs is in addition to all other equal opportunity requirements ofthe contract. There is no SBE goal.

II. DEFINITIONS-

The following definitions apply for terms used in this specification:

(a) Disadvantaged Business Enterprise (DBE). A for-profit small business concern:

1. An entity certified by the Pennsylvania Unified Certification Program (PAUCP) as listed on www.paucp.com. 2. That meets the ownership and control requirements of the DBE certification program. 3. That meets the Personal Net Worth requirements of the DBE certification program.

(b) Small Business Enterprise (SBE). A for-profit small business concern:

1. An entity certified by the PennDOT as listed on www.dotsbe.pa.gov. 2. That meets the ownership and control requirements of the Small Business Element (SBE) certification

EXHIBIT N Page 1 of 9 Appendix C - Designated Special Provision 7 (DSP7) 40812016

program. 3. That meets the Personal Net Worth requirements of the SBE certification program.

(c) Commercially Useful Function. A DBE performs a Commercially Useful Function (CUF) when it is responsible for execution of the work of the contract and is carrying out its responsibilities by actually performing, managing, and supervising the work involved. To perform a CUF, the DBE must also be responsible, with respect to materials and supplies used on the contract, for negotiating price, determining quality and quantify, ordering the material, installing (where applicable), and paying for the material itself.

(d) Interdisciplinary Review Team (IRT). A team of three representing both the Bureau of Equal Opportunity and the Bureau of Project Delivery (Contract Management Section) that performs the initial review of the Good Faith Effort documentation and makes the recommendation to the Director.

(e) Committee. The Good Faith Effort Review Committee.

(0 Days. Calendar days. In computing any period oftime described in this specification, the day from which the period begins to run is not counted, and when the last day ofthe period is a Saturday, Sunday, or state holiday, the period extends to the next day that is not a Saturday, Sunday, or state holiday. Similarly, in circumstances where the PennDOT offices are closed for all or part ofthe last day, the period extends to the next day on which the PennDOT offices are open.

(g) Director. Director, Bureau of Equal Opportunity

(h) DBE Participation. Minority Participation and Commitment that is accessed by the Department's ECMS website (www.dot 1 4.state.pa.us/ECMS).

(D Revised DBE Participation. Minorify Participation and Commitment that is accessed by the Department's ECMS website which includes new DBE firm(s) as well as those not affected by the revision.

0) Supplier. A manufacturer, regular dealer, or transaction expeditor/broker

1. Manufacturer. A DBE/SBE that operates or maintains a factory or establishment that produces, on the premises, the materials, supplies, articles, or equipment required under the contract and ofthe general character described by the specifications. 2. Regular Dealer, A DBE/SBE that owns, operates, or maintains a store, warehouse, or other establishment in which the materials, supplies, articles or equipment of the general character described by the specifications and required under the contract are bought, kept in stock, and regularly sold or leased to the public in the usual course of business. To be a regular dealer, the firm must be an established, regular business that engages, as its principal business and under its own name, in the purchase and sale or lease ofthe products in question. A person may be a regular dealer in such bulk items as petroleum products, steel, cement, gravel, stone, or asphalt without owning, operating, or maintaining a place of business as provided above ifthe person both owns and operates distribution equipment for the products. Any supplementing of regular dealers' own distribution equipment shall be by a long-term lease agreement and not on an ad hoc or contract-by-contract basis. Whether a DBE/SBE firm meets the criteria for being treated as a regular dealer is a contract-by-contract determination to be made by the Department. 3. Transaction Expeditor/Broker. A DBE/SBE packager, broker, manufacturers'representatives, or other persons who arrange or expedite transactions and who arrange for material drop-shipments.

(k) Service Provider. A DBE/SBE that performs work that does not have a prequalification requirement on a project.

(l) Shortfall. The difference between the dollar amount on the approved DBE commitment in ECMS and the amount of payments to the approved DBE entities as listed in ECMS.

EXHIBIT N

Page 2 of 9 Appendix C - Designated Special Provision 7 (DSP7) 40812016

III. COUNTING PARTICIPATION-

COUNTING DBE PARTICIPATION TOWARD THE DBE GOAL

Utilization of certified DBEs is in addition to all other equal opportunity requirements of the contract.

Count DBE participation toward meeting the DBE goal for federal projects as follows: If a firm is a certified DBE contractor or subcontractor at the time that submission of DBE, Minority Participation and Commitment documents are due, the total dollar value of the contract awarded to the certified DBE is counted toward the applicable DBE goal as provided below. Any services to be performed by a DBE are required to be readily identifiable to the project.

(a) Construction.

1. Prime Contractor. The Department requires that all prime contractors including DBE prime contractors perform at least 50% of the work on a Department project. A DBE prime contractor will receive credit for all work performed with its own forces. The Department strongly encourages DBE, prime contractors to make additional outreach efforts to solicit DBEs to perform subcontracting work on the project.

2. Subcontractor. When a DBE participates in a contract directly as a subcontractor or as a second-tier or lower-tier subcontractor, count only the value of the work actually performed by the DBE.

Count the entire amount of that portion of a construction contract that is performed by the DBE's own forces. Include the cost ofsupplies and materials obtained by the DBE for the work ofthe subcontract, including supplies purchased or equipment leased by the DBE.

When a DBE subcontracts part of the work of its contract to another firm, the value of the subcontracted work may be counted only if the DBE's subcontractor is itself a DBE. Work that a DBE subcontracts to a non-DBE firm does not count.

Count expenditures to a DBE contractor only if the DBE is performing a CUF on that contract.

(b) Materials and Supplies.

DBE Manufacturer. If the materials or supplies are obtained liom a DBE manufacturer, count 100o/o of the cost of the materials or supplies.

2. DBE Regular Dealer. lf the materials or supplies are purchased ffom a DBE regular dealer, count 600% of the cost of the materials or supplies. There is no North American Industry Classification System (NAICS) code for regular dealer.

3. DBE Transaction Expeditor/Broker. If the materials or supplies are purchased from a DBE which is neither a manufacturer nor a regular dealer, count the entire amount of fees or commissions charged for assistance in the procurement ofthe materials and supplies, or fees or transportation charges for the delivery of materials or supplies required on a job site, provided the fees are determined to be reasonable and not excessive as compared with fees customarily allowed for similar services. Do not count any portion of the cost of the materials and supplies themselves.

(c) Service Providers. Count the entire amount of fees or commissions charged by a DBE firm for providing a bona fide service, such as professional, technical, consultant, or managerial services, or for providing bonds or insurance specifically required for the performance the contract, provided the fee is reasonable and not excessive as compared with fees customarily allowed for similar services.

(d) Trucking Firms. Count 100% of trucking costs using the following factors to determine what can be counted:

1. Count if the DBE is responsible for the management and supervision of the entire trucking operation for

EXHIBIT N

Page 3 of 9 Appendix C - Designated Special Provision 7 (DSP7) 40812016

which it is responsible on a particular contract, and there cannot be a contrived arrangement for the purpose of meeting DBE goals.

2. Count ifthe DBE owns and operates at least one fully licensed, insured, and operational truck used on the contract.

3. Count the total value of the transportation services the DBE provides on the contract using trucks it owns, insures, and operates using drivers it employs.

4. The DBE may lease trucks ffom another DBE firm, including an owner-operator who is a certified DBE. Ifthe DBE leases trucks from another DBE, count the total value ofthe transportation services the lessee DBE provides on the contract.

5. The DBE may also lease trucks from a non-DBE firm, including an owner-operator. If the DBE leases trucks from a non-DBE firm and the DBE operates these leased trucks (with its own forces), count the total value ofthe transportation services the lessee non-DBE provides on the contract. Ifthe DBE leases trucks liom a non-DBE owner-operator, count only the fee or commission it paid as a result of the lease arrangement. Do not count the total value ofthe transportation services provided by the lessee (non-DBE owner-operator), since these services are not provided by a DBE.

6. For purposes of this provision, a lease must indicate that the DBE has exclusive use of and control over the truck. This does not preclude the leased truck from being used for work for others during the term of the lease with the consent of the DBE, so long as the lease gives the DBE absolute priority for use of the leased truck. Leased trucks must display the name and identification number of the DBE.

(e) Specialty ltems. In cases where specialty items and DBE involvement overlap, follow the requirements specified in Section 108.01(c).

COUNTING SBE PARTICIPATION

(a) Recruitment and utilization of certified SBEs is in addition to all other equal opportunity requirements of the contract.

(b) There is no SBE goal.

IV. ACTIONS REQUIRED BY THE DBE AT THE BIDDING STAGE AND PRIOR TO AWARD FOR PRO.IECTS WITH A DBE GOAL_

Include the applicable North American Industry Classification System (NAICS) code(s) for each type of work that the DBE firms quotes and intends to perform on the contract.

V. ACTIONS REQUIRED BY THE BIDDER AT THE BIDDING STAGE AND PRIOR TO AWARD FOR PRO.IECTS WITH A DBE GOAL_

(a) Submission Preparation. The prime contractor is obligated to obtain and to provide all applicable NAICS codes for each proposed DBE and type of work that it will perform on the contract.

(b) Submission Requirements. When the DBE goal established by the Department is met or exceeded, the apparent low bidder is required to electronically submit evidence of such commitments, by accessing the Department's ECMS website to complete and submit the DBE Minority Participation and Commitment including DBE acknowledgement by 3:00 P.M. prevailing local time within five (5) calendar days after the bid opening. The DBE Minority Participation and Commitment Detail Screen must include the applicable

EXHIBIT N Page 4 of 9 Appendix C - Designated Special Provision 7 (DSP7) 40812016

NAICS code(s) for each proposed DBE and type of work that it will perform on the contract. If the DBE Minorify Participation and Commitment Detail Screen is not sufficient to provide all DBE NAICS information, email the remaining DBE NAICS information to [email protected] or fax the remaining DBE NAICS information to (717) 705-1504 so that it is received by the time specified below for consideration. DBE Minority Participation and Commitment Screen completed in ECMS regarding commitments to certified DBEs will become part of the contract. When the fifth (5tr) calendar day after the bid opening falls on a day that the PennDOT offices are closed, submit the DBE Minority Participation and Commitment by 3:00 P.M. prevailing local time on the next business day. If assistance with the DBE submission is needed, contact the ECMS Help Desk at 855-783-8330 or at 717-783-8330. ECMS Help Desk assistance is available 24 hours a day, 7 days a week.

When the DBE goal established by the Department is not met (the Department will not round up), demonstrate a Good Faith Effort (GFE) to meet the contract DBE goal. Demonstrate that the efforts made were those that a bidder seeking to meet the DBE goal established by the Department would make, given all relevant circumstances. Email the GFE documentation to [email protected] or fax to (717) 705- 1504 so that it is received by the time specified above for consideration. All submissions must include, as a part of the GFE documentation, copies of each DBE and non-DBE subcontractor quote when a non-DBE subcontractor was selected over a DBE subcontractor for work on the contract due to the apparent low bidders' determination that the DBE's quote was too high or unreasonable. Also, indicate on the DBE Minority Participation and Commitment screen that the Good Faith Effort is being submitted for consideration.

Failure to electronically submit the DBE Minority Participation and Commitment Screen including DBE acknowledgement completed in ECMS or email or fax any applicable GFE documentation for consideration within five (5) calendar days of the bid opening by the 3:00 P.M. deadline will result in the rejection of the bid. The apparent next lowest bidder will be notified by email to electronically submit evidence of such commitments, by accessing the Department's ECMS website to complete and submit the DBE Minority Participation and Commitment by 3:00 P.M. prevailing local time within five (5) calendar days after notification.

(c) Good Faith Effort Requirements. The demonstration of GFEs is accomplished by seeking out DBE participation in the project given all relevant circumstances. The following illustrate the types of efforts that may be taken, but they are not deemed to be exclusive or exhaustive (for more guidance on GFE requirements, refer to 49 CFR Part 26 Appendix C). The Director and/or Committee will consider other factors and types of efforts that may be relevant:

Efforts made to conduct market research to identifo small business contractors and suppliers and solicit through all reasonable and available means (e.g., use of the DBE Directory, attendance at pre-bid meetings, advertising and/or written notices) the interest of all certified DBEs who have the capability to perform the work ofthe contract. The bidder should provide written notification, at least 15 calendar days before the bid opening, to allow the DBEs to respond to the solicitation. The bidder must determine with certainty if the DBEs are interested by taking appropriate steps to follow up initial solicitations.

a Efforts made to select portions of the work to be performed by DBEs in order to increase the likelihood that the DBE goal will be achieved. This includes, where appropriate, breaking out contract work items into economically feasible units to facilitate DBE participation, even when the prime contractor might otherwise prefer to perform these work items with its own forces.

a Efforts made to provide interested DBEs with adequate information about the plans, specifications, and requirements of the contract in a timely manner to assist them in responding to a solicitation.

a Efforts made to negotiate in good faith with interested DBEs. It is the bidder's responsibility to make a portion of the work available to DBE subcontractors and suppliers and to select those portions of the work or material needs consistent with the available DBE subcontractors and suppliers, so as to facilitate DBE participation. Evidence of such negotiation includes the names, addresses, and telephone numbers of DBEs that were considered; a description of the information provided regarding the plans and

EXHIBIT N Page 5 of 9 Appendix C - Designated Special Provision 7 (DSP7) 40812016

specifications for the work selected for subcontracting; and evidence as to why additional agreements could not be reached for DBEs to perform the work. A bidder using good business judgment would consider a number of factors in negotiating with subcontractors, including DBE subcontractors, and would take a firm's price and capabilities as well as contract DBE goals into consideration. However, the fact that there may be some additional costs involved in finding and using DBEs is not in itself sufficient reason for a bidder's failure to meet the contract DBE goal, as long as such costs are reasonable. Also, the ability or desire of a bidder to perform the work of a contract with its own work force does not relieve the bidder of the responsibility to make a GFE. Bidders are not, however, required to accept quotes from DBEs if the price difference is too high or unreasonable.

a Bidder's determination of a DBE as being unqualified without sound reasons based on a thorough investigation of their capabilities. The contractor's standing within its industry, membership in specific groups, organizations, or associations and political or social affiliations (for example union vs. non-union employee status) are not legitimate causes for the rejection or non-solicitation of bids in the contractor's efforts to meet the contract DBE goal. Another practice considered an inadequate GFE is the rejection of a DBE because its quotation for the work was not the lowest received. However, nothing in this paragraph shall be construed to require the bidder or prime contractor to accapt unreasonable quotes in order to satisfu the contract DBE goal.

a Efforts to assist interested DBEs in obtaining bonding, lines of credit, or insurance.

a Efforts to assist interested DBEs in obtaining necessary equipment, supplies, materials, or related assistance or services.

a Efforts to effectively use the services of the Department's DBE Supportive Services Center; services of the Department's SBE Supportive Services Center; services of available minority/women community organizations; minority/women contractors' groups; local, State, and Federal minority/women business assistance offices; and other organizations as allowed on a case-by-case basis to provide assistance in the recruitment and placement of DBEs.

VI. ACTIONS TO Bf, TAKEN BY THE DEPARTMENT BEFORE AWARD_

(a) Approval. If the apparent low bidder submits the DBE Minority Participation and Commitment by the deadline and meets the contract DBE goal and all other contract requirements, the Department will approve the submission.

(b) Conditional Approval. The Department will issue a conditional approval ofthe DBE Minority Participation and Commitment to the apparent low bidder if (1) any DBE listed on the DBE Minority Participation and Commitment is not prequalified, if required, at the time the Department desires to award the contract or (2) the distinction between regular dealer and transaction expeditor/broker is unclear.

(c) Good Faith Effort Review. If the apparent low bidder submits the DBE submission by the deadline but fails to meet the contract DBE goal and requests a GFE review, the Department will review the GFE documentation. If, during the review of the Contractor's GFE information, the reviewers have questions, the Contractor may be contacted for clarification. The GFE steps are as follows:

1. IRT reviews and makes a recommendation to the Director

2- The Director either Approves recommendation that the GFE was met and the DBE Minority Participation and ^. Commitment will be approved, or b. Recommends that the Committee make a determination.

3. If forwarded to them, the Committee meets and makes the final determination. If the Committee determines that the apparent low bidder met the GFE, the DBE Minority Participation and Commitment

EXHIBIT N Page 6 of 9 Appendix C - Designated Special Provision 7 (DSP7) 408/2016

will be approved. If the Committee determines that the apparent low bidder has failed to make a GFE, the bid will be rejected and the apparent low bidder will be notified of the rejection. The Department will then notifu, by email, the apparent next lowest bidder on the project to electronically submit evidence of such solicitations and commitments, by accessing the Department's ECMS website by selecting DBE Minority Participation and Commitment by 3:00 P.M. prevailing local time within five (5) calendar days after notification. When the fifth (5*) calendar day after the bid opening falls on a day the PennDOT offices are closed, submit the DBE Minority Participation and Commitment by 3:00 P.M. prevailing local time on the next business day.

VII. ACTION TO BE TAKEN BY THE DEPARTMENT DURING CONSTRUCTION_

To ensure that all obligations awarded to DBEs under this contract are met, the Department will review the Contractor's DBE involvement efforts during the performance of the project whether or not the DBE is listed on the approved DBE Minority Participation and Commitment. The review will include a CUF review and analysis.

Sanctions. Upon completion of the work the Department will review the actual DBE participation and make a determination regarding the Contractor's compliance with the applicable requirements. Sanctions may be imposed for noncompliance or unwarranted shortfalls in the approved DBE goal.

VIII. ACTIONS REQUIRED BY THE CONTRACTOR DURING CONSTRUCTION_

(a) DBE Participation. Must continue to make GFEs for the life of the project. When DBE Minority Participation and Commitment is approved with a DBE participation less than the contract DBE goal, continue GFE toward meeting the contract DBE goal. Ensure that the Commitment is attained. Proof of attainment is provided by payments to DBEs and documented in ECMS.

(b) DBE Subcontractor Approval. Firms listed on DBE Minority Participation and Commitment are not to commence work until they are approved.

All firms listed on the approved DBE Minority Participation and Commitment, including those business types other than subcontractor (i.e. dealers, truckers, service providers), must be submitted for subcontractor approval after the contract is executed and approved before DBEs actual performance of work. The subcontractor request must be equal to or greater than the committed amount. Submit for subcontractor approval any other DBE whether or not they are listed on the approved DBE Minority Participation and Commitment. When submitting request for subcontractor approval, attach a copy of the DBE subcontract or agreement or:

. A copy ofthe executed signature page,

. A copy ofthe description ofthe scope ofwork, and

. A copy of the unit prices as they appear in the DBE's subcontract or agreement.

(c) Conditional Approval Resolution. Continually monitor conditional approval of DBE subcontractors. Examples of these conditional approvals may include prequalification requirements and distinction between dealer and broker.

(d) Substitution. Obtain approval before substituting a DBE or making any change to the DBE participation listed on the approved DBE Minority Participation and Commitment or approved DBE subcontractor. Immediately request substitution authorization from the District in writing. The request must include documentation supporting the substitution and written agreement from the DBE to the change. Include proof that a certified letter giving the DBE five (5) days to respond with acceptance or to notif the Department of non-acceptance. Demonstrate that every effort has been made to allow the DBE to perform. The District will contact the Bureau of Project Delivery, Contract Awards.

EXHIBIT N Page 7 of 9 Appendix C - Designated Special Provision 7 (DSP7) 40812016

l. If the arrangement to be replaced is agreeable between the Contractor and the DBE, document the following procedures:

a Make a GFE in accordance with V.(b) to subcontract the work with another DBE, or subcontract other work items to DBE firms, to make up the DBE shortfall. A prime contractor's inability to find a replacement DBE at the contract price is not, in and of itself, adequate to support a finding that GFEs have been made to replace the original DBE. The fact that the prime contractor has the ability and/or desire to perform the contract work with its own forces does not relieve the prime contractor of the obligation to make GFEs to find a replacement DBE, and it is not a sound basis for rejecting a prospective replacement DBE's reasonable quote.

a When the substitution results in meeting the DBE goal, complete a revised DBE Minority Participation and Commitment with DBE acknowledgement and/or a revised subcontractor approval request within five (5) days of a revision being opened in ECMS. If the DBE performed on the project, the Revised DBE Minority Participation and Commitment and/or subcontractor approval request should include the total amount paid to the DBE, before the DBE substitution.

a When the substitution does not result in meeting the DBE goal, complete a revised DBE Minority Participation and Commitment with DBE acknowledgement and/or a revised subcontractor approval request within five (5) days of a revision being opened in ECMS and provide additional GFE documentation, including ( I ) a statement of efforts made to negotiate with DBEs for specific work or supplies, including the names, addresses, telephone numbers, and emails of those DBEs that were contacted; (2) the time and date each DBE was contacted; (3) a description of the information provided to DBEs regarding plans and specifications for portions of the work to be performed or the materials supplied; and (4) an explanation of why an agreement between the prime contractor and DBE was not reached. If the DBE performed on the project, the Revised DBE Minority Participation and Commitment and/or subcontractor approval request should include the total amount paid to the DBE before the DBE substitution.

Good Faith Effort Review. The Department will review the GFE documentation for substitution. If, during the review of the Contractor's GFE information, the reviewers have questions, the Contractor may be contacted for clarification. The GFE steps are as follows:

a. Contract Awards reviews and, if acceptable, approves the GFE and DBE revision or recommends that the IRT made the determination.

b. The IRT either . Approves recommendation that the GFE was met and the Minority Participations substitution will be approved, or . Disapproves the GFE resulting in a shortfall requiring the contractor to continue GFEs.

c. If forwarded to them, the IRT makes a final determination.

Do not perform any of the DBE work included in the substitution request without prior approval fiom the Department.

If the projected DBE participation on an approved DBE Minority Participation and Commitment meets or exceeds the DBE goal amount for the contract without replacing the DBE, then no contract shortfall exists. A Revised DBE Minority Participation and Commitment and/or subcontractor approval request must be submitted to reflect the decreased dollar amount.

2. If the arrangement to be replaced is not agreeable between the Contractor and the DBE, the following procedures are required:

Until a determination is made, do not perform the DBE work without prior approval

EXHIBIT N Page 8 of 9 Appendix C - Designated Special Provision 7 (DSP7) 408t2016

a The IRT will review and make a determination and the District will notifu both the Contractor and the DBE.

a The Contractor or the DBE may request a meeting with the Department by contacting the District Office.

(e) SBE Participation. SBE Firms are not to commence work until they are approved. The SBE, including those business types other than subcontractor (i.e. supplier, trucking, service provider), must be submitted for subcontractor approval after the contract is executed and approved before the SBEs actual performance of work.

(f) Additional Work. When additional work is required for any classification of work which is identified on the DBE Minority Participation and Commitment to be performed by the DBE, at least 50% of this additional work will be performed by the same DBE unless the DBE submits, in writing, that it cannot perform the work due to its own limitations.

(g) Progress Payments. Make payments in accordance with Section 110.05. Enter DBE and SBE progress payments into ECMS monthly. Bring to the attention of the Department, in writing, any situation in which regularly scheduled progress payments are not made to DBE/SBE subcontractors, suppliers, service provider or consultant.

(h) Records and Reports. Keep such project records as are necessary to determine compliance with DBE Requirements. These records can be used as GFE documentation. Design these records to indicate:

a The number ofdisadvantaged and non-disadvantaged subcontractors, small businesses, regular dealers, manufacturers, consultants, and service providers, and the type of work or services performed on or materials incorporated in this project.

a The progress and efforts made in seeking out DBE and SBE contractor organizations and individual DBEs and SBEs for work on this project.

a Documentation of all correspondence, personal contacts, telephone calls, etc., to obtain the services of DBEs and SBEs for this project. Submit reports, as required by the Department. Certifr that the amounts were actually paid to the DBE and SBE for work performed on the project and keep cancelled checks on file in the home office to reflect payment for the specific project and for inspection and audit by the Department. Enter the payment information in ECMS "DBE Payments" within 5 business days after the end of the month and include the following:

a The number of contracts awarded to DBEs and SBEs, noting the type of work and amount of each contract executed with each firm and including the execution date ofeach contract.

a The amount paid to each DBE and SBE during the month and the amount paid to date. If no payments are made to a DBE/SBE during the month, enter a zero ($0.00) payment.

a Paid invoices or a certification attesting to the actual amount paid to each firm, upon completion of the individual DBE's and SBEs work. In the event the actual amount paid is less than the award amount, provide a complete explanation ofthe difference.

Maintain all such records for a period of three (3) years following acceptance of final payment. Make these records available for inspection by the Department and FHWA.

If DBE credit is being claimed for material costs included in a DBE subcontract or agreement, submit purchase orders for the material to the Inspector-in-Charge on a monthly basis.

EXHIBIT N Page 9 of 9 pl A n i e s o nly i f A g r e e m e nt i s _fe de r al llt -funde d

DBE Special Requirements Engineering

The engineer shalf attain the Disadvantaged Business Enterprise goal that applies to the totaf cost of the agreement and all supplements thereto, or in the afternative a showing of good farth effort by the engineer shalf be made. Documentation of good faith effort shaff be made by the engineer and subject to the concurrence of the Department. The folfowing is a fist of types of actions that shoufd be considered as part of the engineer's good faith efforts to obtaln DBE participation. It is not intended to be a mandatory checkllst. nor is it intended to be exclusive or exhaustive. Other factors or types of efforts may be relevant in appropriate

A. Solrciting through all reasonabfe and available means (e.9. attendance at pre-bid meetinqs, advertising and,/or written notices) the interest of alf certified DBEs who have the capabilrty to perform the work of the contract. The engineer must solicit this interest wlthin sufficient time to affow the DBEs to respond to the soficitation. The engineer must determine with certainty if the DBEs are interested by taking appropriate steps to follow up initiaf solicitatlons. B. Selectlng portions of the work to be performed by DBEs in order to increase the fikelihood that the DBE goals wilf be achieved. This includes, where appropriate, breaking out contract work items into economically feasible units to facifitate DBE participat.ion, even when the prime might otherwise prefer to perform Lhese work items with its own forces. C. Providing interested DBEs with adequate information about the p1ans, specifications, and requirements of the contract ln a timely manner to assist them ln responding to a so1lcltation.

D. ( 1 ) Negotiating in good faith wrth interested DBEs. It is the englneer's responsibillty to make a portion of the work availabfe to DBE subcontractors and suppliers and to sefect those port-lons of the work or material needs consistent wlth the avaifabfe DBE subcontractors and suppliers, so as to facilitate DBtr participation. Evidence of such negotiation includes the names, addresses, and telephone numbers of DBEs that were consldered,. a description of the information provided regarding the plans and specifications for the work sefected for subcontracting; and evidence as to why additional agreements could not be reached for DBEs to perform the work. (2) A engineer using good business judgment would consider a number of factors in negotiatlng with subcontractors, lncludlng DBE subcontractors, and woufd take a flrm's price and capabilitles as well as contract goals into consideration. However, the fact that there may be some additionaf costs involved in finding and using DBEs is not in itseff sufficlent reason for a enqlneer's failure to meet t-he contracL DBE goal, as long as such costs are reasonabfe. Also, the ability or desire of a prime to perform the work of a contract with its own organization does not relieve the engineer of the responsibility to make good faith efforts. Primes are not, however, required

Exhibit O Page 1 of2 qr e e e s e r --fu e App I i e s o nl:t if A m n t i -fe d a I l]) nd d to accept higher quotes from DBEs if the price difference is excessive or unreasonable.

E. Not rejecting DBEs as being unqualified without sound reasons based on a thorough investigation of their capabilities. The firm's standing wrthin its industry, membership in specific groups, organizations, or associations and potitical or soclaf affifiations (for example union vs. non-union employee status) are not legitimate causes for the rejection or non-soficitation of bids rn the firm's efforts to meet the project goal. F. Making efforts to assist interested DBEs in obtaining bonding, lines of credlt, or insurance as required by the recipient or firm. G. Making efforts to assist interested DBEs in obtaining necessary equipment, supplies, materials, or refated asslstance or services. H. Effectively using the services of avallable minority,/women community organizations; minorrty/women contractors' groups,' focaf, state, and Federaf mlnority,/women business assistance offices,' and other organizations as affowed on a case-by-case basis to provlde assistance in the recruitment and placemenL of DBEs.

Exhibit O Page2 of2 The United States Department of Transportation (USDOT) Standard Title Vl/llon-Discrimination Assurances DOT Order No. 1050.2A

The Subrecipient (herein referred to as the "Recipient"), hereby agrees that, as a condition to receiving any Federal financial assistance from the U.S. Department of Transportation (DOT), through its various operating administrations and bureaus, which include but are not limited to, the Federal Highway Administration (FHWA), Federal Transit Administration (FTA), Federal Aviation Administration (FAA), Office of the Secretary, National Highway Traffic Safety Administration, and Federal Motor Carrier Safety Administration (FMCSA), is subject to and will comply with the following:

Statutorv/Regulatorv Authorities

a Title VI ofthe CivilRights Act of 1964 (42 U.S.C. $ 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); a 49 C.F.R. Part 21 (entitled Non-discrimination In Federally-Assisted Programs Of The Department Of Transportation-Effectuation Of Title VI Of The Civil Rights Act Of 1964); o 28 C.F.R. section 50.3 (U.S. Deparlment of Justice Guidelines for Enforcement of Title VI of the Civil Rights Act of 1964); and a 49 C.F.R. part 303 (FMCSA's Title VIA'{ondiscrimination Regulation).

The preceding statutory and regulatory cites hereinafter are referred to as the "Acts" and "Regulations," respectively.

General Assurances

In accordance with the Acts, the Regulations, and other pertinent directives, circulars, policy, memoranda, andlor guidance, the Recipient hereby gives assurance that it will promptly take any measures necessary to ensure that:

"No person in the United States shall, on the grounds of race, color, or national origin, be excludedfrom participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity, 'for which the Recipient receives Federal financial assistance from DOT, including, but not linited to, the FHWA, FTA, FAA, Office of the Secretary, National Highway Trffic and Safety Administration, and the FMCSA.

The Civil Rights Restoration Act of 1987 clarified the original intent of Congress, with respect to Title VI and other Non-discrimination requirements (The Age Discrimination Act of 7975, and Section 504 of the Rehabilitation Act of 1973), by restoring the broad, institutional-wide scope and coverage of these nondiscrimination statutes and requirements to include all programs and activities of the Recipient, so long as any portion of the program is Federally assisted.

Exhibit P

Page 'l of 10 Snecific Assurances

More specifically, and without limiting the above general Assurance, the Recipient agrees with and gives the following Assurances with respect to its Federally assisted program that is the subject of this Agreement.

The Recipient agrees that each "activity," "facility," or "program," as defined in $$ 21.23(b) and2l.23(e) of 49 C.F.R. $ 21 will be (with regard to an "activity") facilitated, or will be (with regard to a "facility") operated, or will be (with regard to a "program") conducted in compliance with all requirements imposed by, or pursuant to the Acts and the Regulations.

2. The Recipient will insert the following notification in all solicitations for bids, Requests For Proposals for work, or material subject to the Acts and the Regulations made in connection with the federally-assisted transportation program and, in adapted form, in all proposals for negotiated agreements regardless of funding source:

"The Recipient, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C. SS 2000d to 2000d-4) and the Regulations, hereby notffies all bidders that it will ffirmatively ensure that any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be affordedfull andfair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in considerationfor an award."

3. The Recipient will insert the clauses of Appendix A and E of this Assurance in every contract or agreement subject to the Acts and the Regulations.

4. The Recipient will insert the clauses of Appendix B of this Assurance, as a covenant running with the land, in any deed from the United States effecting or recording a transfer of real property, structures, use, or improvements thereon or interest therein to a Recipient.

5. That where the Recipient receives Federal financial assistance to construct a facility, or part of a facility, the Assurance will extend to the entire facility and facilities operated in connection therewith.

6. That where the Recipient receives Federal financial assistance in the form, or for the acquisition of real property or an interest in real propefty, the Assurance will extend to rights to space on, over, or under such property.

7. That the Recipient will include the clauses set forth in Appendix C and Appendix D of this Assurance, as a covenant running with the land, in any future deeds, leases, licenses, permits, or similar instruments entered into by the Recipient with other parties:

a. for the subsequent transfer of real property acquired or improved under the applicable activity, project, or program; and

Exhibit P

Page 2 of 10 b. for the construction or use of, or access to, space on, over, or under real property acquired or improved under the applicable activity, project, or program.

8. That this Assurance obligates the Recipient for the period during which Federal financial assistance is extended to the program, except where the Federal financial assistance is to provide, or is in the form of, personal property, or real propefty, or interest therein, or structures or improvements thereon, in which case the Assurance obligates the Recipient, or any transferee for the longer of the following periods:

a. the period during which the property is used for a purpose for which the Federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits; or b. the period during which the Recipient retains ownership or possession of the property.

9. The Recipient will provide for such methods of administration for the program as are found by the Secretary of Transportation or the official to whom he/she delegates specific authority to give reasonable guarantee that it, other recipients, sub-recipients, sub-grantees, contractors, subcontractors, consultants, transferees, successors in interest, and other participants of Federal financial assistance under such program will comply with all requirements imposed or pursuant to the Acts, the Regulations, and this Assurance.

10. The Recipient agrees that the United States has a right to seek judicial enforcement with regard to any matter arising under the Acts, the Regulations, and this Assurance.

By signing this ASSURANCE, the Recipient also agrees to comply (and require any subrecipients, sub-grantees, contractors, successors, transferees, and/or assignees to comply) with all applicable provisions goveming the federal agencies' access to records, accounts, documents, information, facilities, and staff. You also recognize that you must comply with any program or compliance reviews, andlor complaint investigations conducted by the federal agencies. You must keep records, reports, and submit the material for review upon request to the federal agencies, or their designee in a timely, complete, and accurate way. Additionally, you must comply with all other reporting, data collection, and evaluation requirements, as prescribed by law or detailed in program guidance.

Recipient gives this ASSURANCE in consideration of and for obtaining any Federal grants, loans, contracts, agreements, property, and/or discounts, or other Federal-aid and Federal financial assistance extended after the date hereofto the recipients by the U.S. Department of Transportation under the federally-assisted program. This ASSURANCE is binding on the Commonwealth of Pennsylvania, other recipients, sub-recipients, sub-grantees, contractors, subcontractors and their subcontractors', transferees, successors in interest, and any other participants in the federally- assisted program. The person(s) signing below is authorized to sign this ASSURANCE on behalf of the Recipient.

Exhibit P Page 3 of 10 APPENDIX A

Duringthe performance of this contract, the contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the "contractoro') agrees as follows:

1. Compliance with Regulations: The contractor (hereinafter includes consultants) will comply with the Acts and the Regulations relative to Non-discrimination in Federally- assisted programs of the U.S. Department of Transportation (U.S. DOT), through its various operating administrations and bureaus, which include but are not limited to, the Federal Highway Administration (FHWA), Federal Transit Administration (FTA), Federal Aviation Administration (FAA), Office of the Secretary, National Highway Traffic Safety Administration, and Federal Motor Carrier Safety Administration (FMCSA), as they may be amended from time to time, which are herein incorporated by reference and made apart ofthis contract.

2. Non-discrimination: The contractor, with regard to the work performed by it during the contract, will not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The contractor will not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations, including employment practices when the contract covers any activity, project, or program set forth in Appendix B of 49 CFR Part 21.

3. Solicitations for Subcontractsr lncluding Procurements of Materials and Equipment: In all solicitations, either by competitive bidding, or negotiation made by the contractor for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier will be notified by the contractor of the contractor's obligations under this contract and the Acts and the Regulations relative to Non-discrimination on the grounds of race, color, or national origin.

4. Information and Reports: The contractor will provide all information and repofts required by the Acts, the Regulations, and directives issued pursuant thereto and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Recipient or the U.S. DOT, through its various operating administrations and bureaus, which include but are not limited to, the FHWA, FTA, FAA, Office of the Secretary, National Highway Traffic Safety Administration, and FMCSA, to be pertinent to ascertain compliance with such Acts, Regulations, and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to fumish the information, the contractor will so certify to the Recipient or the U.S. DOT, through its various operating administrations and bureaus, which include but are not limited to, the FHWA, FTA, FAA, Office of the Secretary, National Highway Traffic Safety Administration, and FMCSA, as appropriate, and will set forth what efforts it has made to obtain the information.

Exhibit P Page 4 of 10 5. Sanctions for Noncompliance: In the event of a contractor's noncompliance with the Non- discrimination provisions of this contract, the Recipient will impose such contract sanctions as it or the U.S. DOT, through its various operating administrations and bureaus, which include but are not limited to, the FHWA, FTA, FAA, Office of the Secretary, National Highway Traffic Safety Administration, and FMCSAmay determine to be appropriate, including, but not limited to:

a. withholding payments to the contractor underthe contract until the contractor complies; and/or b. cancelling, terminating, or suspending a contract, in whole or in part.

6. Incorporation of Provisions: The contractor will include the provisions of paragraphs one through six in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, the Regulations and directives issued pursuant thereto. The contractor will take action with respect to any subcontract or procurement as the Recipient or the U.S. DOT, through its various operating administrations and bureaus, which include but are not limited to, the FHWA, FTA, FAA, Office of the Secretary, National Highway Traffic Safety Administration, and FMCSA may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the contractor becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such direction, the contractor may request the Recipient to enter into any litigation to protect the interests of the Recipient. In addition, the contractor may request the United States to enter into the litigation to protect the interests of the United States.

Exhibit P

Page 5 of 10 APPENDIX B

CLAUSES FOR DEEDS TRANSFERRING UNITED STATES PROPERTY

The following clauses will be included in deeds effecting or recording the transfer of real property, structures, or improvements thereon, or granting interest therein from the United States pursuant to the provisions of Assurance 4:

NOW, THEREFORE, the U.S. Department of Transportation as authorized by law and upon the condition that the Commonwealth of Pennsylvania, Department of Transportation will accept title to the lands and maintain the project constructed thereon in accordance with the Legislative Authority applicable under this Agreement, the Regulations for the Administration of the federally-assisted program, and the policies and procedures prescribed by the U.S. Department of Transportation's its various operating administrations and bureaus, which include but are not limited to, the FHWA, FTA, FAA, Office of the Secretary, National Highway Traffic Safety Administration, and FMCSA of the U.S. Department of Transportation in accordance and in compliance with all requirements imposed by Title 49, Code of Federal Regulations, U.S. Department of Transportation, Subtitle A, Office of the Secretary, Part27, Non-discrimination in Federally-assisted programs of the U.S Department of Transportation pertaining to and effectuating the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat.252;42 U.S.C. $ 2000d to 2000d-4), does hereby remise, release, quitclaim and convey unto the Commonwealth of Pennsylvania, Depaftment of Transportation, all the right, title and interest ofthe U.S. Department of Transportation in and to said lands described in Exhibit A attached hereto and made a part hereof.

(HABENDUM CLAUSE)

TO HAVB AND TO HOLD said lands and interests therein unto the Commonwealth of Pennsylvania, Department of Transportation and its successors forever, subject, however, to the covenants, conditions, restrictions and reservations herein contained as follows, which will remain in effect for the period during which the real property or structures are used for a purpose for which Federal financial assistance is extended or for another purpose involving the provision of similar services or benefits and will be binding on the the Commonwealth of Pennsylvania, Department of Transportation, its successors and assigns.

The the Commonwealth of Pennsylvania, Department of Transportation, in consideration of the conveyance of said lands and interests in lands, does hereby covenant and agree as a covenant running with the land for itself, its successors and assigns, that (1) no person will on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of,, or be otherwise subjected to discrimination with regard to any facility located wholly or in part on, over, or under such lands hereby conveyed [,] [and]* (2) that the Commonwealth of Pennsylvania, Department of Transportation will use the lands and interests in lands and interests in lands so conveyed, in compliance with all requirements imposed by or pursuant to Title 49, Code of Federal Regulations, U.S. Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Non-discrimination in Federally-assisted programs of the U.S. Department of Transportation, Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations and Acts may be B

Exhibit P Page 6 of 10 amended [, and (3) that in the event of breach of any of the above-mentioned non-discrimination conditions, the Department will have a right to enter or re-enter said lands and facilities on said land, and that above described land and facilities will thereon reveft to and vest in and become the absolute property of the U.S. Department of Transportation and its assigns as such interest existed prior to this instruction].*

(*Reverter clause and related language to be used only when it is determined that such a clause is necessary in order to make clear the purpose of Title VI.)

Exhibit P Page 7 of 10 APPENDIX C

CLAUSES FOR TRANSFER OF REAL PROPERTY ACQUIRED OR IMPROVED UNDER THE ACTIVITY, FACILITY, OR PROGRAM

The following clauses will be included in deeds, licenses, leases, permits, or similar instruments entered into by the Commonwealth of Pennsylvania, Department of Transportation pursuant to the provisions of Assurance 7(a):

A. The (grantee, lessee, permittee, etc. as appropriate) for himself/herself, his/her heirs, personal representatives, successors in interest, and assigns, as a part ofthe consideration hereof, does hereby covenant and agree [in the case ofdeeds and leases add "as a covenant running with the land"] that:

1. In the event facilities are constructed, maintained, or otherwise operated on the property described in this (deed, license, lease, permit, etc.) for a purpose for which a U.S. Department of Transportation activity, facility, or program is extended or for another purpose involving the provision of similar services or benefits, the (grantee, licensee, lessee, permittee, etc.) will maintain and operate such facilities and services in compliance with all requirements imposed by the Acts and Regulations (as may be amended) such that no person on the grounds of race, color, or national origin, will be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities.

B. With respect to licenses, leases, permits, etc., in the event of breach of any of the above Non- discrimination covenants, the Commonwealth of Pennsylvania, Department of Transportation will have the right to terminate the (lease, license, permit, etc.) and to enter, re-enter, and repossess said lands and facilities thereon, and hold the same as if the (lease, license, permit, etc.) had never been made or issued.*

C. With respect to a deed, in the event of breach of any of the above Non-discrimination covenants, the Commonwealth of Pennsylvania, Department of Transportation will have the right to enter or re-enter the lands and facilities thereon, and the above described lands and facilities will there upon revert to and vest in and become the absolute property of the Commonwealth of Pennsylvania, Department of Transportation and its assigns.*

(*Reverter clause and related language to be used only when it is determined that such a clause is necessary to make clear the purpose of Title VI.)

Exhibit P

Page B of 10 APPENDIX D

CLAUSES FOR CONSTRUCTION/USE/ACCESS TO REAL PROPERTY ACQUIRED UNDER THE ACTIVITY, FACILITY OR PROGRAM

The following clauses will be included in deeds, licenses, permits, or similar instrumentslagreements entered into by the Commonwealth of Pennsylvania, Department of Transportation pursuant to the provisions of Assurance 7(b):

A. The (grantee, licensee, permittee, etc., as appropriate) for himself/herself, his/her heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree (in the case ofdeeds and leases add,'oas a covenant running with the land") that (1) no person on the ground of race, color, or national origin, will be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities, (2) that in the construction of any improvements on, over, or under such land, and the furnishing of services thereon, no person on the ground of race, color, or national origin, will be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination, (3) that the (grantee, licensee, lessee, permittee, etc.) will use the premises in compliance with all other requirements imposed by or pursuant to the Acts and Regulations, as amended, set forth in this Assurance.

B. With respect to (licenses, leases, permits, etc.), in the event of breach of any of the above Non- discrimination covenants, the Commonwealth of Pennsylvania, Department of Transportation will have the right to terminate the (license, permit, etc., as appropriate) and to enter or re-enter and repossess said land and the facilities thereon, and hold the same as if said (license, permit, etc., as appropriate) had never been made or issued.*

C. With respect to deeds, in the event of breach of any ofthe above Non-discrimination covenants, the Commonwealth of Pennsylvania, Department of Transportation will there upon revert to and vest in and become the absolute property of the Commonwealth of Pennsylvania, Department of Transportation and its assigns.*

(*Reverter clause and related language to be used only when it is determined that such a clause is necessary to make clear the purpose of Title VI.)

Exhibit P

Page 9 of 10 APPENDIX E

During the performance of this contract, the contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the "contractor") agrees to comply with the following nondiscrimination statutes and authorities; including but not limited to:

Pertinent Non-Discriminafion,Authorities:

a Title VI ofthe Civil Rights Act of 1964 (42 U.S.C. $ 2000d et seq.,78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21. a The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. $ 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because ofFederal or Federal-aid programs and projects); a Federal-Aid Highway Act of 1973, (23 U.S.C. $ 324 et seq.), (prohibits discrimination on the basis ofsex); a Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. S 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part27; a The Age Discrimination Act of 1975, as amended, (42 U.S.C. $ 6101 et seq.), (prohibits discrimination on the basis of age); o Airport and Airway Improvement Act of 1982, (49 USC 5 477, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); a The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964,The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all ofthe programs or activities of the Federal- aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not); a Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. $$ 12131- 12189) as implemented by Department of Transportation regulations at 49 C.F.R.parts37 and 38; a The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. 5 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); a Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures Non-discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; a Executive Order 13166,lmproving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of Limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); a Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq.). E

Exhibit P Page 10 of 10 LOBBYING CERTIFICATION FORM (applies only if Agreement is Federally Funded) fExhibit needs to be printed, completed ffiine, and then scanned and attached]

Certification for Contracts, Grants, Loans, and Cooperative Agreements

The undersigned certifies, to the best of his or her knowledge and belief, that:

(1) No federal appropriated funds have been paid or will be paid, by or on behalfofthe undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement.

(2) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, Disclosure of Lobbying Activities, in accordance with its instructions.

(3) The undersigned shall require that the language ofthis certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certifu and disclose accordingly.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed under Section 1352, Title 3l, U. S. Code. Any person who fails to file the required certification shall be subject to a civil penalty ofnot less than $10,000 and not more than $100,000 for such failure.

S]GNATURE

TITLE

DATE

Exhibit a

Enclosure I to Management Directive 305.16 Amended

Page 1 of3 DISCLOSURE OF LOBBYING ACTIVITIES Approved by OMB Complete this form to disclose lobbying activities pursuant to 31 U.S.C. 1352 0348-0046 reverse for ublic burden disclosure. 1. Type of Federal Action: 2. Status of Federal Action: 3. Report Type: ttf l a. contract I a. bid/offer/application [-l a. initialfiling ' 'b. grant ' b. initialaward b. materialchange c. cooperative agreement c. post-award For Material Change Only: d. loan year quarter e. loan guarantee date of last report f. loan insurance 4. Name and Address of Reporting Entity: 5. lf Reporting Entity in No. 4 is a Subawardee, Enter Name I erime I subawardee and Address of Prime: Tier _, if known

Conqressional District, if known'. 4c Conqressional District, if known 6. Federal DepartmenUAgency: 7. Federal Program Name/Description

CFDA Number, if applicable:

8. Federal Action Number, if known 9. Award Amount, if known $ 10. a. Name and Address of Lobbying Registrant b. lndividuals Performing Services (including address if (if individual, last name, first name, MI): different from No. 1Aa) (last name, first name, MI):

form is authorized by title 31 U.S.C. section 11 lnformation requested through this Signature 1352. This disclosure of lobbying aclivities is a material representation of fact upon which relian@ was placed by the tier above when this transaction was made or entered into. This disclosure is required pursuant to 31 U.S.C. 1352. This Print Name: information will be available for public inspection. Any person who fails to file the required disclosure shallbesubjecttoa civilpenaltyofnotless than $10,000and Title not more than $100,000 for each such failure. Telephone No. Date:

Authorized for Local Reproduction Federal Use Only Standard Form LLL (Rev. 7-97)

Exhibit Q Page 2 of 3 INSTRUCTIONS FOR COMPLETION OF SF-LLL, DISCLOSURE OF LOBBYING ACTIVITIES

This disclosure form shall be completed by the reporting entity, whethersubawardeeor prime Federal recipient, at the initiation or receipt of a covered Federal action, or a materialchange to a previous filing, pursuant to title 31 U.S.C. section 1352. The filing of a form is required for each paymenl or agreementto make paymentto anylobbyingentityfor influencing orattemptingto influencean officeroremployeeof anyagency,a Memberof Congress, an officer oremployeeof Congress, or an employeeof a Memberof Congress in connectionwith a covered Federalaction. Completeall items thal applyfor both the initialfiling and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information.

'1 . ldentify the type of covered Federal action for which lobbying activity is and/or has been secured to influence the outcome of a covered Federal action.

2. ldentify the status of the covered Federal action

3. ldentifiTtheappropriateclassificationof thisreport. lf thisisafollowupreportcausedbyamaterial changetotheinformationpreviouslyreported,enter the year and quarter in which the change occurred. Enter the date of the last previously submitted report by this reporting entity for this covered Federal action.

4. Enterthefull name,address,city,Stateandzipcodeofthereportingentity. lncludeCongressionalDistrict,if known.Checktheappropriateclassification of the reporting entity that designates if it is, or expects to be, a prime or subaward recipient. ldentify the tier of the subawardee, e.g., the first subawardee of the prime is the 1st tier. Subawards include but are not limited to subcontracts, subgrants and contract awards under grants.

5. lf the organizationfiling the report in item 4 checks "Subawardee,"then enter the full name, address, city, State and zip code of the prime Federal recipient. lnclude Congressional District, if known.

6. Enter ihe name of the Federal agency making the award or loan commitment. lnclude at least one organizationallevel below agency name, if known. For example, Department of Transportation, United States Coast Guard.

7. Enter the Federalprogram name or description for the covered Federal action (item 1). lf known, enter the full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans, and loan commitments.

8. Enter the most appropriate Federal identifoing number availablefor the Federal action identified in item 1 (e.9., Request for Proposal (RFP) number; lnvitationfor Bid (lFB) number; grant announcementnumber; the contract, grant, or loan award number; the application/proposal control number assigned by the Federal agency). lnclude prefixes, e.9., "RFP-DE-90-001."

9. For a covered Federal action where there has been an award or loan commitment by the Federal agency, enter the Federal amount of the award/loan commitment for the prime entity identified in item 4 or 5.

1 0. (a) Enter the full name, address, city, State and zip code of the lobbying registrant under the Lobbying Disclosure Act of 1 995 engaged by the reporting entity identified in item 4 to influence the covered Federal action.

(b) Enter the full names of the individual(s) performing services, and include full address if different from 10 (a). Enter Last Name, First Name, and Middle lnitial (Ml).

11. The certifoing official shall sign and date the form, print his/her name, title, and telephone number

According to the Paperwork Reduction Act, as amended, no persons are required to respond to a collection of information unless it displays a valid OMB Contro Number. The valid OMB control number for this information collection is OMB No. 0348-0046. Public reporting burden for this collection of information is estimatedto average'10 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintainingthe data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection ol information, including suggestions for reducing this burden, to the Office of Managementand Budget, Paperwork Reduction Project (0348-0046), Washington, DC 20503.

Exhibit Q Page 3 of 3 FEDERAL F'UNDING ACCOUNTABILITY AND TRANSPARENCY ACT (FFATA)

The Subgrantee must complete Federal Funding Accountability and Transparency Act (FFATA) form attached here. This form is to be completed and incorporated as part of this agreement.

Failure to provide accurate information for the Subgrantee named as a party to this agreement or to complete the FFATA form will cause the inability of the Commonwealth to process this grant and resulting in delay or loss of funds to the Subgrantee. The Subgrantee's documentation will be considered incomplete until such time that Subgrantee provides accurate FFATA information.

(a) Registration and Identification Information - The Subgrantee must maintain current registration in the Central Contractor Registration (www.ccr.gov) at all times during which they have active federal awards funded pursuant to this agreement. A Dun and Bradstreet Data Universal Numbering System (DLTNS) Number (www.dnb.com) is one of the requirements for registration in the Central Contractor Registration. Subgrantee must provide its DIINS number, and DUNS + 4 number if applicable, to the Commonwealth along with the signed grant agreement.

(b) Primary L,ocation - Subgrantee must provide to the Commonwealth the primary location of performance under the award, including the city, State, and zip+4. If performance is to occur in multiple locations, then Subgrantee must list the location where the most amount of the grant award is to be expended pursuant to this grant agreement.

(c) Compensation of Officers - Subgrantee must provide to the Commonwealth the names and total compensation of the five most highly compensated officers of the entityif-

l. the entity in the preceding fiscal year received-

a. 80 percent or more of its annual gross revenues in Federal awards; and

b. $25,000,000 or more in annual gross revenues from Federal awards: and

c. the public does not have access to information about the compensation of the senior executives of the entity through periodic reports filed under section 13(a) or 15(d) of the Securities Exchanges Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986. If the Subgrantee does not meet the conditions listed above, then it must specifically affirm to the Commonwealth that the requirements of this clause are inapplicable to the Subgrantee. Subgrantee must provide information responding to this question along with Subgrantee's retum of the signed grant agreement. The Commonwealth will not process this grant until such time that Subgrantee provides such information responding to this question.

Exhibit R

Page I of3 Federal Funding Accountability and Transparency Act Sub-recipient Data Sheet Grantee must provide information along with Grantee's return of the signed grant agreement. The Commonwealth will not process the grant until such time that Grantee provides such information. DUNS NUMBER

DUNS Number:

DLrNS Number +4 (if applicable)

UNSTRUCTIONS: Grantee must provide its assigned DTINS number, and DUNS * 4 number if applicable. Grantee must maintain current registration in the Central Contractor Registration (www.ccr.gov) at all times during which they have active federal awards funded pursuant to their sub- grant agreement. A Dun and Bradstreet Data Universal Numbering System @LINS) Number (www.dnb.com) is one of the requirements for registration in the Central Contractor Registration.l

PRIMARY LOCATION City: State: Zip+4:

IINSTRUCTIONS: Grantee must provide to the Commonwealth the primary location of performance under the award, including the city, State, and zip code including -digit extension. If performance is to occur in multiple locations, then Grantee must list the location where the most amount of the gant award is to be expended pursuant to the Eantagreement.]

COMPENSATION OF' OFFICERS

Officer lName: Officer I Compensation: By marking the Officer 2 Name: following box Officer 2 Compensation: Grantee affirms Officer 3 Name: they do not meet Officer 3 Compensation: the conditions for reporting highly Officer 4 Name: compensated Officer 4 Compensation: officials Officer 5 Name: Officer 5 Compensation:

Exhibit R

Page2 of 3 INSTRUCTIONS: Grantee must provide to the Commonwealth the names and total compensation of the five most highly compensated officers of the entity if-- (i) the entityin the preceding fiscal yearreceived-

(I) 0 percent or more of its annual gross revenues in Federal awards; and (II) 0,000 or more in annual gross revenues from Federal awards: and

(ii) the public does not have access to information about the compensation of the senior executives of the entitythrough periodic reports filed under section 13(a) or 15(d) of the Securities Exchanges Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 ofthe Intemal RevenueCode ofl 986. If the Grantee does not meet the conditions listed above, then it must specifically affirm to the Commonwealth that the requirements of this clause are inapplicable to the Grantee.

Exhibit R

Page 3 of3 MONTGOMERY TOWNSHIP BOARD OF SUPERVISORS BOARD ACTION SUMMARY

SUBJECT: Consider Authorization to Auction Surplus Assets

MEETING DATE: May 13,2019 ITEM NUMBER: F12 MEETING/AGENDA: ACTION XX NONE

REASON FOR CONSIDERATION: Operational: XX Policy: Discussion: lnformation

INITIATED BY: J. Scott Bendig BOARD LIAISON: MichaelJ. Fox Chief of Police Chairman, Board of SuPervisors

BACKGROUND:

The Second Class Township Code provides that personal property owned by the Township, with an estimated fair market value of which is one thousand dollars ($1,000) or more, may only be sold by public bid or auction to the highest bidder after notice by advertisement'

The Township, by resolution, is authorized to dispose of surplus vehicles and other assets through the online auction company Municibid. Municibid charges a consignment fee to the buyer of 10% and no charge to the seller. Township'staff would handle the administration of the bid. The Township will need to meet the advertisement requirements as outlined in the Second Class Municipal Code.

The Township has the following equipment available to be sold at auction this year: . 2014 Dodge Charger VIN: 2C3CDXKT6EH360544 Mileage: 91,752 o 2014 Dodge Charger VIN: 2C3CDXKT2EH280030 Mileage: 90,157

ZONING. SUBDIVISION OR LAND DEVELOPMENT IMPACT:

None

PREVIOUS BOARD ACTION:

None

ALTERNATIVES/O PTI.O NS:

None

BUDGET IMPACT:

ln 2018, the Township received $7,150.00 from the sale of Police vehicles via a public auction process.

RECOMMENDATION:

It is recommended that the Board authorize the sale of the following equipment via public auction through Municibid: . 2014 Dodge Charger VIN: 2C3CDXKTOEH360544 Mileage: 91,752 o 2014 Dodge charger VIN: 2C3CDXKT2EH2B0030 Mileage: 90,157 MOTION/RESOLUTION:

BE lT RESOLVED by the Board of Supervisors of Montgomery Township that we hereby authorize the sale at auction of the following Township equipment through Municibid: o 2014 Dodge Charger VIN: 2C3CDXKT6EH360544 Mileage: 91,752 o 2014 Dodge Charger VIN: 2C3CDXKT2EH280030 Mileage: 90,157

MOTION SECOND:

ROLL CALL:

DISTRIBUTION: Board of Supervisors, Frank R. Bartle, Esq. MONTGOMERY TOWNSHIP BOARD OF SUPERVISORS BOARD ACTION SUMMARY

SUBJECT: Presentation of Year{o-Date 2019 Budget Report

MEETING DATE: May 13, 2019 ITEM NUMBER: {f.ll' MEETING/AGENDA: ACTION NONE

REASON FOR CONSIDERATION: Operational: Policy: Discussion: xx lnformation

INITIATED BY: AmiTarburton BOARD LIAISON: Candyce Fluehr Chimera-Chairman Finance Director Liaison - Finance Committee

BA9KGROUND:

The Finance Department has completed a Year-to-Date 2019 Budget Report, as of April 30, 2019 Please see the attached documentation.

ZONING. SUBDIVISION OR LAND DEVELOPMENT IMPACT:

None.

PREVTOUS,BOARD.ACTIQN:

None.

ALTERNATTVES/OPTI9NS:

None.

BUDGET IMPACT:

None.

RECOMMENDATION:

Accept the Year-to-Date budget report.

DISTRIBUTION: Board of Supervisors, Frank R. Bartle, Esq Montgomery Township lnter-Office Memo

To: Lawrence J. Gregan, TownshiP r.

From: Ami Tarburton, Finance Director

Date: May 10,2019

Subject April2019 Financial Reports Analysis

Attached you will find financial reports for the month ending April 30, 2019. This memo will serve as a brief analysis of the following reports and charts:

o Statement of Changes in Fund Balances Report for General Fund as of April 30,2019

o Chart comparing the Local Enabling Tax receipts year-to-date to the same time period in 2018. o Chart showing the comparison of the General Fund's Projected Cash Balances in 2018 vs. 2019. Note that the year end fund balance projection for 2019 is based on actual revenues and expenditures as of April 2019 with the projected revenues and expenditures for May through December. The projected revenues/expenditures ate based on the monthly revenue and expenditures percentages from 2018 applied to the 2019 Budget.

o Earned Income Tax Revenue comparison report. o A copy of the Business Tax Monthly report, lnvestment Management Summary, and the Rec Center Operating Revenue and Expenditure Report for the month of April 2019. Analvsis of Statement of Ghanqes in Fund Balancq General Fund

IAoril 2019 vs April 2018

o Real Estate Tax Collections are down $337K compared to same period prior year due to the shifting of real estate millage of .15 mills from the General Fund back to the Debt Service Fund to fund scheduled debt service payments. March through April is known as the 'discount period'where residents receive a2o/o discount for payment during that time, and the bulk of these tax revenues will be collected during these months.

o Earned lncome Tax (ElT) collections in the General Fund are up $67K above April of the prior year.

o Real Estate Transfer Tax Revenues are up 390/o or $31K as compared to same period prior year. Receipts reported in April are for March, This increase is due to limited activity in 2018 and the fact that there have been numerous commercial real estate transactions through April of 2019.

o Mercantile Tax revenue collections are down 5o/o ot $94K as compared to same period prior year, The due date for this tax was March 15th. Revenue collections are highest during the months of February, March and April.

o Local Services Tax revenue collections are down $6K or4%. This decrease is largely due to the reduction of employees at the Township's Teva Pharmaceuticals. The first due date for employer remittances for 2019 was April 30th.

o Amusement tax receipts are down $9K as compared to same period prior year.

o Business Privilege Tax (BPT) receipts are up 9% ($ZtK) as compared to same period prior year. The due date forthis tax was March 15th. Revenue collections are highest during the months of February, March and April,

o Overall, tax revenues are downs 4ol0, about $277K, as compared to the same period last year. This decrease is due to the real estate tax millage which was shifted back to the Debt Service fund for 2019. a Other Revenue Sources

o Building Permit revenues are up 16% ($40K) as compared to same period 2018 due to numerous ongoing commercial projects. The primary season for this revenue source is spring into summer, o Cable Franchise Fees are down slightly by $500 as compared to same period 2018.

o Overall revenues are down 3% or $203K compared to April2018 due to the planned redirection of real estate tax millage revenue to the Debt Service Fund.

a Expenditures

o Overall, yearto-date expenditures are up 10% as compared to same period prior year. This increase can be attributed to the police department, stemming from the delay of 2018 salary/wage increases due to the police arbitration, along with an increase in capital replacement purchases. MONTGOMERY TOWNSHIP STATEMENT OF CHANGES IN FUND BALANCE GENERAL FUND AS OF APRIL 30,2019

ADrll DOLLAR PERCENT

VAR]ANCE VARIANCE o/a 2019 2019 Yo al 2018 2018 ol 2018-2019 2014-2018 BUDGET ACTUAL TOTAL BUDGET ACTUAL TOTAL ACTUAL (1) (2t (3) {4} (5) (6) t2- 5l 5l

REVENUES

Taxes Real Estate Tax 1,816,700 1,660,651 23.8o/o 2,156,412 1,997,895 27.9o/o t337.2il41 Earned lncome Tax 5,350,000 1.611,287 23.1% 5,350,000 1,544,436 21.6o/o 66,850 4.3i Real Eslate Transfer Tax 850,000 112,80Q 1.60/o 850,000 81,385 1.1o/o 3{.4t5 38.60lo Mercantile Tax 2,175,000 1,5',t5,222 27.5o/o 2,070,000 2,009,395 28.Oo/o ts1.t74t Local Services Tax 577,500 150,076 2.ZYo 577,500 155,712 2.20/o (5,636t Amusement Tax 68,000 9,077 O.1o/o 63,000 18,261 o.3% (s.t84l -543o/o Business Privilege Tax 71 70.839 Total Taxes 6,334,530 91.0o/o 11,956,912 6,611,663 92.3o/o t277.1331

Permits and Licenses Building Permits 657,500 282,777 4.1o/o 570,500 243,248 3.4o/o 39.529 15 39 Cable TV 610,000 147,849 2.10k 61 0,000 148,31 1 2.1Yo {4621 -0.3Yo All Others O.7nl" 20.006 38.30/. Total Permils and Licenses ,367,500 1,273,500 443, 59,O72

Other Sources Fines 175,000 56,678 0.8o/o 175,000 50,868 O.7o/o 6.810 lnlerest 50,000 21,142 A.3o/o 32,410 10,677 Q,1YO 10,466 98.Oo/o Grants 662,790 4,038 a.10h 572,000 6,091 0.1% t2.0531 -33.7n/o Department Services 101 ,900 40,879 0.6% 81,900 42,833 0.6% t't.9601 Other Financing Sources O.Oo/o 80 000 2_'l9.1 )6S,6S0 126,08 941 0 11 1 .5o/o I 5.255 13.8?/o TOTAL REVENUES r202-806r -2.$Yo

EXPENSES

Administration 1,385,641 374,526 1O.1o/o 1,396,311 371,324 11.1o/o 3,202 Finance & lT 989,990 272,198 7.4o/o s72,160 307,491 9.2o/o 135.233t '11.54/o Police 7,302,072 2,213,048 59.8% 6,979,053 1.784.560 53j% 428.488 24.Oo/. Code 928,500 228,402 6,2Yo 874,270 231.705 6.9% 13.303t Public Works 2,612,814 613,825 16.6% 2,288,710 645,569 19.3Y0 t31.7451 -4.9% Other Financing Uses 0.0% 0.0Yo

TOTAL EXPENSES 100.0% 12 1 361,349 10.8%

t 3.825.577 1564.1551 -14.7o1o

INCOMING TRANSFERS 608,120 252,804 537.900 47,297 205.508 OUTGOING TRANSFERS (1 ,789,680) (658,634) (2,192.384) (614,913) (43,7211 7.1o/o

1 1402.3681 -12.40/L

BEGINNING FUND BALANCE 3,048,640 3,048,640 3,019,533 3,019,533 2C.107 1.AYo

ENDING FUND BALANCE 2,872,453 5,904,233 3,426,267 6,277,493 {373.26,l I -5.9%

N:\Shared\Finance\Monthly reporting\201g\scfb for April 2019 monthly report MONTGOMERY TOWNSHIP STATEMENT OF CHANGES IN FUND BALANCE GENERAL FUND AS OF APRTL 30, 2019

DOLLAR PERCENT

April VARIANCE VARIANCE 2019 Monihly 2019 YTD 2019 Monthlv Budqet Itonthlv Budoet Budget BUDGET ACTUAL to Actual to Actual (1) (2t

REVENUES

Taxes Real Estate Tax 1 ,591 ,913 1 ,816,700 1,660,651 68-738 3.8e/o Earned lncome Tax 2,046,678 5,350,000 1,611,287 {435.392t -8.1o/o Real Estate Transfer Tax 159,437 850,000 1 12,800 t46.536) -5.5% Mercantile Tax 2,042,196 2,175,O44 1,915,222 {126,974} -5.8o/o (1 Local Services Tax 259,212 577,500 150,076 09.1 35) -18.9o/a Amusement Tax 15,835 68,000 9,077 t6.758) -9.9% Business Privilege Tax 45.638 4.8o/o (610.6191 Total Taxes 6,945,149 6,334,530 -5.201

Permits and Licenses Building Permits 260,900 657,500 282,777 21,877 3.3o/o Cable TV 244,640 610,000 147,849 {96.79't) -15.90/o All Others 16.310 18.3o/o Total Permits and Licenses 1,367,500 {58.604) -4.3o/o

Other Sources (12.033 Fines 68,711 175,000 56,678 -6.9"1 25.5o/o lnterest 8,41 1 50,000 21,142 12.732 (10.9461 Grants 14,984 662,790 4,038 -1.7% Department Services 29,365 101 ,900 40,879 11,514 't1.3% a Other Financing Sources 359 o.4% Total Other Sources 1.626 o.2% 7 (667.59n -4.7Yo TOTAL REVENUES "963.421

EXPENSES

Adminiskation 358,1 86 1,385,641 374,526 16.339 1.2% Finance & lT 269,257 989,990 272,198 2.941 A3Yo Police 1,986,421 7,302,072 2,213,048 226.627 3.14) Code 223,000 928,500 228,402 6,401 0.6% Public Works 631 ,333 2,612,814 613,825 {17.5081 -0.7% Other Financing Uses

o TOTAL EXPENSES 1 .701,998 233,801 1.8o/o

(901.3981 -27.6e/o Local Enabling Tax Revenue Comparison 2018 - 20{9 As of April 30, 2019

$5,000,000 $4,673,87s $4,613,768 $4,500,000

$4,000,000

c2018 Revenues

t2019 Revenues $2,5oo,ooo

$2,009,395 $1,915,222 $2,0oo,ooo $1,il4,436 $1 1 $1,500,000

$875,417 $l,ooo,ooo $804,578

$500,000 $150,076 $155,712 $81,385 $112,800 $18,261 $9,077 $o & {d .1''* {"+ ("+ {"* (* .gt -oso ^p ^c ."c-d."-p -.""" "$" GENERAL FUND CASH BALANCE 2018 ACTUAL VS 2019 PROJECTION AS OF APRIL 30, 20{9

$7,oo0,ooo ',1"'flgS\^ $6,000,000 ,--*t - rl \ l. \. $5,904,232.71 $5,m0,000 I Y IIJ \ o ,/ \ z $4,000,000 a r. $3,298,639.79 J o $2,957,936.87 $3,000,000 zo f $2,860,534.22 IL $2,592,084.91 $2,000,000 +2018 ",r*2019 ${,000,000

$0 ft- {e{ t""" ts* J .o-"n {e'B ..."" "C """C ...""" "/ MONTH gash Balance - General Fund 2018

Beginning Bal Revenues Expendltures Ending Balance January $3,019,532.65 $381,295.60 $540,294.03 $2,86A,534.22 February $2,860,534.22 $1,791 ,560.72 $993,815,45 $3,658,279.49 March $3,658,279.49 $2,682,339.37 $1 ,383,156.28 $4,957,462.58 April $4,957,462.58 $2,358,327.11 $1,038,296.25 $6,277,493.44 May $6,277,493.44 $1,939,776.52 $1,516,548.96 $6,600,721.00 June $6,600,721.00 $717,796.31 $1,298,266.01 $6,020,251.30 July $6,020,251.30 $425,113.74 $1 ,1 32,310.36 $5,313,054.68 August $5,313,054.68 $1,373,742.68 $1,020,090.93 $5,666,706.43 September $5,666,706.43 $1 ,017,046.80 $1,234,144.09 $5,449,609.14 October $5,449,609.14 $316,291.27 $1,259,270.45 $4,506,629.96 November $4,506,629.96 $1,342,387.54 $1 ,130,454.46 $4,718,563.04 December (prior to $4,718,563.04 $578,356.14 $1,998,279.39 $3,298,639.79 surplus balance transfer) FINAL $14,824,033.80 $14,544,926.66 FINAL BUDGET $14,709,622.00 $14,70?387.34 ovER/(UNDER) $1 14,41 1"80 ($157,960.68) ovER/(UNDER) A.78o/o -1.074/o

General Fund Cash lance Proiection 2019

January $3,048,639,79 $402,937.52 $493,640.44 $2,957,936.87 February $2,957,936.87 $1,611,663.86 $1,227,654.48 $3,341,946.65 March $3,341,946 65 $3,169,933.95 $1,650,742.78 $4,861 ,137.82 April $4,861 ,137.82 $2,031,689.46 $988,594.57 $5,904,232.71 May $5,904,232.71 $1,940,828.48 $1,564,904.68 $6,180,156.52 June $6,180,1 56.52 $718,206.74 $1,339,661.69 $5,558,701.56 July $5,558,701.56 $425,356,81 $1 ,168,414.49 $4,815,643.89 August $4,815,643.89 $1,374,528.17 $1,052,616.90 $5,1 37,555.15 September $5,137,555.15 $1 ,017,628.33 $1,273,495.22 $4,881 ,688.27 October $4,881 ,688.27 $316,472.12 $1,299,422.75 $3,898,737.64 November $3,898,737.64 $1 ,343,',|55.10 $1 ,166,499.41 $4,075,393.33 December $4,075,393.33 $578,686.84 $2,061,995.26 $2,592,084.91 PROJECTED $14,831,087.39 $15,287,642.27 BUDGET $14,832,510,00 $15,008,696.94 ovER/(UNDER) ($1,422.61) $278,945.33 ovER/(UNDER) -O.01o/o 1.860/o EIT Revenues - All Funds 2014 - 201 9

2014 2015 2016 2417 2018 2019 Actual Actual Actual Actual Actual January $ 249.949.20 $ 138,265"04 $ 1 .99 78.37 $ 194,158.87 A February $- 813,824.55 $ 906,222.69 _$ _ ?54,271.37 960,043.66 i $ 911.999.88 $ 945,745.66 A March $ 292,691.28 $ 401,711:77 .8 455,774.99 $ 262,112.84 $_, _ 2_I1,329fi- $- 2_84,"0_97:09 A April 1,222,97?:1 1,243,122.05 1,243,122.05 E May $ 380,377.66 $ .'!,_09-11984:60 . $ .1.1131,146.20 " $ 0 $ $ June $ 708,867_46 $ 378,503.55 $ 270,744.99 $ 291,948.88 $ ?81,972.97 $ 281,972.97 E July $ 318,251.22 $ 188,684.52 $ 103,934 80 I $ 1 22t.752.55 $ 148,680.16 $ 148,680.16 E August $ 564,576.4A $ 752.386.09 $ 890,739.12 $ 14$ 89$ .89 E 260,76 September $ 533,453 $ 456,139.99 s 254,262j4$ 244,795.18 $ 9.75 $ "..?6,o.t7se_:7t*,E October $ 172,352.63 $ 127.735.05 $ 148,233,140_ q _ _ 81 $ 1 146. :t_3--8rup:1-6_. E November $ .01 $ 628,963.75 $ 900,021.95 $ 904,467.46.$ 8-95,F13j,00.$ 89q,613:00 E December $ 479,479.59 $ 569,028.17 $ 332,696.79 $ 263,872.85 i $ 203,188.93 $ 203,188.93 E Subtotal collections $ 5,509,792.13 S 5,852,207.54 $ 5,858,053.15 $ 5,734,501.91 $ 5,732,712.16 $ 5,799,562.41

6.21Vo 0. 10o/o -2.11% -0.03% 1.17o/o BUSINESS TAX OFFICE MONTHLY REPORT Apr-19

NEW BUSINESSES ADDED TO TAX ROLLS

NAME Balaji Supermarket lnc. lntelius Christian Brothers Automotive New Era Travel Gamers Vault Redline Athletics lntegrated lmage, lnc. Xfinity

ACT 511 TAXES

Mercantile Bueiness Privileqe LST'OPT Amusemsnt RE Transfer EIT TOTALS 2018 YTD $2.041.820 $804.578 sl55.712 s18.261 s81.385 s1.544.436 s4.646.{93 2019 Budset $2.207.000 $950,000 s577.500 s68.000 0850.000 $5.350.000 $10.002.500 2019 YTD $1.517.572 $875.417 s{50.076 $9.077 ${12.800 $r.611,287 $4.706.629 Current Month $52.542 $54,{8S $1 5.150 $2.715 $50,s12 $299.825 $475.332 ,13.270/o o/o of Budoot 88.260/o 92.15o/" 25.99"/o 13.35% 3A12o/" 17.050/"

$6,000,000 $5,000,000 $4,000,000 $3,000,000 $2,000,000 $1,000,000 $o J"'{ "$ o2018 YID *'..c "."'d t"- 12019 8udg.l ""/r" .2019 YTD REAL ESTATE DEED REGISTRATIONS

The Township ceaeed preregistration ot Real E3tato Deed Transfers in Docomber 2008, The following informatlon l3 based on Deed Transfer lnformation provided by the Recorder of Deede Office along with the monthly Real Estate Transfer Tax.

TYPE #-oF UN|TQ AVG. PBJSE

NEW O $0 RESALE 24 $341,254 DEEDCHGS 9 N/A COMMERCIAL 1 $2,200,000 422 Stump Road INDUSTRIAL O $0 LAND 2 $o SHERIFF O $o TRANSFER TAXES PAID $50,9'11,51 Exhibit B

Montgomery Township Capital Reserve Fund (30) 4.30.19 Budgeted INCOMING OUTGOING BALANCE BEGINNING BALANCE ENDING 1t1t'tg 12131119 DESIGNATED RESERVES Expenditures REVENIJES EXPENDITURES TRANSFERS TRANSFERS Road Plan, curbing, sidewalk 1,601 Road Paving Paving Materials 0.00 2020 Curb, sidewalk & apron work and handicap I 5,000.00 2019 FavinE specs and construction oveFite 50,000,00 7.387.83 2019 Curb, sidewalk & apron work and handicap I 78,000.00 6,680.02 Extra curb, sidewalk and aprons 30,000.00 102,1 13.69 Non Liquid Fuel Curb & Sidewalk & Apron 659,780.00 74,710.8A Year Equipment Plan 1,513,724.59 1,380,375.31 Transfer to General Fund 608,1 30.00 1 19.455.00 252.4O4.28 and sidewalk - Public Safety - Engineering 71,441.55 71,U1.55 Equipment Plan 367,192.01 369,864.51 Transter to Fark Fund 0.00 2,672.54 Equipment Plan 't ,411,687 .47 't,41'.t,6E7.47 Ladder truck 't,200,000.00 Capital Replacement Trfr to Fire Fund 91,590"00 Equipment Plan 20,61 5.00 86,650.74 66,035.74 Building Parking Lot 100,000.00 100,000.00 Building Renovation 100,000.00 143,755.00 143,755.00 HVAC System Upgndes for Township Building 124,202.00 152382.95 152,382.95 Contingency 0.00 1,003,404.15 1,003,404.15 NPDES Permit 1,813.00 10.483.08 't35,674.25 127,004.17 TMDL Strategy/PRP Report 40,000.00 2019 MSR Annual Report 3,500.00 Water Pipe Replacement Reserue 887,033.20 887,033.20 Knapp Road Drainage - $608K Sassafras Drive Storm Pipe - $274K Rd Lane Expansion (Wegman's contribution) 260,500.75 260,500.75 Street Culvert Replacement Gontribution 74,500.00 80,000.00 80,000.00 Five Points Project 136,522.10 '133,649.10 Engineering and construclion/OveFite 't5,500.00 2,873.00 Street Lighting Plans and Bid Documenl Prep 18,500.00 Line Road lmprovements 3,447.68 3,447.68 County Line and Doylestown Rd Overeite 2,000.00 Route 63 ITS 7,437.50 7,437.50 OveFight and Design 1,000.00 lmprovements from DevelopeE 123,825.OO 123,825.OO Space 1 ,977 ,323.25 I,975,018.25 zehr 2,305.00 Capital Rehabilitation Plan 327,139.79 333,122.53 Powerline Trail 67,500,00 14,137.22 8,1 54.48 Spring Valley Crosswalk Design 25,000.00 Fellowship Park Tennis Court 187,839.00 Center 187 1A7.76 186,287.79 New Capital Equipment Reimb to Rec center 34,700.00 Replacement Capital Equipment Reimb to Rec Ce 4,460.00 Radios 40,5't 0.00 39,848.84 81,932.82 42,083.98

Reserves 3,461,811.00 314,1 68.09 10,8 t0,'t78.99 1 Exhibit B

INCOMING OUTGOING BALANCE BEGINNING BALANCE ENDING TRANSFERS 111119 't2t31t'19 UNDESIGNATED RESERVES DETAIL REVENUES EXPENDITURES TRANSFERS

Township Building Digital Sign 7,500"00 7,500.00 FINANCE Stand-up Desks 1,200.00 Window Treatments 3,500.00 4,700.00 INFORMANON TECHNOLOGY lP Handsets - Gigabit 96119 1,000 2,326.14 Chromebox License - Digital Signage 2,000 SSCM 2016 CALS (Qty.50) 3,300 Fiber Circuit Loop 45,000 BPS Meeting Twp Room Camera Upgrade 40,000 91,300 POLICE lnternal Biodirectional Antenna 19,000.00 5 office Chairs (lnvestigations/Communications 1,400.00 1,166.19 Faraday Box 1,600.00 1,533.70 Add'l computer Memory Storage {Body Camera} 5,000.00 5,2S3.35 Audio Visual Wi-Fi Secure Switch 2,050.00 1,923.69 lndustrial paper Shredder-Patrol Room 4,100.00 3,706.95 secured PrelirninarV Evidence Room Project 12,900,00 15,274.98 Accident Reconstructions Measuring Unit 3,000.00 2,915"55 Two Patrol Ritles 3,800.00 Simunition Safety Gear 2,700.00 Simunition Kits (12 Patrol Rifles/Handguns) 5,700.00 8,400.00 61,250.00 FIRE Vehicle Exhaust System - Battalion 1 14,000.00 Vehicle txhaust System - Battalion 2 9,000.00 Floor Refinishing - Battalion I 2,000"00 Fl0or Refinishing - Battalion 2 1,200.00 Interior Painting - Battalion 1 1 1,000.00

Re-insulation - Battalion 1 3,000.00 Outside card Reader - Battalion 2 1,800.00 4,800.00 PLANNING Comprehensive Plan Update 30,000.00 30,000.00 PARK AND RECREANON corcrete Tables and senches 3,000"00 3,000.00 Montgomery Elementary Walking Path 7,068.00 Windlestrae Park Drivewav 21,250.00 Xubota All-Terrain Mower 45,763.00 46,516.14 77,081.00 Subtotal 276,631.00 137.62 0.00 0.00 1 1

.84 11 ,721,678.59 Difference 0.00 sllo/2ot9

Montgomery Township Recreation Fund Operating Revenues and Expenditures As of April 30,20tg

YTD Balance Account 2019 Budget April30,2019 % of Budget

REVENUES:

EARNED INCOME TAX - Allocated from GF 140,000.00 46,666.67 33.33% 140,000.00 46,666.67 33.33%

RENTAL 115,790.00 48,258.75 41,.68Yo 1L5,790.00 48,258.75 41.58%

RECREATION PROGRAM FEES 131,000.00 44,O24.31 33.6LYo KIDS U REVENUE 252,000.00 243,443.25 95.59% MEMBERSHIPS 221,000.00 96,948.00 43.87% SHOP REVENUE/SALES 1,000.00 r.51,04 t5.LOYo SILVER SNEAKER INS REV 25,000.00 11,42L.0O 4s.68% GIFT CERTIFICATE SALES 2 000.00 3,2oo.oo 150.00% 632,000.00 399,L47.60 63.16%

FROM GENERAL FUND 200,000.00 66,566.67 33.33% FROM CAPITAL RESERVE 39,160.00 899.97 2.30% 239,160.00 67,566.64 28.25Yo

Total Revenues 1,126,950.00 561,639.55 49.84%

EXPENDITURES:

Administration: CONSULTING SERVICES 1,000.00 0.00 0.00To LEGAL SERVICES 1,000.00 0.00 0.00% BANK FEES 16,000.00 7,993.60 49.96% CAPITAL - NEW 34,700.00 t,399.97 4.03% 52,700.00 9,393.57 t7.82%

Page 1 of 2 s/ro/zots

Montgomery Township Recreation Fund Operating Revenues and Expenditures As of April 3A,20Lg

YTD Balance Account 2019 Budget April30,2019 % of Budget Recreation Center: TO NON-UNIFORMED PENSION t7,700.oo 5,028.57 28.4r% SATARIES 221,890.00 56,496.06 25.46Yo WAGES L05,050.00 26,436.38 25.1,6Ya OVERTIME 1,540.00 0.00 0.aoYo MEDICAL 69,920.00 20,282.26 29.01% soclAL sEcuRlw 25,100.00 6,309.18 25.L4%o EMPLOYEE BENEFITS 7,940.00 2,522.00 3L.76% OFFICE SUPPLIES 4,300.00 580.07 t3.49% OPERATING SUPPLIES 9,000.00 L,577.9L L7.53% VEHICLE FUEL 200.00 54.65 27.33% VEHICLE MAINTENANCE 500.00 305.75 6L.L5% PROFESSIONAL SERVICES L40,000.00 33,273.96 23.77% CONSULTING SERVICES 111,000.00 34,736.62 31.29% INFORMATION SERVICES 8,22O.00 455.43 5.54% COMMUNICATION 14,800.00 4,816.59 3254% PUBLIC INFORMATION 29,500.00 8,674.48 29.41o/o INSURANCE 23,340.OO 11,669.64 s0.00% WORKERS COMPENSATION 16,440.40 8,924.OO 54.28% PUBLIC UTILITIES 46,800.00 10,899.83 23.29% BUILDING MAINTENANCE 41,600.00 12,933.75 3t.09% EQUIPMENT MAINTENANCE 14,200.o4 3,679.32 25.9L% RENTALS 4,500.00 t,292.62 28.72% DUES AND SUBSCRIPTIONS 600.00 0.00 0.00% M EETINGS AND CONFERENCES 1,550.00 390.00 25.L6% CAPITAL - REPLACEMENT 4,460.00 0.00 A.OOo/o 920,160.00 251.,339.07 27.3L% Klds U: WAGES 90,260.00 94.88 o.tt% OVERTIME 1,030.00 0.00 A.OAYo SOCIAL SECURITY 7,100.00 0.00 a.ooo/o OFFICE SUPPLIES 2s0.00 0.00 CONSULTlNG SERVICES 53,000.00 5,642.74 1057% COMMUNICATION 1,950.00 61.70 3.L6% PUBLIC INFORMATION s00.00 0.00 O.OOlo 154,090,00 5,759.32 3.74% Total Expenditures 1,126,950.00 266,49t.96 23.65% Net Reve n ues/ Expe nd itu res 0.00 295,L47.69

Page 2 ol 2 s/Lo/2ots

N{ONTGO}dERY TOWNSF]IIP

GENERAL FUND BALANCE APRTL 30, 2019

This decrease is attributable to both a '$5.9o decrease inYTD revenues 2(J^19 as compared to zorS million (specifically real estate tax millage) and an increase in YTD expenses as compared to zor8 o Ioon (specifically Police $6.28 expenses, stemming from 2018 the delay in wage million increases due to the April zorB Arbitration decision).

t s/to/201.s

GENERAL FUND CASH BALANCE 2018 ACTUAL VS. 2019 PROJECTION AS OF APRIL 30, 2019

GENERAL FUND REVENUE COMPARISON YTD 2019 VS. YTD 2018

2oL9 2018 oZ Chanoe

Tax Revenue s6,334,53o $6,6rr,663 -40/o

Permits/Licenses Revenue 5oz,8oz 443,730 t3o/o

Other Revenue rz6,o88 rro,8?4 t4o/o

2 s/ro/zors

l,-O C,/\rL F N,1\P; L ! l\ G l-AX LR EVIE tN tLX E zorSi - 2o):-g eo ['Vi FAI(< t] si o [\l AS, Of-- /\PRNL 3to, 2o-l--s)

$5,000,000

$4,500,000

$4,000,000 I tr2018 Revenues

$3,500,000 !2019 Revenues

$3,000,000

$2,500,000

$2,000,000

$1,500,000

$1,000,000

$500,000

$0 4O' ,** ot* 4O' <* .p* -a- 'd :v oft ,*.o' ^to ,(s^$- ^"ts -c \$" -o(.' A-) ^\- F-^f"t ,.ut +d -"" ,."t"- a')"

EARINED II\COMXE TAX REVEINUE TRENID ALt FLJNiDS 2A11-2019

s6,000,000 $5,800,000 $5,772,441 $5,753,342

$5,793,633 $5,500,000 $5,732,712

$5,307,1 08 $5,000,000 s5,033,800

$4,777,242 $4,500,000

s4,285,766 s4,000,000 ^ol "*O ^o$ ^...tt ^$t ^\to "*$ ns\* "stt' *Jan' *"."'tt' *...t'"t' -.as"t' ,;."tt' -.*.*"t' -.-"t-' -..$'-.r*

3 s/to/201.s

GENERAL FUND EXPENSE COMPARISON YTD 2019 VS. YTD 2O1B

2o1_9 2018 % Chan e

Administration s374,526 $371-,324 to/o

Finance & lT z7z,:98 307,491 -tto/o

Police z,zt3,o48 tt784t56c z4o/o

Planning 2z9t4oz z3tlos -to/o

PublicWorks

Total $ ttvo

SU M MARY OF YEAR-TO-DATE 2org

Revenues Expenses Budget Performance Total revenues Overall increase in expenses are down 30z6 Performing compared to from zor8, within zorg stemming from zor8, due to budget the timing of parameters. the real estate retroactive tax millage wage increases Will continue to dedicated back awarded in monitor both to Debt Service Police revenues and fund in zor9. arbitration expenses for decision trends.

4 MONTGOMERY TOWNSHIP BOARD OF SUPERVISORS BOARD ACTION SUMMARY

SUBJECT: Consideration of Unbudgeted Expenditure -CRC Gymnasium Wall Padding

MEETTNG DATE: May 13,2019 ITEM NUMBen: C*14'

MEETING/AGENDA: WORK SESSION ACTION XX NONE

REASON FOR CONSIDERATION: Operational: XX Policy: Discussion: lnformation

INITIATED BY: Floyd Shaffer D LIAISON: MichaelJ. Fox, Chairman Commun and Recreation Center Di Board of Supervisors BACKGROUND: The Township's Liability lnsurance carrier, Delawa lley Property & Liability Trust (DVLPT), recently issued a recommendation to member municipalities who offer high-intensity indoor athletic activities in their facility, that they have any exposed hard wall su rfaces protected with industry standard wall padding to the extent feasible. While we had previously installed padding on exposed edge surfaces in the gyms, this DVPLT's recommendation calls for the installation of fixed or portable padding systems to all hard wallsurfaces

The wall padding recommendation was discussed at the April 1Oth, 2019 meeting of the Montgomery Township Comriunity Recreation Center (Mont CRC) Advisory Committee. The Committee unanimously recommended that siaff pursue the installation of fixed wall padding for the Northeast and Southwest walls of the CRC gymnasium which are the opposite ends of the full size basketball courts.

The cost to purchase Lineal feet of Model SP-Safety Series Softwall Wainscot wall padding (sections 2' x 6' x2" thictj is $16,287.00. The materials are proposed to be purchased from Degler Whiting lnc. under the PA Gooperative Purchasing Program (COSTARS) contract # 014-147 .

ZONING, SUBDIVISION OR LAND DEVELOPMENT IMPACT: None

PREVIOUS BOARD ACTION: NONE.

ALTERNATIVES/OPTIONS: None.

BUDGET IMpACT: The unbudgeted expense of $16,287.00 would be assigned to account # 08-400- 4700 (Capital New).

RECOMMENDATION: Although not originally contemplated in the 2019 Final Budget, is recommended @rvisorslpprovethepurchaseof231LinealfeetofModelSP-SafetySeriesSoftwall Wainscot wall padding from Degier-Whiting lnc. in the amount of $16,287.00 under the COSTARS purchasing program contract 014-147 .

MOTION/RESOLUTION:

BE lT RESOLVED by the Board of Supervisors that we hereby approve the purchase of 231 Lineal feet of Modet Sp-safety Seiies Softwall Wainscot wall padding from Degler-Whiting lnc. in the amount of $16,287.00 underthe cosTARS purchasing program contract 014-147. .

MOTION SECOND

ROLL CALL:

DISTRIBUTION: Board of Supervisors, Frank R. Bartle, Esq DXGLER - WEIIIINGINL. WE SERYICE: WEIAT IVE $ETT.

531 W. Lancaster Ave. Frazer, PA 19355 (p) 510-6aa-3157 {f} 510-644-601e [email protected] April29,2A19

TO: Montgomery Township Recreation Center PROJECT: Protective Wall Wainscot ATTN: Floyd Shaffer by Safety Padding Ink PH: {2r5) 474-89L7 EMAIL: f shaf ferGmontgomerytwp . orq CO-STARS: AI4-147 Recreation & Fitness Equipment

Appre.ialirg this opporiunily to serve you, w" srbmil, t'o€ following proposal lo sell ihe maieriaL or equipnenl as described anC priceci herein. Subjecl ac all ihe terns ancl conditions staied herein. ?erms: Net 15 Dayg

File propose to furnish and instaLL the following Protective WaLL Pads as manufactured by Safety Padding fnk, HatJroro, PA: West Wall One hundred one (101) lineal feet of Model SP-Safety Series softwall wainscot not including columns

East Wal1 One hundred lhirty (130) lineal feet of Model SP-Safety Series softwall wainscot not including columns Pads to be 2' x 6' x 2" thick in manufacturer's standard vinyl /coLors

Total price delivered and installed $15,287 . 00

AlternaLe:

Ncrth Wa1ls Ninety-eight (98) lineal- feet of Model SP-Safety Series softwall urainscol in between columns Total price deLivered and installed: /ADD $ 8,994.00 thls proposai is Eutljeci ta ihe iollowing ccnditi;ns: L. AJ.eprsnce 3y 5/I0/20L9 2.3ui1dinq ?logress r;o Per:mir Dell'/ery i; ccmpleiion c: Inslaltatiar B? 7112/2079 i. F.iai, Laoi i i',y o?-liITElTEli.- If rne Jr nore of rhese conditions car,nol be mei, llle price{si quotecl nay b€ subject lo esaatali.on based on increasecl rosls 'j'!ile:o ma:erials lo be reiained by DECLER-?lHITiflc, Iflc. iltltri 10C"r Paici. Requesls ior Ce:t,iiiaaies rf Irsurance wi:h addicioeal lnsr:eC end!rsemenls vrii.l require an rpcharge tc a!r qtrcae,

?RICES.A:it i'iRt"1 rCli 3C D.a_iS ERO!1 tA.Tr Oa QUOTAT;OiI Ut{l,ESS NOTTD CTHiRTTISE Submitted By: Richard A. Whi-ting , Jr. DEGLER-V{HI [\ [r rNC

Accepted by By: MONTGOMERY TOWNSHIP BOARD OF SUPERVISORS BOARD INFORMATION SUMMARY Mav 8.2019

SUBJECT: 2019 Arbor Day Recap

MEETING DATE: May 13, 2019 ITEM NUMBER: d+t5' I

MEETING/AGENDA: WORKSESSION ACTION NONE

REASON FOR CONSIDERATION: Operational: Policy: Discussion: xx lnformation:

INITIATED BY: Marianne McConnell BOARD LIAISON: MichaelJ. Fox, Deputy Zoning Officer Board of Supervisors Chairman

BACKGROUND: The Shade Tree Commission has been celebrating Arbor Day with an annual tree give away to Township residents for the past 23 years. The idea to give residents trees began in 1997 with the Township's "2,000 trees by 2000" campaign. The event was so successful the first year the Commission scheduled a second tree give away for the residents; 1,000 trees were handed out to residents in 1997 and 949 trees in 1998. The annual event has been a continued tradition and an ongoing effort to keep Montgomery Township "green". (newspaper article from the first years attached) This year, the event was held on Saturday, April 27th at the Community and Recreation Center. The day's event included the distribution of all270 trees to residents, and the presentation of the 2018 Tree City USA Certification and Growth Award to Montgomery Township.

The 23rd annual Arbor Day Tree Give Away proved to be successful again this year and the Commission thanks the Board for their continued support of this program throughout the years.

ZONING, SUBDIVISION OR LAND DEVELOPMENT IMPACT:

PREVIOUS BOARD ACTION:

ALTERNATIVES/O PTI ONS :

BUDGET IMPACT:

RECOMMENDATION:

MOTION/RESOLUTION:

None,

DISTRIBUTION: Board of Supervisors, Frank R. Bartle, Esq TI-IEREPORTER SATUROAY, MAY 3, Ig97 PAOEAI

tltore trces to be distributed ry lrtHl.tElt t. OUF;Y leftn" O'Brien said. "When I Sldf Writer IFYOUGO rnoved here, the to*'rchip was M0I{TGOMERY TVIIP. - Ttre about 90 percent gre€n. I thir* it's torvnship's "2,000 trees by fl)fl)" WHAT: Second Arbor Day tree incumbent upon m to try to get as campaign is bearing fruit. In faet, distribution much green as possible." residents coveted the $foot bees tilHERE: Township building at He'd better ar"rive early, somuctr thata second dishibution Horsham and Stump roads acuording to Rodriguez. is being held today. WHEN: Today from 1 1 a.m. to 1 p.m. "I nrrived at I o'clock (on April On April 19, the first 5m h€es ,li"appeared 19) and there were people walking within a half-how, "They're gorgeous," Gillespie off with trcesalready," hetoldthe leaving other residents whocame said. "They're tiny at this point. township supenrisors at tlrcir throughotrt the day the option of Weareso thrilled." April2l mwting. signing up for the second givea- She said the three maples will wayof five trees perresident" Superuisor Chairman Richard be partrered with eacli of her Rollerwas pleased. "We're halfway there," said children care. tlree for "We're was so gratifying that Roy Rodrigr%, shade tree com- pretending each some "It tose tree is it worked so beautifully," be said. mission member, of the "2,000 body's. Ttrey each get a hee." trffi by fiX)" project. $ean,6, Casey,3, and l?-month- So were the other zuprvisors. His initist concern had been old Maggie will nurture the sa. So much so that they apprwed that only a handful of residenb plings. spending $4,ffi for Sm moFe would take advantage of the op Bob O'Brien is hoping he gets to trres. portunity. the township building at the rlght Trees disbibutd today will in- "We were very apprehersive time today. He showed up too laie clude lttlashington hawthorne, about having 500 hees and at the April 19. American hornbeam, hrlip tnees, end of the day having {i0 left," "When I went down, there was service berry, grcen ash, river Rodrigua said. a sign saying there was none birchand redmaple. The opposite proved to be the casre. Susan Gillespie of Honseshoe [,ane was one of the lucky ones, She showed up at the tlwnship building before gotng toDeliaware for a party. Tte Gillespies got (b PTCTURF' thrce maples and two pin oaks" r*, ), Tr Flct r'$*x' MONTGOMERY TOWNSHIP BOARD OF SUPERVISORS BOARD ACTION SUMMARY

SUBJECT: Highlights of the Successful E-Recycling Event- April 27,2019

MEETING DATE: May 13,2019 ITEM NUMBER: + l5'L MEETING/AGENDA: ACTION NONE

REASON FOR CONSIDERATION: Operational: Policy: Discussion: xx lnformation

INITIATED BY: Stacy Crandell D Matthew W. Quigg Assistant to the Townsh Ma Board Liaison to EAC

BACKGROUND:

On April 27,2019, the Environmental Advisory Committee (EAC) hosted their fourth annual e-recycling event. This past year, the Township collected and recycled almost 33,000 pounds of recycling and had an estimated 400-500 cars come through to recycle electronics.

Attached are the recycling reports from the last four years. From the reports, it is evident that the program is very successful. Please note the 2018 report was from another vendor and that report was in quantity versus pounds.

TC)NING SI IR VIqtnNt OR r aNn ntr\/trt trNtT il\tpanT. None

PREVIOUS BOARD ACTION: None.

ALTERNATIVES/O PTIONS : None.

BUDGET IMPACT: None.

REGOMMENDATION None.

MOTION/RESOLUTION: None.

DISTRIBUTION: Board of Supervisors, Frank R. Bartle, Esq efoFse recycling

Gertificate of Recycli ng fnvoice #: 12727 Date: 412612016 Client Address: Date Received: 412312016 Consumer Montgomery Township Reference #: Verbal 1001 Stump Road Montgomeryville,PA 1 8936 Stacy Crandell

Description Qtv U/M AirConditioners 1,457 tb Microwave 820 tb Dehumidifiers 390 tb TV's 8,835 tb Pri nter/ScanneriPeri pherals 5,673 lb PC TowerlDesktop 1,994 tb Wire 395 tb Weight Total- 19,564

eForce Compliance ceftifies acceptance of material from the above client and that the material has been destroyed, refined and disposed ofin accordance with regulatory guidelines, policies and procedures as identified in our e-Stewards and ISO I 400 I certifications and that all data media has been destroyed or wiPed.

I certify thst ffte irfornrction contained fn thb docurnent ir true snd mcursfe

JAY SEGAL. PRES|NE}*T

eForce Compliance certifies acceptance ofmaterial referenced on this document and the material referenced has been destroyed, r'efined. and disposed ofin accordance with standard industry and regulatory guidelines, policies, and procedures. €force recyclins

Gertificate of Recycli ng lnvoice #: 14420 Date: 412912017 Client Address: Date Received: 412912017 Consumer Montgomery Township Reference #: VERBAL 1001 Stump Road Montgomeryville,PA 1 8936 Stacy Crandell

Description Qtv U/M Microwave/Dehum idifiers/AC units 1,340 Ib TVs 3,910 tb Printer/Scanner/Peripherals 2,871 tb General Waste 817 tb PC Tower/Desktop 888 tb **wei ght collected 9826

eForce Compliance certifies acceptance of material from the above client and that the material has been destroyed, refined and disposed ofin accordance with regulatory guidelines, policies and procedures as identified in our e-Stewards and ISO 14001 certifications and that all data media has been destroyed or wiped.

t certtfy fhef ffte irformafion rsntd$ed in fftis docuruerf {i true cnd mcurde.

JAY5E6AL" PRESIDEHT

l*r' eForce Compliance certifies acceptance ofrnaterial referenced on this doculnent and the rih material referenced has been destroyed, refined, and disposed ofin accordance with standard g industry and regulatory guidelines, policies, and procedures. E-Waste Experts- Recycling Event Details for 2018 (April 7, 2018 Event)

Item atv Misc. E-Waste * 8341 CRT TVs 7496 LCD TVs 2994 Rear Projection TVs 2506 Wood CRTs 348 Wood Speakers 488 PC's (computers and laptops) 4775 Printers 2030

Total cars in 4

*Misc. E-Waste refers to Consumer products such as stereos, Cd DvD, household goods, clock radios remote controls... the list goes on and on eforce r+cy{llil$

Certificate of Recycli ng fnvoice #: 17943 Date: 412912019 Client Address Date Received: 412712019 Consumer Montgom ery Township Reference #: VERBAL 1001 Stump Road Montgomeryville,PA 1 8936 Stacy Crandell

Description Qtv U/M

Recycling & Disposal--EWASTE NON-CED-ANYTHING WITH A PLUG 1 SATURDAY EVENT-gAM-12 Dehumidifiers, AC Units, Microwaves 3,114 tb TV's 15,330 tb Pri nter/Scanneri Peri pheral s 10,284 lb General Waste 1,435 tb PC Tower/Desktop 2,779 lb TOTAL WEIGHT 32,942 POUNDS

I certily ffisf tfte irfo,rrndion cnntsined in this dacuneerf is true snd ocrurdfe.

JAYgfGAL. PRETIDEI.IT

eForce Compliance certifies acceptance ofmaterial teferenced on this docurnent and the material referenced has been destroyed, refined, and disposed ofin accordance with standard industry and regulatory guidelines, policies, and procedures. MONTGOMERY TOWNSHIP BOARD OF SUPERVISORS BOARD ACTION SUMMARY

SUBJECT: Consider Professional Services Proposal- Ash Tree Forestry Management Phases 4 - 7 -Timberlink Consulting, LLC

MEETING DATE: May 13, 2019 ITEM NUMBER: # lb.

MEETING/AGENDA: EXECUTIVE SESSION

REASON FOR CONSIDERATION:

Operational: Policy: Discussion:XX lnformation:

INITIATED BY: Bruce Shoupe BOARD L Michael J. Fox, Township Supervisor Director of Planning and Zoning Liaison to Shade Tree Commission

BACKGROUND:

The Emerald Ash Borer (EAB) is an invasive forest insect from Asia responsible for the deaths of millions of ash trees throughout the eastern half of the U. S. and Canada. The EAB infests and kills weak and healthy ash trees alike, and all species of ash native to North America are vulnerable to EAB attack.

The Township Public Works Department has been very active cutting down trees throughout the parks and open space areas that are dying or have died and pose a potential threat of falling and causing property damage and/or injury. To address this issue we have also continued with the Ash Tree Forestry Management Forestry Program to identify high risk trees on Township properties along property lines, trails, roads and sidewalks for felling or removal by professional contractors.

Attached is a proposalfrom Curt Eshleman, Timberlink Consulting, LLC for professional services to continue to assist the Township with the Ash Tree Forestry Management Project and monitor contract compliance for the remaining phases (4 through 7). This firm also worked with the Shade Tree Commission to perform the original survey work and draft the township forestry management plan.

PREVIOUS BOARD ACTION:

At their September 24,2018 meeting, the Board of Supervisors, accepted the proposal (copy attached) from Timberlink Consulting, LLC to provide consulting services at an hourly rate $75.00 per hour not to exceed $7500.

ALTERNATIVES/O PTIONS:

None

BUDGET IMPACT

The funding for this service will be charged to the Shade Tree Fund

RECOMMENDATION:

It is recommended that the Board of Supervisors accept the proposal from Curt Eshleman, Certified Forester, Timberlink Consulting LLC, dated April 29, 2019, to perform risk assessment as a result of the Emerald Ash Borer located in various areas of Montgomery Township park and open space properties and to monitor contract compliance of tree professionals in the felling and or removal of high-risk ash trees in Phases 4, 58, 6, and 7 of the Ash Tree Forestry Management Project at the hourly rate of $75.00 per hour effective on or after May 14,2019 not to exceed a total amount of $3,000. MOTION/RESOLUTION:

BE lT RESOLVED by the Board of Supervisors of Montgomery Township that we hereby accept the proposalfrom Curt Eshleman, Certified Forester, Timberlink Consulting LLC, dated April 29, 2019, to perform risk assessment as a result of the Emerald Ash Borer located in various areas of Montgomery Township park and open space properties and to monitor contract compliance of tree professionals in the felling and or removal of high-risk ash trees in Phases 4, 58, 6, and 7 of the Ash Tree Forestry Management Project at the hourly rate of $75.00 per hour effective on or after May 14,2019 not to exceed a total amount of $3,000.

MOTION SECOND VOTE:

ROLL CALL:

Tanya Bamford Aye Opposed Abstain Absent Candyce Chimera Aye Opposed Abstain Absent Jeffrey W. McDonnell Aye Opposed Abstain Absent Matthew Quigg Aye Opposed Abstain Absent MichaelJ. Fox Aye Opposed Abstain Absent

DISTRIBUTION: Board of Supervisors, Frank Bartle, Esq. TIMBERLINK CONSULTING, LLC , A Professional Forestry Consulting Company

PROPOSAL*

iIATE: Aprit 29?W19

TOr Montgom€ry Township, Attn" Marianne McConnell

FROMI Curt Sshlem*n, Timberlink Consultingo LLC

SIFE: Various Open Space properties, located in Montgomery Township, Montgome ry Count5ro Pen nsylva n ia"

TIMBERX,INI{ WII,,L P .EV.PE.i

Risk ass€s$rnent of the ash resource as a result sf the Emerald As& Borer {EAB) loeated in various areas of Montgomery Township park nnd open space properties. Monitor contract compliance of tree prof,essionals in the felting and or reynsval qf high-risk ash trces in Fhases 4, 58, 6, and 7 of the Mcntgomery Township Ash Tree Rernoval projeet

3trRMS; $75.00 hourly rate

*This proposal is etf,ective or! *r after lVley lr2;0tg

Montgornery Township Tinberlink LLC Curtis R. Eshlennana* managing member

?99{l Yarkshire Road' I}oylestgwr\ FA. 18902 CMTFED FORESTER@ Of,fice: 215.348.7557. Fax: 215.489.1083 . CelL 215:262.5384 l+O*r*trt"* JoCI€sF{@-"n€r priatcdon*,u*t"lpar* $l MONTGOMERY TOWNSHIP BOARD OF SUPERVISORS BOARD ACTION SUMMARY

SUBJECT: Consider End of Maintenance Period and Final Escrow Release - 1390 Welsh Road - LDS 681 MEETING DATE: May 13, 2019 ITEM NUMBER: + t1' MEETING/AGENDA: WORK SESSION ACTION NONE

REASON FOR CONSIDERATION: Operational: XX lnfr:rmation: Discussion: Policy

INITIATED BY: Bruce Shoupe BOARD LIAISON: MichaelJ. Fox Director of Planning and Zoning Chairman

BACKGROUND:

Attached is a release of construction escrow for the 1390 Welsh Road as recommended by the Township Landscape Architect. This will end the maintenance period for this development. The current amount of the Letter of Credit is $ 39,567.81.

The release of this Letter of Credit will close this account, as all public improvements have been satisfactorily completed.

ZONING, SUBDIVISION OR LAND DEVELOPMENT IMPACT: None

PREVIOUS BOARD ACTION: None

ALTERNATIVES/O PTIONS:

Approve or not approve the construction escrow release

BUDGET IMPACT: None.

RECOMMENDATION:

That the construction escrow be released and the maintenance period be ended.

MOTION/RESOLUTION:

The Resolution is attached.

I\NOTION SECOND VOTE

ROLL CALL:

DISTRIBUTION: Board of Supervisors, Frank B. Bartle, Esq Resolution #

WHEREAS, a request for final release of construction escrow was received from Allan

Nappen for the 1390 Welsh Road land development, LDS 681, in the amount of $ 39,567.81

(held as a Letter of Credit with Univest Bank) on the representation that work set forth in the Land

Development Agreement to that extent has been completed; and

WHEREAS, said request has been reviewed by the Township Engineer and Landscape

Architect, who recommend that the escrow be released, as all public improvements have been satisfactorily completed at the end of the Maintenance Period.

NOW, THEREFORE, BE lT RESOLVED BY the Board of Supervisors of Montgomery

Township that we do hereby authorize the above noted release in accordance with the developer's request, and the officers of the Township are authorized to take the necessary action to obtain release of these funds. This will end the maintenance period for this project.

BE lT FURTHER RESOLVED that this release is continsent upon all Township fees beinq paid.

The action of the Board in releasing these funds will close this escrow account.

MOTION BY:

SECOND BY VOTE:

DATE:

xc: Applicant, J. Dougherty, B. Shoupe, Finance Department, M. Gambino, Minute Book, Resolution File, File

Bruce S. Shoupe, Director of Planning and Zoning l'lrrnlrrirrvillc l'roltslic,rul luiLling

1456 icrry lloirri, liuildiru 50{J

lhylr:11rwr;, P/r ill9{}1

':l5 34:).9400

lirx ll 5 34]i 9401 Boucher & James, lnc" l n \l \ tJ l-i 1 i\] | | lt l, I l\l ,: l: " 1 ?756 liirrirorli ilrive AN €MPLOYEg OWNED COMPANY ilrorrls|urg, ll'r 1 B3lri) .1. . VA. rt {r.,l3{\}

I rx i l 8.6')l ti'.146

l,{u iling: April30, 2019 l.{}. liox 691

l'iirrtorrsvilli:. l'lr I 83'll Mr. James P. Dougherty, P.E. Gilmore & Associates, Inc. li5! irlrrin Strml,Suilc ?il0 llrlllrlcItnr, fli I801 li 65 E. ButlerAve. Suite 100 t\{}-419-r407 New Britain, PA 18901 kxllll4l9l4t)1, _ SI.JBJECT: 1390 WELSH ROAD NAPPEN ASSOCIATES wv.rx,Il!*l git;c.:t s,coil END OF MAINTENANCE INSPECTION 02 TOWNSHIP LD/S NO.681 PROJECT NO. 1555287R

Dear Mr. Dougherty:

Please be advised that on April 23, 201 9 and April 29 , 20 1 9 as requested by Allan Nappen on April 4, 2019,I conducted an inspection of landscaping installed at 1390 Welsh Road in accordance with the approved landscape plans, prepared by Glackin Thomas Panzak, dated December 17,2014 and last revised December 1, 2015.

In order to end the maintenance period, all plant material must be alive (as defined by Section 245-49.G of the SLDO), be in acceptable health, and provided, installed and maintained in accordance with the approved plan details and specifications'

All landscaping has been provided in accordance with the approved landscape plan and is acceptable to end the maintenance period. Please do not hesitate to contact me if you have any questions or require further information.

Sincerely, /aua K fl,.ry"t Valerie L. Liggett, ASLA, R.L.A. ISA Certified Arborist@ Plannerllandscape Architect VLl/kam

ec: Board of Supervisors Lawrence Gregan, Township Manager Bruce Shoupe, Director of Planning attdZoning Mary Gambino, Project Coordinator, Planning and Zoning Marianne McConnell, Deputy Zoning Offi cer Allan I. Nappen, Nappen Associates Vincent Pileggi, Vince Pileggi Landscaping

P:V015\1555287R\Docurnents\Corespondcnce\lrtter.To.JDougherty.EOM002'doc MONTGOMERY TOWNSHIP BOARD OF SUPERVISORS 1." BOARD ACTION SUMMARY SUBJECT: Consider Construction Escrow Release 5, LDS 694 - Higher Rock Partners - Phasel MEETING DATE: May 13,2019 ITEM NUMBER: #t8a". MEETING/AGENDA: WORK SESSION ACTION XX NONE

REASON FOR CONSIDERATION: Operational: XX lnformation: Discussion: Policy:

INITIATED BY: Bruce Shoupe BOARD LIAISON: MichaelJ. Fox Director of Planning and Zoning Chairman

BACKGROUND:

Attached is a construction escrow release requested by Higher Rock Partners, LP for Phase 1 as recommended by the Township Engineer.

The original amount of the escrow for Phase 1 was $1 ,821,622.83, held as a LOC with Beneficial Bank. This letter of credit was replaced by a new LOC from Fulton Bank in the amount of $1,441,965.53 after escrow Release #1. This is the fifth release for Phase 1 and is in the amount of $175,196.50. The new balance would be $338,080.78.

ZONING. SUBDIVIS ION OR LAND DEV ENT IMPACT: None

PREVIOUS BOARD ACTION: None

ALTERNATIVES/OPTION S:

Approve or not approve the construction escrow release.

BUDGET IMPACT: None

RECOMMENDATION:

That this construction escrow be released.

MOTION/RESOLUTION:

The Board of Supervisors hereby authorize a construction escrow release in the amount of 9175,196.50 for Phase 1 as recommended by the Township Engineer for the Higher Rock Partners, LP.

MOTION SECOND VOTE

ROLL CALL:

DISTRIBUTION: Board of Supervisors, Frank R. Bartle, Esq. GruMoRe & AssoctATES, Itlc. ENGINEERING & CONSULTING SERVICEs

May 8, 2019

File No. 2016-07014-01

Lawrence J. Gregan, Manager Montgomery Township 1001 Stump Road Montgomeryville, PA'1 8936-9605

Reference: Higher Rock Partners, LP - Grading Permit (Phase 1) - LDS#694 Escrow Release 5 Dear Larry: We have received and reviewed the Request for Escrow Release for the above-referenced project. This letter is to certify that the improvements attached to this letter in the amount of $175,196.50 have been completed. Please find enclosed a copy of our escrow calculations and the application for release of funds for your use. Please be advised that these improvements will be subject to a final inspection prior to dedication and again at the end of the maintenance period. Any deficiencies will be required to be corrected by the developer. We have not recommended release of the following items requested by the developer: 1.8.3 - Retaining Wall. Partial release. Approximately 5,000 sf of wall remain to be installed as of April 30th, which was the date of our field observation. 1.8.4 - Fall Protection Fence. Not installed as of April 30th. 1.E.1 - Contingency. Available for release upon completion of all work and receipt of the Maintenance Bond. Should you have any further questions or require any additional information, please do not hesitate to contact our office.

Sincerely,

ll \\ ^ &"r-r--r Y L\.".^*,f*,ff.lr James P. Dougherty, P.E. Senior Project Manager Gilmore & Associates, lnc.

JPD/SWsl Enclosure: Release of Escrow Form (May 8,2019), Summary of lmprovement Escrow Account (May 8, 2019), & Developer's Request (April 2a, 2019) cc: Bruce S. Shoupe, Director of Planning and Zoning Marianne McConnell, Deputy Zoning Officer - Montgomery Township Mary Gambino, Project Coordinator - Montgomery Township Frank R. Bartle, Esq., Solicitor- Dischell Bartle & Dooley, PC Judith Stern Goldstein, ASLA, R.L.A. - Boucher & James, lnc. Kevin Johnson, P.E. - Trafftc Planning & Design, lnc. John Antonucci - Higher Rock Partners, LP Jim Kahn, President - Higher Rock Partners, LP James M. DeNave, P.E., Director of Operations - PH&C, LLC George Hartman, P.E. - Bohler Engineering Russell S. Dunlevy, P.E., Senior Executive Vice President - Gilmore & Associates, lnc. Brian Dusault, Construction Services Manager - Gilmore & Associates, lnc.

65 East Butler Avenue I Suit" I 00 | New Britain, PA 1 8901 | Phone: 215-345-4330 | Fax: 2l 5-345-8606

Gilmore & Associates, Inc. Building on a Foundation ofExcellence www.gi lmore-assoc.com RELEASE OF ESCROW FORM

James P. Dougherly, P.E. Date: 04124/2019 Senior Project Manager Gilmore & Associates, Inc. 65 East Butler Avenue, Suite 100 New Britain, PA 18901 215-3454330 Higher Rock - Grading Permit - LDS-694 G&A Project #: 2016-07014-01 Release #: 5

Dear Mr. Dougherty:

This is an escrow release request in the amount of s399,247.s4 Enclosed is a copy of our escrow spreadsheet with the quantities noted.

ESCROW RELEASE REQUESTS ARE LIMITED TO ONE PER MONTH.

Mr. Lawrence Gregan Date: 05108/2019 Township Manager Montgomery Township 1001 Stump Road Montgomeryville, PA I 8936

Dear Mr. Gregan:

We have reviewed the developer's request for an escrow release. We therefore, recommendthat $175,196.50 be released. These improvements will be subject to a final observation prior to dedication and again at the end of the maintenance period.r Any deficiencies will be required to be corrected by the developer P. Dougher{y, P.8., ect Manager, Gilmore & Inc.

Resolution #

V/HEREAS, a request for release of escrow was received from Higher Rock Partners, LP for Higher Rock - Gradine Permit - LDS-694 in the amount of $399,247.54 , on the representation that work set forth in the Land Development Agreement to the extent has been completed and; WHEREAS, said request has been reviewed by the Township Engineer who recommends release of $175,196.50 NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Montgomery Township that we do hereby authorizr release of $175 196.50 ; in accordance with the developer's request, and the offtcers ofthe Township are authorized to take the necessary action to obtain release of said sum. BE IT FURTHER RESOLVED that Township records indicate that escrow has been deposited via Letter of Credit with Montgomery Township in total sum of 51,821,622.83 pursuant to a signed Land Development Agreement and that $1.308,345.55 has previously been released from escrow. Therefore, the action ofthe Board releasing said sum leaves a new balance of $338,080.78 in escrow.

MOTION BY VOTE: SECOND BY: DATED: RELEASED BY Deparment Director ESCROWRELEASE NO. 5 DATEPREPARED: 8-May-2019

NO.: Higher Rock Pailne6, LP TOTALADijINISTRATION(CASHEscRow): $ 5,000.00 TOWNSHIP G&A PROJECT NO,: 2016-07014,01 AGENT: Fulton Bank DATE: oF SECURIIY: Lefter of crdit MAINTENANCE BoND AMOUNT (lsvo): $ 248,403. 11 AGREEITIENT

BAUNCE

$ $

qURRENI CONSTR|JmN ITEMS UNIT QUANTITY UNIT TOTAL RhqUtSI TOTAL REOUESTS AVAIUELE FOR RELtsASE cosT cosT (incl. current rel@se) (incl. c!rGnt rel@s€) OTY COST oil cosT Qil cosT QTY COST

$ 200 15,200.00 2.00 $ 15,200.00 $ 380.00 1,425.00 380.00 $ 1,425.00 $ 2,490.00 14,317.50 2,490.00 $ 14,317.50 $ 600.00 7,650.00 600.00 7,650.00 $ 1,000.00 1,750.00 1,000.00 1,750 00 $ 77,200.OO 18,528.00 77,20Q.OO 18,528.00 $ 100,000.00 4,000.00 100,000.00 4,000.00 $

s- 0.95 403,345 30 0.95 $ 403,345 30 005 $ 21,228.70 $- 1.00 516,000.00 1.00 $ 516,000.00 $ 7,874.00 $ 175,196.50 12,871.O0 286,379.75 20,745.00 $ 461,576.25 5,000.00 $ 1 I 1,250 00 $ $- 1,200.00 $ 30,000 00

$ 0.50 $ 10,000.00 050 $ 10,000.00 0.50 $ 10,000.00 $ 50.00 $ 6,250.00 50.00 $ 6,250.00 $ $ '1.00 $ 3,500.00 1.00 $ 3,500.00 $

1.00 $ 20,000 00 1.00 $ 20,000.00 $

$ 1.00 $ 165,602 08

NOTES:

2. The remainder ofthe improvemenls Wll b tabulated separaiely for recoding Mh the land development plans and agreements. grub' 3. Revased 9/2&18 to lemove ilems @mpleted in advance ol agreements (removed demolitaon' clear & aM TPF)

Paqe I ot 1 5t8t2019 ESCROI'V RELEASE NO. 5 Associates, Inc, Gihnore & DATE PREPARED] g. Ensnrccdn( and Gnsuhins Se^i.cs DEVELOPER'S REQUEST

TOWNSHIP NO: PROJECT OWNER: Higher Rock Padnets, LP TOTALADMINISTMTION(CASHESCROW): $ 5,OOO.OO ESCROWAGENT: GM PROJECT NO.: (Phases DATE: OF SECURIil: mNTENNCE BoNDNOUNT (15%): $ 309,651.30 1 & 2) AGREEMENT

JUMIMARYOFIMPROVEMENT ESCROWACCOUNT COST BMNCE $ 1,31E,345 55 82 801 04 82.801.04 PHASE 1 - CONTINGENCY {10%) s 165.602.08 $ 82.801.04 s $ $1,421,022.43 $ PHASE 2. CONTINGENCY (10%] s 440a32.12 $ 82,801.04 $ (82.801.04 $ s 440.s32.12

$3,695,205 3/

ffi UNIT OUANTIW UNIT TOTAL CURRENT REQUESI I UI AL XEqUES I 5 AVAIUBLE FOR RELSSE cosT cosT (incl. curent release) (incl. cuilent relea*) OTY COST OTY cosT OTY COST OTY COST

I,A SOIL EROSION AND SEDIMENT CONTROL gage 1 1. Constucton Entance u 2 $ 7,600.00 $ 15,200.00 $ 2.OO 15,200.00 2.00 $ 15,200 00 380.00 I,425.OO 2 12 inch Filter Sock LF 380 $ 3.75 $ 1,425.00 $ 380.00 1,425.OO $ 2,4S0.00 14,317.50 2,490.00 14.317.50 3 18 inch Filter Sock LF 2,490 $ 5.75 $ 14,317.50 $ $ 600.00 7,650.00 4. 32inch Filler Sock 600 $ 12.75 $ 7,650.00 $ 600.00 7,650.00 $ 1,000.00 1,750.00 5. Silt Fence 1,000 $ 1.75 $ 1,750.00 $ 1,000.00 1,750.00 $ 77,200 00 18,528.00 77,200 00 18,528.00 6. NAG SC'150 BN SF 77,200 $ o.24 $ 18,528.00 $ $ 00,000.00 4,000.00 100,000 oo 4,000.00 7. TempraryVegetalionStockfiles SF 1 00,000 $ 0.04 $ 4,000.00 $ I $ 8. Tree Prolection Fence (2,200 LF installed piorlo agreemenb) $ 1.75 $ $ $

1.8, EAEI!9986 (0.001 403,345.30 005 21,228.70 1 Site Grading LS 1 424,574.00 424,574.OO $ 0.95 403,345.30 0.95 $ 100 516,000.00 1.00 516,000.00 2. Rock Blasting LS 1 516,000.00 516,000.00 $ $ 286,379.75 25,745.00 572,8b.25 3. Retaining Wall SF 25.745 2225 572,426.25 12,A7400 $ 286,446.50 12,471 00 $ 4 Fall Protedon Fence LF 1,200 25 00 30,000.00 1,200.00 $ 30,00000 1,200.00 $ 30,000 00

1.c. sr.o8u_gEwE8 I rN49 il 1 $ 20,000.00 $ 20,000.00 $ 1.00 $ 20,000.00 1.00 $ 20,000.00 $ 2 24 inch Class V RCP LF 50 $ 12500 $ 6,250.00 $ 50.00 s 6,250.00 50.00 $ 6,250.00 $ 1.00 3,500_00 s 3 Rip Rap Odlel Protedion a 1 $ 3,500 oo $ 3,500 00 $ 1.00 $ 3,500.00 $

LD. UEG!!4NEq.U.9 20,000.00 $ 1 consructon Stakeout LS 1$20,00000$20,000.00 1.00 s 20,000 00 1.00 $

1.E. 9QSMSE!cLeEASEi!I a2,a01.o4 0.50 82,801.04 1. 10% Contngenry LS 1 $ 165,602.08 $ 165,602.08 o 50 $ 82,801.04 $ 0.50 $ $ {Released upon @difrcation ol completon and receipt ot Mainlenance Bond)

gage 2 12,240 DO 2.O0 1. lnlet Prolecton a $ 10,200.00 48.00 $ 3,105.00 540.00 3,105.00 2. 18'Filter Sock LF 540 $ ---!- 540.00 $ $ 1,850.00 3. 24" Filter Sock 1,850.00 1,850 00 200.00 s 19,599.25 4. NAG SC-150 1S,600 $ o.24 $ 4,704 00 0.75 $ 0.18 018 4,250.00 5. R€move E&S LS 1 $ 8,500.00 $ 8,500.00 0.35 $ 2,975.OO 0.15 $ 1,275.OO

201S-04-24 Grading (Phl) and LD (Ph 2)' escrow reduction request S 042419.x1sx Page 1 of5 5/8/2019 | 3:34 PM MONTGOMERY TOWNSHIP BOARD OF SUPERVISORS BOARD ACTION SUMMARY SUBJECT: Consider Construction Escrow Release 4 - LDS 694 - Higher Rock Partners - Phase 2

MEETING DATE: May 13, 2019 ITEM NUMBER: + l8b. MEETING/AGENDA: WORK SESSION ACTION XX NONE

REASON FOR CONSIDERATION: Operational: XX lnformation: Discussion: Policy:

INITIATED BY: Bruce Shoupe BOARD LIAISON: MichaelJ. Fox Director of Planning and Zoning Chairman

BACKG ROUND

Attached is a construction escrow release requested by Higher Rock Partners, LP for Phase 2, as recommended by the Township Engineer.

The original amount of the escrow for Phase 2 was $4,849,153.36, held as a LOC with Fulton Bank. This is the fourth release for Phase 2 and is in the amount of $850,182.50. The new balance would be $ 3,415,762.81.

ZONING. SUBDIVISION OR ND DEVELOPMENT IMPACT: None

PREVIOUS BOARD ACTION: None

ALTERNATIVES/O PTI ONS:

Approve or not approve the construction escrow release.

BUDGET IMPACT: None.

RECOMMENDATION:

That this construction escrow be released.

MOTION/RESOLUTION:

The Board of Supervisors hereby authorize a construction escrow release in the amount of $850,182.50 for Phase 2, as recommended by the Township Engineer for the Higher Rock Partners, LP.

MOTION SECOND VOTE

ROLL CALL:

DISTRIBUTION: Board of Supervisors, Frank R. Bartle, Esq GrunaoRE & AssoctATEs, lruc ENGINEERING & CONSULTING SERVICES

May 8, 2019 File No. 2016-07014-01 Lawrence J. Gregan, Manager Montgomery Township 1001 Stump Road Montgomeryville, PA 1 8936-9605

Reference: Higher Rock Partners, LP - Land Development (Phase 2) - LDS#694 Escrow Release 4 Dear Larry: We have received and reviewed the Request for Escrow Release for the above-referenced project. This letter is to certify that the improvements attached to this letter in the amount of $850,182.50 have been completed. Please find enclosed a copy of our escrow calculations and the application for release of funds for your use. Please be advised that these improvements will be subject to a final inspection prior to dedication and again at the end of the maintenance period. Any deficiencies will be required to be corrected by the developer. We included the following items in our recommendation. They are completed and were inadvertently not requested by the developer. 2.C.7 - HD paving '10 in. 2A Stone. This was completed prior to placement of the binder course. 2.C.11- Witchwood paving 6 in. 2A Stone. This was completed prior to placement of the binder course. We have not recommended release of the following items requested by the developer: 2.A.1 - lnlet Protection. lnlet protection is outstanding at 10 inlets. 2.A.5 - Remove E&S Protection. Removal of E&S controls will be evaluated upon site stabilization. Should you have any further questions or require any additional information, please do not hesitate to contact our office. Sincerely, nt\, t{rar--t- Y \\.*.'t^o,l* {' '#:r James P. Dougherty, P.E. Senior Project Manager Gilmore & Associates, lnc. JPD/SWsl Enclosure: Release of Escrow Form (May 8, 2019), Summary of lmprovement Escrow Account (May 8, 2019), & Developer's Request (April 24, 201 9) cc: Bruce S. Shoupe, Director of Planning and Zoning Marianne McConnell, Deputy Zoning Officer - Montgomery Township Mary Gambino, Project Coordinator - Montgomery Township Frank R. Bartle, Esq., Solicitor- Dischell Bartle & Dooley, PC Judith Stern Goldstein, ASLA, R.L.A. - Boucher & James, lnc. Kevin Johnson, P.E. - Traffic Planning & Design, lnc. John Antonucci - Higher Rock Partners, LP Jim Kahn, President - Higher Rock Partners, LP James M. DeNave, P.E., Director of Operations - PH&C, LLC George Hartman, P.E. - Bohler Engineering Russell S. Dunlevy, P.E., Senior Executive Vice President - Gilmore & Associates, lnc. Brian Dusault, Construction Services Manager - Gilmore & Associates, lnc.

65 East Burlel Avenu" I Suite 1 00 | New Britain, PA I 8901 | Phone: 215-345-4330 | Fax: 2l 5-345-8606

Gilmore & Associates, Inc. Building on a Foundation of Excellence www.gilmore-assoc.com RELEASE OF ESCROW FORM

James P. Dougherty, P.E. Date: 04124/2019 Senior Project Manager Gilmore & Associates, Inc. 65 East Butler Avenue, Suite 100 New Britain, PA 18901 2t5-3454330

Higher Rock - Land Development - LDS-694 G&A Project#: 2016-07014-01 Release #: 4

Dear Mr. Dougherty:

This is an escrow release request in the amount of 5757,510.72 . Enclosed is a copy ofour escrow spreadsheet with the quantities noted.

ESCROW RELEASE REQUESTS ARE LIMITED TO ONE PER MONTH.

Mr. Lawrence Gregan Date: AY08/2019 Township Manager Montgomery Township 1001 Stump Road Montgomeryville, PA 18936

Dear Mr. Gregan: We have reviewed the developer's request for aa escrow release. We therefore, recommendthat $850,182.50 be released. These improvements will be subject to a final observation prior to dedication and again at the end of the maintenance period. Any will be required to be corrected by the developer

P. Dougherty, P.E., Senior Manager, Gilmore & Associates, Inc.

Resolution #

WHEREAS, a request for release of escrow was received from Higher Rock Partners, LP for Hieher Rock - Land Development - LDS-694 , in the amount of $757 10.72 , on the representation that wqrk set forth in the Land Development Agreement to the extent has been completed and; V/HEREAS, said request has been reviewed by the Township Engineer who recommends release of $850,182.50 NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Montgomery Township that we do hereby authorizt release of $850,182.50 ; in accordance with the developer's request, and the officers of the Township are authorized to take the necessary action to obtain release of said sum. BE IT FURTHER RESOLVED that Township records indicate that escrow has been deposited via Letter of Credit with Montgomery Township in total sum of $4,849,153.36 pursuant to a signed Land Development Agreement and that $583,208.05 has previously been released from escrow. Therefore, the action of the Board releasing said sum ie in escrow'

MOTION BY VOTE: SECOND BY: DATED: RELEASED BY: Department Director ESCROW RELEASE NO. 4 Associates, Inc. Gihnore & DATE PREPARED: 4t2412019 a Etrqh..dtrs and Consuldns Sr^icrs DEVELOPER'S REQUEST OWNER: Higher Rock Padnerc, LP TOTALADMINISTRATION(CASHESCROW): $ 5,00000 TOWNSHIP No.l AGENTl GM PROJECT NO : 201do7014-D1 OF SECURIry: MANTENANCE BOND NOUNT (15%)r I 909,651 30 (Phases 1 & 2) AGREEMENT DATE:

SUMMARY OF IMPROVEMENT ESCROW ACCOUNT TOTAL cosT BMNCE PHASF l.CONSIRUUIIUN $ 1,314,345.55 PHASE 1 - CONTINGENCY (10%I $ 165.602.08 $ s 82 801 04 $ 82.801.04 PHASE 1 - SUBTOIA $ PHASE 2 - CONTTNGENCY (10%l $ 440.a3212 $ 82,801.04 s s 440.832.12

cosT cosT (incl. cutrent release) lincl. current release) OTY cosT OTY COST

Stage 15,200.00 2.00 $ 15,200.00 200 $ L Consfucton a 2 $ 7,600.00 $ 2 12 inch Filler Sock LF 380 $ 3.75 1,425.OO $ 380 oo $ 1,425.00 380.00 $ 3. 18 inch Filt€r Sock LF 2,490 $ 5.75 14,317.50 $ 2,490 00 $ 14.317.50 .50 32 inch Filter Sock LF 600 $ 1275 7,650.00 $ 600 00 $ 7,650.00 $ 7,650.00 5. Silt Fence 1,000 $ 1.75 1,750.00 $ 1,000.00 $ 1,000.00 $ 1,750.00 6. NAG SC-150 BN 77,200 $ o.24 18,528.00 $ 77,200.00 $ 77,200.00 $ 18,528.00 7. Temporary Vegelaton Sockpiles $ 0.04 4,000.00 $ 4,000.00 100,000.00 $ 4,000.00 8. Tree P.ot€dion Fence (2,200 LF installed priolto agreemenb) 1.75 $ $

EARTHWORK 005 21,228. 1. Site GGding LS 1$ 424,574.00 0.95 403,345 30 0.s5 $ 403,345.30 2. Rock Blasting LS 1$ 516,000.00 1.00 516,000.00 1.00 $ 516,000.00 3. RelainingWall SF 25,745 $ 22.25 286,446.50 12,871.OO 2a6,379 75 25,745.00 S 572,426.25 4 Fall Protedon Fence LF 1,200 $ 30,000.00 1 1,200.00 $ 30,000 00

SI.SEUSEWEB 1. tN49 il 1 $ 20,000.00 $ 20,000.00 $ 20,000.00 1.00 20,000 00 2. 24 inch Class V RcP 50 $ 125.00 $ 6,250.00 $ 50.00 50.00 6,250.00 3. Rip Rap Outlet Protedion a 1 $ 3,500 00 $ 3,500.00 $ 100 1.00 3,500 00

.D. !L9gE!!4!E9!S 1 Constudion Sbkeout LS 1 $ 20,000.00 $ 20,000.00 1 00 $ 20,000.00 100 $

LS 1 165,60208 $ 165,602.08 0 50 $ 82,801.04 $ o 50 $ 82,801.04 1. $ N, PHASE 2. LAND DEVELOPMEW 2.A. S9!IIB9S!9N-AN9-SE9!UE!rc9SIB9! gage 2 1. lnlet Prolecton a 50 255.00 S 12,750.00 8.00 2,040.00 40.00 $ 10,200.00 4800 $ 12,240.OO 2.OO 510.00 2 lS Filter Sock 540 5.75 $ 3,105.00 540.00 $ 3,105.00 540 00 $ 3,105.00 3. 24 Filter sock 200 s.25 $ 1,850.00 200.00 s 1,850.00 200.00 $ 1,850.00 1 4,703.82 4. NAG SC 150 SF 19,600 0.24 S 4,704.OO o.75 018 $ 075 $ 0.18 9,599.25 4,250.00 0.50 4,250.00 5. Remove E&S M€asures LS 1 8,500.00 $ 8,500.00 035 2,975.00 0.15 $ 1,275.OO 050 $

2019-04'24 G.ading (Ph1) and LD {Ph 2)- escrcw redudion lequest # 042419 xlsx Page 1 of 5 5/8/2019 | 3:34 PM ESCROW RELEASE NO. 4 Gilmore & Associates, Inc. DATE PREPffiED: 4121t2019 8. Endn€€rilts and Gnsukins Sc^i..s DEVELOPER'S REQUEST TOWNSHIP NO: OWNER: Higher Rock PadneF, LP TOTALADMINISTMTIoN(CASHESCROW): $ 5,000.00 GU PROJECT NO.: OF SECURIW: IVANTENANCE BONDAMOUNT (15%): $ 909,651.30 (Phases 1 & 2) AGREEMENT DATE:

SUMMARY OF IMPROVEMENT ESCROW ACCAUNT TOTAL cosT BMNCE $1,056,020./5 $21,229 lO PHASE 1 - CONTINGENCY (10%] $ 165,602.08 s 82 801 04 $ $ 82.801.04 $ 82,801.04

g PHASE 2 - CONTTNGENCY (10% s 440,a32.12 s 82 801 04 {a2 801 041 $ $ 440,49.12

CONSTRUCTION ITEMS UNIT QUANTITY UNII UUXKEN I REqUE5I PRIOR REOUESIS TOTAL REOUESTS AVAIUELb IOR RELUSE cosT cosT llncl, current release) (lncl. curent release) OTY cosT OTY COST QTY COST OTY COST

330.00 8,250.00 170.00 4,250.00 500.00 12,500.00 172.OO $ 4,300.00 100.00 2,800.00 150.00 4,200.oo 250.00 7,000.00 50.00 $ 1,400_00 850.00 32,300.00 1,916.00 72,808.00 2,766.00 105,108.00 182.00 $ 6,916.00 64 00 2.752.OO 240.OO 10,320.00 3&.00 13,072.00 12.00 $ 516.00 372.00 14,228 00 s50.00 46,550.00 1,322.OO 64,775.OO $ 8.00 20,40000 40.00 102,000.00 48.00 12,400.OO 200 $ 5,100.00 3.00 $ 4,785.00 1.00 1,350.00 1.00 1,350.00 $ 100 1,800.00 1.00 1,800.00 $ 10.00 26,650.00 15 00 39,975 00 25.00 66,625.00 7.00 $ 18,655.00 1.00 $ 103,000.00 1.00 105,300.00 1.00 105,300 00 $ 100 40,500.00 L00 40,50000 $ 1.00 66,200.00 L00 66,20000 $ 1.00 $ s9,000.00 1.00 92,000.00 1.00 92,000 00 $

100 1 14,000.00 1.00 114,000.00 $ 1.00 $ 1 11,000 00 3.00 $ 180,000 00 2.OO 10,800.00 1.00 5,400.00 3.00 16,200.00 2.00 $ 10,800.00 200 1,550.00 2.O0 1,550.00 $ 2.O0 500 00 2.00 500 00 $ 15.00 $ 13,500 00

3,000.00 51,000 00 3,000.00 $ 51,000.00 7,154.OO 121,618.00 $ 15,000.00 105,000 00 $ 15,000.00 135,000.00 $ 15,000.00 120,000.00 $ 2,946.00 25,041.OO 2,946.00 27,987.O0 2,946 00 $ 27,987 00 I 2,96.00 2S,460.00 $ 5,000.00 38,750.00 $ 5,000.00 87,500.00 5,000 00 195,000.00 5,000.00 $ 195,000.00 $ 5,000.00 60,000.00 $ 6,100.00 51,850.00 $ 6,100.00 61,000.00 $ 6,100.00 48,800.00 $ 25.325.O8 329,225.O0

2019-04'24 Grading and LD (Ph 2)- escrow Iedudion request #5 042419.x1sx {Phl) Paqe 2 ol 5 5/8/2019 I 3:34 PNI ESCROW RELEASE NO. 4 Associates, Gilmore & Inc. DATE PREPARED: at21l201s s. Ensinr.;trg ahd Gnduldns S.r!ic€s DEVELOPER'S REQUEST NO.: OWNER: Higher Rock Padners, LP TOTALADMINISTMTION (CASH ESCROW: 9 5,OOO.OO TOWNSHIP PROJECT NO.: 201d07014-01 AGENT: GU (15%): (Phases 1 AGREEMENT DATE: OF SECURIW: mINTENANcE BoNDNoUNT $ 909,651 30 & 2)

SUMMARY OF IMPROVEIVENT ESCROW ACCOUNT cosT BMNCE $ 1,634,/92.05 PHASE 1 - CONTINGENCY (10%) s 165 602.08 $ 82.801.04 s a2 aol 04 s 82.801.04 $1 ,521,622.43

440.8p.12 PHASE 2 - CONTINGENCY (10%] s 4404912 I 82.801 04 E {82.801.04 s s

FOR RELASE CONSTRUGTION ITEMS UNII CURRENT REAUEST I9IAL KEUUESIS AVASELE cosT cosT {lficl,6urent releas) (lncl. curent release) OTY COST QTY cosT OTY COST OTY COST

20,277.O0 152,077.50 28 00 84,000.00 41 3.00 9,313.15 2,S48.00 66,477.40 3,051 .00 68,800.05 3,051 .00 68,800.05 2,412.OO 54,390.60 692.00 15,604 60 5S 00 13,439.80 2,500.00 56,375.00 2,500.00 56,375.00 8g 00 18,130.20 1.00 16.500.00 o20 1,420.OO o25 1,775.O0 o.45 3,1S5.00 0.55 3,905.00 36.00 s,000.00 63.00 37,800.00

10.00 $ 32,000 00 4.00 $ 15,200 00 41.OO s 143,500.00 19.00 $ 77,900.00

$ 22.OO 13,200.00 $ 18.00 10,800.00 $ 17.O0 10,200.00 $ 15.00 9,000.00 $ 27.O0 16,200.00 $ 15.00 9,000.00 $ 12.O0 7,200.oo $ 33.00 19,800.00 $ 26.00 15,600.00 $ 28.OO 16,800.00 $ 12.00 7,200.00 $ 3.00 1,800.00 $ 11.00 6,600.00 s 35.00 21,000.00

$ $ $ 15.00 $ 6,000.00 $ s $ 21.OO $ 8.400.00

2019-g'24 GGding (Phl) and LD (Ph 2)- escrow redudion request S 04241g.xlsx Page 3 ot 5 5/8/2019 | 3:34 PM ESCROW RELEASE NO. 4 Associates, lnc. Gilmore & DATE PREPMED: al21t201s 8. Endheenns and Qni!ldtrs S€rtires DEVELOPER'S REQUEST NO.: OWNERT Higher Rock Padner, LP ToTALADMINISTilTIoN(CASHEScRoW): $ 5,000.00 TOWNSHIP 201do7014-O1 AGENT' GU PROJECT NO.: (15%): (Phas€s 1 AGREEIVENT DATE: OF SECURIfl: MINTENANCE aoNDAMoUNT $ 909,651.30 & 2)

SUMMARY OF III4PROVEMENT ESCROW ACCOUNT cosT BMNCE $ 1,634,/92.05 PHASE 1, CONTINGENCY (10%) $ 165 602.08 $ 82.801.04 $ a2 a01 04 $ 82.801.04 $1 ,821 ,622.43

PHASE 2, CONTINGENCY (10%] s 440 432 12 $ 82.801.04 $ {82.801 o4l $ s 440 8p.12

FOR RELMSE CONSTRUCTION ITEMS UNI I CURRENT REAUEST I UI AL KEUUtsSI ! AVAMBLE cosT cosl (incl. curent release) (lncl. curenl release) Qil COST QTY cosT OTY COST OTY COST 2.E. !AN9s94e!!g-lee4i!ceCl Evergren Tre5 12.00 $ 7,200.00 17 Picea abes (8 - 10 fi. ht ) a 12 600.00 $ 7,200.00 $ 9.00 $ 5,400.00 18. Picea pungens'glauca (8 - 10 fr. ht.) s I 600.00 $ 5,400.00 $ 7.00 4,200.00 19 Piceapungens(8- 10fr ht) s 7 600.00 $ 4,200 00 $ $ 1000 $ 6,000.00 20. Pinusstobus(8- 10fr. ht.) a 10 600.00 $ 6,000.00 $ Everuren Shrubs 700 $ 630 00 21. llex x meserueae'Blue Boy'{30 - 36 in. ht.) s 7 $ 90.00 630.00 $ 64.00 5,760.00 22. llex crenala Compada'(30 in. min.) a 64 $ s0.00 5,760.00 $ $ 2,880.00 23. ll€xxmeseNeae'BlueGid' (30- 36an ht.) a 32 $ s0.00 2,880.00 $ 32.00 $ $ 26.00 $ 2,340.00 24. llex crenala Sofr Touch' (30 - 36 in. ht ) il 26 $ s0.00 2,UO.OO 149.00 13,410.00 25. llex glabra Compacla (30 in. min.) il 149 $ s0.00 13,410.00 $ $ 41.00 4,305 00 26. Juniperus chinensis HeEii Columnails (4 - 5 ff. ht.) il 41 s 105.00 4,305.00 $ $ 13.00 $ 1,170.OO 27 Rhododsndron carolinianax PJM (24 - 30 in. ht.) il 13 $ 90.00 1,170.00 $ 1,470.OO $ 14.00 $ 1,470.OO 28 Thuja occidenlalis Elegantissima (5'6 ht ) il 14 $ 105 00 D6lduous Shrubs 27.O0 $ 2,430.00 29 Cl€lhra alnifolia (30 in min.) a 27 90.00 2,430 00 2,430.O0 30. Conusseriea (30 in. dn.) EA 27 90.00 2,430.00 27.OO $ 7.OO $ 735 00 31. Halesia carolina (4 - 5 fr. ht.) EA 7 105.00 735.00 12.OO 1,080.00 32. Hydrangea quercifolia 'Snow Queen'(30 in. min.) EA 12 90.00 I,080.00 $ 83 00 $ 7,470.00 33. ltea vkginica 'Henry's Garnet (30 in. min.) il 83 90.00 7,470.OO 5.00 $ 450.00 34. llex veilcillala 'Jim Dandy Winterbrry' (30 - 36 in. ht.) il 5 90.00 450.00 12.OO s 1,080.00 35. llex vedcillala'Winter Red (30 36in. hl.) g 12 90.00 1,080.00 22.00 $ 1,980.00 36. Myrica pensylvanica (30 - 36 in hl.) il 22 90.00 1,980.00 14.00 $ 1,260 00 37. Physocarpus opulifolius'SeMrd' (2 - 3 fr. ht.) EA 14 90.00 1,260.00 56.00 5,040.00 38. Spfaea x bumalda'AnthonyWatere/ (30 in. min.) EA 56 90.00 5,90.00 $ 42.OO 3,780.00 39. Spfaea japoni€ 'Goldmound (30 in. min.) EA s0.00 3,780.00 $ 18.00 $ 1,620.00 40. Vburnum dentalum (30 - 36 in. ht.) EA 18 90 00 1,e0.00 22 00 $ 1,980.00 41. Vburnum dentaium Chrislom' (3 - 4 fr ht.) il 22 90 00 1,980.00 37.00 $ 3,330.00 42. Vbunum dentatum Syonesvedt (3 ' 4 fr ht ) il 37 90.00 3,330.00 33.00 $ 2,570.O0 43. Weigela ioida 'Bokraspifr' (30 in. min.) s 33 90.00 2,970.OO Ground Cover s0.00 3,150.00 44 Rhus aromatca Grol od (15 - 18 in spd ) a 90 $ 35 00 $ 3,150.00 $ 3 $ Perenfiial5 250.00 $ 2,250.00 45 Liiope spicala (4 in. pot) il 250 $ s00 $ 2,250 00 I $ $ 73.00 $ 657.00 46 Salvia nemerosa'Blue Hill' (1 gal.) a 73 $ 9.00 $ 657 00 $ $ $ Ornamental GEsss 74.00 $ 888.00 47 Pennisetum alopecuroades Ham€ln' (1 gal.) il 74 I 12.00 $ 888.00 $ s EA 39 $ 12.00 $ 468.00 s s 39.00 $ 468.00

2019M-24 Gradinq (Ph1) and LD (Ph 2)- escrow redudion request #5 04241g xlsx Page 4 of5 5/81201S | 3:34 PM ESCROW RELEASE NO. 4 Gilmore & Associates, Inc. DATE PREPARED: 1t21t2019 a Endncedne and C6nsuldns Scaift s DEVELOPER'S REQUEST OWNER: Higher Rock PadneF, LP TOTALADMINISTMTION(CASHESCROW): S 5,000.00 TOWNSHIP No.l AGENT: GU PROJECT NO.i OF SECURIry: mINTENNCE BOND AMOUNT (15%): $ 909,651.30 {Phases I & 2) AGREEMENT DATE:

;UMMRY OF IMPROVEMENT ESCROW ACCOUNT cosT BMNCE $1,656,020.75 $21.228.7O 42401 04 PHASE 1 -CONTINGENCY (10%] $ 1 65 602 08 $ $

$4,4D4,321 .24 440,832.12 PHASE 2 - CONTINGENCY {1 0ol"1 $ 440,83212 s 82 801.04 s {82.801.04) $- $

CONSTRUCTION ITEMS UNIT qUANTIIY uNt r PRIOR REAUESfS TOTAL REQUESI S AVAUBLE IOR KELU'ts cosT cosT (incl. cutrent rcleaso) (incl. cu(ent rebase) ofr cosT QTY COST QTY cosT OTY COST

I $ $ 18,979 00 $ 9,489.50 $ $ $ 1S,193.00 $ 13,295.44 $ s $ 27,655.00 $ 27,655.00

240.O0 960.00 240.O0 960.00 1,015.00 4,m0.00 0.30 2,272.50 0.30 2,272.50 o.70 5,302 50 1.00 15,600.00 8,480.00 65,720.00 1,255.00 21,962.50 1,255.00 48,945 00 1,255.00 15,060.00 7,225.OO 18,062.50

6.00 $ 12,000.00 36_00 $ 9,000.00 1.00 $ 24,720.OO 1.00 $ 20,000.00 1.00 $ 30,000.00

$ 1.00 $ 440,432.12

NOTES 1. Revised 92&18 to remov€ ilems comdeted in advance of agreem€nls (removed: demolition, cleat & grub, and TPF)

2019-04-24 Grading (Ph1) and LD (Ph 2)- escrow red(dion requesl S 042419.x1sx Page 5 of 5 5/&2019 | 3:34 PM ESCROW RELEASE NO. 4 lNc. GrLMofiE A Assoc,Ar€s. DATEPREPARED: 8-[4aY-2019

Hiqher Rock Padnerc, LP TOTALADMINISTRATjON(CASHESCROW): $ 5,000.00 TOWNSHIP NO,: AGENT: Fufion Bank G&A PROJECT NO.: oF SECURITY: Lenerof crdit ITAINTENANCE BONO AMoUNT (15%): $ 661,248.19 AGREEMENT DATE:

SUMMARY OF IMPROVEMENT ESCROW ACCOUNI TOTAL cosT BAUNCE $ 4,404,321_24 s2,9/4,930 09 coNTTNGENCY (10%) $ 40.832.12 $- $- s- s 440.s32.12 5 4,849,153 36 $3,415,762.E

CONSTRUCTION ITEMS UNIT QUANTITY UNIT TOTAL tsKtuK KEUUC>t s TOTAL REOUESTS AVAIUBLE FAR RELTASE COST cosT (incl. current rel€Be) (incl. curent relase) OTY cosT OTY cosT OTY cosT OTY COST

40.00 $ 10,200.00 40.00 $ 10,200.00 10.00 $ 2,550 00 540.00 $ 3,105.00 540.00 $ 3,105.00 $ 200.00 $ 1,850.00 200.00 $ 1,850_00 $ 14,700.00 3,528.00 $ 14,700.00 $ 3,528.00 4,900.00 $ 1,176.00 0.15 $ 1,275.00 01s $ 1,275.00 0.85 $ 7,225 00

330.00 8,250.00 170.00 4,250 00 500.00 '12,500.00 172.O0 4,300.00 100.00 2,800.00 150.00 4,200.00 250 00 7,000.00 50.00 1.400.00 850.00 32,300.00 1,916.00 72,808 00 2, 7S.00 105,108.00 182.00 6,916.00 64.00 2,752.00 240.OO 10,320.00 304 00 13,O72.OO 12.OO 516.00 372.O0 18,228.00 950.00 46,550.00 1,32.OO M,778.00 800 20,400.00 40 00 102,000.00 48.00 122,400 00 200 5,100.00 3.00 4,785 00 '1 00 1,350.00 1.00 1,350.00 '1 00 1,800.00 '1.00 1,800.00 10.00 26,650.00 15.00 39,975 00 25 00 s,625.00 7.OO '18,655.00 1.00 103,000.00 1.00 105,300.00 1.00 105,300.00 100 40,500.00 1.00 40,500.00 1.00 66,200.00 1_00 66,200.00 1.00 99,000.00 1.00 92,000.00 1.00 92,000.00 '1.00 114,000.00 't.00 114,000.00

1.00 '1 1 1,000 00 3.00 180,000.00 2.00 10.800.00 1.00 5,400.00 3.00 16,200.00 2.AO 10,800 00 2.00 1,550.00 2.00 1,550.00 200 500 00 200 500.00 15 00 13,500.00

3,000.00 51,000 00 $ 3,000 00 $ 51,000.00 7,1s.00 $ 121,618 00 $ s 15,000.00 $ 105.000.00 $ $ 15,000.00 $ 135,000 00 I $ 15,000.00 $ 120,000.00 $ $ 2,946.00 $ 25,041 00 2,946.00 27,si;.oo $ 2.96.O0 $ 27,987.00 $ 2,96.00 29,460.00 $ 2,946 00 $ 29,460.00 $ $ $ 5,000.00 s 38,750.00 5.000.00 87.500.00 $ 5 000 00 s 87 500 00 $-

Page of4 51812019 I ESCROW RELEASE NO. 4 DATEPREPARED: 8-May-2019

Higher Rock Padne6, LP TOTALADMINISTRATIoN(CASHESCROW): $ 5,00000 TOWNSHIP NO,: AGENT: Fullon Bank cu PROJECT NO.: 201eo7o1+o1 oF SECURITY: Letlerof Credfr I!4AINTENANCE BONDAMoUNT (15%)r $ 661,248.19 AGREEMENT DATE:

SUIVMARY OF IMPROVEMENT ESCROW ACCOUNI TOTAL cosT BAUNCE $ 4,408.321 24 $ u50,162.5U coNTINGENCY (1006) $ 440.a32.12 $- $- s 44043212 $ 4,849,153 36

CONSTRUCTION ITEIVS UNIT QUANTITY UNIT TOTAL AVAILABLE FOR RELEASE cosT cosT (incl. current rel€se) (incl, current release) OTY cosT OTY cosT OTY cosT OTY cosT 2.c. slIE_lUeEgyESENIg{e4lsslI 10. Wnchrcod 7 in. 25mm Binder Course 5,000 39.00 195,000.00 5,000.00 195,000.00 $ 5,000.00 195,000.00 11. Witchwood 6in u sione SY 5,000 12.00 60,000.00 5,000.00 60,000.00 $ 5,000.00 60,000.00 12. WaM 2.0 in. 9.5mm Wearing Course SY 6,100 8.50 51,850.00 $ 6,1 00.00 51,850.00 13. WaM 4in 2smmBcBc SY 6,1 00 10.00 6'1,000.00 $ 6,100.00 61,000 00 14. WaM 8in.2AStone SY 6,1 00 8.00 48,800.00 $ 6,100 00 48,800.00 25,325.00 329,225.00 15. Heavy Ddy Concrete {4,000 psi Wfber), inc 6 inch 2A SF 25.325 13.00 329,25 00 $ 16 Concrete SideMlk (4,000 psi W liber), inc 4 anch 2A SF 20,277 7.50 152,077.50 $ 20,277.OO 152,077.50 17. ADA/PennDOT Compliad Ramp, inc- DWs EA 28 3,000.00 84,000.00 $ 28.00 84,000.00 18 RetainingWall- PumpStalion 413 22.55 9,313.15 I 413.00 9,313.15 19. Retaining Wall- WendYs SF 2,948 66,477.40 $ 2,948.00 6,477.40 20. Retainire Wall- WaM SF 3,051 22.55 68,800.05 3,051.00 $ 68,800.05 3,051 00 68,800.05 21. Relaining Wall- North Relail SF 2,412 22.55 54,390.60 $ 2,412.OO 54,390.60 22. Relainirc Wall - Garden center Nodh 692 15,604.60 $ 692.00 15,604.60 23. RelainirE Wall - Garden Center South SF 596 13,439.80 $ 596.00 13,439.80 24. RetainirE Wall'ome Building 3,304 22.55 74.505.20 2,500.00 s,375.00 $ 2,500.00 56,375 00 804.00 18,130.20 25. Sleevefts for Fence, 6 fl. on Ceder LS I 16,500 00 16.500.00 $ 100 16,500.00 3,905 00 26. Sleevelts for Guiderail, walls 1, 2, 3, & 6 LS I 7,100.00 7,100.00 o20 1.420 00 o.25 $ 1,775.00 0.45 3.195 00 0.55 27 Traffc Contol Signs lvounted on Poies EA s 250.00 9,000.00 $ 36.00 9,000.00 28. Concrete Bollards EA 63 600.00 37,800.00 $ 63.00 37,800.00

2.D. tlgEM, 1. Single LED, 6 inch exposed foundation, 20.5 fl. mounling ht EA 10 $ 3,200.00 32,000.00 10.00 $ 32,000.00 2. Double LED, 6 inch expsed foundalion, 20.5 ft. mounting ht. EA 4 $ 3,800.00 15,200.00 4.00 $ 15,200.00 00 3. Sirgle LED, 30 inch exposed foundation, 20.5 fr. mountang hl EA 41 $ 3,500.00 143,500.00 41.00 $ 143,500 4. Double LED, 6 inch exposed foundation, 20.5 ft. molnling hl. EA 19 $ 4,100.00 77,900.00 19.00 $ 77,900.00

2,E. !4!9994e!!9 Shade Tres 1 Acer rubrum 'Autumn Flame' (3' cal. min.) EA 2 600.00 13,200.00 $ 22.OO 13,200.00 '10,800.00 2. Acer rubrum 'Red Su6el' (3" cal. min.) EA 18 600.00 10,800.00 $ 18.00 17 00 10,200.00 3 Carpin6 caroliniana (3" cal. min ) EA 17 600.00 10,200.00 $ 4. Catalpa speciosa (3" cal. min.) EA 15 600.00 9,000 00 $ 15.00 9,000 00 5. Ginkgo bibba (3'cal. min.) EA 27 600.00 16,200.00 $ 27 00 16,200 00 00 6 Gleditsia tiacanlhos inlermis 'Skycole' (3' cal min.) EA 15 600.00 9,000 00 $ 15.00 9,000 7. Liquidambar styraciflua 'Slender Silhouefre' (3' cal. min.) EA 12 600.00 7,200.00 $ 12.OO 7,200.00 8. Liquidambarstyracillua'Rotundilob (3'cal min.) EA 33 600 00 19,800 00 $ 33.00 19,800.00 I Nyssa sylvalica (3" cal. min.) EA 26 600.00 15,600.00 $ 26 00 15,600.00 '16,800 10. Parotia persica (3" cal. min.) EA 28 600.00 16.800 00 $ 28.00 00 11 Platanus x acerifolia 'Bloodgood'{3" cal. min.) EA 12 600.00 7,200.oo $ 12.00 7,200.00 12. Salix x elegantissima (3'cal min.) EA 3 600 00 1,800.00 s 3.00 1,800 00 '13. SteMdia pseudocamellia (3" cal. min.) EA 11 600.00 6,600.00 $ 1 1.00 6,600.00 14. Zelkova serala 'Village Green' (3" cal. min.) EA 600 00 21,000.00 $ 35.00 21,000.00 Olnamental Trs

5t8no19 Page 2 ol 4 ESCROW RELEASE NO. 4 DATEPREPARED: 8-May-2019

Higher Rock Parlnere, LP TOTALADMINISTRATION(CASHESCROW): $ 5,OOO.OO TOWNSHIP NO,: 2016-07014-01 AGENT: Fulton BanK G&A PROJECT NO.: OF SECURITY: Lefrerof C.edit MAINTENANCE BoNDAMoUNT (15%): $661,248.19 AGREE[,4ENT DATE:

SUMMARY OF I[IPROVEMENT ESCROW ACCOUNT TOfAL cosT BAUNCE

coNTtNGENCY (1006l $ 440,832.12 $, $ $ $ 440.432.12

CONSTRUCTION ITEMS UNIT QUANTIIY UNII CUKKENI REUUE>I PRIOR REQUESTS TOTAL REQUESTS cosT cosT (incl. current rel@se) (incl. current rel€se) Qfr cosT OTY COST QTY COST OTY COST u.E. !A!PS.94e!!!9-Ge4!!cEgl 6,000.00 15. Cercis canadensis (2-2 112fr. cal. min.l EA 15$ 400 00 $ 6,000 00 $ $ $ 1500 $ 8,400.00 '16. Magnolia vfginiana (3"cal Min.) EA 21 $ 400.00 $ 8,400.00 $ $ $ 21.00 I Evergren Trea 12.00 7,200.oo 17 Picea abies (8 - 10 fi ht.) EA 12$ 600.00 $ 7,200.oo I 9.00 $ 5,400.00 18. Picea pungens 'glauca' (8 - 10 ft ht ) EA 9$ 600.00 $ 5,400.00 4,200.00 19. Picea pungens (8 - 10 fr. ht.) EA 7$ 600 00 $ 4,200.00 7.00 $ 6,000.00 20. Pinus stobus (8 10 fi. ht.) EA 10 $ 600.00 $ 6,000.00 10.00 $ Evergren shrubs 7.00 630.00 21. llex x meserveae 'Blue Boy {30 - 36 in hl.) EA 7 90.00 630.00 22. llex crenala 'compacla (30 in min.) EA 64 90.00 5,760.00 64.00 5,760 00 32.00 2,880.00 23. llex x meserveae 'Blue Gft (30 - 36 in. ht ) EA 90.00 2,880.00 2,340.00 24. llex crenata 'sofr Touch' (30 - 36 in. ht.) EA 26 90.00 2,340.00 26.00 149.00 13,410.00 25. llex glabra Compacta {30 in. min.) EA 149 90.00 13,410.00 26. Juniperus chinensis 'Heuii Columnaris'(4 - 5 ft ht.) EA 41 105.00 4,305 00 41.00 4,305.00 13.00 1,170.00 27 Rhdodendron caroliniana x PJM {24 - 30 in ht ) EA 13 90.00 1,170.00 28. Thuja occidenlalis'Elegantissima'{5 - 6' ht.) EA 14 105.00 1,470.OO 14 00 1,470.00 Dsiduous Shrubs 27.00 $ 2,430.00 29. Clethra alnifolia {30 in. min.) EA 27 90 00 2,430.OO 27.00 $ 2,430.OO 30 cornus sericea (30 in. min ) EA 27 90.00 2,430.00 735.00 31. Halesia carolina (4 - 5 fr. ht.) EA 7 105 00 735 00 700 $ 12.00 $ 1,080.00 32 Hydrangea quercifolia'SnowQueen (30 in. min ) EA 12 90.00 1,080.00 33. lteavi€inica'Henrys Garnet' (30 in min.) EA 83 90.00 7,470.00 83.00 $ 7,470.00 450.00 g. llex vedicillata'Jim DadyWintelberry' (30 - 36 in. ht.) EA 5 90.00 450.00 5.00 $ 12.00 1,080.00 35. llex vedicillata'Wiiler Red' (30 - 36 in. ht.) EA 12 90.00 1,080.00 $ 1,980.00 36. iryrica p€nsylvanica (30 - 36 in. hl.) EA 2 90.00 1,980.00 2200 $ 14.00 $ 1,260.00 37 Physocarps opulifolius 'Se@rd' {2 - 3 ft. ht.) EA 14 90.00 1,260.00 38. Spiraea x bumalda'Anthony Waterei (30 in min.) EA 56 90.00 5,040 00 5600 $ s,040.00 39 Spfaea japonica'Goldmound' (30 in. min.) EA 42 90.00 3,780.00 42.00 $ 3,780.00 '18.00 40. Vibunumdentallm (30-36in ht.) EA 18 90.00 1,620.00 $ 1,620.00 1,980.00 41. Viburnum denlalum'Chrislom' (3 - 4 ft. hl.) EA 22 90.00 1,980.00 2.00 $ 3,330.00 42. Viburnum denlatum 'Synnesvedt' (3 - 4 fr ht.) EA 37 90.00 3,330.00 3700 $ 43. Weigela llorida'Eokraspiw' (30 in. min.) EA 90.00 2,970.00 3300 $ 2,570.OO Ground Cover 00 44 Rhus aromalica'Gro-LoW (15- 18 in. spd.) EA 90$ 35.00 $ 3,150.00 $ $ $ 90.00 $ 3,150 Perennials $ 250.00 $ 2,250 00 45 Lkiope spicata {4 in. pot) EA 250 $ 9.00 $ 2,250.OO $ $ 46. Salvia nemerca'Bl0e Hill'(1 gal.) EA 73 $ 9.00 $ 657.00 $ $ $ 7300 $ 6s7.00 Ornamental GEgses 47. Pennisetum aloFcuroides'Hameln (1 gal.) EA 74 $ 12 00 $ 888.00 $ $ $ 7400 $ 888.00 48. Panicufr vtgatum'Heavy lt4elal'('l gal.) EA $ 12.00 $ 468.00 $ $ $ 39.00 I 468 00 Other '18,979.00 9,489 50 49. L,lulch SF 18,979 $ 0.50 $ 9,489.50 $ $ $ $ 50. PermanentVeqetation SF 166,193 $ 0.08 $ 13,295.44 s $ $ 166,193.00 $ 13,295.#

58t2019 Page 3 of4 ESCROW RELEASE NO. 4 G TLMORE & AsSOC'Are5. lNC. DATEPREPARED: &May-2019

NO.: Higher Rock Partne6, LP TOTALADMINISTRATIoN(CASHESCRoW): $ 5,000.00 TOWNSHIP AGENT: Fulton Bank G&A PROJECT NO.: 2016,O7014-O1 AGREEMENT DATE: OF SECURITY: Leter of Crdit MAINTENANCE BoND A|OUNT (15%): $ 661,248.19

SUMMARY OF IMPROVEMENT ESCROW ACCAUN I TOlAL cosT BAUNCE $ 1,433,390 55 coNTTNGENCY (',|0olo $ 440,832.12 $- $ $ $ 440,A32.12

FUK KtsLEAsE CONSTRUCTION ITEIVS UNIT QUANTITY uNr CURRENT REQUEST PRIOR REOUESIS TOfAL REAUESIs AVAIUtsLE cosT cosT (lncl. current relsse) (incl, current rel€6e) QTY COST QTY COST OTY COST QTY COST

$ s $ 27,655.00 $ 27,655.00

240.OO $ 960.00 $ 240 00 $ s0.00 1,015.00 4,060.00 030 $ 2,272.50 $ 0.30 $ 2,272.50 0.70 5,302 50 $ $ $ L00 15,600 00 $ $ $ 8,480.00 65,720.00 $ $ $ I,255.00 21,962 sO $ s s 1,255.00 48,95.00 $ $ $ 1,255.00 15,060.00 s $ $ 7,225.00 18,062.50

$ 600 $ 12,000.00 $ $.00 $ 9,000.00 $ 100 $ 24,720.00 $ 1.00 $ 20,000.00 $ 1.00 $ 30,000.00

$ $ $ 1.00 $ 440,832.12

NOTES:

5t8t2019 Page4d4 MONTGOMERY TOWNSHIP BOARD OF SUPERVISORS BOARD ACTION SUMMARY

SUBJECT: Consider Authorization to Execute Second Amendment to lmprovements/Security Agreement - LDS #630 Fire Fox Phase 1 Southern Village l|tla' MEETING DATE: May 13,2019 ITEM NUMBER:

MEETING/AGENDA: WORK SESSION ACTION XX NONE

REASON FOR CONSIDERATION: Operational: XX Policy: Discussion: lnformation:

INITIATED BY: Lawrence J. Gregan BOARD LIAISON: MichaelJ. Fox, Chairman Townshi Board of Su

BACKGROUND:

The lnitial Land Development Agreement and Financial Security Agreement for this Project was recorded on October 27,2014.The lnitial was subsequently amended to replace the projects owner, developer and security (First Amendment). As provided for in the lnitial and First Amendment Agreements and under tne proviiions of Act 247 Municipalities Planning Code (MPC), the Township is authorized to require an increase in the Security for completion of the developments improvements by an additional 10% for each 1-year period beyond the Security's original posting date if the improvements have not been timely completed.

The project lmprovements have not yet been completed, and therefore Township has required that the security be incieased by 10% ($24,282.75) in accord with the provisions of lnitial and First Amendment Agreement and the MPb which would increase in the balance of the Security to $616,002.28. The DEveloper has provided executed copies of the Second Amendment Agreement including approval by Univesi Bank for the Security increase, for Board approval and execution.

zoNtNG, suBDlvtsloN oR LAND DEVELOPMENT IMPACT: The Amendment extends the completion date for rnprovements by one additional year and increases the required security for site improvements.

PREVIOUS BOARD ACTION: None.

ALTERNATIVES/OPTIONS: None.

BUDGET IMPACT: None.

RECOMMENDATION: lt is recommended that the Board of Supervisors authorize execution of the Second AmendmentTo tne Land Development and Financial Security Agreement for LDS #630 Fire Fox phase 1 Southern Village Land Development for recording by the Township Solicitor.

MOTION/RESOLUTION:

BE lT RESOLVED by the Board of Supervisors that we hereby authorize execution of the Second Amendment to the Lind Developmentand Financial Security Agreement for LDS #630 Fire Fox Phase 1 Southern Village Land Development for recording by the Township Solicitor.

MOTION SECOND:

ROLL CALL:

DISTRIBUTION: Board of Supervisors, Frank R. Bartle, Esq PREPARED BY/RETURN TO: FRANK R. BARTLE, ESQUIRE ROBERT J. IANNOZZT JR., ESQUIRE Dischell, Bartle & DooleY, PC 1800 Pennbrook ParkwaY, Suite 200 Lansdale, PA L9446 2t5-362-2474

Developer: Select ProPerties, Inc.

Parcel Nos.: 46-00-00700-00-0 (Master Parcel)

SECOND AMENDMENT TO FIREFOX PHASE I SOUTHERN VILLAGE LATiID DE\IELOPMENT AGREEMENT AIID FINAIiICIAL SECURITY AGREEMENT

Index this Filing on Parcel:

46-00-00700-00-0 (Master Parcel) SECOND AMENDMENT TO FIREFOX PHASE I SOUTHERN VILLAGE LAI{D DE\IELOPMENT AI'ID FINATiICIAL SECURITY AGREEMENT

Parcel: 46-00-00700-00-0 (Master Parcel)

THIS SECOND AMENDMENT, MAdC thiS dAY Of 2olg between Montgomery Township ("Township"), Crystal Road Enterprises, LLC ("Owner"), Select Properties, Inc. ("Developer"),- and Univest Bank and Trust Co. (,,Univest")1 amends the Firefox Phase I Southern Village Land Development and Financial Security Agreement, as amended ("Agreement")2 as set forth below.

BACKGROUND

1 The Land Development and Financial Security Agreement associated with the Firefox Phase I Southern Village ("Project") was recorded on October 27, 2014 ("Initial Agreement").3

2 The Initial Agreement, among other things, required certain financial security to secure the Project's Improvements ("Security")'+

3 The Initial Agreement was subsequently amended to replace the Project's Owner, Developer, and Security ("First Amendment").5

4 Under the Initial Agreement, the Project's Improvements were required to be completed. within 16-months of the Initial Agreement's recording date. The Project's Improvements have not been completed within this prescribed period of time.6

r collectively referred to in this Agreement as the "Parties". 2 See Firefox Phase I Southern Village Land Development and Financial Security Agreement, as amended, recorded in Deed Book 5932, starting at Page 01213 ("Initial A[reement;,1 and Deed Book 6077 , starting at Page 02468 ("First Amendment"). 3 Id. 4 Id. 5 Id. o See Initial Agreement, Paragraph 5 5. Under the Pennsylvania's Municipalities Planning Code ("MPC"), the Township is authorized to increase the Security by an additional 10% for each l-year period beyond the Security's posting, if the required improvements have not been timely completed'7

6. The Security's current balance is $342,827 '5I' T. Given that the Project's Improvements have not yet been timely completed, the Township desires to increase the Security by IO% ($34,2g2.75), with a 1O7o contingency on the total construction cost Security balance of i$ZSb,SgZ.S'Z;, in accord. with the MPC, for a new $616,002 .28.8 g. Developer is duly authorized to enter into the Agreement with the TownshiP. TERMS

NOW THEREFORE, the Parties, in consideration of their mutual covenants and. agreements contained here, and. intending to be legally bound hereby, agree io amend the Initial Agreement, as amended, as follows: Developer 1 Improvements completion Extension: The Township and th"t the time period to complete the Project's Improvements, as rJpresented"gt* by the Final Plan approved by the Township, shall be extend.ed l-year from this Agreement's recording date, on the condition that Developer fully complies with the Security provision below, to the satisfaction of the Township Solicitor' agree 2 Securitv: The Township and Developer, in accord with the MPC, th"t D."eloper shall cause Univest to increase the Security to $OfO,OOZ.Zgl as noted above ("Increased Security"). The Increased Security shall be posted to the satisfaction of the Township Solicitor, within iS-busin."" d"y* from this Agreement's recording date. Township and Developer furthei agree that Developer's failure to timely post the Increased Security to the satisfaction of the Township Solicitor will: (1) void the Improvehents Completion Extension provision above in its entirety; (2) place Developer in default under the Initial Agreement, as amended, without further Township notice, written or otherwise; and (3) entitle the Township to all legal and equitable remedies on the Security or otherwise again*i th. Developer as provided by the Initial Agreement, as amended; applicable Township ordinances; and/or Pennsylvania law in order that thl Township shall have the necessary funds to complete

z See MPC Section 509(h). s see Updated Security Estimate, attached as Exhibit A. the improvements contemplated in the Final Plan to the Township Engineer's satisfaction and written certification'

3 Additional Fees and The Developer acknowledges that this Agreement results in additional fees and costs, including recording costs, and agrees to pay such fees and costs when due and owing.

4 Remainder of Initial Aqreement. All the terms and conditions set forth t" th. Itritt"l Agteement, as amended, to the extent not further amended by this Agreement, shall remain in full force and effect and are incorporated by reference as if fully set forth herein'

[SIGNATURES ON THE NEXT PAGE] II{ WITNESS UftIEREOF, the Parties have caused these presents to be duly executed by their respective proper officers and with their respecti.ve seals affixed., al1 on the day and year first above written'

TOWNSTTIP: Attest: MONTGOMERY TOWNSFIIP BOARD OF SUPERVISORS

LAWRENCE J. GREGAN Name: Se cretarg / TounshiP M anag er Title:

pROpERTy OWIiIER: CRYSTAL ROAD ENTERPRISES, LLC.

CLAYTON T. HECKLER IWember

DEVELOPER: SELECT PROPERTIES, INC.

CLAYTON T. FIECKLER &fu, . flt-e-s i de-s\5rr

UNIVEST:

Name: il L<^),1

Title: 34^ r,rw tl t* (Ps|/o'| P

COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF MONTGOMERY

On this, the-daY of 2OL9, before me, a Notary Public, personally appeared, #- who acknowledged him/herself to be the Chair of the Montgomery Township Board of Supervisors, and that as such, was authortzed. to execute the foregoing-) instrument for the purposes therein contained, by signing the name of the Township by him/herself as Chair.

IN WITNESS WHEREOF, I hereunto set my hand and official seal.

Nota:y Public

COMMONV/EALTFI OF PENNSYLVANIA SS COUNTY OF MONTGOMERY

On this, the-daY of 2OI9, before me, a Notary pr:blic, personally appeared, Lawrence J. Gregan, who acknowledged himself to be the Secretary/Tou'nship Manager of Montgomery Township, and that as such, was autharized, to execute the foregoing instrument for the purposes therein contained, by signing the name of the Township by himself as Secretary/TownshiP Manager.

IN WITNESS WHEREOF, tr hereunto set my hand and official seal'

Notary Public PROPERTY OIIINER'S ACKNOUILEqqME}II

COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF MONTGOMERY t1 On this, the d nq day of 2AL9 before me, a Notary Fublic, PersonallY aPPeared T. Heckler, who acknowledged to hirnself to be the Member of Crystal Road Enterprises, LLC, and that he, as such officer, executed the foregoing instrument for the purposes therein contained by signing the name of the corporation by hirnself as Member.

IN WITNESS WHEREOF, I hereun set my hand and official seal.

otary

Pubttc Countv z, zozo DE\TELO PER ACKNOU'LEDGMENT

COMMONWEAI-TH OF PENNSYLVANIA SS COUNTY OF MONTGOMERY

On this, *"frn?4a^v or 201 me, a Notary Public, personallY appeared who acknowledged himself to be President of Properties, Inc., and that he, as such officer, executed the foregoing instrrrment for the pulposes therein contained by signing the narne of the corporation by himself as President.

IN WITI{ESS WHEREOF, I hereunto set d and official seal.

41t- tary Public

NOTARIAT SEAL TIANA t. 5MITH, Harfietd Public My Commission BAr{K ACKI{OWLEDGMENS

COMMONWEALTH OF PENNSYLVANIA : SS COUNTY OF MONTGOMERY :

ttY1, 19, before me, a Notary On this, the J of '5 Public, personallY a who acknowledged himself to be of UNIVEST, and that he, as such executed the foregoing instrument for the purposes therein contained by signing the name of tJ e corporation by himself as 4tt?

IN WITNESS WFIEREOF, I hereunto set my hand and official seal'

TH VANIA NOTARIAL SEAL Jennie Distel, l.loiary P ublic N Souderton Boro, My Commission EXHIBIT A updated Securitg Estimate SUMMARY OF IMPROVEMENT ESCROW ACGOUNT 4 DATE PREPARED: 3l-Mar-2019 ff '* ***'*='?3'i""ll' "'"'"ar*l; Firefox - TOWNSHIP NO.: TOTALADMINISTRATION(CASHESCROW): $ 5,OOO.OO DEVELOPER: Cryst'el Road Enierprises' LLC G&A PROJECT NO.: ESCROWAGENT: Univ€st AGREEMENT DATE: 10{ct-201 MAINTENANCE BOND AMOUNT (15o/o): $ 358,338 78 OFSECURITY: Loan

BALANC€ cosT 2,Ol1,814.94 $ 2,011,814.94 $2,354.642.45 $ b- $- $ 34..262-7s - $ 34,282.75 $ ANNUAL 10% CONSTRUCTION COST INCREASE (Balance ss of 3/31/19 $342'827'51 ) 238,892.52 $. 9- $ 51Lr,Ol)Z.7E $ 2,011 ,ul4.V4 $ 2,011,814.94 $

(incl, cffent rclease) {incl. curcnl ]€lease) cosT cosr QTY COST QTY cosT ow cosr cosr

73,227.00 1.00 $ 73,227.04 1 73,227.00 s 73,227-00 $ r.o0 $ t-& MOgrLlZAIloti LS $

1.B. EARTHI/YORK 1.oo 52,482.OO 1.00 $ 52,452,OO 5 '1. 1 $ 52,482.00 $ 52,482.40 $ $ Clearing & Grubbing 11.338.00 $ 28.004.86 11,33800 $ 28,004.86 $ CY 1r.338 $ 2.47 $ 28,004.86 $ 2. SlripTopsoil 16,335,00 $ 40,837.50 16,3e5.00 $ 40,837.50 $ CY 16,335 $ 2.50 $ 40,837.50 $ 3. Cut Fill & Compacl 9,967.16 3559700 $ 9,967.16 $ 0.28 $ 9,967.16 $ 35,597.00 $ 4- Gmde SY 35.597 $

1.C, RETAININGWALL $ 2,054.40 $ 2,054.40 $ 321.00 $ 2,054.40 321.00 wall LF 321 $ 6.40 $ $ 1. Excavato Retaining 1,250.00 $ 50,000.o0 1,250.00 $ 50,000.00 $ 40.00 $ 50,000.00 $ Retaining Wall SF ,250 $ 1.785,00 2. $ 1.oo $ 1,785.00 1-00 1 $ 1,785.00 $ 1,785.00 3. Slesves for Guide Rail behind Wall #l LS

.D. EBO-9_!9[GOirrRoL E ogro', & Sedi.Derr{ Cottttgrs '1.00 1.00 3,392.00 3,392.00 $ 3.392.00 $ ConstructlonEntrance EA 1 I 3,392.00 $ l- 31.00 $ 320.85 31.00 $ 920.85 LF 31 b 1o-35 $ 320.85 2. 12"WeightedSedimentTube '! 525.78 525.78 38.00 b 525.7A 138.00 $ Filtrex Sock LF $ 3.81 $ 3. 12" 350.00 s 546.00 3s0.00 $ s46.00 LF $ 1.56 $ s46.00 4. 18'Silt Fence - Stockpiles 1,233.86 1,233.86 645.00 $ 1,233.86 646.00 $ Fence LF 645 $ 1.91 $ 5. 30" Silt 687.00 4,431.15 687.00 $ 4,431.15 687 $ 6.45 $ 4331,15 $ 6. Super Sill Fentr 19,S50.00 3,000.00 $ 19,350.00 3,000 6.45 $ 19,350.00 3,000.00 $ 7 Super Silt Fence w,/ Tree Pmteclion Fence LF $ . 1,520.00 2,340.80 1,520.00 $ 2,340,80 LF 1,520 $ 1.54 $ 2.340.80 $ 8- Orange Construction Fence 5,779.62 5,779.62 3,753.00 $ 5,775.62 3.753.00 $ T€e Proteclion Fence LF 3,753 $ 1.54 $ 9. 19,360.00 $ 5,614.40 19,360.00 $ 5,614.40 '10. TmpoEryVeget€lion' Exc€ss Fill Piles SY 19,360 $ 0.29 $ 5,614.40 4,58850 3,059.00 $ 4,588.50 3,059.00 $ 4,588.50 1'l. Slope Matllng (North Americsn Gre€n S-75) 5Y 3,059 $ 1.50 $ 1.359.05 2,471,00 $ 1.359.05 2,471.04 $ 1,359.05 12. Grade Swals #A,A1.5,812.2,86,813) SY 2,471 $ 0.55 $ '1.50 3,706.50 2A71.O0 J 3,706.50 2,47'l fro $ 3,706.50 13. Swale Matling (North Americsn Green S-75) SY 2,471 $ $ 792.00 6,00 $ 792-AO 6.00 $ 792.00 14. Rock Filters EA 6 $ 132.00 $ 29.00 $ 3,886.00 29.00 $ 3,886.00 15. lnlel Prolec6onSilt Sack EA 2S $ I 34-00 $ 3,886.00 '1.00 $ t?.000.00 1"00 $ 12,000-00 Filter Pump, Clean Water Pump Bypass' LS 1 b 12.000.00 $ 12,000.00 16. Pumped wsts Bag, $ Ssndbag Cofferdam Sedlmant Basin B 1,058.00 $ 2,613.26 1,058.00 2,613.26 20. SbipTopsoll 1,058 2.47 2,613,26 3.683.00 $ 9,207.50 3,6S3.00 9,207.s0 21. CutFill&Compacl CY 3,68e 2.50 9,207.s0 4,737.00 $ 1,326.36 4,737.00 1,326.36 22. Grade CY 4,737 0.28 1,326.36 2,772.00 275.00 $ 2,772.00 275.00 2,772.O0 23. Core Cut e Fiil Keyway LF 10.08 1,058.00 $ 3,142.26 1,058.00 3,142.26 24, Rspread Topsoil 1,058 2.97 3,142.26 63.36 13?.00 $ bJ.Jb 132.00 63.36 25. Grad6 Spillway SY 132 0.48 132.00 $ 747.12 132.00 747.'t2 26. Spillway Matting (North Amerimn Gre€n P-300) SY 132 5.66 747.12 42.675.00 $ 12.375.75 42,675"00 12,375.75 27. Pemanent Rake&Vegeietion SF 4?,675 4.29 12,375.75 255.00 LF 75 255.00 $

Page 1 of 5 312712019 p,l $U mAmY eF N iilp RSVFM FNT ESS RCItfil AOCOUT{T tu Md^! & .!5FO{l^:i<. iNl; DATEPRFPAREDT 31-Msr-201s 45,000.00 LDS-630 (CASH 5'000.00 TOWNSHIP NO.: Cnalal Road Fntemrise$, LLC TOTAL ADMINISTRATIOITI ESCROW): $ G&A PROJECT NO.: Univest AGENT: OATE: $ 358'339.78 AGREEiilENT OFSECURITY: LOAN MAINIENANCF BOND AMOUNT {150/")i

$uMMAnv oF lMpRovEfiH!{T Escnow AccouNT TOTAL c0$T CURRENT FRIOR TOTAI. BAL]AI{GE J,814.94 LiuN$lt'lu$rLrN $2,354,S4?,4S s $ 2,011,8X4.S4 $ ?,01 $- $- $ 3n.382.75 ANNUAL 10o/. CONSTRUCTION COST 1NCRFASE (Balan* as oi 3/31119 - $342'827-51 ) $ 34,282.75 Cr)NTINGENCY (10%] $ 238.$92"s2 s $- s 2.011,814.94 TOTAT $ 2,6?f ,817.72 $ $ 2,011 ,E14.94

CURRE}IT REAUESI PRIOR REQUESTS TOTAL RFQUFST$ AVAIL.ABLE FOR RELEASE c0$T cosT (inrl, cursnt release) (incl" cuilent releagel QTY COST e'rY cosT 0w co$r GTY COST 88,00 $ 12,584.00 88.00 $ 1 2,58400 23. 24'x gS" Ellipiic€l LF 88 $ 143.00 $ 12,584.00 10.505.00 1.00 $ 10,505.00 1,00 $ 10,50$.00 30. Oullet Struclur€ {#83.3} dvVingwalls and Trmh Rack EA 1 $ 10,505,00 s '10,174.00 $ 10,'174.00 2 $ '10.174.00 2.00 $ 200 31 30" x 1 20" Modifled Type C hlets (#802, Btl3) EA $ 5,087.00 " 2.00 $ 3,61S.00 2.00 $ 3,818.00 32, Antiseep Collats EA 2 s 1.809.00 $ 3,618.00 1 1 1,715.00 1.00 $ 11,715.00 1.00 $ 1,715.00 33. 24" x 3n Elf$ical Endwan (#81) wlc,oncrete Aprot EA 1 $ 11,715.00 $ 1,900.00 1,00 $ r,900.00 1.00 $ 1,900.00 34. 36" CMP Temporary Ri$er EA 1 $ J,900.00 $ 4,320.00 80.00 $ 4.320.00 80.00 $ 4,320.00 35. R-5 Rip Rap Dissipator TON 80 $ 54.00 $

1.8, ST0RMSEyVEB 762.00 26,670.00 762.00 26,670,00 1_ 18"RCp LF 7S? $ 35.00 $ 26,670.00 410.00 1&,450.00 410.00 18,450.00 2. 24',RCP 410 $ 45.00 $ 18,4s0t0 8,900.00 1 12.00 8,960.00 3, 30"RCP LF 112 $ 80.00 $ 8,960.00 73_00 11,826.00 IE 1 73.00 1 1,&26.00 4. 34'x 5l'' Ellipticsl RSP 73 S 162.00 $ 1,826.00 70,200.00 20.00 70,200.00 26.00 70,200.00 5. Tlpc C lnlet {#A01.3. A0'1 .4. A03, A04. A0S. 406, 802.1, 803 1 EA 26 $ 2.700.00 $ $ 6.800.00 2_00 6,800.00 4.00 8,800.00 6. lype C lnl€t Mod. a2'x48', (#803.4, 804) E,q 2 s 3.400.00 .t.00 1.00 12,608.00 12,608.00 7- Typ€ c lnl€t Mod 8' x B' (Oullet Sttr cture fA02) EA 1 $ 12.608,00 $ 12.S08.00 2.00 2,400.{r0 2.00 2,400.00 8" 18" DW Endwalls (#A01,2,401"5) EA 2 $ 1,200.00 s 2,400.00 '1.00 1.850.00 I 0{) 1,850.00 9. 36" Dw Endwalls (#810) EA 1 $ 1,850.00 $ 1,850.00 191.00 1 0,314.00 191.00 10,31 4.00 10. R-5 Rip RapDissipalor TOr'r 191 $ 54.00 $ 10,314.00

pETENnol'l r "F" !:AelurLE$ f&cL83 1.00 d8,161.00 '1. Facifiy A, Slstems #1 and ?, w/ Structura #A7, w/ f57 Stone to L$ 1 $ 48,161.00 S 48,161,00 $ 1.00 $ 48,1 61.00 $ Spdngllne of Pipe and On€ite Backfill (No Fabric) $ 1 1 1.00 1 1 7,195.00 2. Facilily B!. Systefis #{,2 and 3, w/ St uctuH #85. 86, afld 87 LS I $117,195.00 $ 117,1$5.00 $ 1.00 $ 7,195.00 $ w/#57 Stone lo Spnndine of Pipe and On-Site Backfill (No Fabric) $ 1^00 313,500.00 3. Fscility 82, System$ #J through 8, w/ $truclur€s fU10.1, 81 l, LS 1 $313,500.00 $ 313,500,00 s 1.00 $ 313.500.00 $ 812.812-1,812"2,814, B'15, and 816, M#57 Stone to Springline of Pipe and On€ite Backfill {No Febric) $

{.G. RQApWAYT[$eriorl 1. Fxcavate& Backfill Curb LT 6,117 19,513.23 $ 6,1 1 7.00 6,1 1 7.00 $ 19,513.23 $ 2. Belgian Block Cutb LF a,117 14^00 85,63S.00 $ 6,117,00 &5,638.00 6,117.00 $ 85,638.00 I 3. Fine Grade and Compact SubgBde SY a 4Rq 1.12 10.627.6$ $ 9,489_00 10.627.S8 9,489.00 $ 10.627.68 6 4. 3' 2a Modtlied SY s,4€9 3.01 28,561.89 $ 9,489.00 9,489.00 $ t8,561.S9 $ 5. 5" (25MM) B6se Coulte 9.4S9 19.00 190,291,00 $ 9,48S.00 180,2S1.00 s,489.00 $ 180,291"00 $ 6. 1.5'(9.5MM)WearingPaving (Note 5) SY 6,204 44,172.48 $ 6,204.00 s M,172.48 1"00 1,200-00 7. Speed Bump 1 1,200.00 1,200.00 $ $ $ 8. Street Sweeping (Noie 5i SY 6,2A4 0.12 t44.48 $ $ 6,204.00 $ 744.48 6,204.00 't,1T8.76 9. Tdck Coai {NOt€ 5) SY 6,204 0.19 1,178.76 $ $ $ MATA 't0. Curb &.loiilt Seal (Nore $) LF 3.883 0.63 2,446.29 $ $ 3,883"00 $ ' 11. l-ine Pairiing LS I 1,750.00 1.750.00 $ $ 1.00 $ 1,750.00

'12. Sits Sidnade 1 2,307.00 2,307.00 $ 0.50 1.153.50 0^50 $ 1.153.50 $ 1,153.50

3t27t2019 Page 2 of 5 SUMMARY OF IMFROVEITIENT ESCROW ACCOUNT DATEPREPARED: 31-Mar-2019 k" "",**,* JilYiitl,i;l:,'tti; Ph. TOWNSHIP NO.: LDS€30 TOTALADM'NISTMTION(CASHESCROW): $ 5'00000 DEVELOPER: Cr)Gtal Road Enterprises, LLC G&A PROJECT NO.: 2012{9009 FSCROWAGENT: Univesl AGREEMENT DATE: AMOUNT ( 1 5%): $ 358'338.78 TYPEOFSECURITY: Loan MAINTENANCE BOND

TOTAL BALANCE cosT CURRENT PRIOR TOTAL $ 2,O1',l,Bl4-94 s ?47.427,51 $2,354,642.45 5 2,U11,614.94 $- $ 3i 282,75 (Balance as ot 3/31i19 - 51) $ 34,282.75 $ $- ANNUAL 10o/o CONSTRUCTION COST INCREASE $342'827 $ 235.892.52 $ 238,892.52 $ $- $- $ 2,U',11,614.Y4 $ Bl6,LI{JZ./A $2,627,817.72 $ $ 2,011,614.94

CURRENTREOUE5T PRIOR REQUESTS TOTAL REQUESTS AVAILABLE FOR RELEASE (lncl. currenl rclease) (incl. current r€laas6) QTY COST QTY COST QTY co$T Qfi COST ,15,739.60 b 760.00 15,730.60 13. Type 25 Guide Rail(lncludes 3 TeminalSec-iions) LF 760$ 20.71 $

'1.H, ROADWAY JBqlhlshenlPit€l 1,904.40 $ 360.00 $ 1,904.40 360.00 $ 1,904.40 1. Excavate & BacKill, Concrete Curb LF 360 $ 5.29 $ s 360.00 $ 4.806.00 360.00 $ 4,806.00 2. 18'Concrele Curb LF 360 $ 13.35 $ 4,806.00 450.00 $ 1,426.50 450.00 $ 1,426.50 3- s€wcut LF 450 $ 3.17 $ 1,426.50 $ 4,220.00 $ 500.00 $ 4,220.00 500.00 b 4,220.00 4^ Excilete for Widening SY 500 $ 8,44 $ 4,940.73 $ 261_00 $ 4.940.73 261.00 $ 4,940.73 5. 6" Pavemenl 6ase Orain LF 261 $ 18.93 $ s 65.00 $ 3.599,70 65.00 $ 3.599.70 5. 18"RCP LF 65 $ 55"38 s 3,59S"70 s 2.00 $ 3,450.00 2.00 $ 3,450.00 lnlets EA 2 $ 1,725.00 $ 3,45000 7. IeJn to Existing 6,374"00 6 374.00 $ 2.00 $ 6,374.00 2.00 $ 8. Type C lnlels (#81, 82) EA 2 $ 3,187.00 $ c $ 520.00 $ 582.40 520.00 $ 582.40 9- Fine Gradeand Compacl Subgrade 520 b l.lz 58230 5,965.00 500.00 $ 5,96530 500.00 $ 5,965.00 10. 8" 2a irodifi€d SY 500 $ 1 1.93 $ t 1 17,690.00 $ 17,690.00 $ 500.00 $ 7,690"00 500.00 $ 'I 1. 8" (25MM) Sase Course SY 500 $ 35.38 7,290.00 s00.00 $ 7,290.00 500.00 $ 7,290.00 12. 2.5" (1gMM) Base Course SY 500 $ 14,58 $ $ '10,86547 1,133.00 $ 10,865.47 1,133,00 $ 10,865.47 '13. {.5" (12MM) Wearing Paving SY ,'t33 $ 9.59 $ $ $ 1,133.00 $ 181.28 1,133.00 $ 181.28 14. Str€etSweeplng SY 1 ,133 $ 0.16 $ 181.28 o 1,200.00 755.00 1,200"00 $ 7s6.00 15. Curb&JointS€al LF ,200 $ 0.63 756.00 $ $ 1,133.00 2'15.27 1,133.00 $ 16. TackCoat SY ,13? $ 0.19 $ 215.27 $ $ 1.00 7,645.00 1.00 $ 7,645.00 17. MillinqforOveriay LS $ 7,645.00 $ 7,645.00 $ I 1.00 $ 6,540.00 1.00 $ 6,540.00 18. Line Painting LS $ 6,540.00 $ 6,540.00 $ 1.00 s 215.889.00 1,00 $ 215,889.00 19. Signelizalion LS $ 215.889.00 $ 21 s,889.00 $ 1.00 $ 8,350.00 1.00 $ 8,350.00 20. Type 25 Guide Rail, Remove I Replaco LS $ 8,350.00 $ 8,350.00 $ 2,725.00 't.00 $ 2,725.4O 21. Figure24Signage LS $ 2,725-90 $ 2,725.4O $ 1.00 $ 8.00 7,200.00 8.00 7,200.00 22. Traffic Control DY $ 900.00 $ 7,200.00 $ $ 1,400.00 2,'184.00 1,400.00 $ 2,184.00 23. Exevate & Backfill, Pls@ 4' 24 Mod. Stone tor Sidewalk SF 't,400 $ 1_56 $ 2,184.00 $ $ 1 r.200_00 24. Sidowlk (a") SF 1,400 $ 8.00 $ I 1,200.00 $ 1,400.00 $ 11,200.00 1,400.00 $ 4.OO $ 2,000.00 4.00 $ 2.000.00 25. Handicap Ramps {incl. DWS) EA 4 $ 500-00 $ 2,000.00 $

I. OHSITE SIDEWALKS s,052.00 40,4t6.00 1. Sidewalk(4') SF 8,700 $ 8.00 $ 69,600.00 3,648.00 29.184.00 3$48.00 $ 29.184.00 $ 37.00 $ 40,700-00 2. Driveway Apron (6" w/wire mesh) EA $ 1.100.00 $ 62,700.00 $ 20.00 22,000_00 20.00 $ 22,000.00 12.00 6,000.00 3. Handicap Ramps (incl, DWS) EA 12 $ 500.00 $ 6,000.00 $ $ $

BIOSWALE GONVERSIOII c l. Convert biwdes A1,5 and 81?.2 to pemanenl infilfation LS I $ 23,202.00 $ 23.202.00 $ r.00 $ 23,?o2.oa 1.00 $ 23,202.00

.K. SEpIMENT BAS|N B CONVERqSU 1. Esrthwork LS I $ 43,9j8.00 $ 43,918.00 $ $ $ 1.00 $ €,918.00 2. Post and rail fencing LF 462$ 15.00 $ 6,930.00 $ $ $ 462.00 $ 6,930.00

r.L" STREETLIGHT$ L Street Liohts EA 16$ 2,700.00 $ 43,200.00 16.00 $ 43.200.00

3t27t2019 Page 3 of 5 $UMMARY OF IMPRCIVEMENT ESCROW ACCOUNT DATE PREPARED: 3l-Mar-2019 fr '"*"*'*"??r'"fl"i"'a'*!; rowrsnp ruo,: TOTALADMINISTMTION(CA$HEsCRow): S 5,00000 C46tal Road Enterprises. LLC G&A PROJECT NO.: 20't2-09009 AGENT: Uniwst AGREEMENT DATE: MATNTENANCE BOND AMOUNT (1 5%): $ 358,338.78 OFSECURITY; LOAN

TOTAL BALANCE cosr GURRENT PRIOR 2,011,8'14.94 $ 342.827.5j $ $ 2,011,614.C4 $ $ 3.1.?82.75 $ COST INCREASE ol 3/31i 19 $342,827 $ !4,242.75 238.&92.52 ANNUAL 1006 CONSTRUCTION {Balanc $ $- $ CONTINGENCY $ 2,0'11,814.94 $ b'IU ffi $ $ 2,011,614.94 $

release) cosr (incl, currenl release) (in6l. cunent coST cosT qTY cosT OTY cosr QTY cosT OTY

I.M, LANDSCAPINO Srrade F €es 28.00 9,800.00 3.00 1,05000 10,850.00 28.00 9.800.00 €A 31 $ 350.00 $ 1,750.00 1. Acer tubum 14.00 4.900.00 14.00 4,900.00 5.00 19 350.00 $ 6,6s0.00 Acersaccharum EA $ 6.00 2,280.00 10.00 3,800,00 2, 6,080.00 6.00 2,280.00 EA 16 $ 380.00 $ 5,250.00 9. Cqcidiphf,hlm Jaqonica 12.00 4,200.00 12.00 4,200.00 15,00 350.00 $ 9,450.00 Gledilsia t Shademasts EA s 14.00 4,900.00 9.00 3,150,00 4. 8,050.00 14.00 4,900.00 EA $ 350.00 $ 3,500.00 5. Liqridembarstfacnua 11.00 3,850.00 t 1.00 3,850.00 10,00 21 350.00 $ 7,350.00 Lkiodendrcnfrtliqilerc EA $ 4.00 I,40000 9.00 3,150.00 6. 4,550.00 4.00 1.40000 EA 13 $ 350.00 $ 7.00 2,450.00 7. Pld6nusxaceifolia 9.00 3,150.00 9.00 3,150-00 EA $ 350.00 $ 5,60000 8. PyrusC. Chanthleet 13.00 4680Oo 13.00 4,680,00 4a 360.00 $ 4,68000 9. ouercus boreal,s EA $ 9.00 3,150.00 50.00 EA 9 $ 3so.oo $ 3.1 1.440.00 10. Quenuspalustrrs 18.00 6.480.00 18.00 6,480.00 4.00 360.00 $ 7,92000 '11 11. QuercusPrTetlos EA $ 7.00 2,rts0.00 .00 3,850.00 6,300.00 7.00 2.450.00 EA 18 $ 350.00 $ 4,550.00 12. Tilie cildab 13-00 4,550.00 13,00 4,550.00 13.00 350.00 9,100.00 13, Zelkova sffiala EA 26 $ Evetgrcen frFes $ $ 26.00 $ 6.500.00 FA 26 $ 2s0.00 $ 6,500,00 $ 17 . Juniperus virginisna 5,250.00 21.00 $ 5,250.00 13.00 $ 3.250.00 $ 8,500.00 $ 2r.00 $ ab,res EA 34 $ 250.00 3,000.00 16. Picea 31.00 $ 7,750.00 31.00 $ 7,750.O0 12.00 $ EA U 250.00 $ 10,750,00 $ 14. Pinusslrobus $ 29.00 $ 7,250.00 to $ 7,250.09 $ $ 15. Pseudotsuga menziesii EA $ 2s0.00 Strubs 0.00 $ 550.00 10,00 $ 650.00 $ EA 10$ 65.00 $ 650.00 $ 18. ErcnymusA.Cowacta $ $ 10.00 $ 650.00 EA 10$ 65.00 $ 650.00 $ 19. Forsythia Lynwod Gold 17.00 $ 1,105.00 $ 1,105.00 $ $ $ ilexvetticilafa FA 17$ 65.00 20. 1.00 715.00 1 1.00 $ 715,00 $ 11 $ 65.00 $ 7'15.00 $ $ 22. TexusDensiformls EA s.00 $ 585.00 585.00 $ $ $ 21. Vlrbumum Plicatum EA 9$ 65.00 $ Wscellanaous 14,190.00 $ '1,702.80 $ 1,702.80 $ $ $ 23. Sed Mix %"for Basin (ERNMX 126) SF 14,190 $ 0.12 $ $ 12,S60.00 $ 1,555.20 24. S€d Mix"B"for gasin (ERNMX 127) SF 12,S60 $ 0.12 $ 1,555.20 $ 33.00 $ 1,155.00 57,575-00 $ 1,612.00 $ 56,420.00 1,612.00 $ 56,420.00 .N, BTTUMTNAUSPAfiWAYS SY 1,645$ 35.00 $ 1.00 10.000.00 10,000-00 10,000.00 $ $ $ $ l.o. 6:FT:HIGH OPAQUE IEUFFERI FglOn{q LS I $ $ r0,500.00 0.35 $ 10,500.00 0-65 $ 19,500.00 LS 30,000.00 $ 30.000,00 $ 0.35 $ I p. BFgqEEABlePsEtlq:i r $ c 11,331.50 $ 1,310.00 $ 11,331.50 1,310.00 $ 11,331.50 I .o. MONoSLAB PAIIERS (Bccssg lo sanitsry oaselnenq SF 1,310$ 8.65 $

OTHER 1.oo $ 46,781.00 1.00 $ 46,781,00 $ 1- ConslructionSiakeout LS 1 $ 46.7S1.00 $ 46,781.00 15,675.00 $ $- t.00 $ 15,67s^o0 2, Pire and Monurnentg 8nd As-Builits LS 1 $ 1b.675.00 $

Page 4 of 5 3t2712019 SUMMARY OF IMPROVEMENT ESCROW ACCOUNT DATE PREPARED1 31-Mar-2019 &

TOWNSHIPNO.: ToTALADMINISTRATION(CASHESCROW): $ 5'000'00 DEVELOPER: Cri6tal Road Enlerprises, LLC G&A PROJECT NO,: ESCROWAGENT: UNiVESI AGREEMENT DATE: MAINTENANCE BOND AMOUNT (15%): $ 358'338'78 OFSECURITY: Loan

TOTAL BALANCE cosr 2,011,814.94 3 $ 2,011,814.94 s 34,2$2.7s $ $ $ $ as of 331i19 -W42'827 $ u,282-.75 ANNUAL 1OO/O CONSTRUCTION CO$T INCREASE {Balance '51) $ $ $ $- 2,011,414.9{ $ fJt4 $ $ 2,011,8r4.e4 s

REOUEST5 AVAILABLE FOR RELEASE CURRENTREQUEST PRIQR REQUESTS TOTAL (incl. Gunent release) (incl. cutrent release) cosT cosr cosT ATY COSI QTV COST QTY cosr QTY

,s. constnEtion co6l subtotal $ 2,354,M2.45 (Release #1 1 $ 2'01 1 4'94 Released €s ol December 201 7 ) '81 (Release#11) 342'827'51 1.00 y,282.75 Balanceasof Dtrember2017 $ $ $ $ LS 1 $ 34,282.75 I 34,282.75 $ 1 0o/o Annual Conslruclion Cost lnrease (Betance as of 3/31h9 - 5342,827.51)

1.r.@lrlgENg! $ 1.00 $ 238.892,52 238.992.52 $ $ '1. 10o/' Conlingency LS 1 $238,892^52 $ certification of and of

TOTES: Land Dwelopment Agr€ement' t . mlq-gg-?4'. tnilial consbuction cGt issu€d for Phase I Net change to conslruction mst $0^00' 2- 201ffi-O4. Phase ll cosls updeted priorto recotding ol Phase ll Land Devleopment Agreement = purposes 3. 2018-04-04. Phase I and Phase ll spreadsheets sepe.ated tor release based upon Phases I and ll' 4. 2018{4-04. Engin€enrE/Logal e Admlrislrallon cash scrow arnounts 'l (line 1.G. 6, 8, 9 (9286 SY)' & 10 (2,234 LR)' 2019-03-3,t. ifioved Fox Meadowwearing course from Phase to Phase 2 items per (line item 1 S"t 6. 2o19{3-31 . Added 10o/o annual increase PA MPC $509(h) )

Page 5 of 5 3t27t2019 MONTGOMERY TOWNSHIP BOARD OF SUPERVISORS BOARD ACTION SUMMARY

LDS sUBJEGT: Consider Authorization to Execute First Amendment to Land Development Agreement - #630 Fire Fox Phase ll Northern Village #t4b' MEETTNG DATE: May 13,2019 ITEM NUMBTp:

MEETING/AGENDA: WORK SESSION ACTION XX NONE lnformation: REASON FOR CONSIDERATION: Operational: XX Policy: Discussion: MichaelJ. Fox, Chairman INITIATED BY: Lawrence J. Gregan BOARD LIAISON: Township Ma er Board of S

BACKGROUND:

19, 2017 As The Land Development Agreement for this development was recorded on November Planning pr*io"o for in the lmprov6ments Agreement and under the provisions of Act 247 Municipalities for completion of the booe the Towhship is authoiized to require an increase in the security lvrec) period beyond the security's original developments tmprovemdnts oy an additional 10% for each 1-year posting date if the improvements have not been timely completed. required that the The project lmprovements have not yet been completed, and therefore Township has 'balance ($75,515.18) in accord with the security'be incieased by 10% of the of ouistanding improvement has provided MpC which would increase in the balance of the Security to $998,438.25. The Developer approval the Developer will executeo copies of the Amendment for Board approval ind e_xecution. Upon be providing a new Letter of credit in the amount of $998,438.25.

zoNtNG, SUBDtVIStoN oR LAND DEVELOpMENT IMPACT: The Amendment extends the completion reaseStherequiredsecurityforsiteimprovements.

PREVIOUS BOARD ACTION: None'

ALTERNATIVES/OPTIONS: NONC.

BUDGET IMPACT: None. execution of the First RECOMMENDATION: lt is recommended that the Board of supervisors authorize Phase ll Northern Village Land Amendment to the LJnd Development Agreement for LDS #630 Fire Fox Development and recording by the Township Solicitor'

MOTION/RESOLUTION:

of the First BE tT RESOLVED by the Board of supervisors that we hereby authorize execution Fox Phase 1 Northern Village Land Amendment to the Land Development Agreement for LDS *ogo rire Development and recording by the Township Solicitor'

MOTION SECOND:

ROLL CALL: Absent Tanya C. Bamford Aye Opposed Abstain Absent Candyce Fluehr Chimera Aye Opposed Abstain Absent Jeffrey W. McDonnell Aye Opposed Abstain Absent Matthew W. Quigg Aye Opposed Abstain Absent MichaelJ. Fox Aye Opposed Abstain

DISTRIBUTION: Board of Supervisors, Frank R' Bartle, Esq PREPARED BY|RETURN TO: FRANK R. BARTLE, ESQUIRE ROBERT J. IANNOZZT JR., ESQUIRE Dischell, Bartle & DooleY, PC 1800 Pennbrook ParkwaY, Suite 200 Lansdale, PA L9446 215-362-2474

Developer: Select Properties, Inc.

Parcel Nos.: 46-00-00700-00-0 (Master Parcel)

FIRST AMENDMENT TO FIREFOX PHASE II NORTHERN VILLAGE LAIID DE\TELOPMENT AGREEMENT

Index this Filing on Parcel:

46-00-00700-00-0 (Master Parcel) FIRST AMENDMENT TO FIREFOX PHASE II NORTHERN VILLAGE LAIiID DE\IELOPMENT AGREEMENT

Parcel: 46-00-00700-00-0 (Master Parcel)

THIS AMENDMENT, made this day of 2OI9 between Montgomery Township ("Township") and select Properties, Inc. ("Deve1oper") the Firefox Phase II Northern village Land Development Agreement, as "-.rr-d,amended ("Agreement")1 as set forth below'

BACKGROUND

Agreement associated with the Firefox Phase II 1 The Land Development - Northern Viliage i"Proiect'j was recorded on November 19, 2OI7 ("Initial Agreemenf').2 security to 2 The Initial Agreement, among other things, required financial secure the Project's Improvements ("Security")'s were required to 3 und.er the Initial Agreement, the Project's Improvements be completed within 1-year of the Initial Agreement's recording date' this 4 The Project's Improvements have not been completed within prescribed Period of time.a ("MPC"), the 5 Under the Pennsylvania's Municipalities Planning Code Township is authorized. to increase the Security by an additional 10% for each l-year period. beyond, the security's posting, if the required improvements have not been timely completed's

6 The Security's current balance is $755,151'82'

recorded in Deed L SeeFirefox phase II Northern Village Land Development Agreement, Book 6068, starting at Page O2O39 ("Initial Agreement")' 2Id. 3Id. + Seelnitia-1 Agreement, Paragraph 5 s See MPC Section 5O9(h)' Project's Improvements have not yet been timely 7 Given that the Io% completed, the rownsrtip desires to increase the Security by with a 1O% contingency on the total construction cost tS/S,SfS.ia1, MPC, for a new Security balance of i6rOz,+sg .251, ii accord with the $999,105.25.6

8 Developerisdulyauthorized'toenterintothisAgreement.T

TERMS of their THEREFORE, the Township and Developer in consideration NOW to be legally mutual covenants and agreements contained' herein, intending bound hereby, agree to amend the Agreement as follows: 1. Improvements Completion Extension:'The Township and Developer d to complete the Project's Improvements' as ^pinal shall be represent"a uy the Plan approved by the Township, the condition extended f-y."t from this Agre.-.ttt'" record'ing date, on below, to the that Developer fully complie-s with the security provision satisfaction of the Township Solicitor' 2. securitv: The Township and Developer, in accord with the MPC' agree that Developer shall cause univest to increase the security to as noted above ("Increased' Security")' The Increased $998,105.25, Solicitor, Security *r'"rr be posted to the satisfaction of the Township tS-Lusiner* d.y* from this Agreement's recording date' Township within post the and Developer furthei agree that Developer's failure to timely decurity to the satisfaction of the Township solicitor will: (1) Increased above in its void the l;t;";ents completion Extension provision entirety;1zlpr"".Developerind'efaultrrnderthelnitialAgreement,aS or otherwise; and (3) amend,ed., without further Township notice, written the Security entitle the Township to all legal and equitable remedies on Agreement, or otherwise against the Developer as provided by the Initial andf ot Pennsylvania law u"" u"rrr.rrd.d; a:pplicable Township ordinances; to complete . in order that the Township shalf have the necessary funds the improvements contemplated in tt Final Plan to the Township Engineer,ssatisfactionandwrittencertification. 3. The Developer acknowledges that this Ag,e.m"mfeesandcostS,includingrecordingcosts, andagreestopaysuchfeesand'costswhendueandowing.

a Security Estimate, attached as Exhibit A' SeeUpdated consent z seeaitached properiy owners' Acknowledgment and 4 Remainder of AgreesQeg!. All the terms and conditions set forth in the l"iiiat Agreement, to the extent not further amended by this Agreernent, shall remain in fuli force and effect and are incorporated by reference as if futly set forth herein'

***

IN WITNESS WI{ERE€DF, the Township and Developer have caused these presents to be duly executed by their respective proper officers and with their respective seals affixed, a1l on the day and year {irst above written-

TOIITNSTIIP: Attest: MONTGOMERY TOWNSHIP FOARD OF SUPERVISORS

LAWRENCE J. GREGAN Name: Se cretary I TowrtshiP Manag er Title:

DE1IELOPER: SELECT PROPERTIES, INC.

CLAYTON T. HECKI,ER hfenzber Fr*s.d<"1+ TOIITNSHIP ACT(NOWLEDqMENTS

COMMONWEALTH OF PENNSYLVANIA ss COUNTY OF MOI$TGOMERY

On this, the-daY of 2A19, before nle, a Notary Public, personally appeared, -* ,-' who acknowledged him/herself to be the Chair of the Montgomery Township tsoard of Superuisors, and that as such, was autharized to execute the foregoing instrument for the purposes therein contained, by signing the name of the Township by him/herself as Chair.

IN WITI{ESS WHEREOF, I hereunto set my hand and official seai.

Notary Public

COMMONWEALTH OF' FENNSYLVANIA SS COUNTY OF MONTGOIVIERY

On this, the-daY of 2OL9, before me, a Notary public, personally appeared, Lawrence J. Gregan, who acknowledged himself to be the secretary/Township Manager of Montgomery Township, and that as such, was auth arized to execute the foregoing instrument for the purposes therein contained, by signing the narne of the Township by himself as Secretary/TownshiP Manager.

IN WITNESS WFIEREOF, I hereunto set my hand and official seal'

Notary Public COMMONWEALTH OF FENNSYLVANIA SS COUNTY OF MONTGOMERY on this, ,n"?1da^v of 2A'j.9, before me, a Notary Public, persdnallY aPPe ared T. Heckler, who acknowledged hirnself to be Fresident of Select FroPerties, Inc., and. that he, as such officer, executed the foregoing instrument for the purposes therein contained by signing the name of the corporation by himseif as President.

IN WTTNESS WHEREOF, I hereunto hand and seal. ee otary Pu pRo PERTY 9W$IER' S ACI$IOWLEDGMENT AI$D CO]NSENT

By execution of this Acknowledgment and Consent, Clayton T. Heckler, the Member of Crystal Road Enterprises, LLC, owner of the property iocated at Bethlehem Pike, fi.rrther identified as Tax Parcel 46-00-00700-00-0 (Master parcel), which id involved in this Agreement, does hereby acknowledge, consent to, and authorize the recording of this Agreenrent in the Office of the Recorder of Deeds in Norristown, Montgornery Count5r, Pennsytvania, with the full intent and purpose that this Acknowiedgment and Consent be recorded as an integral part of this Agreement.

PROPERTY OWNER: CRYSTAL ROAD ENTERPRISES, LLC

CLAYTON T. HECKLER Member plRoPEB',rr orIlNER',S AGITNOWI"EDqMEI{I

COMMONWEALTHCIF'FENNSYLVANIA : :ss COUNTY OF &TONTGO}AERY :

me, a Notary On this, tJ:.e n day of 2A19 before Fublic, personally appeared Clayton T' eckler, who acknowledged to hirnself to be the lVlember of Clystal Road Enterprises, LLC, and that he, as such officer, executed the foregcing instmment for the pufposes therein contained by signing the narne of the corporati*n by himself as h{effiber.

seal. WTTI{ESS WFiERECF, tr set rny hand official 'N

NOTARIAT SEAL TIANA L. SMITH, Notary Pubtic Hatfietd Townshlp, Ltofitgonery County My Commision Expires February 12,2A20 TXHIBIT A updated Seanritg Estimate tta SUMMARY OF IMPROVEMENT ESCROW AGCOUNT Lll crtuopa & assocrAres, rNc. DATE PREPARED: 31.fuIAT-2019 EE{!'i',n"c'x'!L''ncsii'c' & TOWNSHIP NO.: ToTAL ADMINISTRATION (CASH F-SCROW): $ 5'000-00 0EVELOPER: Crtslal Road Enlerfiises, LLC G&APROJECTNO.: 201 ESCROWAGENT: Univast AGREEMENTDATE: MAINTENANCE BOND AMOUNT (15%): $ 251,157 38 wPE OF SECURITY: Leltel of Cledit

BALANCE cosr CURRENT PRIOR TOTAL /5q1b].OZ $ $ 843,715.52 $ 75,515.18 $ $ $ - 82) $ 75,515.18 $ ANNUAL 100/0 CONSTRUCTION COST INCREASE (Batance as ol 3/31/19 $755'151 167,438.25 $ $ $ $ $ 843,/r5.bz $ c43,

AVAILABLE FOR RELEASE CURRENTRESUEST PRIOR REQUESTS TOTAL REOUESTS rsleass} (incl, curtent releasel cosT cosT {incl, cunent clw cosT QTY cosr ow cosT QTY cosT

1.00 46,672.15 $ 46.672.15 46,672.15 1.00 $ 46,672.15 $ MOBILIZAIIPN LS 1 $ $

EARTH""QRK 1.00 $ 49,706.00 1.00 $ 49,706.00 $ LS 'i $ 49,706.00 $ 49,706.00 $ 1. Clearing & Grubbing 8,228,00 $ 20.323.16 8,228.00 $ 20,323.'t6 $ CY 8.228 $ 2.47 $ 2A323.16 $ 2. SlripTopsoil 12.998.00 $ 32,495.00 $ $ 32.495.00 $ 12,99800 $ 32,495.00 Compact CY 12,998 $ 2.50 1,947.96 3. Cut Fill8 20.000.00 $ 5.600.00 20,000,00 s 5,600.00 6,957 .00 $ SY 26.9s7 $ 0.28 $ 7,547.96 $ 4. Grade 7,648.00 $ '19,120.00 7,648.00 $ 1S,'t 20.00 $ 7,648 2.50 $ 1 9,120.00 $ 5. Cut frcm Stmkpil€ frcm Phsse I CY $

RETANINCWALL 3,610.00 t 3,616.00 $ 565.00 $ 3,616,00 565,00 $ '1 Wall LF 565 $ 6-40 s . Excavate Retaining 3,600.00 $ 144,000.00 3,600.00 $ 144,000.00 b SF 3,600 s 40,00 $ 144,000.00 $ 2. Retaining wall 1.00 s,300.00 $ 5,300.00 5,30000 $ 1,00 $ 5,300.00 $ 3. Sleev$ for Guide Rail behind wall#3 LS I $ $

EROSION CONTROL

Eraston & Sedtment ConfrDts ,| .00 3,392.00 1.00 3,392.00 EA 1 3,392.00 D 3,392.00 1" Comlructon Erd€nce 112.00 2,685.76 LF 112 23.98 $ 2,685.76 2. 20'Weigtrted Sedimeni Tube 1.062.00 1,656.72 LF 1.062 1.56 $ 1,656.72 3. lS"SiltFenG-Stmkpil* 369.00 704.79 4.30"SlltFere LF 369 1.91 $ 704.79 6,591.90 1,A22.D0 6,591,90 1,022.00 6.591.90 5. supsr Sill Fonc€ LF 1,022 6.45 $ 7S.35 1.423.00 9,1 78.3s 1,423.00 9.178.35 Sill Fence w/ Tree Proiecllon Fence LF 1,423 6.45 $ I,r 6. Super 1,754,00 2,701.16 LF 1,754 1.54 $ 2,701.16 1,754.00 2,7Q1.16 7. Orange Coretruction Fene 1,692.00 2,913.68 on Grading nan LF 1,892 't.54 $ 2,913.68 6" Tree Prolec'tion Fene-ShMn 9,360.00 5,614.40 Piles SY 19,360 0.29 $ 5,614.40 9. Temporary Seeding - Excess Fill 4,235.00 6,352.50 10. Slopa Matllng (Noilh Ameri€n GEn S-75) SY 4,235 1.50 $ 6,352.50 1476.75 2,685.00 1,476.75 1 Grade Swales #D I, o2, 07.3A, 07.3B, A1 7, D24 2 SY 2,685 0.55 $ I . 2.68s.00 4,027.50 1.50 4,027.50 1 Swale Matfing (North Americsn Green S-75) SY 2.685 $ 2. 8.00 1,072.00 EA 8 '134.00 $ 1,072.00 13- lnlet Protection Silt Sack 't2,000.00 '12,000.00 1 .00 I 2.000.00 1.00 '14- Clean Water Pump Btpass, Sandbsg Cofferdsm LS 1 $ 12,000.00

cgx-sullElEl 1.00 151,965,00 1.00 $ 151,965.00 $ 1. Bu Culverl (incl. sleel €sing) LS 1 $151,965.00 $ 151,965.00 $ $

Page 1 of4 3t27t2019 lx, SUMMARY OF IMPROVEMENT ESCROW ACCOUNT *AtsL.' "' g::,.g,f"""'.?g'f;-'"""i.rr9; DATE PREPARED: 3l-Mar-201 9

(CASH s.000.00 TOWNSHIP NO.: Crystal Rmd Enterpris6, LLC TOTAL ADMINISTRATION ESOROW): $ DEVELOPER: G&A PROJECT NO.; AGENT; Univsst AMOUNT (15olo): $ 251'157.38 AGREEMENT DATE: OF SECURTTY: Letttr of Credit MAINTENANCE BOND

SUilMARTEF IMPnI'!iEI'FNf ESEROW ACCOUilT TOTAL cosT CUREENT PRIOR TOTAL BALANCE /bt,15i.uz 0()N51HUUI {(JN $1,598,867.34 s $ E43,715.52 $ 843,715.52 $ 75,515.18 $ $ $ $ 75,5i5.18 ANNUAL 100/0 CONSTRUCION COST INCREASE (Balance as of 3/31/19 - $755.151 '82) $ 167,,13$.25 coNflNGENCY (10%) $ 167,438.25 U $ $ $ ilL6.1Ui/.Zb IU IAL $ 1.841,820.77 b $ 843,715.b2 $ E43,715.52 S

AVAILABLE FOR RELEASE cor{sTRucTl0N ffEMs UN]T OUANTTY UNIT TOTAL CURRENT REOUEST PRIOR REqUESTS TOTAL REQUESTS cosT coST (incl. current rclease) (incl, current release) ctw cosT 0w cosr QTY COST Qfi COST 2.F, STQRM-SE-II|EB 1,13600 39,700-00 1,136.00 $ 39,760.00 $ r. 18'RCP LF 1,136 35.00 39,760-00 $ 610.00 27 610.00 $ 27450^04 $ 2. 24'RCP LF 61 0 45.00 27,450.00 $ A50.OO 2.00 $ 5,400.00 2.O0 $ 5.400.00 ! 6. Type M lnlels {#D17,024.2) EA 2,700.00 5,400.00 16.00 43,200.00 16.00 $ 43,200.00 $ 7. Type C lnlets (#92.2, g?.4. 53^2, C03. C04, D1 2.'1, Ol 2.2, EA 6 2,700.00 43,200.00 $ 4.00 $ 13,600.00 4,00 u 13,600.00 $ 8. Type C lnlet Mod,42"x48'(#82.3, D13, Dl4.1, D16) EA 4 3,400.00 13.600.00 1.00 $ 3,600.00 't.00 $ 3,600"00 $ 9. TypeC lnle!Mod,48"xs4'(#D24) EA 1 3,600.00 3,600.00 1.00 $ 3,400_00 1.00 $ 3,400.00 $ 10. storm Manhole 48"x 48" (#D12,} EA 1 3,400,00 3,400.00 ! $ .00 $ 69,287.00 13. lnfilhstion Areas D1, B2 & D3 - Convert temp. swaleb D17 & LS 1 69,297.00 69,287.00

2.G. ROADWAYSITE 7,927.15 2,485.00 7.927.15 1.446.00 $ 4,612.74 1. Excavate & BacKill, Curb LF 3,931 $ a 1q 12.539.89 2.485.00 '14.00 2,485.00 34,790.00 2,485.00 34,790.00 r,446.00 $ 20.2U.00 2. Belgian Block Curb LF 3,931 $ 55,034.00 5,470.00 6,1 26.40 5,470.00 6,1?6.40 659.00 $ 738.0E 3. Fine Grade snd compact Subgrade $Y 6,129 $ 1.12 6,864.48 5,470.00 16,484.70 5,470.00 16,464.70 659,00 $ 1,983.59 4. 3" 2a Modified SY 6,129 $ 301 18,448.29 103,930.00 659.00 $ 12,521 .00 5. 5'(25MM) Bsse Course SY 6,129 $ '19.00 116.45'1.00 5,470.00 103,930.00 5,470.00 9,414.00 $ 67,027.68 6. 1.5' (9.5MM) Wearing Paving !t 9,414 $ 7.'12 67,027.68 1.00 $ 1,200,00 7. SpeBdBump LS 1$ 1,200.00 1,200-00 s,414.00 r,129,68 8. StrcelSwesping SY 9,414 $ 0.12 1,129.68 $ 9,414.00 $ 1,788,66 9. Tack Co€t SY 9,414 $ 0.19 I,788_66 10. Curb&JointSeal LF 6,165 $ 0.63 3,883_95 6.165"00 $ 3,883.95 1.00 s 1,537.00 LinePainting LS 1$ '1,537.00 1,537.00 11. '1.00 'l2. SiteSignage LS 1$ 2,307.00 2,307.O0 $ 2,307.OO 8,542.88 13. Type 2S qjide Rail (lncluds I T€minal SEtion) LF 413 $ 24.71 8,542.88 412.50 $ 14- Type 25 Guide Rail -Ovor Culverl LF 38$ 164.00 6,150.00 J/.il S 6,150.00 Driveway R elocaliw (NFWA) 15, Fine G.ade and Compact Sirbgrade SY 178 $ 1.12 $ 199.36 $ $ 178.00 199.36 '16. 3'2a Modifled SY 178 $ 3_01 $ 535.78 $ $ 178.00 535.78 't78.00 17. 5" (25MM) Base Cou6€ SY 176 $ 19.00 $ 3,382.00 $ $ 3,382.00 18. 1.5" (9.5MM)Wearing Paving SY 178 $ 7.12 $ 1,267.36 $ $ I 78.00 1,267.36

2.H. ONSTIESJOEWALKq 't1,158.00 L Sidewalk (4') SF 11,158 $ 8.00 I 89,264.00 s $ $ 89,264.00 2- Orlv€way Apon (6" wl wire mesh) EA 58$ 1,100.00 $ 63,800.00 $ $ 58.00 $ 63,800.00 3. Hendicap Rsmps (incl. DWS) EA 8$ 500.00 $ 4,000.00 $ $ 8.00 $ 4,000.00

2.1. BITU!i!|HOUS PATIIWAYS SY 2,094$ 35.00 $ 73,290.00 $ $ 2.094.00 $ 73.290.00

2.J. SYI'ALECONVERSION 1. Coruerl temp. swles Dl7 & D24.2 to trenches #1, 2, 5nd 3 (incl. LS 1 $ 69,287.00 $ 69,287.00 $ $ $ 1.00 $ 69,287.00

3t27t2019 Page 2 of 4 A SUMMARY OF IMPRCIVEMENT ESCROW ACCOUNT f,g & A'gocrArEg, lNc. DATE PREPARED: 31.II/AT.2OI9 ",tro".kr* Nc'co'iu!"{6sihri fiil TOWNSHIP NO.: TOTAL ADMINISTMTION (CASH ESCROW): $ 5'000'00 Cr}slal Rosd Enterpfises, LLC G&APROJECTNO.; 201 AGENT: Univest AGREEMENT DATE: 8-lun-201 BQND AMOUNT (15%i: $ 251'157.38 oF SECURffY: Letterof Credit MAINTENANCE

BALANCE cosT

75,515.18 $ $ $ ANNUAL'loVo CONSTRUCI0N CosT INCREASE {Belance as of 3i3l119 - $755'151 $ 75.5'15.18

TOTAL REQUESTS AVAILABLE FOR RELEASE UNIT CURRE}IT REOUEST FRIOR REOUESTS (incl. curent rulease) cosT cosr (incl. curent release) cosT OTY COST OTY COST ATY GOST OTY

2.K. STREETLIGHTS $ 8.00 $ 21,600.00 2,700.00 $ 21,600.00 $ $ 1. SlEel Lights EA $ $ r.00 $ 16,877.00 16,S77.00 $ 16,877.00 $ $ 2.L. RESPREAD TSPSOIL l{tsds! Z-1: lar.rdscssed oreas! 8:l LS $ u 1_00 $ 31,476.00 $ 31y'76.00 $ $ 2.t1. PEDES:IRIAN BRIDGE tFarallel to cryEulBsqdl LS $ 31.476.00

z.ir. lAllqgEAPlllc Srada fr€€g 37.00 $ 12,950.00 EA 37 $ 350.00 $ 1 2,950.00 8. Acsrubum 6.00 s 2.100.00 EA I $ 3s0.00 $ 2,100.00 1. Acdsaccharum 10.00 $ 3,s00.00 EA 10 $ 350.00 $ 3,500.00 2. Bettla nlw 3.00 $ 1,065.00 EA 3 $ 355.00 $ 1,065.00 9. Ginkgo biloba snw 30.00 $ 10,500.00 g. qeditsia EA 30 $ 350.00 $ 10,500.00 T. Shedomasfer 26,00 $ 9,100.00 EA $ 350.00 $ 9,r00.00 4. Liquidambilslyraciflqa 28.00 $ 9,800.00 EA 28 $ 350.00 $ 9.800.00 5. Li,bdendrcn tulipifep 22.O0 $ 7,700.00 EA 22 $ 3s0.00 $ 7,700.00 10. ryrusc. Chattldeer 14.00 $ 5,040.00 EA 14 $ 360.00 s 5,040,00 6. Qretsus borealts 2s.00 $ &.750.00 EA 25 $ 350.00 $ 8,75000 11. Tiliacordak 19_00 6,745.00 '19 $ 6,745.00 $ 7 . Zelkova sffiala EA $ 355.00 Everg'€en Trees 31.00 $ 7,750.00 15. Juniperusv@iniana 31 250.00 $ 7,750,00 29.00 $ 7,250.00 14. Pbeaabies EA 29 $ 250.00 $ 7,250.00 32.00 $ 8,000.00 12. Prhus slmbus EA $ 250.00 $ 8,000.00 23.00 $ 7,250,00 13. Pseudotsuga menziesii EA 29 $ 250.00 $ 7,250.00 Shrubs 1,00 55.00 19. Chamaecyparis F. Aurea EA 1 s.00 $ 55.00 14.00 910.00 17. Conus amomm EA 14 65.00 $ 910.00 4.00 260.00 16. Eubnymous A. Compaeb EA 4 65,00 $ 260.00 2.00 130.00 20 . llex ffenata heai EA 2 65.00 $ 130.00 2.00 160.00 21. Tlwja O- Emeftld Greeo EA 80.00 $ 160.00 14.00 910,00 18. virburnumPlicstufi EA 14 65.00 $ 910.00

$ $ 1.00 $ 30,000.00 BESeEEAet9e9qlti$:l LS I $ 30.000.00 $ 30,000.00 $

2.P. OTHER 1. Cof,structionStakeout LS '1 $ 25.406.55 $ 25,406.55 $ 1.00 $ 25.406.55 1.00 $ 25,406.55 $ 1.00 8,843.00 2. Pins end Monuments and As-Builts LS 1 $ 8.843.00 $ 8,843.00 $ $ $ $

PagE 3 of 4 3127t2015 SUMMARY OF IMPROVEMENT E$CROW ACCOUNT DATE PREPARED: 31'Mar-2019 r:Rs: & AEsi](l4Y[5, 1e'- mt'" TOWNSHIPNO.: TOTAL ADMINISTRATION (CASH E$CROW): $ 5'000'00 Cryslal R€d Enterptiss' LLC G&A PROJECT NO.: AGENT Univest AGREEMENTDATE: 8-Jun-201 MAINTENANCE BOND AMOUNT ('l 50/o): $ 251,1 57-38 OF SECURIrY: Lotter of Credit

TOTAL EALANCE cosr 843,715.52 $ $ 843,715.52 $ $1,594,86/.s 75.515.18 $ $ $ (Balance - $755'151 $ 75.515.18 $ ANNUAL 10% CONSTRUGTION COST INCREASE as of 3i31119 $ I $ 167.438.25 $ $ s E43,/1C.SZ $ 843,715.52

REOUESTS AVAILAELE FOR RELEASE CURRENT REOUEST PRIOR REOUESTS TOTAL relEse) (irci" curst rel$se) cosr cosT {insl- cunent cosT OTY cosT Qfi COSI ATY COSI QTY

2.Q. Comtruction cct subtotal $ 1.598.867.34 Released as of December2017 (Release #1 1) $ 843,7'15.52 2017 (R€laas€ #1 1) $ 755,151.82 1.00 75,515.18 Balance as of December $ $ $ LS 1 75,515.18 $ 7s,5',15.18 $ 10% Annual Construction Cost lncrease $ (Ealaf,ce as of 3/31/tg - $755,1 51.82)

couilNGEJrtCY $ $ 1.00 $ 167,438"25 LS 1 $167,438.25 $ 167,438.25 $ 1. 10% Contingency and Mainienance

[9r€s: i . zof q+s-z+. fnhisl mnstruction cost issued for Phase I Land Development AgEement' Agreement. Nel change to consuuction cost 3 $0'00' Z. 20164g44, phase n costs updated prior lo recording of Phase ll Land Devleopment purposes' 3. 20184444, Phase I and Phase ll spreadsheb seperated for release +.zo.a.o+-oq-engineering/Legal&AdminisFalioncashscrowamounbbasedUponPhaseslandll' I to Phase 2 (line items 2.G. 6, 8, 9 (3,286 5Y), e 10 (2'234 tF)) S. 2019-03-3.1 - Moved Fox Meadm weering course Fom Phsse 6. 201S-03-3i. Added 10% annual inrease per PA MPC $509{h) (line item 2'O'1)'

Page 4 of 4 3lZ7l2o19 MONTGOMERY TOWNSHIP BOARD OF SUPERVISORS BOARD ACTION SUMMARY

SUBJECT: Consider Payment of Bills

MEETING DATE: May 13,2019 ITEM NUMBER: +2J..

MEETI NG/AGEN DA: WORK SESSION ACTION XX NONE

REASON FOR CONSIDERATION: Operational: XX lnformation: Discussion: Policy:

INITIATED BY: Lawrence J. Gregan BOARD LIAISON: MichaelJ. Fox, Township Manager Chairman of the Board of Supervisors

BACKGROUND:

Please find attached a list of bills for your review

ZONING, SUBDIVISION OR LAND DEVELOPMENT IMPACT:

None.

PREVIOUS BOARD ACTION:

None.

ALTERNATIVES/OPTI ONS:

None

BUDGET IMPACT:

None

RECOMMENDATION:

Approval all bills as presented

MOTION/RESOLUTION:

None.

DISTRIBUTION: Board of Su pervisors, Frank R. Bartle, Esq 05/I0/2079 01:08 PM CHECK REG]STER FOR MONTGOMERY TOWNSHIP Page: 1'/3 User: msanders CHECK DATE FROM 04 / 22 / 2019 - 05/ 10 / 20L9 DB: Montgomery Twp Check Date Bank Check Vendor Vendor Name Amount Bank 01 UNIVEST CHECKING

04 /22 /20Le 01 1 4829 00000371 HOT FROG PRINT MEDIA, LLC 2 , 998 .9't 04 /26 /20t9 01 74830 032L4568 FULTON CARDMEMBER SERVICES 2 | 10't .29 04 /26/20L9 01 '1 4B3L 00000009 PETTY CASH 458. 97 04 /26/2019 0l 7 4832 oo906102 READY REFRESH 78. B1 04 /26/20L9 0l 74833 100001007 TTMETRAK SYSTEMS. INC. 500. 00 04/26/2019 0l 1 4834 00000027 ARMOUR & SONS ELECTRIC, INC. 1", 400 . 00 05 / 03 /2019 01 1 4835 00000009 PETTY CASH L17. 69 05 /1.0 /20L9 0L 1 4836 00000496 21ST CENTURY MEDIA NEWSPAPERS LLC L,6"1 4. 03 05/ro/20L9 01" 1 4831 00000006 ACME UNIFORMS FOR INDUSTRY ozz. 92 05/L0/20L9 01- 74838 100000892 ADAM ZWISLEWSKI 2L5. 00 05/ro/20L9 01 1 4839 100000282 ADVANCED DISPOSAL L3,634. 00 05/LO/20L9 01 1 4840 00000340 ADVENT SECURITY CORPORATION 516 . 96 05/LO/20L9 01 't 484'L 00001202 AIRGAS, INC. 230. 01 't 05 / LO /20L9 01 4842 00000075 ALDERFER GLASS COMPANY, TNC. 269. 00 05/LO/2019 01 1 4843 100000876 ALEXANDER J. DEANGELIS 105. 00 05/L0/2019 0l- 1 4844 100001-025 AMANDA COOPER 20. 00 05/LO/2019 01_ 1 4845 L00000630 AMANDA ENTENBERG 00 '76 05/1"0/2019 0l_ 't 4846 l-00000814 AMAZON.COM SERVTCES, rNC )q1 05/10/2019 01_ 't 4841 0000?L23 AMERICAN COMBAT EVOLUTION r.90. 00 05/1,0/20L9 0l- 1 4848 100000888 ANDREW WEINER 90. 00 05/10/20t9 01 "7 4849 MfSC ANTHONY TVANOSKI, CPA 240. 66 05 /10 /20L9 01 ?4850 00001505 ARBOR DAY FOUNDATION 289. 08 05/LO/20L9 01 74851 00000027 ARMOUR & SONS ELECTRIC, rNC. 356. 25 05/LO/20L9 0l- 1 4852 00000030 ASSOCIATED TRUCK PARTS 250. 42 05/L0/20L9 01 1 4853 00000031 AT&T L20. 1B 05/L0/20L9 01 1 4854 00001997 AUTOMATIC SYNC TECHNOLOGIES, LLC 1to t2 05/L0/20L9 01- 74855 MTSC AUTOZONE 2,050 . 50 'J. 05/L0/2019 0l 1 4856 00000999 BCG_BENEFIT CONSULTANTS GROUP ,'t 96 . 75 05/LO/20L9 0l 7 485't 1"00001015 BELNICK INC 1",895. BB I I 05/LO/2019 0L 74858 00000043 BERGEY S L2 05/LO/2019 01 1 4859 MISC BEST IMPRESSION RACING/STORAGE D]VI r29 . 87 05/r0/20L9 01 1 4860 00000209 BOUCHER & JAMES, INC. 18,991. 57 05 /1"0 /20L9 01 1 486L 1000001-28 BOW WOW WASTE 999. 15 05/L0/20L9 01 't 4862 00000L01 BRIAN GERRARD 2, 6'1'7 . 82 05/10/20L9 0l 1 4863 00001075 BROMMI IS LULLABY FARM 4'1L. 00 05/LO/20L9 0l 't 4864 100000405 c.E.s. 77 05 / LO /20L9 01 1 4865 00000072 CANON FINANCTAL SERVICES, INC t,622 . 00 05 / LO /20L9 0t 1 4866 00001579 CARGO TRAILER SALES, INC 313. 06 05/LO/20L9 01 1 4861 100000878 CARL HERR trq 00 05/LO/2019 0l 1 4868 00001601 CDW GOVERNMENT, INC. 942. 71 05/L0/2019 01 1 4869 00000363 COMCAST 303. 11 05/L0/2019 0L 14810 00000335 COMCAST CORPORATION 622 50 05/L0/201.9 01 1481L 00000 602 CONRAD SIEGEL 3, 950 00 05/L0/2019 0l_ 7 4812 100000r03 DEEP RUN AQUATIC SERVICES, INC. 7, 500 00 'J.22 05 / L0 /20L9 01" 14813 00000118 DE].-VAL INTERNATIONAL TRUCKS, INC. 42 05/r0/20L9 01_ 14814 0000012s DISCHELL, BARTLE DOOLEY 28,823 75 05 / 10 /20L9 01 14815 00000125 VOID 0 00v 05/t0/20L9 01 14876 100000213 DOG TOWN 433 93 05/L0/20L9 0l 1 4811 00905026 DON LEN INC. 168 15 05/LO/201.9 0l 't 4B1B l-00000893 DONALD TUCKER l5 00 05/L0/20L9 0l "7 4B'19 00000967 DVHT _ DELAWARE VALLEY HEALTH TRUST 185,539 oz 05/LO/201"9 0l- 74BBO 00000612 DVMMA - DELAWARE VALLEY MUNICIPAL 1,099 35 05/L0/2019 01_ 7 4BBL 00000152 ECKERT SEAMANS CHERIN & 6,"72'l 46 05/ro/2019 01 '1 4BB2 l-00001018 EDITS 2019 150 00 05/L0/2019 01 74883 t-00000983 EDWARD JONES 130 00 g0 05/LO/20L9 01 "t 4BB4 0321.4663 ELITE 3 FACILITIES MAINTNEANCE, LLC 4 t'7 00 05/r0/20L9 01 ?4885 00000322 ETTORE VENTRESCA & SONS, INC. 2'1 | 352 , 40 05 /10 /20L9 01 1 4BB6 100000258 FRANK J. COLELLI 546. 75 05/10/20L9 01 1488'7 r-00000408 TSSOLUTIONS 329 .60 05/r0/20L9 01 74888 00001852 G.L. SAYRE, INC. 1, 099.95 05/LO/20L9 01 1 4889 00000188 GALLS/ AN ARAMARK CO., LLC 998 .7 6 05/LO/2019 0l- 1 4890 L00001012 GARY DAVIS L25.78 05/L0/203.9 0l 1 4B9L 00000r92 GENERAL RECREATTON, TNC. 6,31 6 .00 05/Lo/2019 0l 1 4892 00000193 GEORGE ALLEN PORTABLE TOILETS, INC. 62L .00 05/r0/20L9 0t "t 4893 00000672 GET IT GOT IT LLC 76.75 os/r0/2019 0l_ 7 4894 0000081? GILMORE & ASSOCIATES, INC. 49 ,53't .68 '1 05/r0/20L9 01_ 4895 00000817 VOID 0.00 05/L0/20L9 01 't 4896 00000198 GLASGOW, TNC. 355.49 05/to/20L9 01 1489-l 00001323 GLICK FIRE EQUfPMENT COMPANY INC 3L2.54 05/L0/201.9 01 1 489B 00001784 GOOGLE INC. 98.26 05/L0/201.9 01 '7 4899 00000608 GOOSE SQUAD L.L.C. 900.00 05/L0/201"9 01 '1 4900 00000229 GRAINGER 43.01 05 /t0 /2019 0l 1 4901 00000203 GRANTURK EQUIPMENT CO., INC. 14L.L0 05/r0/20L9 01 1 4902 00000114 HARLEYSVTLLE MATERfALSI LLC 432 ,43 15 HAVIS, INC. rt ,'192 .24 05/r0/20L9 0t 1 4903 000002 'J.,849.06 05/LO/20L9 01 't 4904 r00000162 HERMAN GOLDNER COMPANY, INC. 05/L0/20L9 0L 1 4905 00000903 HOME DEPOT CREDIT SERVICES 675.69 05/Lo/2019 01 '1 4906 oo44LL22 HORSHAM CAR WASH r.t8.00 05/L0/20L9 01:OB PM CHECK RBG]STER FOR MONTGOMERY TOWNSH]P Page: z/ r User: msanders CHECK DATtr FROM 04/22/201,9 - 05/I0/20L9 DB: Montgomery Twp Check Date Bank Check Vendor Vendor Name Amount 05/LO/2019 01 't 4901 100000882 JACOB MILLEVOI 60 00 05/L0/2019 01" '7 4908 100000882 JACOB MILLEVOI 45 00 05/L0/20L9 01 7 4909 100000882 .JACOB MILLEVOI 30 00 05/ro/20L9 01 1 49L0 100000889 JACOB WELTMAN 90 00 05/L0/20L9 01 1 49LL 00000890 JOHN H. MOGENSEN L24 56 05/L0/20L9 0l- 1 4912 100000881 JOHN H. MOGENSEN 285 00 05/r0/201.9 01 7 49r3 100000847 JOHN RUSHIN r,515 00 05/r0/2019 01 1 49L4 100000887 JON WASHINGTON 31s 00 05/1,0/2OL9 0L "t 49L5 r00000880 KEITH MILLER 2L0 00 05/:]0/2019 0t^ 't 49L6 00000264 KENCO HYDRAULICS, INC. L40 58 't ?oc 05/1,0/20L9 01" 49L'7 00000107 KENNEDY COMPANIES 00 05/r0/20L9 0l- 't 49L8 00000261 KERSHAW & FRITZ TIRE SERVICE, INC. 256 56 '72 05/L0/20L9 01 1 49L9 03214591 KIMBALL MIDWEST 57 t" 05/L0/2019 01 1 4920 00905029 KUNBI RUDNICK 440.00 0t 1 492L 00000057 LAWN AND GOLE SUPPLY COMPANY, INC. 229.82 05/L0/20L9 IS 05/10/2oL9 01 1 4922 00001706 LOWEI COMPANIES INC. 75.99 05 /10 /20L9 01 't 4923 00000354 MAD SCIENCE OF WEST NEW JERSEY 249.00 05/L0/20t9 01 't 4924 00001065 MAILLIE LLP 3 550.00 05/LO/20L9 0l- 7 4925 100000332 MARCY LYNCH FTTNESS I )) 5 00 05/LO/20L9 01 7 4926 00000689 MARY KAY KELM, ESQUIRE 82 5 00 05/LO/20L9 0l 1 4927 100000883 MARY NEWELL 2 0 0 00 05/ro/20L9 0l 1 4928 00000201 MASTERTECH AUTO SERVICE, LLC 4,2 7 I r8 05/r0/20t9 0l_ 1 4929 100000877 MATTHEW GIORGIO L 0 0 00 I os/r0/20L9 01 1 4930 l-00000788 MCDONALD S 2 7 5 93 05 /L0 /2019 01 1 4931- 00000743 MES - PENNSYLVANIA 9 0 46 05 /10 /20\9 0l_ 1 4932 1"00000875 MICHAEL BEAN 1 3 5 00 05 /r0 /2019 01 1 4933 L00000885 MICHAEL SHEARER L 2 0 00 't 05/L0/20L9 01 1 4934 L00000389 MISTRAS GROUP, INC 1 00 05/L0/20L9 01 1 4935 10 0 0 01017 MONOJYOTI GOSWAMI L,2 0 6 00 05/L0/20L9 0l 7 4936 10000102L MONTGOMERY COUNTY TREASURER 6 0 00 01 1 4931 100001020 MUGDHA KHALADKAR 3 6 I 00 05/L0/20L9 ,7 05/L0/201.9 01 '1 4938 00665599 MYREC. COM 4r9 0 00 05/ro/20]9 01- 't 4939 00000356 NORTH WALES WATER AUTHORITY 1 0 44 '7 05/10/2019 01- 1 4940 00000270 NYCE CRETE AND LANDIS CONCRETE L 4 91 05/ro/20].9 0l_ I 494L 00000795 OCTORARO NATIVE PLANT NURSERY, TNC 2,8 3 50 05/1"0/2019 01 1 4942 00000958 OUR TOWNE CATERING 1r 0 4 4 25 05/LO/2019 0l 1 4943 00000311 PA DEPT OF LABOR & INDUSTRY-B 2 0 14 05/L0/20L9 0l 1 4944 MISC PAUL KELLY HOME IMPROVEMENTS 5 9 25 0s/L0/20L9 0L 1 4945 100000890 PAUL MOGENSEN 0 00 05/L0/20L9 0L 1 4946 00000595 PENN VALLEY CHEMICAL COMPANY 31 8 23 05/L0/20L9 0L 1494'I 100001023 PENNDEL_MIDDLETOWN EMERGENCY 15 0 00 05/t0/20L9 01 1 4948 00000388 PENNSY],VANTA ONE CALL SYSTEM, INC. 24 6 66 05/ro/201"9 01 1 4949 00001358 PENNSYLVANIA RECREATION AND PARK 77 3 00 05 / L0 /20L9 01 1 4950 100000754 PETROLEUM TRADERS CORP. 3f 51 1 51 05 / r0 /20L9 0l- 1 495L 100000755 PETROLEUM TRADERS CORP. 3t1O 1 09 05/r0/201"9 01 1 4952 00000446 PHISCON ENTERPRISES, INC. 70 0 00 ?6 05 / 10 /201,9 01 1 4953 100000362 PUBLIC AGENCY TRAINING COUNCIL 0 00 05 / L0 /20L9 0l 7 4954 1_00001"0r.0 RACHEL GIBSON l0 5 00 '7 05/to/20L9 01" 74955 100000886 RACHEL TROUTMAN 5 00 05/LO/20L9 01 1 4956 00002033 REPUBLIC SERVICES NO. 320 2,05 3 33 '12 05/r0/20L9 01 1 4951 10 0 0 01011 ROGER MAYES 2 00 05 /r0 /2019 01 7 4958 r-00001022 RON FELECCIA 9 0 00 05 / L0 /2019 01 't 4959 000020r3 RR DONNELLEY 62 9 00 05/r0/201.9 0l_ 1 4960 100000873 RYAN ALLISON t5 0 00 05/L0/201.9 01 1 4961 100000873 RYAN ALLISON 3 0 00 05/r0/20L9 01 1 4962 100000873 RYAN ALLISON 60 00 05/L0/201"9 01 1 4963 1000008B4 RYAN RUDDELL 15 00 05/L0/2019 01 7 4964 00000969 SAFETY-KLEEN SYSTEMS, INC. I 040 96 05/L0/20L9 01 1 4965 MISC SCOOGIE EVENTS LLC I 000 00 05 / L0 /20L9 01- 7 4966 100000874 SEAN ALLISON 285 00 05/ro/20L9 01 1 4967 00000465 SHAPIRO FIRE PROTECTION COMPANY 15 2A 0s / to /20L9 01 1 4968 00000153 SHARON TUCKER 245 48 05/ro/2019 01 1 4969 00001030 SIGNAL CONTROL PRODUCTS, INC. 649 00 0s/r0/2019 0l '7 4910 00000467 SNAP-ON INDUSTRTAL 383 05 05/]_0/20L9 01 1491L 100000411 SPENCER D. BORINE 3s.00 05/Lo/20L9 01 1 4912 10000070r STAPLES BUSINESS CREDIT 899 .'16 05/L0/20L9 01_ 14973 1_00000203 SUE DREVERS 240.00 05/L0/20L9 0l_ 14974 100001024 TD BANK, N.A. 22 05/r0/20Le 0l- 1 49'7 5 00001783 THE HOMER GROUP JZJ t5 05/L0/20re 01 149'1 6 00001375 THE PARTNERSHIP TMA 2,4'79 00 05/r0/2019 01 '1 4911 00001005 THE RHOADS GARDEN 1",088 00 05/r0/20].9 0l- 14918 10 0 0 01016 THOMAS MCNEIL 2L8 00 05/r0/20L9 01 't 4919 00002036 TIMBERLINK CONSULTING ],LC l_, 950 00 05/L0/20L9 0l 74980 00000506 TRANS UNION LLC 15 00 05/LO/20L9 0L 1 4981 100000897 TREVOR DALTON 45 00 05/LO/20L9 01 1 4982 o32r4643 UNWINED & PAINT 350 00 05/L0/20L9 01 7 4983 1-00000012 USA FOOTBALL 2t928 09 40 05/ro/20t9 01 1 4984 00000040 VERTZON 1I 05/to/20L9 0l- 1 4985 00000040 VERTZON 115 30 05/L0/20Le 01 1 4986 00000040 VERIZON L54.99 05/L0/20L9 0L 1498't 00000040 VERIZON L85 ,2I 05/L0/201-9 01:08 PM CHBCK REGISTER FOR MONTGOMERY TOWNSHIP Page : 3 /3 User: msanders CHECK DATE FROM 04/22/2019 - 05/l-0 /201,9 DB: Montgomery Twp Check Date Bank Check Vendor Vendor Name Amount 05 /10 /20L9 0l- 1 49BB 00000040 VERI ZON 263. 46 05 /10 /20L9 0l 7 4989 00000040 VERI ZON L41 . 93 05/L0/2019 0L 1 4990 00000040 VERI ZON zo4. 50 05/L0/2019 0L 1 499L 00000040 VERIZON 139. 99 05/L0/20L9 01- 7 4992 00000038 VERIZON WIRELESS SERVICES, LLC L,620 . 35 05/L0/201.9 01- 1 4993 100000854 VINAY SETTY 300. 00 05/LO/20L9 01 1 4994 r00000891 VINCENT ZIRPOLI 300. 00 'l 01 1 4995 r0000090r VWP-VISIONARY WELLNESS PARTNERS ,024 . 44 05/r0/20t9 q?q 05 /r0 /20L9 01 7 4996 00001329 WELDON AUTO PARTS 04 05/r0/20L9 0l 7 4991 10 0 0 01019 WENDY SICILLIANO 42. 00 05 /r0 /20L9 01 "t 4998 00000632 WEST GENERATOR SERVICES INC. 1,804.48 05 /10 /20L9 01 '7 4999 10 0 0 01013 WILLIAM F. WIEGMAN III L"t5.76 05 / ro /2019 01 75000 00906130 WISMER AUTO INTERIORS L] 4 .90 05 /r0 /2019 01 75001 00001084 WITMER ASSOCIATES, INC. 826.93 05 /L0 /20L9 01 1 5002 100000229 YOUNG REMBRANDTS BUXMOUNT - PA 360.00 O1 TOTALS:

(2 Checks Voided) Totaf of 172 Disbursements: 416,049,02 os/10/2oLe Check List For Check Dates 04/23 /2OI9 to 05/L3/2OI9

Check Date Vendor Name Description Amount

04/24/2OLe STATE OF PA State Tax Payment 5 9,r99.26 os/or/2019 ICMA RC DROP Plan Payment s 5,536.68 os/01./2019 UNITED STATES TREASURY 945 Tax Payment s 6,780.76 os/02l2oLs BCG 40L 401 Payment s 16,462.4L os/02l2oLs BCG 457 457 Payment 5 13,469.97 0sl02/2oL9 PA SCDU Withholding Payment $ 802.03 os/02/2019 PBA PBA Payment s 900.00 os/02/2o1e UNITED STATES TREASURY 941 Tax Payment s 88,458.26 STATE OF PA State Tax Payment s 9,625.94 Total Checks: 9 S 151,235.31