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Home My WebLink About232183 05/07/14 c.q,��. CITY OF CARMEL, INDIANA VENDOR: 366198 j; ONE CIVIC SQUARE CORPORATE TRUST CHECK AMOUNT: $*****6,933.28* s, ,=q CARMEL, INDIANA 46032 ATTN:KIM WILSON CHECK NUMBER: 232183 9M,ir6N"�° 45 N PENNSYLVANIA ST INHP22 CHECK DATE: 05/07/14 INDIANAPOLIS IN 46204 DEPARTMENT ACCOUNT PO NUMBER INVOICE NUMBER AMOUNT DESCRIPTION 610 5023990 2 6,933.28 OTHER EXPENSES Jones & Henry Engineers, Ltd. 1980 EAST 116TH STREET,SUITE 260,CARMEL,INDIANA 46032.317/818-1805 www.jheng.com FAx• 317/818-1881 April 15, 2014 Lisa Kempa City of Carmel Utilities 30 Vilest Main St. Carmel, IN 46032 RE: Escrow payment#2, Contract 66F Amount sent to Escrow Agent: $6,933.28 Amount Sent to Contractor: $131,732.48 Sincerely J enry Engineers, Ltd. Tom Schreiber CONSULTING ENGINEERS 4087001020 v ESCROW AGREEMENT This Escrow Agreement made and entered into this day of , ' 2a , by and between City of Carmel, Indiana (herein called "Owner'), Atlas Excavating, Inc. (herein called "Contractor"), and as escrow agent(herein called "Agent'). The Owner and I' f Contractor entered into an Agreement Between Owner and Contractor (the "Agreement") dated , 20 , providing for the construction by Contractor of the Pennsylvania Parkway Water Transmission Main, Contract 66F , subject to the provisions of the Contract Documents. The Agreement provides that portions of i payments by Owner to Contractor shall be retained by Owner (herein called Retainage) and placed in an escrow account. Owner and Contractor agree as follows: a 1. Owner will hereinafter deliver or cause to be delivered to Agent the Retainage from each progress payment as designated in the Agreement to be held in r escrow in accordance with the terms of the Escrow Agreement. � I 2. The Agent acknowledges its periodic duty to receive the Retainage and to hold the Retainage according to the terms and conditions of this Escrow Agreement. i 3. Upon receipt of the Retainage, Agent shall promptly deposit the Retainage in a special account. Agent shall invest all cash proceeds held in any short-term or money market fund available to such accounts through Agent's trust department which are considered prudent to safeguard principal, to earn reasonable interest and to make funds available within a reasonable time for distribution when required. 4. The Agent shall not be responsible for the sufficiency or accuracy of the form, execution, validity, or genuineness of the Retainage deposited. Further, Agent shall not be responsible for any endorsement of Retainage or liable in any respect on account of the identity, authority, or rights of the party executing or delivering, or purporting to execute or deliver, any Retainage. 4' 5. The Escrow Agent shall be.deemed to.have no notice.of, and shall not be i - controlled, limited, or bound by, any provision contained in any other agreement, contract, or document between the Owner and Contractor or between either or both of them, individually or collectively, and any other entity, except as such I provisions specifically are contained in this Escrow Agreement. l: 6. This Escrow Agreement and anything done or performed hereunder by either Contractor or Owner shall not be construed to prejudice or limit the claims which either party may have against the other arising out of the aforementioned Agreement Between Owner and Contractor. 7. Before any remittance of income received hereunder, Agent shall deduct its fee which shall -be computed -in accordance with the Escrow Retainage Fee Pennsylvania Pkwy water Transmission Main/451-6051 E-1 J CiTY OF CAPMEL Crow A nt Es reeme g a 4 4087001020 - Schedulq which is attached hereto as;Fxhiblt/Y1 and made a part hereof. Agent also agrees that there is no termination fee and. all fees must be paid from-the . escrowed income of the escrow account. 8_ Agent shall hold the escrow Retainage until the following: ' a. Receipt of written authorization from Owner specifying the portion or ` portions of the escrow Retainage to be released from the escrow account to Contractor. Upon receipt of such notice, Agent shall consider it a direction and promptly remit the designated portion of the escrow Retainage and income as directed; or b. In the. event of a disagreement between the Owner and Contractor, or '. among them and any other entity, resulting in adverse claims and demands being made in connection with, or for, any escrow Retainage held pursuant to the terms of this Escrow Agreement, the Escrow Agent shall refuse to comply with the claims or demands as long as such disagreement shall continue, and in so refusing the Escrow Agent may' make no delivery or other disposition of the Retainage, and in so doing the Escrow Agent shall not be or become liable in any way to any person , for the Escrow Agent's failure or refusal to comply with such conflicting or adverse demands; and the Escow Agent shall be entitled to continue to refrain from acting and to refuse to act until the Escrow Agent receives authorization as follows: I 1) Authorization executed by the Owner and Contractor; i 2). Receipt of a certified or file stamped copy of a court order resolving a disputed claim or directing a specific distribution of all or any portion of said funds, Agent will make distribution in accordance with such order; or I1; I 3) Ruling pursuant to arbitration in accordance with Indiana Law resolving the disagreement or directing a specific distribution-.of all..of the Retainage. j Upon receipt of any such authorization, Agent shall promptly act according to the terms of such authorization and thereby Agent shall be relieved from any duty, responsibility, or liability arising from the adverse claims and demands or arising i from the terms of this Escrow Agreement. 9. The duties and responsibilities of Agent shall be limited to those expressly set I forth herein, to hold such money and to pay and deliver to such person and Lander such conditions as herein set forth. Agent shall act in good faith using its best judgment. Agent shall not be liable for any act taken or omitted in good i i Pennsylvania Pkwy Water Transmission Main1451-6051 E-2 CITY OF CARMEL Escrow Agreement" 4087001020 faith and shall be fully protected when relying on any written notice, demand, certificate or document which it believes to be genuine... . 10. The delivery of the Retainage in acoordanoe with the terms and conditions of this Escrow Agreement shall wholly discharge the Escrow Agent from all responsibility hereunder and shall terminate the Escrow Agreement as applied to the Retainage so delivered. 11. Any notice in writing required or permitted to be given by the Escrow Agent will be deemed to have been sufficiently given if personally delivered or if mailed in l an envelope addressed to the following address or such other address as Owner and Contractor hereafter may specify in written notice to the Escrow Agent. a. Owner: City of Carmel, Indiana I' One Civic Square Carmel, Indiana 46032 b. Contractor: Atlas Excavating, Inc. 4740 Swisher Road West Lafayette, Indiana 47906 i 12. This instrument constitutes the entire agreement between the parties regarding the duties of Agent with respect to the investment and payment of the escrow Retainage. t 13. This Escrow Agreement shall be governed, construed, and enforced according to the laws of the State of Indiana and shall be binding upon, and inure to the benefit of, . each party.'s successors, assigns, heirs, executors, and j. administrators. 14. Time is of the essence in the performance of this Escrow Agreement and of any terms or conditions thereof. i • j 15. If any article, term, condition, phrase, or.clause of this Escrow Agreement shall. be invalid or unenforceable, such illegality or unenforceability shall not affect any other article, term, condition, phrase, or clause. i Pennsylvania Pkwy water Transmission Main/451-6051 E-2 CITYOF CARMEL Escrow Agreement -, 4087001020 J i i. i i I CONTRACTOR: OWNER: Atlas Excavating, Inc. City of Carmel glAtr Address: 4740 Swisher Road Address: ne Civic S are i Nest Lafayette, Indiana 47906 Carmel, Indiana 46032 i - Title: Tina Dillon, President Title: I ' I Date: Date:- I ESCROW AGENT: CI 60 45 North Pennsylvania S�t. I i Address y NHP 2'2 Indianapolis, IN 46204 1 i i I I Title Vice President, Corporate Trust I Date 12/12-/2013 i i I ' I f Pennsylvania Pkwy Water Transmission Main[451-6051 E-2 CITY OF CARMEL ! Escrow Agreement i 1 i I r 3 IF i i I ! I 'I DIRECTIONS FOR ESCROW AGREEMENTS/ACCOUNTS 1. Sign all five agreements and return one copy to Atlas.'Atlas will forward a copy onto Huntington National Bank. ; i 2. When mailing payment for a progress estimate please mail Retainage payment to the following address for deposit into the Escrow Account. Send check to: Corporate Trust ! �. Attn: Kim Wilson 45 North Pennsylvania Street 1NHP22 Indianapolis, IN 46204 Please reference Account Number: 4087001020 3. When ACH or Wiring ABA payments for a progress estimate-please transfer , Retainage payment to the following for deposit into the Escrow Accotmt. 3 Huntington National'Bank, Columbus, Ohio ABA#044000024 I CR HNB TRUST WIRE 01891662889 Attn: Corporate Trust i Fur Ref Atlas Excavating Escrow—A/C#4087001020 4. Once the project is finished and the escrow account is ready to be released a form will be sent for all parties to sign to close the account. a i I i I i I l I I 1 i t AIA Type Document Application and Certification for Payment Pg 1 of.3 TO(OWNER):City of Carmel, Indiana PROJECT:CARMEL-PENNSYLVANIA PARKWAY APPLICATION NO: 3 DISTRIBUTION One Civic Square PERIOD TO:3/31/2014 TO: _OWNER Came\,\N 46032 _P.'(ZCHITECT _CONTRACTOR FROM(CONTRACTOR):Atlas Excavating, Inc. VIA(ARCHITECT): ARCHITECT'S 4740 Swisher Road PROJECT NO:Contract 66F West Lafayette,IN 47906 CONTRACT FOR:Pennsylvania Parkway Water Transmission Main CONTRACT DATE: 12/18/2013 The Undersigned Contractor certifies that to the best of the Contractor's knowledge,information and CONTRACTOR'S APPLICATION FOR PAYMENT belief the work covered by this application for Payment has been completed in accordance with Application is made for Payment,as shown below,in connection with the Contract. the Contract Documents,that all amounts have been paid by the Contractor for Work for which Continuation Sheet,AIA Type Document is attached. previous Certificates for Payment were issued and payments received from the owner,and that current payment shown herein is nowdue. 1.ORIGINAL CONTRACT SUM ...... ..... . .. ......$ 1,022,860.00 2.Net Change by Change Orders .. . ....... ......$ 13,401.00 CONTRACTOR: Atlas Excavating,Inc. 4740 Swisher Road,West Lafayette, IN 47906 3.CONTRACT SUM TO DATE (Line 1 +2). .. ........ $ 1,036,261.00 (l ( 1q, 9"V1q 4.TOTAL COMPLETED AND STORED TO DATE ...... $ 940,565.86 By: � ��,�_ Date: �l► l` " Andrew Dodson / Project Manager 5.RETAINAGE: State of: IN a. 5.00%of Completed Work $ 47,028.30 County of: Tippecanoe ELIZABETH GOL N b. 0.00%of Stored Material $ 0.00 Subscribed and Sworn to before me this � iefo Total retainage(Line 5a+5b). ...... . .. ...... $ / 47,028.30 Notary Public: rmrw LuV 1t�7/�v My Commission Expires Feb 11,2021 My Commissio*Eires: 07-`11 G(f- - 6.TOTAL EARNED LESS RETAINAGE. .... . .. . . .. .. $ 893,537.56 ARCHITECT'S CERTIFICATE FOR PAYMENT (Line 4 less Line 5 Total) 7.LESS PREVIOUS CERTIFICATES FOR PAYMENT In Accordance with the Contract Documents,based on on-site observations and the data com- 761,805.08 prising the above application, the Architect certifies to owner that to the best of the Architect's (Line 6 from prior Certificate)...... ....... .. ..... .$ knowledge,information and belief the;Work has progressed as indicated,the quality of the work 8.CURRENT PAYMENT DUE . . . .. . . .... . . . . . . .. . .$ 131,732.48 is in accordance with the Contract Documents, and the Contractor is entitled to payment of the AMOUNT CERTIFIED. 9.BALANCE TO FINISH,INCLUDING RETAINAGE (Line 3 less Line 6) $ 142,723.44 AMOUNT CERTIFIED.. . . ......... .................. $ (Attach explanation if amount certified,differs from the amount applied. Initial all figures on this CHANGE ORDER SUMMARY ADDITIONS DEDUCTIONS Application and on the Continuation Sheet that are changed to conform to the amount certified.) Total changes approved in ARCHITECT: previous months by Owner 0.00 0.00 Date: By: Total approved this Month 13,401.00 0.00 This Certificate is not negotiable. The,AMOUNT CERTIFIED is payable only to the Contractor named herein.Issuance,Payment and acceptance of payment are without prejudice to any TOTALS �13,:40�1.00 �� 40rights of the Owner or Contractor under this Contract. NET CHANGES by Change Order Prescribed by State Board of Accounts Form No.301(Rev.1995) ACCOUNTS PAYABLE VOUCHER TO ADDRESS Invoice Date Invoice Number Item Amount I hereby certify that the attached invoice(s), or bill(s), is (are) true and correct and that the materials or services itemized thereon for which charge is made were ordered and received except Mo. Day Yr. Signature Title I hereby certify that the attached invoice(s), or bill(s), is (are)true and correct and I have audited same in accordance with IC 5-11-10-1.6. Mo. Day Yr. ff er Title Voucher No. Warrant No. ACCOUNTS PAYABLE DETAILED ACCOUNTS MUNICIPAL WATER DEPT. ANO. n CARMEL, INDIANA l 'pom/1 P 7—A15�r Of d#{ ); k("" It,,'1S0,a Y 5 N /Or„v,vsr/VAN, Sf. 1 Nl�P2z Total Amount of Voucher $ Deductions Amount of Warrant $ Month of Yr VOUCHER RECORD Acct. Source of Supply Water Treatment Transmission and Dist. Customer Acc s f Administrativ a / 1 TV O eration- ai enance Utility Plant in Service Constr.Work in Progress Materials and Supplies Customers Deposits Total Allowed Board of Control Filed Official Title ROYCE FORMS.SYSTEMS 1-800-382-8702 325