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186680 06/21/2010 CITY OF CARMEL, INDIANA VENDOR: 362780 Page 1 of 1 ONE CIVIC SQUARE LITHKO CONTRACTING CHECK AMOUNT: $18,546.80 CARMEL, INDIANA 46032 PO Box 270 4 MONROE OH 45050 �o CHECK NUMBER: 186680 CHECK DATE: 6/2112010 DEPARTMENT ACCOUNT PO NUMBER INVOICE NUMBER AMOUNT DESCRIPTION 902 4460807 APP 3 18,546.80 PERFORMING ARTS CENTE APPLICATION AND CERTIFICATE FOR PAYMENT CONSTRUCTION MANAGER- ADVISER EDITION AIA DOCUM. ENT G7021CMa PAGE ONE OF PAGES TO OWNER: PROJECT: CPAC RETAINING APPLICATION NO: 3 RETAINER REQUEST Distribution to: CITY OF CARMEL, REDEVELOPMENT COMMISSION WALL PERIOD TO: March 3.1, 201.0 FIOWNER ONE CIVIC SQUARE PROJECT NO: 3658 -7300 CONSTRUCTION CARMEL, IN 46032 BCCI JOB# L5592 MANAGER FROM CONTRACTOR: CHECKREM17T,4NCE::ADDRESS. CONTRACT DATE: ARCHITECT LITHKO CONTRACTING, INC. LITHKO CONTRAGTING,;INC.. 7CONTRACTOR P.O. BOX 270 P.O. BOX 270' MONROE, 01 45050 MONROE; OHIO 45050 VIA CONSTRUCTION MANAGER: SHIEL SEXTON CO., INC CONTRACT FOR: Place /Finish Concrete VIA ARCHITECT: CSO ARCHITECTS INC CONTRACTOR'S APPLICATION FOR PAYMENT The undersigned Contractor certifies that to the best of the Contractor's knowledge, Application is made for payment, as shown below, in connection with the Contract. information and belief the Work covered by this Application for Payment has been Continuation Sheet, AIA Document G703, is attached. completed in accordance with the Contract Documents, that all amounts have been paid by the Contractor for Work for which previous Certificates for Payment were issued and payments received from the Owner, and that current payment shown herein is now due. 1. ORIGINAL CONTRACT SUM 176.000.00 2. Net change by Change Orders 9,468.00 CONTRACTOR: LITHKO CONTRACTING, INC. 3. CONTRACT SUM TO DATE (Line I t 2) 185,468.00 4. TOTAL COMPLETED STORED TO DATE 185.468.00 RY P (Column G on G703) By: Date: March 10, 2010 5. RETAINAGE: A A A N, ,➢TOR a. 0 of Completed Work 0.00 State of: of: WARREN (Column D E on G703) Subscribed and sworn to b lE ADE�[areh, 2010. b. of Stored Material Notary Public: otary "!c,state vv p (Column F on 0703) My Commission expc s: Total Retainage (Lines 5a+ 5b or �O A ;miwf n Total in Column I of G703) 0.00 ZERTWMWITTOWPAYM EN y 6. TOTAL EARNED LESS RETAINAGE 185,468.00 In accordance with the Contract Documents, based on on -site observations and the data (Line 4 less Line 5 Total) comprising this application, the Construction Manager and Architect certify to the 7. LESS PREVIOUS CERTIFICATES FOR Owner that to the best of their knowledge, information and belief the Work has PAYMENT (Line 6 from prior Certificate) 166,921.20 progressed as indicated, the quality of the Work is in accordance with the Contract 8. CURRENT PAYMENT DUE 18,546.80 Documents, and the Contractor is entitled to payment ofthe AMOUNT CERTIFIED. 9. BALANCE TO FINISH, INCLUDING RETAINAGE 0.00 1 5q( Line 3 less Line 6 AMOUNT CERTIFIED `p CHANGE ORDER SUMMARY ADDITIONS DEDUCTIONS (Attach explanation ifamount certified differs ni the amount applied for. Initial all ota changes approve figures on this Ap I' tion and on the Conti at ort sheet that changed to conform to the in revious months by Owner $9,468.00 $0.00 amount certified CO TRUCTI AGER: EL 5 �X N CO., INC. Total approved this Month $0.00 $0.00 By: Date: A C CHITEC S INC. TOTALS $9,468.00 $0.00 By: Date: NET CHANGES by Change Order $9,468.00 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 rights of the Owner or Contractor under this Contract. e c a- THE AMERICAN INSTITUTE OF ARCHITECTS, 1745 NEW YORK AVE., N.W., WASHINGTON, DC 20006 -5292 Users may obtain validation of this document by requesting of the license a completed AIA Document D401 Certification of Document's Authenticity CONTINUATION SHEET AIA DOCUMENT G703 PAGE OF PAGES AIA Document G702, APPLICATION AND CERTIFICATION FOR PAYMENT, containing APPLICATION NO: 3 RETAINER REQUEST Contractor's signed certification is attached. APPLICATION DATE: 3/10/2010 In tabulations below, amounts are stated to the nearest dollar. PERIOD TO: 3/31/2010 Use Column l on Contracts where variable retainage for line items may apply. ARCHITECT'S PROJECT NO: 3658 -7300 CPAC RETAINING WALL 5592 CONtNACTINO, INC. A B C D E F G II I ITEM DESCRIPTION OF WORK SCHEDULED WORK COMPLETED MATERIALS TOTAL BALANCE RETAINAGE NO. VALUE FROM PREVIOUS THIS PERIOD PRESENTLY COMPLETED (G C) TO FINISH (IF VARIABLE APPLICATION STORED AND STORED (C G) RATE) (NOT IN TO DATE D OR E) (D +E +F) 1 MOBILIZATION JOB SETUP 10,000.00 10,000.00 0.00 0.00 10,000.00 100% 0.00 $0.00 2 PAYMENT PERFORMANCE BOND 2,000.00 2,000.00 0.00 0.00 2,000.00 100% 0.00 $0.00 3 FOUNDATIONS 34,000.00 34,000.00 0.00 0.00 34,000.00 100% 0.00 $0.00 4 RETAINING WALLS 80,000.00 80,000.00 0.00 0.00 80,000.00 100% 0.00 $0.00 5 BACKFILL 45,000.00 45,000.00 0.00 0.00 45,000.00 100% 0.00 $0.00 6 ALLOWANCE 5,000.00 5,000.00 0.00 0.00 5,000.00 100% 0.00 $0.00 CO #1 9,468.00 9,468,00 0.00 0.00 9,468.00 100% 0.00 $0.00 0.00 0.00 0.00 0.00 0.00 0% 0.00 $0.00 0.00 0.00 0.00 0.00 0.00 0% 0.00 $0.00 0.00 0.00 0.00 0.00 0.00 0% 0.00 $0.00 0.00 0.00 0.00 0.00 0.00 0% 0.00 $0.00 0.00 0.00 0.00 0.00. 0.00 0% 0.00 $0.00 0.00 0.00 0.00 0.00 0.00 0% 0.00 $0.00 0.00 0.00 0.00 0.00 0.00 0% 0.00 $0.00 0.00 0.00 0.00 0.00 0.00 0% 0.00 $0.00 0.00 0.00 0.00 0.00 0.00 0% 0.00 $0.00 0.00 0.00 0.00 0.00 0.00 0% 0.00 $0.00 0.00 0.00 0.00 0.00 0.00 0% 0.00 $0.00 0.00 0.00 0.00 0.00 0.00 0% 0.00 $0.00 0.00 0.00 0.00 0.00 0.00 0% 0.00 $0.00 0.00 0.00 0.00 0.00 0.00 0% 0.00 $0.00 0.00 0.00 0.001 0.00 0.00 1 0% o.00 i $0.00 GRAND TOTALS 185,468.00 185,468.001 6.00 0.00 185,468.00 1 100%1 0.00 $0.00 Users may obtain validation of this document by requesting of the license a completed AIA Document D401 Certification of Document's Authenticity Page 1 of I JMP92 -20 -F Effective- 1 /31 /01 s CONSENT OF SURETY ONVNFR TO FINAL PAYMENT ARCHITECT Cl CONTRACTOR 0 AIA Docu)nent G707 SURETY 0 (Instructions on revel :tie side) Bond NO. 33BCSFL091I OTHER 11 TO OWNER: ARCHITECT'S PROJECT NO,: (Nrunr tool udrGrcc) City of Carmel One Civic Square CONTxACI'FOR: Retaining wall and foundation Carmel, IN 46032 work for Parcel 7A PROJECT: CONTRACT UA'I *ED: (New+e rind arlrGtKN) Regional Performing Arts Center In accordance with the provisions of the Contmct between the Owner ind the Contractor as indicated alxwe, the 1111sert name anti arldn'.c" of.yvm'ro Hartford Fire Insurance Company One Hartford Plaza Hartford, CT 061.55 SURIiTY, on boncl of (buerY umue cure) udrhz^.cr of C.rurh nclu+7 Lithko Contracting, Inc. 7706 M o_ller Road Indianapolis, IN 46268 CONTRACTOR, hereby 1tl)pr0ve4 Of dte final payment to the Convactor, anti agrees that final payment to the Contractor shall not relieve the Surety of any of its obligations to (1 naerY name a +ul adrlrt:a ujOu vrer7 City of Carmel One Civic Square Carmel, IN 46032 OWNER, XS set forth in said Surety's bond. IN WITNESS WI•ILREOC, the Surety has hereunto set Its hand on this date: March 24, 20 (hutuY hr rrd(hig the mwubfullauv:d br A ouanaiic title aad reKrr.) Hartford Fire Insurance Company (Gnzrt7 BY 0—t (5ignarr�rt +rjrurllx�rkxKl rt /as:arrrruhe9 Attest: (Seri): S usan A. Yeazell Attorney -in -Fact (P�drrlrrl+unuc tool tide! Surety Phone No. 5 13- 333 -205 1 AIA DOCUMENT G707 CONSPNTOFSI'H{:lY'I"O FWAI. FAYMF.N r 1194 EDITION 'AIA 1 f1 1914 'Rir A.1ir AY INSC17UlT OF AE2CIi11T:GT5, 1 735 KF. \V YURK AVF.NUIi, MI. YC'Atil ING7On, D.G. 29006.5292 G707 -1994 Direct inquiries /Clairns tc: 0 TW ER THE HARTFORD N, ATTO sonl�, T-4 P,O. BOX 2103, 690 ASYLUM AV HART FORD, CONNECTICUT 061 5) cal?: BBS -266 -34BB br fax: 86C- 757 -55?5 KNOW ALL P =RSORS BY THESE PRESENTS THAT; Agency Code: 33 33 Hartford Fire Insurance Company, a comoration duly organized under the jaws or the State of Connecticut Hartford Casualty insurance Company, a corporation duly organized under the laws of the Siatc of Indiana k Hartford Accident and indemnity Company, a comoration duly organized under the laws of the Statt of Connecticut 'Hartford Underwriters Insurance Company, a cor duly organized under the laws of the State of Connecticut Twin City Fire Insurance Company, a corporation duly organized under the laws of the State of Indiana Hartford insurance Company of Illinois, a comoration duly organized under the laws of the State of Illinois Hartford insurance Company.of the Midwest, a comoration duly organized unde -the laws of the State ofindiana Hartford Insurance Company of the Southeast, a corporation duly organized under the laws of the State of Fiorida having their home office in Hartford, Connecticut, (hereinafter collectively referred to as the "Companies do hereby make, constitute and appoln:, uP to the amount of unlimited: Susan A. Yeazell, Dan E. Ries of Cincinnati, OH; Deb lvfarkland, Kimberly D. Richards, Michael D. Ward, Dayton OH their true and lawful Attorney(s) -in -Fact, each in their separate capacity if more than one is named abcve, to sign its name as surety(es) only as delineated above by Z, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and othr written Instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and'' executing or guaranteeing bonds and undertakings requi or permitted in any actions or proc allowed by law. In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on January 22, 200= the Companies have caused these presents to be signed by its Assistant Vice President and its corporate seais to be hereto affixed, duly attested by its Assistan: Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambioucusly affirm that they are and will be bound by any mechanically applied sionatures applied to this Power of Attorney. yTT IV r to Xt t +f r�. y OL 4 jr �AMt Sig '�'r` c un� a ti.��'P g 't ,y; ­A y�,,Kpootn 'e< i r L1P.7 C x °t {e r _'S I iii a +.r,tav,`" �•owp.� 1 g i 4 G AF` 4 'jet ;�aL w�...1� r'r,�\ rr Scot; Sadowsky, Assistant Secretary M. Ross Fisher, Assistant Vice President STATE OF CONNECTICUT �s. Hartford COUNTY OF HARTFORD On this 3rd day of March, 2008, before me personally came M. Ross Fisher, to me known, who being by me duly sworn, did depose and say: that he resides in the County of Hartford, State of Connecticut; that he is the Assistant Vice President of the Companies, the corporations described in and which executed the above instrument; that he knows the seals of the said corporations; that the seals affixed to the said instrument are such corporate seats; that they were so affixed by authority of the Boards of Directors of said corporations and that he signed his name thereto by like authority. E. p t+Ar y f �f Scott E. Paseka Notary Public CERTIFICATE My Commission Expires October 31,2N2 I, the undersigned, Assistant Vice President of the Companies, DO HEREBI' CRTIFY that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is still in full force effe.;tive as of March 24 20 Signed and sealed at the City of Hartford. �S7Y J�� 40 Gary W. Stumper, Assistant Vice President WAIVER OF LIEN LITHKO CONTRACTING, INC. the Prime Contractor, having a Contract with CITY OF CARMEL for the PLACE FINISH CONCRETE work situated on or around or in front of the following described property: Project: CPAC RETAINING WALL Address: 211 CITY CENTER DRIVE, CARMEL, IN 46032 Owner: CITY OF CARMEL, REDEVELOPMENT COMMISSION has performed work and /or furnished Labor, Services, Materials, Equipment, or Machinery for the Project and waives, releases and surrenders any claim, lien or right of lien for all work, labor, materials, equipment, machinery and services provided by the Prime Contractor through the period for which payment was received from CITY OF CARMEL in the amount of 125, 100.00 Prime Contractor further states that no other person has any rights to a lien or claim against the Contractor or the Owner on account of work, labor or services performed or material, equipment or machinery furnished to the Prime Contractor for this project through the period for which payment was received from CITY OF CARMEL in the amount of 125,100.00 The undersigned further certifies that he /she is authorized to sign this lien waiver and that this document is being executed and signed completely free of duress or harassment. I, J. ANITA BUCHEIT being BILLING ADMINISTRATOR of it e LITHKO CONTRACTING, INC. acknowledge the foregoing in full and certify that this is a true and accurate statement. Executed this 24TH day of MARCH _,20 10 9 (Signature) State of OHIO County of WARREN Subscribed and sworn to before me this 24TH day of MARCH 20 10 p.R „U A; E E. YERKE S m S ate of Ohio ass My Commission Expires May 21, 2014 ti No. 2009 -RE- 26324 0 w� `prescribed by State Board of Accounts ACCOUNTS PAYABLE VOUCHER City Form No. 201 (Rev. 1995) CITY OF CARMEL ri An invoice or bill to be properly itemized mu §t:show: kind of service, where performed, dates service rendered, by whom, rates per day, number of hours, rate per hour, number of units, price per unit, etc. Payee G� KU ivy Ii l �i� c Purchase Order No. Terms r7p %rG�� Ofd �f5 DSG Date Due Invoice Invoice Description Amount Date Number (or note attached invoice(s) or bill(s)) a 3 SYGS Total 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. 20 Clerk- Treasurer VOUCHER NO. WARRANT NO. ALLOWED 20 16y1,7,hK IN SUM OF l 0k 2 7G �oh rr�,� Uf/ �I SUS� ON ACCOUNT OF APPROPRIATION FOR Pay from TIF J I 10 Board Members PO# or D PT. INVOICE NO. ACCT #/TITLE AMOUNT I hereby certify that the attached invoice(s), or qeh 2 7 l9 S �K!�D bill(s) is (are) true and correct and that the materials or services itemized thereon for which charge is made were ordered and fr received except S_ 20/,:::) Signature Director of Redevelopment Title Cost distribution ledger classification if claim paid motor vehicle highway fund