HomeMy WebLinkAbout161455 07/11/2008 CITY OF CARMEL, INDIANA VENDOR: 361523 Page 1 of 1
ONE CIVIC SQUARE LINCOLN BANK
�i
�o CARMEL, INDIANA 46032 ATTN MAX C HANK CHECK AMOUNT: $25,759.10
905 SOUTHFIELD DR CHECK NUMBER: 161455
PLAINFIELDIN 46168
CHECK DATE: 7/11/2008
DEPARTMENT ACCOUNT PO NUMBER INVOICE NUMBER AMOUNT DESCRIPTION
106 5023990 25,759.10 OTHER EXPENSES
APPLICATION AND CERTIFICATE FOR PAYMENT AIA DOCUMENT
TO (OWNER): PROJECT: Founders Park Infrastructure Phase 1 APPLICATION NO. 1 DISTRIBUTION TO:
Carmel/ Clay Board of Parks and Recreation OWNER XX
Attn.: Mark Westenmeler
1411 East 116th Street VIA (ARCHITECT): PERIOD TO: 6130/2008
Carmel, IN 45032
FROM: Central Engineering Construction Associates, Inc. ARCHITECTS
3862 N. Commercial Parkway PROJECT NO:
Greenfield, IN 46140
CONTRACT FOR: SITE IMPROVEMENTS CONTRACT DATE: 22- May -08
Application made for Payment, as shown below, in connection
CONTRACTOR'S APPLICATION FOR PAYMENT with the contract.
Continuation Sheet is attached.
CHANGE ORDER SUMMARY
1. ORIGINAL CONTRACT SUM $1,015,718.00
Change Orders approved In ADDITIONS DEDUCTIONS 2. Net Change by Change Orders $0.00
previous months by owner 3. CONTRACT SUM TO DATE $1,015,718.00
TOTAL 4. TOTAL COMPLETED STORED TO DATE $257,591.00
Approved this Month (Column G)
No. Date Approved 5. RETAINAGE:
a. 10.00% of Completed Work $25,035.10
(Column D +E)
b. 10.00% of Stored Material
(Column F) $724.00
TOTALS1 mol Total Retainage (Line 5a +5b) or $25,759.10
Net Change by Change Orders (Total in Column 1)
$0.00 G. TOTAL EARNED LESS RETAINAGE $231,831.90
The undersigned Contractor certifies that to the best of the Contractors (Line 4 less Line 5 Total)
knowledge, information, and belief the Work covered by this Application 7. LESS PREVIOUS CERTIFICATES FOR $0.00
for Payment has been completed in accordance with the Contract Docu- PAYMENT (Line 6 from prior Certificate)
ments, that all amounts have been paid by the Contractor for Work for 8. CURRENT PAYMENT DUE $231,831.90
for which previous Certificates for Payment were Issued and payments 9. BALANCE TO FINISH, PLUS RETAiNAGE $783,886.10
recelved from the Owner, and that current payment shown herein is (Line 3 less Llne 6)
now due.
CONTRACTOR: CENTRAL ENGINEERING CONSTRUCTION ASSOC., INC.
State of: Indiana County of Hancock
BY: D t DATE: 6 ZSI O8 Subscribed and om to before me this�� day of June,2008
Karen Harth Powers, President Notary Public: C,� ✓i
My Commission Expires: April 21, 201
AMOUNT CERTIFIED
ARCHITECT'S C E R T I F I C A T E FOR PAYMENT (Attached explanation if amount certified differs from the
amount applied for.)
In accordance with the Contract Documents, based on on -site observa- ARCHITECT:
tions and the data comprising the above application, the Architect certifies
to the Owner that to the best of the Architect's knowledge, information, By: Date:
and belief the Work has progressed as indicated, the quality of the Work is This Certificate In not negotiable. The AMOUNT CERTIFIED is
Is in accordance with the Contract Documents, and the Contractor is payable only to the Contractor named herein. Issuance, pay
entitled to payment of the AMOUNT CERTIFIED. PO4r /4, D 913 ment and acceptance of payment are without prejudice to any
rights of the Owner or Contractor under this contract.
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ESCROW! AGREEMENT
THIS ESCROW "AGREEMENT" made and entered into by and between
L- „,J COLn1 )3R,-)K (herein called "Escrow Agent the
Carmel /Clay Board of Parks and Recreation (herein called "Owner and
�L EiJci /N /Nq l ONScxuc (herein called "Contractor
WHEREAS, the Owner and the Contractor have entered into a Contract "the
Contract dated 2 2008, providing for the construction by the Contractor
of a public work subje t to provisions of Indiana Code; and
WHEREAS, said Contract provides that portions of payments by Owner to
Contractor shall be retained by Owner (said payments herein referred to as
"retainage and;
NOW THEREFORE, it is agreed as follows:
1. Owner will hereafter deliver or cause to be delivered to Escrow Agent the
retainage under the Contract to be held in accordance with the terms of this
Agreement and I.C. 36- 1 -12 -14 (the "Escrow Statute
2. Escrow Agent shall invest and reinvest all escrowed principal and income
therefrom in any obligation eligible generally under the laws of the State of
Indiana for investment of funds held by Trustees. In making such investments,
the Escrow Agent shall take into account any information supplied by
Contractor or Owner concerning the time or times when such Escrow
Principal and income will be paid out on the funds consistent with security of
the fund and the period of investment. For purposes of this Escrow
Agreement, the Escrow Agent is hereby directed to invest all monies
hereunder in its Treasury Funds, the assets of which are obligations of or
guaranteed by the United States of America and which funds are rated "Am"
or "AmG" or higher by Standard Poors Corporation.
3. The Escrow Agent shall hold the escrowed principal and income until receipt
of notice from the Owner and the Contractor, specifying the part of the
escrowed principal and /or income to be released from escrow and the
person to whom that portion is to be released. After receipt of the notice, the
Escrow Agent shall remit the designated part of escrowed principal and /or
income.
4. In the absence of the above stated joint written authorization for release of
escrowed funds, the Escrow Agent shall pay over to the Owner the net sum
held by it pursuant to this Agreement upon receiving from the Owner a copy
of a written Notice of Termination showing that the Owner has terminated the
employment of the Contractor.
5. In the absence of such a joint written authorization and in the absence of the
termination of the Contractor as provided above, then, disbursements by one
Escrow Agent shall be made in a manner directed by a certified copy of a
judgment of a court of record establishing the rights of the parties to said
funds.
6. This Agreement shall constitute the direction from the Owner and Contractor
to the Escrow Agent of the manner in which the retainage is to be paid to the
Escrow Agent, and to be paid by the Escrow Agent, pursuant to the Escrow
Statute.
7. The retainage to be held pursuant to this Escrow Agreement shall consist of:
Ten percent (10 of the dollar value of the work satisfactorily
completed until the public work is fifty percent (50 completed,
and nothing further after that, unless otherwise provided in
Paragraph 9.3 of the General Conditions of the Contract.
8. The Escrow Agent shall be compensated for its services. Said compensation
shall be computed per the attached fee schedule. The Escrow Agent shall
be paid from the escrow income.
9. This Agreement and anything done or performed hereunder by either the
Contractor or Owner shall not be construed to prejudice or limit the claims
which either party may have against others arising out of the aforementioned
Contract.
10. This Agreement constitutes the entire understanding between the parties
regarding the deposit of Retainage in escrow and the duties of the Escrow
Agent with respect to the investment and payment of Escrow Principal and
Escrow Income. This Agreement, however, is not a part of the Contract and
nothing done or performed hereunder by any party shall be construed to
prejudice or limit any rights which either party may have against the other
party arising out of the Contract.
1 1. The Escrow Agent shall not be liable to the Owner or the Contractor for any
loss or damage not caused by the gross negligence or willful misconduct of
the Escrow Agent.
12. The duties and liabilities of the Escrow Agent shall be determined solely by the
express provisions of this Agreement, and the Escrow Agent shall not be
bound in any way by any other agreement, including without limitation, the
Contract listed above. Owner and Contractor will jointly and severally
indemnify and hold the Escrow Agent harmless from and against any and all
loss, liability and expense (including interest, penalties and reasonable
attorney's fees) which may arise out of any action taken or omitted by the
Escrow Agent in accordance with this Agreement.
13. Escrow Agent herein may resign by giving thirty (30) days' notice in writing to
all parties in the agreement. Upon receipt of notice from all parties of the
succeeding Escrow Agent, escrowed funds, less fees due, will be forwarded
to such successor agent. In the event sixty (60) days' elapse from the date of
Agent's notice of resignation, and no successor is appointed, Escrow Agent
will forward to the Owner the balance in the account.
14. This Escrow Agreement shall be construed by the laws of the State of Indiana.
ESCROW AGENT
By:
Printed:
s
Dated:
Address:
Telephone: 3 3�
Fax:
Contact: r
Email: e
OWNER
Carmel /Clay Board P rks and Recreation
By:
Printed: Me s L o w Vr es i 01 e n fi
Dated: 7 9 Z-008
Address: 1411 E. 1 16th Street
Carmel, IN 46032
Telephone: 317- 573 -4021
Telefax: 317 -571 -4136
Contact: Audrey Kostrzewa Business Services Manager
Email: audreyk @carmelclayparks com
CONTRACTOR
�JY C, EN I E h C�iJST2t� /p SScC 1at
i
By:
Printed: icy EvEl(
Dated: 3 0�
Address: 226 e pk y
-cam! L161 yl�
Telephone: e�
Fax: ?l -7 18'90
Contact: TEy EvEnLy rz; uCZ6
Email: ce„f, C- -f
PROJECT: Founders Park
ACCOUNTS PAYABLE VOUCHER
CITY OF CARMEL
An invoice of bill to be properly itemized must 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
Purchase Order No.
Lincoln Bank Terms
Attn: Max C Hank Date Due
905 Southfield Drive
Plainfield, IN 46168
Invoice Invoice Description
Date Number (or note attached invoice(s) or bill(s)) Amount
6/30/08 App. 1 Founders Park Infrastructure Phase 1 25,759.10
Total 25,759.10
1 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.
Lincoln Bank Allowed 20
Attn: Max C Hank
905 Southfield Drive
Plainfield, IN 46168 In Sum of
25,759.10
ON ACCOUNT OF APPROPRIATION FOR
106 Park Impact
PO# or INVOICE NO. ACCT #/TITLE AMOUNT Board Members
Dept V
1(QQ
App 1 5023990 25,759.10 1 hereby certify that the attached invoice(s), or
bill(s) is (are) true and correct and that the
C�SuYC7vj t materials or services itemized thereon for
which charge is made were ordered and
received except
7 -Jul 2008
Signature
25,759.10 Accounts Payable Coordinator
Cost distribution ledger classification if Title
claim paid motor vehicle highway fund