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HomeMy WebLinkAbout164388 09/30/2008 CITY OF CARMEL, INDIANA VENDOR: 361933 Page 1 of 1 ONE CIVIC SQUARE PLATINUM PROPERTIES CHECK AMOUNT: $187,023.60 9' CARMEL, INDIANA 46032 9757 WESTPOINT DR #600 INDIANAPOLIS IN 46256 CHECK NUMBER: 164388 CHECK DATE: 9/30/2008 DEPARTMENT AC PO N UMBER INVOI NUMBER A MOUNT DESCR IPTION '610 5023990 1 187, 023 60 1050.40 °t p ;F AppOcation and Certificate For Payment Page 1 To Owner: PLATINUM PROPERTIES, LLC Project: 141ST STREET WATER MAIN Application No: 1 Date: 08/08/2008 9757 Westpoint Dr. #600 Indianapolis, IN 46256 Period To: 08/08/08 Architect's From Valenti -Held Cont. /Dev., Inc. Contractor Job Project No: 0810 (Contractor): 4937 Fieldstone Dr. Number: Contract Date: Whitestown, IN 46075 Via (Architect): Phone: 317 769 -6922 Contract For: Contractor's Application For Payment Change Order Summary Additions Deductions Original contract sum 207,804.00 Change orders approved in previous months by owner Net change by change orders 0.00 Date Contract sum to date 207,804.00 Number Approved Change Total completed and stored to date 207,804.00 orders approved Retainage this month 10.0% of completed work 20,780.40 Totals 0.0% of stored material 0.00 Net change by change orders Total retainage 20,780.40 The undersigned n ractor certifies that to the best of the Contractor's knowledge, Total earned less retainage 187 ,023.60 information, and b ief he work covered by this Application for Payment has been completed in accordance with t e ntract Documents, that all amounts have been paid by the Contractor for work for whi p vious ertificates for Payment were issued and payments received from Less previous certificates of payment 0,00 the Owner, an ha curren ayment shown herein is now due. Current sales tax Contractor G D, Date: g 0.000% of taxable amount 0.00 By: TAX EXEMPT JOB State of: L County o Current sales tax 0.00 Subscribed and r to before me this day of St 24 Zg (year). Notary publi Current payment due 187,023.60 My commission expires 2 Zm, zluz_ Balance to finish, including retainage 20 r 780.40 Architect's Certificate for Payment In accordance with the Contract Documents, based on on -site observations and the data Architect: comprising the above application the Architect certifies to the Owner that to the best of the /em L� D Z -Z7 Architect's knowledge, information and belief the Work has progressed as indicated, the quality By: u Date: O of the Work is in accordance with the Contract Documents, and the Contractor is entitled to payment of the Amount Certified. T is Certification is not negotiable. The Amount Certified is payable only to the Contractor named herein. Issuance, ©Z� 46 payment, and acceptance of payment are without prejudice to any rights of the Owner or Contractor under this Amount Certified: i t Contract. i 11 0 1 Iiii NINE R i AP K FORM WATER REIMBURSEMENT AGREEM BET L C THE CITY OF CARMEL, INDIAN This Agreement is entered into by and between the City of Carmel, Indiana by and through its Board of Public Works and Safety (hereinafter "City and PPV, LLC (hereinafter "PPV, LLC on this nr day of Aal l 2008. WITNESSETH: WHEREAS, the city has duly adopted and enacted City Code Chapter 9, Division II, Sections 9 -25 through 9 -44 (collectively, the "Ordinance that provides in part for the reimbursement from the "Water Availability Mains as the Fund" ethod of rei b ursementa and exten and oversize the water distribution system, a WHEREAS, PPV, LLC desires to extend the off -site water distribution system for 141 Street and West Road (the "Development as follows: A. Construction Materials SEE ATTACHED EXHIBIT "A" As per certified Construction Drawings from M.D. Wessler Associates, Inc. entitled "141 Street and West Road Water Main Extension, dated on file at the Carmel Water Distribution Office WHEREAS, PPV, LLC desires to receive refunding of reimbursable monies expended on the Water Extension, pursuant to the Ordinance. NOW THEREFORE, the parties agree as follows: A. The foregoing recitals are entered d C c ompletion of ereof. B. This written agreement is into subsequent to he construction of the Water Extension. C. PPV, LLC shall advance the sum of $207,804.00 to or on behalf of the City to pay for the offsite water main extension (the "Water Extension the description of which is as follows: Water Main Extension for 141 Street and West Road. D. The City has determined that the above expenditure is necessary to provide water to current and future developments and to meet the requirements of the City. E. The City and PPV, LLC agree that PPV, LLC shall be entitled to reimbursement of the sum of $207,804.00 pursuant to and in accordance with the terms of the Ordinance, such monies to be paid solely from the "Water Availability Mains Fund" established by acreage availability charges assessed by the Ordinance. F. The City's sole obligation hereunder shall be to repay the above sum or such portion of the above sum as may be available for payment from monies deposited in the "Water Availability Mains Fund" only, in accordance with the payment provisions set forth in the Ordinance, and the City does not incur any liability whatsoever for the repayment of same other than to make such payments as are VOUCHER 083208 WARRANT ALLOWED OP2088 IN SUM OF PLATINUM PROPERTIES 9757 WESTPOINT DR #600 INDIANAPOLIS, IN 46256 Carmel Water Utility ?ON ACCOUNT OF APPROPRIATION FOR e '/i Board members PO INV ACCT AMOUNT Audit Trail Code 1 06- 1050 -40 $187,023.60 Availability Q o� Voucher Total $187,023.60 Cost distribution ledger classification if claim paid under vehicle highway fund Prescribed by State Board of Accounts City Form No. 201 (Rev 1995) ACCOUNTS, PAYABLE VOUCHER CITY OF CARMEL An invoice or bill to be properly itemized must show, kind of service, where performed, dates of service rendered, by whom, rates per day, number of units, price per unit, etc. Payee OP2088 PLATINUM PROPERTIES Purchase Order No. 9757 WESTPOINT DR #600 Terms INDIANAPOLIS, IN 46256 Due Date 9/26/2008. Invoice Invoice Description Date Number (or note attached invoice(s) or bill(s)) Amount 9/26/2008 1 $187,023.60 hereby certify that the attached invoice(s), or bill(s) is (are) true and :orrect and have audited same in accordance with /f- -1 -1.6 Date Officer 1 properly available under the Ordinance from monies deposited in the "Water Availability Mains Fund G. Subject to the terms of the Ordinance and this Agreement, payments from the "Water Availability Mains Fund" to PPV, LLC towards the satisfaction of the sum set forth above shall be made on a quarterly basis. Such payments to PPV, LLC shall be prior to any other payments from the "Water Availability Mains Fund" to any other persons pursuant to similar agreements entered into subsequent to the date of this Agreement. H. The City does not guarantee PPV, LLC the advanced funds referenced herein will be fully reimbursed. I. PPV, LLC agrees to comply with all present and future federal, state and local laws, executive orders, rules, regulations, codes and ordinances which are applicable to PPV, LLC performance of its obligations under this Agreement, and all relevant provisions thereof are incorporated herein by this reference. PPV, LLC agrees to indemnify and hold harmless City from any all losses, damages costs, attorney fees and /or liabilities resulting from any violation by PPV, LLC and /or its employees of such law, order, rule, regulation, code or ordinance. This indemnification obligation shall survive the termination of this Agreement. J. This Agreement shall be governed by and construed in accordance with the laws of the State of Indiana, except for its conflict of laws provision, as well as by all City ordinances and codes. The parties further agree that, in the event a lawsuit is filed hereunder, they agree to file such lawsuit in an appropriate court in Hamilton County, Indiana only, and agree that such court is the appropriate venue for and has jurisdiction over same. K. PPV, LLC shall indemnify and hold harmless City and its officers, officials, employees, agents, and assigns from any and all losses, liabilities, claims, 'judgments and liens including, but not limited to, all damages, costs, expenses and attorney fees arising out of any intentional or negligent act or omission of PPV, LLC and /or any of its employees and, except for intentional misconduct of its agents, outside sources, contractors or subcontractors, in the performance of the Water Extension and/or this Agreement. This indemnification obligation shall survive the termination of the Agreement. L. PPV, LLC represents and warrants that it and each of its employees agents, contractors, subcontractors, and outside sources shall comply with all existing and future laws of the United States, the State of Indiana and city, prohibiting discrimination against any employee, applicant for employment and /or other person in the subcontracting for work and /or in the performance of any work on the Water Extension as contemplated by this Agreement with respect to hire, tenure, terms, conditions or privileges of employment or any matter directly or indirectly related to employment, subcontracting or work performance hereunder because of race, religion, color, sex, handicap, national origin, ancestry, age, disabled veteran status or Vietnam era veteran status. The City reserves the right to collect a penalty as provided in IC 5- 16 -16 -1 for any person so discriminated against. This indemnification obligation shall survive the termination of the Agreement. M. PPV, LLC shall not cause or permit the filing of any lien on any of City's property. In the event such a lien is filed of record and PPV, LLC fails to remove it within thirty (30) days after the date of filing thereof, by payment or bonding, the City shall have the right to pay such lien or obtain such bond, all at PPV, LLC's sole cost and expense. PPV, LLC shall indemnify and hold harmless the City from any all such liabilities, losses, claims, costs, attorney fees, expenses and /or damages incurred by the City in connection with any such lien or the removal thereof. This indemnification obligation shall survive the termination of this Agreement. N. If any provision or portion of this Agreement is held to be invalid, illegal or unenforceable by a court of competent jurisdiction, that provision or portion thereof shall be stricken, and all other provisions of this Agreement which can operate independently of such stricken provision shall continue in full force and effect. O. The terms, conditions and obligations of this Agreement shall be binding on the City and PPV, LLC, and their respective officers, officials, agents, partners, successors and assigns. P. This Agreement contains the entire agreement of and between the parties hereto with respect to the subject matter hereof, and no prior agreement, understanding or representation pertaining to such subject matter, written or oral, shall be effective for any purpose. No provision of this Agreement may be amended, added to or subtracted from except by an agreement in writing signed by both parties hereto and/or their respective successors in interest. Q. Each party hereto represents and warrants that it is authorized to enter into this Agreement and that any person or entity executing This Agreement on behalf of such party has the authority to bind such party or the party which they represent, as the case may be. IN WITNESS WHEREOF, the parties have executed this Agreement on the date first above written. PPV, LLC CITY OF CARMEL, INDIANA 9757 Westpoint Drive, Suite 600 By and through its Board of Public Works Indianapolis, IN 46256 And Safety BY: BY: 7 Authorized Signature Mayor James Brainard Date: Kenneth R. Brasseur Printed Name Vice President of Platinum Properties, Mary urke, Member LLC., Manager of PP V, LLC. Title Date: r Date: 7 o 5 Lori Watson, ber i Date ATTEST: Tana Cordray, IA M C Clerk Treasurer Date: U .,�INATER� 141 st Street and West Rd Water Main Ext. Depth Quantity Unit Cost Total Cost 12" Main (LF) 2465 $45.72 $112,699 12" Gate Valve(EA) 5 $1,650.00 $8,250 12" Blow-Off(EA) 0 $0.00 $0 Fire Hydrants (EA) 5 $2,300.00 $11,500 Hydrant Lateral 5 $220.00 $1,100 FH Aux Valves EA 5 $1,015.00 $5,075 Sand Backfill Bedding TN 2441 $9.75 $23,800 #8 Stone TN 22 $17.00 $374 12" Directional Drill LF 160 $111.35 $17,816 Connection to Existing Line LS 1 $1,356.00 $1,356 Relocate Existing Hydrant LS 1 $1,275.00 $1,275 Staking As- Builts LS 1 $4,200.00 $4,200 Erosion Control Seeding LS 1 $4,251.00 $4,251 Restoration Grading LS 1 $6,753.00 $6,753 Service Laterals EA 3 $2,862.00 $8,586 Maintenance Bond 1 Year 10% 1 1 $271.00 $271 De- Chlorination 2625 $0.19 $499 O 0 MAPTAL $207,804 Valenti Held Contractor /Developer, Inc. m� 6:00 PM 141ST ST West RD Water Main Ext..xls 2/28/2008