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177854 09/29/2009 CITY OF CARMEL, INDIANA VENDOR: 360479 Page 1 of 1 ONE CIVIC SQUARE STENZ CONSTRUCTION CORPORATION CARMEL, INDIANA 46032 429 N PENNSYLVANIA ST CHECK AMOUNT: $81,175.00 'a INDIANAPOLIS IN 46204 CHECK NUMBER: 177854 CHECK DATE: 9/29/2009 DEPAR ACCOUNT PO NUMBE IN VOICE NUMBER AMOUNT DES CRIPTI ON T 902 4460904 2553 77,675.00 ARTS DSGN VENDOR PO 902 4460699 90109 3,500.00 LURIE GALLERY OFFICES J� General Contractors Construction Managers INVOICE [Phon Customer e ame City of Carmel Redevelopment Commission Date 11200 ddress 30 West Main Street, 2nd Floor Job ity Carmel State IN ZIP 46032 Misc Carmel Arts Misc Project/Dey Fee Description Unit Price i TOTAL j 1 Monthly Project/Development Fee September $3,500.00 I $3,500.00 I I i SuTotal $3,500.00 Previously Paid Q Make Check Payable to: Q Stenz Construction Corporation Q 429 N Pennsylvania Street 1 Indianapolis, IN 46204 TOTAL $3,500.00 1?I li Office Use Only I 429 North Pennsylvania Street Indianapolis, Indiana 46204 Telephone: 317.262.4999 Facsimile: 317.262.4992 Website: www.stenzcorp.com e scribed by State Board of Accounts ACCOUNTS PAYABLE VOUCHER City Form No. 201 (Rev. 1995) CITY OF CARMEL An invoice or 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 S/ Purchase Order No. 2f Terms /t/ 20 Date Due Invoice Invoice Description Amount Date Number (or note attached invoice(s) or bill(s)) 09 J pU �/O i�J ✓7f Tr S� f 2DG� SGf�,GYJ t t t a. 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 Y.OUCHER NO. WARRANT NO. C 1 L ALLOWED 20 _,5 �cYi.3 /r�clL�• �ar'�d✓.r7 u'� IN SUM OF 3 0 0 .GG ON ACCOUNT OF APPRO IATION FOR y C Board Members Po# or INVOICE NO. ACCT #!TITLE AMOUNT DEPT. I hereby certify that the attached invoice(s), or 9UZ �c�io9 �f���9 �S oopo 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 2.3 200 Sign urg Director of Operations Cost distribution ledger classification if Title claim paid motor vehicle highway fund General Contractors gn�STENZ 'Construction Corporation Construction Managers INVOICE Customer Name Carmel Redevelopment Date 8/31/2009 Address 30 West Ma in_ S tree t, Suite 220 Job 209032 City Indianapolis State I ZIP 46032 Invoice 25 Phone D Unit Price TOTAL Installation of Vendor Power Cabinets i LaFever Electric 7 -30 -09 $8,704.00 $8,704.00 LaFever Electric 8 -25 -09 $63,108.00 $63,108.00 Stenz General Conditions $2,163.00 $2,163.00 CM Fee $3,700.00 $3,700.00 I I SubTotal 7_ 7, 675.00 Previously Paid I O Make Check Payable to: QQ Stenz Construction Corporation Q 429 N Pennsylvania Street 2 Indianapolis, IN 46204 TOTAL $77,675.00 429 North Pennsylvania Street Indianapolis, Indiana 46204 Telephone: 317.262.4999 Facsimile: 317.262.4992 Website: www.stenzdorp.com AFFIDAVIT AND WAIVER OF LIEN Final X] Partial X Payment to Follow State of Indiana, County of Marion SS: Rebecca Sinders being duly sworn states that he /she is the CFO Controller of Name of Officer Title Stenz Construction Corporation having contracted with Carmel Redevelopment Commission Const. Mgr. /Contractor Subcontractor /Owner to furnish certain materials and /or labor as follows: Installation of Vendor Power Cabinets Description for a project known as Carmel Vendor Power located at 30 W. Main Street, Carmel, Indiana and owned by Carmel Redevelopment Committee and does hereby further state on behalf of the aforementioned subcontractor /supplier: (PARTIAL WAIVER) that there is due from the contractor the sum of Seventy -Seven Thousand Six Hundred Seventy -Five dollars and 00 /100 Dollars Receipt of which is hereby acknowledged, or the payment of which has been promised as the sole consideration of this Affidavit and Partial Waiver of Lien, which is given soley with respect to said amount, and which waiver shall be effective only upon receipt of payment thereof by the undersigned. (FINAL WAIVER) that the final balance due from the contractor is the sum of Dollars Receipt of which is hereby acknowledged, or the payment of which has been promised as the sole consideration for this Affidavit and Final Waiver of Lien which shall become effective upon receipt of such payment. THEREFORE, the undersigned waives and releases unto the owner of said premises, any and all lien or claim whatsoever on the above described property and improvements thereon on account of LABOR or material or both, furnished by the undersigned thereto, subject to imitations or conditions expressed herein, if any; and further certifies that no other party has any claim or right to a lien on account of any work performed or material furnished to the undersigned for said project, and within the scope of this affidavit and fiver. Stenz Construction Corporation BY f Title CFO /Controller Firm r¢ed Representative WITNESS MY HAND AND NOTARIAL SEAL, this day of M )00 My Commission Expires Notary Public Residing in County Printed lllu D o cumen t TM R�cel\jF� Q� Application and Certificate for Payment Construction Manager- Adviser Edition RA T�oty ibi TO OWNEREarmel Redevelopment PROJECT: Old Town Vendor. l L,l I N NO Distribution to: 1 Commission Carmel, India ptRIOD T0: 7/30/2009 OWNER 1-1 30 West Main Street, Suite 220 n� Carmel, Indiana 46032 r>t CONSTRUCTION MANAGER FROM CONTRACTOR: VIA CONSTRUCTION MANGO h t CO GT DATE: 7/15/2009 ARCHITECT LaFever Electric, Inc. tt� e) PROJECT NOS: 1686 CONTRACTOR )C 131 N. Rangeline Road Stenz Car 0 I I Carmel, Indiana 46032 VIA ARCHITECT. 1. Labor 4 Owned EquO FIELD 1:1 CONTRACT FOR: 2 R� Cl CONTRACTOR'S APPLICATION FOR PAYMENT e and �ikNR0rt4VK ertities that to the best of the Contractor's knowledge, information and Application is made for payment, as shown below, in connection with the Contract. bell Work covere Application for Payment has been completed in accordance with the Continuation Sheet, AiA Document G703, is attached. eats, that all amounts have been paid by the Contractor for Work for which previous ere issued- and payments received from the Owner, and that current 1. ORIGINAL CONTRACT SUM 91,000. e i ent hown herein is now due. 2. Net change by Change Orders 0.00 CONTRACTOR• �LaFev Electric, inc. 3. CONTRACT SUM TO DATE (Line i 2) 91,000.00 By: per Date: 7/24/2009 4. TOTAL COMPLETED STORED TO DATE (Column G on G703) 8,704.00 State of: Indiana Chris A. L9kF,0verV e- IPresidont 5. RETAINAGE: County of: Hamilton o` °§0 p �y Ptj a. 10 of.Completed Work Subscribed and sworn to bcfor 1920.00 4th �ul (Column D +Eon G "!03) Inc the this day of 2 09 teen S. Marvel b• 10 of Stored Material Notary Public: 1 (Column F on G703) -'9,049.60 My Commission expires: Ap Total Retaina (Lines 5a +5b or Total in Column I of G703). 870.40 CERTIFICATE FOR PAYMENT= 7 833.60 in accordance with the Contract Documents, Ni d �q t Oations and the data comprising 6. TOTAL EARNED LESS RETAINAGE this application, the Construction Manager and AiC' i �i 0the Owner that to the best of their (Line 4 Less Line 5 Total) knowledge, information and belief the Work has progressed as indicated, the quality of the Work is in 7. LESS PREVIOUS CERTIFICATES FOR PAYMENT accordance with the Contract Documents, and the Contractor is entitled to payment of the AMOUNT (Line 6 from prior Certificate) CERTIFIED. 8. CURRENT PAYMENT DUE Is 7, AMOUNT CERTIFIED 9. BALANCE TO FINISH, INCLUDING RETAINAGE (Attach explanotiouu if amount certified differs from- the amount applied. Initial all figures res on this Application and on the Continuation Sheet that are changed to conform, with the amount certifled.) (Line 3 less Line 6) 83,1 CONSTRUCTION MANAGER: By: Date: CHANGE O RDER SUMM ARY ADDITIONS DEDUCTIONS ARCHITECT: Total changes approved in previous months by Owner icy: Date: Total app this Month This Certificate is not negotiable. The AMOUNT CERTIFIED is payable only to the Contractor TOTALS named herein. issuance, payment and acceptance of payment are without prejudice to any rights of NET CHANGES by Change Order the Owner or Contractor under this Contract. CAUTION: You should sign an original AIA Contract Document, on which this text appears in RED. An original assures that changes will not be obscured. AIA Document G702/CmaTM 1992. Copyright 1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this A10 Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. Purchasers are permitted t6 reproduce ten (10) copies of this document when completed. To report copyright violations of AIA Contract Documents, e -mail The American Institute of Architects' legal counsel, copyright @aia.org. RECEIVED ON JUL 2 7 2009 TE COR JOB NAME _Old Town Vendor Power MRk{TVjNN DATE 7/24/ PAGE NUMBER 1 APPLICATION NUMBER 1 PERIOD TO 7/30/2009 A B C D E F G H I ITEM DESCRIPTION OF WORK SCHEDULED WORK COMPLETED MATERIALS TOTAL BALANCE RETAINAGE NO. VALUE FROM PREVIOUS THIS PERIOD PRESENTLY COMPLETED (G =C) TO FINISH APPLICATION STORED AND STORED (C -G) (D +E) (NOT IN TO DATE D OR E) (D +E +F) 1 Vendor Cabinets M 38,000.00 38,000.00 L 6,000.00 6,000.00 2 Conduit M 8,130.00 6,504.00 6,504.00 80 1,626.00 650.40 L 7,300.00 7,300.00 3 Wire M 6,170.00 6,170.00 L 2,600.00 2,600.00 4 Set Cabinets M 600.00 600.00 L 1,000.00 1,000.00 5 Directional Bore and Pads 18,000.00 18,000.00 6 Bond 1,200.00 1,200.00 1,200.00 100 120.00 7 Startup 1,000.00 1,000.00 1,000.00 100 100.00 8 Closeout 1,000.00 1,000.00 M L M L M L M L M L M L 91,000.00 2,200.00 6,504.00 8,704.00 82,296.00 870.40 A FFIDAVIT AND WAIVER OF LIEN Filial X Payment to Follow r. t Partial Pa y v tl/ Stale of Indiana, County of Hamilton SS: C RP 0 V ice-President Chris A. LaFever beiny duly sworn states that helsho is the Vice President of (Hanle W offlc41) %TWe) LaFever Electric Inc. having contracted with Stenz Corporation to furnish.ceitattt J 8idxwtbadw. Suptoer) (GrnU malertals amitor Labor as follows Electrical (UsmNWu for the project known as Old Town Vendor Power located at Carmel, Indiana 46032 and oohed by Carmel Redevelopment Commission ti vows and dues hereby anther stale on behalf of the aforementioned subcontraolodsuppiler: (PARTIAL WAIVER) that there Is due from the contractor the sum of Seven Thousand Eight Hundred Thirty-three Dollars and Sixty Cents Dollars (t 7,833.60 receipt of which Is hereby acknowledged; or [X] lire payment of which Ives been promised as (tie sole consideration of thls Affidavit and Partial Waiver of Lien whieft is given solely with respect to sold amount, and which waiver shall be effective only upon receipt of payment thereof by the undersigned; (FINAL WAIVER) that the final balance due from the contractor Is the sum of receipt of which Is hereby acknowledged; or the payment of which has been promised as the sole consideration of tills Affidavit and Final walver of Lien which shah become effective upon receipt of such payment THEREFORE, ilia utiderstuned waives and releases unto the Owner of said premism any and aN lien or claim whatsoever on Ilia above- described property and improvements thereon on account of LABOR or material or both, furnished by the undersigned thereto, subject to limitations or conditions expressed herein, If any; and further certifies that no other gaily lies any claim or right to a lien oil account of any work performed or material furnished to ilia undersigned for said project, acid within the scope of this affidavit alui waiver. LaFever Electric Inc. BY iue Vice- President it- of") Chr}� r,, LaFever WITNESS MY HAND AND NOTARIAL SEAL, this 24 /u• 20 09 My Commission Expires: Aril 11 2010 el Residing in Madison County A1A Document G7021CMa 1992 Application and Certific4to for payment Construction Manager- Adviser Edition TO OWIVERCarmel Redevelopment PROJECT. Old Town Vendor Power APPLICATION NO: 2 Distribution to. Commission:: Carmel, Indiana 46032 PERIOD TO: 812512009 OWNER LT 34 West Main Stmet, Suite 224 Carmel; Indiana 46032 CONSTRUCTION MANAGER FROM CONTRACTOR: VIA CONSTRICTION MANAGER: CONTRACT DATE: 711512009 ARCHITECT LaFever Electric, Inc. Stenz Corporation PROJECT NOS: 1686 1 1 CONTRACTOR XI 131 N. Rangeline Road Carmel, Indiana 46032 111A ARCHITECT: FIELD f i CO FOR. CONTRACTOR'S APPLICATION FOR PAYMENT 'Ilse undersigned Contractor certifies that to the best of the Contractor's knowledge, information and Application is made for payment, as shown below in connection with the Contract. belief the Work covered by this Application for Payment has been completed in accordance with the Continuation She([ AEA Document G703, is attached. Contract Documents, that all amounts have been paid by the. Contractor for Wort;. for which previous Certificates for Payment were issued and payments received from the Ownex, and that current 1. 91 ,000.00 payme*Shhown r 's now due GI AL CONTRACT SUM 2. Net change by Change Orders (1,143. CONTR Electric, Irtc. 3. CONTRACT SUM TO DATE (Line 1 t 2) S 89,7.00 By: Date: 812512009 4. TOTAL COMPLETED STORED.TO DATE (COIumn G on G703) 5 71,812.00 State o =C hri6 A. L.aFever, Vice President 5. RETAINAGE: (burly of: Hami1tort a 10 `7b of Completed Wroth Subscribed and sworn to befo P p`Y (Column D E on G703) S 4,452.60 me this 25th _day of AUgu f 2 `z C7 r lleen S. Marvel b. 10 of Stored Material Notary Public: (Column F on G703) 2.728.6 My Couunission expires: Total Retainage (Lines Sa Sb or Total in Colurrui E of G703).. 7,181.20 CERTIFICATE FOR PAYME` In accordance with the Contract Doctur 8 0.0 6. TOTAL EARNED LESS RETAINAGE 64, this application. the Constriction Manq (Line 4 Less Line 5 Total) knowledge, information and belief the W U� 7. LESS PREVIOUS CERTIFICATES FOR PAYMENT 7 accordance arith the Contract Document Job CC 1 O� (L.ine 6 from prior Certificate) CERTIFIED. Ac- cotint 8. CURRENT PAYMENT DUE 58,797.20 AMOUNT CERTIFIED Grass Arta. {Attach explareatfon i1'tareo(art certr#ed di 9. BALANCE TO FINISH, INCLUDING RETAINAGE_ Less Retainage Application and on the Continuation Slrei 25 226.20 (Line 3 less Line 5) CONSTRUCTION MANAGER: Class (circle one) 1. Lndx�r 4. �d B v: P. CHANGE ORDER S11N11 AFtY ADDITIONS DEDUCTIONS ARCHITECT; 2 IlWa S. Rewed EgtRin. Total changes app owed iti previous months by Owner S 8506,00 9649.00 13 y: fiCOrrtr A► 6 Bile n Total apprcivedthis Month S 'Mis Certificate is not_ negotiable. Tice 1 7 AllSCe TOTALS S 8506.00 9649 00 naed herein. Isspance, payinem and ace AI D m NET CIiAI+IGES by Change Order S the Owner or Contractor under this 001"M Q L. A4 1 41- y CAUTION: You should sign an original NA Contract Document. on which this text appears In RED. An original assures that changes A1A Document G7021CI1lam —1992. Copyright Q 1992 by The American Insttute of Arobitects. All rights reserved. WARNING This Ale Document is Prot( Unauthorized reproduction or distribution of th AIA' Document, or any portion of it, may resull in severe civfl and criminal penalties, and will be pros Nussroie under the taw. Purchasers are permitted to reproduce len (10) copies of this claoument vrteen oompleted. To report copyright violations of AIA Contiact Documents, e-mail The Arneriean Institute of Ambliects' iegal counsel, copOght@+aia.org. JOB NAME Old Town Vendor Power APPLICATION DATE 8!25!2009 PAGE NUMBER 9 APPLICATION NUMBER 2 PERIOD TO 8!251201)9 A B C D E F G I H I ITEM DESCRIPTION OF WORK SCHEDULED WORK COMPL MATERIALS TOTAL BALANCE_ RETAMAGE NO. VALUE FROM PREVIOUS THIS PERIOD PRESENTLY COMPLETED (G-C) TO FINISH APPLICATION STORED AND STORED (C-G) (D }E) (NOT IN TO DATE D OR E) (DoE +F) 1 Vendor Cabinets M 38,000.00 15,200.00 22,800.04 38,01)1).00 100 3,800.00 L 8,000.00 2,400.00 2,400.00 40 3,600.00 240.00 2 Conduit M 8,130.00 4,878.00 3,252.00 8,530.00 100 813.00 L 7,300.00 4,360.00 4,380.00 60 2,920.01) 438.00 3 Wire M 6,170.00 4,935.01) 1,234-00 6,970.01) 100 617.00 L 2,60D.0D 2,060.00 2,060.00 80 520.00 208.00 4 Set Cabinets M 600.00 600.00 L 1,000.00 1,01)0.00 5 Directional Bore and Pads 18,000.00 10,800.00 50,800.00 60 7,200.00 1,080.00 6 Bond 1,200.00 1,200.00 1,200.00 100 120.00 7 Startup 1,000.00 1,000.00 1,000.06 100 100.00 8 Closeout 1,000.00 9,000.00 9 C.O. #9 (8,399.00) (8,399.06) (8,399.00) 100 (839.90) 10 C.O. 92 (1,250.00) (1,250.06) (1,254.00) 100 (125.00) 11 C.O. #3 380.00 380.01 12 C.O. 94 7,309.00 7,301.00 7,301.00 100 730.90 13 C.O. #5 825.00 825.00 M L L M L 89,857.00 2,200.00 42,326.00 1 27,286.00 71,812.00 18,045.00 7,181.20 At=FIDAVrr AND WAIVER OF LIEN Final [M Pamat nX Paymnl to l=oltaw Glate or hldlana, Couwly of >l =Uton Chris A. LaFever behlg duly swum states !list laelshe Is ills Vice President crl (Mnnis cd offaa4,) tTRI®) LaFever Electric Inc. havirlg contraded whit Stenz CO Qrati to fun dsh.cel ta ln jow"di b'U14A11 rl (p111roft? mak er ia ts an tuaT lAWT as follows Ekqd for lire prujad knomi as Old Town VodQ POw= located c►t Carrtnet, Indiww 46032 atw owned by Cwmel Redevelopment Commission cold does hereby tutther state on belmfatf of ttl@ a' tfurelflentloamed subcontreolodsuppilar. (PARTIAL WAIVER) that there Is slue irons Ow contractor Ilia sure of Fix y -six Thousand Seven Hundred Nin seven. DoUazs awd_Twenty Cents Dog= ($56,797,20 receipt of which Is hereby auknowiedged; of [X] Itfe psylpre"I o f wh1011 has been pronalsed as the sole con0derallon of lids AMdevil and f frrllal Wah+er of Lien width Is given solely with respect to 981d amount. and vdhRah waiver shall be effective orfty upon recelpl of payment thereof by the wvJe*ned; (FINAL WAIVER) that the final balance due from t1w (contractor is line suet of mopipt of wtdeh Is hereby ftoirttu+rif dowl; or lire paymelit of Irrinloh has been pmmhmd as the sale cornsldendlon of this Affidwit am i 9=tnesl Walver of Lien which shall beewite olfective Wn 1e0e101. of SUGh Papmlelsl TPIEREFORE. t1w undendgrod wralvea and releases unto the owner of said promises. any and all Ilan or claah n wha lsoever on life abov"escribed property fans;! Irrtpmvements Memon an awain t of LABOR or matedat or both, Furnished by tits Lnulersigned tlmereto, SUbjad to thtnllatic or conditions expressed heroin, if eny; and further twillies that a :o other patty has any clahn or right to a lien can amwit of any Work performed at material rurnis hed to Ilia undersigned for said project, and winds} the scope of this sirldavii wid waiver. O Wever Electric Inc. 13y c, Tine Vice- lPresaidezit anu La Fever NO WITNESS W HAND AND NOTAFOAL SEAL., this /,August 20 09 S My Cumtaualsa4u:t Explrtass: ri111 2010 o11 arvel RtaslditlQ In Madison County p �iNgp,Nl,ilittttir� PERFORM BOND RF�'FILFO City Bond No. 929 484 592 S2: N �U� ON Instructions: �CpRp ?00,9 Successful. Bidder must use this form or other form containing the same material conditions and� provisions as approved in advance by OWNER. N Date of Bond must not be prior to date of Contract. If CONTRACTOR is a Partnership, all partners should execute bond.. Surenr company executing this bond shall appear on the most current list of "Surety Companies Acceptable on .Federal Bonds, as specified in the U.S. Treasury Department Circular 570, as amended, and be authorized to transact business in the State of Indiana. KNOW ALL .MEN BY TIdESE PRESENTS: that "CONTRACTOR': LeFever Electric Inc. slid "Surety [Name] Continental Casualty Company [Address] 333 S Wabash Avenue Chicago, IL 60604 a corporation chartered and existing under the Iaws of the State of Illinois and authorized to do business in the State of Indiana, are held and firmly bound unto the City of Cannel, Indiana hereinafter called OWNER, in the penal sum of Ninety --One Thousand Dollars, 91, 000.00 in lawful money of the United States, for the payment of which sum well and truly to be made, together with interest at the maximum legal rate frorn date of demand and any attorney fees and court costs incurred by Obligee to enforce this instrument, we bind ourselves, successors, and assigns, jointly and severally, firmly by these presents. WHEREAS, the CONTRACTOR has entered into a certain Agreement with the OWNER, dated as of the 6th day of July 20 09 by which CONTRACTOR has agreed to perform and furnish certain Work for or in furtherance of construction of public improvements described generally as (fill in Project Name and Description Below): Carmel Arts and Design District Vendor Power. The general scope of Work consists of a metered power source for vendor power and special events, including related site work. P>i B- 1 R F C which Agreement, and the "Contract Documents" as referred to therein, are hereby SicorvrateA1 herein by reference; TF� ON NOW, THEREFORE, the conditions of this obligation are such that if the CONTRACTOR II well, truly and faithfully perform his duties, all the undertakings, covenants, terms aiN� conditions of said Agreement whether during the original term thereof, and any extensions Oti thereof which may be granted by the OWNER, with or without notice to the Surety and during any period of guaranty or warranty provided therein or arising thereunder, and if CONTRACTOR shall satisfy all claims and demands incurred under such Contract, and shall fully inde.tnanify and save harmless the OWNER from all costs and damages which he may suffer by reason of failure to do so, and shall reimburse and repay the OWNER all outlay and expense which the OWNER may incur in making good any default, then this obligation shall be void; otherwise to remain in :Full force and effect. PROVIDED, FURTHER, that the said Surety, for value received, hereby stipulates and agrees: I that no defect or irregularity in the Contract or in the proceedings preliminary to the letting of the Contract will operate to release or discharge Surety; 2. that no change, omission, extension of time, alteration or addition to the terms of the Agreement, Contract Documents or to any Work to be furnished thereunder, and no delay by the OWNER in enforcement of the Agreement or this bond shall in any way affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement, Contract Documents or to the Work; 3. that no final settlement between the OWNER and the CONTRACTOR shall abridge any right of the OWNER hereunder as to any claim that may remain unsatisfied; and that this Performance Bond and Surety shall not be released until one (1) year after the OWNER's final settlement with the CONTRACTOR. IN WITNESS WHEREOF, this instrument is executed in 1 (number) counterparts, each one of which shall be deemed an original, this the 6th day of July 20 CONTRACTOR: [mane] Fever Electric, Inc. By: Cheryl LaFever, President r �.�f�- [signature [printed name] AM SeCYetary [signature] Chris A. LaFever ,T fie] Continental Casualty Company Attorney -in -fact [signature] Sheree Hsieh 333 S Wabash Avenue [printed name] [address] Chicago, IL 60604 PFB -2 PAYMENT BOND City of Carmel Instructions: Bond No. 929 484 592 �1 F jrr Successful Bidder must use this form or other form containing the same mates, �Siio ar provisions as approved in advance by OWNER c o, Date of Bond must not be prior to date of Contract. If CONTRACTOR is a Partners 7�i�'p,,.all partners should execute bond. r0n/ Surety company executing this bond shall appear on the 1nost current, list of "Surety Companies Acceptable on Federal Bonds, as specified in the U.S. Treasury Department Circular 570, as amended, and be authorized to transact business in the State oflndiana. KNOW ALL MEN BY THESE PRESENTS: that "CONTRACTOR LaFever Electric, Inc. and Surety [Name] Continental Casualty Company [Address] 333 S Wabash Avenue Chicago, IL 60604 a corporation chartered and existing under the laws of the State of Illinois and authorized to do business in the State of Indiana, are held and firmly bound unto the City of Carmel, Indiana hereinafter called OWNER, in the penal sum of Ninety -One T Dollars, 91,000.00 zip. lawful money of the United. States, for the payment of which sum well and truly to be made, plus interest at the maximum legal rate from date of demand and any attorney fees and court costs incurred by Obligee to enforce tlus instrument, we bind ourselves, successors, and assigns, jointly and severally, firmly by these presents. WHEREAS, the CONTRACTOR has entered into a certain Agreement with the OWNER, dated as of the 6th day of July 20 09 by which CONTRACTOR has agreed to perform and furnish certain Work for or in furtherance of construction of public improvements described generally as (fill in Project Name and Description Below): Carmel Arts and Design District Vendor Power. The general scope of Work consists of a metered power source for vendor power and special events, including related site work. PMB -1 which Agreement, and the "Contract Documents" as referred to therein, are hereby inc orated herein by reference; O :1 O 0 NOW, THEREFORE, the conditions of this obligation are such that if the CONTRACTO promptly make payments of all amounts due to all Claimants, then this obligation shall otherwise to remain in full force and effect. "Claimant" shall mean any Subcontractor, mate supplier or other person, firm, or corporation furnishing materials or equipment for or performing labor or services in the prosecution of the Work provided for in such Agreement, including lubricants, oil, gasoline, coal and coke, repairs on machinery, and tools, whether consumed or used in connection with the construction of such work, and all insurance premiums on said work, and for all labor, performed in such work. PROVIDED, FURTHER, that the said Surety, for value received, hereby stipulates and agrees: 1. that no defect or irregularity in the contract or in the proceedings preliminary sto the letting of the Agreement will operate to release or discharge Surety; 2. that no change, omission., extension of time, alteration or addition to the tenns of the Agreement, Contract Documents or to any Work to be furnished therewider, and no delay by the OWNER in enforcement of the Agreement or this bond shall in any way affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement, Contract Dootirtients or to the Work; 3. that no final settlement between the OWNER and the CONTRACTOR shall abridge any right of the OWNER hereunder as to any claim that may remain unsatisfied; and 4. that this Payment Bond and Surety shall not be released until one (1) year after the OWNER'S final settlement with the CONTRACTOR. IN WITNESS WHEREOF, this instrument is executed in 1 (number) counterparts, each one of which shall be deemed an original, this the 6th day of July .20 09 CONTRACTOR: [name] LaFever Electric, Inc. By: Ls. Cheryl LaFever, President [signature [printed name] ATTEST: Secretary [signature) Chris A. LaFever Y: game] Continental Casualty Company 1% Attorney -in -fact [signature] Sheree Hsieh 333 S Wabash Avenue [printed name] [address] Chicago, IL 60604 PN4B -2 2 POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT Know All Men By These Presents, That Continental Casualty Company, an Illinois corporation, National Fire Insurance Company of'Hartford, a Connecticut corporation, and American Casualty Company of Reading, Pennsylvania, a Pennsylvania corporation (herein called "the CNA Companies are duly organized and existing corporations having their principal offices in the City of Chicago, and State of Illinois, and that they do by virtue of the signatures and seals herein affixed hereby make, constitute and appoint Michael M Bill, Edward L Mournighan, Michael H Bill, Cynthia L Jenkins, Ginger J Krahn, RF rc dto, Brenda Johnston, Cindy H Stellhorn, Individually ik N STFNI co 7 2 00S RP� of Indianapolis, IN, their true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on their behalf bonds, undertakings and other obligatory instruments of similar nature In Unlimited Amounts and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of their corporations and all the acts of said Attorney, pursuant to the authority hereby given is hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By -Law and Resolutions, printed on the reverse hereof, duly adopted, as indicated, by the Boards of Directors of the corporations. In Witness Whereof, the CNA Companies have caused these presents to be signed by their Senior Vice President and their corporate seals to be hereto affixed on this 26th day of August, 2005. GAS Uq�r %%SURg o,FVw+roe Continental Casualty Company National Fire Insurance Company of Hartford c oaaoritrF o� g O9PORgr�a American Casualty Company of Reading, Pennsylvania y a JULY 11, Ou SEAL c t 1902 9 897 RARIV s z� A4- Michael Gengler Seni r Vice President State of Illinois, County of Cook, ss: On this 26th day of August, 2005, before me personally came Michael Gengler to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Chicago, State of Illinois; that he is a Senior Vice President of Continental Casualty Company, an Illinois corporation, National Fire Insurance Company of Hartford, a Connecticut corporation, and American Casualty Company of Reading, Pennsylvania, a Pennsylvania corporation described in and which executed the above instrument; that he knows the seals of said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed pursuant to authority given by the Boards of Directors of said corporations and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporations. "OFFICIAL SEAL" MARIA M. MEDINA Notary Public, Sate of INbwte My comminlon Expires 3116109: My Commission Expires March 15, 2009 Maria M. Medina Notary Public CERTIFICATE I, Mary A. Ribikawskis, Assistant Secretary of Continental Casualty Company, an Illinois corporation, National Fire Insurance Company of Hartford, a Connecticut corporation, and American Casualty Company of Reading, Pennsylvania, a Pennsylvania corporation do hereby certify that the Power of Attorney herein above set forth is still in force, and further certify that the By -Law and Resolution of the Board of Directors of the corporations printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporations this 6th day of July 2009 GAS tL9�p 19SUR4 A WOO Continental Casualty Company National Fire Insurance Company of Hartford co WORArr J �o' &g ��e9roagtFO American Casualty Company of Reading, Pennsylvania x e 7 n g JULY 31,, ov SEAL 1897 JfARYF Mary A. R ika kis Assistant Secretary Form F6853- 11/2001 Authorizing By -]Laws and Resolutions ILI ADOPTED BY THE BOARD OF DIRECTORS OF CONTINENTAL CASUALTY COMPANY: This Power of Attorney is made and executed pursuant to and by authority of the following By -Law duly adopted by the Board of Directors of the Company. "Article IX Execution of Documents Section 3. Appointment of Attorney -in -fact. The Chainnan of the Board of Directors, the President or any Executive, Senior or Group Vice President may, from .time to time, appoint by written certificates attorneys -in -fact to act in behalf of the Company in the execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. Such attorneys -in -fact, subject to the limitations set forth in their respective certificates of authority, shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thererto. The Chairman of the Board of Directors, the President or any Executive, Senior or Group Vice President or the Board of Directors, may, at any time, revoke all power and authority previously given to any attorney -in- fact." This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17 day of February, 1993. "Resolved, that the signature of the President or any Executive, Senior or Group Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted pursuant to Section 3 of Article IX of the By -Laws, and the signature of the Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certified by certificate so executed and sealed shall, with respect to any bond or undertaking to which it is attached, continue to be valid and binding on the Company." ADOPTED BY THE BOARD OF DIRECTORS OF AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA: This Power of Attorney is made and executed pursuant to and by authority of the following By -Law duly adopted by the Board of Directors of the Company. "Article VI— Execution of Obligations and Appointment of Attorney -In -Fact Section 2. Appointment of Attorney -in -fact. The Chairman of the Board of Directors, the President or any Executive, Senior or Group Vice President may, from time to time, appoint by written certificates attorneys -in -fact to act in behalf of the Company in the execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. Such attorneys -in -fact, subject to the limitations set forth in their respective certificates of authority, shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thereto. The President or any Executive, Senior or Group Vice President may at any time revoke all power and authority previously given to any attorney -in- fact." This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17 day of February, 1993. "Resolved, that the signature of the President or any Executive, Senior or Group Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted pursuant to Section 2 of Article VI of the By -Laws, and the signature of the Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certified by certificate so executed and sealed shall, with respect to any bond or undertaking to which it is attached, continue to be valid and binding on the Company." ADOPTED BY THE BOARD OF DIRECTORS OF NATIONAL FIRE INSURANCE COMPANY OF HARTFORD: This Power of Attorney is made and executed pursuant to and by authority of the following Resolution duly adopted on February 17, 1993 by the Board of Directors of the Company. "RESOLVED: That the President, air Executive Vice President, or any Senior or Group Vice President of the Corporation may, from time to time, appoint, by written certificates, Attorneys -in -Fact to act in behalf of the Corporation in the execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. Such Attorney -in -Fact, subject to the limitations set forth in their respective certificates of authority, shall have full power to bind the Corporation by their signature and execution of any such instrument and to attach the seal of the Corporation thereto. The President, an Executive Vice President, any Senior or Group Vice President or the Board of Directors may at any time revoke all power and authority previously given to any Attorney -in- Fact." This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17 day of February, 1993. "RESOLVED: That the signature of the President, an Executive Vice President or any Senior or Group Vice President and the seal of the Corporation may be affixed by facsimile on any power of attorney granted pursuant to the Resolution adopted by this Board of Directors on February 17, 1993 and the signature of a Secretary or an Assistant Secretary and the seal of the Corporation may be affixed by facsimile to any certificate of any such power, and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Corporation. Any such power so executed acrd sealed and certifed by certificate so executed and sealed, shall with respect to any bond or undertaking to which it is attached, continue to be valid and binding on the Corporation." Prescribed by State Board of Accounts ACCOUNTS PAYABLE VOUCHER City Form No. 201 (Rev. 1995) CITY OF CARMEL An invoice or 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 �d�l3 414 Purchase Order No. �2 g l�P�i�sti���ti,'3 /fr��7� Terms Date Due Invoice Invoice Description Amount Date Number (or note attached invoice(s) or bill(s)) 3 1 31 o z 5 s 3 �P da r �o 6� ��3 /��7'07 77675 d< y Total 77.G75_G� 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. 1, JJ ALLOWED 20 C U1a5�✓'v�Iic�yi Ca;/_. IN SUM OF '7 7 ON ACCOUNT OF APPROPRIATION FOR 0 `r( F- Board Members PO# or INVOICE NO. ACCT #!TITLE AMOUNT DEPT. I hereby certify that the attached invoice(s), or ��2 ZSS 3 1 /�ob 7�67sG� 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 20 Q Direct ��q operations Cost distribution ledger classification if Title claim paid motor vehicle highway fund