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HomeMy WebLinkAboutERMCO - $151,700 Disbursement Instructions (PAC Lighting and Generator) Regions Bank hereby is instructed to make a disbursement of Loan Proceeds from the Borrower Loan Account to(or for the account of)Borrower in:(a)the amount of the'Total Authorized Disbursement°line in the"Amount of Authorized Disbursement"column below;and(b)accordance with the terms and conditions of the Agreement,the other Loan Documents,and the Disbursement Instructions. Purpose of Authorised Oleburasmenl Amount of Authorised Disbursement AbItArl1 In De paid 61 ViilItt.pf hintncid i LLC AWi ci}it,n 31 (f r mai) Notre mri- '1 MO 4 /51 7e0.`b Total Authorised Disbursement ls,r o 4; s "�` n, All terms used in these Disbursement Instructions without definition shall have the meanings ascribed thereto in that certain Loan Agreement (PAC Lighting and Generator), dated January 28, 2010, by and between Lender and Village Financial, LLC. Dated: 7/'&r f/ CITY OF CARMEL REDEVELOPMENT COMMISSIO By . / Printed Les S. Olds Title Exec3i Ye 0► u rec or Draft PAC Lighting and Generator (Ermco,Inc.) Up Through November 2009 IPC Amounts through app6Cation 19 Completed and Stored to date $ 1,100,000.00 Retention held(based on 10%retention) $ 110,000.00 Paid to date $ 990,000.00 Amount reimbursed to CRC j= 990,000.00 December 2009 IPC Amounts for application 20 Completed and Stored to date 0 204,500.00 Retention held(based on 10%retention) $ 20,450.00 TO De paid $ 184,050.00 Paid by Village Financial $ 184,050.00 January 2010 IPC amount for application 21 Completed and stored to date $ 146,500.00 Retention held(based on 10%retention) $ 14,850.00 Paid by Village Financial b 131,850.00 February 2010 IPC Amounts for application 22 Paid by Village Financial $ 573,913.00 Adjustment for previous payment retention $ (6,600.00) March 2010 Paid by Village Financial S 494,880.00 April 2010 Paid by Village Financial.5 1,72,500.01.1 May 2010 Pak,by Village Financial.5 166,750.00 June 2010 Paid by Village Financial $ _ 64,750.00 July 2010 Paid by Village Financial $ 59,357.00 August 2010 Paid by Village Financial $ 17,000.00 September 2010 Paid by Village Financial $ 12,000.00 October 2010 Paid by Village Financial 5 8 50.00 November 2010 Amount to be paid by Village Financial 1,51i�i=%£H751700;OOt: a* ® Document G702/CMani 1992 Application and Certificate for Payment Construction ManagerAdviser Edition TO OWNER: Distribution . Carmef'Reefeveloptiient CommisJEET Parcel 7A, Regional Performing ArtsAPPLICATION NO: ;31 Retainage to 1 Civic Square Center Interior Rough PERIOD TO 11/30/2010. OWNER 0 Carmel, IN 46032 Construction.Package P4 CONSTRUCTION MANAGER 0 FROM CONT .: VIA CONSTRUCTION MANAGER : CONTRACT DATE: ARCHITECT ❑ �I ;INC PROJECT NOS' / CONTRACTOR ❑ P.O. Box 1507 Spiel Sexton ` • 2695 320. Indianapolis, IN 46206. VIA`ARCHITECT:,. . . FIELD ❑ CONTRACT F CSO Architects ��ctncal'Installatiorr protect#2531 OH •. CONTRACTOR'S APPLICATION FOR PAYMENT`` The 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 Sheet,AIA Document G703;is attached: 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 1.ORIGINAL CONTRACT SUM . 1034,000.00 payment shown herein is now due. 2:`Net change by Change Orders $ CONTRACTS 3,CONTRACT SUM TO DATE(Lme I t 2) 3,034,000.00 By , t / , Date: 11/15/2010 4 TOTAL COMPLETED&STORED TO DATE(Column G on G703) 3,034,000.00 State o'' Indiana 5.RETAINAGE: County of:: Marion a.° °i of Completed Work Subscribed and sworn to before. (Column D+Eon G7031:: $ me this 15th day of;<:.. November 2010`. b %of Stored Material Notary Public:: . :. (Column F on 0703) $ My Commission ex'ires: Total Retainage a ines:5a:+Sb or Total in Column I of G703:.: CERTIFICATE FOR PAYMENT ... ...... . . .. .... .. . o g (L ) $ , In accordance with the Contract Documents; based on on site observations`and the data comprising 6.TOTAL EARNED LESS RETAINAGE $ ` 3.034:000,00 this application,the Construction Manager and Architect certify to the Owner that to the best of their... (Line 4 Less Line S.Total) ;:` :. knowledge;information and belief the Work has progressed as indicated,the quality of the Work is in 7 LESS PREVIOUS CERTIFICATES FOR PAYMENT $ 2,882,300,00 accordance with the Contract Documents,and the Contractor is entitled to payment of the AMOUNT <':: (Line b from nor Certificate) CERTIFIED.. P 8 CURRENT PAYMENT DUE I $ . . 151,700.00 AMOUNT CERTIFIED $ i I 9:BALANCE TO FINISH,INCLUDING RETAINAGE?;';' (Attach explanation if amount certified diffe ro :the amount applied.Initial all figures on this m Application' and to ,`Continuation 'et hat a �'changed to c ii conform rvilh'the a •it certified) (Line 3 Iess Line 6) o Co o fo ou $ CONST UCT 10� 11 e2dik Date. CHANGE ORDER SUMMARY . . ADDITIONS DEDUCTIONS ARCH 17-)i/ 10 Total changes approved in previous months by Owner $ $ By 111/4 Date: Total approved this Month:; S $ ::. This Certificate is not negotiable. The AMOUNT CER1'JMktD:is payable only.to e 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 tins 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, MA Document G7021CMaTM-1992.Copyright et 1992 by The American Institute of Architects:Alf rights reserved.WARNING:This AIA` Document Is protected by U.S.Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AlAC 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 to 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. v ERMCO Contract # 2695-4320 TM ., = Document 6703 ® 1992 124070C Continuation Sheet ALA.Document G702Tm,Application and Certification for Payment, APPLICATION NO: 31 containing Contractor's signed certification is attached. APPLICATION DATE: 11/15/2010 In tabulations below amounts are stated to the nearest dollar. 11/30/2010 Use Column I on Contracts where variable retainage for line items may apply. PERIOD TO ARCHITECT'S PROJECT NO A B C 0. E F G H I WORK COMPLETED TOTAL MATERIALS BALANCE SCHEDULED FROM PREVIOUS COMPLETED PRESENTLY" % TO RETAINAGE ITEM DESCRIPTION OF WORK AND STORED NO VALUE APPLICATION THIS PERIOD STORED TO DATE (G_C) FINISH of variable rare) (D+E) (Jot inDorE,1 /Lt+E+F) (C—G) 00.020 E0.12 00.021 LIGHTING R-M 7,000.00 7,000.00 7,000.00 100 • 00.022 LIGHTING R-L 9,000.00 9,000.00 9,000.00 100... 00.023 LIGHTING F-M 7,000.00 7,000.00 7,000.00 100 00.024 LIGHTING F-L 3,000.00 3,000.00 . . 3.000.00 100 00.064 E2.01 E2.02 . 00.066 GEN R-M 265,000.00 265,000.00 265,000.00 100 00.067 GEN R-L.: 75,000.00 75,000.00 : 75,000.00 100 00.068 GEN F-M 550,000.00 550,000.00 550,000.00 100 00.069 GEN F-L 25,000.00 25,000.00 25,000.00 100 00.127 E3.00&P . 00.128 LIGHTING R-M 25,000.00 25.000.00 25,000.00 100 00.129 LIGHTING R-L 30,000.00 30.000.00 30,000.00 100 00.130 LIGHTING F-M 350,000.00 350,000.00 350,000.00 100 00.131 LIGHTING F-L 25,000.00 25,000.00 25,000.00 100 00.132 E3.01 00.133 LIGHTING R-M 25,000.00 25,000.00 25,000.00 100 00.134 LIGHTING R-L 30,000.00 30,000.00 30,000.00 100 00.135 LIGHTING F-M 350,000.00 350,000.00 350,000,00 100:;. 00.136 LIGHTING F-L 25.000.00 25,000.00 25,000.00 ..: 100 00.137 E3.02 , 00.138 LIGHTING R-M 12,000.00 12,000.00 12,000.00 100 00.139 LIGHTING R-L:.:',:. `:; 10,000.00 10,000.00 10,000.00 100• GRAND TOTAL CAUTION:You should sign an original ANA Contract Document,on which this text appears in RED.An original assures that changes will not be obscured, AIA Document G703" —1992.Copyright 0 1963,1965,1966,1967,1970,1978,198.3 and 1992 by The American Institute of Architects.All rights reserved.WARNING:This AIA'"Documont is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this Ale 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 to 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. ®_ ERMCO Contract (1 2695-4320 Ify 124070C \1t�: T� .-. i Document G703" - 1992 Continuation Sheet AIA Document G702TM;Application and Certification for Pa) . APPLICATION NO: s I y containing Contractor's signed`certification is attached. . APPLICATION DATE: 11/15/2010 In tabulations below amounts are stated to the nearest dollar 11/30/2010 Use Column Ion Contracts where variable retainage for line items may apply PERIOD TO:. ARCHITECT'S PROJECT NO A B. C D I E F" .,. O H I WORK COMPLETED TOTAL . . MATER.I.ALS BALANCE SCHEDULED FROM PREVIOUS COMPLETED ITEM DESCRIPTION OF WORK r PRESENTLY % TO RETAINAGE AND STORED ' NO. VALUE APPLICATION THIS PERIOD STORED' (G_C) FINISH (If variable rate) OD+E) NnttnDorEj TO DATE, (C—G) (D+E+F). 00.140 LIGHTING F-M 310,000.00 310,000.00 310,000.00 100 00.141 LIGHTING F-L 20,000.00 20,000.00 20,000.00 100 00.147 E3.04 00.148 LIGHTING R-M 20,000 00 20,000.00 20,000 00 .. 100 00.149 LIGHTING R-L 30.000 00 30,000 00 30,000 00 100 00.150: LIGHTING F-M 350,000.00 350,000.00 350,000.00 100 00.151 .LIGHTING F-L ;..: 22,000.00 22,000,00 22,000.00 100 00.152 E3 05 00.153 LIGHTING R-M 15,000 00 15,000 00 15,000 00 100 00.154..LIGHTING R-L 17,000.00 17,000 00 17,000 00 100 00.155 LIGHTING F-M 350,000.00 350,000.00 350,000.00 100, 00.156 LIGHTING F-L •. 20,00000 20,000.00 20,000.00 100 00.157 E3.06& .07& .08&.09 00.158 LIGHTING R-M •I0,000.00 10,000.00 10,000.00 100 00.159 LIGHTING R-L 12,000.00 12,000.00 12,000.00 100 00.160 LIGHTING F-M 25,000.00 25,000.00 25,000.00 100 00.161 LIGHTING F-L 10,000.00 10,000.00 10,000.00 100 3U34,00U.UU 3,034,000.UU 3,034,000.UU 1UU GRAND TOTAL . .. . 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 G703'M—1992.Copyright®1963,1965,1966,1967.1970,1978,1983 and 1992 by The American Institute of Architects.All rights reserved.WARNING:This AlA°Document Is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this Ale 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 to 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. AFFIDAVIT AND WAIVER OF LIEN STATE OF INDIANA ) Final X Partial )SS: COUNTY OF MARION ) Rod Burton being duly sworn states that he is the Controller of ERMCO, INC. having contracted with City of Carmel (124070.031CRetainage)to furnish certain materials and/or labor as follows: Electrical Installation for a project known as Parcel 7A, Regional Performing Arts Center Interior Rough Construction Package P4 located in Carmel, IN and does further state: PARTIAL WAIVER: That the balance due from the owner is the sum of the receipt of which is hereby acknowledged: or the payment of which has been promised as the sole consideration for this Affidavit and Partial Waiver of Lien which is given to and for said amount, effective upon receipt of such payment: FINAL WAIVER: That the final balance due from the owner is the sum of ONE HUNDRED FIFTY ONE THOUSAND SEVEN HUNDRED DOLLARS AND NO/100($151,700.00) receipt of which is hereby acknowledged: or x the payment of which has been promised as the sole consideration for this Affidavit and Final Waiver of Lien which is given to and for said amount, effective upon receipt of such payment: THEREFORE,the undersigned waives and releases unto Owner of said premises any and all lien and claim whatsoever on the above-described property and improvements thereon on account of labor or material or both,furnished by the undersigned thereto, 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 waiver. ERMCO, i27 ,t/e/N�� by � Rod Burton Controller Witness my hand and notarial seal, this 15`h day of November, 2,010 q Notary Public My Commission Expires: 12/19//2015 Lou Anne Puckett Notary Public-Printed Signature County of Residence: Marion AFFIDAVIT AND WAIVER OF LIEN STATE OF INDIANA ) Final Partial X )SS: COUNTY OF MARION ) Rod Burton being duly sworn states that he is the Controller of ERMCO, INC. having contracted with City of Carmel (124070.028C&29C)to furnish certain materials and/or labor as follows: Electrical Installation for a project known as Parcel 7A,Regional Performing Arts Center Interior Rough Construction Package P4 located in Carmel, IN and does further state: PARTIAL WAIVER: That the balance due from the owner is the sum of TWENTY NINE THOUSAND DOLLARS AND NO/100 ($29,000.00) X the receipt of which is hereby acknowledged: or the payment of which has been promised as the sole consideration for this Affidavit and Partial Waiver of Lien which is given to and for said amount, effective upon receipt of such payment: FINAL WAIVER: That the final balance due from the owner is the sum of 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 is given to and for said amount, effective upon receipt of such payment: THEREFORE,the undersigned waives and releases unto Owner of said premises any and all lien and claim whatsoever on the above-described property and improvements thereon on account of labor or material or both,furnished by the undersigned thereto, 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 waiver. ERMCO,IN by Rod Burton Controller Witness my hand and notarial seal, this 24th day of Novembe 2010 PUl Notary Public My Commission Expires: 12/19/2015 Lou Anne Puckett Notary Public-Printed Signature County of Residence: Marion CONSENT TO FINAL PAYMENT BY OHIO FARMERS INSURANCE COMPANY OHIO FARMERS INSURANCE COMPANY BOND NO. 0071758 TO OWNER: OWNER'S PROJECT NO.: City of Carmel Redevelopment Commission for the City of Carmel,Hamilton Co. DATE OF CONTRACT: February 16,2009 1 1 1 West Main Street Suite 140 Cannel, IN 46032 PROJECT: (Insert name, address and description of Project) Parcel 7A,Regional Performing Arts Center-Interior Finish Package P5 - Rebid Rid Package#5115 -Ceramic Tile According to the provisions of the Contract between the Owner and the Contractor as indicated above, Ohio Farmers Insurance Company, P. O. Box 5001, One Park Circle,Westfield Center, Ohio 44251- 5001, as Surety on bond of contractor, (Insert name and address of Contractor) Chance Brothers Marble&Tile Inc. 114 West McCarty Street Indianapolis,IN 46225 hereby approves of the final payment to the Contractor, and agrees that final payment to the Contractor shall not relieve Ohio Farmers Insurance Company of any of its obligations to the owner, (Insert name and address of Owner) City of Cannel Redevelopment Commission for the City of Carmel, Hamilton Co 111 West Main Street Suite 140 Carme4 IN 4603? as stated in said Surety's bond. Dated: March 31 2011 Ohio Farmers Insurance Company B�� L/• � �.. .. na . A.ams Attorney In"act • STATEMENT OF COMPLIANCE Payroll #: DATE: 03/30/2011 A CONTRACT #: 3875 .",\�(4) That: I, Jonathan A. Pfendler , Director of Operations, Vll ,�', '' . ', (a) WHERE FRINGE BENEFITS ARE PAID TO APPROVED PLANS, (Name of signatory party) P '. e);'..\1. \ '∎', FUNDS, OR PROGRAMS do hereby certify under penalty of perjury: �' \ In addition to the basic hourly wage rates paid to _ � ` ' each laborer or mechanic listed in the above refer- (1) That I pay or supervise the payment of the pons empioyed_by enced payroll, payments of fringe benefits as listed in the contract have been or will be made to appro- P.I.P.E., Inc. on the Common Wealth : priate programs for the benefit of such employees, except as noted in Section 4(c) below. that during the payroll period commencing on the 20 day of (b) WHERE FRINGE BENEFITS ARE PAID IN CASH MARCH 2011 , and ending the 26 day of X Each laborer or mechanic listed in the above refer- enced payroll has been paid, as indicated on the MARCH 2011 , all persons employed on said project have been payroll, an amount not less than the sum of the ap- paid the full weekly wages earned, that no rebates have been or will plicable basic hourly wage rate plus the amount of be made either directly or indirectly to or on behalf of said the required fringe benefits as listed in the con- tract, except as noted in Section 4(c) below. P.I.P.E., Inc. from the full weekly wages earned by any person and that no deductions have been made either directly or (c) EXCEPTIONS indirectly from the full wages earned by any person. other than permissible deductions as defined in Regulations. Part 3 (29 CFR EXCEPTION (CRAFT) EXPLANATION Subtitle A), issued by the Secretary of Labor under the Copeland Act, • as amended (48 Stat. 948.63 Stat. 108. 72 Stat. 967;76 Stat. 357;40 U.S.C. 276c), and described below: FICA taxes State withholding tax Federal withholding tax_ Medicare taxes 401K 5125 Court ordered garnishments Insurance REMARKS: (2) That any payrolls otherwise under this contract required to be submitted for the above period are correct and complete: that the wage rates for laborers or mechanics contained therein are not less than the applicable wage rates contained in any wage determination incorporated into the contract: that the classifications set forth therein for each laborer or mechanic conform with the work he performed. Jonathan A. Pfendler Director of Operations (Signature) (3) That any apprentices employed in the above period are duly registered in a bona fide apprenticeship program registered with a THE WILLFUL FALSIFICATION OF ANY OF THE ABOVE STATEMENTS MAY State apprenticeship agency recognized by the Bureau of Apprentice- SUBJECT THE CONTRACTOR OR SUBCONTRACTOR TO CIVIL OR CRIMINAL ship and Training, United States Department of Labor, or if no such PROSECUTION. SEE SECTION 1001 OF TITLE 18 AND SECTION 231 recognized agency exists in a State. are registered with the Bureau OF TITLE 31 OF THE UNITED STATES CODE. of Apprenticeship and Training, United States Department of Labor. DO form 879 S/N 0102-LF-008.6901 CERTIFIED PAYROLL REPORT BATCH PB001261 Contract # 3875 P.I,P.E., Inc. Common Wealth PERIOD ENDING 03/26/2011 Saturday P.O. Box 919 23 N. Rural St. PAYROLL # Greenwood, IN 46142 Indianapolis, IN 46201 JOB ID 10517 PROJECT HOURS HRL EMPLOYEE 21 22 23 24 25 26 20 TOTAL RTE Donald B Cooper REG 8.00 8.5010.00 5.00 .00 .00 .00 31.50 12.00 0/1- .00 .00 .00 .00 .00 .00 .00 .00 18.00 . D/T .00 .00 .00 .00 .00 .00 .00 .00 24.00 Code Ck # 35395 Emp ID dbc Work Comp code/Wages IN5183 378.00 # FED EXEMPTIONS S 0 Project Hourly Other Gross FICA/MED Fed W/H ST W/H City/UI Other Net Pay WRKCLS Laborer/ Gross Wages Earns Deducts SEX: M 378.00 432.00 .00 432.00 23.06 56.97 23.87 6.73 44.00 277.37 MINORITY CODE: Bonus allo 8.21 Education 9.42 Employer F 33.05 Holiday al 9.94 Insurance 12.82 Overtime a 49.68 Health ins 24.00 School 20.00 Unemployme 13.15 Vacation a 8.64 Workers Co 5.62 PROJECT HOURS HRL EMPLOYEE 21 22 23 24 25 26 20 TOTAL RTE Fredrick S Eicks REG 9.00 8.50 9.00 5.00 .00 .00 .00 31.50 25.00 0/T .00 .00 .00 .00 .00 .00 .00 .00 37.50 D/T .00 .00 .00 .00 .00 .00 .00 .00 50.00 Code Ck # 35396 Emp ID FSE Work Comp code/Wages IN5183 787.50 # FED EXEMPTIONS M 7 Project Hourly Other Gross FICA/MED Fed W/H ST W/H City/UI Other Net Pay WRKCLS Plumbing/ Gross Wages Earns Deducts SEX: M 787.50 875.00 .00 875.00 45.51 22.28 26.08 13.29 69.50 698.34 MINORITY CODE: Bonus allo 16.63 Employer F 66.94 Holiday al 20.13 Insurance 158.71 Overtime a 100.63 Health ins 69.50 Unemployme 13.15 Vacation a 17.50 Workers Co 11.38 PROJECT HOURS HRL EMPLOYEE 21 22 23 24 25 26 20 TOTAL RTE Ronald G Kemp REG 8.00 8,00 8.00 8.00 .00 .00 .00 32.00 19.00 0/T .00 .00 .00 .00 .00 .00 .00 .00 28.50 D/T .00 .00 .00 .00 .00 .00 .00 .00 38.00 Code Ck # 35405 Emp ID RGK Work Comp code/Wages IN5183 608.00 # FED EXEMPTIONS M 4 Project Hourly Other Gross FICA/MED Fed W/H ST W/H City/UI Other Net Pay WRKCLS Plumbing/ Gross Wages Earns Deducts SEX: M 608.00 693.50 .00 693.50 39.19 29.54 23.58 11.44 .00 589.75 MINORITY CODE: Bonus allo 13,18 Employer F 53.05 Holiday al 15.95 Overtime a 79.75 Unemployme 13.15 Vacation a 13.87 Workers Co 9.02 • CERTIFIED PAYROLL REPORT BATCH P8001261 Contract # 3875 P.I.P,E., Inc. Common Wealth PERIOD ENDING 03/26/2011 Saturday P.O. Box 919 23 N. Rural St. PAYROLL # Greenwood. IN 46142 Indianapolis, IN 46201 JOB ID 10517 CERTIFIED PAYROLL TOTALS PROJECT HOURS PAID 95.00 PROJECT HOURS WORKED 95.00 PROJECT GROSS 1773.50 REGULAR HOURS 107.50 OVERTIME HOURS 0.00 DOUBLE TIME HOURS 0.00 OTHER EARNINGS 0.00 GROSS EARNINGS 2000.50 • FICA TAX 80.10 MEDICARE TAX 27.66 FEDERAL TAX 108.79 STATE TAX 73.53 CITY/LOCAL TAX 31.46 OTHER DEDUCTIONS 113.50 NET WAGES 1565.46 WORK COMP WAGES 1773.50 NUMBER OF EMPLOYEES 3 • THIS POWER OF ATTORNEY SUPERCEDES ANY PREVIOUS POWER BEARING THIS SAME POWER#AND ISSUED PRIOR TO 09/29110,FOR ANY PERSON OR PERSONS NAMED BELOW. General POWER NO. 1302892 04 Power Westfield Insurance Co. of Attorney Westfield National Insurance Co. CERTIFIED COPY Ohio Farmers Insurance Co. Westfield Center, Ohio Know Ali Men by These Presents, That WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, corporations, hereinafter referred to individually as a 'Company" and collectively as 'Companies,' duly organized and existing under the laws of the State of Ohio,and having Its principal office in Westfield Center, Medina County,Ohio,do by these presents make,constitute and appoint RICHARD A.BITTLES,MICHAEL C.CONOVER, HAROLD W.STARK, III,LORNA M.ADAMS,MARTHA L.DENTON,JOHN J. WIGGINS,JOHN R. PARMLEY,TERESA J.WILSON,MARILYN A.SHROUT, JOINTLY OR SEVERALLY of GREENCASTLE and State of IN Its true and lawful Attorney(s)-In-Fact,with full power and authority hereby conferred In its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings, or other instruments or contracts of suretyship _ LIMITATION: THIS POWER OF ATTORNEY CANNOT BE USED TO EXECUTE NOTE GUARANTEE, MORTGAGE DEFICIENCY, MORTGAGE GUARANTEE,OR BANK DEPOSITORY BONDS. and to bind any of the Companies thereby as fully and to the same extent as If such bonds were signed by the President,sealed with the corporate seal of the applicable Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney(s)-in-Fact may do in the premises. Said appointment is made under and by authority of the following resolution adopted by the Board of Directors of each of the WESTFIELD INSURANCE COMPANY,WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY: 'Be It Resolved,that the President,any Senior Executive,any Secretary or any Fidelity&Surety Operations Executive or other Executive shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: The Attorney-in-Fact. may be given full power and authority for and in the name of and on behalf of the Company,to execute,acknowledge and deliver, any and all bonds, recognizances, contracts, agreements of indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney-in-Fact shall be as binding upon the Company as if signed by the President and sealed and attested by the Corporate Secretary." "Be it Further Resolved,that the signature of any such designated person and the seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile,and any power of attorney or certificate bearing facsimile signatures or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached." (Each adopted at a meeting held on February 8,2000). In Witness Whereof,WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY have caused these presents to be signed by their Senior Executive and their corporate seals to be hereto affixed this 29th day of SEPTEMBER A.D.,2010 . h, corporate ,r°aSiIR.t���''., . ".ctoNA�j' � "" WESTFIELD INSURANCE COMPANY Seals o f; c S;•.••••• WESTFIELD NATIONAL "�,N: � '�s�°; ;�<,Q ••• �'� INSURANCE COMPANY Affixed tv. ;t `:iv:o: _" �: ..*:44‘�% OHIO FARMERS INSURANCE COMPANY at j. . SEAL :m C MITERED a '4-7f'• rs..e t ;zy•. 0: at. 1848 849 4'•e- i / 3 e r . State of Ohio -"4" .,�+•"r � f *• •.i...,,,.,,••'` By: County of Medina ss.: Richard L. Klnnaird, Jr.,Senior Executive On this 29th day of SEPTEMBER A.D.,2010 , before me personally came Richard L. Kinnaird, Jr.to me known,who, being by me duly sworn, did depose and say,that he resides In Medina, Ohio;that he Is Senior Executive of WESTFIELD INSURANCE COMPANY,WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, the companies described in and which executed the above instrument;that he knows the seals of said Companies;that the seals affixed to said instrument are such corporate seals;that they were so affixed by order of the Boards of Directors of said Companies;and that he signed his name thereto by like order. Notarial 4,2_,&,:„,t, _,,,,,.....,y„I z,;(,) xi. Seal ` Affixed AsP. .../�. •• - • William J. Kahelin,A fro rney at Law, Notary Public State of Ohio N >` !p /o My Commission Does Not Expire(Sec.147.03 Ohio Revised Code) County of Medina ss.: ;s y r ..r.'.- .,ti f o F o I, Frank A.Carrino,Secretary of WESTFIELD INSURANCE COMPANY,WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Companies,which is still in full force and effect;and furthermore,the resolutions of the Boards of Directors,set out In the Power of Atturney are in full force and effect. In Witness Whereof, I have hereunto set my hand and affixed the seals of said Companies at Westfield Center, Ohio, this3 1 day of A.D., March „,„.,„,", 2 01 1' raSUR.44,N. ' ,%.t∎oN;ACry'•., ...•;' lS(/ %„. i.,..„ M: it ``: SEAL`IF ^ cIluitER�; � 7J4:": Ests NS ;m, o •isc n; 1 6 ° Secretary 'V r 1v 3• ..0. . �4 •a-1 Frank A. Camino, ecret BPOAC2(combined)(06-02) Consent of Surety to OWNER Reduction in or Partial ARCHITECT CONTRACTOR Release of Retainage SURETY AIA DOCUMENT G707 A Bond No. 929451719 OTHER 0 TO OWNER: City of Carmel ARCHITECTS PROJECT NO.: (Name and address) One Civic Square Carmel, IN 46032 CONTRACT FOR: Parcel 7A, Regional Performing Arts Center- Interior Rough Construction Package P4 Carmel, IN PROJECT: (Name and address) Parcel 7A, Regional Performing Arts Center- Interior Rough Construction Package P4 Carmel, IN CONTRACT DATED: May 3,2008 In accordance with the provisions of the Contract between the Owner and the Contractor as indicated above, the Continental Casualty Company (Insert the name and address of Surety) 9000 Keystone Crossing, Suite 500, Indianapolis, IN 46240 , SURETY, on bond of ERMCO, Inc. (Insert the name and address of Contractor) 1625 W. Thompson Road, Indianapolis, IN 46217 ,CONTRACTOR, hereby approves the reduction in or partial release of retainage to the Contractor as follows: Reduce Retainage from Five Hundred Twenty Four Thousand, Five Hundred Eighty Eight and 75/100 Dollars ($524,588.75)to Three Hundred Seventy Two Thousand, Eight Hundred Eighty Eight and 75/100 Dollars ($372,888.75) The Surety agrees that such reduction in or partial release of retainage to the Contractor shall not relieve the Surety of any of its obligations to City of Carmel (Insert the name and address of Owner) One Civic Square, Carmel, IN 46032 OWNER, as set forth in the said Surety's bond. IN WITNESS WHEREOF,the Surety has hereunto set its hand on this date: April 6, i 1 J(Insert in writ g the mo Wowed by the numeric date and year.) Attest: AK. I (Seal): M.M. Shelton, Attorr y-In-Fact Continental Casualty Company (Surety) Printed in cooperation with the American Institute of Architects(AIA)by the CNA Insurance Companies. The language in this document conforms exactly to the language used in AIA Document G707 A-Consent of Surety to Reduction in or Partial Release of Retainage-1994 Edition. POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents,That Continental Casualty Company,an Illinois insurance company,National Fire Insurance Company of Hartford,an Illinois insurance company,and American Casualty Company of Reading,Pennsylvania,a Pennsylvania insurance company(herein called "the CNA Companies"),are duly organized and existing insurance companies 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 Liana M Shelton,Norma J Lerch,Daniel T Touw,Jason D McEldowney,Individually 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 insurance companies 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 insurance companies. 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 30th day of November,2010. cASt.i.44 R moo, Continental Casualty Company �--�r� a National Fire Insurance Company of Hartford coapon.TE 1 ,4011m4,.(01. American Casualty Company of Reading,Pennsylvania Z JULY il, OJ SEAL 1902 t/ 1 t',\ i 1 1 `LC.CY/�' Q too Hitit 9 Ja , yne .Belcastro Senior Vice President State of Illinois,County of Cook,ss: On this 30th day of November,2010,before me personally came Jacquelyne M.Belcastro to me known,who,being by me duly sworn,did depose and say: that she resides in the City of Chicago,State of Illinois;that she is a Senior Vice President of Continental Casualty Company,an Illinois insurance company,National Fire Insurance Company of Hartford,an Illinois insurance company,and American Casualty Company of Reading, Pennsylvania,a Pennsylvania insurance company described in and which executed the above instrument;that she knows the seals of said insurance companies;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 insurance companies and that she signed her name thereto pursuant to like authority,and acknowledges same to be the act and deed of said insurance companies. K C-52)/eite:i PRICE NOM'MC•StAll Of LIMOS WcolOFFIC tMncttaonrnf My Commission Expires September 17,2013 Eliza Price Notary Public CERTIFICATE I,Mary A.Ribikawskis,Assistant Secretary of Continental Casualty Company,an Illinois insurance company,National Fire Insurance Company of Hartford,an Illinois insurance company,and American Casualty Company of Reading,Pennsylvania,a Pennsylvania insurance company 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 insurance companies 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 insurance companies this 6th day of April , 2011 . c^Sw<r yq Continental Casualty Company A� 40. �a`" National Fire Insurance Company of Hartford t= co"�O1Ar, $.xaoilra1or�e' American Casualty Company of Reacting,Pennsylvania yr �/ 11ttY 11, t SEAL `kj isoz e co€4.„,-,42,, el `k itatt� ° ��`` Mary A, ika kis Assistant Secretary Form F6853-5/2009 CONSENT OF SURETY OAR n TO REDUCTION IN OR ARCHITECT ( 1 PARTIAL RELEASE OF RETAINAGE CONTRACTOR Li AIA DOCUMENT G707A SURETY OTHER Bond No,: 929452209 PROJECT: Parcel 7A,Regional Performing Arts Center (name,address) TO(Owner) City of Carmel,Indiana ARCHITECT'S PROJECT NO: One Civic Square Carmel,IN 46032 CONTRACT FOR: Interior Rough Construction Package P4 CONTRACT DATE: 2008 In accordance with the provisions of the Contract between the Owner and the Contractor as indicated above,the (here insert name and address of Surety as it appears in the bond), Continental Casualty Company,333 S.Wabash Avenue,Chicago,IL 60604 on bond of(here insert name and address of Contractor as it appears in the bond) Circle B Construction Systems,LLC,5636 S.Meridian Street,Indianapolis,IN 46217 hereby approves the reduction in or partial release of retainage to the Contractor as follows: Reduce Retainage to$50,000.00 The Surety agrees that such reduction in or partial release of retainage to the Contractor shall not relieve the Surety of any of its obigations to (here insert name and address of Owner) City of Carmel,Indiana,One Civic Square,Cannel,IN 46032 as set forth in the said Surety's bond. IN WITNESS WHEREOF, the Surety has hereunto set its hand this 31st day of March ,2 011 , Continental Casualty Company S • _ • " , Signature of Authorized Representative Attest: 0A1 Sheree Hsieh ,Attorney-in-Fact (Seal): I Title • AIA DOCUMENT G707A•CONSENT OP SURETY TO REDUCTION IN OR PARTIAL RELEASE,OF RETAINAGE•JUNE 1971 ONE PAGE EDITION•AIA®•®1971•THE AMERICAN INSTITUTE OF ARCHITECTS,173S NEW YORK AVB„NW,WASHINGTON,D.C.20006 S-4870 POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents,That Continental Casualty Company,an Illinois insurance company,National Fire Insurance Company of Hartford,an Illinois insurance company,and American Casualty Company of Reading,Pennsylvania,a Pennsylvania insurance company(herein called "the CNA Companies"),are duly organized and existing insurance companies 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, Sheree Hsieh, Brenda Johnston,Cindy H Stellhorn,Individually of Indianapolis,[N,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 insurance companies 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 insurance companies. 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,2009. n1.144)-.44' Wsue Continental Casualty Company National Fire Insurance Company of Hartford € % Ia 0atekrto,a American Casualty Company of Reading,Pennsylvania Ili . JacN. yne .Belcastro Senior Vice President State of Illinois,County of Cook,ss: On this 26th day of August,2009,before me personally came Jacquclyne M.Belcastro to me known,who,being by me duly sworn,did depose and say: that she resides in the City of Chicago,State of Illinois;that she is a Senior Vice President of Continental Casualty Company,an Illinois insurance company,National Fire Insurance Company of Hartford,an Illinois insurance company,and American Casualty Company of Reading,Pennsylvania,a Pennsylvania insurance company described in and which executed the above instrument;that she knows the seals of said insurance companies;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 insurance companies and that she signed her name thereto pursuant to like authority,and acknowledges same to be the act and deed of said insurance companies. . //M0,, WON rc•turaarw�ara (3,?(.4,4A4 Idep RO MOOCrp0rr/13 My Commission Expires September 17,2013 Eliza Price Notary Public CERTIFICATE I,Mary A.Ribikawskis,Assistant Secretary of Continental Casualty Company,an Illinois insurance company,National Fire Insurance Company of Hartford,an Illinois insurance company,and American Casualty Company of Reading,Pennsylvania,a Pennsylvania insurance company 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 insurance companies 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 insurance companies this 31st day of March , 2011 . Continental Casualty Company .c�• t U5 �eon 6. National Fire Insurance Company of Hartford i oce"mre I ( .'l i ► American Casualty Company of Reading,Pennsylvania ° I a+tr n. '4, 44800 Q. ged,:4.,./.4:0 1847 Mary A. tilts kris Assistant Secretary Form F6853-5/2009 .vc-C1J CONTRACTOR'S AFFIDAVIT OF OWNER. RI .. PAYMENT OF DEBTS AND CLAIMS CONTR ARCHITECT b 414 Document G706 CONTRACTOR fl ' (Instructions on reverse side) SURETY •0 ; OTHER , D ; ' • TO OWNER: ARCHITECT'S PROJECT NO_: ovum,and a.fiken) , CTTV nL' CADMET TNDTANA 'v111 vy V111 ' 1011.,-L21.111[1.nvry r•TrrTn cnnADE T INTERIOR nnNSTDrTTTnm , ,1/4...,......., vi r 1 V ✓1(VA CONTRACT FOR: 1ATRIV ...,,,,,,....t....,,,,,,......,,,,,,....t.....Vr ,ADM-VT T7 4F19'1 VLl1LLLL'11J\ 1L• YVVJL PROJECT: CONTRACT DATED: 2008 (Name and addeetr) n A nvT L' T1L+D VnDMTATn A DTO nn}rmED VCl1LL 1L1.l 1 1:1111'V IU 1.1-1.4,7 11111✓ VI-al.1..ill • •. ,t, • • STATE OF: TNLTIT A A 11\ A.ruAn COUNTY OF: AA A RI ON ' 1 ltll\1 VL\ , The undersigned hereby certifies that, except as listed below, payment has been made in full and all obligations have otherwise beets' satisfied for all materials and equipment furnished,for all work, labor,and services performed,and for all known indebtedness and claims against the Contractor for damages arising in any manner in connection with the performance of the Contract referenced above for Which. . the Owner or Owner's property might in any way be held responsible or encumbered. EXCEPTIONS: • • ernmc 1\VLYLj ''r: • r ,. SUPPORTING DOCUMENTS ATTACHED HERETO: CONTRACTOR (None undnJdrest) • I. Consent of Surety ty to Final Pa yment. Whenever Surety is n 1Dn LL ,P.1 CONSTRUCTION .SYSTEMS, L Lv involved, Consent of Surety is required, AIA Document 5536 3 c C liEF TDT A N S T ,' V J V ✓. l lJ:ail11%1L1L\ ✓J.. 't G707,Consent of Surety,may be used for this purpose. T MT T AN A POT TS TM 44,217 11\L 111E\Rl VL � 1\ '1V L1 Indicate attachment: 0 yes U no The following supporting documents should be attached hereto (I required by the Owner; 1. Corutactor's Release or Waiver of Liens, conditional BY: Zit, i1 'd uonal upon ' 11 receipt of final payment ../. I Jhortred ropxtanradvdJ 2. Separate Releases or Waivers of Liens from Subcontractors and material and equipment suppliers,to the extent required JOHN M• ABBOTT, PRESIDENT IDENT by the Owner,acco anied b a list thereof �Ststl�c�sn m,,, i rap y rtYwnimanic end wc) 11d i i, 3. Contractor's Affidavit �1vl°�FeF�if p ,..• of Release of Liens(ALA Document - ••„••• ,F • G706A), Subscribed and orn. to efore me on shi”. e• /. t c (2 ri°c .s, ' ' ' f Y/✓r LVyI +y ' Notary Public �( ,/r 4 �``, `, j: r' ' ' My Commission Expires: ,,,..3,',11-1.` •: CATHY A.GINDER AIA I+_OP' ,•GVU - ' ' NOTARY PUBLIC STATE OF INDIANA 'eimm.'`'• ' OHNSON�OpUNTY J MY COMMISSION EXP.FEB.1,2017 • CONTRACTOR'S AFFIDAVIT OF OWNER p RELEASE OF LIENS ARCHITECT p r Al.4 Document G7061 CONTRACTOR ❑ (Instructions on reverse side) SURETY - • OTHER 0 •• • TO OWNER: (NameTnldad*u.l ARCHITECT'S PROJECT NO.: , CITY OF CARME - INDIANA , V111 OF VL'1l V'lL•L� 1.1rL 11>Lrl] , ONE CIVIC SQUARE nv,CTRACT FOR: _INTERIOR CONSTRUn TT," • ,i' nAD (Lr T M ,.Fnlo V111U'l1i LIT 11\ YUVJL • PROJECT: CONTRACT DATED: 2005 Mmne undnddrt,/ C ARMLL PERFORMING ,ART✓ CENTER • • .STATL' r, E OF: T' ITAR7A�iv1,�.,.rn COUNTY OF; MARION • • The undersigned hereby certifies that to the.blest of thc.undersigned's knowledge, information and belief, except as listed 1• low,,the...• . '. ";:' Releases of Waivers of Lien attached hereto include the Contractor, all Subcontractors, all suppliers..of materials and equipment,,and,tall , ,, performers of Work, tabor or services who have or may have liens or encumbrances or the right to assert liens or encumbrances against . any property of the'Owner arising in any manner out of the performance of the Contract referenced above. EXCEPTIONS: • • BONNE '1 • SUPPORTING DOCUMENT'S ATTACHED HERETO: CONTRACTOR • . {Mau dud addra,0 1. Contractor's.Release or Waiver of Liens, conditional upon ^TOrr,? n nnT?emn??,.T,ter, SYSTEMS Tan V11?(T t' L CONSTRUCTION ✓1✓1L'M✓, LLV receipt of final payment. SAW:,r'' .C,. ilti....., ,,,,,, CT ' i 2. Separate Releases of Waivers of Liens from subcontractors INDIANAP. T3 62?T ui / equipment suppliers, to the extent required ' and material and • by the Owner,accompanied by a list thereof ��-� ; 1..or• •o r oru >Sarnrnrarire) .,i,l • T/lT1A7 u A T]Ri1TT T?nyC TT\LT.?r*+ ?t U V1114 fl• 111JLV 1 1• £14.i✓.i1JCilr l (nlrlaid ante Yfla af1{) • I . •.•SC�U\tllli2iolM, f<,F` • Subscribed and swo bef•re me on this dates q, `V eK '��, c Notary Public: �• en' ••.i•My Commission Expires: ^,�.�; ;� r .A e� ti t CAT?'•tY A. R . : LI :• j'4'`.,. ' i D , y.' Consent of Surety to OWNER Reduction in or Partial ARCHITECT Release of Retainage SORTRACTOR SURETY AM DOCUMENT G707A Bond No. 929451719 OTHER TO OWNER: City of Carmel ARCHITECTS PROJECT NO.: (Name and address) One Civic Square Carmel, IN 46032 CONTRACT FOR: Parcel 7A, Regional Performing Arts Center- Interior Rough Construction Package P4 Carmel, IN PROJECT: (Name and address) Parcel 7A, Regional Performing Arts Center- Interior Rough Construction Package P4 Carmel, IN CONTRACT DATED: May 3, 2008 In accordance with the provisions of the Contract between the Owner and the Contractor as indicated above, the Continental Casualty Company . (Insert the name and address of Surety) 9000 Keystone Crossing, Suite 500, Indianapolis, IN 46240 , SURETY, on bond of ERMCO, Inc. (insert the name and address of Contractor) 1625 W. Thompson Road, Indianapolis, IN 46217 , CONTRACTOR, hereby approves the reduction in or partial release of retainage to the Contractor as follows: Reduce Retainage from Three Hundred Seventy Two Thousand, Eight Hundred Eighty Eight and 75/100 Dollars ($372,888.75)to Fifty Thousand and 00/100 Dollars($50,000.00) The Surety agrees that such reduction in or partial release of retainage to the Contractor shall not relieve the Surety of any of its obligations to City of Carmel (Insert the name and address of Owner) One Civic Square, Carmel, IN 46032 ,OWNER, as set forth in the said Surety's bond. IN WITNESS WHEREOF,the Surety has hereunto set its hand on this date: April 6, 1 / (Insert in wild g the month followed by the numeric date and year) Attest: IA. I - `l$A• _ (Seal): Lia : M. Shelton, • o ney-n-Fact Continental Casualty Company (Surety) ^� Printed in cooperation with the American Institute of Architects(AIA)by the CNA Insurance Companies. The language in this document conforms exactly to the language used in AlA Document G707 A-Consent of Surety to Reduction in or Partial Release of Retainage-1994 Edition. POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents,That Continental Casualty Company;an Illinois insurance company,National Fire Insurance Company of Hartford,an Illinois insurance company,and American Casualty Company of Reading,Pennsylvania,a Pennsylvania insurance company(herein called "the CNA Companies"),are duly organized and existing insurance companies 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 Liana M Shelton,Norma J Lerch,Daniel T Touw,Jason D McEldowney,Individually • of Indianapolis,IN,their true and lawful Auorney(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 insurance companies 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 insurance companies. 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 30th day of November,2010. �S�t tNSUNt oe Continental Casualty Company National Fire Insurance Company of Hartford oOt °',*s • f_ � '�+ot�o American Casualty Company of Reading,Pennsylvania SEAL i 1897 °fr 1�t1 : Pt, e'; 1 '1 1. <Q 12(CLtS o Ja yne .Belcastro Senior Vice President State of Illinois,County of Cook,ss: On this 30th day of November,2010,before me personally came Jacquelyne M.Belcastro to me known,who,being by me duly sworn,did depose and say: that she resides in the City of Chicago,State of Illinois;that she is a Senior Vice President of Continental Casualty Company,an Illinois insurance company,National Fire Insurance Company of Hartford,an Illinois insurance company,and American Casualty Company of Reading, Pennsylvania,a Pennsylvania insurance company described in and which executed the above instrument;that she knows the seals of said insurance companies;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 insurance companies and that she signed her name thereto pursuant to like authority,and acknowledges same to be the act and deed of said insurance companies. • WICK SEAL 9JiAPWCE /NCI0 111101 •MOM S 4taot6 (5)00.4(...e..„tirtAltm?111r11 My Commission Expires September 17,2013 Eliza Price Notary Public CERTIFICATE I,Mary A.Ribikawskis,Assistant Secretary of Continental Casualty Company,an Illinois insurance company,National Fire Insurance Company of Hartford,an Illinois insurance company,and American Casualty Company of Reading,Pennsylvania,a Pennsylvania insurance company 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 insurance companies 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 insurance companies this 6th day of April , 2011 . 09,swer tttstr9tosnuno•trn Continental Casualty Company • National Fire Insurance Company of Hartford c onATE 0,9100944.01.4,$ American Casualty Company of Reading,Pennsylvania SEAL le ��IVi1 � NAtI Mary A. ika kis Assistant Secretary Form F6853-5/2009 CONSENT OF OWNER I I SURETY COMPANY ARCHITECT L TO FINAL PAYMENT CONTRACTOR AIA DOCUMENT G707 SURETY OTHER Bond No.:929 452 206 FCP$48,120.00 PROJECT; Parcel 7A,Regional Performing Arts Center-Core&Shell Package P3 (name,address) TO(Owner)City of Carmel ARCHITECT'S PROJECT NO: 1 Civic Square Carmel,IN 46032 CONTRACT FOR: Bid Package 3090 Stucco CONTRACT DATE: 2008 CONTRACTOR: Circle B Construction Systems,LLC In accordance with the provisions of the Contract between the Owner and the Contractor as indicated above,the (here insert name and address of Surety as it appears in the bond). Continental Casualty Company,333 S.Wabash Avenue,Chicago,IL 60604 on bond of(here insert name and address of Contractor as it appears in the bond) Circle B Construction Systems,LLC,5636 S.Meridian Street,Indianapolis,IN 46217 hereby approves of the final payment to the Contractor,and agrees that final payment to the Contractor shall not relieve the Surety Company of any of its obligations to:(here insert name and address of Owner) City of Cannel 1 Civic Square Cannel,IN 46032 as set forth in the said Surety's bond. IN WITNESS WHEREOF, the Surety has hereunto set its hand this 1st day of April '2011 • Continental Casualty Company Sur:`•` • B : r N ignature of Authorized Representative Attest: / J. Sheree Hsieh Attorney-in-fact (Seal): / / Title NOTE: This form Is to be used as a companion document to MA DOCUMENT 0706,CONTRACTOR'S AFFIDAVIT OF PAYMENT OF DEBTS AND CLAIMS,CunrentEdition AlA DOCUMENT 0707•CONSENT OF SURETY COMPANY TO FINAL PAYMENT•APRIL 1970 EDITION•MAO ONE PAGE ©1970•THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVE.,NW,WASHINGTON,D.C.20006 S-4869 POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents,That Continental Casualty Company,an Illinois insurance company,National Fire Insurance Company of Hartford,an Illinois insurance company,and American Casualty Company of Reading,Pennsylvania,a Pennsylvania insurance company(herein called "the CNA Companies"),are duly organized and existing insurance companies 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 .1 Krahn, Sheree Hsieh, Brenda Johnston,Cindy H Stellhorn,Individually of Indianapolis,EM,their true and lawful Attomey(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 insurance companies 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 insurance companies. 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,2009. Continental Casualty Company ��' u'`r� ` OMAN. � w National Fire Insurance Company of Hartford aOAPOMr, 1 C (secoowrto at American Casualty Company of Reading,Pennsylvania FAY II. SEAL' �r 1 ti l, 1 !a/ !t ` W .It(`Lts/y Q �ap7 Jac. . yne r.Belcastro Senior Vice President State of Illinois,County of Cook,ss: On this 26th day of August,2009,before me personally came Jacquelyn M.Belcastro to me known,who,being by me duly sworn,did depose and say: that she resides in the City of Chicago,State of Illinois;that she is a Senior Vice President of Continental Casualty Company,an Illinois insurance company,National Fire Insurance Company of Hartford,an Illinois insurance company,and American Casualty Company of Reading,Pennsylvania,a Pennsylvania insurance company described in and which executed the above instrument;that she knows the seals of said insurance companies;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 insurance companies and that she signed her name thereto pursuant to like authority,and acknowledges same to be the act and deed of said insurance companies. MOIL tl>E<AL ; 4 ILO PRICE . NOUN MUD•OiAll CO LAOIS nerwNIsaoltoo»rtms My Commission Expires September 17,2013 Eliza Price Notary Public CERTIFICATE 1,Mary A.Ribikawskas,Assistant Secretary of Continental Casualty Company,an Illinois insurance company,National Fire Insurance Company of Hartford,an Illinois insurance company,and American Casualty Company of Reading,Pennsylvania,a Pennsylvania insurance company 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 insurance companies 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 insurance companies this 1st day of April , 2011 . Continental Casualty Company II' ' , � _cow . National Fire Insurance Company of Hartford coewoure 1 i American Casualty Company of Reading,Pennsylvania SEAL •rt 1. ' -•Cir 1897 d Mary A. nicer kis Assistant Secretary Form F6853-5/2009 r.oz/eb CONTRACTOR'S AFFIDAVIT OF owNER s . PAYMENT OF DEBTS AND CLAIMS ARCHITECT' AM Document 0706 CONTRACTOR t] ' ' • (Instructions on reverse side) SURETY .0 OTHER • 0 D • TO OWNER: ARCHITECT'S PROJECT NO.: (Nar and adr11J , '. m 010V rip ('ADARTT TATriT AATT 111 %Jr VL1111•.1;,L, 101.%141a1( ' CONTRACT FUR. ✓mVrVn nMTL ^TTTI ontTATL Vi C. V1 t1V U.,°VI11''. r'A"MAUI TAT /.001-) VL11111L1-1• 1.1\ •tV VJL ■ PROJECT: CONTRACT DATED: (Name and addrulf J 'vD1L L Da vOMiry ADiU V .fnU 1 i (-1.11(-1.11.1,,J A:A 1iit • STATE OF: TNDI A N A COUNTY u..ulnitl� • . . COUNTY OF. i A RION • DI ON lT , The undersigned hereby certifies that, except as listed below, payment has been made in full and all obligations have otherwise bean. satisfied for all materials and equipment furnished,for all work, labor,and services performed,and for all known indebtedness and claims '. against the Contractor for damages arising in any manner in connection with the performance of the Contract referenced above for which.• the Owner or Owner's property might in any way be held responsible or encumbered. EXCEPTIONS: ,' 1Tn ATL, _•,..„,14.1.:. • • • SUPPORTING DOCUMENTS ATTACHED HERETO: CONTRACTOR . (Nam.andaJdrerr) I• Consent of Sure t CIRCLE D CONSTRUCTION C�rOTL*T,.iO T T r+ ty O Final PaymenT. Whenever Surety is V3'1`CLE 1J CONSTR C ION U1v1L'31V, LLv involved, Consent of Surety is required. MA Document 5635 °U. 41-1;'�1.ID.r1?I ST. ., G707,Consent of Surety,may be used for this purpose. iiv1TT`i.1ANA vi... J, IN Y V L i 7 Indicate attachment: IJ yes U no The following supporting documents should be attached hereto . • .: „: if required by the Owner; I. Contractor's Release or Waiver of Liens, conditional upon B �' �` ' receipt of final payment B""" e.. Tr a:'°°''T 'artier v p 2. Separate Releases or Waivers of Liens from Subcontractors and material and equipment _ . • Q Jprrlcnf 6upp17erS,to the extent required Tnvt,T m A DnnTR 00'00 T012.3,a JV1L\ N. 111J1JV 11, 1;LL.J ILE,'VIi by the Owner,accompanied by a list thereof. /mitt wine am I'll c) 3. Contractor's Affidavit of Release of Liens(ALA Document C706A). lusT,rFS:;l=F4;;,. , Subscribed and otTl to b ore me on this dat '6 A;1c :0, y • • / V cry.Yil Notary Public: �� '• ^�✓ Y r My Commission Expires: E v,: mt i °7 M NOTARY PUBLIC STATE OF INDIANAAIA_:Fort g706-1 JOHNSON COUNTY gam, k�° ' MY COMMISSION EXP.F E B. 2017 i fq 0 k ''''a'� ;::. . ,l ......................... • CONTRACTOR'S AFFIDAVIT OF OWNER p . : RELEASE OF LIENS ARCHITECT p 41A Document G7064 CONTRACTOR (Instructions on reverse side) SURETY OTHER 0 • TO OWNER: ARCHITECT'S PROJECT NO.: (Nana mid ndri,m4 CT TV nF ,ADM T INDIANA V111 Vl' VA1LL'11LL, 111111 101A ' • VL<L v.i VT1V Utn(VLA'atD\Li CONTRACT FOR ✓i'VCCO ,1• /'A DFJDT TnT /.,<l )'' VA1LL1r,U, .11• `t ray JL PROJECT: CONTRACT DATED: 2003 O'cm uAdtdd,e,,1 CARNET PERFnomTNG A DTO CENTER all • • • •STATE OF: TNTt?T A nT A • • ''•COUNTY OF: MARION • 1'1a11\1VLV , • . , .,. The undersigned hereby certifies that to the best of thc undersigned's knowledge, information and belief, except as listed below,,t:hc • ' Releases of Waivers of Lien attached hereto include the Contractor, all Subcontractors, all suppliers-of materials and-equipnient,,and,oll performers of Work., labor or services who have or may have liens or encumbrances or thc right to assert liens or e'ncurnbrances against , any property of the Owner arising in any manner out of the performance of the Contract referenced above. EXCEPTIONS: . , • kTrINTV iv.../JAu • • • • • SUPPORTING DOCUMENTS ATTACHED HERETO: CONTRACTOR • • •(Nun.e*Rd ndd./WJ , ' • 1. Contractor's Release or Waiver of Liens, conditional upon 0TD''T L' p ^nT,TOTDTTTT/'V,T CVC Rr ,,,0 • T T„ V111VLL' L ,,,,,111V11V1� ✓1✓1.,,,,, LLV receipt of final payment. 5636 n MERIDIAN ST JVJV 3. MERIDIAN ✓1• •• 2. Separate Releases of Waivers of Liens from subcontractors T�-TT1TA.**.•nnT T 11\L1A1VAl V. , 4yVL17 ,• and material and equipment suppliers, to the extent required ' by the Owner,accompanied by a list thereof. BY: 4b, tcnaw. • t/iO'r 7'RncwuprU ,••�;i Tnrrnt .. ADDnmm yDL OTT1LtTm VV111\ la• ALLY J.1 llli✓1L111\1 • , ,nf.,name UT tll c) Subscnbed and sw to bef-.re me on ttus d ate• '' ! r" Notary Public: / '' r i y" My Commission Expires: A-',0,?�y{ ;S 9.''z.)^�'T /4 k, a 4, CATHY A.CINDER --7�;;• GtO64--19`�34 NOTARY PUBLIC STATE OF INDIANI `,.a,• ,, `-`_ :,i JOHNSON COUNTY ...... : MY COMMISSION ET.FEB.1.2(111• ' ,�"`;t.: ':: ,il