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HomeMy WebLinkAboutPoynter Sheet Metal - $50,250 Disbursement Instructions (PAC Air Handler Equipment) 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" Ilne;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. P.urpoeo of Authorized Oloburoomont Amount of Authorized Disbursement Afnouwn+ �o de paid 6y VIIla9e Finah(ial Applial!inn 2n (Poyn4er) April201/ .. 50 2.50,B° Total Authorized Dleburaomontb'-so .S11.°0 AU terms used in these Disbursement Instructions without definition shall have the meanings ascribed thereto in that certain Loan Agreement (PAC Air Handler Equipment), dated January 28, 2010, by and between Lender and V'lla Financial, LLC. Dated: 2 Q /li CITY OF CARMEL REDEVELOPMENT COMMIS ION By Printed L es ( S. 0//f Title E ye C.,ll Ve re.61-0 r Draft PAC Air Handling Equipment (Poynter) Up Through November 2009 IPC Amounts through application 16 Completed and Stored to date $ 934,800.00 Retention held (based on 5% retention) $ 46,740.00 Paid to date $ 888,060.00 Amount reimbursed to CRC $ 888,060.00 February 2010 Application 19 Completed and Stored $ 9,336.00 Retention held (based on 5% retention) $ 466.80 Paid by Village Financial $ 8,869.20 March 2010 Application 20 Completed and Stored $ 60,864.00 Retention held (based on 5% retention) $ 3,043.20 Paid by Village Financial $ 57,820.80 April 2011 Amount to be paid by Village Financial $ 50,250.00 APPLICATION AND CERTIFICATE FOR PAYMENT CONSTRUCTION MANAGER-ADVISER EDITION AIA DOCUMENT 6702/CMQ - ]'AGE ONE OF 2 PAGES TO OWNER: PROJECT: Parcel 7A,Regional Performing • APPLICATION NO: 20A Distribution to: Cannel Redevelopment Commission Arts Center 4P-1- OWNER One Civic Square PERIOD TO: 4/30/11 CONSTRUCTION Carmel, IN 46032 PROJECT NO: 2695-4310 MANAGER FROM CONTRACTOR: VIA CONSTRUCTION MANAGER: Shiel-Sexton Co., Inc. (PSM/14065) ARCHITECT POYNTER SI-IEET METAL ATTN: Lynda Weaver,902 N. Capitol Avenue, Indianapolis,IN 46204 CONTRACT DATE: 04/18/08 CONTRACTOR 8768 N.STATE RD.37 VIA ARCHITECT: • BLOOMINGTON,IN 47404 CONTRACT FOR: Bid Package#4310-HVAC Sheet Metal JJ CONTRACTOR'S APPLICATION FOR PAYMENT The undersigned Contractor certifies that to the best of the Uontract.'s knowledge, Application is made for payment,as shown below,in connection with the Contract. information and belief the Work covered by this Applicatio for Pa}��m ent has been Continuation Sheet,AIA Document G703,is attached. completed in accordance with the Contract Documents,that 11 amot.nts have been paid by the Contractor for Work for which previous Certificates f r Payment were issuedland payments received from the Owner,and that current payment shown!herein is now due. 1. ORIGINAL CONTRACT SUM $ 1,005,000.00 2. Net change by Change Orders $ 0.00 CONTRACTOR: 3_ CONTRACT SUfvI TO DATE(Line 1±2) 5 1,005,0011.00 4. TOTAL COMPLETED&STORED TO DATE $ I,005,000.00 `* .Pi if (Column G on G703) By: r Date: Q/aq/// 5. RETAINAGE: 5%of Contract Total Joseph '.L 'resident a. 0 %of Completed Work $ 0.00 State of: .II 9 County of MONROE (Column D+Eon G703) Subscribed. : ./^o before me hi day of i4/2/j•1 o2.O/� b. %of Stored Material $ 0.00 Notary Public: E'GCl!,0 I (Column F on G703) My Commission expires: ugust 29,2 14 • Total Retainage(Lines 5a+5b or Total in Column I of 0703) $ 0.00 CERTIFICATET- • ' E11■1T-6. TOTAL EARNED LESS RETAINAGE 1,005,000.00 In accordance with the Contract Documents,based on on-sitb observations and the data (Line 4 less Line 5 Total) $ comprising this application,the Construction Manager and Architect certity to the ' 7. LESS PREVIOUS CERTIFICATES FOR Owner that to the best of their knowledge,information and elief the Work has ! PAYMENT(Line 6 from prior Certificate) $ 954,750.00 progressed as indicated,the quality of the Work is in accord nce with the Contract 8. CURRENT PAYMENT DUE $ 50,250.00 Documents,and the Contractor is entitled to payment of the MOUNT CERTIFI 9. BALANCE TO FINISH,INCLUDING RETAINAGE $ 0.00 (Line 3 less Line 6) AMOUNT CERTIFIED $ Si qZ. I I' ` ••D • I NI• I' • •• I ' • I I I a (Attach explanation if amount certified differs fr 1 the amount applied for. Initial all 'I otal changes approved figures on this Al.• ]cation and on the;ontinu•tio Sheet th t changed to conform tb the in previous months by Owner $0.00 $0.00 aI •unt certified COI •T• •II,• R: '!L �%. Total approved this Month $0.00 $0.00 By. _`g!1&`:i:�_:�LV _ A_!--....— Date: � " „j TOTALS $0.00 $0.00 ,' y: 'NI/% _1 �`_ Date: �<i►�, e� NET CHANGES by Change Order $0.00 • This Ce i 0 t- is not' egotiable. The AMOUNT CERTIFI-D is payable only to the Contractor named herein.Issuance,payment and acceptance of payment are without prejudice to any rights of the Owner or Contractor under thi Contract. , AI i• •1 t 1 fa. r• .115,• 'i • M• •: i- '•.: -. .-s•-'-, 4.14 •. i•, 1••• •• • ••••-•• • .. . _._ .. .a J _THE AMERICAN INSTITUTE OF ARCHITECTS,1745 NEW YORK AVE.,N.W.,WASHINGTON,DC 20006-5292 Users may obtain validation of this document by requesting of the license a completed AIA Document D401 -Certification of Documen"s Aut enticity • • Director of Redevelopment //' 69 7 CONTINUATION SHEET AL4 DOCUMENT G7O3 21 PAGE OF PAGES 2 MA Document G702,APPLICATION AND CERTIFICATION FOR PAYMENT,containing APPLICATI N NO 20A-R Contractor's signed certification is attached. APPLICATIOT DATES 4/29/2011 In tabulations below,amounts are stated to the nearest dollar. PSM IOB4: 14065 PERIOD TO 4/30/2011 Use Column I on Contracts where variable retainage for line items may apply. NAME: Carmel PAC CONTRAICTNO' 2695-4310 A B C D I E F G I H I I I LINE DESCRIPTION OF WORK SCHEDULED WORK COMPLETED MATERIALS TOTAL % BALANCE ! RETAINAGE NO. VALUE FROM PREVIOUS THIS PERIOD PRESENTLY COMPLETED IC,=C) TO FINISH I (IF VARIABLE APPLICATION STORED AND STORED (C-G) , RATE) (D+E) (NOT IN TO DATE D OR E) (D+E+F) 0% 1 GENERAL CONDITIONS I 2 BOND&INSURANCE 3 MOBILIZATION 4 ALLOWANCE NO 11 BP 4310 5 ALLOWANCE NO 16 CAD AS-BUILTS 6 DRAWINGS/COORDINATION 7 EQUIPMENT 8 AIR HANDLERS 550,000.00 550,000.00 $0 $0 $550,000 100% SO 9 LOUVERS 27,000.00 27,000.00 $0 $0 $27,000 100°/lo SO 10 GRILLES/REGISTERS/DIFFUSERS 62,200.00 62,200.00 $0 $0 $62,200 100°,4y $0 11 FIRE DAMPERS 23,200.00 23,200.00 $0 SO $23,200 100°fieI SO 12 VOLUME DAMPERS 6,600.00 6,600.00 $0 $0 $6,600 100°!° SO 13 SOUND ATTENUATORS 66,000.00 66,000.00 $0 $0 $66,000 100°r). SO 14 FANS 192,000.00 192,000.00 $0 $0 $192,000 100°? $0 15 CHIMNEY FANS 8,000.00 8,000.00 SO $0 S8,000 100°% i SO 16 VAV BOXES 70,000.00 70,000.00 $0 $0 $70,000 100°)l0 so 17 18 I 19 20 21 22 23 24 25 $1,005,000 1,005,000 0 0 1,005,000 1004 0 0 ' - .sat 441 vy t id '� i M 1 raw. s ,, f :':;;1. t . SHEET METAL i i.}+.Q',fY�it.�i.it"tira?13=N)1,.,lCMai'W.h'.l . n POYNTER SHEET METAL, INC. CONTRACTOR'S AFFIDAVIT AND WAIVER OF LIEN PARTIAL (X) FINAL ( ) We, the undersigned, having been employed by CARMEL REDEVELOPMENT COMMISSION furnish labor and materials to do construction work on the premises known as PARCEL 7A, CARMEL REGIONAL PERFORMING ARTS CENTER hereby warrant that the premises of the above named job cannot be made subject to any valid lien by anyone who furnished material, supplies, labor or services to the undersigned for use in the above named project for any labor, materials or supplies furnished or services performed through 04/30/11 to the extent that the undersigned has been paid as set forth herein. . • This waiver is given in order to induce payment in the amount of$50,250.00 and upon receipt of the amount due by the undersigned, this waiver as to the amount due becomes valid, enforceable and of full effect. Upon attachment of the canceled check and the legal description of the project,this waiver may be recorded by the Owner or mortgage holder(s) of the project. • This Contractor's Affidavit and Waiver of Lien only applies to the extent paid, and does not apply to or cover retention, unresolved claims or unresolved changes, change orders or change requests. Given under our hand and seal this 29TH day of APRIL, 2011 POYNTER SHEET METAL, INC. Signatu •e 'Aorized Representative Joseph ' 11 PRESIDENT Title of Authorized Representative STATE OF: Indiana ) COUNTY OF: Monroe ) Subscribed and sworn to before me this 29111 day of APRIL,2011 • _./_■ce./ i• ./_, _ 2.__..// (Notary Public) Commission Expires: August 29, 2014 County of Residence: Monroe • ::,,,i.... A �'. Document G707 TM - 199 } • • • Consent of Surety to Final Payment PROJECT:(Name and address) ARCHITECT'S PROJECT NUMBER: OWNER❑ CONTRACT FOR: ARCHITECT❑ Parcel 7A,Regional Performaning Arts Ctr. Interior Rough Construction Package P4 .it `' June 20,2008 CONTRACTOR 0 TO OWNER; (Name and address) CONTRACT DATED SURETY 0 City of Carmel One Civic Square OTHER D . Carmel,IN 46032 • In accordance with the provisions of the Contract between the Owner and'the Contractor as indicated above,the (Insert name and address of Surety) Travelers Casualty and Surety:Company of America 6081E. 82"d Street,Suite 400 • Indianapolis;:IN 46250 -� ••; ._- Bond# 105128716 , „° . • ; UIET , • S Y on bond of y (Insert name and address of Contractor) Poynter Sheet Metal,Inc. 8768 N. State Road 37 • Bloomington,IN 47404 ... _ ,CONTRACTOR, hereby approves of the final payment to the Contractor,and agrees that'final payment to the Contractor shall not relieve the Surety-of any of its obligations to City of Carmel (Insert name and address of Owner) One Civic Square Carmel,IN 46032 ,OWNER, as set forth in said Surety's bond. April 1,2011 IN WITNESS WHEREOF,the Surety has hereunto set its hand on this date: (Insert in writing the month-followed-by-the numeric d to and;year.) .: TRAVELERS CASUALTY AND SURETY COMPANY OR-AMERICA (Surety) , .„ „,• 4 . • • _=,:=.4;,:::;:,,,„:„:„.•,. . :: :., :: •••• .. .,„„,,,,,,,,,, ,,,,.. ,.., Si o izcd'representative) _ Sheri A Lowden,Attorney-In-Fact Attest: (Seal): `:_- : (Printed'name and title) 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 G707TM—1994.Copyright©1970 and 1994 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 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 @ala.org. 102609 • 01,, A Document 707TM - 1994 instructions Consent of Surety to Final Payment GENERAL INFORMATION Purpose This document is intended for use as a companion to AIA Document G706, Contractor's Affidavit of Payment of Debts and Claims,on construction projects where the Contractor is required to furnish a bond. By obtaining the Surety's approval of final payment to the Contractor and its agreement that final payment will not relieve the Surety of any of its obligations,the Owner may preserve its rights under the bond. Related Documents This document may be used with most of the AIA's Owner-Contractor agreements and general conditions, such as A201 and its related family of documents.As noted above,this is a companion document to AIA Document G706. Use of Current Documents Prior to`using any AIA Contract Document,users should consult www.aia.org or a local AIA component to verify the most recent edition. Reproductions This document is a copyrighted work and may not be reproduced or excerpted from without the express written permission of the AIA.There is no implied permission to reproduce this document,nor does membership in The American Institute of Architects confer any further rights to reproduce this document. The AIA hereby grants the purchaser a limited license to reproduce a maximum of ten copies of a completed G707,but only for use in connection with a particular project.The AIA will not permit reproduction outside of the limited license for reproduction granted above,except upon written request and receipt of written permission from the AIA. Rights to reproduce the document may vary for users of AIA software.Licensed AIA software users should consult the End User License Agreement(EULA). To report copyright violations of AIA Contract Documents,e-mail The American Institute of Architects'legal counsel,copyright @aia.org. CHANGES FROM THE PREVIOUS EDITION Changes in the location of various items of information were made,without revision to the substance of the a document. COMPLETING G707-1994 General o The bond form is the usual source of required information such as the contract date and the names and addresses of the Surety,Owner,Contractor and Project. o Architect's Project No. This information is typically supplied by the Architect and entered on the form by the Contractor. o Contract For • This refers to the scope of the contract,such as "General Construction" or"Mechanical Work." -0o EXECUTING THE DOCUMENT 0 The G707 form requires both the Surety's seal and the signature of the Surety's authorized representative. O n AIA Document GTOVM—1994.Copyright©1970 and 1994 by The American Institute of Architects.All rights reserved.WARNING:This AIAe C Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this Alike Document, n 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- l— mail The American Institute of Architects'legal counsel,copyright @aia.org. 1 ' r WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER c ,J �� POWER OF ATTORNEY • TRAVELERSJ Farmingtoet Casualty Company St.Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company i Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company of America St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St.Paul Guardian Insurance Company Attorney-In Fact No. 222912 Certificate No. 0 0 3 9 2 2 6 3 5 KNOW ALL MEN BY THESE PRESENTS:That St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company and St.Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota,that Farmington Casualty Company,Travelers Casualty and Surety Company,and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut,that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland,that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa,and that Fidelity and Guaranty Insurance Underwriters,Inc.,is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the"Companies"),and that the Companies do hereby make,constitute and appoint M.L.Daniel,Sheri A. Lowden,Keith Corder,and Stacy McClaine of the City of Tndianarnlis ;State of Indiana ,their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above,to sign,execute,seal and acknowledge any and all bonds,recognizances,conditional undertakings and• other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons,guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted>in anyacions or.proceedings allowed by law. v 1 ''. .. .r (_--^ 11th IN WITNESS WHEREOF,the Companies have caused this instrument,td'be signed:and their=corporate seals to be hereto affixed,this October 2010 day of t .-i( 1 - ,) ' r )-t` Farmington Casualty Company �' ' St.Paul Mercury Insurance Company Fidelity and Guaranty Insuran,etCompany !' Travelers Casualty and Surety Company Fidelity and"Guaranty Insurance Undenvrriers,Inc. Travelers Casualty and Surety Company of America St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St.Paul Guardian Insurance Company nsU �,yr)ITY ;.pt,.,, ,t'ff' T r insu•''4 ,,ri AN, N FSnNo G 1(!, V W'ot ,� Jy ,..r ,C.%.9\ Jp•�.� 9� 6J` S`�,`t G y 4 toRPOR,,,f-�y C�:'o 14"""PORTED n m tt m ''''<$ 1,9 ] - aO.or c�t £i Hiy� 1951 a it ...S 6 A L;o ,, SJ T� �, ,'Y sD cp. al.......�a� f� . � � ° 'f'a Al,•�,SM r �6.5,..... 0 A!N / f.01 State of Connecticut By: Air NIP —" — --City-of-Hartford-ss. Georg 4-Thompsonr-enior-rice-President — Oil thirth 1'th d.��Octoher 2010 ,Ise ore me p dilly appeared-George WT-Thompson,who acknowledged ' himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters, Inc.,St.Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company,St. Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company,and that he,as such,being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. cT C . � In Witness Whereof,I hereunto net my hand and official seal. w My Commission expires.the 30th day of June,2011. * pUBI�c, * Marie C.Tetreault,Notary Public n OTC' 58440-4-09 Printed in U.S.A. . WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company,Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters,Inc.,St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company,which resolutions are now in full force and effect,reading as follows: RESOLVED,that the Chairman,the President,any Vice Chairman,any Executive Vice President,any Senior Vice President,any Vice President,any Second Vice President,the Treasurer,any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds,recognizances,contracts of indemnity,and other writings obligatory in the nature of a bond,recognizance,or conditional undertaking,and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her;and it is • FURTHER RESOLVED,that the Chairman,the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company,provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary;and it is FURTHER RESOLVED,that any bond,recognizance,contract of indemnity,or writing obligatory in the nature of a bond,recognizance,or conditional undertaking shall be valid and binding upon the Company when(a)signed by the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President,any Second Vice President,the Treasurer,any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary;or(b)duly executed(under seal,if required)by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED,that the signature of each of the following officers:President,any Executive Vice President,any Senior Vice President,any Vice President, any Assistant Vice President,any Secretary,any Assistant Secretary,and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents,Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I,Kori M.Johanson,the undersigned,Assistant Secretary,of Farmington Casualty Company,Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters,Inc.,St:Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies,which is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed the seals of said Companies this 1st day of April ,20 11. Kori M.Johann Assistant Secretary' 1 t ASU ;.. ' i 6 01 IHT faj r+Z Jp�tY aNaS '.yy �Gy• Vi F? O�/,i,,, V' lir, rp NPOH4)1 r.. -C 4 9�' !Y•SI O j �� 0 ^ �i ... f:['1 aPORATfjnt c" FIARTOf1D < (f/41�RtFdRD,�'+ a 1 `'�1977 � lm i CONae 1886 z�r 1951 SEAL!o co s. \ 6 y, e� d 1•� .q . \4 '.." ,,fs.7,d S..: #ALLV Document G7071M - 1994 Consent of Surety to Final Payment PROJECT:(Name and address) ARCHITECT'S PROJECT NUMBER: OWNER❑ CONTRACT FOR: ARCHITECT❑ Parcel 7A, Regional Performaning Arts Ctr. Interior Rough Construction Package P4 June 20,2008 CONTRACTOR❑ TO OWNER: (Name and address) CONTRACT DATED SURETY ❑ City of Carmel One Civic Square OTHER ❑ Carmel, IN 46032 In accordance with the provisions of the Contract between the Owner and'the Contractor as indicated above,the (Insert name and address of Surety) Travelers Casualty and Surety Company of America 6081 E. 82nd Street, Suite 400 Indianapolis, IN 46250 Bond# 105128716 SURETY, on bond of (Insert name and address of Contractor) Poynter Sheet Metal, Inc. 8768 N. State Road 37 Bloomington, IN 47404 ,CONTRACTOR, hereby approves of the final payment to the Contractor,and agrees that final payment to the Contractor shall not relieve the Surety of any of its obligations to City of Carmel (Insert name and address of Owner) One Civic Square Carmel, IN 46032 ,OWNER, as set forth in said Surety's bond. April 1,2011 IN WITNESS WHEREOF,the Surety has hereunto set its hand on this date: (Insert in writing the month followed by the numeric date and year) TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA (Surety) (Signature of authorized representative) Sheri A Lowden,Attorney-In-Fact Attest: (Seal): (Printed name and title) 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 G707T"'—1994.Copyright©1970 and 1994 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 AIA®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. 102609 * ATA® Document G707 TM- 1994 Instructions Consent of Surety to Final Payment GENERAL INFORMATION Purpose This document is intended for use as a companion to AIA Document G706, Contractor's Affidavit of Payment of Debts and Claims,on construction projects where the Contractor is required to furnish a bond. By obtaining the Surety's approval of final payment to the Contractor and its agreement that final payment will not relieve the Surety of any of its obligations, the Owner may preserve its rights under the bond. Related Documents This document may be used with most of the AIA's Owner-Contractor agreements and general conditions, such as A201 and its related family of documents.As noted above,this is a companion document to AIA Document G706. Use of Current Documents Prior to using any AIA Contract Document,users should consult www.aia.org or a local AIA component to verify the most recent edition. Reproductions This document is a copyrighted work and may not be reproduced or excerpted from without the express written permission of the AIA. There is no implied permission to reproduce this document,nor does membership in The American Institute of Architects confer any further rights to reproduce this document. The AIA hereby grants the purchaser a limited license to reproduce a maximum of ten copies of a completed G707,but only for use in connection with a particular project. The AIA will not permit reproduction outside of the limited license for reproduction granted above,except upon written request and receipt of written permission from the AIA. Rights to reproduce the document may vary for users of AIA software. Licensed AIA software users should consult the End User License Agreement(EULA). To report copyright violations of AIA Contract Documents,e-mail The American Institute of Architects' legal counsel,copyright @aia.org. CHANGES FROM THE PREVIOUS EDITION Changes in the location of various items of information were made,without revision to the substance of the document. COMPLETING G707-1994 General • The bond form is the usual source of required information such as the contract date and the names and N addresses of the Surety,Owner,Contractor and Project. o Architect's Project No. aThis information is typically supplied by the Architect and entered on the form by the Contractor. o Contract For a) This refers to the scope of the contract, such as "General Construction"or"Mechanical Work." 0 . EXECUTING THE DOCUMENT • The G707 form requires both the Surety's seal and the signature of the Surety's authorized representative. 92 • 0 AIA Document G707TM—1994.Copyright©1970 and 1994 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 AIA®Document, a 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. L Purchasers are permitted to reproduce ten(10)copies of this document when completed.To report copyright ht violations of AIA Contract Documents,e- l— mail The American Institute of Architects'legal counsel,copyright @aia.org. d WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER POWER OF ATTORNEY • TRAVELERS J� Farmington Casualty Company St.Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company of America St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St.Paul Guardian Insurance Company I � R Attorney-In Fact No. 222912 Certificate No. 0039226 3 5 KNOW ALL MEN BY THESE PRESENTS:That St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company and St.Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota,that Farmington Casualty Company,Travelers Casualty and Surety Company,and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut,that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland,that Fidelity and Guaranty Insurance Company is a corporation duly organized under 99 the laws of the State of Iowa,and that Fidelity and Guaranty Insurance Underwriters,Inc..is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the"Companies"),and that the Companies do hereby make,constitute and appoint M. L. Daniel, Sheri A. Lowden, Keith Corder,and Stacy McClaine of the City of Indianapolis ,State of Indiana .their true and lawful Attorney(s)-in-Fact. each in their separate capacity if more than one is named above,to sign,execute,seal and acknowledge any and all bonds,recognizances,conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of,guaranteeing the fidelity of persons,guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted anyactions or-proceedings allowed by law. . 11th IN WITNESS WHEREOF.the Companies have caused this instrument to be signed_and their.corporate seals to be hereto affixed,this day of_ October 2010 Farmington Casualty Company . St.Paul Mercury Insurance Company Fidelity and Guaranty Insurance`Company ,. . Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company of America St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St.Paul Guardian Insurance Company : .co 1'l1•I/, S@c, Pr'Q `� N ...•N }J_no8988218.1 POR4'e t., 1:fc..nn F:i 1951 -- A L.o?r e�D v° :•i.N��./ o s r ,N AtN f#A1 State of Connecticut By: - City of Hartford ss. Georg Thompson.'enior ice President On this the 11th day of October 2010 before me personally appeared George W.Thompson, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company. Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters, Inc.,St.Paul Fire and Marine Insurance Company. St. Paul Guardian Insurance Company,St. Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company,and that he,as such,being authorized so to do. executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. (*TM TEr In Witness Whereof,I hereunto set my hand and official seal. `W w" e My Commission expires the 30th day of June,2011. * PtreaG *( Marie C.Tetreault,Notary Public { AS 58440-4-09 Printed in U.S.A. WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER leam ers This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company,Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters,Inc.,St. Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company,St. Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company,which resolutions are now in full force and effect,reading as follows: RESOLVED,that the Chairman,the President,any Vice Chairman,any Executive Vice President,any Senior Vice President,any Vice President,any Second Vice President,the Treasurer,any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds,recognizances,contracts of indemnity,and other writings obligatory in the nature of a bond,recognizance,or conditional undertaking,and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her;and it is FURTHER RESOLVED,that the Chairman,the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company,provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary;and it is FURTHER RESOLVED,that any bond,recognizance,contract of indemnity,or writing obligatory in the nature of a bond,recognizance,or conditional undertaking shall be valid and binding upon the Company when(a)signed by the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President,any Second Vice President,the Treasurer,any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary;or(b)duly executed(under seal,if required)by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED,that the signature of each of the following officers:President,any Executive Vice President,any Senior Vice President,any Vice President, any Assistant Vice President,any Secretary,any Assistant Secretary,and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents,Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I,Kori M.Johanson,the undersigned,Assistant Secretary,of Farmington Casualty Company,Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters,Inc.,St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United¢States Fidelity:and Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies,which;is in full force and effect and has not been revoked. 'yJ IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed the seals of said Companies this 1st day of April ,20 11. Kori M.Johans Assistant Secretary 1.1•!GIsu C�..I.. 9 9 ANp 1 i OM 4 CIXPOtAtED < RIEm W p N.Aq sL a„N u'N`H\.✓✓✓!\///� a 1977 5 fFORD, "1I 191 4 EAL;od 5.A °15....x..: sd! To verify the authenticity of this Power of Attorney,call 1-800-421-3880 or contact us at www.travelersbond.com.Please refer to the Attorney-In-Fact number,the above-named individuals and the details of the bond to which the power is attached. WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER