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W.R. DUNKIN & SONS, INC.- 206137- 3/28/2011
e 1►' ;I e e , .R TRUST SERVICES R AN AFFILIATE'Of MERCANTILE'BANGOR?:INC. Y E,.. .. , .. , ,.. :, , . ..., 7ass;'� �. Ntl�� / 2 0 6.13 7 Date 03/28/11 " 73913600 , : r Q. CRC/W R:Dunkin Performing•Arts#5010‘ ' . ,. 4 #N .t 1 a` f4- tPay .=forty;Nine T,houusand Nine Hundred Forty Eight boHars' &0011bd ;4x;l r - 2 .�.F yt�. �Y .To the „ W R Dunkin &Sons :inc x � .{ k I $49,94 ,5{> :.Order.. Attn Crajg Dunkin z. "' �. r AF .- 8 : *AIA TM Document 6732 - 2009 Application and Certificate for Payment, Construction Manager as Adviser Edition TO OWNER: Carmel Redevelopment PROJECT: Parcel 7A,#5010 CPA APPLICATION NO:024 —�cw� DISTRIBUTION TO: Comm. 777 3rd Ave S.W. OWNER One Civic Square Carmel,IN 46032 PERIOD TO:February 11,2011 CONSTRUCTION MANAGER Carmel,IN 46032 ARCHITECT FROM W.R.Dunkin&Son,Inc. VIA CONSTRUCTION Shiel Sexton Co.,Inc. CONTRACT DATE:February 23,2009 CONTRACTOR CONTRACTOR: PO Box 2247 MANAGER: PROJECT NOS:25310H/2695/5010/2695 FIELD Anderson,IN 46018 CONTRACT FOR: Bid Package#5010-Gen VIA ARCHITECT: CSO Architects OTHER Trades CONTRACTOR'S APPLICATION FOR PAYMENT The undersigned Contractor certifies that to the best of the Contractor's knowledge,information and belief the Work covered by this Application for P ent has been completed in accordance with the Application is made for payment,as shown below,in connection with the Contract. Contract Documents,that all amounts ha : ..eArid b' - o tractor for Work for which previous AIA Document G703TM,Continuation Sheet,is attached. Certificates for Payment we issue. and ..• ne receiv-. from the Owner, and that current 1.ORIGINAL CONTRACT SUM $ •1,480,000.00 paym t. in is 1'"due. 2.NET CHANGES IN THE WORK $ -81,040.00 C• . -7' r -: W R .4 unk & -in. In 3.CONTRACT SUM TO DATE(Line 1±2) $ 1,398,960.00 B ��.��.. ` i Date: February 11,2011 4.TOTAL COMPLETED AND STORED TO DATE(Column G on G703) $ 1,338,055.00 St. e o :Indiana --...• 5.RETAINAGE: County of:Madison a. 5 %of Completed Work Subscribed and swr n to before (Column D+Eon G703) $ 20,000.00 me this 1 1 th day of February 2011 / �/- b. 0 %of Stored Material Notary Public:Martha A.Carpenter ,././ �GEC_.- 1,-7 C:2.4 %/7,77-'e- (Column F on G703) $ 0.00 My Commission expires:January 08,2017 7 Total Retainage(Lines 5a+5b, or Total in Column Ion G703) $ 20,000.00 CERTIFICATE FOR PAYMENT 6.TOTAL EARNED LESS RETAINAGE $ 1,318,055.00 In accordance with the Contract Documents, based on evaluations of the Work and the data (Line 4 minus Line 5 Total) comprising this application,the Construction Manager and Architect certify to the Owner that to the 7.LESS PREVIOUS CERTIFICATES FOR PAYMENT $ 1,268,107.00 best of their knowledge, information and belief the Work has progressed as indicated,the quality of (Line 6 from prior Certificate) the Work is in accordance with the Contract Documents,and the Contractor is entitled to payment of the AMOUNT CERTIFIED. 8.CURRENT PAYMENT DUE $ 49,948.00 AMOUNT CERTIFIED $ 49,948.00 9.BALANCE TO FINISH,INCLUDING RETAINAGE (Attach explanation if amount certified differs from t :amount applied.Initial all figures on this Application and w Continuation sal .et that ar anged to conform with the amount certified.) (Line 3 minus Line 6) $ 80,905.00 CON TRUCTION A�': .. _.- 9 X11 By: tf:. ►_._•/..L`k — Date: SUMMARY OF CHANGES IN THE WORK ADDITIONS DEDUCTIONS ARC.,'0nw '(�I: —4ultiple Prime Contractors are responsible,forperform Ling p Lions of the Pro c j!:v i .a t s Certification is not required) �y�, Total changes approved in previous months by Owner $ 0.00$ 81,040.00 By. - Date: 22'L t` Total approved this month including Construction Change Directives $ 0.00 $ 0.00 This Certificate is not negotiable. The AMOUNT CERTIFIED is payable only to the Contractor TOTALS $ 0.00 $ 81,040.00 named herein. Issuance, payment and acceptance of payment are without prejudice to any rights of the Owner or Contractor under this Contract. NET CHANGES IN THE WORK $ -81,040.00 AIA Document G732TM-2009(formerly G702T'CMa-1992).Copyright 1992 and 2009 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 1 to the maximum extent possible under the law.This document was produced by AIA software at 11:53:58 on 02/11/2011 under Order No.0168420739_1 which expires on 05/10/2011,and is not for resale. User Notes: (825260600) V/4 s Document 6703 - 1992 Continuation Sheet AIA Document, G702TM-1992,Application and Certification for Payment,or G736TM-2009, APPLICATION NO: 024 Project Application and Project Certificate for Payment,Construction Manager as Adviser Edition, APPLICATION DATE:02/11/2011 containing Contractor's signed certification is attached. In tabulations below, amounts are in US dollars. PERIOD TO:02/11/2011 Use Column Ion Contracts where variable retainage for line items may apply. ARCHITECT'S PROJECT NO:25310H _ A B C D E F G H I WORK COMPLETED TOTAL MATERIALS COMPLETED BALANCE TO RETAINAGE ITEM DESCRIPTION OF SCHEDULED FROM PRESENTLY AND STORED TO % FINISH (IF VARIABLE NO. WORK VALUE PREVIOUS THIS PERIOD STORED DATE (C'-C) (C-G) RATE) APPLICATION (NOT IN D ORE) (D+E) (D+E+F) 01010 Performance Bond 26,400.00 26,400.00 0.00 0.00 26,400.00 100.00% 0.00 0.00 Mobilize/ 01015 Demobilize 8,000.00 8,000.00 0.00 0.00 8,000.00 100.00% 0.00 0.00 Supervision/ 01020 Coordination 87,000.00 87,000.00 0.00 0.00 87,000.00 100.00% 0.00 0.00 General Conditions- 01025 M 30,000.00 30,000.00 0.00 0.00 30,000.00 100.00% 0.00 0.00 General Conditions- 01026 L 34,000.00 34,000.00 0.00 0.00 34,000.00 100.00% 0.00 0.00 1400A Organ Facade Pipes 200,000.00 200,000.00 0.00 0.00 200,000.00 100.00% 0.00 0.00 Carpentry Labor _1400B Hours 32,000.00 32,000.00 0.00 0.00 32,000.00 100.00% 0.00 0.00 Provide Tie-Off 1400C Points at Balconies 25,000.00 7,000.00 0.00 0.00 7,000.00 28.00% 18,000.00 0.00 Vertical Partition System&Backfold 1400D Doors 15,000.00 15,000.00 0.00 0.00 15,000.00 100.00% 0.00 0.00 16'X16' Temporary 1400E Overhead Door 6,000.00 6,000.00 0.00 0.00 6,000.00 100.00% 0.00 0.00 Temporary OHD Enclosure and 1400F Insulation 10,000.00 1,644.00 0.00 0.00 1,644.00 16.44% 8,356.00 164.40 1000 SY of BX 1200 1400G Tensar Geogrid 17,000.00 4,117.00 0.00 0.00 4,117.00 24.22% 12,883.00 411.70 1400H 350 CY of#2 Stone 18,200.00 5,718.00 0.00 0.00 5,718.00 31.42% 12,482.00 571.80 AIA Document G703T"-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 AlA® Document,or any portion of it,may result in severe civil and criminal penalties,and will be 1 prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 11:55:32 on 02/11/2011 under Order No.0168420739_1 which expires on 05/10/2011,and is not for resale. User Notes: (1147880788) A B C D E F G H I WORK COMPLETED TOTAL MATERIALS COMPLETED BALANCE TO RETAINAGE ITEM DESCRIPTION OF SCHEDULED FROM PRESENTLY NO. WORK VALUE PREVIOUS STORED AND STORED TO (G_C) FINISH (IF VARIABLE APPLICATION THIS PERIOD DATE (C-G) RATE) (D+E) (NOT IN D OR E} (D+E+F) 1400J 200 CY of#53 Stone 10,000.00 1,746.00 0.00 0.00 1,746.00 17.46% 8,254.00 174.60 1400K General Allowance 75,000.00 74,070.00 0.00 0.00 74,070.00 98.76% 930.00 5,000.00 CAD As-Built 1400L Allowance 5,000.00 5,000.00 0.00 0.00 5,000.00 100.00% 0.00 0.00 General Clean Up- 01560 M 4,000.00 4,000.00 0.00 0.00 4,000.00 100.00% 0.00 0.00 01561 General Clean Up-L 25,000.00 25,000.00 0.00 0.00 25,000,00 100.00% 0.00 0.00 Final Cleaning(Items 01562 in BP 5010 10,000.00 10,000.00 0.00 0.00 10,000,00 100.00% 0.00 0.00 Dewatering for 9 02110 Months-M-Eq 18,500.00 18,500.00 0.00 0.00 18,500.00 100.00% 0.00 0.00 Dewatering for 9 02111 Months-L-Eq 28,000.00 28,000.00 0.00 0.00 28,000.00 100.00% 0.00 0.00 Piping from Tri-Plex 02240 to Lift Station 21,000.00 21,000.00 0.00 0.00 21,000.00 100.00% 0.00 0.00 Interior Metal Fabrications- 05504 Submittals 6,200.00 6,200.00 0.00 0.00 6,200.00 100.00% 0.00 0.00 Interior Metal Fabrications- 05505 Materials 86,500.00 86,500.00 0.00 0.00 86,500.00 100.00% 0.00 0.00 Interior Metal 05506 Fabrications-Erection 24,000.00 24,000.00 0.00 0.00 24,000.00 100.00% 0.00 0.00 Miscellaneous Metals 05511 -M 5,640.00 5,640.00 0.00 0.00 5,640.00 100.00% 0.00 0.00 Miscellaneous Metals 05512 -L 2,500.00 2,500.00 0.00 0.00 2,500.00 100.00% 0.00 0.00 Interior Rough 06100 Carpentry-M 28,000.00 28,000.00 0.00 0.00 28,000.00 100.00% 0.00 2,288.00 Interior Rough 06101 Carpentry-L 36,500.00 36,500.00 0.00 0.00 36,500.00 100.00% 0.00 3,199.50 07810 Skylight Shade-M 62,000.00 62,000.00 0.00 0.00 62,000.00 100.00% 0.00 6,200.00 AIA Document G703T"-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 AlA® Document,or any portion of it,may result in severe civil and criminal penalties,and will be 2 prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 11:55:32 on 02/11/2011 under Order No.0168420739_1 which expires on 05/10/2011,and is not for resale. User Notes: (1147880788) A B C D E F G H I WORK COMPLETED TOTAL MATERIALS COMPLETED BALANCE TO RETAINAGE ITEM DESCRIPTION OF SCHEDULED FROM PRESENTLY NO. WORK VALUE PREVIOUS THIS PERIOD STORED AND STORED TO (G_C) FINISH (IF VARIABLE APPLICATION (NOT IN D OR E) DATE (C-G) RATE) (D+E) (D+E+F) Skylight Shade- 0781 1 Installation 29,500.00 29,500.00 0.00 0.00' 29,500.00 100.00% 0.00 2,950.00 07910 Joint Sealants-M 48,000.00 48,000.00 0.00 0.00 48,000.00 100.00% 0.00 760.00 07911 Joint Sealants-L 24,500.00 24,500.00 0.00 0.00 24,500.00 100.00% 0.00 420.00 08810 Interior Glazing 42,000.00 42,000.00 0.00 0.00 42,000.00 100.00% 0.00 84.00 09610 Access Flooring 19,500.00 19,500.00 0.00 0.00 19,500.00 100.00% 0.00 0.00 09710 FRP Wall Panels-M 1,000.00 1,000.00 0.00 0.00 1,000.00 100.00% 0.00 0.00 09711 FRP Wall Panels-L 2,000.00 2,000.00 0.00 0.00 2,000.00 100.00% 0.00 0.00 Acoustic Fabric 09712 Wrapped Panels 42,500.00 42,500.00 0.00 0.00 42,500.00 100.00% 0.00 1,000.00 10210 Toilet Compartments 44,000.00 44,000.00 0.00 0.00 44,000.00 100.00% 0.00 0.00 Backfold Door 10220 Tracks-M 5,000.00 5,000.00 0.00 0.00 5,000.00 100.00% 0.00 500.00 Backfold Door 10221 Tracks-L 4,560.00 4,560.00 0.00 0.00 4,560.00 100.00% 0.00 456.00 10222 Operable Partition 21,000.00 21,000.00 0.00 0.00 21,000.00 100.00% 0.00 320.00 10223 Wire Mesh Partitions 9,500.00 9,500.00 0.00 0.00 9,500.00 100.00% 0.00 0.00 Toilet Accessories- 10224 M 34,000.00 34,000.00 0.00 0.00 34,000.00 100.00% 0.00 3,400.00 Toilet Accessories- 10225 L 28,000.00 28,000.00 0.00 0.00 28,000.00 100.00% 0.00 100.00 10510 Metal Lockers 16,500.00 16,500.00 0.00 0.00 16,500.00 100.00% 0.00 0.00 10520 Phenolic Lockers-M 110,000.00 110,000.00 0.00 0.00 110,000.00 100.00% 0.00 0.00 10521 Phenolic Lockers- L 29,000.00 29,000.00 0.00 0.00 29,000.00 100.00% 0.00 0.00 10610 Corner Guards-M 9,500.00 9,500.00 0.00 0.00 9,500.00 100.00% 0.00 0.00 10611 Corner Guards-L 3,500.00 3,500.00 0.00 0.00 3,500.00 100.00% 0.00 0.00 17001 Changr Order No.01 -81,040.00 -81,040.00 0.00 0.00 -81,040.00 100.00% 0.00 -8,000.00 GRAND TOTAL $1,398,960.00 $1,338,055.00 $0.00 $0.00 $1,338,055.00 95.65% $60,905.00 $20,000.00 AIA Document G703TM-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 AlA® Document,or any portion of it,may result in severe civil and criminal penalties,and will be 3 prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 11:55:32 on 02/11/2011 under Order No.0168420739_1 which expires on 05/10/2011,and is not for resale. User Notes: (1147880788) CONSENT OF SURETY TO REDUCTION IN A CHITECT o OR PARTIAL RELEASE OF RETAINAGE CORNTRACTOR 0 AIA DOCUMENT G707A OTHER PRF7606866 00 PROJECT: Carmel Regional Performing Arts Center-Interior Finish Package P5 (name, address) 777 3rd Ave. S.W. , Carmel, IN TO (Owner) ARCHITECT'S PROJECT NO: 25310H Carmel Redevopment Commission CONTRACT FOR: General Trades Bid One Civic Square Package for P5. Carmel, IN 46032 CONTRACT DATE: February 23, 2009 CONTRACTOR: 17.R. Dunkin & Son, Inc. 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 Company) FIDELITY AND DEPOSIT COMPANY OF MARYLAND ,SURETY COMPANY, 9229 Delegates Row, Suite 300 Indianapolis, IN 46240 on bond of (here insert name and address of Contractor) W.R. Dunkin & Son, Inc. 2911 Enterprise Drive , CONTRACTOR, Anderson, IN 46018 hereby approves the reduction in or partial release of retainage to the Contractor as follows: Reduce Retainage to Leave Balance at $20,000.00 The Surety aggress that such reduction in or partial release of retainage to the Contractor shall not relieve the Surety of any of its obligations to (here insert name and address of Owner) Carmel Redevelopment Commission One Civic Square Carmel, IN 46032 , OWNER, as set forth in the said Surety Company's bond. IN WITNESS WHEREOF, the Surety Company has hereunto set its hand this 3rd day of February, 2011. FIDELITY AND DEPOSIT COMPANY OF MARYLAND Surety Company BY: Attest: Signature o Au orized R esen a 've (Seal). _ Carol J. Hudson, Attorney-In-Fact Title Attorney-In-Fact AIA DOCUMENT G707A • CONSENT OF SURETY COMPANY REDUCTION IN OR PARTIAL RELEASE OF RETAINAGE • 1994 EDITION • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., NW, WASHINGTON, D.C. 20006-5292 Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by THEODORE G. MARTINEZ, Vice President, and GREGORY E. MURRAY, Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By-Law .kid Company, which are set forth on the reverse side hereof and are hereby certified to be in full force and eff•.t f:� .1:ts '-reof,does hereby nominate,constitute and appoint Paula SOLLARS and Carol J. HUD S! o i1 i . rso eana, EACH its true and lawful agent and Attorney-in-Fact,to make, execute, seal . r2 Tjt: ss: of ,a•�t. y,and as its act and deed: any and all bonds and undertakings,and t 44,01: l`°'."h b.•u.►,:��y•+–� y,.iI�ris in pursuance of these presents,shall be as binding upon said Co.,,.. y • a •.l' . : A1,1 and purposes,as if they had been duly executed and acknowledged b • z(am, cted . � r. �:' pany at its office in Baltimore, Md., in their own proper persons. Th' '��1�7:0 a a re �+ s �,e . .ehalf of Tim PATISHALL, Paula SOLLARS, Carol J. HUDSON,dated Feb'*- _,20 \\ The said Assistant .472.Metes el`eby certify that the extract set forth on the reverse side hereof is a true copy of Article VI, Section 2,of the By-L s:'said Company,and is now in force. IN WITNESS WHEREOF, the said Vice-President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 18th day of November, A.D.2009. ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND 4%' t T � .e—X <. �ltiv� (� ti..ni�"9 IL 'GCP 7^7' 6'Z(tl�E6,4if/ By: Gregory E. Murray Assistant Secretary Theodore G. Martinez State of Maryland } ss. City of Baltimore On this 18th day of November, A.D. 2009, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came THEODORE G. MARTINEZ, Vice President, and GREGORY E. MURRAY, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith,that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. IlG1 '.6y • Maria D. Adamski Notary Public My Commission Expires: July 8,2011 POA-F 044-2077 EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice-President, or any of the Senior Vice-Presidents or Vice-Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice-Presidents, Assistant Vice-Presidents and Attorneys-in-Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,...and to affix the seal of the Company thereto." CERTIFICATE 1,the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that the Vice-President who executed the said Power of Attorney was one of the additional Vice-Presidents specially authorized by the Board of Directors to appoint any Attorney-in-Fact as provided in Article VI, Section 2, of the By-Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice-President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company, this 31/44 day of , 01.0 r' . ic Assistant Secretary