249975 09/24/15 y.ti��f� CITY OF CARMEL, INDIANA VENDOR: 367514
d t`I ONE CIVIC SQUARE JBM CONTRACTORS CORP CHECK AMOUNT: $***332,843.00*
f. �a CARMEL, INDIANA 46032 5299 W OLD 106TH ST CHECK NUMBER: 249975
'M,�_ �/. ZIONSVILLE IN 46077 CHECK DATE: 09/24/15
f T0l1�
DEPARTMENT ACCOUNT . PO NUMBER INVOICE NUMBER AMOUNT DESCRIPTION
902 4460807 32956 1 332,843.00 PALLADIUM LANDSCAPING
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AIADocument G732 -2009
Application and Ceri f"icate for Payment,Construction Manager as Adviser Edition
TO(OWNER): City of Carmel Redevelopment Commission PROJECT:The Palladium at the Center for the Performing Arts ADPL NO.: 1 DLSTRIBUTIONTO:
30 West Main Street;,Suite 220 � Landscape Package � OWNER
Carmel,IN 46092 PERIOD70: 8/31/2015CONSTRUCTION MANAGER
CDNTRALTDATE: ARCHITECT
FROM(CONTRACTOR): 1BM Contractors Corp VIA(CONSTRUCTION MANAGER):Shlel Sextan PROJECTNO.S, CONTRACTOR
5299 W.Old 106th Street 902 North Capitol Avenue - FIELD
71onsvill%IN 46077 Indlanspolis,IN 46204t OTHER
CONTItACT FOR: Landscape Package VIA(ARCHITECT);C50 Architects !
CONTRACTOR'S APPLICATION FOR PAYMENT The undersigned Contractor certifies that tothe best ofthe Contractor's knowledge.Information
Application Is made for Payment,as shown below,in connection with the Contract and belief the Work covered by this Application for Payment has been completed N accordance
Continuation Sheet,AIA Document G703,Is attached with the Contract Documents,that all am have been paid by the Contractor for Work which
previous Certifications for paym 0c
elved from the Owner,and that
1.ORiGINALCONTRACTSUM....„....„_««___....« $ 1,243,000 currentpypn s own h no e.
2.NET CHANGES IN THE WORK__. ._.___._««««,„...«.„_._..._.„............. S 0 cOrento OR: G
3.CONTRACT SUM TO DATE[UTIs $ 1,243,000 BY: _ DATE:
4.TOTAL COMPLETED&STOREDTODATE»._�»«...„«....,,_«„.«.«„«...... $ 369,825
(Column G on 6703) State of Indiana
County of. BooneS� MIC EL JOHN STUERENBERG
S.RETAINAGE: Subscribed and sworn to before J L
a. 10.0% ofCompleted Work me this ( dayo AA T
(Dolumn D+Eon G703) S 36.993
b. 10.0% ofstored MaterialNotary ,�� Notary Pubic,State of ntilana
(Column Fon 6703) $ D mmuLssklonex ire:; -Zp ZO M Commission Expires Feb.22,2020
Total Retainage(Llne5a+SborTotalInColumn lofG703).___.„„._.__._..__. $ 36,983 CERTIFICATE FOR PAYMENT
In accordance with the Contract Documents,based an on-site observations and the date comprising
6.TOTAL EARNED LESS RETAINAGE......_.._....«.»,..,.«„,,...................«.„..... S 332,843 this application,the Construction Manager and Architect certify to the Owner that to the best of their
(Une4less UneS Total) knowledge,information and belief the Work has progressed as indicated,the quality of the Work Is In
accordance with the Contract Documents,and the Contractor Is entitled to payment of the AMOUNT
7.LESS PREVIOUS CERTIFICATES FOR PAYMENT«„.«.._._.............................. $ 0 CERTIFIED.
(tine 61rom prior Certificate)
S.CURRENT PAYMENT DUE....«..«.«««.._._...__..._.«..«». ._._....»„ $ 332,843 AMOUNT CERTIFIED...................„„„___..__._.....»....«...«...____.._......«.. $ 332,843
(Attach explanation 11 amount certlfled dlfers fmm the amount applied for.Initial I
9.BALANCE TOFINISH,INCLUDING RETAINAGE a0figureranthIsApplIcatlonandontheContinuationSheetthotarechangedto
conform to the amount cert(ped.)
(Line 3 less Line 6) $ 910,356 r
CONSTRUCTION MANAGER: Shlei sexton
By: Date:
CHANGE ORDER SUMMARY ADDITIONS DEDUCTIONS
Total charges approved In ARCHITECT: CSO Architects
previous months by owner $ $
Total approved this month $ 0.001 S By: •Date'
TOTALS $ 0.aol $ 0.00
NET CHANGES by Change Order $ 0.00 This Certificate is not negatiable.The AMOUNT CERTIFIED is payable only to the 6ntractor named
herein.Issuance,payment and acceptance of paymentare without prejudice to any rights f the Owner
or Contractor under the Contract
AIA DOCUMENT 6732-20D9(formerly G702 Cma-1992)APPLICATION AND CERTIFICATE FOR PAYMENT•CONSTRUCTON MANAGER-ADVISER EDITION
1992 EDITION•1992•AIA 1992 THE AMERICAN INSTITUTE OF ARCHrTECTs,1735 NEW YORK AVENUE,N.W.,WASHINGTON,
D.C.2006-5292 '
1
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Page 2 of 2
CONTINUATION SHEET AIA DOCUMENT G703
AIA Document G702,APPLICATION AND CERTIFICATE FOR PAYMENT,containing APPLICATION NO.: 1
Contractor's signed Certification Is attached. APPLICATION DATE: 8/31/15
In tabulations below,amounts arestated to the nearest dollar. PERIOD T0: 8/31/15
Use Column I on Contracts where variable retainage for line items may apply. PROJECT NOS: 0
A B C D E F G H I
SCHEDULED WORK MATERIALS TOTAL
VALUE COMPLETED PRESENTLY COMPLETED
FROM PREVIOUS STORED ANDSTORED BALANCE
ITEM DESCRIPTION OF ESTIMATED APPLICATION (NOT IN TO DATE % TO FINISH 10.0•/
NO: WORK COST (D+E) THIS PERIOD D OR E) (D+E+F) (G:C)! (C-G) RETAINAGE
1 Supervision $ 42,000 0 10,500 0 10,500 25% 31,500 1,050
2 Bonds $ 18,100 0 18,100 0 18,100 100%; 0 1,810
3 Contingency Allowance $ 50,000 0 0 0 0 0% ; 50,000 0
4 Mobilization $ 1,000 0 11000 0 1,000 100w 0 Lou
5 Demobilization $ 1,000 0 0 0 0 0% ' 1,000 0
6 Insurance/Hazcom/Safety $ 2,500 0 2,500 0 2,500 100%; 0 250
7 Submittals $ 7,500 0 3,750 0 3,750 50% 3,750 375
8 Field Engineering $ 10,000 0 10,000 0 10,000 100%! 0 1,000
9 Closeout $ 5,000 0 0 0 0 0% 51000 0
10 Misc.General Conditions $ 30,900 0 7,725 0 7,725 25%1 23,175 773
11 Temporary Walk Protection $ 28,000 D 20,000 0 20,000 71%i 8,000 2,000
12 Temporary Fence $ 10,0W 0 10,000 0 10 000 100% 0 1,000
I 'A s _ _ -. e . . _ E� . � -. �.xREVIEW,N R'
.,.t...as.. ..:Nr�,.m...,t
14 Strip Sod $ 15,000 0 0 0 0 0% 15,000 0
15 Subsurface Drains $ 25,000 0 0 0 0 0% i 25,000 0
16 Concrete Foundations $ 165,000 0 123,750 0 123,750 75% 41,250 12,375
17 Masonry $ 305,000 0 10,000 0 10,000 3% 295,000 1,000
18 Metal Fabrications $ 15,000 0 0 D 0 0% 15,000 0
19 Cast Iron Ums $ 160,000 0 80,000 0 80,000 50% 80,000 81000
20 Waterproofing $ 30,000 0 0 0 0 0% 30,000 0
21 Joint Sealants $ 12,000 0 0 0 0 0% 12,000 0
22 Plant Plumbing System $ 50,000 0 37,500 0 37,500 75%� 12,500 3,750
23 Electrical $ 120,000 0 30,000 0 30,000 25%: 90,000 3,000
24 Irrigation $ 40,000 0 5,000 0 5,000 13%' 35,000 500
2S Landscaping $ 100,000 0 0 0 0 0%; 100,000 0
26 0 0 0 0 #DIV/61 0 0
27 0 0 0 0 #DIV/01 0 0
28 0 0 0 0 #DIV/01 0 0
29 0 0 0 0 #DIV/01 0 0
30 0 0 0 0 #DIV/01 0 0
31 0 0 0 0 #DIV/Oi 0 0
32 0 0 0 0 #DIV/01 0 0
33 0 0 0 0 #DIV/Ol 0 0
34 0 0 0 0 #DIV/UI 0 0
35 1
1,243,0001 01 369,8251 0 369,825 29.8% 873,175 36,983
AIA DOCUMENT G702 APPLICATION AND CERTIFICATE FOR PAYMENT 1992 EDITION AIA 1992 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK
AVENUE,N.W.,WASHINGTON,D.C.20006-5292
G703-1992
I
AIA DOCUMENT 6703 APPLICATION AND CERTIFICATE FOR PAYMENT 1992 EDITION AIA 1992 I
THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE,N.W.,WASHINGTON,D.C. 2006-5292 1 6703-1992
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'11111ti)BM
-0MWCT-3RS CUP.
PARTIAL CONDITIONAL WAIVER OF LIEN
WHEREAS, JBM Contractors Corp has pursuant to an agreement with City of Carmel
Redevelopment Commission furnished certain materials,equipment,services,and/or labor for the project known as
The Palladium at the Center for the Performing Arts—Landscape Packagge located at One
Center Green,Carmel,IN'46032 ;
WHEREAS,the undersigned is duly authorized to execute this Partial Conditional Waiver of Lien for and
on behalf of the subcontractor/supplier;
NOW,THEREFORE, JBM Contractors Core upon receipt of the sum of S 332,483 waives
and releases any and all liens or rights of liens, bond claims or statutory rights against the Tenant, Contractor,
Subcontractor,any and all Owners of any title or interest in the real estate upon which the Project is situated(Owner),
the Project and the improvements located thereon or any right against any labor and/or material payment bond it has
or may have on account of any and all materials,equipment,services,and/or labor furnished for or.in.connection with
the Project through the date of 8/31/2015 ,represents and warrants to Tenant, Contractor, Subcontractor
and Owner that no other person or party has any right to alien or claim on account of any materials, equipment,
services, and/or labor fiunished on or before the Current Date by, to or through the Contractor, and agrees to
indemnify,defend,and hold the Tenant,Contractor,Subcontractor and Owner harmless from and against any and all
liabilities,losses,costs,expenses,including attorney fees,by reason of claims or liens for any materials,equipment,
services,and/or labor furnished for or in connection with the Project prior to the Current Date by,through or to the
Contractor including but not limited to claims or liens by the Contractor's subcontractors,whatever tier,suppliers,or
equipment lessors.
JBM Contractors Corp acknowledges that this Partial Conditional Waiver of Lien is given to
induce the payment recited above, and that upon receipt of the Current Payment by the Contractor, this Partial
Conditional Waiver of Lien becomes valid,enforceable and of full effect,and may be recorded.
JBM Contractors Co
Name of Subc t
Authorized Representative
Senior Project Manager/Esthnator
Title
08/31/2015
Date
STATE OF Indiana )
COUNTY OF Boone )
Before me,a Notary Public in and for said County and State,personally appeared Keith Cochrun who
acknowledged the execution of the foregoing Partial Conditional Waiver ofLien,and who,having been sworn,stated
that the requirements therein contained are true.
Witness my hand and Notarial Seal this �l day of ,20-
My Commission E
ichael Stuerenber
otary Public ENotary
HN STUERENSER�
SEAL
lic,State of Indliana Expires Feb,9P,2-090
Johnson, Sandy M
From: Haney, Douglas C
Sent: Thursday, September 24, 2015 10:15 AM
To: Johnson, Sandy M; Brainard,James C
Cc: Sheeks, Cindy L; Cordray, Diana L
Subject: RE:
It remains my legal opinion, as Carmel City Attorney,that the claim you reference, and any CRC claim that does not
relate to a claim for professional services, does not need Common Council approval before it is processed for payment.
Douglas Haney
Carmel City Attorney
-----Original Message=----
From:Johnson,Sandy M
Sent:Wednesday,September 23, 2015 6:19 PM
To: Haney, Douglas C; Brainard,James C
Cc: Sheeks,Cindy L; Cordray, Diana L
Subject:
I was told that you have a problem with me requesting a CRC contract for over$1m to be approved by Council. First I
did not refuse to pay a claim, I requested to get approval before the claim is processed. Second, I did not know that"Yes
it is"was a legal opinion,which is the only response I received from Doug in an email forwarded from Ms Meyer. If you
will provide a written legal opinion to place with the claim and with the contract,then we can process the claim. I am
not sure why Ms. Meyers procedure of getting approval changed on bid contracts over$50,000 has changed, but if Doug
provides the opinion,we can go forward.
Thank you.
Sandy Johnson
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Prescribed by State Board of Accounts ACCOUNTS PAYABLE VOUCHER City Form No.201(Rev.1995)
CITY OF CARMEL
An invoice or bill to be properly itemized must show: kind of service, where performed, dates service rendered, by
whom, rates per day, number of hours, rate per hour, number of units, price per unit, etc.
Payee
! 1 (0� $��pr5 �DI �► Purchase Order No.
Terms
Z o oyOl@ l- " t QTZ Date Due
Invoice Invoice Description Amount
Date Number (or note attached invoice(s) or bill(s))
-IS I r ro'
332,343
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Total '332-341
1 hereby certify that the attached invoice(s), or bill(s), is (are) true and correct and I have audited same in accor-
dance with IC 5-11-10-1.6.
, 20
Clerk-Treasurer
VOUCHER NO. WARRANT NO.
ALLOWED 20
-I l04wbrs (0Q IN SUM OF $
5freCi
z ions�)Ile , j f/ q(077
$ 332 .AT"
ON ACCOUNT OF APPROPRIATION FOR
cash q4Z/ 0807
Board Members
PO#or INVOICE NO. ACCT#/TITLE AMOUNT
DEPT.# hereby certify that the attached invoice(s),
32-15 k 0 33 43°6 or bill(s) is (are)true and correct and that .
the materials or services itemized thereon
for which charge is made were ordered and
received except
2015
Si at r
Cost distribution ledger classification if Title
claim paid motor vehicle highway fund