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Home My WebLink AboutBybee Stone - $108,982 The National Bank of Indianapolis hereby is instructed to make a disbursement of Loan Proceeds hom the Borrower Loan Account to(or for the account of) Borrower in: (a) the amount of the "Total Authorized Disbursement" line in the °Am:ount Of Authorized Disbursement" column below; and (b)-accordance with the terms and conditions of the Agnoament, the Other Loan Documonts, and the Disbursement Instructions. Purpose of Authorized Disbursement Amount*« Authorized Disbursement Amount to be paid by the Cannel Theater Development Company per Equipment and Improvements/nma|oneorPurcnaaeovnuau: Limestone(Bybee Stone> s1oo.ouuuo Total Authorized Disbursement tl8iiiiiiukror,' , :.=-..;.-:', ,::.„-„: � AJ( hen9mumedintheseDiobursemantinsirucUonmwiUhout definition shall hve the meanings ascribed thereto in'that certain Loan Agreement(Equipment and Improvernents); dated February 23. 2810. byand between The al Bank of|ndionapoUaand Carmel Theater Development Conpony. LLC. Dated: $/0 ' o CITY OF CAlNEL REDEVELOPMENT UJPkENT CDMKd|3S|DN By:Z201(------- Les S.Olds Printed: Executive Director Draft Limestone Cladding (Bybee Stone) Up Through December 2009 Total Contract Amounts through application 19 Completed and Stored to date $ 3,131,018.00 Retention held $ 164,178.80 Paid to date $ 2,966,839.20 Amount reimbursed to CRC $ 2,966,839.20 January 2010 Total Contract Amount for application 20 Completed and Stored $ 108,982.00 Retention held $ - To be paid $ 108,982.00 Amount to be paid by Carmel Theater Development Company $ 108,982.00 �i��1�jr m ,fah ` TM Vii::° Document G7O2IC a 1992 Application and Certificate for Payment Construction Manager-Adviser Edition TO OWNER: PROJECT: APPLICATION NO: 2 0 Distribution to: City of Carmel Performing Arts Ctr 1/31/2010 • Cannel DU PERIOD TO: One Civic Square OWNER ❑ Carmel IN 46032 CONSTRUCTION MANAGER ❑ FROM CONTRACTOR: VIA CONSTRUCTION MANAGER: CONTRACT DATE: 11/30/2007 ARCHITECT ❑ Bybee Stone Co Inc Shiel Sexton 6293 N Matthews Dr PROJECT NOS:2695-2025 CONTRACTOR ❑ Ellettsville IN 47429 VIA ARCHITECT: FIELD ❑ CSO Architects Inc CONTRACT FOR: Performing Art ❑ 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 payment,as 0703,is attached. Contract Documents,that all amounts have been paid by the Contractor for Work for which previous 1.ORIGINAL CONTRACT SUM $ 2,850, 000' Certificates for Payment were issued and payments received from the Owner, and that current payment shown herein is now due. 2.Net change by Change Orders $ 415 ,00 0 CONTRACTOR: 3.CONTRACT SUM TO DATE(Line 1 f 2) $ 3 , 265 ,000 By: j ,_Alt.,_. - — Date: 1/19/10 4.TOTAL COMPLETED 8.STORED TO DATE(Column G on G703) $ 3, 240,000 State of: Indian. 5.RETAINAGE: County of:Owe n a. 1 0%of Completed Work 16 4 178 . 80 Subscribed and s i to before (Column D+Eon G703) $ ' me this 19 flay of Ja 12• , if b. %of Stored Material Notary Publ f ' (Column F on G703) 5 My Commis ion expires: 8 11 A Total Retainage(Lines 5a+5b or Total in Column I of G703).. $ 164 , 178. 80 CERTIFICATE FOR PAYMENT 6.TOTAL EARNED LESS RETAINAGE $ 3 ,075,821 . 20 In accordance with the Contract Documents,based on on-site observations and the data comprising this •application ,the Construction Manager and Architect certify to the Owner that to the best of their (Line 4 Less Line 5 Total) knowledge,information and belief the Work has progressed as indicated,the quality of the Work is in 7.LESS PREVIOUS CERTIFICATES FOR PAYMENT $ 2 ,966,839 . 20 accordance with the Contract Documents,and the Contractor is entitled to payment of the AMOUNT (Line 6 from prior Certificate) CERTIFIED. 8.CURRENT PAYMENT DUE '$ 10 B ,982 -00 AMOUNT CERTIFIED $ /1), qg'-1'00 9.BALANCE TO FINISH,INCLUDING RETAINAGE (Attach explanation if amount certified differs from the amount applied Initial all figures on this Application an, on the Co itinuation Sheet that are changed to conform with the amount certified.) (Line 3 less Line 6) $ 189, 178. 80 „„. ( ) CONSTRUC f� M G ,y _ ilk a ` Date: i. Z$t, 2 1 a By: , �_ _ CHANGE ORDER SUMMARY ADDITIONS DEDUCTIONS ARCHITECT:1 Ifira _ /J Total changes approved in previous months by Owner $4 1 5, 0 00 $ By: 1 Date:.0 • 0`{ • RQ r O• Total approved this Month $ S This Certificate is not negotiable. The AMOUNT CERTIFIED is payable only to the Contractor TOTALS $4 1 5,000 $ named herein. Issuance, payment and acceptance of payment are without prejudice to any rights of NET CHANGES by Change Order , S4 15,0 00 the Owner or Contractor under this Contract. AIA Document G702/CMaw—1992.Copyright ®1992 by The American Institute of Architects.All rights reserved.WARNING:This AIA°'Document Is protected by U.S.Copyright Law and International Treaties. Unauthorized reproduction or distribution of this 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.This document was created at 11:25:14 MDTon 02/19/2008 under the terms of license number 26001 issued by the American institute of Architects,and is not for resale.This document is licensed for one time use only and may not be rnnrn.l,,, ,i nrinr In ifc nnn.nI.fin, tt 1 ri P � Document G7.O3 = 1992 Continuation Sheet AIA Document G702,APPLICATION AND CERTIFICATION FOR PAYMENT, APPLICATION NO 20 containing Contractor's-signed.certificationIs attached. APPLICATION'DATE: Jan. 15,2010 In tabdlations below,amounts are stated to-the nearest dollar. PERIOD TO January 31,2010. Use Column I on Contracts where variable retainage for line items may apply. ARCHITECT'S PROJECT NO:-2695-2025 CONTRACTOR: Bybee Stone Co Inc A , :13 C 'D- E F G H I WORK COMPLETED MATERIALS TOTAL PRESENTLY COMPLETED BALANCE RETAINAGE ITEM DESCRIPTION OF WORK SCHEDULED FROM PREVIOUS % TO VALUE APPLICATION THIS PERIOD j�STORED A TO DATE.D (G r C) , FINISH (IF VARIABLE NO. RATE) (D+E) D-OR E) (D+E+r) - (C-G) 1 Shop-Drawings 387,000 387,000 0 0 387,000 100% 0.00 34,830.00' 2 Raw Material 911,400 911,400 0 0 911,400 100% 0.00 61„525.00 3 Material Storage 0 0 -0 0 0 0% 0.00 0.00 4 Shop Fabrication 1-,301,600 1,262,822 38,778 0 1,301;600 100% 0.00 52,064:00 5 Material Delivery 100,000 65,000 10,000 0 75,000 75% 25,000.00 100.00 6 Engineering Allowance 150,000 102,246 47,754 0 150,000 100% 0.00. 7,329:80 • 7 Change Order-#1 415,000 402,550 12,450 0 415,000 100% 0.00 8,330.00 Totals 3:265,000 3.131;01$...... ... „,.0f3,,),8,2,,, n 3,240r000 ---- 5,000 09---164,178.80 AIA.Doc'umont G70JTu—1902.Copyright®1963.196S,1966,-1967,1970, 1978,1983 and-1992 by The American lnstitute of Architecls..Alt rights reserved.WARNINc:'This AIAA'Docurnent is protoctod by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this Ale Document,or any-purfian of it,[nay result in severe civil and criminal pennn.iu:,and will"he prosecuted to the marhnum OX1ent' possible under-the law.This documentwas-created at 09:50:20 MDT on 07/17/2008 under the teens-of license number 26001 issued by the American institute at Architects,and is not for resale.This document is licensed for one. time use only and may not be reproduced prior to its,comptetion. PARTIAL1,WAIVER OF LIEN STATE OF INDIANA) Gty#: SS COUNTY OF MONROE) Escrow#: TO WHOM IT MAY CONCERN: WHEREAS the undersigned has been employed by the City of Carmel, Carmel Redevelopment Commission to furnish Limestone for the premises know as. Regional Performing-Arts Center of which the City'of.Carmel is the owner. THE"undersigned,for and in consideration of 5108.982.00 , and other good and valuable considerations,the receipt whereof is hereby acknowledged,do(es)hereby Waive and release any and all lien or claim of,or right to lien, under the statutes of the State of Indiana, relating to mechanics' liens, With respect to and on said above described premises,.and the improvements thereon; and on the material, fixtures; apparatus or machinery furnished and on the moneys, funds or other considerations due or to become due from the owner, on account of labor services, material, fixtures; apparatus or.Tmachinery, hereto furnished to this date by-the undersigned for the above described premises, INCLUDING EXTRAS*. Date: January 19,2010 Company Name: Bybee Stone Company,Inc Addres�s:t 6293 N.Matthews Dr,Ellettsville,IN 47429 Signature a 'n nd Title: '�`�'`� V V' *EXTRAS INCLUDE BUT AREN T LIMITED TO CHANGE ORDERS,BOTH ORAL,AND WRITTEN, TO THE CONTRACT. CONTRACTOR'S AFFIDAVIT STATE OF INDIANA) SS COUNTY OF MONROE ) THE undersigned, Mary Beth Haas, being duly sworn,"deposes and says that he or:she is Vice Pres. of Bybee Stone Company,Inc who is the contractor furnishing. Limestone forthe building located at Carmel. Indiana owned by the City of Carmel,Carmel Redevelopment Commission . That the total amount of the contract.including"extras is S 3,265,000.00 on which he or she has received payment of $2.708,943.20 priorto this payment. That all waivers are true,. correct and genuine and delivered unconditionally and that there is no claim either legal or equitable to defeat the validity of said-waivers. That the following are:the names of all parties who have furnished material or labor,or both, for said work-and all parties having contracts or sub contracts for specific'portions of said work or for material entering into the construction thereof and the-amount due or to become due each;and that the items mentioned include all labor and;material resuired to corn plete said work according to plans and specification: NAMES WHAT FOR CONTRACT AMOUNT THIS .BALANCE PRICE PAID PAYMENT DUE BYBEE STONE COMPANY,INC LIMESTONE 53,265,000.00 S2,708,9,13.20 5108,982.00 S 447,074:80 • TOTAL LABOR&MATT,TO COMPLETE 53,265,000.00 S 2,708,943:20 5108,982.00 5447,074.80 That there are no other contracts for said work outstanding,and that there is nothing due Or to become due to any person for material, labor or other work of-any kind done or to be done upon or in connection r With Said work other than above stated. Date: Jan. 19,2010 l� � Signature:. t --Nice President, Subscribed and Sworn to Before Me This 19th Day of January , 2010. Extras included but are not limited to Change Orders, Both oral and written to the contract. w �- Nola "Public Commission Expires: 8/25/2016 F.1722R5/96 Provided by Chicago Ttic huuranc,Campany