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HomeMy WebLinkAboutBybee Stone - $114,598.80 The National Bank of Indianapolis 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 Authorized Disbursement Amount of Authorized Disbursement Amount to be paid by Carmel Theater Development as per the Limestone Material and Fabrication installment purchase contract Application 24(Bybee Stone) November 2010 $114,598.80 Total Authorized Disbursement $114,598.80 All terms used in these Disbursement Instructions without definition shall have the meanings ascribed thereto in that certain Loan Agreement (Equipment and Improvements), dated February 23, 2010, by and between The Nation.I Bank of Indianapolis and Carmel Theater Development Company, LLC. Dated: 9 // CITY OF CARMEL REDEVELOPMENT COMMISSION By: Les S. Olds Printed: Executive Director Title: • 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 Paid by Carmel Theater Development Company $ 108,982.00 February 2010 Total Contract Amount for application 21 Completed and Stored $ 15,000.00 Retention held $ - To be paid $ 15,000.00 Paid by Carmel Theater Development Company $ 15,000.00 August 2010 Total Contract Amount for application 22 Completed and Stored $ 10,000.00 Retention held $ - To be paid $ 10,000.00 Paid by Carmel Theater Development Company $ 10,000.00 November 2010 Amount to be paid by Carmel Theater Development Company $ 114,598.80 • ® , 2S Mt=°= Document 7 21 Application and Certificate for Payment Construction Manager-Adviser Edition • TO OWNER: PROJECT: APPLICATION NO: 24— FINAL Distribution to: City of Carmel Performing Arts Ctr CRC , Carmel IN PERIOD TO: 11 /30/10 OWNER ❑ One Civic Square Carmel IN 46032 CONSTRUCTION MANAGER ❑ FROM CONTRACTOR: VIA CONSTRUCTION MANAGER: CONTRACT DATE: 11 /30/07 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 Document G703,is attached. Contract Documents,that all amounts have been paid by the Contractor for Work for which previous 2, 850, 000 a Certificates for Payment were issued and payments received from the Owner, and that current 1.ORIGINAL CONTRACT SUM $ payment shown herein is now due. 2.Net change by Change Orders $ 365, 42 0 CONTRACTOR: 3.CONTRACT SUM TO DATE(Line 1±2) $ 3, 21 5, 4 9,(:) By: 4 ,`—. .\� i _. t`• „ - Date: 3 j2.$ I-4. 0 (\ 4.TOTAL COMPLETED&STORED TO DATE(Column G on G703) $ 3 , 215, 420 State of: I n d i a1Ti a 5.RETAINAGE: County of:Owe n a. %of Completed Work Subscribed and sworn to of ren ` j� © I (Column D+E on 0703) $ —0— me this 02 e I'./ of ! ► I ` ' b. %of Stored Material Notary Public: • GL� /G 0 • r (Column F on G703) $ —0— My Commissi. expires: Total Retainage(Lines 5a+5b or Total in Column I of G703).. $ —0— CERTIFICATE FOR PAYMENT In accordance with the Contract Documents, based on on-site observations and the data comprising 6.TOTAL EARNED LESS RETAINAGE $ 3, 215, 420 . 00 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 $ 3, 100, 821 . 20 accordance with the Contract Documents,and the Contractor is entitled to payment of the AMOUNT (Line 6 from prior Certificate) CERTIFIED. Dif 8.CURRENT PAYMENT DUE $ 1 1 4 , 5 9 8 _8 0 AMOUNT CERTIFIED $ riq,SI 9.BALANCE TO FINISH,INCLUDING RETAINAGE (Attach explanation if amount certified differs from t e amo nt applied.Initial all figures on this Appli ation and on th:(1.ntinn on Sheet t are.hange. to conform with the amount certified.) (Line 3 less Line 6) $ —0— CONS-1'146... ION � .r=�L . �_ Date: �� �!I�t By: �w./� ��i I_ / CHANGE ORDER SUMMARY ADDITIONS DEDUCTIONS ARCHITECLZ ' A ` Total changes approved in previous months by Owner $ 4 15, 000 $ 49, 580 By: V t Date: 3 21 dli Total approved this Month $ $ This Certificate is not negotiable. The AMOUNT CERTIFIED is payable only to the ontractor TOTALS $ 415, 000 $ 49,5 8 0 named herein. Issuance, payment and acceptance of payment are without prejudice to any rights of NET CHANGES by Change Order $ 1 5 4 7 0 the Owner or Contractor under this Contract. 6 , AIA Document G702/CMaT"'-1992.Copyright O 1992 by The American Institute of Architects.All rights reserved.WARNING:This Ale 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 08/19/2008 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 reproduced prior to its completion. • ss. • • , 1�, ,ta; %4, 11- TM . Document 703 - 1992 Continuation Sheet AIA Document G702,APPLICATION AND CERTIFICATION FOR PAYMENT, APPLICATION NO: 24-FINAL containing Contractor's signed certification is attached. APPLICATION DATE: Nov. 18,2010 In tabulations below,amounts are stated to the nearest dollar. PERIOD TO: Nov.30,2010 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 B C D E F G I-I I WORK COMPLETED MATERIALS TOTAL BALANCE SCHEDULED FROM PREVIOUS PRESENTLY COMPLETED RETAINAGE TO ITEM DESCRIPTION OF WORK VALUE APPLICATION THIS PERIOD STORED AND STORED (G%C) FIN IS (IF VARIABLE NO (D+E) (NOT IN TO DATE (C G) RATE) D ORE) (D+E+F) 1 Shop Drawings 387,000 387,000 0.00 0 387,000 100% 0.00 34,830.00 2 Raw Material 911,400 911,400 0.00 0 911,400 100% 0.00 61,525.00 3 Material Storage 0 0 0.00 0 0 0% 0.00 0.00 4 Shop Fabrication 1 301,600 1,301,600 0.00 0 1,301,600 100% 0.00 52,064.00 5 Material Delivery 100,000 100,000 0.00 0 100,000 100% 0.00 100.00 6 Engineering Allowance 150,000 150,000 0.00 0 150,000 100% 0.00 7,329.80 • 7 Change Order#1 415,000 415,000 0.00 0 415,000 100% 0.00 8,330.00 8 Change Order#3 -49,580 -49,580 0.00 0 -49,580 100% 0.00 -49,580.00 9 Retainage 114,598.80 0 -114,598.80 Totals 3 215,420 3 215 470, ...,.1 1.4,`p8 Of).., .. 0 3,215,420 0.00 0.00 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 Ale Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AlA1"Document,or any portion of it,may result in severe civil and criminal penalties,arid will be prosecuted to the maximum extent possible under the law.This document was created at09:50:20 MDT on 07/17/2008 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 reproduced prior to its completion. ai•a,a, ••.raar ua.v. i.u.• • 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 $114,598.80 , 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 machinery, hereto furnished to this date by the undersigned for the above described premises, INCLUDING EXTRAS*. Date: Nov. 18. 2010 Company Name: Bybee Stone Company, Inc I Address: 6293 N.Matthews Dr,Ellettsville,IN 47429 Signature and Title: 'I *EXTRAS INCLUDE BUT ARE N4T LIMITED TO CHANGE ORDERS,BOTH ORAL AND WRITTEN, TO THE CONTRACT. CONTRACTOR'S AFFIDAVIT STATE OF INDIANA) SS COUNTY OF IvIONROE ) 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 for the building located at Carmel, Indiana owned by the City of Carmel,Carmel Redevelopment Commission . That the total amount of the contract including extras is $ 3,215,420.00 on which he or she has received payment of $3,100,82L20 prior to 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 required to complete said work according to plans and specification: NAMES WHAT FOR CONTRACT AMOUNT THIS BALANCE PRICE PAID PAYMENT DUE BYBEE STONE COMPANY,INC LIMESTONE $3,215,420.00 $3,100,821.20 S114,598.80 S0.00 TOTAL LABOR&MAT'L TO COMPLETE $3,215,420.00 S3,100,821.20 5114,598.80 S0.00 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 with said work other than above stated. Date: Nov. 18,2010 Signature: J\ � �' Y' tii�f ' �Zice President, Subscribed and Sworn to Before Me This 7th Day of Dec , 2010. Extras included but are not limited to Change Orders, Both oral and written to the contract. Notary Public Commission Expires: 8/25/2016 F 722R5/96 Provided by Chicago Tole Insurance Company NOT APPLICABLE US. Deoartment of Labor Form Approved .,Va2e.and Hou_r Division Budget.Bureau No.44-R1093 - STATEMRNT OF COMPLIANCE 11 /18/10 Date r Beth ,Ha a s vice president do hereby state: t s:z.Taazory (Title) That I pay at-sunervist the payment of the persons employed by B-y-bee Stone Co Inc on itt. ,;1\ (Contractor or Subcontractor) .7 _na,oudna roe rpayloil period commencing on foe is May of k..1-a t'X and ending the 30 day of NOV all persons employed on said tiav been paid the coil weekly wages earned that no rebates have been or will be made either directly or indirectly to or on behalf on said ccc t.;tori e Co Tnc from the full weekly wages earned by any person and that no deductions have been made either OF S-,.213;:onzractor) or inclirec.rly from the full wares earned by any person,other than permissible deductions as defined in Regulations,Part 3(29 CI-7R Subtitle A), Issued bv Sec.retar.e. of Labor under the Copeland Act,as Amended(48 Stat. 948,63 Stat. 108,72 Stat. 967;76 Stat. 357;40.0.S.C. 276..-:), and 2) any 15.3,h tr,j1S.-::under this contact required to be submitted for the above period are correct and complete;that the N..s,are razes for Or mechanics contained therein are not less than the applicable wage rates contained in any wage det5e-rmina..tion incorporated into the contract; dassifrcerions set forth the:fin for each laborer or mechanic conform iwht the work be performed. ThaE any aporentic•es employed in the above period are duly registered in a bona fide apprenticeship program registered,tirth a State apprennce- -he Bureau of Apprenticeship and Training,United States Department of Labor,or if no such recognized agency exists in a are registered with she Bureau of Apprenticeship and Training,United State Department of Labor. a.) rirtcRE FRINGE BENEFITS*RE PAID TO APPROVED PLANS,FUNDS,OR PROGRAMS in addition to the basic hourly es ae.-;.----a es,paid to each laborer or mechanic listed in the above referenced payroll paymenrs fri_n2e bonefits as listed in the contract have been or will be made to appropriated programs for the benefit of such employees,except as no,teo in Section 4(c)below. Mi V-VHEPI=1 FPINGE BENEFITS ARE PAID 3M CASH Each Laborer or mechanic listed in the above referenced payroll has been paid as indicated on the payroll,an amount not less than the sum of the applicable basic hourly wage rate plus the amount of the required fringe benefits as listed in the contract,except as noted In section 41„0)belcw 2'1E:EP TIONS EXCEPTIONS(CRAFT) 1 1 ano Signature f i •1 "1 t . • Mary Beth Haas , VP \ o7-,-.7.y of the above stamaents may subject the:contractor or subcontractor to cavii`Or criminal prosecution. See section 1001 of title 18 and of this Ii tithe T...:a1zed States code. form directly from the Supt.of Documents Bybee Stone Co Check: 22 PO Box 968 Date: 3/29/2011 Bloomington, IN 47402 Vendor: BYBEES1 Prior Invoice P.O. Num. Invoice Amt Balance Retention Discount Amt. Paid See Transmittal Sheet for check detail. 1,267,120.00 126,632.00 12,033.20 0.00 114,598.80 22 3/29/2011 ********114,598.80 THE SUM OF ONE HUNDRED FOURTEEN THOUSAND FIVE HUNDRED NINETY EIGHT DOLLARS AND 80 CENTS************* Bybee Stone Co PO Box 968 Bloomington, IN 47402 Bybee Stone Co Check: 22 PO Box 968 Date: 3/29/2011 Bloomington, IN 47402 Vendor: BYBEES1 Prior Invoice P.O. Num. Invoice Amt Balance Retention Discount Amt. Paid See Transmittal Sheet for check detail. 1,267,120.00 126,632.00 12,033.20 0.00 114,598.80 t Transmittal Sheet Page 1 Carmel Redevelopment Comm Bybee Stone Co Check: 22 PO Box 968 Date: 3/29/2011 Bloomington, IN 47402 Vendor: BYBEES1 Prior Invoice P.O. Num. Invoice Amt Balance Retention Discount Amt. Paid 1 25 209,622.00 20,882.20 0.00 0.00 20,882.20 Application No 1 2 25 127,000.00 12,700.00 0.00 0.00 12,700.00 Applicatin 2 3 25 138,305.00 13,830.50 0.00 0.00 13,830.50 Application 3 4 25 118,200.00 11,820.00 0.00 0.00 11,820.00 Application 4 5 25 296,480.00 29,648.00 0.00 0.00 29,648.00 Application 5 6 25 377,513.00 37,751.30 12,033.20 0.00 25,718.10 Application 6 1,267,120.00 126,632.00 12,033.20 0.00 114,598.80