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HomeMy WebLinkAboutIndianapolis Stage and Sales - $38,401.70 Disbursement Instructions (PAC Stage 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" 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 Authorizod Dlnbursomont Amoaars }0 6e toat� i j Village Finatl cidl j LA- C Appl�ca�ion q (i ntl 5-49e) April 20(( 3 24 L}0L/0 App 4414 (0 (Tr,dy s- e) Se ptemier 200 $ l0 OM. a0 Total Authorized Disbursement 3` �._. •:c. _ o1r All terms used in these Disbursement Instructions without definition shall have the meanings ascribed thereto in that certain Loan Agreement(PAC Stage Equipment),dated January 28,2010,by and between Lender and Village Financial, LLC. Dated: 7/( L CITY OF CARMEL REDEVELOPMENT COMMIS ION By I Printed L e s S. O Ids Title Execui-ive Director Draft PAC Stage Equipment (Indianapolis Stage and Sales) December 2009(application 1) Total Contract Amounts for application 1 Completed and Stored to date $ 45,000.00 Retention held $ 4,500.00 To be paid $ 40,500.00 Paid by Village Financial $ 40,500.00 March 2010(application 2) Paid by Village Financial $ 70,740.00 August 2010 Paid by Village Financial $ 19,710.00 September 2010 Paid by Village Financial $ 63,900.00 October 2010 Paid by Village Financial $ 367,748.30 November 2010 Paid by Village Financial $ 57,500.00 December 2010 Paid by Village Financial $ 51,834.00 March 2011 Paid by Village Financial $ 55,040.00 April 2011 Amount to be paid by Village Financial $ 28,401.70 September 2011 Amount to be paid by Village Financial $ 10,000.00 PAC Equipment-Final Payment Tracker Village Financial 3/8/2012 Contractor All CO's In All CO's Signed Eqp.Tagged Scheduled Final ULW Final TS Warranties CRC Statement Consent of Surety Paid issues ERMCO Y Y Y N/A Y Y Y Y Y x;:;; Poynter N/A N/A Y N/A Y Y Y Y Y ';.Y.'.. WALTEK Y Y Y N/A Y Y Y Y Y ;;Y,.. BeaBois V Y Y N/A Y Y Y Y Y Indy Stage Y Y Y N/A Y Y y N M:\MS\BANKS\PedBancEmployees\Michael\VF PAC Loans\PAC Tracker\VF Final Payment Tracker PAC STAGE EQUIPMENT-$818,334(MISC-800046) CONTRACTOR PAYMENT SUMMARY Indianapolis Stage 1 Original Contract Amount $ 818,334.00 2 Net Change by Change Order $ (50,300.00) Application 9 3 Contract Sum to Date $ 768,034.00 4 Total Completed&Stored to Date $ 765,374.00 (Column F,Below) 5a Retainage of Completed Work $ 10,000.00 (Column H,Below) 5b Retainage of Stored Materials $ - 5t Total Retainage 6 Total Earned Less Retainage $ 755,374.00 (Line 4-Line 5t) 7 Previous Payment $ 726,972.30 (Line 6,Previous Certificate) 8 Current Payment Due $ 28,401.70 9 Balance To Finish,Including Retainage $ 12,660.00 A B C D E F G H CONTRACT PREVIOUSLY COMPLETED STORED COMPLETED REMAINING RETAINAGE DESCRIPTION OF WORK TOTAL COMPLETED THIS PERIOD MATERIALS TO DATE BALANCE Incl.retainage 1 Mobilization and Submittals $ 45,000.00 $ 42,750.00 $ 1,704.11 $ - $ 45,000.00 $ - $ 545.89 2 Shipment of back boxes&racks $ 84,500.00 $ 80,275.00 $ 3,124.19 $ - $ 84,500.00 $ - $ 1,100.81 3 Shipment of electrical components $ 217,500.00 $ 206,625.00 $ 7,952.48 $ - $ 217,500.00 $ - $ 2,922.52 4 Shipment of fixtures $ 250,000.00 $ 237,500.00 $ 9,539.59 $ - $ 250,000.00 $ - $ 2,960.41 5 Installation of light fixtures and equipment $ 15,000.00 $ 14,250.00 $ 568.04 $ - $ 15,000.00 $ - $ 181.96 6 System energization $ 95,000.00 $ 90,250.00 $ 3,408.21 $ - $ 95,000.00 $ - $ 1,341.79 7 Training&Completion $ 6,334.00 $ 6,017.30 $ 284.02 $ - $ 6,334.00 $ - $ 32.68 8 General Allowance $ 100,000.00 $ 95,000.00 $ 3,692.23 $ - $ 100,000.00 $ - $ 1,307.77 9 CAD Allowance $ 5,000.00 $ 2,223.00 $ 117.00 $ - $ 2,340.00 $ 2,660.00 $ 133.00 10 Change Order $ (50,300.00) $ (47,785.00) $ (1,988.17) $ - $ (50,300.00) $ - $ (526.83) $ - $ - $ - $ - $ - $ $ 768,034.00 $ 727,105.30 $ 28,401.70 $ - $ 765,374.00 $ 2,660.00 $ 10,000 00 • ® TM c1/4 . Document G702/CMa 1992 6z • Application and Certificate for Payment Construction Manager-Adviser Edition TO OWNER: PROJECT: APPLICATION NO: 9 rf}t^1 ibil Distribution to: Carmel Redevelopment Commission Parcel 7A PERIOD TO OWNER ❑ April 27, 2011 One Civic Square Regional Performing Arts Center CONSTRUCTION MANAGER CI FROM CcOeAC icJT1J�246032 VIA CONSTRUCTION MANAGER: CONTRACT DATE: ARCHITECT ❑ February 17, 2009 Indianapolis Stage Shiel-Sexton Sexton PROJECT NOS: 2695 / 6010 ( CONTRACTOR ❑ 905 Massachusetts Ave. VIA ARCHITECT: FIELD ❑ Indianapolis, IN 46202 CSO Architects CONTRACT FOR: ❑ Bid Package ff6010 Production Li htin 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 Payment s been completed in accordance with the Application is made for payment,as shown below,in connection with the Contract. Contract Documents,that all amounts hive been paid b 'rye Contractor for Work for which previous Continuation Sheet,AIA Document G703,is attached. Certificates for '.•Went were issue' and pays t eived from the Owner, and that current 1.ORIGINAL CONTRACT SUM $ 818,334.00 payment show - n is now 2. Net change by Change Orders $ -50,100.00 CONTRACTO' AIN�� / 3.CONTRACT SUM TO DATE(Lme 1 ±2) $ 76A�R4 nn BY a /i.! _. /�//i, .. Date: y � �� 4.TOTAL COMPLETED&STORED TO DATE(Column G on G703) $ 765,374.00 State of: 1 ndf ovfl ti / a. m.. . 5.RETAINAGE: County of: r(x-11.., KEPI R. O'CONNO a. 10%of Completed Work Subscribed and sworn to before t P�Mot 11Ci011 (Column D+E on G703) $ 10,000.00 me this �. 1 da t A Poo, o311 04 1t11s 11a i'�1' '' Itcv Commisokm Boll s Jon 28..2016 b. %of Stored Material Notary Pu b l. .:-`� / I ,, I ,;:•.; .. = (Column F on G703) $ My Commission e 'fires: / Pj//,b • r Total Retainage(Lines 5a+5b or Total in Column I of G703). $ 10,000.00 CERTIFICATE FOR PAYMENT 755,374.00 In accordance with the Contract Documents, based on on-site observations and the data comprising . 6.TOTAL EARNED LESS RETAINAGE $ 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 $ 726,972.30 accordance with the Contract Documents,and the Contractor is entitled to payment of the AMOUNT IA' (Line 6 from prior Certificate) CERTIFIED. 8.CURRENT PAYMENT DUE $ 28,401.70 AMOUNT CERTIFIED -= $atie t 9.BALANCE TO FINISH,INCLUDING RETAINAGE. (Attach explanation if amount certified differs m ers fro the a nount-applied. Initial all figures on this Application and on . Continuation She, that e!bha ged to conform-with the al ount c,rtified.) (Line 3 less Line 6) $ 12,660.00 CONS 'SUCTION M,, E�/ .. By: ��f _ �:Aone . i - ,A,—..,—,—. _ Date: CHANGE ORDER SUMMARY ADDITIONS DEDUCTIONS ARCH • Total changes approved in previous months by Owner $ $ 50,300.00 By ° fI:,lV Date: 0 S' I Total approved this Month . $ $ This Certificate is not negotiable. The AMOUNT CERTIFIED is payable only to the Contractor TOTALS $ 0.00 50,300.00 named herein. Issuance,payment and acceptance of payment are without prejudice to any rights of NET CHANGES by Change Order $____=.5f1,30:1.00_ the Owner or Contractor under this Contract. 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 G702/CMaTM-1992.Copyright ©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 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. W/1 ® a Document G702/CMaTM - 1992 Instructions Application and Certificate for Payment Construction Manager-Adviser Edition A.General Information AIA Document G702/CMa,Application and Certificate for Payment,Construction Manager-Adviser Edition,is to be used in conjunction with AIA Document G703, Continuation Sheet.These documents are designed to be used on a Project where a Construction Manager is employed as an adviser to the Owner,but not as a constructor,and where multiple Contractors have direct Agreements with the Owner.Procedures for their use are covered in AIA Document A201/CMa,General Conditions of the Contract for Construction,Construction Manager-Adviser Edition, 1992 Edition. B.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 G702/CMa,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. C.Completing the G702/CMa Form After the Contractor has completed AIA Document G703,Continuation Sheet,summary information should be transferred to AIA Document G702/CMa,Application and Certificate for Payment,Construction Manager-Adviser Edition. The Contractor should sign G702/CMa,have it notarized and submit it,together with G703,to the Construction Manager and Architect. The Construction Manager and Architect should review G702/CMa and G703 and,if they are acceptable,complete the Certificate for Payment on G702/CMa.The Construction Manager and Architect may certify a different amount than that applied for pursuant to Sections 9.5 and 9.6 of A201/CMa.They should then initial all figures on G702/CMa and G703 that have been changed to conform to the amount certified and attach an explanation.The completed G702/CMa and G703 should be forwarded to the Owner. D.Completing the G703 Form Heading:This information should be completed to be consistent with similar information on AIA Document G702/CMa,Application and Certificate for Payment, Construction Manager-Adviser Edition. Columns A,B&C:These columns should be completed by identifying the various portions of the Project and their scheduled value consistent with the schedule of values submitted to the Architect at the commencement of the Project or as subsequently adjusted.The breakdown may be by sections of the Work or by Subcontractors and should remain consistent throughout the Project.Multiple pages should be used when required. Column C should be subtotaled at the bottom when more than one page is used and totaled on the last page.Initially,this total should equal the original Contract Sum. The total of column C may be adjusted by Change Orders during the Project. Column D:Enter in this column the amount of completed work covered by the previous application(columns D&E from the previous application).Values from column F (Materials Presently Stored)from the previous application should not be entered in this column. Column E:Enter here the value of Work completed at the time of this application,including the value of materials incorporated into the project which were listed on the previous application under Materials Presently Stored(column F). Column F:Enter here the value of Materials Presently Stored for which payment is sought.The total of the column must be recalculated at the end of each pay period. This value covers both materials newly stored for which payment is sought and materials previously stored which are not yet incorporated into the Project.Mere payment by the Owner for stored materials does not result in a deduction from this column.Only as materials are incorporated into the Project is their value deducted from this column and incorporated into column E(Work Completed-This Period). • Column G:Enter here the total of columns D,E and F.Calculate the percentage completed by dividing column G by column C. Column H:Enter here the difference between column C(Scheduled Value)andlolvfmk. e,- . ompleted and Stored to Date). Column I:This column is normally used only for contracts where variable retairge is permitd f a line-item basis.It need not be completed on projects where a constant retainage is withheld from the overall contract amount. C: Change Orders:Although Change Orders could be incorporated by changing the schedule avitues each time a Change Order is added to the Project,this is not normally done.Usually,Change Orders are listed separately,either on their own`G73or,Hm athe end of the basic schedule.The amount of the original contract adjusted by Change Orders is to be entered in the appropriate location on the G7027EIM Erg. 6. Construction Change Directives:Amounts not in dispute that have been includedttft,corstctn Change Directives should be incorporated into one or more Change Orders.Amounts remaining in dispute should be dealt with according to Sectioni7.3JnA2(11/g.M hAc E.Making Payment O ' 2 p; The Owner should make payment directly to the Contractor based on the amount c titreas th Construction Manager and Architect on AIA Document G702/CMa, Application and Certificate for Payment,Construction Manager-Adviser Editionlhaolnpletgl f rm contains the name and address of thetontractor.Payment should not be made to any other party unless specifically indicated on G702/CMa. so ft AIA Document G702/CMaTM-1992.Copyright ©1992 by The American Institut' a tt ghts reserved.WARNING:This AIA® 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. *:AIATM Document G7O3TM - 1992 Continuation Sheet AIA Document G702,APPLICATION AND CERTIFICATION FOR PAYMENT, APPLICATION NO: 9 containing Contractor's signed certification is attached. APPLICATION DATE: 4/27/2011 In tabulations below,amounts are stated to the nearest dollar. Use Column I on Contracts where variable retainage for line items may apply. PERIOD TO: 4/27/2011 ARCHITECT'S PROJECT NO: 2695/6010 A B C D E F G H I WORK COMPLETED MATERIALS TOTAL BALANCE SCHEDULED FROM PREVIOUS PRESENTLY COMPLETED % TO RETAINAGE ITEM DESCRIPTION OF WORK STORED AND STORED NO. VALUE APPLICATION THIS PERIOD (G+C) FINISH (IF VARIABLE (D+E) (NOT IN TO DATE (C C) RATE) D OR E) (D+E+F) 1 Mobilization&Submittals 45,000.00 45,000.00 45,000.00 100% - 2 Shipment of back boxes&racks 84,500.00 84,500.00 84,500.00 100% - 3 Shipment of Electronic Components 217,500.00 217,500.00 217,500.00 100% - 4 Shipment of Fixtures 250,000.00 250,000.00 250,000.00 100% 5 Installation of light fixtures&equipment 15,000.00 15,000.00 15,000.00 100% 6 System energization 95,000.00 95,000.00 95,000.00 100% 7 Training&Completion 6,334.00 6,334.00 6,334.00 100% 8 General Allowance 100,000.00 100,000.00 100,000.00 100% 9 CAD Allowance 5,000.00 2,340.00 2,340.00 47% 2,660.00 10 Change Order#1 (50,300.00) (50,300.00) (50,300.00) 100% 768,034.00 765,374.00 - - 765,374.00 2,660.00 38,401.70 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 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 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. ---404JAIA Document G703"- 1992 Instructions Continuation Sheet GENERAL INFORMATION Purpose and Related Documents.A1A Document G702,Application and Certificate for Payment,is to be used in conjunction with AIA Document G703,Continuation Sheet.These documents are designed for use on Projects where the Contractor has a direct Agreement with the Owner.Procedures for their use are covered in AIA Document A201,General Conditions of the Contract for Construction. 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 G703,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. aia.org. COMPLETING G703-1992 Heading.This information should be completed in a manner consistent with similar information on AIA Document G702,Application and Certificate for Payment. Columns A,B&C.These columns should be completed by identifying the various portions of the Project and their scheduled values consistent with the schedule of values submitted to the Architect at the commencement of the Project or as subsequently adjusted.The breakdown may be by sections of the Work or by Subcontractors and should remain consistent throughout the Project. Multiple pages should be used when required. Column C should be subtotaled at the bottom when more than one page is used and totaled on the last page. Initially,this total should equal the original Contract Sum.The total of column C may be adjusted by Change Orders during the Project. Column D. Enter in this column the amount of completed Work covered by the previous application(columns D&E from the previous application).Values from column F(Materials Presently Stored)from the previous application should not be entered in this column. Column E.Enter here the value of Work completed at the time of this application,including the value of materials incorporated in the project that were listed on the previous application under Materials Presently Stored(column F). Column F.Enter here the value of Materials Presently Stored for which payment is sought.The total of the column must be recalculated at the end of each pay period.This value covers both materials newly stored for which payment is sought and materials previously stored which are not yet incorporated into the Project.Mere payment by the Owner for stored materials does not result in a deduction from this column.Only as materials are incorporated into the Project is their value deducted from this column and incorporated into column E(Work Completed This Period.) Column G.Enter here the total of columns D,E and F.Calculate the percentage completed by dividing column G by column C. Column H.Enter here the difference between column C(Scheduled Value)and column G(Total Completed and Stored to Date). Column I.This column is normally used only for contracts where variable retainage is permitted on a line-item basis. It need not be completed on projects where a constant retainage is withheld from the overall contract amount. Change Orders.Although Change Orders could be incorporated by changing the schedule of values each time a Change Order is added to the Project,this is not normally done. Usually,Change Orders are listed separately,either on their own G703 form or at the end of the basic schedule. The amount of the original contract adjusted by Change Orders is to be entered in the appropriate location on the G702 form. Construction Change Directives.Amounts not in dispute that have been included in Construction Change Directives should be incorporated into one or more Change Orders.Amounts remaining in dispute should be dealt with according to Section 7.3 in A201. The following is an example of a Continuation Sheet far work in progress.Please note that dollar amounts shown below are for illustrative proposes only,and are not intended to reflect actual construction costs. A B C D E F G H I WORK COMPLETED MATERIALS TOTAL BALANCE PRESENTLY COMPLETED RETAINAGE ITEM SCHEDULED FROM PREVIOUS % TO NO DESCRIPTION OF WORK VALUE APPLICATION THIS PERIOD STORED AND STORED (G C) FINISH (IF VARIABLE (D+E) NOT IN TO DATE (C �.) RATE) D OR El E+F) 1 MOBILIZATION 5,000 5,000 0 0 5 000 100 0 2 STUMP REMOVAL 5,000 5,000 0 0 5,000 100 0 3 EARTH WORK 15,000 10,000 5,000 0 15,000 100 0 4 LOWER RETAINING WALL 10,000 0 5,000 0 5,000 50 5,000 5 CURBS 6 MISC.CONC. 5,000 0 0 0 0 0 5,000 6 PAVING,UPPER DRIVE 20,000 0 0 0 0 0 20,000 7 PAVING,LOWER DRIVE 20,000 0 0 0 0 0 20,000 8 PAVERS 20,000 0 0 10,000 10,000 50 10,000 9 BRICK WORK 5,000 0 0 0 0 0 5,000 10 11 105,000 20,000 10,000 10,000 40,000 65,000 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 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 @aia.org. CONDITIONAL WAIVER AND RELEASE UPON PROGRESS PAYMENT From: Indianapolis Stage Sales and Rental, Inc. Reference Payment Application # 9 Dated: April 27, 2011 Upon receipt by the undersigned of a check in the amount of $ 28,401.70 payable to Indianapolis Stage Sales and Rental, Inc. and when the check has been properly endorsed and has been paid by the bank on which it is drawn, this document shall become effective to release any mechanic's lien, stop notice, or bond right the undersigned has on the of Carmel Regional Performing Arts Center located at 773 3rd Avenue SW, Carmel, IN 46032 to the following extent. This release covers a progress payment for labor, services, equipment, or material furnished to the above referenced project through [enter date of payment application] only and does not cover any retentions retained before or after the release date; extras furnished before the release date for which payment has not been received; extras or items furnished after the release date. Rights based on work performed or items furnished under a written change order which has been fully executed by the parties prior to the release date are covered by this release unless specifically reserved by the claimant in this release. This release of any mechanic's lien, stop notice, or bond right shall not otherwise affect the contract rights including rights between parties to the contract based upon a rescission, abandonment, or breach of the contract, or the right of the undersigned to recover compensation for the furnished labor, services, equipment, or material not compensated by the progress payment. Before any recipient of this document relies on it, said party should verify evidence of payment to the undersigned. Dated: April 27, 2011 Indianapoli: 'stage Sales a • Rent. n' B y: .w � MALL James R. Hermsdorfer Title: President PARTIAL AFFIDAVIT AND WAIVER OF LIEN From: Indianapolis Stage Sales and Rental, Inc. Reference Payment Application # 7 Dated: April 27, 2011 Payment for application # 7 has been received for work performed at the Carmel Regional Performing Arts Center located at 773 3rd Avenue SW, Carmel, IN 46032 through December 15, 2010 in the amount of$51,834.30. Therefore, the undersigned waives and releases unto the Owner of said premises, any and all lien or claim whatsoever on the above described property and improvements thereon on account of LABOR or material or both, furnished by the undersigned thereto, subject to the limitations or conditions expressed herein, if any; and further certifies that no other party has any claim or right to a lien on account of any work performed or material furnished to the undersigned for said project, and within the scope of this affidavit and waiver. Dated: April 27, 2011 Indianapol': tage Sales a, Rental I / •/ By: ames R. Hermsdorfer Title: President WITNESS MY HAND AND NOTARIAL SEAL, this 27th day of April, 2011. KAM I.O ... j tublic• ���� '111 r UM of Meng (Note• Public) Jan U.1016 Karen O'Connor TRANSFER OF TITLE From: Indianapolis Stage Sales and Rental, Inc. Reference Payment Application # 7 Dated: April 27, 2011 Indianapolis Stage Sales and Rental, Inc. (Contractor) transfers to Village Financial, LLC any and all right, title and/or interest that Contractor has in any labor and/or materials described in (i) Payment Application # 7 that Affidavit of Waiver of Lien executed by the Contractor on April 27, 2011 and (ii) in the "Amount of this Request" section of that Affidavit executed by the Contractor on April 27, 2011. Dated: April 27, 2011 Indianapo age Sales a d Rental ► ► /0, ames R. Her if dorfer Title: President PAC STAGE EQUIPMENT-$818,334(MISC-800046) CONTRACTOR PAYMENT SUMMARY Indianapolis Stage 1 Original Contract Amount $ 818,334.00 2 Net Change by Change Order $ (52,960.00) Application 10 3 Contract Sum to Date $ 765,374.00 4 Total Completed&Stored to Date $ 765,374.00 (Column F,Below) 5a Retainage of Completed Work $ - (Column H,Below) 5b Retainage of Stored Materials $ - 5t Total Retainage 6 Total Earned Less Retainage $ 765,374.00 (Line 4-Line 5t) 7 Previous Payment $ 755,374.00 (Line 6,Previous Certificate) 8 Current Payment Due $ 10,000.00 9 Balance To Finish,Including Retainage $ - A B C D E F G H CONTRACT PREVIOUSLY COMPLETED STORED COMPLETED REMAINING RETAINAGE DESCRIPTION OF WORK TOTAL COMPLETED THIS PERIOD MATERIALS TO DATE BALANCE Incl.retalnage 1 Mobilization and Submittals $ 45,000.00 $ 44,454.11 $ 545.89 $ - $ 45,000.00 $ - $ - 2 Shipment of back boxes&racks $ 84,500.00 $ 83,399.19 $ 1,100.81 $ - $ 84,500.00 $ - $ - 3 Shipment of electrical components $ 217,500.00 $ 214,577.48 $ 2,922.52 $ - $ 217,500.00 $ - $ - 4 Shipment of fixtures $ 250,000.00 $ 247,039.59 $ 2,960.41 $ - $ 250,000.00 $ - $ - 5 Installation of light fixtures and equipment $ 15,000.00 $ 14,818.04 $ 181.96 $ - $ 15,000.00 $ - $ - 6 System energization $ 95,000.00 $ 93,658.21 $ 1,341.79 $ - $ 95,000.00 $ - $ - 7 Training&Completion $ 6,334.00 $ 6,301.32 $ 32.68 $ - $ 6,334.00 $ - $ - 8 Genera/Allowance $ 100,000.00 $ 98,692.23 $ 1,307.77 $ - $ 100,000.00 $ - $ - 9 CAD Allowance $ 5,000.00 $ 2,207.00 $ 2,793.00 $ - $ 5,000.00 $ - $ - 10 Change Order $ (50,300.00) $ (49,773.17) $ (526.83) $ - $ (50,300.00) $ - $ - 11 Change Order $ (2,660.00) $ - $ (2,660.00) $ - $ (2,660.00) $ - $ - $ 765,374.00 $ 755,374.00 $ 10,000.00 $ - $ 765,374.00 $ - $ - 11° Document G702/CMa — 1992 Application and Certificate for Payment Construction Manager-Adviser Edition G 2 TO OWNER: PROJECT: APPLICATION NO: lu Distribution to: Carmel Redevelopment Commission Parcel 7A One Civic Square Regional Performing Arts Center PERIOD TO: September 27, 2011 OWNER CI Carmel , IN 46032 CONSTRUCTION MANAGER El FROM CONTRACTOR: VIA CONSTRUCTION MANAGER: CONTRACT DATE: February 17, 2009 ARCHITECT ❑ Indianapolis Stage Shiel-Sexton Sexton PROJECT NOS: 2695 , 6010 CONTRACTOR ❑ 905 Massachusetts Ave. Indianapolis, IN 46202 VIA ARCHITECT: CSO Architects FIELD ❑ CONTRACT FOR: Bid Package#6010-Production Lighting ❑ 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 b the Contractor for Work for which previous 818 33400 Certificates for '..nent were issued and paymei ,ceived from the Owner, and that current 1.ORIGINAL CONTRACT SUM $ 818,334.00 payment show n is now ue. 2.Net change by Change Orders $ -52,960.00 CONTRACTOj ii.,/,_ 3.CONTRACT SUM TO DATE(Line.I ±2) $ 765.374.00 By: . 0 ,1 ) ..4P( > Q Date: 9 - t O zO`f 4.TOTAL COMPLETED&STORED TO DATE(Column G on G703) $ 765,374.00 State of: 1(\cbol noL - 5.RETAINAGE: County of :. a. 0 %of Completed Work ��hl UY� P Subscribed and sworn to before KAREN R. O'CONIiOR (Column D+Eon G703) $ 0.00 me this ag ` ,day o ' 1 ///, I) Notary Puttee- � b. %of Stored Material Notary Pu tic: woa ire∎�� AIR./ ~� Mato Indiana (Column F on G703) $ My Commission expt -s: 0 Va, j/ °mod ilOfl Fookes,Jon 2$..2016 Total Retainage(Lines 5a+5b or Total in Column I of G703). $ 0.00 CERTIFICATE FOR PAYMENT 765,374.00 In accordance with the Contract Documents, based on on-site observations and the data comprising 6.TOTAL EARNED LESS RETAINAGE $ 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 $ 755,374.00 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 $ 10,000.00 AMOUNT CERTIFIED $ 1 n� 0 �_ 9.BALANCE TO FINISH,INCLUDING RETAINAGE (Attach explanation if amount certified differs fry n the mount applied. Initial all figures on this Application and on ie Continuation a et that ire ch nged to conform with the a nouns certified.) (Line 3 less Line 6) $ 0.00 CONS '. CTION M AGA By Mfi:Aga✓!_IAviA '- _ Date: CHANGE ORDER SUMMARY ADDITIONS DEDUCTIONS ARCH A..' �� ' '� Total changes approved in previous months by Owner $ $ 50,300.00 By '' 1_/ - Date: " IS I Total approved this Month $ $ 2,660.00 This Certificate is not negotiable. The AMOUNT CERTIFIED is payable on b, to the Contractor TOTALS $0.00 $ 52,960.00 named herein. Issuance,payment and acceptance of payment are without preju.ice to any rights of the Owner or Contractor under this Contract. NET CHANGES by Change Order $752,9_60-0.0 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 G702/CMaTM-1992.Copyright ©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 prosecuted to the maximum extent possible under the law. Q� 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. I m` 0 Document G702/CMaTM - 1992 Instructions Application and Certificate for Payment Construction Manager-Adviser Edition A.General Information AIA Document G702/CMa,Application and Certificate for Payment,Construction Manager-Adviser Edition,is to be used in conjunction with AIA Document G703, Continuation Sheet.These documents are designed to be used on a Project where a Construction Manager is employed as an adviser to the Owner,but not as a constructor,and where multiple Contractors have direct Agreements with the Owner.Procedures for their use are covered in AIA Document A201/CMa,General Conditions of the Contract for Construction,Construction Manager-Adviser Edition, 1992 Edition. B.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 G702/CMa,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. C.Completing the G702/CMa Form After the Contractor has completed AIA Document G703,Continuation Sheet,summary information should be transferred to AIA Document G702/CMa,Application and Certificate for Payment,Construction Manager-Adviser Edition. The Contractor should sign G702/CMa,have it notarized and submit it,together with G703,to the Construction Manager and Architect. The Construction Manager and Architect should review G702/CMa and G703 and,if they are acceptable,complete the Certificate for Payment on G702/CMa.The Construction Manager and Architect may certify a different amount than that applied for pursuant to Sections 9.5 and 9.6 of A201/CMa.They should then initial all figures on G702/CMa and G703 that have been changed to conform to the amount certified and attach an explanation.The completed G702/CMa and G703 should be forwarded to the Owner. D.Completing the G703 Form Heading:This information should be completed to be consistent with similar information on AIA Document G702/CMa,Application and Certificate for Payment, Construction Manager-Adviser Edition. Columns A,B&C:These columns should be completed by identifying the various portions of the Project and their scheduled value consistent with the schedule of values submitted to the Architect at the commencement of the Project or as subsequently adjusted.The breakdown may be by sections of the Work or by Subcontractors and should remain consistent throughout the Project.Multiple pages should be used when required. Column C should be subtotaled at the bottom when more than one page is used and totaled on the last page.Initially,this total should equal the original Contract Sum. The total of column C may be adjusted by Change Orders during the Project. Column D:Enter in this column the amount of completed work covered by the previous application(columns D&E from the previous application).Values from column F (Materials Presently Stored)from the previous application should not be entered in this column. Column E:Enter here the value of Work completed at the time of this application,including the value of materials incorporated into the project which were listed on the previous application under Materials Presently Stored(column F). Column F:Enter here the value of Materials Presently Stored for which payment is sought.The total of the column must be recalculated at the end of each pay period. This value covers both materials newly stored for which payment is sought and materials previously stored which are not yet incorporated into the Project.Mere payment by the Owner for stored materials does not result in a deduction from this column.Only as materials are incorporated into the Project is their value deducted from this column and incorporated into column E(Work Completed-This Period). Column G:Enter here the total of columns D,E and F.Calculate the percentage completed by dividing column G by column C. Column H:Enter here the difference between column C(Scheduled Value)and column G(Total Completed and Stored to Date). Column I:This column is normally used only for contracts where variable retainager e-item basis.It need not be completed on projects where a constant retainage is withheld from the overall contract amount. Change Orders:Although Change Orders could be incorporated by changing the s7 edule of vane-k ach time a Change Order is added to the Project,this is not normally done.Usually,Change Orders are listed separately,either on their own G 43 fpm or ate 2nd of the basic schedule.The amount of the original contract adjusted by Change Orders is to be entered in the appropriate location on the G702fMf Construction Change Directives:Amounts not in dispute that have been included>rn CFanslrit tic i Change Directives should be incorporated into one or more Change Orders.Amounts remaining in dispute should be dealt with according to Section 7.3 A 20 Cola, E.Making Payment The Owner should make payment directly to the Contractor based on the amount certifi ti fire f ort truction Manager andlArchitect on AIA Document G702/CMa, Application and Certificate for Payment,Construction Manager-Adviser Edition.Thetortxpl Wc n contains the name and address of the Contractor.Payment should not be made to any other party unless specifically indicated on G702/CMa. -,. 4 AIA Document G702/CMaTM-1992.Copyright ©1992 by The American Institute of Architects.All ilbh1)reserved.WARNING:This AlA® Document is protected by U.S. Copyright Law and International Treaties.Unauthorized reproduction or distribution.oj this' :A►A® 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. \,x�/� ® 7M Document G7O3TM — 1992 • Continuation Sheet AIA Document G702,APPLICATION AND CERTIFICATION FOR PAYMENT, APPLICATION NO 10 containing Contractor's signed certification is attached. 9/27/2011 APPLICATION DATE: In tabulations below,amounts are stated to the nearest dollar. 9/27/2011 Use Column.Ion Contracts where variable retainage for line items may apply. PERIOD TO: 2695/6010 ARCHITECT'S PROJECT NO: A B C D E F ` G H 1 WORK COMPLETED MATERIALS TOTAL PRESENTLY COMPLETED BALANCE RETAINAGE ITEM DESCRIPTION OF WORK SCHEDULED FROM PREVIOUS STORED AND STORED % TO NO. VALUE APPLICATION THIS PERIOD (G C) FINISH (IF VARIABLE (D+E) (NOT IN TO DATE (C G) RATE) D OR E) (D+E+F) 1 Mobilization&Submittals 45,000.00 45,000.00 45,000.00 100% - 2 Shipment of back boxes&racks 84,500.00 84,500.00 84,500.00 100% - 3 Shipment of Electronic Components 217,500.00 217,500.00 217,500.00 100% - 4 Shipment of Fixtures 250,000.00 250,000.00 250,000.00 .;: 100% 5 Installation of light fixtures&equipment 15,000.00 15,000.00 15,000 00 ! 100% 6 System energization 95,000.00 95,000.00 95,000.00 100% 7 Training&Completion 6,334.00 6,334.00 6",334.00 100% 8 General Allowance 100,000.00 100,000.00 100,000.00 100% 9 CAD Allowance 5,000.00 2,340.00 2,660.00 5,000.00 100% 10 Change Order#1 (50,300.00) (50,300.00) (50,300.00) 100% 11 Change Order#2 0.00 0.00 0.00 100% 12 Change Order#3 (2,660.00) (2,660.00) (2,660.00) 100% 765,374.00 765,374.00 - - 765,374.00 - 38,401.70 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 G703TM—1992.Copyright©1963,1965,1966,1967, 1970,1978,1983 and 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 AlA®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. IA0 Document G703"- 1992 Instructions Continuation Sheet GENERAL INFORMATION Purpose and Related Documents.ALA Document G702,Application and Certificate for Payment,is to be used in conjunction with ALA Document G703,Continuation Sheet.These documents are designed for use on Projects where the Contractor has a direct Agreement with the Owner.Procedures for their use are covered in AIA Document A20I,General Conditions of the Contract for Construction. Use of Current Documents. Prior to using any ALA 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 G703,but only for use in connection with a particular project.The ALA 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. COMPLETING G703-1992 Heading.This information should be completed in a manner consistent with similar information on AIA Document G702,Application and Certificate for Payment. Columns A,B&C.These columns should be completed by identifying the various portions of the Project and their scheduled values consistent with the schedule of values submitted to the Architect at the commencement of the Project or as subsequently adjusted.The breakdown may be by sections of the Work or by Subcontractors and should remain consistent throughout the Project.Multiple pages should be used when required. Column C should be subtotaled at the bottom when more than one page is used and totaled on the last page. Initially,this total should equal the original Contract Sum.The total of column C may be adjusted by Change Orders during the Project. Column D.Enter in this column the amount of completed Work covered by the previous application(columns D& E from the previous application).Values from column F(Materials Presently Stored)from the previous application should not be entered in this column. Column E.Enter here the value of Work completed at the time of this application,including the value of materials incorporated in the project that were listed on the previous application under Materials Presently Stored(column F). Column F.Enter here the value of Materials Presently Stored for which payment is sought.The total of the column must be recalculated at the end of each pay period.This value covers both materials newly stored for which payment is sought and materials previously stored which are not yet incorporated into the Project.Mere payment by the Owner for stored materials does not result in a deduction from this column.Only as materials are incorporated into the Project is their value deducted from this column and incorporated into column E(Work Completed-This Period.) Column G.Enter here the total of columns D,E and F.Calculate the percentage completed by dividing column G by column C. Column H.Enter here the difference between column C(Scheduled Value)and column G(Total Completed and Stored to Date). Column 1.This column is normally used only for contracts where variable retainage is permitted on a line-item basis. It need not be completed on projects where a constant retainage is withheld from the overall contract amount. Change Orders.Although Change Orders could be incorporated by changing the schedule of values each time a Change Order is added to the Project,this is not normally done. Usually,Change Orders are listed separately,either on their own G703 form or at the end of the basic schedule. The amount of the original contract adjusted by Change Orders is to be entered in the appropriate location on the G702 form. Construction Change Directives.Amounts not in dispute that have been included in Construction Change Directives should be incorporated into one or more Change Orders.Amounts remaining in dispute should be dealt with according to Section 7.3 in A20I. The following is an example of a Continuation Sheet for work in progress.Please note that dollar amounts shown below are for illustrative put poses only,and are not intended to reflect actual construction costs. A B C U E F G FI I WORK COMPLETED MATERIALS TOTAL PRESENTLY PRESENTLY COMPLETED TED SAL ANCE REfAI,\.IGE ITEM SCHEDULED FROM PREVIOUS °5 TO DESCRIPTION OF WORK STORED AND STORED (IF VARIABLE NO. VALUE APPLICATION Tins PERIOD (NOT IN TO DATE (Cr-CI FINISH RATE) (13,- D OR E) (D+1:+F) lC-G) 1 MOBILIZATION 5,000 5,000 0 0 5,000 100 0 2 STUMP REMOVAL 5,000 5,000 0 0 5,000 100 0 3 EARTH WORK 15,000 10,000 5,000 0 15,000 100 0 4 LOWER RETAINING WALL 10,000 0 5,000 0 5,000 50 5,000 5 CURBS 6 MISC.CONC. 5,000 0 0 0 0 0 5,000 6 PAVING,UPPER DRIVE 20,000 0 0 0 0 0 20,000 7 PAVING,LOWER DRIVE 20,000 0 0 0 0 0 20,000 8 PAVERS 20,000 0 0 10,000 10,000 50 10,000 9 BRICK WORK 5,000 0 0 0 0 0 5,000 10 11 105,000 20,000 10,000 10,000 40,000 65,000 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 AIA®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 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. O CONDITIONAL WAIVER AND RELEASE UPON PROGRESS PAYMENT From: Indianapolis Stage Sales and Rental, Inc. Reference Payment Application # 10 Dated: September 28, 2011 Upon receipt by the undersigned of a check in the amount of $ 10,000.00 payable to Indianapolis Stage Sales and Rental, Inc. and when the check has been properly endorsed and has been paid by the bank on which it is drawn, this document shall become effective to release any mechanic's lien, stop notice, or bond right the undersigned has on the of Carmel Regional Performing Arts Center located at 773 31d Avenue SW, Carmel, IN 46032 to the following extent. This release covers a progress payment for labor, services, equipment, or material furnished to the above referenced project through [enter date of payment application] only and does not cover any retentions retained before or after the release date; extras furnished before the release date for which payment has not been received; extras or items furnished after the release date. Rights based on work performed or items furnished under a written change order which has been fully executed by the parties prior to the release date are covered by this release unless specifically reserved by the claimant in this release. This release of any mechanic's lien, stop notice, or bond right shall not otherwise affect the contract rights including rights between parties to the contract based upon a rescission, abandonment, or breach of the contract, or the right of the undersigned to recover compensation for the furnished labor, services, equipment, or material not compensated by the progress payment. Before any recipient of this document relies on it, said party should verify evidence of payment to the undersigned. Dated: September 28, 2011 Indianapol': S'.ge Sales . nd Re• : , I . By: _ / lames R. Hermsdorf'r Title: 'resident