Loading...
HomeMy WebLinkAboutLeach & Russell - $478,377Disbursement Instructions 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 Due" line in the "Amount of Current Authorized Disbursement" column below; and (b) accordance with the terms and conditions of the Agreement, the other Loan Documents, and the Disbursement Instructions. Description of Work Scheduled Value or Contract Amount Percent Complete or Contract Amount Owed Amount of Prior Authorized Disbursement Amount of Current Authorized Disbursement Amount to be paid by Carmel Theater Development Company, LLC per Theater Building Base Structure Installment Purchase Contract Mechanical (Leach and Russell) — March $ 22,886.00 Mechanical (Leach and Russell) - April $ 234,233.00 Mechanical (Leach and Russell) — May $221,258.00 Grand Total ' TotalDue, ' $478,377:00: ' CRC has inspected the portions of the PAC Equipment completed by Borrower to confirm the Percent Complete in the applicable column above. CRC either has received or waived receipt of conditional lien waivers and other submittals required to be made by Borrower in connection with a disbursement of Loan Proceeds from the Borrower Loan Account to (or for the account of) Borrower. All terms used in these Disbursement Instructions without definition shall have the meanings ascribed thereto in that certain Loan Agreement (Theater Building Base Structure), dated as of June 30, 2009, by and between Lender and Carmel Theater Development Company, LLC., as amended by that certain Amendment to Loan Agreement, dated January 28, 2010, by and between the same parties. • Dated: CITY OF CARMEL REDEVELOPMENT COMMISSION By Printed Title Les S. Olds Executive Director Draft Energy Center (Leach and Russell) February 2010 Total Contract Amount for application 1 Completed and Stored to date $ 14,000.00 Retention held $ 1,400.00 Paid by Carmel Theater Development Company $ 12,600.00 March 2010 Amount to be paid by Carmel Theater Development Company April 2010 $ 22,886.00 Amount to be paid by Carmel Theater Development Company $' 234 ;233100 May 2010 Amount to be paid by Carmel Theater Development Company $ 221,258 ".00 Fir Pi- I4..;/41 IVINI RPIL.J l..cm 1 11'IdrMl C evil CwaT IVICIV 1 CONSTRUCTION MANAGER- ADVISER EDITION AIA DOCUMENT G702 /CMa (Instructions on reverse side) PAGE ONE OF PAGES TO OWNER:City of Carmel Redevelopment c/o Shiel Sexton Co. 902 N. Capitol Av. Indianapolis, IN 46244 -0107 FROM CONTRACTOR: Leach & Russell Mechanical Contractors, Inc. 9151 Ford Circle, Fishers, IN 46038■IA CONSTRUCTION CONTRACT FOR: Mechanical VIA ARCHITECT: PROJECT: Carmel Energy Center Parcel Phase II Expansion Shiel Sexton Project #3663 Carmel, Indiana MANAGER: Shiel 7C APPLICATION NO.: 2 PERIOD TO: 3/31/10 PROJECT NOS.: 3663 -2000 Sexton Co. Distribution to: ❑ OWNER ❑ CONSTRUCTION MANAGER CONTRACT DATE :, 1 2/21 /09 ❑ ARCHITECT El CONTRACTOR INVOICE #19388 (367) CONTRACTOR'S APPLICATION FOR PAYMENT Application is made for payment, as shown below, in connection with the Contract. Continuation Sheet, AIA Document G703, is attached. 1. ORIGINAL CONTRACT SUM $ 573,000 2. Net Change By Change Orders $ 3. CONTRACT SUM TO DATE (Line 1 ± 2) 573,000 4. TOTAL COMPLETED & STORED TO DATE s 39,429 (Column G on G702) 5. RETAINAGE: a. 10 %, of Completed Work (Columns D + E on G703) b. % of Stored Material (Column F on G703) Total Retainage (Line 5a + 5b or Total in Column I of G703) 3,943 3,943 6. TOTAL EARNED LESS RETAINAGE S 35, 486 (Line 4 less Line 5 Total) 7. LESS PREVIOUS CERTIFICATES FOR PAYMENT 12,600 (Line 6 from prior Certificate) 8. CURRENT PAYMENT DUE 22,886 9. BALANCE TO FINISH, INCLUDING RETAINAGE (Line 3 less Line 6) $ 537,514 CHANGE ORDER SUMMARY ADDITIONS DEDUCTIONS Total changes approved in previous months by Owner Total approved this Month TOTALS NET CHANGES by Change Order The undersigned Contractor certifies that to the best of the Contractor's knowledge, infor- mation and belief the Work covered by this Application for Payment has been completed in accordance with the Contract Documents, that all amounts have been paid by the Contractor for Work for which previous Certificates for Payment were issued and pay- ments received from the Owner, and that current payment shown herein is now due. CONTg9C ORLeach & Russell Mechanical Contractors, Inc By: State of: Indiana County of:Hamiltori Subscribed and sworn to before me this 1 9th +ay of Marc Notary Pub My Commission 'xpires: 03 1 /17 2010 Date: 3/19/10 CERTIFICATE FOR PAYMENT 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 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 CERTIFIED. $ 22 ?4 (.Or/ (Attach explanation if amount certified differs from the amount applied for Initial all figures on this Application and on the Continuation Sheet that changed to conform to the amqunt cer ified.) AMOUNT CERTIFIED CONSTRUCTI . N .NAGER: By • �(/�` I Date ARCHITE By: Date: Th'. Certific e is not negotiable. The AMOUNT CERTIFIED is payable only to the Con - tr ctor na red herein. Issuance, payment and acceptance of payment are without p ejudic= to any rights of the Owner or Contractor under this Contract. X.27_ e/' 1' ig AIA DOCUMENT G702JCMa • APPLICATION AND CERTIFICATE FOR PAYMENT • CONSTRUCTION MANAGER- ADVISER EDITION 1992 EDITION • AIA© • ©1992 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, NW., WASHINGTON, D.C. 20006 -5292 • WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. G702 /CMa -1992 CAIITION• Vnu chnuId nee an nrininal AIA document which has this cautinn nrintid in red. An nrininal assures that channec will not he nhscured as may occur when documents are reorndnced. CONTINUATION SHEET G703 AIA Document G702, APPLICATION AND CERTIFICATE FOR PAYMENT, containing.CONTRACTOR'S signed Certification is attached. In tabulations below, amounts are stated to the nearest dollar. Use Column I on Contracts where variable retainage for line items may apply. Carmel Energy Ctr Phase II SSC #3663 PAGE 2 OF 2 PAGES APPLICATION NUMBER: APPLICATION DATE: PERIOD TO: A T • 2 Mar 31,2010 Mar 31,2010 A B C D E F G H I WORK COMPLETED TOTAL COMP. ITEM DESCRIPTION OF WORK SCHEDULED STORED AND STORED % BALANCE TO RETAINAGE NO VALUE PREVIOUS THIS PERIOD MATERIALS FINISH APPLICATIONS (NOT IN D OR E) TO DATE (G /C) (C -G) 10% (D +E +F) Bond 14,000 14,000 - - 14,000 100% - 1,400 Allowance 25,000 - - - - 0% 25,000 - HVAC Equipment- Material 422,787 - 21,139 - 21,139 5% 401,648 2,114 HVAC Equipment- Labor 27,728 - - - - 0% 27,728 - Electrical- Material 9,700 - 970 - 970 10% 8,730 97 Electrical- Labor 8,200 - 820 - 820 10% 7,380 82 Temp Controls- Material 30,000 - - - - 0% 30,000 - Temp Controls- Labor 25,000 - 2,500 - 2,500 10% 22,500 250 Sheet Metal- Material 2,991 - - - - 0% 2,991 - Sheet Metal- Labor 1,994 - - - - 0% 1,994 - Insulation- Material 2,240 - - - - 0% 2,240 - Insulation- Labor 3,360 - - - - 0% 3,360 - TOTAL 573,000 14,000 25,429 - 39,429 7% 533,571 3,943 1►� PPLACATIOlN AN CERTOFOC {TE FO PAYMENT CONSTRUCTION MANAGER- ADVISER EDITION Lei AIA DOCUMENT G702 /CMa (Instructions on reverse side) PAGE ONE OF PAGES TO OWNER: City of Carmel Redevelopment c/o Shiel Sexton Co. 902 N. Capitol Av. Indianapolis, IN 46244 -0107 FROM CONTRACTOR: Leach & Russell Mechanical Contractors, Inc. 9151 Ford Circle, Fishers, IN 46038VIA CONSTRUCTION CONTRACT FOR: Mechanical VIA ARCHITECT: PROJECT:Carmel Energy Center Parcel 7C Phase II Expansion Shiel Sexton Project #3663 Carmel, Indiana MANAGER: Shiel APPLICATION NO.: 3 Distribution to: PERIOD TO:4/30/10 ❑ OWNER PROJECT NOS.: 3663 -2000 0 CONSTRUCTION MANAGER CONTRACT DATE:, 12/21 /09 ❑ ARCHITECT ❑ CONTRACTOR Sexton Co. INVOICE #19538 (367) CONTRACTOR'S APPLICATION FOR PAY ,1 ENT Application is made for payment, as shown below, in connection with the Contract. Continuation Sheet, AIA Document G703, is attached. 1. ORIGINAL CONTRACT SUM s 573,000 2. Net Change By Change Orders $ 3. CONTRACT SUM TO DATE (Line t ± 2) s 573,000 4. TOTAL COMPLETED & STORED TO DATE s 298,369 (Column G on G702) 5. RETAINAGE: a. 5 % of Completed Work s 28,650 (Columns D + E on G703) b. % of Stored Material s (Column F on G703) Total Retainage (Line 5a + 5b or Total in Column I of G703) 6. TOTAL EARNED LESS RETAINAGE S 28,650 269,719 (Line 4 less Line 5 Total) 7. LESS PREVIOUS CERTIFICATES FOR PAYMENT 35 486 (Line 6 from prior Certificate) S 8. CURRENT PAYMENT DUE 9. BALANCE TO FINISH, INCLUDING RETAINAGE (Line 3 Tess Line 6) S 303,281 $ 234,233 CHANGE ORDER SUMMARY ADDITIONS DEDUCTIONS Total changes approved in previous months by Owner Total approved this Month TOTALS NET CHANGES by Change Order The undersigned Contractor certifies that to the best of the Contractor's knowledge, infor- mation and belief tJie Work covered by this Application for Payment has been completed in accordance with the Contract Documents, that all amounts have been paid by the Contractor for Work for which previous Certificates for Payment were issued and pay- ments received from the Owner, and that current payment shown herein is now due. CONTRACTOR:Leach & Russell Mechanical Contractors, Inc By: State of: Indiana County of :Hamilton Subscribed and sworn to before me this 13th day of April 2010 Notary Publi My Commission expires: 03/05/17 e;,'i Date•4 /1 R./10 CERTIFICATE FOR PAYMENT 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 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 CERTIFIED. AMOUNT CERTIFIED s Z34 `Z$ (Attach explanation if amount certified differs from the amount applied for Initial all figures on this Application and 011 the Continuation Sheet that changed to conform to the amount certified.) CONS RUC ON MANAGER: Date: 4•Z7. ZGIC Date• q 2.9 4w This Certificate is not negotiable. The AMOUNT CERTIFIED is paya c only to the Con- tractor named herein. Issuance, payment and acceptance of payment are without prejudice to any rights of the Owner or Contractor under this Contract. AIA DOCUMENT G7D2ICMa • APPLICATION AND CERTIFICATE FOR PAYMENT • CONSTRUCTION MANAGER - ADVISER EDITION 1992 EDITION • AIA • ©1992 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W„ WASHINGTON. c D.C. 20406 -5292 • WARNING: Unlicensed photocopying violates US. copyright laws and will subject the violator to legal prosecution. G 7O2 /CMa -1992 rnr,T,roo. '.I_.. ^r` ^..ra ..en an nrtntnal AIA rtnm,mnnt whlnh has thlq raiitinn nrinferl In red. An nil :final agattrna that channen will not he nhgcurrrl ax coal/ nrt,ir when rfnnlimnntc ArP ranmdur.Pri. CONTINUATION SHEET G703 AIA Document G702, APPLICATION AND CERTIFICATE FOR PAYMENT, containing CONTRACTOR'S signed Certification is attached. In tabulations below, amounts are stated to the nearest dollar. Use Column I on Contracts where variable retainage for line items may apply. 1 A{ B C D j E ITEM NO. DESCRIPTION OF WORK Bond Allowance HVAC Equipment- Material HVAC Equipment- Labor Electrical- Material Electrical- Labor Temp. Controls- Material Temp Controls- Labor Sheet Metal- Material Sheet Metal- Labor Insulation- Material Insulation- Labor SCHEDULED VALUE 14,000. 25,000 422,787 27,728 9,700 8,200 30,000 25,000 2,991 1,994 2,240 3,360 Carmel Energy Ctr Phase 11 SSC #3663 PAGE 2 OF 2 PAGES APPLICATION NUMBER: APPLICATION DATE: PERIOD TO: ARCHITECT'S PROJECT NO: G H TOTAL COMP. AND STORED , BALANCE TO MATERIALS FINISH (NOT IN D OR E) TO DATE (GIC) (C -G) (D +E +F) 14,000 1'00% 0 % 232,533 55% 15,250 55% 6,790 70% 4,510 55% 18,000 60% 2;500 10% 2,991 100% 1,795 90% - 0% - 0% WORK COMPLETED PREVIOUS APPLICATIONS 14,000 21,139 970 820 2,500 THIS PERIOD 211,394 15,250 5,820 3,690 18,000 2,991 1,795 573,000 1 39,429 258,940 STORED 298,369 1 52% 274,631 3 Apr 30,2010 Apr 30,2010 RETAINAGE 5% - 700 25,000 1,250 190,254 i 21,139 12,478 i 1,386 2,910 ; 485 3,690 410 12,000 1,500 22,500 1,250 150 199 100 2,240 112 3,360 ! 168 28,650 f '`� AFPLIL AI IUP1 ARILS l.tIi I IF'IUM1 t rum IrAV IVIMIV 1 CONSTRUCTION MANAGER- ADVISER EDITION MA DOCUMENT G702 /CMa (Instructions on reverse side) PAGE ONE OF PAGES TO OWNER: City of Carmel Redevelopment c/o Shiel Sexton Co. 902 N. Capitol Av. Indianapolis, IN 46244 -0107 FROM CONTRACTOR: Leach & Russell Mechanical Contractors, Inc. 9151 Ford Circle, Fishers, IN 46038VIA CONSTRUCTION MANAGER: Shiel CONTRACT FOR: Mechanical VIA ARCHITECT: PROJECT': Carmel Energy Center Parcel 7C APPLICATION NO.: 4 Distribution to: Phase II Expansion PERIOD TO: 5/31/10 ❑ OWNER Shiel Sexton Project #3663 PROJECT NOS.: 3663 -2000 ❑ CONSTRUCTION Carmel, Indiana MANAGER CONTRACT DATE:, 1 2/21 /09 ❑ ARCHITECT ❑ CONTRACTOR Sexton Co. INVOICE# 19721 (367) CONTRACTOR'S APPLICATION FOR PAYMENT Application is made for payment, as shown below, in connection Continuation Sheet, AIA Document G703, is attached. 1. ORIGINAL CONTRACT SUM $ 573,000 2. Net Change By Change Orders $ 3. CONTRACT SUM TO DATE (Line 1 ± 2) 4. TOTAL COMPLETED & STORED TO DATE (Column G on G702) 5. RETAINAGE: a 5 %, of Completed Work g 28, 650 (Columns D + E on G703) b %, of Stored Material (Column F on G703) Total Retainage (Line 5a + 5b or Total in Column I of G703) 6. TOTAL EARNED LESS RETAINAGE (Line 4 less Line 5 Total) 7. LESS PREVIOUS CERTIFICATES FOR PAYMENT (Line 6 from prior Certificate) $ with the Contract. $ 573,000 $ 519,627 $ 28,650 490,977 $ 269,719 $ 8. CURRENT PAYMENT DUE 221,258 9. BALANCE TO FINISH, INCLUDING RETAINAGF82 023 (Line 3 less Line 6) $ CHANGE ORDER SUMMARY ADDITIONS DEDUCTIONS Total changes approved in previous months by Owner Total approved this Month TOTALS NET CHANGES by Change Order The undersigned Contractor certifies that to the best of the Contractor's knowledge, infor- mation and belief the Work covered by this Application for Payment has been completed in accordance with the Contract Documents, that all amounts have been paid by the Contractor for Work for which previous Certificates for Payment were issued and pay- ments received from the Owner, and that current payment shown herein is now due. CONTRAC R:Leach & Russell Mechanical Contractors, inc State of: Indiana County of:Hamilton Subscribed and sworn to before day of May By Date: 5/13/10 me this 13th Notary Pub 010 My Commission expires: 03/05/17 CERTIFICATE FOR PAYMENT 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 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 CERTIFIED. AMOUNT CERTIFIED $ -'L I)e3t) (Attach explanation if amount certified differs from the amount applied for Initial all figures on this Application and on the Continuation Sheet that changed to conform to the amount certified.) CONSTR ICTIi1 N AGER: By• y e� Date• ; � i ARCHI r� By- Date • .'2.et This Certificate is not negotiable. The AMOUNT CERTIFIED is payable only to the Con- tractor named herein. Issuance, payment and acceptance of payment are without prejudice to any rights of the Owner or Contractor under this Contract. AIA DOCUMENT G702ICMa • APPLICATION AND CERTIFICATE FOR PAYMENT • CONSTRUCTION MANAGER - ADVISER EDITION 1992 EDITION • AIA® • ©1992 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON. DC. 20006 -5292 • WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. G7O2 /CMa -1992 RAIITIruu- vnu chnuld nen an nrininal AlA dnrnmont which hag this caution nrinted in reri_ An nrininal assures that rhannes will not he nhsnirpd as may nrrur when dnruments are renrnduced. CONTINUATION SHEET G703 AIA Document G702, APPLICATION AND CERTIFICATE FOR PAYMENT, containing.CONTRACTOR'S signed Certification is attached. In tabulations below; amounts are stated to the nearest dollar. Use Column I on Contracts where variable retainage for line items may apply. Carmel Energy Ctr Phase II SSC #3663 PAGE 2 OF 2 PAGES APPLICATION NUMBER: APPLICATION DATE: PERIOD TO: ARCHITECT'S PROJECT NO: 4 May 31,2010 May 31,2010 A B C D j E F G H I WORK COMPLETED TOTAL COMP. ITEM OF i SCHEDULED STORED AND STORED % BALANCE TO RETAINAGE NO. DESCRIPTION WORK VALUE PREVIOUS THIS PERIOD MATERIALS FINISH APPLICATIONS (NOT IN D OR E) TO DT DATE (G/C) ( ) (C -G) 5% (D +E +F) Bond 14,000 14,000 - - 14,000 100% - 700 Allowance 25,000 - - - - 0% 25,000 1,250 HVAC Equipment- Material 422,787 232,533 190,254 - 422,787 100% - 21,139 HVAC Equipment- Labor 27,728 15,250 9,705 - 24,955 90% 2,773 1,386 Electrical- Material 9,700 6,790 2,910 - 9,700 100% - 485 Electrical- Labor 8,200 4,510 3,690 - 8,200 100% - 410 Temp Controls- Material 30,000 18,000 4,500 - 22,500 75% 7,500 1,500 Temp Controls- Labor 25,000 2,500 10,000 - 12,500 50% 12,500 1,250 Sheet Metal- Material 2,991 2,991 - - 2,991 100% - 150 Sheet Metal- Labor 1,994 1,795 199 - 1,994 100% - 100 Insulation- Material 2,240 - - - - 0% 2,240 112 Insulation- Labor 3,360 - - - - 0% 3,360 168 TOTAL 573,000 298,369 221,258 - 519,627 91% 53,373 28,650 PARTIAL (XX) AFFIDAVIT AND WAIVER OF LIEN FINAL ( ) PAYMENT TO FOLLOW 0 ) State of Indiana, County of Hamilton, SS: Michael S. Russell being duly sworn states that he is the CFO of Leach & Russell Mechanical Contractors, Inc. having contracted with the CITY OF CARMEL REDEVELOPMENT COMMISSION to furnish certain material and /or labor as follows: BID, PiCG 2000 - MECHANICAL AND EVAC for the project known as PARCEL 7C - ENERGY CENTER: PHASE II EXPANSION and does hereby further state on behalf of the aforementioned contractor: (PARTIAL) that there is due from the owner for Payment Application ;; 1 the sum of TWELVE THOUSAND SIX HUNDRED AND 00/100 DOLLARS ($12,600.00). (X) receipt of which is hereby acknowledged or () the payment of which has been promised as the sole consideration of this Affidavit and Partial Waiver of Lien which is given solely with respect to said amount, and which waiver shall be effective only upon receipt of payment thereof by the undersigned: (FINAL) that the final balance due from the owner for above project is the sum of () receipt of which is hereby acknowledged or () the payment of which has been promised as the sole consideration of this Affidavit and Final Waiver of Lien which shall be effective only upon receipt of such payment 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 materials, or both, furnished by the undersigned thereto, and further certifies that no other party has any claim or rights 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. CLAIMANT: Leach & Russell Mechanical By: 9151 Ford Circle ichael S. Russell Fishers, IN 46038 CFO SWORN to and subscribed before me this 19th day of April, 2010. J Pr'nted: Karen C. Brown My Commission Expires 03/05/17 Seal: Residing in Hamilton County.