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HomeMy WebLinkAboutWaltek - $53,650 Disbursement instructions (PAC Acoustical Equipment) Regions Bank hereby Is instructed to make a disbursement of Loan Proceeds from the Borrower Loan Account to(or for the account of)Borrower In:(a)the amount of the'Total Authorized Disbursement'line in the"Amount of Authorized Disbursement"column below;and(b)accordance with the terms and conditions of the Agreement,the other Loan Documents,and the Disbursement Instructions. Purpos•of Authorized Disbursement Amount of Authorized Disbursement AMeta+ To 6e 64 Ly V;)k9e nad1ut, Appl;ra$inii 19 (WaIfek) fl4rCA 2011 . s7 6So. 0° Total Authorized Disbursement 3 '` brie «,i ', .a°`'` All terms used In these Disbursement Instructions without definition shall have the meanings ascribed thereto In that certain Loan Agreement(PAC Acoustical Equipment),dated January 28,2010,by and between Lender and Village Financl , LLC. Dated: 7/7 /f CITY OF CARMEL REDEVELOPMENT COM ISSION By Printed Les S. O(ds Title E X e c t;'f i Ve Di►-e doh Draft PAC Acoustical Equipment (Waltek) Up Through November 2009 Total Contract Amounts through application 9 Completed and Stored to date S 141,830.00 Retention held $ 14,183.00 Paid to date $ 127,647.00 Amount reimbursed to CRC $ 127,647.00 December 2009 Total Contract Amount for application 10 Completed and Stored to date S 5,750.00 Retention held $ 575.00 To be paid $ 5,175.00 Paid by Village Financial $ 5,175.00 January 2010 Paid by Village Financial S 1,350.00 February 2010 Paid by Village Financial S 2,340.00 June 2010 Paid by Village Financial S 662,918.00 August 2010 Paid by Village Financial $ 10,000.00 September 2010 Paid by Village Financial $ 117,500.00 October 2010 Paid by Village Financial $ 117,500.00 December 2010 Paid by Village Financial $ 3,445.00 March 2011 Amount to be paid by Village Financial S ;SZ656;00i: 50 APPLICATION AND CERTIFICATE FOR PAYMENT AIA DOCUMENT G702/CMa (Instructions on reverse side) PAGE ONE OF 2 PAGES TO CONSTRUCTION MGR::Carmel Redevelopment PROJECT APPLICATION NO.: #19-Retention Distribution to: P Cannel Performing Arts Center El Commission 777 Third Avenue, SW PERIOD TO: 3-31-11 OWNER One Civic Square Carmel,IN 46032 PROJECT NOS.: 2695 I=I CONSTRUCTION Carmel,IN 46032 Subcontract#2695-5550 MANAGER FROM SUB-CONTRACTOR: WALTEK&Company,Ltd. CONTRACT DATE: 02-27-2009 ❑ ARCHITECT 2130 Waycross Road El CONTRACTOR Cincinnati,OH 45240-2719 VIA ARCHITECT:CSO ARCHITECTS. CONTRACT FOR: Acoustical Canopy CONTRACTOR'S APPLICATION FOR PAYMENT 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 Application is made for payment, as shown below,in connection with the Contract. in accordance with the Contract Documents,that all amounts have been paid by the Continuation Sheet,AIA Document G703,is attached. Contractor for Work for which previous Certificates for Payment were issued andpay 1. ORIGINAL CONTRACT SUM s $1,360,000.00 ments received from th- • •• - , . . at current payment shown hesIdin is now due. CONTRACTOR: tam. 4,...,.`' ARIA4- �t 2. Net Change By Change Orders $ ($207,000.00) S .. 3 CONTRACT SUM TO DATE (Line I± 2) $ $1,153,000.00 By' fR�� y CF' Date: 3-30-0 , '\1C/IJ�Fy�., 4 TOTAL COMPLETED&STORED TO DATE $1,105,525.00 State of: Ohio i ~ GN°. i J $ Count of: Hamilton 0 (Column G on G702) y 1• • �\ Subscribed and sworn to before , ! ± n 5. RETAINAGE: me this 30th day of March,2011. .i�,FfITY .1 a. %of Completed Work s $0.00 (Columns D+E on 0703) ' � b. %of Stored Material $ $0.00 (Column F on 0703) 1' '- -'-'-'�Q My Commission expires: Total Retainage(Line 5a+5b or Notary Public: Total in Column I of 0703) S $0.00 CERTIFICATE FOR PAYMENT 6. TOTAL EARNED LESS RETAINAGE $ $1,105,525.00 In accordance with the Contract Documents,based on on-site observations and the data (Line 4 less Line 5 Total) comprising this application,the Construction Manager and Architect certify to the Owner 7. LESS PREVIOUS CERTIFICATES FOR PAYMENT that to the best of their knowledge, information and belief the Work has progressed as (Line 6 from prior Certificate) s $1,047,875.00 indicated, the quality of the Work is in accordance with the Contract Documents. and the Contractor is entitled to payment of the AMOUNT CERTIFIED. �� 8. CURRENT PAYMENT DUE S $57,650.00 AMOUNT CERTIFIED $ I 6_0- 9. BALANCE TO FINISH, INCLUDING RETAINAGE (Attach explanation if amount certified differs from the amount applied for,Initial (Line 3 less Line 6) s 47A.7E444;k-QO- all figures on Ibis Application and on thtuanjohedt that changed to conform to the amount ce tified.) / CH1YOF ORDER SUMMARY ADDITIONS DEDUCTIONS CO TRUCTIO AN GER: t Total changes approved in By: ' ;; I/A."(Jea ,m Date: ©-3/3///r previous months by Owner $0.00 ($207,000.00) AR H • _ Total approved this Month $0.00 $0.00 TOTALS $0.00 By' Ira Date Date: 1 ($207,000.00) This Certificate is not negotiable.The AMOUNT CERTIFIED is payable only to the Con- NET CHANGES by Change Order ($207,000.00) tractor named herein. Issuance,payment and acceptance of payment are without prejudice to any rights of the Owner or Contractor under this Contract. AIA DOC IJMENT G702/CMa-APPLICAJ ION AND CERTW ICNI F FOR RoWMENT-CONSTRUCTION MANAGER-ADV ISH EDITION i 1992 EDITION-AIA'—-K1992-THE AMERICAN INSTITUTE OF ARCHITECTS,I-1—NE\X YORK AVENUE.N .\XAS'11INGA-ON' E,` • DC 20006--292-WARNING,Unlicensed photocopying violates U.S.copyright laws and in subject the violator to legal prosecution. G702/Ca-1992 CARMEL PERFORMING ARTS CENTER AIA DOCUMENT G703 Construction Manager: Shiel Sexton Job# 2695 Contract # 2695-5550 APPLICATION NUMBER : 19-RETENTION AIA DOCUMENT G702, APPLICATION AND CERTIFICATE FOR PAYMENT, CONTAINING APPLICATION DATE: CONTRACTOR'S SIGNED CERTIFICATION IS ATTACHED. PERIOD TO: 30-Mar-2011 IN TABULATIONS BELOW, AMOUNTS ARE STATED TO THE NEAREST DOLLAR. REVISED DATE: USE COLUMN I ON CONTRACTS WHERE VARIABLE RETAINAGE FOR LINE ITEMS MAY APPLY. ARCHITECTS PROJECT NO: A B C D E F G H I ITEM DESCRIPTION OF WORK SCHEDULED WORK COMPLETED MATERIALS TOTAL % BALANCE RETAINAGE NO VALUE FR PREVIOUS THIS PRESENTLY COMPLETED & (G/C) TO FINISH APPLICATION PERIOD STORED STORED TO DATE (D+E) (not in D or E) (D+E+F) (C-G) 1. ENGINEERING 140,000.00 140,000.00 - 140,000.00 100% - - 2. MOBILIZATION 10,000.00 10,000.00 - 10,000.00 100% - - 3. SPACE FRAME SYSTEM: Material 269,000.00 269,000.00 - - 269,000.00 100% - - 4. LAMINATED ACOUSTICAL GLASS: Material 446,000.00 446,000.00 - - 446,000.00 100% - - 5. ON-SITE INTALLATION 235,000.00 235,000.00 - 235,000.00 100% - - 6. OWNER ALLOWANCE 1 250,000.00 205,525.00 - 205,525.00 82% 44,475.00 - 7. OWNER ALLOWANCE 2 10,000.00 7,000.00 - 7,000.00 70% 3,000.00 -- 8. C/O #1 - Allowance Reduction (207,000.00) (207,000.00) - (207,000.00) 100% - - 9. C/O #2 - Work Performed in C/0 41 - - - - 0% TOTAL - THIS APPLICATION 1,153,000.00 1,105,525.00 - - 1,105,525.00 96% 47,475.00 - PARTIAL LIEN WAIVER - SUBCONTRACTORISUPPLIE0 WALTEK & Company, Ltd (Subcontractor), upon receipt and clearance of payment of Fifty Seven Thousand Six Hundred Fifty & 00/100 Dollars ($57,650.00) from Shiel Sexton (Contractor) paid in connection with the construction of the Carmel Performing Arts Center(the project) hereby executes this Partial Lien Waiver and waives and releases any and all lien rights accruing for materials and services furnished through March 30, 2011 (which includes the applicable retention balance of $57,650.00 as of March 30, 2011), for which the above payment is made. The undersigned represents that all employees, laborers, materialmen and subcontractors employed by the undersigned in connection with the Project and all bills currently due for labor, materials, supplies and taxes furnished in connection with the Project, have been fully paid their respective portions of previous payments. This Partial Lien Waiver is executed in consideration of the payment of said amount and is effective only to the extent of such payment. Dated this 3°M day of ,174,tc,a , 2011. WALTEK&Co = n Sworn to and subscribed before me this By: 2 day of \"&0.56n , 2011 (Officer Signature) A/1440 4 A---..ex-m>../- (Printed Name) - (Notary Public) (Title-Officer of the Company) **** MO ARMY hblk,Staten* 7"i 11.264013 .:M Bond No. ACC-389 CONSENT OF OWNER ❑ SURETY COMPANY CONTHIRACTOR El TO FINAL PAYMENT SURETY ❑ OTHER (SIMILAR TO AIA DOCUMENT G707) PROJECT: Parcel 7A,Regional Performing Arts Center (name,address)Acoustical Canopy-Carmel,IN 46032 TO (Owner) ARCHITECTS PROJECT NO: #2695 City of Carmel,Redevelopment Commission -I CONTRACT FOR: Bid Pkg.#5550 One Civic Square Interior Finish Carmel,IN 46032 Agreement #2695-5550 I CONTRACT DATE: February 27,2009 CONTRACTOR:WT Acquisition Company,Ltd.dba Waltek&Company, Ltd. In accordance with the provisions of the Contract between the Owner and the Contractor as indicated above, the(hero insert name and address of Surety Company) Allegheny Casualty Company PO Box 1116,Meadville;PA 16335-7116 ,SURETY COMPANY, on bond of(here insert name and address of Contractor) WT Acquisition Company,Ltd.dba Waltek&Company, Ltd. 2130 Waycross Road,Cincinnati,OH 45240 ,CONTRACTOR, hereby approves of the final payment to the Contractor, and agrees that the final payment to the Contractor shall not relieve the Surety Company of any of its obligations to(here insert name and address of owner) City of Carmel,Redevelopment Commission One Civic Square,Carmel,IN 46032 ,OWNER, as set forth in the said Surety Company's bond. IN WITNESS WHEREOF, The Surety Company has hereunto set its hand this 18th day of March , 2011 . Allegheny Casualty Company Surety Company � ; Signature of Authorized Representative Attest: Ronald Kaihoi Brad Koosmann (Seal): Attorney-in-Fact Title Note:This form is intended to be used as a companion document to the Contractor's Affidavit of Payment of Debts and Claims,Current Edition ACKNOWLEDGEMENT OF SURETY STATE OF MINNESOTA — COUNTY OF CHIPPEWA _ On this 18th day of March , 2011 ,before me, a Notary Public within and for said County, personally appeared Ronald Kaihoi to me personally known, who being by me duly sworn he/she did say that he/she is the attorney-in-fact of Allegheny Casualty Company , the corporation named in the foregoing instrument, and the seal affixed to said instrument is the corporation seal of said corporation, and sealed on behalf of said corporation by authority of its Board of Directors and said Ronald Kaihoi acknowledged said instrument to be the free act and deed of said corporation. t NOTARY PUBLIC My Commission Expires t j3 i I),„,5 Al c�.,sc7,y;;: °.e; = Notary Public-Minnesota vi '''My C rr ki.r4on Expires.';r131,2015 „y 2130 Waycross Road Cincinnati, Ohio 45240-2719 a• 5135.7777..7990 Fax 5w5w7e9k8l0 td.com Certificate No. 08-1225 WALTEK & Company,Ltd. LIMITED WARRANTY (Not Transferable) Specification Sections Warranty Period 05 70 05—Acoustic Canopy Space Frame: Spaceframe design, engineering, fabrication& installation workmanship 5 years Laminated Glass 5 years WALTEK & Company, Ltd. (WALTEK) warrants that the materials, fabrication, and workmanship provided by WALTEK installed on the premises of: City of Carmel, Indiana November 8, 2010 Name of Owner Date of Installation One Civic Square Street Carmel, Indiana 46032 City State Zip are warranted for a period of(See Abovel year(s), from the date of installation, to the property owner against any defects in material or workmanship occurring as a direct result of the manufacturing process, as to the structural parts and components of the basic materials furnished, as a part of Contract No. 2695-5550 under normal use and service, subject to all of the terms and conditions contained in this warranty certificate. & C o m p an y , L t d WALTEK Limited Warranty This warranty only covers defects of engineering, design, manufacturing, and installation provided by WALTEK as specified herein and does not include defects or damages attributable to normal weathering or defects or damages caused by misuse, abuse, accidents or fire, flood or other acts of God, vandalism, riot or civil disorder,building settlement, structural failure of walls or foundation or any other circumstances beyond the reasonable control of WALTEK. This warranty is for the sole benefit of the original owner and may not be assigned or transferred. It is expressly limited to material cost or repair or replacement of defective parts or components, f.o.b. the nearest shipping point to the Project Site, not exceeding original selling price. The word "defects" as used in this warranty is defined as imperfections which impair the utility of the product. Minor cosmetic problems are not defects. Any claims for defects under this warranty must be submitted in writing to WALTEK, 2130 Waycross Road, Cincinnati, Ohio 45240, promptly after discovery, describing the defect claimed and referring to the warranty certificate number and date of issuance, together with proof of purchase. Allow a reasonable time for inspection purposes. If, after inspection by WALTEK, it is determined that the claim is valid under the provisions of this warranty, WALTEK agrees, at its option, to repair or replace part of component without charge. This warranty becomes effective only when the bills for materials, installation, supplies, and service have been paid in full and the owner has requested registration of the guarantee. Page 2 of 3 S:\Carmel Performing Arts Center\Warranty.doc 8,7110 WALTEK Limited Warranty THE WARRANTY CONTAINED IN THIS LIMITED WARRANTY CERTIFICATE IS THE SOLE EXPRESSED WARRANTY GIVEN BY WALTEK FOR THE Cannel Regional Performing Arts Center 777 Third Avenue, Southwest Carmel, Indiana Name of Project Street City/State THE PROVISION HERETO SHALL CONSTITUTE THE PROPERTY OWNERS' EXCLUSIVE REMEDY FOR BREACH OF THE WARRANTY GIVEN IN THIS WARRANTY CERTIFICATE. THERE IS NO OTHER WARRANTY. TO THE EXTENT PERMITTED BY LAW, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS IS HEREBY EXCLUDED OR IS EXPRESSLY LIMITED TO THE DURATION OF THIS WRITTEN WARRANTY AND WALTEK SHALL NOT HAVE ANY RESPONSIBILITY FOR SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES. ✓n - Au,60 nature August 2, 2010 Date Page 3 of 3 S:\Carmel Performing Arts Center\Warranty.doc 8!2.'10