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HomeMy WebLinkAboutCincinnati Floor - $2,325.62 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 Wood Flooring installment purchase contract Application 10(Cincinnati Floor Company) September 2011 $ 2,325.62 Total Authorized Disbursement $ 2,325.62 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 National Bank of Indianapolis and Carmel Theater Development Company, LLC. Dated: 10/1-1 //i CITY OF CARMEL REDEVELOPMENT 777 COMMISSION By: 11110,./.. Les S. Olds Printed: Executive Director Title: Draft Wood Flooring (Cincinnati Floor Company) May 2009(Application 1) Amount reimbursed by Carmel Theater Development Company $ 4,911.30 August 2010 Paid by Carmel Theater Development Company $ 89,228.70 September 2010 Paid by Carmel Theater Development Company $ 383,103.00 October 2010 Paid by Carmel Theater Development Company $ 94,292.00 November 2010 Paid by Carmel Theater Development Company $ 59,735.00 April 2011 Paid by Carmel Theater Development Company $ 23,174.88 April 2011 (2) Paid by Carmel Theater Development Company $ 24,723.00 June 2011 Paid by Carmel Theater Development Company $ 2,965.00 June 2011 (2) Paid by Carmel Theater Development Company $ 10,000.00 September 2011 Amount to be paid by Carmel Theater Development Company $ 2,325.62 mtl/'S� ® TM Document G702 - 1992 ,y Application and Certificate for Payment In TO . 4Renter Green CM �gional Performing Arts Center APPLICATION NO ''September 30,2011 Distribution to: Carmel, In 46032 One Center Green PERIOD TO: OWNER ❑ CFC JOB# IW443 CONTRACT FOR: ARCHITECT ❑ FROM CONTRACTOR: VIA ARCHITECT: CONTRACT DATE March 23, 2009 CONTRACTOR ❑ Cincinnati Floor Company, Inc Z6r35 8320 Brookville Rd, Suite M CFC INBWEiT NOS: 36811 / / FIELD ❑ Indianapolis IN 46239 CSO DATE OF INV: 9/27/2011 OTHER ❑ Rra7illian Cherry Slaarar/Qtdbflpnr c41 FCMAN• KAP CONTRACTOR'S APPLICATION FOR PAYMENT The undersigned Contractor certifies that to the best of the Contractor's knowledge, information Application is made for payment,as shown below,in connection with the Contract. 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 Continuation Sheet,AIA Document 0703,is attached. which previous Certificates for Payment were issued and payments received from the Owner, and 1.ORIGINAL CONTRACT SUM $ 689,495.00 that current payment shown herein is now due. 2.Net change by Change Orders $ 4,963.50 CONTRACTOR: 694,458.50 Inclnn Floor Co, Inc: 3.CONTRACT SUM TO DATE(Line I ±2) $ By: Date: 4,TOTAL COMPLETED&STORED TO DATE(Column G on G703) $ 694 458 50 State of: 9/27/2011 5.RETAINAGE: County of: IN Zack Maricle, Contract Manager a. %of Completed Work Subscribed and swMARI6.Nore (Column D+Eon G703) $ me thg7 day ofSEPTEMBER, 2011 PEGGY Laliii.,'E b. %of Stored Material ,e 'MARY PI;BLIC r SEAL(Column F on G703) $ Notary Public: ( v�J1`^^"" STATE OF NDIAil A , , Y r, My Commission expi e 11tyNrrtmissirol,E'xt^iies lu? 4 2C'S. Total Retainage(Lines 5a+5b or Total in Column I of G703) $ , A -pi 6.TOTAL EARNED LESS RETAINAGE $ 694.458.50 ARCHITECT'S CERTIFICATE FOR PAYMENT '.'' / „' s ,, (Line 4 Less Line 5 Total) In accordance with the Contract Documents,based on on-site observation's and?the.data comprising 7.LESS PREVIOUS CERTIFICATES FOR PAYMENT $ 692132 88 this application, the Architect certifies to the Owner that to the best of the Architect's knowledge, information and belief the Work has progressed as indicated, the quality of the Work is in (Line 6 from prior Certificate) accordance with the Contract Documents, and the Contractor is entitled to payment of the 8.CURRENT PAYMENT DUE $ 2,325.62 AMOUNT CERTIFIED. CO 9.BALANCE TO FINISH,INCLUDING RETAINAGE AMOUNT CERTIFIED $ Pi.., y�.,,,,:, (Line 3 less Line 6) $ (Attach explanation if amount certified differs from the amount applied. Initial all figures on this Application an the Continuation Sheet that are changed to conform with the nnount certified.) CHANGE ORDER SUMMARY ADDITIONS DEDUCTIONS ARCHITECT: Total changes approved in previous months by Owner $ $ By: Date: 1 3O, ll Total approved this Month $ $ This Certificate is not negotiable.The AMOUNT CERTIFIED is payable only to the Contractor TOTALS $ $ n• led herein;Issuances payment an, acceptance • payment are without prejudice to any rights of t e , A i er th' / , NET CHANGES by Change Order $ j > � Ile' CAUTION:You should sign an original AIA Contract Document,on which this text appears in RE• i tr-.. i•:. / e.: obscured. 0 9 5© '' AIA Document G702TM—1992.Copyright ©1953,1963,1965,1971,1978,1983 and 1992 by The American Institute of Architects.All r'• s reserved.WARNING:This AlA® Document is protect d 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. * ATA® =''= A Document G702"- 1992 Instructions Application and Certificate for Payment GENERAL INFORMATION Purpose and Related Documents AIA Document G702, Application and Certificate for Payment, is to be used in conjunction with AIA Document G703, Continuation Sheet. These documents are designed to be used on a Project where a 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 G702, 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 A1A 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 THE G702 FORM After the Contractor has completed AIA Document G703, Continuation Sheet, summary information should be • transferred to AIA Document G702, Application and Certificate for Payment. The Contractor should sign G702, have it notarized, and submit it, together with G703, to the Architect. The Architect should review G702 and G703 and, if they are acceptable,complete the Architect's Certificate for Payment on G702. The Architect may certify a different amount than that applied for, pursuant to Sections 9.5 and 9.6 of A20`1.The ' Architect should then initial all figures on G702 and G703 that have been changed to conform to the amount certified and attach an explanation.The completed G702 and G703 should be forwarded to the Owner. MAKING PAYMENT The Owner should make payment directly to the Contractor based on the amount certified by the Architect on AIA Document G702, Application and Certificate for Payment.The completed form contains the name and address of the Contractor. Payment should not be made to any other party unless specifically indicated on G702. EXECUTION OF THE DOCUMENT , i Persons executing the document should indicate the capacity in which they are acting(i.e., president, secretary, partner, etc.) and the authority under which they are executin3_the.deui>ttent. Where appropriate, a copy of the resolution authorizing the individual to act on behalf of the firth ewrifq should be attached. . AIA Document G702TM—1992.Copyright©1953, 1963, 1965,1971,1978, 1683 and 1962 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. $A1A TM Document G703 - 1992 Continuation Sheet AIA Document G702TM,Application and Certification for Payment, APPLICATION NO: 10 containing Contractor's signed certification is attached. APPLICATION DATE: 9/27/2011 In tabulations below,amounts are stated to the nearest dollar. 9/30/2011 Use Column;I on Contracts where variable retainage for line items may apply. PERIOD T0: ARCHITECT'S PROJECT NO: $ - A B C D E F G H I WORK COMPLETED TOTAL Carmel Regional Performing Arts Centei MATERIALS BALANCE SCHEDULED FROM PREVIOUS COMPLETED PRESENTLY % TO RETAINAGE ITEM DESCRIPTION OF WORK AND STORED NO One Center Green VALUE AI'PLICATION THIS PERIOD STORED TO DATE (G=G FINISH (If variable rate) (D+E) (Not Ill DorE) (D+E+F) (C G) Bonds $ 5,457.00 $ 5,457.00 $ 5,457.00 100% Materials Platform $ 170,063.00 $ 170,063.00 $ 170,063.00 100% Brazillian Cheery Sleeper/Sub Non-Stage General Allowance $ 15,000.00 $ 15,000.00 $ 15,000.00 100% Non-Stage As Built Allowance $ 5,000.00 $ 5,000.00 $ 5,000 00 100% Labor Platform $ • 30,007.00 $ 30,007.00 $ .30,007.00 100% Brazillian Cherry Direct Apply Materials Orchestra High $ 100,026.00 $ 100,026.00 $ 100,026.00 100% Materials Orchestra Low $ 100,026.00 $ 100,026.00 $ 100,026.00 100% Material Box Tier $ 100,026.00 $ 100,026.00 $ 100,026.00 100% Labor Orchestra High $ 24,712.00 $ 24,712.00 $ 24,712.00 100% Labor Orchestra Low $ 24,712.00 $ 24,712.00 $ 24,712.00 • 100% Labor Box Tier $ 24,712.00 $ 24,712.00 $ 24,712.00 100% Material Donor Amenity $ 54,278.00 $ 54,278.00 $ 54,278.00 100% Labor Donor Amenity $ 20,476.00 $ 20,476.00 $ 20,476.00 100% Stage As Built Allowance $;i; 5,000.00 $ 5,000.00 $ 5,000.00 100%, CO#1 $ (25,000.001 $ (25,000.00 $ (25,000.0(Y, 100% CO#2 0.00 0.00 CO#3 $ 14,963.50 $ 14,963.50 $ 14,963.50 100% CO#4 $ 15,000.00 $ 12,674.38 $ 2,325.62 $ 15,000.00 100% $ .94,458.50 $ 692,132.88 $ 2,325.62 $ - $ 694,458.50 100% $ - $ - GRAND TOTAL 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. %-kiltAIA Document G701"- 1992 Instructions Continuation Sheet GENERAL INFORMATION Purpose and Related Documents.AIA Document G702T11,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 ALA Document A20I TM,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 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 ALA 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 for work in progress.Please note that dollar amounts shown below are for illustrative purposes'only,and are not intended to reflect actual construction costs. A S C I) E F G II I WORK COMPLETED TOTAL MATERIALS BALANCE COMPLETED ITEM SCIIEDULED FROM PREVIOUS PRESENTLY % TO RETAINAGE NO DESCRIPTION OF WORK VALUE APPLICATION TIIIS PERIOD STORED AND STORED TO DATE (0-C)) FINISII Clfvarinb/e role) (D+E.) (AMinDcrE( (D+E+r) (C-G) 1 MOBILIZATION 5000 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 4 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 GRAND TOTAL 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. 8320 Brookville Road Since 1894 Suite M TELEPONE: (317) 357-3562 Indianapolis, IN 46239 CINCINNATI FLOOR. FAX: (317)357-5338 COMPANY AFFIDAVIT AND FINAL WAIVER OF MECHANIC'S LIEN I, Zack Maricle , being first duly sworn, state that I am the Contract Manager of Cincinnati Floor Company (hereafter referred to as the"Company") and am familiar with the following facts stated herein: 1. The undersigned, in consideration of, and upon receipt of payment in the sum of $ 2,325.62 does hereby waive, release and relinquish any and all liens and claims for liens for labor or work performed and/or material furnished through the 30 day of SEPTEMBER, 2011 to the construction project commonly known as Carmel Regional Performing Arts Center located at One Center Green Carmel, In 46032 (hereinafter the "Project"). 2. All laborers, material men, and subcontractors or the Company have been paid for all sums which were due for work, labor and/or material machinery provided by said parties for the Project and for which the Company has received payment. 3. The Company represents that it is not aware of any Mechanic's lien having been filed by or presently threatened to be filed against the Project by any party having performed work and labor for the Company and/or furnished material, machinery, equipment, and fuel to the Company for the project. 4. This waiver excludes retainage withheld and any change order work not yet billed. Zack Maricle Contract Manager By: I\VV .V000 STATE OF INDIANA COUNTY OF MARION Sworn to and subscribed in my presence this 27 day of SEPTEMBER, 2011 "triC 1Ca' My Commission Expires: PEGGY LarUE NOTARY PUBLIC SEAL • STATE OF INDIANA My Cnmmissiori Expires Ji:Iy 4,.2015 }