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HomeMy WebLinkAboutGibraltar - $9,252 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 Authorized Disbursement Amount to be paid by Carmel Theater Development Company as per the PAC Retaining Wall/Vault Cladding installment purchase contract Application 3(Gibraltar) December 2010 $ 9,252.00 Total Authorized Disbursement $: • All terms used in these Disbursement Instructions without definition shall have the meanings ascribed thereto in that certain Loan Agreement (Equipment and Improvements), dated July 22, 2010, by and between Regions Bank and Carmel Theater Development Company, LLC. Dated: CITY OF CARMEL REDEVELOPMENT COMMISSION By: Les S. Olds Printed: Executive Director Title: It is acknowledged and agreed by the parties that CRC has reserved the right to require, as a condition of authorizing disbursement of Loan Proceeds from the Borrower Loan Account to (or for the account of) Borrower: (a) completion of a satisfactory inspection by CRC of the portions of the Equipment and/or the Improvements to which the disbursement relates; and (b) receipt of customary submittals. Draft Retaining WallNault Cladding (Gibraltar) September 2010 (application 1) Paid by the Carmel Theater Development Company $ 87,345.00 November 2010 (application 2) Paid by the Carmel Theater Development Company $ 130,966.20 December 2010 (application 3) Amount to be paid by the Carmel Theater Development Company $ 9,252.00 #:AIA= == Document G702/CMa TM - 1992 g, Application and Certificate for Payment Construction Manager-Adviser Edition TO OWNER: PROJECT: APPLICATION NO: Distribution to: . Carmel Redevelopment Commission Parcel7A,Regional Performing Arts Center 26 3 One Civic Square PERIOD TO: 12/15/10 OWNER ❑ Carmel,IN 46032 CONSTRUCTION MANAGER ❑ FROM CONTRACTOR: VIA CONSTRUCTION MANAGER: CONTRACT DATE: ARCHITECT ❑ Gibraltar Construction Corp 4/13/10 2932 N.Webster Ave. • PROJECT NOS: / / CONTRACTOR ❑ Indianapolis, IN 46219 VIA ARCHITECT: FIELD ❑ CSO Architects, Inc. CONTRACT FOR: Masonry Cladding Pkg P11 0 CONTRACTOR'S APPLICATION FOR PAYMENT The undersigned Contractor cer lfies that to the best of the Contractor's knowledge, information and belief the Work covered by this r pplication for Payment has been completed in accordance with the Application is made for payment,as shown below,in connection with the Contract. ■ Continuation Sheet,AIA Document G703,is attached. Contract Documents,that all .ms unts have been paid by the Contractor for Work for which previous Certificates for Payment w/ e 1 ssued and payments received from the Owner, and that current 1.ORIGINAL CONTRACT SUM $ 335,000.00 payment shown herein is n..,* d -. 2.Net change by Change Orders I $ 0.00 . CONTRACTOR:Gibraltar . truction Corp 3.CONTRACT SUM TO DATE(Line I ±2) $ 335,000.00 By: A/A Date: 1 ,� 4i r) 4.TOTAL COMPLETED&STORED.TO DATE(Column G on G703) $ 252,848.00 ,State of: ..� ,/f ' 1 5.RETAINAGE: County of: /' � * ,� Res, of Hancocn �_ I?y /"'� My Comm, 11-29-��' a. %of Completed Work Subscribed and w� tab re .,;., N (Column D+Eon G703) $ 25,284.80 me this .ay of y-r 1, Commission # 611862 b. %of Stored Material Notary Public: _ (Column F on G703) $ My Commission expires: ///2f----)7 Total Retainage(Lines 5a+5b or Total in Column I of G703).. $ CERTIFICATE FOR PAYMENT 22756320 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 $ 218,311.20 accordance with the Contract Documents,and the Contractor is entitled to payment of the AMOUNT (Line 6 from prior Certificate) CERTIFIED. 9 eV........ 8.CURRENT PAYMENT DUE $ 9,252.00 AMOUNT CERTIFIED $ 6 zsa 9.BALANCE TO FINISH,INCLUDING RETAINAGE (Attach explanation if amount certified differs frog.the amount applied.Initial all figures on this Application and on he Continuatooi heet th•changed to conform with the amount certified.) (Line 3 less Line 6) $ 107,436.80 CONST'.CTION p., .G.R: BY• _tv r., _ : Da te: !r 2. —49//!7 CHANGE ORDER SUMMARY ADDITIONS DEDUCTIONS ARCHITECT: ltects lnc. l 2`"M I(gr Total changes approved in previous months by Owner $ $ By: ° ' Date: Total approved this Month $ $ This Certificate is not negotiable. The AMOUNT CERTIFIED is payable only to the Contractor TOTALS $ $ • named herein. Issuance, payment and acceptance of payment are without prejudice to any rights of NET CHANGES by Change Order $ 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/CMa TM-1992.Copyright ©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. ?!k A iv 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 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/CMa 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/CMa. - . E.Making Payment r . t•,s • The Owner should make payment directly to the Contractor based on the amount certified by the Construction Manager afid_Architect.on AIA-Document G702/CMa, Application and Certificate for Payment,Construction Manager-Adviser Edition.The completed form contains the name arid'address of the'Contractor.Payment should not be made to any other party unless specifically indicated on G702/CMa. AIA Document G702/CMa TM-1992.Copyright ©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. CONTINUATION SHEET Page 2 of 2 APPLICATION AND CERTIFICATE FOR PAYMENT,containing Contractor's signed Certification, is APPLICATION NO. : 3 attached. In tabulations below,amounts are stated to the nearest dollar. Use Column I on Contracts where APPLICATION DATE: 12/15/2010 variable retainage for line items may apply. PERIOD TO: 12/15/2010 ARCHITECT'S PROJECT NO. : A B C D I E F G H I WORK COMPLETED MATERIALS TOTAL ITEM FROM PREVIOUS PRESENTLY COMPLETED AND % BALANCE TO RETAINAGE NO. DESCRIPTION OF WORK SCHEDULED VALUE APPLICATION THIS PERIOD STORED(NOT IN STORED TO DATE (G/C) FINISH (IF VARIABLE (D+E) D OR E) (D+E+F) (C-G) RATE) 1 General Allowance $25,000.00 $3,918.00 $3,918.00 16% 21,082.00 391.80 2 Additional Scope Allow. $50,000.00 $0.00 $0.00 0% 50,000.00 - 3 Supervision $2,300.00 $2,070.00 $184.00 $2,254.00 98% 46.00 225.40 4 Bonds $3,800.00 $3,800.00 $3,800.00 100% - 380.00 5 Submittals $8,500.00 $8,500.00 $8,500.00 100% - 850.00 6 Misc. General Conditions $1,200.00 $1,080.00 $96.00 $1,176.00 98% 24.00 117.60 7 —Concrete Material $1,500.00 $1,500.00 $1,500.00 100% - 150.00 8 Concrete Wall $15,000.00 $15,000.00 $15,000.00 100% - 1,500.00 9 Masonry and Limestone $150,000.00 $150,000.00 $150,000.00 100% - 15,000.00 10 Ornamental Railings and Gates $65,000.00 $45,500.00 $10,000.00 $55,500.00 85% 9,500.00 5,550.00 11 Painting $1,600.00 $1,600.00 $1,600.00 100% - 160.00 12 Waterproofing $1,500.00 $1,500.00 $1,500.00 100% - 150.00 13 Joint Sealants $1,500.00 $0.00 $0.00 0% 1,500.00 - 14 Earthwork $8,100.00 $8,100.00 $8,100.00 100% - 810.00 $335,000.00 $242,568.00 $10,280.00 $0.00 $252,848.00 75% $82,152.00 $25,284.80 ISA Form # 1-402 AFFIDAVIT AND WAIVER OF LIEN El FINAL ® PARTIAL ® PAYMENT TO FOLLOW State of Indiana, County of Marion, SS Michael Smith being duly sworn state that he is the President of Gibraltar Construction Corp having contracted with the Owner to furnish certain materials and/or labor for a project known as Parcel 7A, Regional Performing Arts Center, Masonry Cladding Package P11 and owned by Village Financial, LLC. and does hereby further state on behalf of the aforementioned contractor: (PARTIAL WAIVER)that there is due from the Owner the sum of Nine Thousand Two Hundred Fifty Two and NO/100 Dollars ($9,252.00) ❑ 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 WAIVER)that the final balance due from the Owner is the sum of Dollars ( ) ❑ receipt of which is hereby acknowledged; or ❑ the payment of which has been promised as the sole consideration for this Affidavit and Final Waiver of Lien which shall become effective upon receipt of such payment. THERFORE, the undersigned waives and releases unto the 0 ner of said premises, any and all lien or claim whatsoever on the above-described property and improvements there•n a,count of LABOR or material or both, furnished by the undersigned thereto, subject to limitations of conditions e,pre-sed herein, if any; and further certifies that no other party has any claim or right to a lien on account of any work p- or led or material furnished to the undersigned for said project, and within the scope of this affidavit and waiver. Gibraltar Construction Corp By //,, Title President /rr I WITNESS MY HAND AND NOTORIAL SEAL,A, 20th day of December, 2010. (Notary Public) • Pc* BRIAN R. MCBRIDE o ty 1979 INOIAka SUBCONTRACTORS ASSOCIATION INCORPON►TED , RCS. of H�'COCIC COIJft u,ay,,,o,,te*abv„iN,,c,ten Ichorgbaed My Comm. . 11-29-2017 Rev , A�. CCr^missien # 611862