Loading...
HomeMy WebLinkAboutMeyer Najem, Gilbraltar, LaFever - $211,345.61Regions 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 Green Improvements installment purchase contract Invoice 02 -10- 749 -00008 (Meyer Najem) April 2011 $ 19,206.91 Application 7 (Gibraltar) April 2011 $ 120,920.00 Application 8 (LaFever) April 2011 $ 71,218.70 Total Authorized Disbursement $ 211,345.61 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: S //1/// CITY OF CARMEL REDEVELOPMENT COMMISSION By: Printed: Title: Les S. Olds Executive Director 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 Green Improvements (Meyer Najem) August 2010 (pre- construction invoice 02 -09- 746 -001) Paid by the Carmel Theater Development Company $ 12,594.19 September 2010 (invoice 02 -10- 749 - 00001) Paid by the Carmel Theater Development Company $ 14,653.36 October 2010 (invoice 02 -10- 749 - 00002) Paid by the Carmel Theater Development Company $ 26,749.76 November 2010 (invoice 02 -10- 749 - 00003) Paid by the Carmel Theater Development Company $ 34,022.34 December 2010 (invoice 02 -10- 749 - 00004) Paid by the Carmel Theater Development Company $ 26,668.18 January 2011 (invoice 02 -10- 749 - 00005) Paid by the Carmel Theater Development Company $ 15,325.58 February 2011 (invoice 02 -10- 749 - 00006) Paid by the Carmel Theater Development Company $ 9,146.37 March 2011 (invoice 02 -10- 749 - 00007) Paid by the Carmel Theater Development Company $ 14,853.56 April 2011 (invoice 02 -10- 749 - 00008) Amount to be paid by the Carmel Theater Development Company $ 19,206.91 CONSTRUCTION April 25, 2011 CSO 8831 Keystone Crossing Indianapolis, IN 46240 Attn: Brandon Bogan I. Staffing II. General Conditions 111. Construction Manager Fee 13099 Parkside Drive Fishers, IN 46038 317 - 577 -0007 317 - 577 -0286 (fax) Invoice #: 02 -10- 749 -00008 Terms: Net 30 Days Project: Carmel Greenway Parcel 7B For Period Ending: 4/25/11 Schedule of Value' Prior Billings 1 Current Billing 1 Cumulative Total $ 154,050.00 $ 66,759.53 $ 21,950.00 $ 6,283.60 $ 100,000.00 $ 68,106.02 $ 276,000.00 TOTAL AMOUNT DUE $ 19,206.91 $ 8,079.93 74,839.46 $ 686.09 $ 6,969.69 $ 10,440.89 $ 78,546.91 $ 160,356.06 Tim Russell, President If you have any questions, please reference the invoice number. 602 /2 t Draft Green Improvements (Gibraltar) October 2010 (application 1) Paid by the Carmel Theater Development Company $ 197,162.10 November 2010 (application 2) Paid by the Carmel Theater Development Company $ 198,245.70 December 2010 (application 3) Paid by the Carmel Theater Development Company $ 84,847.50 January 2011 (application 4) Paid by the Carmel Theater Development Company $ 18,270.70 February 2011 (application 5) Paid by the Carmel Theater Development Company $ 28,496.70 March 2011 (application 6) Paid by the Carmel Theater Development Company $ 102,065.00 April 2011 (application 7) Amount to be paid by the Carmel Theater Development Company $ 120,920.00 Document G702 /CMa TM -1992 Application and Certificate for Payment Construction Manager- Adviser Edition TO OWNER: Carmel Theatre, Development Corporatibrl;Q�CCT: 30 West Main Street, Suite 220 Carmel, IN 46032 FROM CONTRACTOR: Parcel 7B - Center for Perfoming Arts Gibraltar Construction Corp VIA CONSTRUCTION MANAGER: 2932 N. Webster Ave. Indianapolis, IN 46219 CONTRACT FOR: Sitework Package 1 VIA ARCHITECT: CSO Architects, Inc. APPLICATION NO: 7 PERIOD TO:. 4/30/11 CONTRACT DATE: 4/13/10 PROJECT NOS: Distribution to: OWNER ❑ CONSTRUCTION MANAGER ❑ ARCHITECT ❑ CONTRACTOR ❑ FIELD ❑ 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 $ 1,046,700.00 2. Net change by Change Orders $ 0.00 3. CONTRACT SUM TO DATE (Line I ± 2) $ 1,046,700.00 4. TOTAL COMPLETED & STORED TO DATE (Column G on G703) $ 802,342.00 5. RETAINAGE: a. % of Completed Work 52,335.00 (Column D + E on G703) $ b. % of Stored Material (Column F on G703) $ Total Retainage (Lines 5a + 5b or Total in Column I of G703) $ 6. TOTAL EARNED LESS RETAINAGE $ 750,007.00 (Line 4 Less Line 5 Total) 7. LESS PREVIOUS CERTIFICATES FOR PAYMENT $ (Line 6 from prior Certificate) 8. CURRENT PAYMENT DUE 9. BALANCE TO FINISH, INCLUDING RETAINAGE. (Line 3 less Line 6) The undersigned Contractor certi -es that to the best of the Contractor's knowledge, information and belief the Work covered by this pplication for Payment has been completed in accordance with the Contract Documents, that all am,' nts have been paid by the Contractor for Work for which previous Certificates for Payment w e :sued and payments received from the Owner, and that current payment shown herein is no CONTRACTOR: Gibraltar ! ; qruction Corp By: State of:,DJ County of: Subscribed and s me this 4 f Notary Pu. • My Commission expires: CERTIFICATE FOR PAYMENT Date: 1-/-"e9/.-- � p9 BRIAN R. MCBRIDE Res. of Hancock County My Comm. Exp, 11 -29 -2017 Commission # 611862 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 629,087.00 accordance with the Contract Documents, and the Contractor is entitled to payment of the AMOUNT $ 120,920.00 296,693.00 CHANGE ORDER SUMMARY ADDITIONS DEDUCTIONS Total changes approved in previous months by Owner $ $ Total approved this Month $ $ TOTALS $ $ NET CHANGES by Change Order $ CERTIFIED. AMOUNT CERTIFIED $ Zei „i (Attach explanation if amount certified differs from the, aniountapplied. Initial all figures on this Application and on Continuation Street that are changed to conform with the amount certified.) CONSTRUCTION R: By: L Date: 1711/ ARCHITECT By: This Ce name the Date: not negotiable. The AMOUNT CERTIFIED is payable only to the Contractor suance, payment and acceptance of payment are without prejudice to any rights of 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 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. • at ATA 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 bp,enteredin 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 shod 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 \ The Owner should make payment directly to the Contractor based on the amount certified by the Construction Manager of d Architect on AIA Document G702 /CMa, Application and Certificate for Payment, Construction Manager- Adviser Edition. The completed form contains the name andddress of the Contractor. Payment should not be made to any other party unless specifically indicated on G702 /CMa. AIA Document G702 /CMaTM - 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 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. CONTINUATION SHEET Page 2of6 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. APPLICATION NO.: 7 APPLICATION DATE: 4/30/2011 PERIOD TO: 4/30/2011 ARCHITECT'S PROJECT NO. : A B C D I E F G H I ITEM NO. DESCRIPTION OF WORK SCHEDULED VALUE WORK COMPLETED MATERIALS PRESENTLY STORED (NOT IN D OR E) TOTAL COMPLETED AND STORED TO DATE (D + E + F) % (G / C) BALANCE TO FINISH (C - G) RETAINAGE (IF VARIABLE RATE) FROM PREVIOUS APPLICATION (D + E) THIS PERIOD 1 Supervision $ 21,000 $11,130.00 $5,250.00 $16,380.00 78% 4,620.00 2 Allowance $ 70,000 $16,949.00 $17,170.00 $34,119.00 49% 35,881.00 3 Bonds $ 15,315 $15,315.00 $15,315.00 100% - 4 Misc. General Conditions $ 20,985 $11,123.00 $5,250.00 $16,373.00 78% 4,612.00 5 Phase 1 6 Earthwork Material $ 27,000 $27,000.00 $27,000.00 100% - 7 Earthwork Labor $ 67,000 $67,000.00 $67,000.00 100% - 8 Underdrains Material $ 36,850 $36,850.00 $36,850.00 100% - 9 Underdrains Labor $ 36,850 $18,425.00 $18,425.00 $36,850.00 100% - 10 Structural Soil Material $ 20,000 $20,000.00 $20,000.00 100% - 11 Structural Soil Labor $ 2,000 $2,000.00 $2,000.00 100% - 12 Plumbing Material $ 17,000 $16,150.00 $850.00 $17,000.00 100% - 13 Plumbing Labor $ 10,000 $9,500.00 $500.00 $10,000.00 100% - 14 Asphalt Paving Material $ 10,000 $10,000.00 $10,000.00 100% - 15 Asphalt Paving Labor $ 6,000 $6,000.00 $6,000.00 100% - 16 Concrete Curbs Material $ 5,500 $5,500.00 $5,500.00 100% - 17 Concrete Curbs Labor $ 30,000 $30,000.00 $30,000.00 100% - 18 Temporary Walk Material $ 2,000 $2,000.00 $2,000.00 100% - 19 Temporary Walk Labor $ 2,000 $2,000.00 $2,000.00 100% - 20 Joint Sealants Material $ 100 $0.00 0% 100.00 21 Joint Sealants Labor $ 100 $0.00 0% 100.00 22 Concrete Pavers Material $ 8,000 $8,000.00 $8,000.00 100% - 23 Concrete Pavers Labor $ 4,000 $4,000.00 $4,000.00 100% - 24 Permeable Pavers Material $ 100,000 $100,000.00 $100,000.00 100% - 52,335.00 25 Permeable Pavers Labor $ 26,000 $26,000.00 $26,000.00 100% - CONTINUATION SHEET Page 3 of 6 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. APPLICATION NO.: 7 APPLICATION DATE: 4/30/2011 PERIOD TO: 4/30/2011 ARCHITECT'S PROJECT NO. : A B C D E F G H I ITEM NO. DESCRIPTION OF WORK SCHEDULED VALUE WORK COMPLETED MATERIALS PRESENTLY STORED (NOT IN DORE) TOTAL COMPLETED AND STORED TO DATE D +E +F) % (G / C) BALANCE TO FINISH (C - G) RETAINAGE (IF VARIABLE RATE) FROM PREVIOUS APPLICATION (D +E) THIS PERIOD 26 Phase lA 27 Earthwork Material $ 3,000 $3,000.00 $3,000.00 100% - 28 Earthwork Labor $ 5,000 $5,000.00 $5,000.00 100% - 29 Concrete Curbs Material $ 2,300 $2,300.00 $2,300.00 100% - 30 Concrete Curbs Labor $ 4,000 $4,000.00 $4,000.00 100% - 31 Concrete Walks Material $ 6,250 $6,250.00 $6,250.00 100% - 32 Concrete Walks Labor $ 6,250 6,250 $6,250.00 100% - 33 Joint Sealants Material $ 100 $0.00 0% 100.00 34 Joint Sealants Labor $ 100 $0.00 0% 100.00 35 Concrete Pavers Material $ 3,700 3,700 $3,700.00 100% - 36 Concrete Pavers Labor $ 1,800 1,800 $1,800.00 100% - 37 Granite Pavers Material $ 20,000 20,000 $20,000.00 100% - 38 Granite Pavers Labor $ 7,000 7,000 $7,000.00 100% - 39 Phase 1B 40 Earthwork Material $ 2,500 $0.00 0% 2,500.00 41 Earthwork Labor $ 2,500 $0.00 0% 2,500.00 42 Concrete Curbs Material $ 1,000 $0.00 0% 1,000.00 43 Concrete Curbs Labor $ 3,000 300 $300.00 10% 2,700.00 44 Concrete Walks Material $ 2,650 $0.00 0% 2,650.00 45 Concrete Walks Labor $ 2,650 2,650 $2,650.00 100% - 46 Joint Sealants Material $ 100 $0.00 0% 100.00 47 Joint Sealants Labor $ 100 $0.00 0% 100.00 48 Concrete Pavers Material $ 1,800 1,800 $1,800.00 100% - 49 Concrete Pavers Labor $ 3,700 $0.00 0% 3,700.00 50 Permeable Pavers Material $ 4,000 4,000 $4,000.00 100% - CONTINUATION SHEET Page 4 of 6 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. APPLICATION NO.: 7 APPLICATION DATE: 4/30/2011 PERIOD TO: 4/30/2011 ARCHITECT'S PROJECT NO. : A B C D j E F G H I ITEM NO. DESCRIPTION OF WORK SCHEDULED VALUE WORK COMPLETED MATERIALS PRESENTLY STORED (NOT IN DORE) TOTAL COMPLETED AND STORED TO DATE (D +E +F) % (G / C) BALANCE TO FINISH (c - G) RETAINAGE (IF VARIABLE RATE) FROM PREVIOUS APPLICATION (D +E) THIS PERIOD 51 Permeable Pavers Labor $ 1,000 - 0% 1,000 52 Phase 1C 53 Earthwork Material $ 1,200 1,200 1,200 100% - 54 Earthwork Labor $ 1,200 1,200 1,200 100% - 55 Topsoil Material $ 500 500 500 100% - 56 Topsoil Labor $ 500 500 500 100% - 57 Site Demolition Material $ 500 500 500 100% - 58 Site Demolition Labor $ 1,500 1,500 1,500 100% - 59 Concrete Curbs Material $ 2,400 2,400 2,400 100% - 60 Concrete Curbs Labor $ 6,000 6,000 6,000 100% - 61 Concrete Walks Material $ 12,500 12,500 12,500 100% - 62 Concrete Walks Labor $ 12,500 12,500 12,500 100% - 63 Joint Sealants Material $ 100 - 0% 100 64 Joint Sealants Labor $ 100 - 0% 100 65 Concrete Pavers Material $ 15,400 15,400 15,400 100% - 66 Concrete Pavers Labor $ 7,600 7,600 7,600 100% - 67 Landscaping Material $ 100 60 60 60% 40 68 Landscaping Labor $ 100 60 60 60% 40 69 Phase 2 70 Earthwork Material $ 10,150 10,150 10,150 100% - 71 Earthwork Labor $ 10,150 10,150 10,150 100% - 72 Topsoil Material $ 16,250 - 0% 16,250 73 Topsoil Labor $ 16,250 - 0% 16,250 74 Concrete Walks Material $ 12,600 5,040 3,150 8,190 65% 4,410 75 Concrete Walks Labor $ 12,600 5,040 3,150 8,190 65% 4,410 CONTINUATION SHEET Page 5 of 6 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. APPLICATION NO.: 7 APPLICATION DATE: 4/30/2011 PERIOD TO: 4/30/2011 ARCHITECT'S PROJECT NO. : A B C D I E F G H I ITEM NO. DESCRIPTION OF WORK SCHEDULED VALUE WORK COMPLETED MATERIALS PRESENTLY STORED (NOT IN DORE) TOTAL COMPLETED AND STORED TO DATE (D +E +F) % (G / C) BALANCE TO FINISH (C - G) RETAINAGE (IF VARIABLE RATE) FROM PREVIOUS APPLICATION (D +E) THIS PERIOD 76 Joint Sealants Material $ 100 - 0% 100 77 Joint Sealants Labor $ 100 - 0% 100 78 Concrete Pavers Material $ 22,400 22,400 22,400 100% - 79 Concrete Pavers Labor $ 11,100 555 555 5% 10,545 80 Granite Pavers Material $ 10,000 10,000 10,000 100% - 81 Granite Pavers Labor $ 5,000 250 250 5% 4,750 82 Pourous Pavers Material $ 60,000 60,000 60,000 100% - 83 Pourous Pavers Labor $ 15,000 15,000 15,000 100% - 84 Decomposed Granite Material $ 66,000 33,000 33,000 50% 33,000 85 Decomposed Granite Labor $ 25,000 1,250 1,250 5% 23,750 86 Landscaping Material $ 10,000 - 0% 10,000 87 Landscaping Labor $ 3,000 - 0% 3,000 88 Irrigation Material $ 3,500 350 350 10% 3,150 89 Irrigation Labor $ 5,000 500 500 10% 4,500 90 Phase 3 91 Earthwork Material $ 2,400 - 0% 2,400 92 Earthwork Labor $ 2,400 - 0% 2,400 93 Topsoil Material $ 1,000 - 0% 1,000 94 Topsoil Labor $ 2,000 - 0% 2,000 95 Site Demolition Material $ 1,000 - 0% 1,000 96 Site Demolition Labor $ 4,000 - 0% 4,000 97 Concrete Curbs Material $ 2,800 - 0% 2,800 98 Concrete Curbs Labor $ 4,000 - 0% 4,000 99 Concrete Walks Material $ 7,500 - 0% 7,500 100 Concrete Walks Labor $ 7,500 - 0% 7,500 CONTINUATION SHEET Page 6of6 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. APPLICATION NO.: 7 APPLICATION DATE: 4/30/2011 PERIOD TO: 4/30/2011 ARCHITECT'S PROJECT NO. : A B C D I E F G H I ITEM NO. DESCRIPTION OF WORK SCHEDULED VALUE WORK COMPLETED MATERIALS PRESENTLY STORED (NOT IN DORE) TOTAL COMPLETED AND STORED TO DATE (D +E +F) % (G / C) BALANCE TO FINISH (C G) RETAINAGE (IF VARIABLE RATE) FROM PREVIOUS APPLICATION (D +E) THIS PERIOD 101 Joint Sealants Material $ 100 - 0% 100 102 Joint Sealants Labor $ 100 - 0% 100 103 Concrete Pavers Material $ 10,000 - 0% 10,000 104 Concrete Pavers Labor $ 3,200 - 0% 3,200 105 Landscaping Material $ 50 - 0% 50 106 Landscaping Labor $ 50 - 0% 50 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 $1,046,700.00 $681,422.00 $59,720.00 $61,200.00 $802,342.00 77% $244,358.00 $52,335.00 ISA Form # 1 -402 AFFIDAVIT AND WAIVER OF LIEN ❑ 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 7B, Center for Performing Arts Sitework Package 1 and owned by Carmel Theatre Development Corporation, LLC. and does hereby further state on behalf of the aforementioned contractor: (PARTIAL WAIVER) that there is due from the Owner the sum of One Hundred Twenty Thousand Nine Hundred Twenty and No /100 Dollars ($120,920.00) ❑ 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 on the above - described property and improvements thereon at and within the scope of this affidavit and waiver. undersigned thereto, subject to limitations of conditions expre has any claim or right to a lien on account of any work p or - Gibraltar Construction Corp By ir fit( ner of said premises, any and all lien or claim whatsoever count of LABOR or material or both, furnished by the ed herein, if any; and further certifies that no other party d or material furnished to the undersigned for said project, WITNESS MY HAND AND NOTORIAL SEAL, 1979 INDIANA SU9CONT4 ACTORS ASSOCIATION INCOApORAIEo Ury1no'•t*1 PepfodvftIPn Fio' b t.d day of April, 2011. Title President (Notary Public) BRIAN R. MCBRIDE Res. of Hancock County My Comm, Fxp, 11 -29 -2017 Commission # 611862 Rev ITRI • ••#-.• • ;.1 • , 7/1111; r. 4iist• Draft Green Improvements (LaFever Electric) September 2010 (application 1) Paid by the Carmel Theater Development Company $ 25,148.11 October 2010 (application 2) Paid by the Carmel Theater Development Company $ 59,346.59 November 2010 (application 3) Paid by the Carmel Theater Development Company $ 148,688.77 December 2010 (application 4) Paid by the Carmel Theater Development Company $ 164,895.86 January 2011 (application 5) Paid by the Carmel Theater Development Company $ 46,690.61 February 2011 (application 6) Paid by the Carmel Theater Development Company $ 40,718.24 March 2011 (application 7) Paid by the Carmel Theater Development Company $ 61,401.22 April 2011 (application 8) Amount to be paid by the Carmel Theater Development Company $ 71,218.70 zi'e;; ® Document G702 /CMa TM -1992 Application and Certificate for Payment Construction Manager - Adviser Edition RECEIVED APR 2 5 2011.. TO OWNER: Carmel Theatre_Dev. Commission 30 West Main Street, Suite 220 Carmel, Indiana 46032 FROM CONTRACTOR: LaFever Electric, Inc. 131 N. Rangeline Road Carmel, Indiana 46032 CONTRACT FOR: PROJECT: Parcel 7B 3rd Avenue SW Carmel, Indiana 46032 VIA CONSTRUCTION MANAGER: APPLICATION ND: PERIOD TO: 4/30/2011 CONTRACT DATE: 9/17/2010 Meyer Najem Construction, LLC PROJECT NOS: 1744/ VIA ARCHITECT: CSO Architects, Inc. Distribution to: OWNER ❑ CONSTRUCTION MANAGER ❑ ARCHITECT , ❑ CONTRACTOR ❑ FIELD ❑ 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 2. Net change by Change Orders 3. CONTRACT SUM TO DATE (Line 1 ±2) 4. TOTAL COMPLETED & STORED TO DATE (Column G on G703) 5. RETAINAGE: a. 10 % of Completed Work (Column D + E on G703) b. 10 % of Stored Material (Column F on G703) $ 658,855.00 118,657.59 777,512.59 686,786.77 59,699.36 8,979.32 Total Retainage (Lines 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) 8. CURRENT PAYMENT DUE 9. BALANCE TO FINISH, INCLUDING RETAINAGE (Line 3 less Line 6) 68,678.68 618,108.09 $ 546,889.39 $ 71,218.70 159,404.50 CHANGE ORDER SUMMARY ADDITIONS DEDUCTIONS Total changes approved in previous months by Owner 13,694.14 $ 7,195.09' Total approved this Month $12,158.54 125,852.68 $ - $ 7,195.09 TOTALS NET CHANGES by Change Order $ 118,657.59 The undersigned Contractor certifies that to the best of the Contractor's knowledge, information 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 payments received from the Owner, and that current payment shown herein is now due. CONTRAC /�� /g LaF r Electric, Inc. By: _�'^ s�woi uranrunrrr Date: 4/19/2011 State of: Indian ns. a evegr�,'�Flue- President County of: Hamilton ; Subscribed me this Notary Public: My Commission ex • *I Colleen S. Marvel CERTIFICATE ........... ��� °w�t` 4/1x3 $ iN �• In accordance with the Contract Documents,'t`iNeceNtpnie 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 $ 7j Z�g7�r (Attach explanation if amount certified differs front the amount applied. Initial alifigures on this Application and o ontinuation Sheet that are changed to conform with the 'mount certified.) CONSTRUCTIO R: By: ARCHITECT: By: This Certificate named herein the Owner not negot ssuance, Contrac Date: Date: e. The AMOUNT CERTIFIED is payable onl}►'to th® Contractor ment and acceptance of payment are without prejudice to any rights of 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 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. 1 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 Cohstruction`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 as,different amount ,tfian that applied for pursuant to Sections 9.5 and 9.6 of A201 /CMa. They should then all figures on G702/CMa and G703 that have been changed10 conform to the amounticertified 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 whenrequired. Column C should be subtotaled at the bottom when more than one page is used_arid 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). Ir 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 - The Owner should make payment directly to the Contractor based on the amount certified by the Construction Manager and .Architect on AIA Dokument G702 /CMa, Application and Certificate for Payment, Construction Manager- Adviser Edition. The completed form contains the name an -address of the Qontradtor.:Payment should not be made to any other party unless specifically indicated on G702 /CMa.;,; %'" AIA Document G702 /CMaTM -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 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. JOB NAME APPLICATION NUMBER Parcel 7B- Center for Performing Arts 8 APPLICATION DATE PERIOD TO 4/19/2011 4/30/2011 PAGE NUMBER 1 A B C D ' E F G H I ITEM NO. DESCRIPTION OF WORK SCHEDULED VALUE WORK COMPLETED MATERIALS PRESENTLY STORED (NOT IN D OR E) TOTAL COMPLETED AND STORED TO DATE (D +E +F) % (G +C) BALANCE TO FINISH (C -G) RETAINAGE FROM PREVIOUS APPLICATION (D +E) THIS PERIOD 1.00 Conduit M 64,205.00 44,943.50 19,261.50 - 64,205.00 100 - 6,420.50 - - L 105,840.00 74,088.00 26,460.00 100,548.00 95 5,292.00 10,054.80 2.00 Wire M 87,610.00 48,185.50 30,663.50 8,761.00 87,610.00 100 - 8,761.00 - - L 49,530.00 27,241.50 17,335.50 44,577.00 90 4,953.00 4,457.70 3.00 Switchgear M 11,610.00 11,377.80 - 232.20 11,610.00 100 - 1,161.00 - - L 9,460.00 9,270.80 - 9,270.80 98 189.20 927.08 4.00 Light Fixtures M 202,000.00 80,800.00 40,400.00 80,800.00 202,000.00 100 - 20,200.00 - - L 36,000.00 14,400.00 7,200.00 21,600.00 60 14,400.00 2,160.00 5.00 Excavating 58,000.00 43,500.00 11,600.00 55,100.00 95 2,900.00 5,510.00 6.00 Allowance 18,000.00 18,000.00 - 18,000.00 100 - 1,800.00 7.00 Payment and Performance Bond 7,600.00 7,600.00 - 7,600.00 100 - 760.00 8.00 Submittals 3,000.00 3,000.00 - 3,000.00 100 - 300.00 9.00 Mobilization 3,000.00 3,000.00 - 3,000.00 100 - 300.00 10.0 Closeout 3,000.00 - - - 3,000.00 - 11.0 ASI #1 &2 (Part of C.0 #1) 52,191.56 36,534.09 5,219.16 41,753.25 80 10,438.31 4,175.33 12.0 ASI #3 Fixtures (Part of C.O. #1) 612.58 612.58 - 612.58 100 - 61.26 13.0 ASI #3R 60,890.00 12,178.00 3,044.50 15,222.50 25 45,667.50 1,522.25 14.0 Conduit Credit (7,195.09) (7,195.09) - (7,195.09) 100 - (719.51) 15.0 Sign Tight 7,270.52 - 4,362.31 4,362.31 60 2,908.21 436.23 16.0 ASI #5 4,888.02 - 3,910.42 3,910.42 80 977.60 391.04 - - M - - - - - - - - - L - - - - - - - - M - - - - - - - - - L - - - - - - I777,512.59 427,536.68 169,456.89 89,793.20 686,786.77 90,725.82 68,678.68 Mate of Indiana County of Hamilton WAIVER OP LIEN TO DATE 155 TO WHOM IT MAY CONCERN: WHEREAS the tiedersfgrod has been employed by LaFever Electric, Inc. Pile #: Mae et Op'nMMdlR7R ar waeee:seer to &Mist El c rical Work f the premises described as Parcel 7B emm�enAct4mrrracidL WrxsIuea of which _ Carmel Theatre Development Commission h the awoa Seventty -one ` iousand Two Hundred Eighteen Dollars and Seventy Cents 114E untemigned, end in consideration of ($ 71,218.70 - ) Ogl�y and other pod end valuable camtdc ation, the receipt wham is her rby acknowledged, do(m) hereby valve and reieaae airy and an lien Ur claim cr right of lien under the Statutes of the Shute wherein the land is Iocatad, relating to I deehaodc's hens, on the above described promisee end hr over nents thereon, and ore the monies or other considerations due or to become due nom the owner, cm Exam of fisher or sailed, roaadel, dxm� or apparahw hie furnished to this dcta by the undersigned for the shove described premises, Signed this 20th day of April .20 11 d Chris A. LaFever, Vice - President aw NOME= An walvara must be for the fon amount paid. If waiver is for a torperation, corporate name should be eyed. corporate eeat affixed and fide of officer signing waiver ehotdd be ant forth; If welter is for a partnership, the partnerBhip mime should be used, partner should tip and designate himself a partner. CONTRACTOR'S AFFIOAvIT !'ss Stain of India County of Hamilton TO WHOM rt' MAY CONCERN: 'YH>~ unxttei'rpgnmi. being duly sworn, deposes and says that he is LaFever Electric, Inc. Vice - President of who is the ocntractor for the �rical Work budding reared St r Avenue Southwest, Carmel Indiana 46612- " owoad by Carmel That the tatty anent of the contract hiclediag ecxvw is $ 777,512.59 on i vhieh he teas received psrgment of s 546,889.40 prier to this payment. That all waivers are true, correct and genuine and dative rod uncoitdidonafy and that there is no eitdrn either legal or equitable to deart the validity of said waiwsrs. That the following stn the nines of all parties wise have furnished material or labor, or bath, for said work and all parries having contracts or aubamruraea fbr specific portions of said work or for material entering into the caul ruction thereof and rho unowatt dva of to became ....'........2.4.0 that the ' tn+�ptiotted tint dad all labor and tttatetal t deed m ca isee acid work aocnrdln t to tdarrs and weolflcxdons: work on the eatre eve 0 ment ommission etmTts n MOWN= PR r i... Y .,�. — . mauls + i 0- urn i ore r ro in :. - : tree Iona • ono Ma ZIiide" • • i I : t t t t t Maill f r' tRb4 va'°' • f • 11 ESII STil urroY n snv Icf:at KD Trenching Inc. (317) 891 - 1202:. Excavation wt ilIllMNIIIIII. '5 -T�etwt . �.,.7 r= - mamma 1l • A I IS1tliCar T Mitt LAM— arc no other contracts fbr said work outstanding, and ecet dare is n ciao or to become die to soy parse t =.+, ma.�.,a,, roe be done upon or in vomtxden with said vaork other than above armed. t /j 11 `� done or to $ this 20th day of Apri 1 , 20 . _ . &Ascribed and svtortt to before me this 20th day of April TSI CD16 O6 v2oo7 A. LaFever, Vice - President S1puN lMaaonrAmne }irliliiiillio1„0