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HomeMy WebLinkAboutMeyer Najem, LaFever - $78,422.16Regions 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 -00014 (Meyer Najem) November 2011 $ 770.90 Application 13 (LaFever) September 2011 $ 77,651.26 Total Authorized Disbursement $ 78,422.16 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: 175. 2 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. C f a- 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) Paid by the Carmel Theater Development Company $ 19,206.91 May 2011 (invoice 02 -10 -749- 00009) Paid by the Carmel Theater Development Company $ 21,636.76 June 2011 (invoice 02 -10- 749 - 00010) Paid by the Carmel Theater Development Company $ 20,921.33 July 2011 (invoice 02- 10- 749 - 00011) Paid by the Carmel Theater Development Company $ 9,539.13 August 2011 (invoice 02 -10- 749- 00012) Paid by the Carmel Theater Development Company $ 3,295.84 September 2011 (invoice 02 -10- 749 - 00013) Paid by the Carmel Theater Development Company $ 1,365.89 November 2011 (invoice 02 -10- 749 - 00014) Amount to be paid by the Carmel Theater Development Company $ 770.90 November 25, 2011 CSO 8831 Keystone Crossing Indianapolis, IN 46240 Attn: Brandon Bogan I. Staffing II. General Conditions III. Construction Manager Fee 13099 Parkside Drive Fishers, IN 46038 317 - 577 -0007 317 - 577 -0286 (fax) Invoice #: 02 -10- 749 - 000014 Terms: Net 30 Days Project: Carmel Greenway Parcel 7B For Period Ending: 11/25/11 Schedule of Value Prior Billings 1 Current Billing 1 Cumulative Totall $ 154,050.00 $ $ 21,950.00 $ $ 100,000.00 $ $ 276,000.00 Tim Russell, President 109,195.58 9,717.53 98,201.90 $ 748.90 $ 109,944.48 $ 22.00 $ 9,739.53 $ 98,201.90 $ 217,885.91 $ 770.90 If you have any questions, please reference the invoice number. �1� 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) Paid by the Carmel Theater Development Company $ 71,218.70 May 2011 (application 9) Paid by the Carmel Theater Development Company $ 67,167.37 June 2011 (application 10) Paid by the Carmel Theater Development Company $ 4,808.43 July 2011 (application 11) Paid by the Carmel Theater Development Company $ 5,014.40 September 2011 (application 12) Paid by the Carmel Theater Development Company $ 3,763.04 September 2011 (application 13) Amount to be paid by the Carmel Theater Development Company $ 77,651.26 StAIA Document G702 /CMa TM -1992 Application and Certificate for Payment Construction Manager- Adviser Edition 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 RECEIVED Carmel, Indiana 460 3�2P 2 2011 APPLICATION NO: 13 PERIOD TO: 9/30/2011 VIA CONSTRUCTION M�INAGERiVA,EM t� _ CONTRACT DATE: Meyer Najem Construction, L'LC 1ICPROJECT NOS: VIA ARCHITECT: CSO Architects, Inc. 9/17/2010 1744/ Distribution to: OWNER ❑ CONSTRUCTION MANAGER ❑ ARCHITECT ❑ CONTRACTOR ❑ FIELD ❑ O 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 $ 117,657.59 $ 776,512.59 $ 776,512.59 0.00 0.00 Total Retainage (Lines 5a + 5b or Total in Column I of G703) . 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. CONTRACTOR; ,LaFever Ele tric, Inc. By: State of: Indiana County of: Hamilton Subscribed and sworn to befor me this 22nd day of Notary Public: My Commission expires`. Date: 9/22/2011 Michael A. LaFever, Vice - President u per, 2Q�� �• .. Cofteen S. Marvel I e1OG $ o.00 CERTIFICATE FOR PAYMENT is -� In accordance with the Contract Documents, b' d d'n•. n- site.ob'ery ions and the data comprising 776,512.59 � Q . ��� p g this application, the Construction Manager and A%it4 t6gt i i''Owner that to the best of their knowledge, information and belief the Work has progf9tyji,vneated, the quality of the Work is in accordance with the Contract Documents, and the Contractor is entitled to payment of the AMOUNT CERTIFIED. 6. TOTAL EARNED LESS RETAINAGE $ (Line 4 Less Line 5 Total) 7. LESS PREVIOUS CERTIFICATES FOR PAYMENT $ 698,861.33 (Line 6 from prior Certificate) 8. CURRENT PAYMENT DUE RETAINAGE 9. BALANCE TO FINISH, INCLUDING RETAINAGE (Line 3 less Line 6) $ 77,651.26 0.00 CHANGE ORDER SUMMARY ADDITIONS DEDUCTIONS Total changes approved in previous months by Owner $25,852.68 $ 8195.09 Total approved this Month $ - $ - TOTALS $25,852.68 $ 8,195.09 NET CHANGES by Change Order $ 117 657.59 AMOUNT CERTIFIED $ --7� (4s t' (Attach explanation if amount certified differs from the amouht,applied. Initial all figures on this Application and on the Continuation Sheet that are changed to conform with the amount certified.) CONSTRUCTION ! c R: By: s - Date: % Z ARCHITECT: By: Date: 1 This Certificate is not • `g. table. T : AMOUNT CERTIFIED is payable only to e Contractor named herein. Issuat •, 'payment an f payment are without prejudice to any rights of the Owner or Cont .ctor under this C 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. A: 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 :no?, 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 DocumentG703, Continuation Sheet, summary information should be transferred to AIA Document G702 /CMa, Application and Certificate for Payment, Construction Manager- Adviser Edition. The Contractor should side 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 hat 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 thoe: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 qn 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 aod,Arl;hitect on .AIA. , ci ment G702/CMa, Application and Certificate for Payment, Construction Manager - Adviser Edition. 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 /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 13 APPLICATION DATE PERIOD TO 9/22/2011 9/30/2011 PAGE NUMBER 1 A B C D I E F G H I ITEM DESCRIPTION OF WORK SCHEDULED WORK COMPLETED MATERIALS TOTAL % BALANCE RETAINAGE NO. VALUE FROM PREVIOUS THIS PERIOD PRESENTLY COMPLETED (G =C) TO FINISH APPLICATION STORED AND STORED (C -G) (D +E) (NOT IN TO DATE D OR E) (D +E +F) 1.00 Conduit M 64,205.00 64,205.00 - - 64,205.00 100 - - - - L 105,840.00 105,840.00 - 105,840.00 100 - - 2.00 Wire M 87,610.00 87,610.00 - - 87,610.00 100 - - - - L 49,530.00 49,530.00 - 49,530.00 100 - - 3.00 Switchgear M 11,610.00 11,610.00 - - 11,610.00 100 - - - - L 9,460.00 9,460 00 - 9,460.00 100 - - 4.00 Light Fixtures M 202,000.00 202,000.00 - - 202,000.00 100 - - - - L 36,000.00 36,000.00 - 36,000.00 100 - - 5.00 Excavating M 58,000.00 58,000.00 - - 58,000.00 100 - - 6.00 Allowance L 18,000.00 18,000.00 - 18,000.00 100 - - 7.00 Payment and Performance Bond M 7,600.00 7,600.00 - - 7,600.00 100 - - 8.00 Submittals L 3,000.00 3,000.00 - 3,000.00 100 - - 9.00 Mobilization M 3,000.00 3,000.00 - - 3,000.00 100 - - 10.00 Closeout L 3,000.00 3,000.00 - 3,000.00 100 - - 11.00 ASI #1 &2 (Part of C.O #1) M 52,191.56 52,191.56 - - 52,191.56 100 - - 12.00 ASI #3 Fixtures (Part of C.O. #1) L 612.58 612.58 - 612.58 100 - - 13.00 ASI #3R M 60,890.00 60,890.00 - - 60,890.00 100 - - 14.00 Conduit Credit L (7,195.09) (7,195.09) - (7,195.09) 100 - - 15.00 Sign light M 7,270.52 7,270.52 - - 7,270.52 100 - - 16.00 ASI #5 L 4,888.02 4,888.02 - 4,888.02 100 - - 17.00 CO #5 M (1,000.00) (1,000.00) - - (1,000.00) 100 - - - - L - - - - - - M- - - - - - - - L - - - - - - 776,512.59 776,512.59 - - 776,512.59 - - FINAL WAIVER OF LIEN State of Indiana Corry► of Hamilton TOWHOMTtMAY CONCERTIt WKEREAS eke undeaba.ed t,sn woo Fun by Pile 11: LaFever Electric, Inc. Pa mesr0e,c Domeier oiSeteognnor to furnish Electrical Work Rk.dwutcrBonde. Parcel 7B Ctvao+Adp.ro otze.nleorrodni Carmel Theater Development Commission TES toad, for too in ctatetdaatloa Seventy-seven Thousand Seven Hundred Fifty -one Dollars and Twen -six Cents 177,651.26 Wien. end cutter good aid valesbte aanaidervian, the receipt Motels hereby twiniovrlodged, de(e9) bruby waive and tease any gad eU 1i 4n ar eiis$n or ego of den ender the 3tahthoa aftt m Stare colimaln the hard is hooted, reIndre to Mt:dirti 's Reps. on ode above described premises and tmpravatxaa titereOn, rood On the moles or other coasidentions Oreor to become due born rho owr. an =aunt of tabor arse vices, noteritd. foams �t >9 betrontbre :r3dnishsdar.w2L2iatt be tarnished at arty time heresfer by the undersigned fix tux above desolbeti iiretrtrs". Signed this day of September 2011_ &si des pelotas; dervribed aa eolith is ttrc awnr. Michael A. LaFever, Vice- President Cum Nom At waivers Beast be for the tat smonnt pairL Iferaiver b fiat a corporation, on, eerpotsurr acme *cold be m eat cerperstee seal aEfiked raid idle dafaer elgniag ara r *hduld Im ae1 tank if waiver is for parmersatp, The pastoodltip novae should be med. partner t bound ergo and dettOre khnselen porter. States of Indiana County of Hamilton SS CONTRACTQR's AFFEDAVI7 TO WY$OM rr NAY CONCi24 THE ondentigrerAbeiv d►tbr sworn, depose and sayrs due he it of_ ever Electric, Inc. who tithe + ct&teho, F,lectncal Wor baildnooglocoed 3rd Avenue SW, Carmel, lridlana 4b032 • Vice - President tweed by . wash ratite er 11 eve opmen o That he food arrow of the c a n n o t i n c l u d i n g extras is S 7 6, 12.59 an which he leas r e c e i v e d tl w of t .695,098.30pelor to this payment. not di *ahem are Erna, correct end grotto nod delivered tmecenli tanaity amt Met tta xa is no claim cotter legal or egttttan)1 re taboo the vutaltty pewit whoa. ust the ivtlowin tau the names of. ail ponies who have firtaished material orWet, or**, , i said asork and alt swiss bee og contracts et =baton= fix apeet6o potions efseid wade or for matoeiat radioing Elio thou thereat and the moot due or to Ecaome duo to cad, cad hut* fain meatioued iaalwkd an la+r and - meanie acerb to Said cool[ i rtatc alttrn aNt spa f9 That f9seroe toe no Won connects for said work amstandirts, and that there is nothing rote of to become rose to etty pilaw for mataria4 m outset ao done or to be done aeon or in connection whit geld um* other than Alava smpof. Signed ors 22ndgayar September ,Tp 11 Subscribed er.d swam to butte roe this 22nd Tel CC16 %tJ7 a IichaeliA ,LaFever Vice-Presideisis ` - t . er 20 1 °`� . � �Ci &rte QjfiFt " S. Commission Expires: Av �5 ' • AL r Resident of Madison county; /4/.6 `i,'4 —010 Bor.ro FrestivualpurrainTMIE KEY Trenchin: Inc. :' - 1 MOOMNIMINIMMIIIIIIIIMIli onn 1101.211k11— 41 37 00.00 • 1.1. 1 1.10 xcavation 37 300.00 0.00 iiiiiiiiiiIMMIN MINIIIIIOIIIIIIIIIIIII 0.10 --- Minn 1 10 OIMMINII T • • r. - 71.4T, - :. -.. - •lid's itil3ii • . 4 • 1 ,i •71,'a That f9seroe toe no Won connects for said work amstandirts, and that there is nothing rote of to become rose to etty pilaw for mataria4 m outset ao done or to be done aeon or in connection whit geld um* other than Alava smpof. Signed ors 22ndgayar September ,Tp 11 Subscribed er.d swam to butte roe this 22nd Tel CC16 %tJ7 a IichaeliA ,LaFever Vice-Presideisis ` - t . er 20 1 °`� . � �Ci &rte QjfiFt " S. Commission Expires: Av �5 ' • AL r Resident of Madison county; /4/.6 `i,'4