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HomeMy WebLinkAboutGibraltar - $667,099.10Regions. 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 Ulsbursement Amourit Of Authorized Disbursement Amount to be.paid by Carmel Theater Development Company,.LLC as per the PAC'Hardscape ;installment purchase contract, Application 5 {Gibraltar} September 2010 S'667 099.je, Total Authorized Disbursement S1667 099,10 ; 1 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 Coriipany, LLC. Dated: i.. /D CITY OF CARMEL COM ON By: REDEVELOPMENT 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 custbmary submittals'. Draft Hardscape (Gibraltar) Up Through June 2010 (applications 1 and 2) Amount reimbursed to CRC $ 55,515.60 July 2010 (application 3) Paid by Carmel Theater Development Company $ 108,784.80 August 2010 (application 4) Paid by Carmel Theater Development Company $ 150,043.50 September 2010 (application 5) Amount to be paid by Carmel Theater Development Company $ 667,099.10 Document G702/C tIL�T"' o 1992 Application and Certificate for Payment Construction Manager- Adviser Edition cog TO:OWNER: PROJECT: Carmel Redevelopment Commission One Civic Square Carmel, IN 46032 . Regional Performing Arts Center FROM CONTRACTOR: ViA CONSTRUCTION MANAGER: Gibraltar Construction Corp 2932 N. Webster Ave. Indianapolis, IN 46219 VIA ARCHITECT: CONTRACT FOR: CSO Architects, Inc. Hardscape Package P8 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. t ORIGINAL CONTRACT SUM APPLICATION NO: 5 PERIOD TO: 9/15/10 CONTRACT DATE: PROJECT NOS: 4/13/10 Distribution to: .OWNER ❑ CONSTRUCTION MANAGER ❑ ARCHITECT ❑ CONTRACTOR ❑ FIELD ❑ 5- 4,268,000.00- 2. Net change by Change Orders h 0.00 3. CONTRACT SUM TO DATE (Line I ± 2) `fib 2S8,nnn nn 4. TOTAL COMPLETED & STORED TO DATE (Column G on 0703) $ 1,044,843.00 5. RETAINAGE: a. %% of Completed Work (Column D + E on G703) $ 63,400.00 b. rib of Stored Material (Column F on G703) Total Retainage (Lines 5a + 5b or Total in Column I of 0703) . $ 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) $ 981,443.00 $ 314,343.90 $ 667,099 10 286,557.00 CHANGE ORDER SUMMARY ADDITIONS DEDUCTIONS Total changes approved in previous months by Owner `ti $ Total approved this Month $, $ TOTALS $ $ NET CHANGES by Change Order $ The undersigned Contractor certifies belief the Work covered by this App Contract Documents, that all am nt Certificates for Payment wer payment shown herein is now CONTRACTOR: Gibraltar By: State of: '% jp County of: Subscribed and sw nie this,..2d Notary Public: My Commission expires: hat to the best of the Contractor's knowledge, information and anon for Payment has been completed in accordance with the have been paid by the Contractor for Work for which previous 1 and payments received from the Owner. and that current ton Corp i Ito before ay of CERTIFICATE FOR PAYMENT Date: BRIAN R. MCBRIDE Res. of Hancock County My Comm. Exp. 11 -29 -2017 "L .11862 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 accordance with the Contract Documents, and the Contractor is entitled to payment of the AMOUNT CERTIFIED. �j AMOUNT CERTIFIED $ � % u U L he.mnount applied. Initial all figures on this ranged to conform upith the amount certified. ) (Attach explanation if amount certified.diffens frt. Application and 01 the Continuation Slh t that CONS UCTION G� BY ARCHIT CT• - By: cts, Inc. Date: 09)2q)1,0 Date: 1(04' This Certificate is not riegotiable. UNT CERTIFIED is payable only to the Contractor named herein. Issuance, payment and acceptance of payment are without prejudice to any rights.of the Owner or Contractor under.this Contract. CAUTION: Youshould sign an original AMA Contract.Document, on,which this text appears in RED.,An original assures thatchanges will not be.obscured. AIA Document G702ICMam —1992. Copyright '© 1992 by The American Institute of Architects. All rights reserved. - WARNING: This AIAa Document is piotected by U.S: Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, orany 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 ot•AIA Contract Documents, e-mail The American Institute of Architects' legal counsel, copyright @aia.org. CONTINUATION SHEET Rage'2 of3 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.: '5 APPLICATION. DATE: 9/15/2010 PERIOD TO: 9/15/2010 ARCHITECTS PROJECT NO. : A B C D E F G H I ITEM N0. DESCRIPTION OF WORK SCHEDULED VALUE WORK COMPLETED MATERIALS PRESENTLY STORED (NOT IN DOR'E) TOTAL COMPLETED 'AND STORED TO DATE '(D +E +Fj g6 (G/ C).. BALANCE TO FINISH (C - G) RETAINAGE (IF VARIABLE RATE)' FROM PREVIOUS . APPLICATION: " (D +.E) THIS PERIOD 1 Concrete Allowance $35;000.00 :$10,894.0.0 $2,225.00 $13,119:00 37% 21,881.00; .2 Motorcoach Connect kit. Allow. $25,000:00 $0.00 $0.00 '0% 25,000.00 3, Motorcoach Co 1nect°Ext..,Allow $25;000:00, $0.00 _ $0.00 ;0% 25;000:00: 4 Allowance- 100,CY Stone $4,500.00 $0.00 ;$1.;350:00 $1,350':00 30% 3,150.00, 5. Allowance -.5000 SF=:Geogrid $3,500.00 $0.00 $0.00 A% '3,500.00 6 Allow. - 30 Galvanized Sleeves $1;500.00 $0.00 _ $0.00 .0% 1,500.00. 7 Supervision $10,000.00 $3,000 :00 $5,000:00 $8,000.00 80% -2,000.00 81 Bonds $1.9;940.00 $19,940.00 $19,940.00 100% - 9 Mobilization /Demobilization $.1,500 :00 $750 :00 :8750.00 50% 750.00 10: Submittals; $12;000 :00 :$12,000.00 $12;000.00 100% - 11 Misc. General,Conditions• $12;000.00 $3,600.00 $6,000 :00 $9,600:00 80% ;2 ;400.00 12. Reber Material $7,500.00 $7;500.00 $7;500.00 100% - 13: Trench Drain $4,000.00 $4,000.00 $4,000:00 100% - 14: Concrete:Curbs $89,000.00 $13,350.00. $66,750.00 .880,100 :00. 90% 8,900.00 15' ,Concrete.Walks /Slabs $93,000 :00 .$32;550.00 $51.,150.00 $83 ;700.00 90% .9;300 :00 16 North Stair 825,000 :00 $0.00 825 ;000.00 $25,000.00 100% - 17 Sheet waterproofing $12,000,:00 $1.2,000.00 $12 ;000 :00 100% - 18. Green Roof &:Decomposed :Granite $104,500 :00 x$32,312.00 $32,312.00 $64,624.00: 62% 39,876 :00 63;400:00 19` Electrical:. $21,,000.00 $0.00 $21.;000.00 $21;000.00 100% -. 20° Earthwork '$240,500 :00 4180,37,5:00 860,,125.00 $240,500 :00 100% 21 Site Signs $3,000.00 $0.00 $0'_00 :0% '3;000:00 22 Joint :Sealants $560.00 $0.00 $0:00 0% 560.00 23: Concrete;Pavers $128,400' :00 $0.00 $121,980:00 .$121;980 :00 95% 6,420.00 24 Permable Pavers $31,200.00 $0.00 $9,360.00 $9,360.00 30% 21,840:00 25; Porous Pavers .$14,400.00 $0.00 $14 ;400.00 $14,400 :0.0 100% - CONTINUATION SHEET Page 3 of 3 APPLICATION AND 'CERTIFICATE FOR PAYMENT, containing;Contractor's signed .Certification,.is attached. In`tabulations,below,,amourits are stated to the:nearestdollar. Use Column I on ,Contracts. where variable retainage.forline items may,appiy. APPLICATION NO. : APPLICATION DATE: PERIOD TO: "ARCHITECTS PROJECT NO. : 5 9/15/2010 9/15/2010 A B C D E F G H 1 ITEM N0. DESCRIPTION OF WORK SCHEDULED VALUE WORK.COMPLETED MATERIALS PRESENTLY STORED (NOT IN Q:OR:E) TOTAL COMPLETED AND STORED TO DATE (D +. E + F} (m.7,,,: : BALANCE TO FINISH (C - "G) RETAINAGE 0 VARIABLE RATE) FROM PREVIOUS APPLICATION (D +.E) THIS PERIOD 26 Granite Pavers $296,000:00 $5,000.00 $252,520.00 $257;520 :00 87% 38,480:00 .27 Topsoil. $48,000':00 $12,000.00 $26 ;400 :00 $38,400.00 80% 9;600.00 28 29. 30 • 31 32 33, 34" 35 36 37' 38: 39. 40 . 41 42 43 44. . 45. 46 47 48. 49' 50, _ $1;268;000 :00 $349;271.00 $663;260 :00 $32;312:00 $1•,044,843.00 82% $175;077:00 $63,400.00 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 7A, Regional Performing Arts Center, Hardscape Package P8 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 Six Hundred Sixty Seven Thousand Ninety Nine and 10/100----- Dollars ($667,099.10) ❑ 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 wner of said premises, any and all lien or claim whatsoever on the above - described property and improvements thereon ccount of LABOR or material or both, furnished by the undersigned thereto, subject to limitations of conditions xp ssed herein, if any; and further certifies that no other party has any claim or right to a lien on account of any wor y-rfo med or material furnished to the undersigned for said project, and within the scope of this affidavit and waiver. Gibraltar Construction Corp By Title President WITNESS MY HAND AND NOTORIAL SEAL 'his 20th tiay of September, 2010. C 1979 1ND ■ANA SUBCONTRACTORS ASSOCIATION INCORPORATED Unautnor.tod Reproducttan Pron■b,ied (Notary Public) r -= ; M BRIDE _ County :. -..._ ._ %: 11 -29 -2017 611862 Rev 101117 Gibraltar Construction Corp 2932 N. Webster Ave. Indianapolis, IN 46219 Invoice 5 Application 5 Check: 2 Date: 10/28/2010 Vendor: GIBR1 Prior P.O. Num. Invoice Amt Balance Retention Discount Amt. Paid 69 695,572.00 695,572.00 28,472.90 0.00 667,099.10 695,572.00 695,572.00 28,472.90 0.00 667,099.10 2 10/28/2010 * * * * * * * ** *667,099.10 THE SUM OF SIX HUNDRED SIXTY SEVEN THOUSAND NINETY NINE DOLLARS AND 10 CENTS Gibraltar Construction Corp 2932 N. Webster Ave. Indianapolis, IN 46219 Gibraltar Construction Corp 2932 N. Webster Ave. Indianapolis, IN 46219 Invoice 5 Application 5 Check: 2 Date: 10/28/2010 Vendor: GIBR1 Prior P.O. Num. Invoice Amt Balance Retention Discount Amt. Paid 69 695,572.00 695,572.00 28,472.90 0.00 667,099.10 695,572.00 695,572.00 28,472.90 0.00 667,099.10