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HomeMy WebLinkAboutGibraltar - $1,000Regions 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 Hardscape installment purchase contract Application 15 (Gibraltar) March 2012 $ 1,000.00 Total Authorized Disbursement $ 1,000.00 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: 5/3/ /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. 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) Paid by Carmel Theater Development Company $ 667,099.10 October 2010 (application 6) Paid by Carmel Theater Development Company $ 128,715.00 November 2010 (application 7) Paid by Carmel Theater Development Company $ 62,034.00 May 2011 (application 8) Paid by Carmel Theater Development Company $ 51,229.00 June 2011 (application 9) Paid by Carmel Theater Development Company $ 576.00 August 2011 (application 10) Paid by Carmel Theater Development Company $ 50,000.00 September 2011 (application 11) Paid by Carmel Theater Development Company $ 31,850.00 October 2011 (application 12) Paid by Carmel Theater Development Company $ 12,400.00 November 2011 (application 13) Paid by Carmel Theater Development Company $ 1,437.00 March 2012 (application 14) Amount to be paid by Carmel Theater Development Company $ March 2012 (application 15) Amount to be paid by Carmel Theater Development Company $ 1,000.00 Document G702 /CMaTM — 1992 Application and Certificate for Payment Construction Manager - Adviser Edition TO OWNER: Carmel Redevelopment Commission PROJECT: One Civic Square Carmel, IN 46032 Regional Performing Arts Center FROM CONTRACTOR: Gibraltar Construction Corp VIA CONSTRUCTION MANAGER: 2932 N. Webster Ave. Indianapolis, IN 46219 CONTRACT FOR: Hardscape Package P8 VIA ARCHJTECT:CSO Architects, Inc. CONTRACTOR'S APPLICATION FOR PAYMENT APPLICATION NO: t4 PERIOD TO: 3/31/12 CONTRACT DATE: 4/13/10 PROJECT NOS: Distribution to: OWNER - ❑ CONSTRUCTION MANAGER ❑ ARCHITECT ❑ CONTRACTOR 0 FIELD ❑ C7 Application is made for payment, as shown below, in connection with the Contract. Continual ion Sheet, ALA, Document G703, is attached. 1, ORIGINAL CONTRACT SUM $ 1,268,000.00 2, Net change by Change Orders $ 52,684.00 3. CONTRACT SUM TO DATE (Line l .i- 2) • $ 1,320,684.00 4. TOTAL COMPLETED & STORED TO DATE (Column (3 on 0703) $ 1,320,684.00 5. RETAINAGE: . a. ;bofCompletied Work (Col umq D + E on G703) $ b. ' :r6c of Stored Material (Coltian F on 0703) $ 1,000.00 Total Retainage (Lines Sa + 5b or Total in Column I of G703) . 6. TOTAL EARNED LESS RETAINAGE (Line 'lLess Line 5 Total) 7. LESS PREVIOUS CERTIFICATES FOR PAYMENT (Line. from prior Certificate) 8. CURREM'T PAYMENT DUE 9. BALANC E TO FINISH, INCLUDING RETAINAGE.' (Line. 3lcss Line 6) CHANGE Total chan Total NET CF-L, $ $ 1,319,684.00 $ 1,319,684.00 0.00 1,000.00 ORDER SUMIW'Y ADDITIONS DEDUCTIONS ge;approaed iii previous months by Owner $ $ a—ett 'this Month $ $ TOTALS: $ g NOES by Change Order $ The undersigned Contractor certifies that to the be of the Contractor's 1:nowledste. information and belief the Work covered by this Application for Payment has been completed in accordance with the Contract Documents, that ail ounts have been paid by the Contractor for Work for which previous Certificates for Payment w s e issued and payments received from the Owner, and that current payment shown herein is no CONTRACTOR: Gibraltar? • .,tstruction Corp By: %p , County of: Date: e4 ��. `� BRIAN; P. , ,. G; ;DE State of:�Jf Subscribed, �a,n�d osw REE (1 me this My C: My Commission eipir.e.sL//>2..fr/7 CERTIFICATE FOR PAYMENT 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 hest 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 GER I:41ED. AMOUNT CERTIFIED (Attach explanation ii amount certified differs f Application and or r Continuation S hat. CONS ; UCTION MAN • GER.. BY: t% tects. 1,oc. By: This Ce cate is named/( erect. Is the Owner or I' it t-gotiable 4 aace $ 11e:4-Mt-applied. Initial all fibures on this id to conform with the amount c trifled.) Date: Date: AMOUNT CER'ITFIED is payable onity to talc Contractor a r - t cceptance of payment are without prejudice to any tights of ntractor under this Contract. 1-z__ CAUTION: 'y should sign an original AIA Contract Document, on which this text appears In RED. An original assures that changes will not be obscured. AiA Demme nt5Ip2CMa n• - 1992. Copyright 1992 by The American Institute 01 Architects. All rights reserved. WARNING: This Ate Document is protected by U.S. Copyright Law and International Treaties. CONTINUATION SHEET Page 2 of 3 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 Tine items may apply. APPLICATION NO. : APPLICATION DATE: PERIOD TO: ARCHITECT'S PROJECT NO. : 14 4/9/2012 3/31/2012 A C D E F G H ITEM NO. DESCRIPTION OF WORK SCHEDULED VALUE WORK COMPLETED MATERIALS TOTAL COMPLETED AND STORED TO DATE (D +E +F) (G 1C) BALANCE TO FINISH (C•G) RETAINAGE (IF VARIABLE RATE) FROM PREVIOUS APPLICATION (D +E) THIS PERIOD PRESENTLY STORED (NOT IN DORE) 1 Concrete Allowance $35,000.00 $34,889.00 $111.00 $35,000.00 100% - 2 Motorcoach Connect Int. Allow $25,000.00 $25,000.00 $25,000.00 100% - , `r 3 Motorcoach Connect Ext. Allow $25,000.00 $18,165.00 $6,835.00 $25,000.00 100% - 4 Allowance - 100 CY Stone $4,500.00 $3,514.00 $986.00 $4,500.00 100% - 5 Allowance - 5000 SF Geo. rid $3,500.00 $3,500.00 ,, $3,500.00 100% - 6 Allow. - 30 Galvanized Sleeves $1,500.00 $1,500.00 $1,500.00 100% - 7 Su•ervision $10,000.00 $10,000.00 $10,000.00 100% - 8 Bonds $19,940.00 $19,940.00 $19,940.00 100% - 9 Mobitlzation/Demobilization $1,500.00 $1,500.00 $1,500.00 100% - 10 Submittals $12,000.00 $12,000.00 $12,000.00 r 100% - 11 Misc. General Conditions $12,000.00 $12,000.00 $12,000.00 100% - 12 Rebar 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 $89,000.00 $89,000.00 100% - 15 Concrete Walks/Slabs $93,000.00 $93,000.00 $93,000.00 100% - 16 North Stair $25,000.00 $25,000.00, $25,000.00 100% - 17 Sheet Waterproofing $12,000.00 $12,000.00 $12,000.00 100% - , 18 Green Roof & Decomposed Granite $104,500.00 $104,500.00 $104,500.00 100% - 1,000.00 19 �20 Electrical $21,000.00 $21,000.00 $21,000.00 100% - Earthwork $240,500.00 $240,500.00 $240,500.00 100% - 21 Site Signs $3,000.00 $3,000,00 $3,000.00 100% - 22 Joint Sealants $560.00 $560.00 $580.00 100% - 23 Concrete Pavers $128,400.00 $128,400.00 $128,400.00 100% - 24 Permable Pavers $31,200.00 $31,200.00 $31,200.00 100% - 25 Porous Pavers $14,400.00 $14,400.00 $14,400.00 100% - CONTINUATION SHEET Page 3 of 3 APPLICATION AND CERTIFICATE FOR PAYMENT, containing Contractor's signed Certification, is attached. In tabulations below, amounts are stated to the nearest dollar. Use Column 1 on Contracts where variable retainage for line items may apply. APPLICATION NO. : APPLICATION DATE: PERIOD TO: ARCHITECT'S PROJECT NO. : 14 4/9/2012 3/31/2012 A 13 C D E F G H I ITEM NO. DESCRIPTION OF WORK SCHEDULED VALUE WORK COMPLETED MATERIALS TOTAL COMPLETED AND STORED TO DATE (D +E +F) % (G ! C) BALANCE TO FINISH (C - G) RETAINAGE (IF VARIABLE RATE) FROM PREVIOUS APPLICATION (p +E) THIS PERIOD PRESENTLY STORED (NOT IN DORE) 26 Granite Pavers $296,000.00 $296,000.00 $296,000.00 100% - 27 TopSoil $48,000.00 $48,000.00 $48,000.00 100% - 28 Change Order #1 $29,409.00 $29,409.00 $29,409.00 100%4 - 29 Change Order #2 $31,207.00 $31,207.00 $31,207.00 100% - 30 Change Order #3 - $7,932.00 - $7,932.00 - $7,932.00 100% - 31 32 33 _ 34 35 36 37 - 38 - 39 40 41 H 42 4 43 44 . 45 46 47 48 49 50 $1,320,684.00 $1,320,684.00 $0.00 $0.00 $1,320,684.00 100% $0.0D $1,000.00 ISA Form #1-402 AFFIDAVIT AND WAIVER OF LIEN ❑ FINAL PARTIAL ►t PAYMENT TO FOLLOW State of Indiana, County of Marion, SS Michael Smith being duly sworn state that he is the President of Gibraltar Construction Corp having contracted with the Owner to furnish certain materials and / or labor for a project known as Parcel 7A, Regional Performing Arts Center, Hardscape Package P8 and owned by Village Financial, LLC. and does hereby further state on behalf of the aforementioned contractor: (PARTIAL WAIVER) that there is due from the Owner the sum of Dollars ($.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 t on the above - described property and improvements there undersigned thereto, subject to limitations of conditions e has any claim or right to a lien on account of any work p and within the scope of this affidavit and waiver. Gibraltar Construction Corp By WITNESS MY HAND AND NOTORIAL SE m 19 r9 tNO1ANA SUOCO$arwAC1ODAS ASSOCIATION INCORPORATED Unoutno' eaf Fo o'uctwn i4on.blaotl S EAL wrier 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 saki project, h� day f April, 2012. Title President (Notary Public) BRIAN R. MCBRIDE Res. of Hancock County My Comm. Exp. 11 -29 -2017 rc777' sslon # 611862 tier 1040 Document 0792 /CMaiM 1992 Application and Certificate for Payment Construction Manager - Adviser Edition TO OWNER: Carmel Redevelopment Commission One Civic Square Carmel, IN 46032 FROM CONTRACTOR: CONTRACT FOR: PROJECT: Regional Performing Arts Center Gibraltar Construction Corp VIA CONSTRUCTION MANAGER: 2932 N. Webster Ave. Indianapolis, IN 46219 Hardscape Package P8 VIA ARC}iiTECT:CSO Arhitects, inc. APPLICATION NO: 15 PERIOD TO: 3/31/12 CONTRACT DATE: 4113110 PROJECT NOS: Distribution to: OWNER ❑ CONSTRUCTION MANAGER 0 ARCHITECT o CONTRACTOR 0 FIELD 0 0 CONTRACTOR'S APPLICATION FOR PAYMENT AppIicaticn is made for payment. as shown below, in connection kith the Contr act. ContinuationSheet, AAA Document 0703. is attached. 1. ORIGINAL CONTRACT SUM S. 1,268,000.00 2. Net change by Change Orders $ 52,684.00 3. CONTRACT SUM TO DATE (Line'l ± 2) • $ 1,320,684.00 4. TOTAL COMPLETED & STORED TO DATE (Column G on G703) ............ $ 1,320,684.00 5. RETAINAGE: a, *- of.Cornpieted Work (ColAnua,l + E on 0703) $ b. of Stored Material (Column F on G703) $ Total Rctanage (Lines 5a + 5b or Total in Column I of 0703) .. 3 0.00 6. TOTAL EARNED LESS RETAiNAGE (Lint 4 Less Line 5 Total) 7. LESS PREVIOUS CERTIFICATES FOR PAYMENT (L ins 6from prior Certificate) 8. CURREN T PAYMENT DUE 9. BALANC ETO FINISH, INCLUDING RETAiNAGE (Line= 3Iess Line 6) CHANGE O Total chan..gc Total appr.„ NET CHAIN $ $ 1,320,684.00 1,319,684.00 1,000.00 0.00 DER SUMMARY ., ADDPIIONS DEDUCTIONS ! approved -in previous months by Owner $ $ :dithis' Mon th $ $ $ TOTALS $ 7 TES by Change Order $ The. undersigned Contractor c-- titles that to the best of the Contractor's kno'.vicdge, information and belief the Work covered by thi Application for Payment has been completed in accordance with the Contract Documents, that al ` ounts have been paid by the Contractor for Work for which previous Certificates for Payment ;ir;} "slued and payments received from the Owner, and that current payment shown herein is CONTRACTOR: Gibral`'[r, aj. truction Corp By: State of:s,..."j County of: Subscribed an me this No i Date: BRIAN R. MCBRIDE RES. of Hancock Count' My Comm. Exp. 11-29-2017 ,Jnrtim��Cin My Commission expires': CERTIFICATE FOR PAYMENT 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. AMOUNT CERTIFIED (Attach explanation if amount certified differs from 11 Application and o re Continuation Sh ,,t that are ji, ed'to conform with the ar�rount c :fled.) $ itheapplied. Initial all figures on this CONST By: ARCHI. By; This Cey-t narnetl'hcre Issu the er or Contr Date: tz- Date: �•. 4UUNT CERTIFIED is payable ly to tle Contractor ptance of payment are without prejudice to any rights of et CAUTION: Ya; should sign an original AIA Contract Document, on which this text appears in RED. An original assures that changes will not be obscured. ALA D ocume niG702!CMa nt — 1992. Copyright ® 1992 by The American lnstitute of Architects. All rights reserved. WARNING: This AlA' Document is protected by U.S. Copyright Law and international Treaties. CONTINUATION SHEET Page 2 of 3 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. : APPLICATION DATE: PERIOD TO: ARCHITECT'S PROJECT NO. : 15 4/9/2012 3/31/2012 A C ID E F G H I ITEM NO. DESCRIPTION OF WORK SCHEDULED VALUE WORK COMPLETED MATERIALS TOTAL COMPLETED AND STORED TO DATE (D +E +F) % (3 t C) BALANCE TO FINISH (C - G) RETAINAGE (IF VARIABLE RATE) FROM PREVIOUS APPLICATION (D +E) THIS PERIOD PRESENTLY STORED (NOT IN DORE) 1 Concrete Allowance $35,000.00 $35,000.00 $35,000.00 100% - 2 Motorcoach Connect Int. AIIow $25,000.00 $25,000.00 $25,000.00 100% - 3 Motorcoach Connect Ext. Allow $25,000.00 $4,500.00 $25,000.00 $4,500.00 $25,000.00 $4,500.00 100% 100% - - - 4 Allowance - 100 CY Stone 5 Allowance - 5000 SF Ge• odd $3,500.00 $3,500.00 $3,500.00 100% - -- , 6 Allow. - 30 Galvanized Sleeves $1,500.00 $10,000.00 $1,500.00 $10,000.00 $1,500.00 $10,000.00 100% 100% - - 7 Supervision 8 Bonds $19,940.00 $1,500.00 $12,000.00 $19,940.00 $1,500.00 $12,000.00 $19,940.00 $1,500.00 $12,000.00 100% 100% 100% - - 9 Mobilization /Demobilization 10 Subngtals 11 Misc. General Conditions $12,000.00 $12,000.00 $12,000.00 100% - 12 Retar laterial $7,500.00 $7,500.00_ $7,500.00 100% - t 13 Trench Drain $4,000.00 $89,000.00 $93,000.00 $4,000.00 $89,000.00 $93,000.00 $4,000.00 $89,000.00 $93,000.00 100% 100% 100% - - - 14 Co> cretes Curbs 15 Conncrete Walks /Slabs 16 1' 7 North Stair _ $25,000.00 $25,000.00 $25,000.00 100% - SheetWaterproofin9 $12,000.00 $12,000.00 $12,000.00 100% - 18 Grc-;enRoof 8, Decom• •sed Granite $104,500.00 $104,500.00 $104,500.00 100% - 19 Ele`ctroal $21,000.00 $21,000.00 $21,000.00 100% - 20 Earthwork $240,500.00 $240,500.00 $240,50000 100% - 21 Sit- Sgns $3,000.00 $560.00 $128,400.00 83,000.00 $560.00 $128,400.00 $3,000.00 $560.00 $128,400.00 100% 100% 100 % - - - 22 Joitt sealants 23 Cozinc>7te Pavers 24 Per -rn.le Pavers $31,200.00 $31,200.00 $31,20000 100% - 25 Por-ous Pavers $14,400.00 $14,400.00 $14,400.00 100% - CONTINUATION SHEET Page 3 of 3 APPLICATION AND CERTIFICATE FOR PAYMENT, containing Contractor's signed Certification, is attached. In tabulations below, amounts are stated to the nearest dollar. Use Column ( on Contracts where variable retainage for line items may apply. APPLICATION NO. : APPLICATION DATE: PERIOD TO: ARCHITECT'S PROJECT NO. : 15 4/9/2012 3/31/2012 D E F G H ITEM NO DESCRIPTION OF WORK SCHEDULED VALUE WORK COMPLETED MATERIALS TOTAL COMPLETED AND STORED TO DATE (D + E+ Fl % (G / C) BALANCE TO FINISH (C GI RETAiNAGE IF VARIABLE RATE FROM PREVIOUS APPLICATION (D + E) THIS PERIOD PRESENTLY STORED (NOT IN D OR E) 28 Granite Pavers $296,000.00 $296,000.00 $296,000.00 100% 27 Topsoil $48,000.00 $48,000.00 848,000.00 100% - 28 Change Order #1 $29,409.00 $29,409.00 $29,409.00 100% - 29 Charge Order #2 $31,207.00 $31,207.00 $31,207.00 100% - 30 Cha 'e Order #3 - $7,932.00 - $7,932.00 - $7,932.00 100% - ----- 31 32 33 34� 35 36 37 _ 38 _ 39 40 41 I. 42 , 1 44 _ 45 46 l' 47 —0-1-7.1.- ._ 49 50 $1,320,684.00 81.320,684.00 80.00 80.00 $1,320,684.00 100% $0.00 80.00 ►tl ISA Form #1-402 AFFIDAVIT AND WAIVER OF LIEN FINAL ❑ PARTIAL PAYMENT TO FOLLOW State of Indiana, County of Marion, SS Michael Smith being duly sworn state that he is the President of Gibraltar Construction Corp having contracted with the Owner to furnish certain materials and / or labor for a project known as Parcel 7A. Regional Performing Arts Center, Hardscape Package P8 and owned by Village Financial, LLC. and does hereby further state on behalf of the aforementioned contractor: (PARTIAL WAIVER) that there is due from the Owner the sum of Dollars ($.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 One Thousand and ------------------- No/100 Dollars ($1,000.00) ❑ 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 receip of such payment. THERFORE, the undersigned waives and releases unto the on the above - described property and improvements thereo undersigned thereto, subject to limitations of conditions ex has any claim or right to a lien on account of any work pe and within the scope of this affidavit and waiver. Gibraltar Construction Corp By ner of said premises, any and all lien or claim whatsoever mount of LABOR or material or both, furnished by the d herein, if any; and further certifies that no other party or material furnished to the undersigned for said project, Title President WITNESS MY HAND AND NOTORIAL SEAL, this Cs 1979 1141t714MA SUBCObtW ACT ORS ASSOCIATION i COAPOAATED un.ullTen.taa POW & suction PiOArtncod BRIAN R. MCBRIDE Fes. of i-i2fCOCk County My Comm. Ex p. 11 -29 -2017 Cerra sicn # 611862 Gibraltar Construction Corp 2932 N. Webster Ave. Indianapolis, IN 46219 Invoice P.O. Num. 15B 69 Applications 14 and 15 Check: 148 Date: 6/4/2012 Vendor: GIBR1 Prior Invoice Amt Balance Retention Discount Amt. Paid 1,000.00 1,000.00 0.00 0.00 1,000.00 1,000.00 1,000.00 0.00 0.00 1,000.00 148 6/ 4/2012 * * * * * * * * ** *1,000.00 THE SUM OF ONE THOUSAND DOLLARS AND NO CENTS ***************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** Gibraltar Construction Corp 2932 N. Webster Ave. Indianapolis, IN 46219 Gibraltar Construction Corp 2932 N. Webster Ave. Indianapolis, IN 46219 Invoice P.O. Num. 15B 69 Applications 14 and 15 Check: 148 Date: 6/4/2012 Vendor: GIBR1 Prior Invoice Amt Balance Retention Discount Amt. Paid 1,000.00 1,000.00 0.00 0.00 1,000.00 1,000.00 1,000.00 0.00 0.00 1,000.00