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SECOA - $38,844.15
Exhibit D Disbursement Instructions Mercantile 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 Village Financial, LLC Application 7 (SECOA) February 2011 — retainage $ 38,844.15 Total Authorized Disbursement $ 38,844.15 ' All terms used in these Disbursement Instructions without definition shall have the meanings ascribed thereto in that certain Loan Agreement (PAC Fixed Seating), dated, as of August 31, 2009, by and between Lender and Village Financial, LLC. Dated: L/ 4// CITY OF CARMEL REDEVELOPMENT COMMISSION By Printed Title Les S. Olds Executive Director Draft Theater Seating SECOA (Mercantile) January 2009 Paid by Village Financial $ 7,515.00 May 2009 Paid by Village Financial $ 67,500.00 May 2010 Paid by Village Financial $ 165,150.00 October 2010 Paid by Village Financial $ 448,073.85 November 2010 Paid by Village Financial $ 19,800.00 December 2010 Paid by Village Financial $ 4,000.00 February 2011 Amount to be paid by Village Financial $ 38,844.15 i&kIA TM Document G732 - 2009 Application and Certificate for Payment, Construction Manager as Adviser Edition TO OWNER: City of Carmel Indiana PROJECT: Redevelopment Commission Indianapolis, IN 46032 FROM CONTRACTOR: CONTRACT FOR: SECOA. Inc. 8650 109th Ave. North Champlin, MN 55316 Bid Package 45200 - Fixed Audience Seating VIA CONSTRUCTION MANAGER: Carmel Regional Performing Arts Center 777 3rd Ave. Carmel. IN 46032 Shiel Sexton Co. Inc. VIA ARCHITECT: CSO Architects, Inc. APPLICATION NO: 007 -final PERIOD TO: February 28, 2011 CONTRACT DATE: November 18. 2008 PROJECT NOS: / / 2695 -5200 DISTRIBUTION TO: OWNER CONSTRUCTION MANAGER ARCHITECT CONTRACTOR FIELD OTHER CONTRACTOR'S APPLICATION FOR PAYMENT Application is made for payment, as shown below. in connection with the Contract. AIA Document G7O3TM, Continuation Sheet. is attached. 1. ORIGINAL CONTRACT SUM $ 835,196.00 2. NET CHANGES IN THE WORK $ - 58,313.00 3. CONTRACT SUM TO DATE (Line 1 ± 2) $ 776,883.00 4. TOTAL COMPLETED AND STORED TO DATE (Column G on G703) $ 750,883.00 5. RETAINAGE: a. 0 % of Completed Work (Column D + Eon G703) $ 0.00 b. 0 % of Stored Material (Column F on G703) $ 0.00 Total Retainage (Lines 5a + 5b, or Total -in Column 1 on G703) $ 6. TOTAL EARNED LESS RETAINAGE $ (Line 4 minus Line 5 Total) 7. LESS PREVIOUS CERTIFICATES FOR PAYMENT $ 712,038.85 (Line 6 front prior Certificate) 0.00 750,883.00 8. CURRENT PAYMENT DUE 9. BALANCE TO FINISH, INCLUDING RETAINAGE (Line 3 minus Line 6) $ 38,844.15 26,000.00 SUMMARY OF CHANGES IN THE WORK ADDITIONS DEDUCTIONS Total changes approved in previous months by Owner $ 0.00 $ 58,313.00 Total approved this month including Construction Change Directives $ 0.00 $ 0.00 TOTALS $ 0.00 $ 58,313.00 NET CHANGES IN THE WORK $ - 58,313.00 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 ainounts 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. CON TOR: State of: Minnesota County of: Hennepin Subscribed and to b +re me this _ day of Notary Public: Pam Woo. is My Commission expires: January 31, 2015 CERTIFICATE FOR PAYMENT In accordance with the Contract Documents, based on evaluations of the Work 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. Date: February 23, 2011 N vy_yvvv∎nnnnnnn ' "`'r\ PAM WOODIS Vitilr- i Notary Public- Minnesota ,_ (".' 44;,,, My Commission Expires Jan 31, 2015 AMOUNT CERTIFIED (Attach explanation if amount certified differs from th Application and on the Continuation Shy 1 that ar CONS RUCTION By: ARC the Proj AGE •' ff''9rltiple Prime Contractors are responsible for perforni . ing po tuns of ect's Certification is not required.) $ 38,844.15 mount applied. Initial all figures on this ged to conform with the amount certified.) Date: By: Date: 02.1ZVI 1,' This Certificate is not negotiable. The AMOUNT 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. AIA Document G732T"" — 2009 (formerly G702T"CMa — 1992). Copyright © 1992 and 2009 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. This document was produced by AIA software at 14:57:56 on 02/23/2011 under Order No.4885284730_1 which expires on 11/11/2011, and is not for resale. User Notes: (1685401669) 1 CONTINUATION SHEET AIA DOCUMENT 0703 PAGE OF PAGES ALA Document G702, APPLICATION AND CERTIFICATION 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. SECOA, Inc. APPLICATION NO: 7 -final APPLICATION DATE: 02/23/11 PERIOD TO: 02/28/11 SECOA'S PROJECT NO: 1 1786 -JRD Carmel Performing Arts Center 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 (IF VARIABLE APPLICATION STORED AND STORED (C - G) RATE) (D + E) (NOT IN TO DATE D OR E) (D +E +F) 1 Performance & Payment Bond 8,350.00 8,350.00 8,350.00 100% 2 Shop Drawings, Engineering, Samples, Coordination 75,000.00 75,000.00 75,000.00 100% 3 Procurement of Custom Fabric 59,000.00 59,000.00 59,000.00 100% 4 Procurement of Custom End Panels 127,000.00 127,000.00 127,000.00 100% 5 Fixed Audience Seating - Materials 364,346.00 364,346.00 364,346.00 100% 6 Fixed Audience Seating - Labor 82,600.00 82,600.00 82,600.00 100% 7 Demountable Seating - Materials 71,500.00 71,500.00 71,500.00 100% 8 Demountable Seating - Labor 7,400.00 7,400.00 7,400.00 100% 9 General Allowance -5200A 35,000.00 11,000.00 11,000.00 31% 24,000.00 10 CAD Allowance -5200B 5,000.00 3,000.00 3,000.00 60% 2,000.00 11 CO #1 -Wood change on Seating (35,083.00) (35,083.00) (35,083.00) 100% 12 CO #2- Allowance Reduction (23,230.00) (23,230.00) (23,230.00) 100% 13 CO #3 -Labor for Work Directive Change 0.00 GRAND TOTALS 776,883.00 750,883.00 0.00 0.00 750,883.00 26,000.00 0.00 Users may obtain validation of this document by requesting of the license a completed AIA Document D401 - Certification of Document's Authenticity AIA DOCUMENT G703 CONTINUATION SHEET FOR G702 1992 EDITION AIA ©1992 THE AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK AVENUE. N W WASHINGTON. D C 20006 -5232 G703 -1992 Theatre Equipment 1 Systems 1 Integration CONDITIONAL WAIVER AND RELEASE UPON FINAL PAYMENT Upon Receipt of a check from Village Financial, Inc. in the sum of $38,844.15 payable to SECOA, Inc. and when the check has been properly endorsed and has been paid by the Bank upon which it is drawn, this document shall become effective to release any mechanic's lien, stop notice, or bond right the undersigned has on the job of Carmel Regional Performing Arts Center Located at: 777 3rd Ave. SW, Carmel, IN. This release covers the final payment to the undersigned for all labor, services, equipment, or material furnished on the job, except for disputed claims for additional work in the amount of $ . Before any recipient of this document relies on it, the party should verify evidence of payment to the undersigned. Dated: February 23, 2011 SECOA, Inc. /4 /Ire. Mary T. M fer, Secret piasa member 8650 109`h Avenue North • Champlin, Minnesota 55316 -3789 (763) 506 -8800 • (763) 506 -8844 facsimile • www.secoa.com r6