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HomeMy WebLinkAboutGibraltar, LaFever Electric, Meyer Najem - $32,611.77 .M1 Regions 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 Amphitheater Equipment and Improvements installment purchase contract Invoice 02-11-750-03(Meyer Najem) May 2011 $ 4,025.29 Pay application 3(LaFever) May 2011 $ 7,211.48 Pay application 2(Gibraltar) May 2011 $ 21,375.00 Total Authorized Disbursement $ 32,611.77 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: G.72)4 CITY OF CARMEL REDEVELOPMENT COMMISSION By: 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 customary submittals. Draft Amphitheater (Meyer Najem) March 2011 (invoice 02-11-750-01) Paid by the Carmel Theater Development Company $ 2,861.32 April 2011 (invoice 02-11-750-02) Paid by the Carmel Theater Development Company $ 17,915.38 May 2011 (invoice 02-11-750-03) Amount to be paid by the Carmel Theater Development Company $ 4,025.29 13099 Parkside Drive Fishers, IN 46038 .� ' 317-577-0007 .— 317-577-0286(fax) CONSTRUCTION May 25, 2011 CSO Invoice#: 02-11-750-03 8831 Keystone Crossing Terms: Net 30 Days Indianapolis, IN 46240 Attn: Brandon Bogan Project: Carmel Amphitheater For Period Ending: 5/25/11 Schedule of Value Prior Billings I Current Billing I Cumulative Total I. Staffing $ 13,165.00 $ 9,624.42 $ 2,434.19 $ 12,058.61 II. General Conditions $ - III. Construction Manager Fee $ 13,165.00 $ 11,152.28 $ 1,591.10 $ 12,743.38 $ 24,801.99 $ 26,330.00 TOTAL AMOU T DUE $ 4,025.29 Tim Russell,President If you have any questions,please reference the invoice number. Draft Amphitheater (LaFever Electric) March 2011 (application 1) Paid by the Carmel Theater Development Company $ 11,655.00 April 2011 (application 2) Paid by the Carmel Theater Development Company $ 13,249.12 May 2011 (application 3) Amount to be paid by the Carmel Theater Development Company $ 7,211.48 % �.x s P TM ®cument 712/C= a ® 1992 RECFrvE® Application and Certificate for Payment Construction Manager-Adviser Edition MEY�,�MAY 23 2011 TO OWNER:Carmel Theatre Dev. Commission PROJECT: 3 d Avenue Southwest APPLICATION NO: 3�� '�'���M Cp�STRU�j Distribution to: 30 West Main Street, Suite 220 Carmel, Indiana PERIOD TO: 5/31/2011 ON OWNER ❑ Carmel, Indiana 46032 CONSTRUCTION MANAGER ❑ FROM CONTRACTOR: VIA CONSTRUCTION MANAGER: CONTRACT DATE: 3/7/2011 ARCHITECT ❑ LaFever Electric, Inc. Meyer Najem Construction, LLC PROJECT NOS: 1777 I I CONTRACTOR ❑ 131 N. Rangeline Road Carmel, Indiana 46032 VIA ARCHITECT: FIELD ❑ CONTRACT FOR: CSO Architects, Inc. ❑ CONTRACTOR'S APPLICATION FOR PAYMENT The undersigned Contractor certifies that to the best of the Contractor's knowledge, information and Application is made for payment,as shown below, in connection with the Contract. 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 Continuation Sheet, AlA Document G703,is attached. Certificates for Payment were issued and payments received from the Owner, and that current 1.ORIGINAL CONTRACT SUM $ 41,500.00 payment shown herein is now due. 2. Net change by Change Orders $ -5,816.00 CONTRACTOR,, iaF,1ver Electr•ca Inc. 3.CONTRACT SUM TO DATE(Line I ±2) $ 35,684.00 By: -�� ( . �L 0 , Date: 5/20/2011 4.TOTAL COMPLETED&STORED TO DATE(Column G on G703) $ 35,684.00 State of: Indiana Michael A. LaFever, Vice-President 5.RETAINAGE: County of: Hamilton \\uottuuuwnurr,„on Nt pi a. 10 %of Completed Work Subscribed and sworn to before •° P ... B� 3,568.40 me this 20th a o- Ma 01 O.: ' (Column D+Eon G703) $ y . � _ b. 10 %of Stored Material Notary Public: _�� ��% ��'Colleen S. Marvel (Column F on G703) $ - My Commission xpires: A• I- ;!,: -ya E Total Retainage(Lines 5a+5b or Total in Column I of G703).. $ 3,568.40 CERTIFICA PAYM 2.9 ' ------ 32,115.60 In accordance with the Contract Documnts, )-aged on on-site obevations and the data comprising 6.TOTAL EARNED LESS RETAINAGE $ this application, the Construction Manager*I I y 1+test• 'f 405 the Owner that to the best of their (Line 4 Less Line 5 Total) knowledge, information and belief the Work�o,tdPds iss ldicated, the quality of the Work is in ' 7.LESS PREVIOUS CERTIFICATES FOR PAYMENT $ 24,904.12 accordance with the Contract Documents,and the tT1RtkiIit or is entitled to payment of the OUNT (Line 6 from prior Certificate) CERTIFIED. ����� 8.CURRENT PAYMENT DUE $ 7,211.48 AMOUNT CERTIFIED $ 9.BALANCE TO FINISH,INCLUDING RETAINAGE (Attach explanation if amount certified differs,from the amount applied. Initial alt figures on this Application and on ti: ttinuation Sheet that are changed to conform with the amount certified.) (Line 3 less Line 6) $ 3,568.40 CONSTRUCTION MS' By: Date: t:.1.! CHANGE ORDER SUMMARY ADDITIONS DEDUCTIONS ARCHITECT: Total changes approved in previous months by Owner $ - $ 5,816.00 By: �Jr Date: rill 11 Total approved this Month $ - $ - This Certificate is no; .`iabl,'. The "VOdN ""'--' IFIED is payable onl' to the ontractor TOTALS $ - $ 5,816.00 named herein. fssu,•- - ,-<ymetr and acceptance of payment are without prejudice to any rights of NET CHANGES by Change Order $ -5,816.00 the Owner or Co.• ,'r under his Co�y/ct. 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/CMarM-1992.Copyright ©1992 by The American Institute of Architects.All rights reserved.WARNING:This Ale 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 7B-2 Amphitheater APPLICATION DATE 5/20/2011 PAGE NUMBER 1 APPLICATION NUMBER 3 PERIOD TO 5/31/2011 A B C D 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 2,500.00 2,450.00 50.00 2,500.00 100 - 250.00 - L 4,500.00 4,410.00 90.00 4,500.00 100 - 450.00 2.00 Wire M 4,525.00 3,167.50 1,357.50 - 4,525.00 100 - 452.50 - - L 2.200.00 1,540.00 660.00 2,200.00 100 - 220.00 3.00 Switchgear M 5,000.00 250.00 4.750.00 5,000.00 100 - 500.00 - - L 2,525.00 126.25 2,398.75 2,525.00 100 - 252.50 4.00 Light Fixtures M 3,600.00 3,060.00 540.00 - 3.600.00 100 - 360.00 - L 1,200.00 1,020.00 180.00 1,200.00 100 - 120.00 5.00 Excavating 1,000.00 1,000.00 - 1,000 00 100 - 100.00 6.00 Core Drilling and Weatherproofing 2,200.00 2,200.00 - 2,200.00 100 - 220.00 7.00 Allowance 10,000.00 - 10,000.00 10,000.00 100 - 1,000.00 8.00 Payment and Performance Bond 750.00 750.00 - 750.00 100 - 75.00 9.00 Submittals 500.00 500.00 - 500.00 100 - 50.00 10.0 Mobilization 500.00 500.00 - 500 00 100 - 50.00 11.0 Closeout 500.00 - 500.00 500.00 100 - 50.00 12.0 Unused Retainage (5,816.00) - (5,816.00) (5.816.00) 100 - (581.60) - - M - - - - - - - - - L - - - - - - M - - - - - - - L - - - - - - M - - - - - - - L - - - - - - - - M - - - - - - - L - - - - - 35,684.00 20,973.75 14,710.25 - 35,684.00 - 3,568.40 WAIVER OF LIEN To DATE MHO of Indiana 1 SS County of Hamilton l File 4_ TO WHOM IT MAY COMERN: WHEREAS the undersigned has btsn employed by LaFever Electric,Inc. to furnish Electrical Work tsar the inuntiscs described as 7B-2 Amphitheater Camas ivana...mevenz eona of which Cannel Theatre Development Commission iA the come Seveniousand Two Hundred Eleven Dollars and Forty-eight Cents 1-1-16 undentigned,for end in consideration Co of (s 7,211.48 )tolls and oAtcr good and valuable consideration,the receipt whereof is ha by aclutoviledgad,do(m)hereby Waite and teleaao any end nil lien or c l&bu or right of lien under the Sedates of the Stato wherein the lard is located,relating to I deehardes hens.an the above described premier end improvements theme,and on the manias or char consideration due or to became due from the owner,on aoem mt of tabor or settee+',material,fauns or Omer tie harnnhtre thmitbed to tkk date by the uedwelgned tar era Shiva daomibea p,amrsoa. S-Ivied ads 20th day Qf May zp 11 •--kA3. 4-- (1 - �,�-- Michael A. LaFcvcr,Vice-President sin NOM M warren oast be for the fall amount paid.If waiver is for a corporation,ante name should be wed,corporate seat dared and tido of officer Amine waiver should beset fortbt If welter is for partnership,the partnership carne should be lased,Firmer shook.live and designate blooding part's. CONTRACTOR'S AFFICAVIt State of India )ss County of Hamilton_ TO WHOM IT MAT CONCERN; THE undersigned.being duly sworn,deposes and says that he is Vice-President of LaFever Electric,Inc. who h the contractor fbfr the Electrical Work _ work on tbe balidittg heated st —'.ird Avenue southwest,Cannel Indiana 46632 tweed by arme eatre eve o r men' ommission That We total caster of the centred d Including arms is S 35,684.00 _ on'Mich he has received peymeetof s 11\655.00 prior to Oils payment.Thet all'rraivas sec hut,coact and genuine sad dethe rod mtconditionai y and that heft:is no elnhn either lead or equitable to defeat the validity of said waivers.Td®t the fallowing are the notes of all parties who have banished mutate or tabor,or bad far said work and all pis Raving contracts or cohcontracts air operatic porn=ofssid wont or for marrsial Mating Into the cots'motion reel fwnd t n Known Coo or w bvcwttn due to each,and tint the dills mcatlatcd included all labor and=tub] to....•.: said work moans to Into and .-: ems: MUGS i_ we mum •: • Y ■ f;dlaA1174-V TiT ,i0er11]►.IS ,': 1oI i i I ,.,:.,- „otA -,.. '4.'7. I i I I I 1 1771 IM.11111>, 'f teat slwre tun no other emcee fix said wort outstanding and• st oleic is oothmP duo or to become doe to coy perk) :. material,arbor or Ohm.work. *fly kind done or to be done-upon of ie emanation with said work other then above tev4 u ; gor d this 20th dad May ,2n 1 1 ..........;lunUru� ,"M 0 � n �'-- ' 0 vtichael A. LaFever Vice-President _ a.,soa,r�rax,.abud suixartbod and sworn to helot no thus 20th day E J11': • Colleen . ,4 . el Draft Amphitheater (Gibraltar) April 2011 (application 1) Paid by the Carmel Theater Development Company $ 174,660.00 May 2011 (application 2) Amount to be paid by the Carmel Theater Development Company $ 21,375.00 • ' '19- /` A 4.4..,..:. „v.: .tea Document G7021Ca TM 1992 Application and Certificate for Payment Construction Manager-Adviser Edition TO OWNER: • PROJECT: APPLICATION NO: Distribution to: Carmel Redevelopment Commission Parcel7-B,Center for the Performing Arts#26238 2 30 West Main Street,Suite 220 PERIOD TO: 5/30/11 OWNER ❑ Carmel, IN 46032 CONSTRUCTION MANAGER ❑ FROM CONTRACTOR: VIA CONSTRUCTION MANAGER: iisCE.vEC• CONTRACT DATE: ARCHITECT ❑ Gibraltar Construction Corp 4/13/10 2932 N.Webster Ave. MQY o PROJECT NOS: I I CONTRACTOR I=1 Indianapolis,IN 46219 VIA ARCHITECT: MEYER A,,, 2011 FIELD ❑ • CSO Architects,'fKVEll j CONTRACT FOR: Amphitheater Package CON ST CI RV CONTRACTOR'S APPLICATION FOR PAYMENT The undersigned eeriithactor certi■ .s that to the best of the Contractor's knowledge, information and Application is made for payment,as shown below,in connection with the Contract. belief the Work covered by is plication for Payment has been completed in accordance with the Continuation Sheet,AIA Document G703,is attached. Contract Documents,that al m i 1 is have been paid by the Contractor for Work for which previous Certificates for Payment i re • ued and payments received from the Owner, and that current 1.ORIGINAL CONTRACT SUM • $ 221.800.00 payment shown herein is n,;l . . 2.Net change by Change Orders $ 0.00 CONTRACTOR:Gibralt-. o1 truction Corp 3.CONTRACT SUM TO DATE(Line-1 ±2) $ 221,800.00 By: Date: �3�/J 4.TOTAL COMPLETED&STORED TO DATE(Column G on G703) $ 207;125.00 State of: �/ „'",mot" "`" t ��` BRIAN R, MCBRIDE 5.RETAINAGE: County of: 7': �o a. %of Completed Work Subscribed an. Born to bef Res. of Hancock County(Column D+Eon G703 $ 11,090.00 me this da -of., i i/J my Comm,y ice ► I PN Commisslon # 6 186017 b. %of Stored Material Notary P • '. - 2 (Column F on G703) $ My Commission expires: //--.�f--/7 Total Retainage(Lines 5a+5b or Total in Column I of G703).. $ CERTIFICATE FOR PAYMENT 196,035.00 In accordance with the Contract Documents, based on on-site observations and the data comprising 6.TOTAL EARNED LESS RETAINAGE $ this application,the Construction Manager and Architect certify to the Owner that to the best of their (Line 4 Less Line 5 Total) knowledge,information and belief the Work has progressed as indicated,the quality of the Work is in 7.LESS PREVIOUS CERTIFICATES FOR PAYMENT $ 174,660.00 accordance with the Contract Documents,and the Contractor is entitled to payment of the AMOUNT (Line 6 from prior Certificate) CERTIFIED. �� 8.CURRENT PAYMENT DUE $ 21,375.00 AMOUNT CERTIFIED • $ 2 a3.715-�---� 9.BALANCE TO FINISH,INCLUDING RETAINAGE (Attach explanation if amount certified differs from the amount applied. Initial all figures on this • Application and on .ontinuation Sheet that are changed to conform with the amount certified.) (Line 3 less Line 6) $ 25,765.00 CONSTRUCTION,(i111121?:.:"` i • • By '� ;,,-.0,-,t,!,,- Date: =. CHANGE ORDER SUMMARY • ADDITIONS DEDUCTIONS ARCHITECT: Total changes approved in previous months by Owner $ $ B CSO Architects"Inc. • By: Date: 11 Total approved this Month $ ' .$ This Certificate is.,not negotiable. The AMOUNT CERTIFIED is payable on` to t'e Contractor • TOTALS $• $ named.herein. Issuance;payment and acceptance of payment are without prejudice to any rights of • NET CHANGES by Change Order $ the Owner or 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 G702ICMaml—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 2 of 2 APPLICATION AND CERTIFICATE FOR PAYMENT,containing Contractor's signed Certification, is APPLICATION NO. : 2 attached. In tabulations below, amounts are stated to the nearest dollar. Use Column I on Contracts where APPLICATION DATE: 5/30/2011 variable retainage for line items may apply. PERIOD TO: 5/30/2011 ARCHITECT'S PROJECT NO. : A B C D 1 E F G H I WORK COMPLETED MATERIALS TOTAL ITEM FROM PREVIOUS PRESENTLY COMPLETED AND % BALANCE TO RETAINAGE NO. DESCRIPTION OF WORK SCHEDULED VALUE FINISH (IF VARIABLE APPLICATION THIS PERIOD STORED(NOT IN STORED TO DATE (G/C) (C-G) RATE) (D+E) DORE) (D+E+F) 1 Allowance $10,000.00 $0.00 0% 10,000.00 2 General Conditions $17,000.00 $12,500.00 $4,500.00 $17,000.00 100% - 3 Bond $3,500.00 $3,500.00 $3,500.00 100% - 4 Excavation $24,000.00 $24,000.00 $24,000.00 100% - 5 Backfill/Underdrains $10,900.00 $9,500.00 $1,400.00 _ $10,900.00 100% - 6 Sump Pit $14,300.00 $12,300.00 $2,000.00 $14,300.00 100% - 7 Concrete Foundations $11,900.00 $11,900.00 $11,900.00 100% - 8 Concrete Ramps/Steps $8,400.00 $5,000.00 $3,400.00_ $8,400.00 100% - 9 Block& Brick $81,000.00 $81,000.00 $81,000.00 100% - 11,090.00 10 Limestone $23,000.00 $19,000.00 $19,000.00 83% 4,000.00 11 Steel Railings $7,750.00, $750.00 $7,000.00 $7,750.00 100% - 12 URNS $5,800.00 $5,400.00 $400.00 $5,800.00 100% - 13 Irrigation $1,800.00 $900.00 $900.00 $1,800.00 100% - 14 Sod $1,700.00 $1,700.00 $1,700.00 100% - 15 Joint Sealants $750.00 $75.00 $75.00 10% 675.00 $221,800.00 $185,750.00 $21,375.00 $0.00 $207,125.00 93% $14,675.00 $11,090.00 ISA Form# 1-402 i h 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, Amphitheater Package 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 Twenty One Thousand Three Hundred Seventy Five and No/100 Dollars ($21,375.00) ❑ 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 ner of said premises, any and all lien or claim whatsoever on the above-described property and improvements thereon al,ount of LABOR or material or both,furnished by the undersigned thereto, subject to limitations of conditions -i pre---d herein, if any; and further certifies that no other party has any claim or right to a lien on account of any work •,.i or =d or material furnished to the undersigned for said project, and within the scope of this affidavit and waiver. Gibraltar Construction Corp By li' Title President Air I WITNESS MY HAND AND NOTORIAL S J4( is rd d. of May, 2011. (Notary Public) ors`'Pb6, BRIAN R. MCBRIDE , v 1979 1N01ANA SUBCONTRACTORS ASSOCIATION INCORPORATED 2 Res. of Hancock County 1 1r �r Unauihonfed Reprodvcteon Plot,ob,NNS My Comm. Exp. 11-29-2017 Rev 1887. q.o 1 AN Commission # 611862