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HomeMy WebLinkAboutRES NO 001-04 RESOLUTION NO. 0 0 I - 0 4 RESOLUTION ORDERING CHANGE OF PROCEEDINGS TO AUTHORIZE ADDITIONAL IMPROVEMENT WORK CITY OF BAKERSFIELD ASSESSMENT DISTRICT NO. 98-1 (BRIMHALL IV/STOCKDALE HIGHWAY COMMERCIAL/GOSFORD iNDUSTRIAL) WHEREAS, by prior action, this City Council (this "Council") approved a final Engineer's Report (the "Engineer's Report") for the City of Bakersfield Assessment District No. 98-1 (Brimhall IV/Stockdale Highway Commercial/Gosford Industrial) ("Assessment District No. 98-1"); and WHEREAS, an Acquisition and Disclosure Agreement (the "Acquisition Agreement") was entered into between the City of Bakersfield (the "City") and Castle & Cooke Commercial-CA, inc. ("Castle & Cooke Commercial-CA") providing the terms and conditions for construction and installation by Castle & Cooke Commercial-CA of those authorized improvements of Assessment District No. 98-1 which pertain to the Gosford Industrial area and the acquisition of the completed improvements by the City upon completion thereof and the submission of certain documentation as more fully set forth in the Acquisition Agreement; and WHEREAS, the authorized work and improvements of Assessment District No. 98-1, as described in the Engineer's Report, having been substantially completed, Castle & Cooke Commercial-CA has requested this Council to authorize additional improvement work described as the "Storm Drain and Sump - PM 10465 Phase D," as more fully described and itemized in Exhibit A, attached hereto and by this reference incorporated herein (the "Additional Improvement Work"), situated within and pertaining to the Gosford Industrial area; and DOCSSF1:719484.1 40213-32 SS4 ORIGINAL WHEREAS, the Finance Director of the City (the "Finance Director") advises that there are funds remaining in the Improvement Fund for Assessment District No. 98-1, allocable to the Gosford Industrial area, in an amount sufficient to pay the estimated cost and expense of $435,575 for the Additional Improvement Work; and WHEREAS, the Finance Director wishes to complete all disbursements from the Improvement Fund for Assessment District No. 98-1 (the "Improvement Fund") by June 30, 2004, and to then proceed with utilizing any remaining balance in the Improvement Fund to redeem outstanding limited obligation improvement bonds (the "Bonds") of Assessment District No. 98-1 as provided by law; and WHEREAS, in order to assure adequate time for review of the documentation to be submitted by Castle & Cooke Commercial-CA in accordance with the terms and conditions specified by the Acquisition Agreement, the Finance Director has requested that this Council condition the disbursement provided by this resolution upon receipt by the Director of Public Works of the City (the "Public Works Director") of the required documentation in satisfactory form and content not later than June 1, 2004; and WHEREAS, this Council wishes by this resolution to authorize the Additional Improvement Work and payment of the cost and incidental expense thereof on the express conditions (a) that Castle & Cooke Commemial-CA shall cause the construction and installation of such Additional Improvement Work in accordance with the standards and requirements of the City, as determined by the Public Works Director in his sole discretion (such discretion not to be unreasonably exercised), and shall accept the amount of their actual cost but not to exceed $435,575 on account of acquisition of such improvements and reimbursement of the incidental DOCSSF1:719484.1 40213-32 SS4 ORIGIN,~ expenses related thereto, and (b) that, following completion of the Additional Improvement Work, Castle & Cooke Commercial-CA shall complete and submit to the Public Works Director no later than June 1, 2004, the documentation specified in the Acquisition Agreement in support of such payment; NOW, THEREFORE, THE CITY COUNCIL HEREBY FINDS, DETERMINES AND RESOLVES as follows: SECTION 1. RECITALS TRUE AND CORRECT. The foregoing recitals are true and correct, and this Council hereby expressly so finds and determines. SECTION 2. ADDITIONAL IMPROVEMENT WORK AUTHORIZED. Pursuant to Section 10352 of the California Streets and Highways Code, this Council orders a change of proceedings for Assessment District No. 98-1 to authorize the Additional Improvement Work, and upon completion thereof to the satisfaction of the Public Works Director and upon submission of documentation as specified by the Acquisition Agreement not later than June 1, 2004, Castle & Cooke Commercial-CA shall be reimbursed the actual amount of their cost and incidental expense pertaining thereto but not to exceed $435,575, said amount to be disbursed from the portion of moneys remaining on deposit in the Improvement Fund for Assessment District No. 98-1 and allocable to the Gosford Industrial area. DOCSSF1:719484.1 40213-32 SS4 I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on January 14, 2004, by the following vote: COUNCILMEMBER COUNCILMEMBER COUNCiLMEMBER F.~:~/%~ ....... -N, BENHAM, MAGGARD, COUCH, HANSON, SULLIVAN, SALVAGGIO COUNCILMEMBER Clerk and Ex Officio City Clerk of the Council of the City of Bakersfield APPROVED this 14th day of January, 2004 MAYOR of the City of Bakers~fi'eld APPROVED AS TO FORM: ORR1CK, HERR1NGTON & SUTCLIFFE LLP Bond Counsel APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney DOCSSFI:719484.1 40213-32 SS4 EXHIBIT A Castle Cooke Commercial, CA, Inc. PRELIMINARY COST ESTIMATE HARRIS ROAD - PM 10485 Phase D - Storm Drain & Sump Item No. Item Des~i~,Goi~ A.D. 98-1 Additional Projects Unit Unit $ Date: Joh NO: Prepared By: Item $ Gosford Village 10/18/2002 6820.09 rclm TOTALS Grading 1. Sump Excavation 102150 Cy 1.50 153,225 Stol~n Drain improvements 2. 48' Storm Drain 491 (f 80.00 39,280 3. 60' Storm Drain 750 if 100.00 75.000 4. 6' Chain Link Fence & Curb 274~ &f 20.00 54,880 5. Gates 2 set 700.00 1,400 6. Manhole 3 ea 1400.00 4,200 Subtotal Subtotat 17~,760 Contngancy: Clt~ of Bakemfleld Fees 7. Plan Chec~ & Inspec*don Fees: 8. Improvement Sends: Design Engineering 9. Design Engineering: Construction Administration 10. Constructon Administraton: 11. Soils Tests & F~nat Repor~ 12. Const~on Sta~ing: Subtotal, All of above: 10% SUBTOTAL, CONSTRUCTION COSTS: 327,985 32,799 360,784 3 % of const. Is 8,588 1&,612 SuPtotaJ 23,200 19,122 SuDtotal 19,122. 9216 10,824 14,431 Subtotal 32,471 TOTAL ESTIMATED COST OF PROJECT: 435,575 NOTES: 1) The Utility unit costs have a 35% CIAC Tax factor incJucted. 2) Buitoer ~3ayable fees sug as scflool fees, sewer connemJon fees and t~'afflc fees are not included. 3) Unit prices sm based on 2000 bid history. MCINTOSH & ASSOCIATES, C~vil Ensinee~ Land Surveyom, 2001 Wheetan Court, Sakemfield, California 93309 ORIGJ~!~/ Paa'e 4-of4- Neworoiects.xls: Sumo & Drain