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
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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
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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.
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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
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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