HomeMy WebLinkAboutRES NO 188-04RESOLUTION NO. 1 8 $ - 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 "Harris Road Frontage Improvements - 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 the amount of $63,265 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 Commercial-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
$63,265 on account of acquisition of such improvements and reimbursement of the incidental
expenses related thereto, and (b) that, following completion of the Additional Improveme..n~(,.
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OR~GIN,~,L
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 $63,265, 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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ORIGINAL
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 May 26, 2004,
by the following vote:
CARSON, BENHAM, MAGGARD, COUCH, HANSON, SULLIVAN, SALVAGGIO
~ COUNCILMEMBER
NOES: COUNCILMEMBER h,Ul"g
ABSTAIN: COUNCILMEMBER B~
ABSENT: COUNCILMEMBER ~lJl&9~
Clerk and Ex Officio
City
Clerk of the Council of the
City of Bakersfield
_AP PROV~~/
MAYOR of the City of Bakersfield
APPROVED AS TO FORM:
ORRICK, HERR1NGTON & SUTCLIFFE LLP
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney
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ENGINEER'S REPORT
CITY OF BAKERSFIELD ASSESSMENT DISTRICT NO. 98-1
ENGINEER'S ITEMIZED ESTIMATE OF IMPROVMENT ACQUIZITION COST
GOSFORD INDUSTRIAL AREA IMPROVEMENTS TO BE ACQUIRED
(BRIMHALL IV/STOCKDALE HIGHWAY COMMERCIAL/GOSFORD iNDUSTRIAL)
I DESC I.T,ON IOUANT' IuN'Tsl c oN;%I'TEM* I TOTA'S
A. HARRIS ROAD FRONTAGE IMPROVEMENTS
P.M. '10465 Phase D Frontage
I. Frontage Improvements- other than landscaping
a. Grading
Excavation 4987 cy 2.00 9,974
Clear and Grub 2.7 ac 200.00 540
b. Sewer Improvements
8" Sewer Pipe 359 If 11.00 3,949
18" Sewer Pipe 561 If 20.00 11,220
Standard Manhole 3 ea 1400.00 4,200
10,514
Total Sewer improvements
19,369
c. t Watsr Improvements
12" Water Main 1405 If 17.00 23,885
12" Gate Valve 5 ea 950.00 4,750
10" Gate Valve 3 ea 650.00 1,950
6" Fire Hydrant 4 ea 1600.00 6,400
Wharf Hydrant 1 ea 600.00 600
Subtotal Water Construction
Subtotal 37,585
d. Street Improvements
A.C. Paving 1278 tns 26.50 33,867
Aggregate Base 4081 cy 23.50 95,904
Subgrade Preparation 4897 sy 0.90 4,407
6" Curb & Gutter 1280 If 7.00 8,960
Sidewalk 6584 sf 1.85 12,180
Metro Street Signs 2 ea 300.00 600
No Parking Signs 4 ea 150.00 600
Street Lights - Mast Arm 9500 LumE 2 ea 2100.00 4,200
1 1/2" Street Light Conduit 700 If 2.10 1,470
Street Light Pull Boxes 4 ea 150.00 600
Interconnect Conduit 936 If 4.00 3,744~
Monument Encasements 1 ea 250.00 250
Subtotal Street Construction
166,782
e. Utilities Joint Trench
PG&E Trench Inspection
Gas Main
1472 If 30.00 44,160
1472 If 0.50 736
1472 If 10.80 15,898
Subtotal 60,794
f. Subtotal Improvement Cost
g, Construction Contin~mncy
h.
i. Incidental Cost
Design Engineering:
Improvement Bonds:
Construction Staking:
Soils and Materials Testing and Report
General Contrector Overhead (10%)
Plan Chec~
Site inspection
Water Inspection
295,044
29,504
Subtotal Construction and Contingency: 324,548
20,991
4,360
12,918
9,688
0
6,615
4,685
1,503
60,760
k. Total Harrla Road Frontage Improvements-other than Landscaping
$386,308
5/4/2004
B-II-D-1
Harris
ORIGINAL