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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 DOCSSF1:747463.1 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 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~(,. DOCSSF1:747463.1 ~ 40213-32 SS4 ~- 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. DOCSSF1:747463.1 40213-32 SS4 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 DOCSSF1:747463.1 40213-32 SS4 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