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HomeMy WebLinkAboutPayment 04-3 #1 '') ','. '~ .~ ..,. -- tj B A, K ,ER·, SF . I "E L 0 PUBLlC,WORKS DEPARTMENT MEMORÀNDUM , TO: . Paul Sheats, ~~countànt I FROM: of-Yf\¡f, ,',>, arianP. Sh~W, ' Civil Engineer IV ~æn~ . . . DATE:' JulyS, 2007 SUBJF:CT: ASSESSMENTDISTRICTN'O.04:-JPAYMENT REQUEST , " AcquisitionPaymentProcessinçÑo. 1 . ******************************************************************************* ) ". . , . Coìnpleted Itemsa~ per ExhÌbit "A" Qfthe Acquisition Agreement: . (Seeattäched request). Send $3,087,773.84 to: Pulte HÓImrCorporation: . ,2 Techrtology¡)rîve .' Irvine, CA92618 Attn: Leonard Dunn xc: Nelson Sm:l.thf Fi~ance Director BobSherfy; Deputy City. Attorney u AD 04-3 Pay Nolp\¡lteHomes.doc prepared Thursday. July 5. 20072: 16PM L :"1, -'>.., Wilson & Associates 7600 North Ingram Avenue, Suite 202 Fresno, California 93711 (559) 436-6644 Fax: (559) 436-6646 June 20, 2007 29714 John Stinson / Marian Shaw Public Works Department City of Bakersfield 1501 Truxtun Avenue Bakersfield, CA 93301 Re: City of Bakersfield Assessment District No. 04-3 - Reimbursement No.1 Dear John and Marian: Wilson & Associates has finished our review process of the payment request for all of the approved improvements completed in Assessment District No. 04-3 ("AD 04-3"), based on the payment request submitted to the City of Bakersfield on January 10, 2007, by the engineering firm of Mcintosh & Associates, on behalf ofPulte Home Corporation (the "Applicant"), and the updates received through June 20,2007 (collectively, the "Application"). This letter and recommendation for payment pertain to all AD 04-3 improvements described in the Application and in the Final Engineer's Report for AD 04-3 ("Engineer's Report"). After reviewing said Application, we have come to the below-described conclusions and recommendations regarding this Reimbursement Payment No. I for all improvements in AD 04-3. Enclosed with this letter is a table entitled "Table 1, Itemized Improvements and Reimbursement Costs Approved for Payment No. 1 in City of Bakersfield Assessment District No. 04-3" ("Table 1") that presents a comparison ofthe cost of improvements to be reimbursed as they were estimated and shown on Exhibit B, Tables B-1 and B-II of the AD 04-3 Engineer's Report (which is the reimbursement amount funded by the AD 04-3 proceedings) to the itemized amount paid by the Applicant for each item of work shown in the Application and requested for payment by the Applicant. Table 1 also shows in its Item D entitled "Recapitulation of Total Cost and Available Funds" the amounts already paid (or soon to be paid) to the Applicant by the California Water Service Company ("Cal- Water") pursuant to the two agreements between the Applicant and Cal- W ater (the "Cal- Water Agreements"). The two Cal- Water Agreements are identified as "Proj. No. BK-12653" (for the pipeline portion ofthe project) and as "Proj. No. BK-12139" (for the booster station portion of the project). Both Cal-Water Agreements are also cross-referenced (and attached to) the Reimbursement and Disclosure Agreement No. 05-202 between the City and the Applicant (the "City Reimbursement Agreement"). Also enclosed with this letter are: (i) a copy ofthe Applicant's "Application and Certificate for Payment" form, (ii) a copy of the Cal-Water "Acceptance of Facilities" form for the pipeline portion ofthe project (Project No. 12653), (iii) a copy of the Cal- Water "Acceptance of Facilities" ) form for the booster station portion of the project (Project No. 12139), and (iv) a copy ofthe Applicant's letter addressed to Nelson Smith, the City Finance Director. John Stinson / Marian Shaw June 20, 2007 Page Two The total Reimbursement Amount recommended for payment to the Applicant for all of the completed AD 04-3 Improvements per said Application is ~~:I4~~Elll as itemized on the enclosed Table 1 and summarized below. The following is a recapitulation of funds already paid to the Applicant and recommended for payment to the Applicant under this Payment No. I: Item Description Amount A. TOTAL Applicant's cost of the AD 04-3 approved scope of improvements. . . . . $ 4,373,978.81 B. LESS the total amount received by the Applicant from Cal- Water on 8/14/06 from payments by other developers (the pipeline project) . . . . . . . . . . . . . . . . . . . . . -720,613.00 C. LESS the total amount received by the Applicant from Cal-Water on 5/15/07 from payments by other developers (the booster station project) . . . . . . . . . . . . . . . . -386,227.00 D. LESS the total amount received by the Applicant from Cal-Water on 7/07/06 as the 151 year reimbursement (the pipeline project) . . . . . . . . . . . . . . . . . . . . . . . . . . . -57,852.80 E. LESS the total amount received by the Applicant from Cal-Water on 5/24/07 as the 2nd year reimbursement (the pipeline project) . . . . . . . . . . . . . . . . . . . . . . . . . . . -40,858.95 F. LESS the total amount received by the Applicant from Cal-Water on 5/15/07 as the 151 year reimbursement (the booster station project) . . . . . . . . . . . . . . . . . . . . . . -36,130.90 G. LESS the total amount to be received by the Applicant from Cal-Water by the end of June 2007 as the 2nd year reimbursement (the booster station project). . . . . -26,227.64 H. REMAINING UNREIMBURSED Applicant's cost of the AD 04-3 approved scope of improvements (after Cal-Water payments). . . . . . . . . . . . . . . . . . . . . . . . . 3,106,068.52 I. LESS the total PROJECT COST originally FUNDED IN AD 04-3 . . . . . . . . . . . . -2,743,606.00 J. REMAINING UNREIMBURSED Applicant's cost of the AD 04-3 approved scope of improvements (after Cal- Water payments and after deduction of the originally approved amount of the AD 04-3 funded improvements). . . . . . . . . . .362,462.52 K. LESS the total amount of interest earned by the funds in the AD 04-3 improvement fund approved by the City Finance Department to cover a portion of the total project cost "overrun" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -285,167.84 L. LESS the total amount of savings on other items in the AD 04-3 improvement fund approved by the City Finance Department to cover a portion of the total project cost "overrun" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -59,000.00 M. REMAINING UNREIMBURSED Applicant's cost of the AD 04-3 approved scope of improvements (after Cal-Water payments, after deduction of the originally approved amount of the AD 04-3 funded improvements, after deduction of the accumulated earned interest, and after deduction of the savings on other items in the AD 04-3 improvement fund). . . . . . . . . . . . . . . . . . $ 18,294.68 ) John Stinson / Marian Shaw June 20, 2007 Page Three Following is a recapitulation of the total Reimbursement Amount recommended for payment to the Applicantfrom the AD 04-3 improvementfund for all of the completed AD 04-3 Improvements per said Application under this Payment No.1: Item Description Amount 1. Total project cost ORIGINALLY FUNDED in AD 04-3. . . . . . . . . . . . . . . . . . . . $ 2,743,606.00 2. Total amount of INTEREST earned by the funds in the AD 04-3 improvement fund approved by the City Finance Department to cover a portion of the total project cost "overrun". . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 285,167.84 3. Total amount of SA VINGS on other items in the AD 04-3 improvement fund approved by the City Finance Department to cover a portion of the total project cost "overrun". . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59,000.00 4. TOTAL amount approved for payment to the Applicant under Payment No.1 Pursuant to the approval by the City Finance Department, and as stated in the above-referenced letter addressed to Nelson Smith, as a part of this AD 04-3 Payment No. I process, the Applicant and the City agreed to the following (all in conformance with the City Reimbursement Agreement): a. Concurrently with this payment process, the Applicant will begin a process of reassigning both Cal- Water Agreements (BKOOO 12653 and BKOOO 12139) from the Applicant to the City of Bakersfield. Except for the $26,227.64 pending June 2007 payment from Cal-Water to the Applicant (referenced above on page two ofthis letter under item G), all future Cal-Water reimbursements pursuant to those two agreements will be paid to the City of Bakersfield and not to the Applicant. A recapitulation of the remaining funds available under those two agreements is presented below. b. The $18,294.68 total unreimbursed AD 04-3 improvement cost overrun (referenced above on page two of this letter under item M), or any other project overruns pertaining to the Cal- Water Project No. 12653 and Project No. 12139, will not be requested for reimbursement by the Applicant in the future. Following is a summary of the funds still available for reimbursement under the two Cal- Water Agreements, based on the information obtained from Cal-Water through June 7, 2007, and as confirmed by the Applicant: 1. The Pipeline Proiect No. BK-12653: Amount a. Amount subject to refund pursuant to Cal-Water acceptance of improvements. . .$ 2,314,122.00 b. LESS the total amount received by the Applicant from Cal-Water on 8/14/06 from payments by other developers (477,802.00+164,220.00+78,591.00). . . . . . . . . -720,613.00 c. LESS the total amount received by the Applicant from Cal-Water on 7/07/06 as the 1st year reimbursement (the pipeline project) . . . . . . . . . . . . . . . . . . . . . . . . . . . -57,852.80 d. LESS the total amount received by the Applicant from Cal-Water on 5/24/07 as the 2nd year reimbursement (the pipeline project) . . . . . . . . . . . . . . . . . . . . . . . . . . . -40,858.95 e. REMAINING amount available for reimbursement by Cal-Water over the next 38 years (the next regular payment due in May 2008) . . . . . . . . . . . . . . . $ 1,494,797.25 John Stinson / Marian Shaw June 20, 2007 Page Four II. The Booster Station Protect No. BK-12139: Amount a. Amount subject to refund pursuant to Cal-Water acceptance of improvements. . . $ 1,445,236.01 b. LESS the total amount received by the Applicant from Cal- Water on 5/15/07 from payments by other developers (258,330.00+88,788.00+39,109.00) . . . . . . . . . -386,227.00 c. LESS the total amount received by the Applicant from Cal-Water on 5/15/07 as the pI year reimbursement (the booster station project) . . . . . . . . . . . . . . . . . . . . . . -36,130.90 d. LESS the total amount to be received by the Applicant from Cal-Water by the end of June 2007 as the 2nd year reimbursement (the booster station project). . . . . -26,227.64 e. REMAINING amount available for reimbursement by Cal-Water over the next 38 years (the next regular payment due in May 2008) . . . . . . . . . . . . . . .. $ 996,650.47 III. GRAND TOTAL REMAINING AMOUNT available for reimbursement by Cal-Water over the next 38 years (both the Pipeline Project No. BK-12653 and the Booster Station Protect No. BK-12139) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 2,491,447.72 Based on the findings described above, and in accordance with the Application described on page one of this letter, it is the recommendation of our analysis that $3,087,773.84 be paid and that a check for that amount be made payable to Pulte Home Corporation, as the payment pursuant to this Payment No. 1 request for all Improvements funded in AD 04-3. Please note the Applicant's new address: Pulte Home Corporation attn: Leonard Dunn 2 Technology Drive Irvine, CA 92618 Please call if you have any questions on the results of our analysis or the recommendations presented herein. Sincerely ~W~ Ed Wilson ~ Dejan Pavié Wilson & Associates Enclosures cc: Lenny Dunn Judy Kindig / Roger McIntosh Shawn Nelson Nelson Smith Connie Walls TABLE 1. ITEMIZED IMPROVEMENTS AND REIMBURSEMENT COSTS APPROVED FOR PAYMENT NO.1 IN CITY OF BAKERSFIELD ASSESSMENT DISTRICT NO. 04-3 ;1 ,. I ENGINEER'S REPORT ESTIMATE 1._ _ ! QUANTITY I UNIT I UNITS ~ COST I I TOTAL ! i 2530 LF 292.00 $738,760,00 i 0 LF 0,00 $0,00 i 5680 LF 188,00 $1,067,840,00 2010 LF 115.60 $232,356,00 115 LF 965,60 ' $111,044.00 ! ° EA 0,00 $0,00 , 0 EA 0.00 $0,00 I 0 EA 0.00 $0.00 , i ° EA 0.00 $0,00 0 EA 0,00 $0,00 , ° EA 0,00 $0.00 i ° EA 0,00 $0.00 j ° EA 0.00 $0.00 ° EA 0,00 $0,00 ¡ 0 EA 0,00 $0.00 ; 0 SF 0,00 $0.00 , 0 LS 0,00 $0.00 ; ° LS 0,00 $0,00 ° LS 0,00 $0.00 ° LS 0.00 $0,00 ° LS 0.00 $0,00 , $2,150,000.00 included above ! $2,150,000.00 I i $266,000,00 ! $0,00 i $266,000,00 ; $2,416,000.00 i I ; ! ! 1 LS 825000,00 $825,000,00 ; 1 LS 65000,00 $65,000.00 0 LS 0,00 $0,00 , 0 LS 0.00 $0.00 $890,000.00 . included above $890,000,00 i ; $150,000,00 $30,000,00 ; $184,500,00 - ¡ $364,500,00 i $1,254,500.00 I REQUESTED FOR PAYMENT QUANTITY I UNITS I UNIT I COST TOTAL 2530 LF 291,00 $736,230,00 120 LF 679.00 $81,480,00 5560 LF 172,00 $956,320,00 1875 LF 266,00 $498,750.00 115 LF 726,00 $83,490.00 3 EA 13590,00 $40,770,00 1 EA 12980.00 $12,980.00 9 EA 6940.00 $62,460.00 2 EA 5230,00 $10,460,00 2 EA 8030,00 $16,060,00 2 EA 11690.00 $23,380,00 1 EA 11470.00 $11,470.00 1 EA 12940.00 $12,940,00 1 EA 3760,00 $3,760.00 1 EA 3760.00 $3,760.00 5050 SF 14,20 $71,710.00 1 LS 60500,00 $60,500.00 1 LS 19500.00 $.19.500,00 1 LS 11011.20 $11,011,20 1 LS 32866.00 $32,866,00 1 LS 3145.41 $3,145.41 $2,753,042,61 $0,00 $2,753,042,61 $162,960.19 $12,740.00 $175,700.19 $2,928,742.80 0 LS 0,00 $0.00 ° LS 0,00 $0.00 1 LS 23798.89 $23,798,89 1 LS 1321546.33 $1,321,546.33 $1.345.345,22 $0.00 $1,345,345,22 $0,00 $99,890,79 $0.00 $99,890.79 $1,445,236.01 NOTES (See below) II ! DESCRIPTION A. CAL-WA TER SPECIAL FACILITIES PIPING IMPROVEMENTS a, PIPING 36" DIP (Waterline) 30" DIP (Waterline) 24" DIP (Waterline) 18" DIP (Waterline) 24" Bore (Casing/Carrier Pipe Under Hwy 178) 36" Butterfly Valves 30" Butterfly Valves 24" Butterfly Valves 18" Butterfly Valves 2" ARV Assemblies Fire Hydrant Assemblies Tie-in Detail Á Tie-in Detail B Tie-In DetallC Tie-In Detail D Permanent Paving Overtime for 6xl ° Workweek Pipe Installation Labor in Street Section Additional Traffic Control Mobilization, Excavation, Paving per City Street PatchIng TOTAL PIPING IMPROVEMENTS b. CONSTRUCTION CONTINGENCY (PIPING) c, SUBTOTAL IMPROVEMENT COST ANO CONTINGENCY d. INCIDENTAL COST (PIPING) Cal-Water Overhead, Compaction, Permits Geotechnical Observation & Testing TOTAL INCIDENTAL COST e. TOTAL PIPING IMPROVEMENTS, CONTINGENCY, AND INCIDENTALS B, CAL-WATER SPECIAL FACILITIES BOOSTER STATION IMPROVEMENTS a. BOOSTER STATION Construction of Booster Station Electrical Labor Contractor Payments TOTAL STREET IMPROVEMENTS b. CONSTRUCTION CONTINGENCY (BOOSTER STATION) c, SUBTOTAL IMPROVEMENT COST AND CONTINGENCY d. INCIDENTAL COST (BOOSTER STATION) Design & Engineering (Kennedy/Jenks) Design & Engineering (Cal-Water, boosters) Design & Engineering Contingency TOTAL BOOSTER STATION INCIDENTAL COST e. TOTAL BOOSTER STATION IMPROVEMENTS, CONTINGENCY, AND INCIDENTALS C. TOTAL CAL-WA TER SPECIAL FACILITIES IMPROVEMENT COST a, IMPROVEMENTS b. CONTINGENCY c. INCIDENTALS d. :rOTP.L CAL-WA TER SPECIAL FACILITIES IMPROVEMENT COST 2 2 1 1 2 2 $3,040,000,00 included above $630,500.00 $3,670,500.00 $4,098,387,83 $0.00 $275,590,98 $4,373,978,81 D. RECAPITULATION OF TOTAL COST AND AVAILABLE FUNDS a. TOTAL PUL TE HOMES COST OF THE AD 04-3 APPROVED SCOPE OF IMPROVEMENTS b LESS total amount received by Pulte Homes from Cal-Water on 8/14/06 from payments by other developers (pipeline project) c. LESS total amount received by Pulte Homes from Cal-Water on 5/15/07 from payments by other developers (booster station project) d. LESS total amount received by Pulte Homes from Cal-Water on 7/07/06 as the 1st year reimbursement (pipeline project) e. LESS total amount received by Pulte Homes from Cal-Water on 5/24/07 as the 2nd year reimbursement (pipeline project) f. LESS totel amount received by Pulte Homes from Cal-Water on 5/15/07 as the 1 st year reimbursement (booster station project) g. LESS total amount to be received by PUlle Homes from Cal-Water by the end of June 2007 as the 2nd year reimbursement (booster station project) h. REMAINING UNREIMBURSED Pulte Homes cost of the AD 04-3 approved scope of improvements (after Cal-Water payments) i. LESS TOTAL PROJECT COST FUNDED IN AD 04-3 j. REMAINING UNREIMBURSED Pulte Homes cost of the AD 04-3 approved scope of improvements (after Cal-Water payments and after deduction of the originally approved amount of AD 04-3 funded Improvements) k. LESS total amount of interest earned by the funds in the AD 04-3 Improvement Fund approved by the City Finance Department to cover a portion of the total project cost "overrun" I. LESS total amount of savings on other items in the AD 04-3 Improvement Fund approved by the City Finance Department to cover a portion of the total project cost "overrun" m.REMAINING UN REIMBURSED Pulte Homes cost of the AD 04-3 approved scope of improvements (after Cal-Water payments, after deduction of the originally approved amount of AD 04-3 funded improvements, after deduction of accumulated earned interest, and after deduction of savings on other items in the AD 04-3 Improvement Fund) $4,373,978.81 (720,613.001 (386,227.00) (57,852,80) (40,858.95' (36,130.90) (26,227.64) 3,106,068.52 (2,743,606.00) 362,462.52 (285,167.84) (59,000.00) 18,294.68 ) NOTES: - 1. Items.of ~orl< that were labeled in a different manner (in different units. split into more than onB item, or in combination with other similar items) on the contractor's invoices than in the AD 04~3 Final Engineer's Report. All of these "ad~tiOf)al:i !fems of work 8r~ items in the same categories of work as the originally approved items and are approved for payment at this time (in the amounts described above under the "Recapitulation" heading). 2. Itemsiliridéd in the Final Engineer's Report for which no payment is requested al this time and for which no payment will be requested at a later date. These items were either combined with other items. or they were labeled in a different manner in this Application NO.1 than in the Final Engineer's Report for AD 04.3. 29714,WK4 06119/2007 TO: (OWNER) PultQ Home Corporation 27220 TumbeITy LflDe. Suite 190 Val~ncill,CA 91355 EXHIBIT It A" APPLICATION AND CERTIFICATE FOR PAYMENT N.EV1SED PROJECT; Assessment DislI'iet 04·3 SoteraIRio Vista Area Improvements To Be Aqllircd PROCESS PAr?,.; (,18/07 AITENTION: Marian Shaw City ofBukerstield 1501 Tru.'{tlUl Avenue Bakersfield, CA 93301 CONTRACTOR: Pulte Home Co¡poratîon 27220 Tumberry L.,ne, Suite 190 Valencia, CA 91355 PROJECT NO; 04-089 (3) OWNER'S APPLICATION FOR PAYMENT In accordance with the Acquisition Agreement, application for Payment is made for 1110 following items of work: Per Exhibit B, Table B-ll A. CAL-W ATER FACILITIES PIPING IMPROVEMENTS a. PIPING d. INCIDENTAL COSTS e. TOTAL PIPING IMPROVEMENTS CONTJNGENCY~ AND lNCIDEN'l'ALS 8. . CAL-W ATER SPECIAL FACILITmS BOOSTER STATION IMPROVEMENTS a. BOOSTER STATION $1,345,345.22 d. INCIDENTAL COSTS $ 99.890.79 e. TOTAl. BOOSTER STATION IMPROVEMENTS $11445,236.01 Improvements. Contingency, and Incidentals $2,753,042.61 $ 175.700.19 $2,928,742.80 The flbove items of work an: H1OO;" complete. The abov~ amounts arc tbe actual costs for each item of work as outlined in Exhibit "B" of the Engineer's Reporl In accordance witll the Conlrac observutí\lns lIl1d the data co The Eneincer cenifies to the progressed to the point inõi knowledge, information lIIlÕ is ill acoordllnce with the:: C Contractor is enlitled to (llli This CcnÎüeate is not ne~otinblc:. The AMOUNT CERTIFIED is pll)'8blç only to tile Contractor nlUßQd hçrein. IlISlIllInce, payment and acceptance of payment are without prejudice to any rights of tile Owner or Contraç[or under this Contmct. OWNER'S CERTIFICATION Pulte Home Corporation hereby certifies that thc materials or services shown hereon were furnished to the City of Bakersfield: that no part thereof has been paid; that the items of this claims are just and legal; that there is due the undersigned the amount sho\'VIl hereon. E CORPORATION BERRY LANE, SUITE 190 t CA 91355 LE Form lŠ31 Re'y. Nov-O 1 ACCEPTANCE OF FACILITIES DistrictBK Project No. 12653 Drawing No. 10030 Under date of /,J1 iiî.2<. . 20 p,' . the undersigned and·h? II< J¡'i<!< 0 /,~ ("Subdivider'') entered into an agreemen providing, among other things, for the installation by the Subdivider or his contractor of certain facilities described therein for the service of water to a subdivision described therein, situated in the undersigned's ' l ,..1Vtl4 &~ district The undersigned hereby acknowledges acceptance by it of the facilities described below installed pursuant to said agreement and confirms that said facilities so accepted by it have been installed in accordance with the specifications, Exlubit C to said agreement, but the foregoing acceptance and confinnation shall under no circumstances be deemed to constitute approval of the materials or workmanship involved in such facilities for purposes of paragraphs 4( c) or 8( d) of said agreement DESCRIPTION OF FACILITIES ACCEPTED: I"" . ~ ... ~ "~'" .. . '<I Lenmh Size Tvpe of Pipe 1530' 36" DI PIPE TR FLEX 125' 30" DI PIPE TR FLEX 5450' 24" DI PIPE BE FLEX 1895' 18" DIPIPE TR FLEX Location MASTERSONIPALADINO MASTERSONIPALADINO MASTERSONIPALADINO MASTERSON /PALADINO j - 115" 24" 26' 1%" 2 6" 2 2" .. OTHER FACn.ITIES ACCEPTED: CL" C STL fIPE IN t05'-36"STL CASING WITH 1/4" WALL DI PIPE FIRE HYDRANTS AIR Y ALVE ASSEMBLY FACILITIES NOT ACCEPTED: Date: NOVEMBER 29, 20~ By: Its: Foreman - CODstnJdionlOøeratioDS Form 1531 . . , Rev. blov-Ol ACCEPTANCE OF FACILITIES DistrictBK Project No. 12139 Drawing No. _ Under date of May 26th , 20 05, the undersigned and Pulte Homes ("Subdivider") entered into an agreement providing, among other things, for the installation by the Subdivider or his contractor of certain facilities described therein for the service of water to a subdivision described therein, situated in the undersigned's Bakersfield district. The undersigned hereby acknowledges acceptance by it of the facilities described below installed pursuant to said agreement and confirms that said facilities so accepted by it have been installed in accordance with the specifications, Exhibit C to said agreement, but the foregoing acceptance and confirmation shall under no circumstances be deemed to constitute approval of the materials or workmanship involved in such facilities for purposes of paragraphs 4{ c) or 8( d) of said agreement. DESCRIPTION OF FACILITIES ACCEPTED: Lenøh Size Tvpe of Pipe, T _.....~ :,' , Location '. Install permanent booster station at the northeast corner of Masterson & Paladino, known as Station 221. It' :.¡. '''i';.,~"..~ OTHER FACILITIES ACCEPTED: FACILITIES NOT ACCEPTED: Date: January 1st, 2007 By: Mike McMasters Its: ......"'~...... p,. ~.1:11t·<e~-\"J,~,., .I ~.._ . .........,! f· ....,..,. / ..... ·,""""U ..,.. . ._,.1..,.. r.........rl!... .<f..'"~. 7;;M WeM/ June 15,2007 :Mr. Nelson Smith Finance Director City of Bakersfield 1501 Truxtun Avenue Bakersfield, CA 93301 RE: Assessment District 04-3 Mr. Smith, This letter shall serve as Pulte Home's formal request to use the accumulated earned interest and any available savings in the improvement funds for Assessment District 04-3. Concurrently with this request, Pulte is beginning the process of :reassigning the two Cal Water contracts (BK00012653 and BK00012139) from Pulte Homes to the City of Bakersfield. Any project overruns, not covered by available funds, will not be requested by Pulte in the future. Please call me at (661) 312-5956 if you have any questions. Thank you. ) Coastal Division 2 Teehnology DrÎve, Irvine, CA 92618. Phone; 949-623-3700 Fax; 949-623-3701 . www.Pulte.r:om MclNTOSH AssoCIATES · June 18, 2007 Marian Shaw City of Bakersfield Public Works Department 1501 Truxtun Ave. Bakersfield, CA 93301 RE: Assessment District No. 04-3 Revised Certificate for Payment Solara/Rio Vista Dear Marian, Please find Pulte Homes revised Application and Certificate for Payment for Assessment District 04-3 reimbursement in the above referenced area. The enclosed Exhibit B, Billables Spreadsheet and Excel sheet with Water Installation & Change Orders are also updated and to replace the original pages of the January submittal. The payment request is for the total amount of $4,373,978.81 Per the enclosed letter from Pulte Homes to Nelson Smith, we are also requesting that interest and unused funds be available for this payout. Please process for payment and call if you have any questions. 661-834-4814 Fax 661 - 834 - 0972 2001 Wheelan Court ,)lkerSfield, CA 93309 RAM/jk www.mcintoshassoc.com cc: LeonardDunn/Shawn Nelson Ed Wilson/Dejan Pavic mcengr@mcintoshassoc,com PÝ//,·,'-'^',·, '.,,··.·lfé· - -·.:::.~qj~Y~/;li/:;:~l. --~. 7>eI W~" June 15,2007 Mr. Nelson Smith Finance Director City of Bakersfield 1501 Truxtun Avenue Bakersfield, CA 93301 RE: Assessment District 04-3 Mr. Smith, This letter shall serve as Pulte Home's formal request to use the accumulated earned interest and any available savings in the improvement funds for Assessment District 04-3. Concurrently with this request, Pulte is beginning the process of reassigning the two Cal Water contracts (BK00012653 and BK00012139) from Pulte Homes to the City of Bakersfield. Any project overruns, not covered by available funds, will not be requested by Pulte in the future. Please call me at (661) 312-5956 if you have any questions. Thank you. ~eonard Dunn Director of Land Pulte Homes Coastal Division 2 Technology Drive, Irvine, CA 92618. Phone: 949-623-3700 Fax: 949-623-3701 . www.Pulte.com TO; (OWNER) Pulte Home Corporation 27220 Turnberry Lane, Suite 190 Valencia,CA 91355 EXHIBIT" A" APPLICATION AND CERTIFICATE FOR PAYMENT REVISED PROJECT: Assessment District 04-3 Solera!Rio Vista Area Improvements To Be Aquired PROCESS DATE: 6/8/07 ATTENTION: Marian Shaw City of Bakersfield 1501 Truxtun Avenue Bakersfield. CA 9330 I CONTRACTOR: Pulte Home Corporation 27220 Turnberry Lane, Suite 190 Valencia, CA 91355 PROJECT NO: 04-089 (31) OWNER'S APPLICATION FOR PAYMENT In accordance with the Acquisition Agreement, application for Payment is made for the following items of work: Per Exhibit B, Table B-I1 A. CAL-WATER FACILITIES PIPING IMPROVEMENTS a. PIPING d. INCIDENTAL COSTS e. TOTAL PIPING IMPROVEMENTS CONTINGENCY, AND INCIDENTALS $2,753,042.61 $ 175.700.19 $2,928,742.80 B. CAL-WATER SPECIAL FACILITIES BOOSTER STATION IMPROVEMENTS a. BOOSTER STATION $1,345,345.22 d. INCIDENTAL COSTS $ 99.890.79 e. TOTAL BOOSTER STATION IMPROVEMENTS $1,445,236.01 Improvements, Contingency, and Incidentals The ab~ve items of work are 100% complete, The above amounts are the actual costs for each ·item of work as outlined in Exhibit "B" of the Engineer's Report In accordance with the Contrac observations and the data co The Engineer certifies to th progressed to the point indi knowledge, information and is in accordance with the C Contractor is entitled to pay This Certificate is not negotiable, The AMOUNT CERTIFIED is payable only to the Contractor named herein, Insurance, payment and acceptance of payment are without prejudice to any rights of the Owner or Contractor under this Contract. OWNER'S CERTIFICATION Pulte Home Corporation hereby certifies that the materials or services shown hereon were furnished to the City of Bakersfield: that no part thereof has been paid; that the items of this claims are just and legal; that there is due the undersigned the amount shown hereon. E CORPORATION BERRY LANE, SUITE 190 , CA 91355 EXHIBIT B TABLE B-II ENGINEER'S REPORT CITY OF BAKERSFIELD ASSESSMENT DISTRICT NO, 04-3 ENGINEER'S ITEMIZED ESTIMATE OF IMPROVEMENT ACQUISITION COST Item Item Description Difference A. CAL-WATER SPECIAL FACILITIES PIPING IMPROVEMENTS a. PIPING 36" DIP 2530 LF 291.00 738,760,00 736,230,00 +2,530.00 30" DIP 120 LF 679.00 0,00 81,480.00 -81,480.00 24" DIP 5560 LF 172.00 1,067,840.00 956,320.00 +111,520,00 18" DIP 1875 LF 266.00 232,356.00 498,750.00 -266,394.00 24" Bore LF 111,044.00 0,00 +111,044.00 36" Buttetfly Valves 3 EA 13590.00 0.00 40,770.00 -40,770.00 30" Buttetfly Valves 1 EA 12980.00 0,00 12,980.00 -12,980.00 24" Buttetfly Valves 9 EA 6940,00 0.00 62,460.00 -62,460.00 18" Butterfly Valves 2 EA 5230.00 0,00 10,460.00 -10,460.00 2" ARV Assemblies 2 EA 8030,00 0.00 16,060.00 -16,060.00 Fire Hydrant Assemblies 2 EA 11690.00 0.00 23,380.00 -23,380.00 Casing/Carrier Pipe Under Hwy 178 115 LF 726.00 0.00 83,490.00 -83,490,00 Tie-in Detail A 1 EA 11470.00 0.00 11,470.00 -11,470.00 Tie-in Detail B 1 EA 12940.00 0.00 12,940.00 -12,940.00 Tie-in Detail C 1 EA 3760.00 0.00 3,760.00 -3,760.00 Tie-in Detail 0 1 EA 3760.00 0.00 3,760.00 -3,760.00 Permanent Paving 5050 SF 14.20 0.00 71,710.00 -71,710.00 Overtime for 6x10 Workweek 1 LS 60500.00 0.00 60,500.00 -60,500.00 Pipe Installation Labor in Street Section 1 LF 19500.00 0.00 19,500,00 -19,500.00 Additional Traffic Contral 1 LS 11011.20 0.00 11,011.20 -11,011,20 Mobilz.Excav,paving per city 1 LS 32866.00 0.00 32,866.00 -32,866.00 Street Patching 1 LS 3145.41 0.00 3,145.41 ~3, 145.41 TOTAL PIPING IMPROVEMENTS 2,150,000.00 2,753,042.61 -603,042.61 b. CONSTRUCTION CONTINGENCY (PIPING) Included above c. SUBTOTAL IMPROVEMENT COST AND CONTINGENCY 2,150,000.00 2,753,042,61 -603,042,61 d.INCIDENTIAL COST (PIPING) Cal-Water Overhead, Compaction, Permits 266,000.00 162,960,19 +103,039.81 Geotechnical observation & testing 0 0.00 12,740.00 -12,740.00 TOTAL INCIDENTALS 266,000.00 175,700.19 +90,299.81 TOTAL PIPING IMPROVEMENTS, CONTINGENCY, AND INCIDENTALS 2,416,000.00 2,928,742.80 -512,742.80 6/8/2007 B-II-1 File: CaIWaterSpeciaIFacilities,XLS: CalWaterFacilities " Item UNIT PRICE, $ EXTENSIONS, $ A.D. Estimate Actual Difference Item Description B. CAL-WATER SPECIAL FACILITIES BOOSTER STATION IMPROVEMENTS a. BOOSTER STATION Construction of Booster Station Electrical Labor Contractor payments TOTAL BOOSTER STATION IMPROVEMENTS o o 1 1 LS LS 977349.00 153885.00 23798.89 1321546.33 b, CONSTRUCTION CONTINGENCY (BOOSTER STATION) c, SUBTOTAL IMPROVEMENT COST AND CONTINGENCY d. INCIDENTAL COST (BOOSTER STATION) Design & Engineering (Kennedy/Jenks) Design & Engineering (Cal-Water,boosters) Design & Engineering Contingency TOTAL BOOSTER STATION INCIDENTAL COST e. TOTAL BOOSTER STATION IMPROVEMENTS, CONTINGENCY, AND INC C. TOTAL CAL-WATER SPECIAL FACILITIES IMPROVEMENT COST a. IMPROVEMENTS b. CONTINGENCY c, INCIDENTALS d. TOTAL CAL-WATER SPECIAL FACILITIES IMPROVEMENT COST 825,000.00 0.00 +825,000.00 65,000,00 0.00 +65,000.00 0.00 23,798.89 -23,798.89 0.00 1,321,546.33 -1,321,546.33 890,000.00 1,345,345.22 -455,345.22 Included above 890,000.00 1,345,345.22 -455,345.22 150,000.00 150,000.00 30,000,00 99,890.79 -69,890.79 184,500.00 0.00 184,500,00 364,500.00 99,890.79 +264,609.21 1,254,500.00 1,445,236.01 -190,736.01 3,670,500.00 4,373,978.81 -703,478.81 6/8/2007 B-II-2 File: CaIWaterSpeciaIFacilities.XLS: CalWaterFacilities '~ PUL TE HOMES ASSESSMENT DISTRICT 04-3 BILLABLES SOLERAlRIO VISTA DEVELOPMENT AREA IMPROVEMENTS QUANTITY UNIT PRICE, $ EXTENSIONS, $ Item Item Description Units Estimat Actual Difference Estimate Actual Difference A.D. Estimate Actual Difference I Contractor A. CAL-WATER SPECIAL FACILITIES PIPING IMPROVEMENTS a. PIPING 36" DIP LF 2530 2530 +0 292.00 291.00 -1.00 738,760.00 736,230.00 +2,530.00 WMLyles *1,2,3,4,7 30" DIP LF 0 120 +120 292.00 679.00 +387.00 0.00 81,480.00 -81,480.00 WMLyles 1,3,4,7 24" DIP LF 5680 5560 -120 188.00 172.00 -16.00 1,067,840.00 956,320.00 +111,520.00 WMLyles 1,2,3,4,7 18" DIP LF 2010 1875 -135.00 115.60 266.00 +150.40 232,356.00 498,750.00 "266,394.00 WMLyles 2,3,4,7 24" Bore LF 115 -115.00 965.60 -965.60 111,044.00 0.00 +111,044.00 36" Butterfly Valves EA 0 3 +3.00 0.00 13590.00 +13,590.00 0.00 40,770.00 -40,770.00 WMLyles 1,2,3,7 30" Butterfly Valves EA 0 1 +1.00 0.00 12980.00 +12,980.00 0.00 12,980.00 -12,980.00 WMLyles 1,3,7 24" Butterfly Valves EA 0 9 +9.00 0.00 6940.00 +6,940.00 0.00 62,460.00 -62,460.00 WMLyles 1,2,7 18" Butterfly Valves EA 0 2 +2.00 0.00 5230.00 +5,230.00 0.00 10,460.00 -10,460.00 WMLyles 1,2,3,7 2" ARV Assemblies EA 0 2 +2.00 0.00 8030.00 +8,030.00 0.00 16,060.00 -16,060.00 WMLyles 1,3,4,7 Fire Hydrant Assemblies EA 0 2 +2.00 0.00 11690.00 +11,690.00 0.00 23,380.00 -23,380.00 WMLyles 1,2,3,7 Casing/Carrier Pipe Under Hwy 178 LF 0 115 +115.00 0.00 726.00 +726.00 0.00 83,490.00 -83,490.00 WMLyles 3,4,7 Tie-in Detail A EA 0 1 +1.00 0.00 11470.00 +11,470.00 0.00 11,470.00 -11,470.00 WMLyles 1,4,7 Tie-in Detail B EA 0 1 +1.00 0.00 12940.00 +12,940.00 0.00 12,940.00 -12,940.00 WMLyles 1,4,7 Tie-in Detail C EA 0 1 +1.00 0.00 3760.00 +3,760.00 0.00 3,760.00 -3,760.00 WMLyles 1,4,7 Tie-in Detail D EA 0 1 +1.00 0.00 3760.00 +3,760.00 0.00 3,760.00 -3,760.00 WMLyles 1,4,7 Permanent Paving SF 0 5050 +5,050.00 0.00 14.20 +14.20 0.00 71,710.00 -71,710.00 WMLyles B-7848-07 Overtime for6x10 Workweek LS 0 1 +1.00 0.00 60500.00 +60,500.00 0.00 60,500.00 -60,500.00 WMLyles 07,12 Pipe Installation Labor in Street Section LF 0 1 +1.00 0.00 19500.00 +19,500.00 0.00 19,500.00 -19,500.00 WMLyles 02,03,12 Additional Traffic Contral LS 0 1 +1.00 0.00 11011.20 +11,011.20 0.00 11,011.20 -11,011.20 WMLyles 02,03,12 MObilz.Excav,paving per city LS 0 1 +1.00 0.00 32866.00 +32,866.00 0.00 32,866.00 -32,866.00 Burtch 12329&30 Street Patching LS 0 1 +1.00 0.00 3145.41 +3,145.41 0.00 3,145.41 -3,145.41 Burtch 0214 TOTAL PIPING IMPROVEMENTS 2,150,000.00 2,753,042.61 -603,042.61 * All invoices are B-7848 with an extention - the extention number has been listed per improvement in most cases b. CONSTRUCTION CONTINGENCY (PIPING) Included above c. SUBTOTAL IMPROVEMENT COST AND CONTINGENCY 2,150,000.00 2,753,042.61 -603,042.61 MciNTOSH & ASSOCIATES, Civil Engineers Land Surveyors, 2001 Wheelan Court, Bakersfield, California 93309 Page 1 of2 File: CaIWaterSpeciaIFacilities.XLS: CalWaterFacilities ,-.../ '-."""/ QUANTITY UNIT PRICE, $ EXTENSIONS, $ Item Item Description Units Estimat Actual Difference Estimate Actual Difference A.D. Estimate Actual Difference Contractor d. INCIDENTIAL COST (PIPING) Cal-Water Overhead, Compaction, Permits 266,000.00 162,960.19 +103,039.81 Cal-Water ^ Geotechnical observation & testing 0.00 12,740.00 -12,740.00 Leighton TOTAL INCIDENTALS 266,000.00 175,700.19 +90,299.81 ^ letter dated 5/19/05 for overhead less refund * 19207,19604,19327 TOTAL PIPING IMPROVEI\!IENTS, CONTINGENCY, AND INCIDENTALS 2,416,000.00 2,928,742.80 -512,742.80 B. CAL-WATER SPECIAL FACILITIES BOOSTER STATION IMPROVEMENTS a. BOOSTER STATION Construction of Booster Station LS 1 0 -1 825000.00 977349.00 +152,349.00 825,000.00 0.00 +825,000.00 Electrical LS 1 0 -1 65000.00 153885.00 +88,885.00 65,000.00 0.00 +65,000.00 Labor LS 0 1 +1.00 0.00 23798.89 +23,798.89 0.00 23,798.89 -23,798.89 Cal-Water 4/13/2007 Contractor payments LS 0 1 +1.00 0.00 1321546.33 +1,321,546.33 0.00 1,321,546.33 -1,321,546.33 Cal-Water 4/13/2007 TOTAL BOOSTER STATION IMPROVEMENTS 890,000.00 1,345,345.22 -455,345.22 b. CONSTRUCTION CONTINGENCY (BOOSTER STATION) Included above c. SUBTOTAL IMPROVEMENT COST AND CONTINGENCY 890,000.00 1,345,345.22 -455,345.22 d. INCIDENTAL COST (BOOSTER STATION) Design & Engineering (Kennedy/Jenks) 150,000.00 150,000.00 Design & Engineering (Cal-Water,boosters) 30,000.00 99,890.79 -69,890.79 Cal-Water 4/1312007 Design & Engineering Contingency 184,500.00 0.00 184,500.00 TOTAL BOOSTER STATION INCIDENTAL COST 364,500.00 99.890.79 +264,609.21 e. TOTAL BOOSTER STATION IMPROVEMENTS, CONTINGENCY, AND INCIDENTALS 1,254,500.00 1,445,236.01 -190,736.01 C. TOTAL CAL-WATER SPECIAL FACILITIES IMPROVEMENT COST a. IMPROVEMENTS b. CONTINGENCY c. INCIDENTALS d. TOTAL CAL-WATER SPECIAL FACILITIES IMPROVEMENT COST 3,670,500.00 4,373,978.81 -703,478.81 MciNTOSH & ASSOCIATES, Civil Engineers Land Surveyors, 2001 Wheelan Court, Bakersfield, California 93309 Page 2 of 2 File: CaIWaterSpeciaIFacilities.xLS: CalWaterFacilities r . WATER INSTALLATION 36" Waterline 30"Waterline 24" Waterline 18" Waterline 36" Butterfly Valve 30" Butterfly Valve 24" Butterfly Valve 18" Butterfly Valve 2" ARV Assembly Fire Hydrant Assembly Casing/Carrier Pipe Tie-in Detail A Tie-in Detail B Tie-in Detail C Tie-in Detail D Permanent Paving $ 662,607.00 $ 736,230.00 $ 73,332.00 $ 81,480.00 $ 860,688.00 $ 956,320.00 $ 448,875.00 $ 498,750.00 $ 36,693.00 $ 40,770.00 $ 11,682.00 $ 12,980.00 $ 56,214.00 $ 62,460.00 $ 9,414.00 $ 10,460.00 $ 14,454.00 $ 16,060.00 $ 21,042.00 $ 23,380.00 $ 75,141.00 $ 83,490.00 $ 10,323.00 $ 11,470.00 $ 11,646.00 $ 12,940.00 $ 3,384.00 $ 3,760.00 $ 3,384.00 $ 3,760.00 $ 64,539.00 $ 71,710.00 $ 2,363,418.00 $ 2,626,020.00 CHANGE ORDERS Overtime for 6x1 0 workweek $ Pipe Installation Labor in Street Section $ Additional Traffic Control $ 54,450.00 $ 17,550.00 $ 9,910.08 $ $ 60,500.00 19,500.00 11,011.20 91,011.20 CITY OF BAKERSFIELD CLAIM VOUCHER Vendor No. CLAIMANT'S NAME AND ADDRESS: I certify that this claim is correct and valid, and is a proper charge against the City Agency and account indicated, PUL TE HOME CORPORATION ATTN: LEONARD DUNN 2 TECHNOLOGY DRIVE IRVINE, CA 92618 (AUTHORIZED SIGNATURE OF CITY AGENCY) Date: 7/5/2007 Initials of Preparer: PS PLEASE PROVIDE SHORT EXPLANATION OF PAYMENT: CITY DEPARTMENT: Public Works (Including Contract Number if Applicable) IMPROVEMENTS FOR ASSESSMENT DISTRICT NO. 04-3 ACQUISITION PAYMENT PROCESSING NO.1 Fund Dept. )678 Base Ell Objt Project # Invoice Number Amount Comments on check stub 4031 822 8041 KEA620 3,087,773.84 VOUCHER TOTAL $3,087,773.84 ISECTION 72, PENAL CODE I~)ction 72, Presenting False Claims, Every person who with intent to defraud, ,esents for allowance or for payment to any state board or officer, or any county, town, city district, ward or village board or officer, authorized to allow or pay the same if genuine, any false or fraudulent claim, bill, account, voucher, or writing, is guilty of a felony. FINANCE DEPT. USE ONLY Examined & Approved for Payment Amount C:IDocumenls and SettingslpsheatslMy DocumenlslAccounts PayablelAssessment District pmtslClaimvouchertemplate114:12 PM