HomeMy WebLinkAboutPayment 04-3 #1
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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
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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· ....,..,. /
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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