HomeMy WebLinkAboutPayment 04-2 #43
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BAKERSFIELD
PUBLIC WORKS DEPARTMENT
MEMORANDUM
TO:
Paul Sheats, Accountant I
FROM:
~Marian P. Shaw, Civil Engineer IV
November 1, 2007
DATE:
SUBJECT: ASSESSMENT DISTRICT NO. 04-2 PAYMENT REQUEST
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The City has received a written application request from the developer that the
improvements referenced on the attachment are complete and have been accepted by the
City. Documents included contracts, change orders, paid invoices and other documentation
establishing the actual amount paid by the developer, thus establishing the Acquisition
Price at actual cost. In Addition, the developer has provided the City a Mechanics lien free
endorsement as per the requirements of the Acquisition Agreement. Therefor, please find
attached the Application for Payment of improvements for Assessment District No. 04-2,
only City of Bakersfield Facilities Fees in the Brighton Parks Area, Brighton Village Area and
Stockdale at Allen Acquisition Payment processing No.43.
Wilson and Associates was retained by the City Public Works Department to review those
applications for payment from bond proceeds for this Assessment District.
Completed Items as per Exhibit "A" of the Acquisition Agreement: (See attached
request). $428,574.40
Send $428,574.40 to:
Castle & Cooke California, Inc.,
10000 Stockdale Hwy, Suite 300
Bakersfield, CA 93311
Attention: Laura Whitaker
xc: Nelson Smith, Finance Director
Bob Sherfy, Deputy City Attorney
04-2reimb4Facì\ìties,doc prepared Thursday, November I, 2007 9:22AM
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Wilson & Associates
7600 North Ingram Avenue, Suite 202
Fresno, California 93711
(559) 436-6644
Fax: (559) 436-6646
October 30, 2007
29706A
John Stinson / Marian Shaw
Public Works Department
City of Bakersfield
1501 Truxtun Avenue
Bakersfield, CA 93301
Re: City of Bakersfield Assessment District No. 04-2;
Brighton Parks Area, Brighton Village Area, and Stockdale at Allen Commercial Area
Acquisition Payment Processing No.4
Dear John and Marian:
Wilson & Associates has finished our review process of the payment request for the City of
Bakersfield Facilities Fees paid in the Brighton Parks Area, Brighton Village Area, and Stockdale
at Allen Commercial Area of Assessment District No. 04-2 ("AD 04-2"), based on Volume I of the
payment request dated October 2, 2007, submitted by McIntosh & Associates on behalf of Castle &
Cooke (the "Applicant"), and the updates received through October 23, 2007 (collectively, the
"Application No.1"). This letter and recommendation for payment pertain to onlv City of
Bakersfield Facilities Fees in the Brighton Parks Area, Brighton Village Area, and Stockdale at
Allen Commercial Area (described in Exhibit B, Table B-II-B, Item E of the Final Engineer's
Report for AD 04-2).
After reviewing said Application No.1, we have come to the below-described conclusions and
recommendations regarding this Acquisition Payment for the City of Bakersfield Facilities Fees in
the Brighton Parks Area, Brighton Village Area, and Stockdale at Allen Commercial Area of AD
04-2. Enclosed with this letter is a table entitled "Table I, Itemized Improvements and Acquisition
Costs Approved for Payment No.4 in Brighton Parks Area, Brighton Village Area, and Stockdale
at Allen Commercial Area, City of Bakersfield Assessment District No. 04-2" ("Table 1") that
presents an itemized comparison of the fees to be paid as they were estimated and shown on said
Exhibit B, Table B-II-B of the AD 04-2 Engineer's Report (which is the acquisition amount funded
by the AD 04-2 proceedings) to the itemized amount paid by the Applicant for each fee shown in the
Application No. 1 and requested for payment by the Applicant. Table 1 also shows in its column
entitled "Approved Payment Per This Request" the amount for each fee we recommend for payment
to the Applicant as the AD 04-2 Acquisition Price under Payment No.4 for the Brighton Parks Àrea,
Brighton Village Area, and Stockdale at Allen Commercial Area. Also enclosed is a copy of the
Applicant's "Application and Certificate for Payment" form. Since these fees are not improvement
items we are not enclosing copies ofthe "Mechanic's Lien Guarantee" form, the Applicant's Notices
of Completion, or the City-issued Notices of Completion. Copies of the Applicants cancelled checks
for the fees paid are included in said Application No. I.
John Stinson / Marian Shaw
October 30, 2007
Page Two
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The total Acquisition Price recommended for payment to the Applicant for the City of Bakersfield
Facilities Fees in AD 04-2 Brighton Parks Area, Brighton Village Area, and Stockdale at Allen
Commercial Area per Application No.1 is $428,574.40 all as itemized on the enclosed Table 1 and
summarized below. The following is a recapitulation offunds recommended for payment under this
AD 04-2 Brighton Parks Area, Brighton Village Area, and Stockdale at Allen Commercial Area
Payment No.4:
Improvement Acquisition Item
AD 04-2
Approved
Amount
Amount
Requested
for Payment
Amount
Approved for
Payment No.4
A. STOCKDALE HIGHWAY (NORTH SIDE)
(Tentative Parcel Map No. 11192 Frontage) - NOT A PART of this Payment No.4
B. ALLEN ROAD (EAST SIDE)
(Tentative Parcel Map No. 11192 and Tract No. 6281 Frontages) - NOT A PART of this Payment No.4
C. SAN JUAN AVENUE (ENTIRE STREET)
(Allen Road to Most Easterly Boundary of Tract No. 6281) - NOT A PART of this Payment No.4
D. JEWETT A AVENUE TRAFFIC SIGNAL
(At the Inter. of Jewetta Ave. and Wincanton Dr. in Tract No. 6250) - NOT APART of this Payment No.4
E. CITY OF BAKERSFIELD FACILITIES FEES
1. City Water Availability Fee for
Tract No. 6250, Tract No. 6281, and
Tentative Parcel Map No. 11192
2. City Park Land In-lieu Fee for
Tract No. 6250 and Tract No. 6281
3. Total City of Bakersfield Facilities Fees
$ 315,340.00 $ 301,320.00 $ 301,320.00
$ 130.000.00 $ 127.254.40 $ 127.254.40
$ 445,340.00 $ 428,574.40 $ 428,574.40
F. TOTALS
$ 445,340.00 $ 428,574.40 $ 428,574.40
As also described in Note 1 on page 1 of Table I:
Since Exhibit B, Table B-II-B, Item E (City of Bakersfield Facilities Fees) is 100% complete (paid
for) there will be no future payment requests for that item. Therefore, the savinrs in the amount
of $16.765.60 shown in Table 1, Item G.d. (Recaptilation) as the ttTotalfunds available for
payment of Item E.. . at a later date" may be availablefor payment of possible overruns in the
costs of other items eligible for funding in the Brighton Parks Area, Brighton Village Area, and
Stockdale at Allen Commercial Area pursuant to the AD 04-2 Final Engineer's Report.
John Stinson / Marian Shaw
October 30, 2007
Page Three
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Based on the findings described above and in accordance with the Application No.1, it is the
recommendation of our analysis that $428,574.40 be paid and that a check for that amount be made
payable to Castle & Cooke California, Inc., as a payment pursuant to this Payment No.4 for the City
of Bakersfield Facilities Fees in the Brighton Parks Area, Brighton Village Area, and Stockdale at
Allen Commercial Area of AD 04-2. As suggested by the Applicant, in order to properly direct the
payment, please send the check to:
Castle & Cooke California, Inc.
Attn: Laura Whitaker
10000 Stockdale Hwy, Suite 300
Bakersfield, CA 93311
Please call if you have any questions on the results of our analysis or the recommendations presented
herein for payment of the Acquisition Price.
Sincerely
,
@vJ~
~
Ed Wilson
Dejan Pavié
Wilson & Associates
Enclosures
cc: Scott Blunck
Judy Kindig / Roger McIntosh
Charlie Stevens
Laura Whitaker
)
TABLE 1
ITEMIZED IMPROVEMENTS AND ACQUISITION COSTS APPROVED FOR PAYMENT NO.4
IN
BRIGHTON PARKS AREA, BRIGHTON VILLAGE AREA, AND STOCKDALE AT ALLEN COMMERCIAL AREA
CITY OF BAKERSFIELD ASSESSMENT DISTRICT NO. 04-2
Item
ENGINEER'S REPORT ESTIMATE
Unit Total
Cost Cost
REQUESTED FOR PAYMENT
Unit Total
Units Cost Cost
B. ALLEN ROAD (EAST SIDE) IMPROVEMENTS (Tentative Parcel Map No. 11192 and Tract No, 6281 Frontages) - NOT A PART ofthis Payment No.4
C. SAN JUAN AVENUE (ENTIRE STREET) IMPROVEMENTS (Allen Road to Most Easterly Boundary of Tract No. 6281) - NOT A PART of this Payment No.4
D. JEWETTA AVENUE TRAFFIC SIGNAL IMPROVEMENTS (At the Intersection of Jewetta Avenue and Wlncanton Drive in Tract No. 6250) _ NOT A PART ofthls Payniènt No. "
E. CITY OF BAKERSFIELD FACILITIES FEES
a, FACILITIES FEES
City Water Availability Fee for
Tract No. 6250, Tract No. 6281, and
Tentative Parcel Map No, 11192 157.67 AC
City Park Land In-lieu Fee for
Tract No. 6250 and Tract No, 6281 520 UNIT
TOTAL FACILITIES FEED
b. TOTAL CITY OF BAKERSFIELD FACILITIES FEES
250.00 $130.000.00
$445,340.00
$445,340.00
520 UNIT 244.72 $127.254.40
$428,574.40
$428,574.40
lD
$301 ,320.00 11
$127,254.40
$428;574.40
$428,574.40
2000,00 $315.340,00
150.66 AC 2000.00 $301,320.00
F. TOTAL BRIGHTON PARKS AREA (TRACT NO. 6250), BRIGHTON VILLAGE AREA (TRACT NO. 6281), AND STOCKDALE AT ALLEN, ' ,
COMMERCIAL AREA (TENTATIVE PARCEL MAP NO. 11192) (Item E) IMPROVEMENT AND FEES COST INCLUDED IN THIS PAYMENT NÔ. 4
a. IMPROVEMENTS AND FEES $445.340,00
b. CONTINGENCY $0,00
c. INCIDENTALS $0,00
d. TOTAl BRIGHTON PARKS AREA, BRIGHTON VILLAGE AREA, $445,340.00
AND STOCKDALE AT ALLEN COMMERCIAL AREA IMPROVEMENT
AND FEES COST INCLUDED IN THIS PAYMENT NO.4
G. RECAPITULATION
a. TOTAL APPROVED FOR PAYMENT OF ITEM E PER FINAl ENGINEER'S REPORT
b. TOTAL REQUESTED FOR PAYMENT OF ITEM E PER BRIGHTON PARKS, BRIGHTON VILLAGE, AND
STOCKDALE AT ALLEN COMMERCIAL AREA PAYMENT NO.4 (PER THIS REQUEST)
c. TOTAL APPROVED FOR PAYMENT OF ITEM E PER BRIGHTON PARKS, BRIGHTON VILLAGE, AND
STOCKDALE AT ALLEN COMMERCIAL AREA PAYMENT NO.4 (PER THIS REQUEST)
d. TOTAL FUNDS AVAILABLE FOR PAYMENT OF ITEM E IN BRIGHTON PARKS AREA, BRIGHTON VILLAGE AREA, AND
STOCKDALE AT ALLEN COMMERCIAL AREA AT A LATER DATE (Also, see Note 1 below)
$428.574.40
$0,00
$0.00
$428,574.40
$428.574.40
$0.00
$0.00
$428,5'74.40
$445,340.01>
$428,574.40
$428,574.40
$16,765.60
1. Since Item, E (City of Bakersfield Facilities Fees) Is 100% complete (paid for) there will be no future payment requests for that item, Therefore. th~ !lbÇlve-referenced
savIngs in the amount of $16.765,60 may be available for payment of possible overruns in the costs of other items eligible for funding in the Brighton Parks Area.,. '
Brighton Village Area; and Stockdale at Allen Commercial Area pursuant to the AD 04-2 Final Engineer's Report, " . ,-,
NOTE:
29706A-4WK4 .
10/30/2007
\ TO: (OWNER)
) mail to:
ATTENTION:
EXHIBIT "A"
APPLICATION AND CERTIFICATE FOR PAYMENT
Castle & Cooke California, Inc, PROJECT: Assessment District 04-2
Attn: Laura Whitaker Brighton ParkslBrighton Vìllage
10000 Stockdale Highway, Suite 300 Stockdale at Allen Commercial
Bakersfield, CA 93311 Improvements To Be Acquired
PROCESS DATE: 9/26/07
Marian Shaw
City ofBakersfield
1501 Truxtun Avenue
Bakersfield CA 93301
CONTRACTOR: Castle & Cooke California, Inc,
10000 Stockdale Highway, Suite 300
Bakersfield, CA 93311
PROJECT NO: 6800.48 (04-2)
OWNER'S APPLICATION FOR PAYMENT
Per Exhibit B, Table B-II-B
In accordance with the Acquisition Agreement, application for Payment is made for the following items of work:
A. STOCKDALE HIGHWAY -NORTH SIDE (Tentative parcel Map No. 11192 Frontage)
a.
c.
d.
f.
j.
k.
GRADING
SEWER IMPROVEMENTS
STREET IMPROVEMENTS
MISCELLANEOUS IMPROVEMENTS
INCIDENTAL COST
Total Stockdale Highway - North Side
(Tentative Parcel Map No. 11192 Frontage)
Improvements, Contingency, and Incidentals
$ 42,277.24
$220,640.00
$189,436.10
$130,400.71
$139.407.93
$722,161.98
B. ALLEN ROAD - EAST SIDE (Tentative parcel Map No. 11192 and Tract No. 6281 Frontages)
a.
d.
e.
f.
g.
k.
l.
GRADING
STORM DRAIN IMPROVEMENTS
STREET IMPROVEMENTS
STREET (TRAFFIC SIGNAL) IMPROVEMENTS
MISCELLANEOUS IMPROVEMENTS
INCIDENTAL COST
Total Allen Road -East Side
(Tentative Parcel Map 11192 & Tract 6281 Frontage)
Improvements, Contingency, and Incidentals
$ 14,807.00
$ 24,300.00
$449,268.80
$142,903.43
$ 30,500.00
$119,162.84
$780,942.07
D. JEWETTA A VENUE TRAFFIC SIGNAL IMPROVEMENTS
(At the Intersection of Jewetta Ave. & Wincanton Dr. in Tract 6250)
b. TRAFFIC SIGNAL IMPROVEMENTS $139,192.34
f. INCIDENTAL COSTS $ 32,530.01
g. Total Jewetta Avenue Traffic Signal Improvements $171,723.35
(Intersection of Jewetta Ave. & Wincanton Dr. Tract 6250)
Improvements, Contingency,and Incidentals
E. CITY OF BAKERSFIELD FACILITIES FEES
a.
b.
FACILITIES FEES
Total City of Bakersfield Facilities Fees
$428,574.40
$428,574.40
The above 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
ENGINEER'S CERTIFICATE FOR PAYMENT
'\
.i
In accordance with the Contra
observations and the data c
The Engineer certifies to
progressed to the point i
knowledge, infonnatio
is in accordance with
Contractor is entitled
ite
This Certificate is not negotiable, The AMOUNT CERTIFIED
is payable only to the Contractor named herein, Insurance, payment
and acceptarice of payment are without prejudice to any rights of the
Owner or Contractor under this Contract.
OWNER'S CERTIFICATION
Castle & Cooke California, Inc. 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.
CASTLE & COOKE CALIFORNIA, INC.
10000 STOCKDALE HIGHWAY, SUITE 300
BAKE SFIELD, CA 93311
I a" ¡ Ar;rCù Mfif........
(¡, v !,V _
LAURA WHITAKER-VICE PRESIDENT
)
CITY OF BAKERSFIELD
CLAIM VOUCHER
IVendor 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,
CASTLE & COOKE CALIFORNIA, INC.
ATTN: LAURA WHITAKER
10000 STOCKDALE HWY, SUITE 300
BAKERSFIELD, CA 93311
(AUTHORIZED SIGNATURE OF CITY AGENCY)
Date:
11/1/2007
Initials of Preparer: PS
PLEASE PROVIDE SHORT EXPLANATION OF PAYMENT:
CITY DEPARTMENT:
Public Works
(Including Contract Number if Applicable)
IMPROVEMENTS FOR ASSESSMENT DISTRICT NO, 04-2 BRIGHTON PARKS AREA, BRIGHTON VILLAGE
AREA & STOCKDALE AT ALLEN ACQUISITION PAYMENT PROCESSING NO.4
Fund Dept.
Base Ell Objt Project #
Invoice Number
Amount
Comments on check stub
I
ó77
4031
822
8041 KEA619
428,574.40
A.D, 04-2
VOUCHER TOTAL
$428,574.40
FINANCE DEPT. USE ONLY
SECTION 72, PENAL CODE
r- 1ion 72, Presenting False Claims. Every person who with intent to defraud,
, "ents 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.
Examined & Approved for Payment
Amount
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