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HomeMy WebLinkAboutPayment 04-2 Cherry Hill II 0;1 .1' ,'-... f --" I( ) ) 4 . - BAKERSFIELD PUBLIC WORKS DEPARTMENT MEMORANDUM TO: Sharon Traynor, Accounting Clerk II FROM~ Marian P. Shaw, Civil Engineer IV DATE: September 26, 2006 SUBJECT: ASSESSMENT DISTRICT NO. 04-2 PAYMENT REQUEST ******************************************************************* 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, Cherry Hill II Area Improvements. 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). $726,835.00 Send $726,835.00 to: Cherry Hill Inc. P.O. Box 20247 Bakersfield, CA 93390 Attention: James Bryan Batey xc: Nelson Smith, Finance Director Bob Sherfy, Deputy City Attorney 04-2reimbICherryHìlIII,doc prepared Tuesday, September 26, 2006 3:11PM Wilson & Associates 7600 North Ingram Avenue, Suite 202 Fresno, California 93711 (559) 436-6644 Fax: (559) 436-6646 September 5, 2006 29706-D 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 - Cherry Hill II Area Acquisition Payment No. I Processing Dear John and Marian: '\ Wilson & Associates has finished our review process of the payment request for the approved ) improvements completed in the Cherry Hill II Area of Assessment District No. 04-2 ("AD 04-2"), based on the payment request dated July 27,2006 (the "Application"), submitted by Cherry Hill Inc., (the "Applicant"). This letter and recommendation for payment pertain to all Cherry Hill II Area improvements described in the Application and in the Final Engineer's Report for AD 04-2 ("Engineer's Report"). After reviewing said Application, we have come to the below-described conclusions and recommendations regarding this Acquisition Payment No.1 for said improvements in the Cherry Hill II Area. Enclosed with this letter is a table entitled "Table 1, Itemized Improvements and Acquisition Costs Approved for Payment No.1 in Cherry Hill II Area (Tract No. 6153 Units Three and Four) of City of Bakersfield Assessment District No. 04-2" ("Table 1") that presents a comparison of the cost of improvements to be acquired as they were estimated and shown on Exhibit B, Table B-II-C ofthe 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 item of work shown in the Application and requested for payment by the Applicant. Table 1 also shows in its column entitled "Approved Payment Per This Request" the amount for each item of work we recommend for payment to the Applicant as the AD 04-2 Acquisition Price under this Payment No.1 for the Cherry Hill II Area. Also enclosed are copies of: (i) the Applicant's "Application and Certificate for Payment" form (dated July 27, 2006) and the supporting table, (ii) the City issued Notices of Completion for Tract No. 6153 Phases 3 and 4, (Hi) the Applicant issued Notice of Completion for Tract 6153-3 and 6153-4, and (iv) the Chicago Title issued "Mechanic's Lien Guarantee" for Tract ) 6153, Unit 3 and Tract 6153, Unit 4. John Stinson / Marian Shaw September 5, 2006 Page Two The total Acquisition Price recommended for payment to the Applicant for acquisition of all of the completed AD 04-2 Cherry Hill II Area improvements per said Application is $726,835.00, all as itemized on the enclosed Table I and summarized below. The following is a recapitulation offunds recommended for payment under this Payment No.1: AD 04-2 Amount Amount Approved Requested Approved for Improvement Acquisition Item Amount for Payment Payment No. I A. Old Farm Road (East Side) Improvements (Tract No. 6153 Unit Three Frontage) a. Grading $ 3,530.00 $ incl. below $ 3,530.00 b. Street Improvements $ 34,765.00 $ 50,252.72 $ 38,251.18 c. Miscellaneous Improvements $ 29.000.00 $ 50.227.00 $ 29.000.00 d. Subtotal Improvement Cost $ 67,295.00 $ 100,479.72 $ 70,781.18 e. Construction Contingency $ 0.00 $ 0.00 $ 0.00 f. Incidental Cost $ 0.00 $ 0.00 $ 0.00 g. Totals $ 67,295.00 $ 100,479.72 $ 70,781.18 B. Reina Road (South Side) Improvements (Tract No. 6153 Unit Three Frontage) a. Grading $ 2,292.00 $ incl. below $ 2,292.00 b. Street Improvements $ 44,653.00 $ 78,571.28 $ 44,653.00 c. Miscellaneous Improvements $ 54.750.00 $ 73.358.00 $ 54.750.00 d. Subtotal Improvement Cost $ 101,695.00 $ 151,929.28 $ 101,695.00 e. Construction Contingency $ 0.00 $ 0.00 $ 0.00 f. Incidental Cost $ 0.00 $ 0.00 $ 0.00 g. Totals $ 101,695.00 $ 151,929.28 $ 101,695.00 C. Tract No. 6153 Unit Three On-site Street Improvements a. Grading $ 23,578.00 $ 25,449.31 $ 23,578.00 b. Street Improvements $ 135.873.00 $ 242.355.85 $ 135.873.00 c. Subtotal Improvement Cost $ 159,451.00 $ 267,805.16 $ 159,451.00 d. Construction Contingency $ 0.00 $ 0.00 $ 0.00 e. Incidental Cost $ 0.00 $ 0.00 $ 0.00 f. Totals $ 159,451.00 $ 267,805.16 $ 159,451.00 D. Tract No. 6153 Unit Three On-site Sewer Improvements a. Sewer Improvements $ 46.925.00 $ 84.844.00 $ 46.925.00 b. Subtotal Improvement Cost $ 46,925.00 $ 84,844.00 $ 46,925.00 \ c. Construction Contingency $ 0.00 $ 0.00 $ 0.00 I d. Incidental Cost $ 0.00 $ 0.00 $ 0.00 e. Totals $ 46,925.00 $ 84,844.00 $ 46,925.00 John Stinson / Marian Shaw September 5, 2006 , \ Page Three ; AD 04-2 Amount Amount Approved Requested Approved for Improvement Acquisition Item Amount for Payment Payment No. I E. Tract No. 6153 Unit Three On-site Storm Drain Improvements a. Storm Drain Improvements $ 52.230.00 $ 65.1 00.00 $ 52.230.00 b. Subtotal Improvement Cost $ 52,230.00 $ 65,100.00 $ 52,230.00 c. Construction Contingency $ 0.00 $ 0.00 $ 0.00 d. Incidental Cost $ 0.00 $ 0.00 $ 0.00 e. Totals $ 52,230.00 $ 65,100.00 $ 52,230.00 F. Old Farm Road (East Side) Improvements (Tract No. 6153 Unit Four Frontage) a. Grading $ 2,080.00 $ incl. below $ 2,080.00 b. Street Improvements $ 34,278.00 $ 58,400.20 $ 33,643.20 c. Miscellaneous Improvements $ 35.250.00 $ 55.311.28 $ 35.250.00 d. Subtotal Improvement Cost $ 71,608.00 $113,711.48 $ 70,973.20 e. Construction Contingency $ 0.00 $ 0.00 $ 0.00 f. Incidental Cost $ 0.00 $ 0.00 $ 0.00 g. Totals $ 71,608.00 $ 113,711.48 $ 70,973.20 G. Tract No. 6153 Unit Four On-site Street Improvements a. Grading $ 20,320.00 $ 25,449.31 $ 19,418.62 b. Street Improvements $ 159.206.00 $ 255.004.35 $ 157.256.00 c. Subtotal Improvement Cost $ 179,526.00 $ 280,453.66 $ 176,674.62 d. Construction Contingency $ 0.00 $ 0.00 $ 0.00 e. Incidental Cost $ 0.00 $ 0.00 $ 0.00 f. Totals $ 179,526.00 $ 280,453.66 $ 176,674.62 H. Tract No. 6153 Unit Four On-site Sewer Improvements a. Sewer Improvements $ 48.105.00 $ 91.560.00 $ 48.1 05.00 b. Subtotal Improvement Cost $ 48,105.00 $ 91,560.00 $ 48,105.00 c. Construction Contingency $ 0.00 $ 0.00 $ 0.00 d. Incidental Cost $ 0.00 $ 0.00 $ 0.00 e. Totals $ 48,105.00 $ 91,560.00 $ 48,105.00 I. Total Cherry Hill II Area Improvements $ 726,835.00 $1,155,883.30 $ 726,835.00 John Stinson / Marian Shaw September 5, 2006 Page Four As also described in notes on page 3 of Table 1, the above-summarized amounts are based on the following findings: 1. Items labeled "1" in the Table 1 notes column are the items funded in the AD 04-2 Engineer's Report which were billed together with other items (onthe same invoice) in this Payment No.1 request. 2. Items labeled "2" in the Table I notes column are the items approved for payment at this time at a lesser amount than requested (up to the maximum amount available per AD 04-2 Engineer's Report for payment of all completed improvements in the Cherry Hill II Area). Based on the findings described above, .and in accordance with the Application, it is the recommendation of our analysis that $726,835.00 be paid and that a check for that amount be made payable to Cherry Hill Inc., as the payment pursuant to this Payment No.1 request for all completed Tract No. 6153 Units Three and Four Improvements in the Cherry Hill II Area of AD 04-2. 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 &~~ Ed Wilson Dejan Pavié Wilson & Associates Enclosures cc: Bryan Batey / Michael Spickler TABLE 1 ITEMIZED IMPROVEMENTS AND ACQUISITION COSTS APPROVED FOR PAYMENT NO.1 IN CHERRY HILL II AREA (TRACT NO, 6153 UNITS THREE AND FOUR) OF CITY OF BAKERSFIELD ASSESSMENT DISTRICT NO, 04-2 DESCRIPTION A, OLD FARM ROAD (EAST SIDE) IMPROVEMENTS ( Tract No, 6153 Unit Three Frontage) a. GRADING excavation - Streets T TAL RADING b. STREET IMPROVEMENTS AC Paving Aggregate Base 6" Curb and Guller Multi- u ose Bike Trail TAL TREE M ROVE T c. MISCELLANEOUS IMPROVEMENTS 6' Block Wall 0-2' ReI. T T I LLANE IMPROV MENT d, SUBTOTAL IMPROVEMENT COST e. CONSTRUCTION CONTINGENCY f. SUBTOTAL IMPROVEMENT COST AND CONTINGENCY g, INCIDENTAL COST Design Engineering Improvement Bonds (City) Plan Check Fees (City) Inspection Fees (City) Construction Staking Solis and Materials Testing and Report Contrector Supervision and Overhead/Constr, Administration Construction Ins ection Fees TOTAL INCIDENTAL COST h, TOTAL OLD FARM ROAD (EAST SIDE) (Tract No, 6153 Unit Three Frontage) IMPROVEMENTS, CONTINGENCY, AND INCIDENTALS B. REINA ROAD (SOUTH SIDE) IMPROVEMENTS (Tract No. 6153 Unit Three Frontage) a. GRADING Excavation - Streets TOTAL GRADING b, STREET IMPROVEMENTS AC Paving Aggregate Base 6" Curb and Guller 4" Concrete Sidewalk AL STREE IMPRO NT c. MISCELLANEOUS IMPROVEMENTS 6' Block Wall (0·2' ReI.) TOTAL MISCELLANEOUS IMPROVEMENTS d. SUBTOTAL IMPROVEMENT COST e. CONSTRUCTION CONTINGENCY f, SUBTOTAL IMPROVEMENT COST AND CONTINGENCY g, INCIDENTAL COST Design Engineering Improvement Bonds (City) Plan Check Fees (City) Inspection Fees (City) Construction Staking Solis and Materials Testing and Report Contrector Supervision and Overhead/Constr, Administration Construction Ins ection Fees TOTAL INCIDENTAL COST h. TOTAL REINA ROAD (SOUTH SIDE) (Tract No, 6153 Unit Three Frontage) IMPROVEMENTS, CONTINGENCY, AND INCIDENTALS C. TRACT NO. 6153 UNIT THREE ON-SITE STREET IMPROVEMENTS a. GRADING excavation· Streets OTA GRA ING b, STREET IMPROVEMENTS AC Paving Aggregate Base 6" Curb and Guller 4" Concrete Sidewalk 4" Concrete Drivewa A roach T T L REET IMPROVEMENTS c. SUBTOTAL IMPROVEMENT COST d. CONSTRUCTION CONTINGENCY e. SUBTOTAL IMPROVEMENT COST AND CONTINGENCY f. INCIDENTAL COST Design Engineering Improvement Bonds (City) Plan Check Fees (City) Inspection Fees (City) Construction Steking Solis and Materials Testing and Report Contrector Supervision and Overhead/Constr, Administration Construction Ins ectlon Fees TOTAL INCIDENTAL COST g, TOTAL TRACT NO, 6153 UNIT THREE ON·SITE STREET IMPROVEMENTS, CONTINGENCY, AND INCIDENTALS 1765 Y 2.00 included below in Invoice #1 546 360 607 7272 ON CY LF SF 2 2 2 580 50.0 1 S art of Invoice #6) 50227,00 2 1463 1515 5476 18801 5544 T CY LF SF SF $0,00 $0.00 $0.00 $0,00 $0,00 $0,00 $0.00 $0.00 $0,00 $0,00 $0.00 $0,00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0,00 $0,00 $0.00 $0.00 $0,00 $0,00 $0.00 $0,00 $0,00 $67,295.00 $100,479,72 $70,781.18 2.00 $2,292.00 I included below In Invoice #1 I ~2,292,00 I $2,292.00 $0.00 2,292.00 1 (part of Invoice #2) 2 1 LS (part of Invoice #2) 2 1148 LF 2 5418 SF 2 50.00 $54,750.00 I 1 LS (part of Invoice #6) 73358,00 r3,358,00 I ~54,750.00 I 2 $54,750,00 73,358,00 54,750,00 $101,895,00 $151,929.28 $101,895,00 $0,00 $0,00 $0,00 $101,695,00 $151,929,28 $101,895,00 $0,00 $0,00 $0,00 $0,00 $0.00 $0.00 $0.00 $0,00 $0.00 $0,00 $0,00 $0,00 $0,00 $0,00 $0.00 $0.00 $0.00 $0,00 $0.00 $0,00 $0.00 $0,00 $0.00 $0.00 $0.00 $0.00 $0,00 $101,695,00 $151,929,28 $101,695.00 .00 1L art of Invoice #1 25449.3 $32,1 6. ° 1L (part of nvoices #5) 80454,00 2 $18,665,00 1 LS (part of Invoices #5) 52470.00 2 $38,332,00 1 LS (part of Invoices #5) 52067,05 2 $37,602.00 23902 SF 2,40 $57,384.80 1,2 $11,088.00 included above with Sidewalk in Invoices #5 1,2 135,873,00 $242,355.8 $159,451.00 $267,805,16 $0.00 $0.00 $159,451.00 $267,805,18 $0.00 $0.00 $0,00 $0,00 $0,00 $0,00 $0.00 $0,00 $0.00 $0.00 $0,00 $0,00 $0,00 $0.00 $0.00 $0,00 $0,00 $0,00 $0,00 $0,00 $0,00 $0,00 $0.00 $0,00 $0.00 $0.00 $0,00 $159,451.00 $267,805,16 $159,451,00 1146 CY 1095 LF 11 89 C ) 29706·D.wK4 9/5/2006 TABLE 1 ITEMIZED IMPROVEMENTS AND ACQUISITION COSTS APPROVED FOR PAYMENT NO, 1 IN CHERRY Hill II AREA (TRACT NO, 6153 UNITS THREE AND FOUR) OF CITY OF BAKERSFIELD ASSESSMENT DISTRICT NO. 04-2 DESCRIPTION QUANTITY 0, TRACT NO. 6153 UNIT THREE ON-SITE SEWER IMPROVEMENTS a, SEWER IMPROVEMENTS 10" Sewer Meln 8" Sewer Main 6" Sewer Main 4" Sewer lateral Standard Menhole 6'-8' dee TOTAL EW I PR V MENTS b. SUBTOTAL IMPROVEMENT COST c. CONSTRUCTION CONTINGENCY d. SUBTOTAL IMPROVEMENT COST ANO CONTINGENCY e, INCIDENTAL COST Design Engineering Improvement Bonds (City) Plan Check Fees (City) Inspection Fees (City) Construction Staking Soils and Materials Testing and Report Contractor Supervision and Overhead/Constr. Administration Construction Ins ection Fees TOTAL INCIDENTAL COST f, TOTAL TRACT NO. 6153 UNIT THREE ON-SITE SEWER IMPROVEMENTS, CONTINGENCY, AND INCIDENTALS E, TRACT NO, 6153 UNIT THREE ON-SITE STORM DRAIN IMPROVEMENTS a, STORM DRAIN IMPROVEMENTS 24" Stonn Drain Pipe 18" Stonn Drain Pipe Catch Basin (3,5' opening) Manhole TOA TR ANIPRVEM b, SUBTOTAL IMPROVEMENT COST c. CONSTRUCTION CONTINGENCY d, SUBTOTAL IMPROVEMENT COST AND CONTINGENCY e, INCIDENTAL COST Design Engineering Improvement Bonds (City) Plan Check Fees (City) Inspection Fees (City) Construction Staking Soils and Materials Testing and Report Contractor Supervision and Overhead/Constr, Administration Construction Ins ection Fees TOTAL INCIDENTAL COST f. TOTAL TRACT NO. 6153 UNIT THREE ON-SITE STORM DRAIN IMPROVEMENTS, CONTINGENCY, AND INCIDENTALS F, OLD FARM RDAD (EAST SIDE) IMPROVEMENTS (Tract No. 6153 Unit Four Frontage) a, GRADING Excavation - Streets TAL b, STREET IMPROVEMENTS AC Paving Aggregate Base 6" Curb and Gulter Multi- u ose Bike Trail A TREE VE E T c. MISCELLANEOUS IMPROVEMENTS 6' Block Wall (0-2' Retð TOTAL MISCElLANE US IMPROVEMENTS d. SUBTOTAL IMPROVEMENT COST e, CONSTRUCTION CONTINGENCY I. SUBTOTAL IMPROVEMENT COST AND CONTINGENCY g, INCIDENTAL COST Design Engineering Improvement Bonds (City) Plan Check Fees (City) Inspection Fees (City) Construction Staking Soils and Materials Testing end Report Contractor Supervision and Overhead/Constr. Administration Construction Ins ection Fees TOTAL INCIDENTAL COST h, TOTAL OLD FARM ROAD (EAST SIDE) (Tract No. 6153 Unit Four Frontage) IMPROVEMENTS, CONTINGENCY, AND INCIDENTALS G, TRACT NO. 6153 UNIT FOUR ON-SITE STREET IMPROVEMENTS a. GRADING Excavation - Streets T TA R DIN b, STREET IMPROVEMENTS AC Paving Aggregate Bese 6" Curb and Gulter 4" Concrete Sldewaik 4" Concrete Driveway Approach 6" Cross Gulter 12' T TAL STREET I PR VEME 90 1556 531 2074 9 l IF IF IF EA 12.00 6.00 7.00 8.00 1000,00 663 IF 18,60 ~12,331,80 1558 IF 16,20 $25,207,20 531 IF 12.60 $6,690,60 2074 IF 10,60 $21,984.40 9 EA 2070,00 $18,630.00 $84,644,00 694 769 6 5 IF IF EA EA 25,00 20.00 2000,00 1500.00 $8,28 ,00 $9,336.00 $3,717.00 $16.592,00 $9,000,00 46,92 ,00 $48,925,00 $0,00 $46,925.00 $0.00 $0,00 $0.00 $0.00 $0,00 $0,00 $0.00 $0.00 $0.00 $46,925,00 $8,280,00 2 $9,336,00 2 $3,717.00 2 $16,592,00 2 $9,000,00 2 $46,925,00 $46,925.00 $0,00 $46,925.00 $0.00 $0,00 $0,00 $0.00 $0.00 $0,00 $0,00 $0,00 $0,00 $46,925,00 2 2 2 2 $84,844,00 $0.00 $84,844,00 $0,00 $0,00 $0,00 $0,00 $0,00 $0.00 $0.00 $0.00 $0,00 $84,844,00 29,00 24.00 2500.00 1800,00 780 770 6 5 IF IF EA EA ) ! 1040 Y 497 327 637 7644 TO CY LF SF 29706-D,WK4 1642 1622 5640 19143 6237 3 705 IF 10160 Y $0.00 $0.00 $0,00 $0.00 $0,00 $0.00 $0,00 $0,00 $0,00 $0,00 $0.00 $0,00 $0,00 $0.00 $0.00 $0.00 $0,00 $0.00 $0.00 $0.00 $0.00 $0,00 $0,00 $0,00 $0.00 $0,00 $0.00 $52,230,00 $65,100.00 $52,230,00 2,00 included below in Invoice #1 22.00 1 LS (part of Invoices ) 23452.00 2 11.00 2 7.00 2 2.00 50,00 $35,250,00 I 1 LS (part of Invoice #6) 55311,28 $;5,311.28 I $35,250,00 I 2 $35,250.00 $ 5,311.28 $35,250,00 $71,608,00 $113,711.48 $70,973,20 $0,00 $0,00 $0,00 $71,808,00 $113,711.48 $70,973,20 O. $0,00 $0,00 $0,00 $0,00 $0,00 $0,00 $0.00 $0,00 $0,00 $0,00 $0.00 $0,00 $0.00 $0,00 $0,00 $0.00 $0.00 $0.00 $0,00 $0,00 $0,00 $0,00 $0,00 $0,00 $71,608.00 $113,711,48 $70,973.20 IlLS (part of Invoice #1) 25449,31 $25,449.31 I ~19,418.62 I $25,449,31 19,418.62 36,124.00 78177,00 2 $17,842,00 50985.00 2 $39,480.00 53445.15 2 $38,286.00 1,2 $12,474.00 1,2 $15,000.00 159,206,00 9/5/2006 TABLE 1 \ ITEMIZED IMPROVEMENTS AND ACQUISITION COSTS APPROVED FOR PAYMENT NO, 1 IN CHERRY Hill II AREA (TRACT NO, 6153 UNITS THREE AND FOUR) OF CITY OF BAKERSFIELD ASSESSMENT DISTRICT NO, 04·2 DESCRIPTION c, SUBTOTAL IMPROVEMENT COST d, CONSTRUCTION CONTINGENCY e, SUBTOTAL IMPROVEMENT COST AND CONTINGENCY f. INCIDENTAL COST Design Engineering Improvement Bonds (City) Plan Check Faes (City) Inspection Faas (City) Construction Staking Soils and Materials Testing and Report Contractor Supervision and Overhead/Constr. Administration Construction Ins ection Fees TOTAL INCIDENTAL COST g, TOTAL TRACT NO. 6153 UNIT FOUR ON·SITE STREET IMPROVEMENTS, CONTINGENCY, AND INCIDENTALS H, TRACT NO, 6153 UNIT FOUR ON·SITE SEWER IMPROVEMENTS a. SEVVERIMPROVEMENTS 8" Sewer Main 6" Sawer Main 4" Sewer Lateral Standard Manhole (6'·8' deep) 6" Clean Out Stub and Plu TALWIPVE b, SUBTOTAL IMPROVEMENT COST c. CONSTRUCTION CONTINGENCY d, SUBTOTAL IMPROVEMENT COST AND CONTINGENCY e, INCIDENTAL COST Design Engineering Improvement Bonds (City) Plan Check Fees (City) Inspection Fees (City) Construction Staking Soils and Materials Testing and Report Contractor Supervision and Overhaad/Constr. Administration Construction Ins ection Fees TOTAL INCIDENTAL COST f, TOTAL TRACT NO. 6153 UNIT FOUR ON·SITE SEWER IMPROVEMENTS, CONTINGENCY, AND INCIDENTALS I. TOTAL CHERRY HILL II AREA (TRACT NO. 6153 UNITS THREE AND FOUR) IMPROVEMENT COST (Add Items A through H) a. IMPROVEMENTS b, CONTINGENCY c, INCIDENTALS TOTAL CHERRY HILL II AREA (TRACT ND, 6153 UNITS THREE AND FOUR) IMPROVEMENT COST 155 1275 2589 8 3 1 LF LF LF EA EA EA $0,00 $0.00 $0.00 $0.00 $0,00 $0,00 $0,00 $0,00 $0,00 $179,526,00 $0,00 $0.00 $0.00 $0,00 $0.00 $0,00 $0.00 $0,00 $0.00 $280,453.66 $0,00 $0,00 $0.00 $0,00 $0,00 $0,00 $0.00 0.00 $0.00 $176,674,62 9,318,00 $8,925,00 $20,712.00 $8,000.00 $1,050,00 $100,00 48,105,00 $48,105,00 $0.00 $48,105,00 6.00 7,00 8,00 1000,00 350.00 100,00 1616 1302 2826 8 6 1 LF LF LF EA EA EA .2 12.60 10,60 2070.00 360.00 300.00 2 2 2 2 2 2 $0,00 $0.00 $0.00 $0,00 $0,00 $0.00 $0,00 $0.00 $0.00 $48,105.00 $726,835,00 $0.00 $0.00 $728,835.00 $0.00 $0,00 $0.00 $0.00 $0,00 $0,00 $0.00 $0,00 $0.00 $91,560,00 $1,155,883.30 $0,00 $0,00 $1,155,883,30 $0,00 $0.00 $0.00 $0,00 $0.00 $0.00 $0,00 $0,00 $0.00 $48,105.00 $726,835,00 $0.00 $0.00 $726,835.00 J, RECAPITULATION a. TOTAL APPROVED FOR PAYMENT PER FINAL ENGINEER'S REPORT b, TOTAL APPROVED FOR PAYMENT NO.1 (PER THIS REQUESn c, TOTAL FUNDS AVAILABLE FOR PAYMENT AT A LATER DATE $726,835,00 , $726,835,00 $0,00 Notes: 1, lIems funded in the F/nal Engineer's Report for AD 04-2 which were billed together with other items (on the same invoice), 2, lIems approved for payment at this time at a lesser amount than requested (up to the maximum amount available per Finat Engineer's Report for payment of alf completed improvements in the Cherry Hill II Area of AD 04-2), 29706-D,WK4 3 9/512006 iTTENTION: Marian Shaw City of Bakersfield 1501 Truxtun Ave. Bakersfield Ca. 9330 I Contractor: Cherry Hill Inc. P.O. Box 20247 Bakersfield Ca. 93390 PROJECT: AD 04-2 Cherry Hill U Street Improvements, Storm Dmin and Sewer Owner's Application for Payment In accordance with the Acquisition Agreement No. 04-342 application for Payment is made for the following items of work: 1. Grading Improvements Tract 6153-3,4 $ 50,898.62 $ 684,584.40 2. Street Improvements Tract 6153-3, 4 3. Sewer Improvements Tract 6153-3, 4 $ 176A04.00 4. Storm Drain Improvements Tract 6153-3, 4 $ 65,100.00 5. Miscellaneous $ 178,896.28 Total Improvement Costs Tract 6153-3, 4 Total Cost as Approved in Final Engineers Report $1,155,883.30 $ 726,835.00 The above items of work are 100% complete. The above amounts are the actual costs for each item of work as outlined in the Engineer's Report Exhibit B Table B-ll-D 'I / Engineer's Certificate for Payment In accordance with the Contract Document, based upon on-site observations and the date comprising the above application. The Engineer certifies to the Owner that the Work has progressed to the point indicated; that to the best of his knowledge, infonnation and belief. the quality ofthe Work is in accordance with the Contract Documents; and that the Contractor is entitled to payment of the AMOUNT CERTIFIED AMOUNT CERTIFIED..........S726,835.00 (Attach explanation if amount certified differs from the amount applied for.) . I ~~ /:;~? ~, ....A ,[ -' //A" L/ r' By: /:::-::.~,</t?' ,¿{ /,e3?911/~i/ 7-]7 -¿~ ~> Robert E. Smith RCE 35473 This certificate is not nëgotiable. 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 Cherry Hill Inc. hereby certifies that the materials and services shown were furnished to the City of Bakersfield: that no part has been paid; that the items of this claim are just and legal; that there is due the undersigned the amount shown hereon. Cherry Hill Inc. P.O. Box 20247 Bakersfield Ca. July 25, 06 ACTUAL COST COMPARISON A.D. NO. 04-2 Djscriptjon Quanity Cost , Estimate__ ' Actual Difference Ref.# '\ .1. CHERRY HILL II TRACT 6153 UNIT 3 AND 4 IMPROVEMENTS 1. Grading 14,700cu yd $2.00 $51,800.00 $50,898.62 -$901.38 1 TOTAL GRADING $51,800.00 $50,898.62 -$901.38 2. STREET IMPROMEMENTS . 6" Curb and Gutter 13496 lin ft. $7.00 $94,472.00 $117,681.00 $23,209.00 5 4" Concrete Sidewalk 44497 sq. ft. $2.00 $88,994.00 $129,715.20 $40,721.20 5 AC Paving 5045 tons $22.00 $110,990.00 $233,791.80 $122,801.80 2 Agg. Base 4175 cu. Yd $11.00 $45,925.00 $161,040.00 $115,115.00 2 Multi Purpose Bike Trail 14916 sq. ft. $2.00 $29,832.00 $29,306.40 -$525.60 5 6" Concrete Driveway Approach 11781 sq. ft. $2.00 $23,562.00 * -$23,562.00 5 6" Cross Gutter 12' 3ea $5.000.00 $15,000.00 $13,050.00 -$1,950.00 5 TOTAL STREET IMPROVEMENTS $408,775.00 $684,584.40 $275,809.40 3. SEWER IMPROVEMENTS 4" Sewer Main 4663 lin ft. $8.00 $37,304.00 $51,940.00 $14,636.00 3 6" Sewer Main 1806 lin ft. $7.00 $12,642.00 $23,095.80 $10,453.80 3 8" Sewer Main 3109lin ft. $6.00 $18,654.00 $51,386.40 $32,732.40 3 10" Sewer Main 690 lin ft. $12.00 $8,280.00 $12,331.80 $4,051.80 3 Manhole 17ea, $1,000.00 $17,000.00 $35,190.00 $18,190.00 3 6" Clean Out 3 ea. $350.00 $1,050.00 $2,160.00 $1,110.00 3 Stub and Plug 1 ea. $100.00 $100.00 $300.00 $200.00 4 TOTAL SEWER IMPROVEMENTS $95,030.00 $176,404.00 $81,374.00 4. STORM DRAIN IMPROVEMENTS Catch Basin 3.5 opening ,6ea. $2,000.00 $12,000.00 $15,000.00 $3,000.00 4 18" Storm Drain Pipe 769 lin ft. $20.00 $15,380.00 $18,480.00 $3,100.00 4 24" Storm Drain Pipe 694 lin fl $25.00 $17,350.00 $22,620.00 $5,270.00 4 Manhole 5ea. $1,500.00 $7,500.00 $9,000.00 $1,500.00 4 TOTAL STORM DRAIN IMPROVEMENTS $52,230.00 $65,100.00 $12,870.00 5. MISCELLANEOUS 6' Block Wall 2380 lin ft. $50.00 $119,000.00 $178,896.28 $59,896.28 6 TOTAL MISCELLANEOUS $119,000.00 $178,896.28 $59,896.28 a. SUBTOTAL IMPROVEMENT COST $726,835.00 $1,155,883.30 $429,048.30 b. CONSTRUCTION CONTINGENCY $0.00 c.INCEDENTALCOST $0.00 B. TOTAL CHERRY II AREA (TRACT 6153 UNIT 3 AND 4 $726,835.00 $1,155,883.30 $429,048.30 IMPROVEMENT COST * 6" Concrete Driveway Approach included in price of 4" Sidewalk. This amount will not be requested in future. PLEASE COMPLETE THIS INFORMATION. ~ECORDING REQUESTED BY ¡,d for the benefit of the JITY OF BAKERSFIELD WHEN RECORDED MAIL TO: CITY OF BAKERSFIELD CITY CLERK 1501 TRUXTUN AVENUE BAKERSFIELD, CA 93301 ì Kern County Recordër { J,'; Conformed Copy I ,.¡ MAY 1 () 2006 I F t _ ~umen7- . . = o co '20 bl 2.0 7Ta This For Recordel's Use Only NOTICE OF COMPLETION AND ACCEPTANCE OF WORK I declare under penalty of perjury, under the laws of the State of California, that the contents herein are true and correct to the best of my knowledge. Executed on April 19, 2006, at Bakersfield, California. By G:\GROUPDAl\Construction\NOC\2006\TR 6155-1.doc PLE. SE COMPLETE THIS INFORMATION. RECORDING REQUESTED BY 1 for the benefit of the }v OF BAKERSFIELD Kern County Recorder Conformed Copy I' MAY 1 6 2006 WHEN RECORDED MAil TO: Document CITY OF BAKERSFIELD CITY CLERK 1501 TRUXTUN AVENUE BAKERSFIELD, CA 93301 /-\ /7 _ \ :- (-~-' ) \"'. l~..,.-::o.' Coot: 0 ¿, J e07 73 TlQ For fleco-. U.. Onl NonCE OF COMPLETION AND ACCEPTANCE OF WORK (Work Within Public Right-of-Way) NOTICE IS GIVEN that work was completed on that certain prQjøct known as TRACT 6153 PHASE 4 for the undersigned agency on APRil 7, 2006, located SOUTH OF REINA RD AND WEST OF JEWETTA, and that said project was accepted by this agency on APRil 19, 2006. The undersigned age~cy 0wtls the following Interest in said property describea.above: right-ot-way and public improvements within the nght-of-way. ) The Contractor/Developer on said project was CHERRY Hill, INC, and contract number is City of Ban.ersfield Contract No. 05-193. Please refer to said contract number on all communications relating to said contract. The address of the undersigned agency is City Hall, 1501 Truxtun Avenue, BakersfIeld, California 93301. I declare under penalty of perjury, under the laws of the State of California, that the contents herein are true and correct to the best of my knowledge. Executed on April 19, 2006, at Bakersfield, California. /'1/" RÁOL M. Rð:JAS --'-, Public Works Œrector By rr J G:\GROUPDAnConstruclion\NOC\2006\TR 6155-1.doc I', ~" ~ ~:~ : er No. , row No. aan No. öA I t:: Y HUMI:.~ 651-588-9314 p.1 '\ i dHEN RECOROeO MÀIL TO: ~hen:y Rill Inc. 9799 Greenacres Bakersfield. Ca 933$2 James w. ,fitGh¡\ Assessor- Recorder JASON Kern County omcial ecords 4118n Reearded al1he f8quu$1 qf 8:01 TIcor TItle DOCH: 0206092599 Stat Types: 1 Pages: ii_Ill Fees 7. Taxes 0, Others 0 PAID S7 SPAce ABOVE THIS I.INE FOA RECOFtOER'S \.ise NOTICE OF COMPLETiON for Streets & Subdivision Improvemen~s. NOTice ·IS HEREBY GIVEN THAT: 1. The undersigned is OWNER or agent of the OWNER of the interest. or estate stated below in the property hereinafter de$crlbed. 2. The FULL NAME of thu OwNER is Chexl:'l Ri.ll Inc. 3. The FULL ADDRESS of the OWNER is 9700 Greenacres Baker~field. Ca 93312 4. The NATURe OF THE INTEREST or ESTATE of the undersigned is: fn fe". 1I1 other the" f... «rllc. "In f..·.. e"d ,"..". for example. "purch...r under contract of purc:h...:· or "'__.") 5. The FULL NAMES and FULl. ADDRESSES of ALL PERSONS, if any. WHO HOLD SUCH INTEREST or ESTATE with the undersigned as JOINT TENANTS or as TENANTS IN COMMON are: . NAMES ADDREsses n/a 6. The;full names and full addresses of the ~redece.ssot5 in interest of the undersigned if the property was transferred subsequent ) to the comm!!ncement Of' the work of Improvement herein referred to: NAMES ADDRESSES 7. A work of improvement on 'the prop.,n:y bereinafter described was COMP"LETEO Apr i 1 9 r 2006 B. The wcm< of improvement completed Is described as follows: Tract: completion ~}1hñi ui ,,::inn j~rO"'9l"Qn~g_ streets, utili ties _ walls;; latLdscape t 9. The NAME OF THE ORIGINAL CONTRACTOR, if any. for such workfiiof ¡mpr,ovement is C~erry Hill Inc. ,___ 10. The ~treet address ohaid property is Tract 6153-3 ¡ind 1 3-4 1 t. The property on which &aid work of improvement was completed is in the City of Bake:rsfi.eld County of Kern . State of California, and 1& described 8S follows: Date; 4/10/06 Signature of owner or agent of owner ~ is. ßJiy- Verification for INDIVIDUAL owner I, the undersigned, declare under penalty of perjury under the laws of the State of California that I am the owner of the aforesaic interest or estate in the property d~ribed in the, above notice; that I have read SilÎd notice, ·that I know and understønd the content: thereof. and thau:he facts st!lted therein are true and correct. 4/10/06 Bakersfie.ld. Ca.. O.ac" lIt>d PI.ce (Sig"atu,.. o. OW"", ".med in pa;lIOr.p~ 2} Verification for NON-INOIViDUAL owner: i. the undersigned. deelare under penalty of perjury under the laws 01 the State 0' J~ lifornÎa that I am the authorized acrent of me aforesaid interest or estate in the property describe( , "PRESIOeNT. PARTNER. MANAGER. AGENT. ETC." ín the above notice; that I have read the said notice. that I know and understand the contents 'thereof. and that the facts stated thereir are true and correct., , /J, -I- . . uI a4-- 4/10/06 , ~ i/ú n..... .~A 01___ Y #C":___...._ _.. ______ _t__~__ __ L___~~ _~ _.~____., C~) Chicago Title Insurance Company GUARANTEE NO.: CA TT0723-0723-0051-023512190X-CTIC-2006-G9 SUBJECT TO THE EXCLUSIONS FROM COVERAGE. THE liMITS OF liABIliTY AND THE CONDITIONS AND STIPULATIONS OF THIS GUARANTEE, Chicago Title Insurance Company aœ~orooo~h~mœnooffle~m~~ GUARANTEES the Assur.oo named in Schedule A against actual monetary loss or damage not exceeding the liability amount stated in Schedule A, which the Assured shall sustain by reason of any incorrectness in the assurances set forth in Schedule A. Q) (}-U.ò. \-.\ (}-\.,~ Couf.9:ersigned ~ Chicago Title Insurance Company BY ~J M{L-L-- Pres~ ATTEST -¡' /J I Jc1Þ?I¿~ ) Mechanic's Lien Guarantee CLT A Guarantee Form No.9 (12/15/95) · . \ ) ) Guarantee No. CATI0723-0?23-0051-023512190X.:cnC-2006-G9 SCHEDULE A MECHANIC'S LIEN GUARANTEE Liability: $11000.00 Fee: $0.00 1. Name of Assured: CITY OF BAKERSFIELD 2. Date of Guarantee: June 19, 2006, 07:30 A.M. The assurances referred to on the face page hereto are: That, according to those public records which impart constructive notice of matters relating to the title to the land described herein, there are no NOTICES OF CESSATION OF LABOR NOTICES OF NON-RESPONSIBIlITY CLAIMS OF STATUTORY UENS FOR LABOR OR MATERIAlS (OTHER THAN SUCH ClAIMS FOR WHICH A RELEASE APPEARS IN SAID RECORDS), OR NOTICES OF THE PENDENCY OF AcnONS TO FORECLOSE SUCH liENS, recorded subsequent to, which purport to affect said land, other than those shown below under Exceptions. The land referred to in this guarantee is d~libed as follows: See Exhibit "A" attached hereto and made a part hereof 1 Mechanic's lien Guarantee CL TA Guarantee Fonn No. 9 (6/6/92) Guarantee No. CAlT0723-0723-0051-023512190X-cTIC-2006-G9 EXHIBIT "A" THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF CAliFORNIA, AND IS DESCRIBED AS FOLLOWS: All of Tract 6153, Unit 3, in the Oty of Bakersfield, County of Kern, State of California, as per Map recorded June 1, 2005 in Bøok 53, Page 99 of Maps, in the Office of the County Record~r of said County. EXCEPTING THEREFROM 50% all oil, gas, and other minerals, within or underlying said land, or that may be produced and saved therefrom, providing, however, Grantor, his successors and assigns, shall not conduct drilling or other operations upon the surface of said land, but nothing herein contained shall be deemed to prevent the Grantor, his successors and assigns, from extracting or capturing said minerals by drilling on adjacent or neighboring lands and/or from conducting sub-surface dnlling operations under said lands at a depth of 500 feet below the surface of said land, so as not to disturb the surface of said land or any improvements thereon, as reserved by, JAMES C. ECKMANN AND DONNA R. ECKMANN, husband and wife, as joint tenants in deed recorded March 20, 1991 in Book 6499, Page 1461 of Official Records. All of Tract 6153, Unit 4, in the City of Bakersfield, County of Kern, State of Californiat as per Map recorded June 1, 2005 in Book 53, Page 102 of Mapst in the Office of the County Recorder of said County. EXCEPTING THEREFROM 50% aU oil, gas, and other minerals, within or underlying said land, or that may be produced and ~ved therefromt providing. howevert Grantor, his successors and assigns, shall not conduct drilling or other operations upon the surface of said land 1 but nothing herein contained shall be deemed to prevent the Grantor, his successors and assigns, from extracting or capturing said minerals by drilling on adjacent or neighboring lands and/or from çonducting sub-surface drilling operations under said lands at a depth of 500 feet below the surface of said land, so as not to disturb the surface of said land or any improvements thereon, as reserved bYt JAMES C. ECKMANN AND DONNA R. ECKMANN, husband and wife, as joint tenants in deed recorded March 20, 1991 in Book 64991 Page 1461 of Official Records. ALSO EXCEPTING THEREFROM all remaining oil, gas, and other hydrocarbon substances and minerals within or underlying said land, provided however, that the Grantors therein have no right of entry on the surface of said land, or the sub-surfaœ thereof to a depth of 500 feet for the purpose of drilling, mining, exptoñng and excavating for all oil, gast petroleum and other hydrocarbon substance and minerals in and under said land, as excepted in Deed from James Bryan Batey and Marie Ann Batey, husband and wife as joint tenants as to an undivided 1/4 interest; and Benjamin E. Batey and Ruth Gayle Batey, as Trustees of the Batey FamilyTrust dated February 25, 1991 as to an undivided 3/4 interest, recorded March 3, 2004 as Document No. 0204047107 of Official Records. ALSO EXCEP11NGTHEREFROM all remaining oil, gas, and other hydrocarbon substances and minerals within or underlying said land, provided however, that the Grantors therein have no right of entry on the surface of said landt or the sub-surfaœ thereof to a depth of 500 feet for the purpose of dñlling, mining, expfoñng and excavating for all oil, gas, petroleum and other hydrocarbon substance and minerals in and under said land, as excepted in Deed from James Bryan Batey and Marie Ann Batey, husband and wife as joint tenants as to an undivided 1/4 interest; and Benjamin E. Batey and Ruth Gayle Batey, as Trustees of the Batey Family Trust dated February 25, 1991 as to an undivided 3/4 interest, recorded March 3, 2004 as Document No. 0204047107 ,of Official Records. . ) APN: DUPUCATE ORIGINAL 2 Mechanic's lien Guarantee U.TA Guarantee Form No.9 (6/6192) \ ) ) '. Gùarantee No. CAlT0723·0723-0051-D23512190X-cn:C-2006-G9 SCHEDULE A (CONTINUED) Exceptions: END OF EXCEPTIONS DUPUCATE ORIGINAl 3 MecIliIniC's lien Guarantee Cl.TA Guarantee Fonn No.9 (6/6/92) CITY OF BAKERSFIELD CLAIM VOUCHER lVendor No. CLAIMANrS NAME AND ADDRESS: I certify that this claim is correct and valid, and is a proper charge against the City Agency and account indicated. CHERRY HILL INC. P.O. BOX 20247 BAKERSFIELD, CA 93390 ATTN: JAMES BRYAN BATEY (AUTHORIZED SIGNATURE OF CITY AGENCY) Date: PLEASE PROVIDE SHORT EXPLANATION OF PAYMENT: 9/28/2006 Initials of Preparer: ST CITY DEPARTMENT: Public Works (Including Contract Number If Applicable) IMPROVEMENTS FOR ASSESSMENT DISTRICT NO. 04-2, CHERRY Hill II AREA Fund DeDt. Base Elemen1 Project # Invoice Number Amount Comments on check stub \ ..17 4031 822 8041 KEA619 $726.835.00 VOUCHER TOTAL $726.835.00 SECTION 72, PENAL CODE Section 72, Presenting False Claims. Every person who with intent to defraud, ìents for allowance or for payment to any state board or officer, or any .Ilty, town, city district, ward or village boård or officer, authorized to allow or pay the same if genuine, any false or fraudulent claim, bill, account, voucher, or writina, is auilty of a felony. FINANCE DEPT. USE ONLY , Examined & Approved for Payment Amount G:\eng\SHARED\Excel\CfalmVouchers\ClalmVoucher.xls1 :02 PM