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Home My WebLink AboutPayment 04-1 Homestead Area c' 4 . -- B A K E R S F I EL 0 PUBLIC WORKS DEPARTMENT MEMORANDUM TO: ~ 17 Sharon Traynor, Accounting Clerk II FROM: (J r Marian P. Shaw, Civil Engineer IV DATE: September 26, 2006 SUBJECT: ASSESSMENT DISTRICT NO. 04-1 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 AcquisitionAgreement. Therefor, please find attached the Application for Payment of improvements for Assessment District No. 04-1, Homestead 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). $1,036,077.73 Send $1,036,077.73 to: J&L Gardiner, LLC The Homestead Area P.O. Box 2346 Bakersfield, CA 93303 xc: Nelson Smith, Finance Director Bob Sherfy, Deputy City Attorney ) 04-1reimbIHomestead,doc prepared Tuesday, September 26,2006 3:4PM Wilson & Associates 7600 North Ingram Avenue, Suite 202 Fresno, California 93711 (559) 436-6644 Fax: (559) 436-6646 August 28, 2006 29661-B John Stinson / Marian Shaw Public Works Department City of Bakersfield 1501 TruxtunAvenue Bakersfield, CA 93301 Re: City of Bakersfield Assessment District No. 04-1 - The Homestead Area Acquisition Payment No. 1 Processing Dear John and Marian: Wilson & Associates has finished our review process of the payment request for all of the approved improvements completed in The Homestead Area of Assessment District No. 04-1 ("AD 04-1 "), based on the payment request submitted by the engineering firm of SmithTech*USA, Inc.,' on behalf of J & L Gardiner, LLC (the "Applicant") through August 8, 2006 (the "Application"). This letter and recommendation for payment pertain to all The Homestead Area improvements described in the Application and in the Final Engineer's Report for AD 04-1 ("Engineer's Report"). After reviewing said Application, we have come to the below-described conclusions and recommendations regarding this Acquisition Payment No. I for all improvements in The Homestead Area of AD 04-1. Enclosed with this letter is a table entitled "Table 1, Itemized Improvements and Acquisition Costs Approved for Payment NO.1 in The Homestead Area of City of Bakersfield Assessment District No. 04-1" ("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 of the AD 04-1 Engineer's Report (which is the acquisition amount funded by the AD 04-1 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 04-1 Acquisition Price under Payment No. 1 for The Homestead Area. Also enclosed are: (i) a copy of the Applicant's "Application and Certificate for Payment" form (dated July 31,2006), (ii) copies of the City of Bakersfield issued Notices of Completion for Tract No. 6234 Units 1 through 6, (iii) a copy ofthe Applicant's Notice ofCompletio.n for the referenced tract (all six phases), and (iv) a copy of the Ticor Title Company issued "Mechanic's Lien Guarantee" for the referenced tract (all six phases). John Stinson / Marian Shaw August 28, 2006 Page Two The total Acquisition Price recommended for payment to the Applicant for acquisition of all of the completed AD 04-1 The Homestead Area Improvements per said Application is $1,036,077.73, all as itemized on the enclosed Table 1 and summarized below. The following is a recapitulation of funds recommended for payment under this Payment No.1: AD 04-1 Amount Amount Approved Requested Approved for Improvement Acquisition Item Amount for Payment Pavnient No.1 A. REINA ROAD (SOUTH SIDE) (Tract No. 6234 Frontage) a. Grading $ 3,432.00 $ 5,115.00 $ 5,115.00 b. Street Improvements $ 134,733.89 $ 119,830.98 $ 119,489'.98 c. Miscellaneous Improvements $ 80.379.00 $ 135.885.00 $ 80.379.00 d. Subtotal Improvements $ 218,544.89 $ 260,830.98 $ 204,983.98 e. Construction Contingency $ 0.00 $ 0.00 $ 0.00 f Incidental Cost $ 0.00 $ 0.00 $ 0.00 g. Totals $ 218,544.89 $ 260,830.98 $ 204,983.98 B. OLD FARM ROAD (WEST SIDE) (Tract No. 6234 Frontage) a. Grading $ 14,820.00 $ 19,635.00 $ 14,820.00 ) b. Street Improvements $ 187,850.45 $ 209,476.19 $ 203,980.00 c. Miscellaneous Improvements $ 76.689.60 $ 154.284.00 $ 76.689.60 d. Subtotal Improvements $ 279,360.05 $ 383,395.19 $ 295,489.60 e. Construction Contingency $ 0.00 $ 0.00 $ 0.00 f. Incidental Cost $ 0.00 $ 0.00 $ 0.00 g. Totals $ 279,360.05 $ 383,395.19 $ 295,489.60 C. NORIEGA ROAD (NORTH SIDE) (Tract No. 6234 Frontage) a. Grading $ 7,020.00 $ 20,349.00 $ 7,020.00 b. Street Improvements $ 97,585.11 $ 157,278.61 $ 108,915.25 c. Miscellaneous Improvements $ 51.421.50 $ 10 1.844.00 $ 51.421.50 d. Subtotal Improvements $ 156,026.61 $ 279,471.61 $ 167,356.75 e. Construction Contingency $ 0.00 $ 0.00 $ 0.00 f. Incidental Cost $ 0.00 $ 0.00 $ 0.00 g. Totals $ 156,026.61 $ 279,471.61 $ 167,356.75 D. TRACT NO. 6234 ON-SITE STORM DRAIN a. Grading $ 73,476.00 $ 73,476.00 $ 73,476.00 b. Storm Drain Improvements $ 278,445.18 $ 264,546.40 $ 264,546.40 c. Miscellaneous Improvements $ 30.225.00' $ 58.688.50 $ 30.225.00 d. Subtotal Improvements $ 382,146.18 $ 396,710.90 $ 368,247.40 e. Construction Contingency $ 0.00 $ 0.00 $ 0.00 f Incidental Cost $ 0.00 $ 0.00 $ 0.00 ) g. Totals $ 382,146.18 $ 396,710.90 $ 368,247.40 E. GRAND TOTALS $1,036,077.73 $1,320,408.68 $1,036,077.73 " John Stinson / Marian Shaw August 28, 2006 Page Three '\ As also described in the notes on page 3 of Table 1, the above-summarized amounts are based on the following findings: 1. Items labeled "I" in Table 1 "Notes" column are the items funded in-the AD 04-1 Final Engineer's Report for which no payment is requested at this time and for which no payment will be requested at a later date, as confirmed by SmithTech*USA, Inc. Most of these items were either combined with other items, or they are not necessary for completion of the project, or they were labeled in a different manner in Application No. 1 than in the Final Engineer's Report for AD 04- r 2. Items labeled "2" in Table 1 "Notes" column are approved for payment at this time at a lesser amount than requested by the Applicant (up to the maximum amount available for payment of all improvements in The Homestead Area of AD 04-1), or not approved for payment at this time, since there are no more originally approved funds available in the Improvement Fund for The Homestead Area. ) The recommended $1,036,077.73 Acquisition Price is equal to the total acquisition amount for all Improvements in the AD 04-1 The Homestead Area, as approved in the AD 04-1 Engineer's Report. 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 $1,036,077. 73 be paid and that a check for that amount be made payable to J & L Gardiner, LLC, as the payment pursuant to this Payment No. 1 request for all Improvements in The Homestead Area of ÀD 04-1. After said $1, 036, 077.73 payment is finalized, there will be no m~reAD 04-1 The HomesteadArea improvements eligible for acquisition pursuant to the AD 04- I Final Engineer's Report and the .J & L Gardiner, LLC Acquisition Agreement for AD 04-1. 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: Annette Davis / James Gardiner Paula Simpson / Bob Smith ) '\ TABLE 1 ITEMIZED IMPROVEMENTS AND ACQUISITION COSTS APPROVED FOR PAYMENT NO.1 IN THE HOMESTEAD AREA OF CITY OF BAKERSRElD ASSESSMENT DISTRICT NO. 04-1 DESCRIPTION QUANTllY TOTAL QUANTITY TOTAL APPROVED I NOlES I PAYMENT PER (See' THIS REQUEST below c. NA ROAD (SOUTH SIDE) IMPROVEMENTS (Tract No. 6234 Frontage) GRADING - Excavation - Streets 2200 CY 1.56 $3.432.00 1 LS 5115.00 $5,115,00 $5115.00 TOTAL GRADING $3,432,00 $5,115,00 $5,115.00 STREET IMPROVEMENTS A.C. Paving 1600 TON 27.30 $43.680.00 1600 TON 18,76 $30,008.00 $30.008.00 Aggregate Base 1448 CY 17.94 $25,977.12 1448 CY 21,19 $30,690.00 $30,690.00 6" Curb and Gutter 1943 LF 5.85 $11,366,55 1943 LF 7.65 $14,863.95 $14.863,95 4" Concrete Sidewalk 10687 SF 1.76 $18,809.12 10687 SF 2,00 $21,374,00 $21,374.00 Saw CUI 1500 LF 0,78 $1.170.00 940 LF 1.60 $1.499.30 , $1,499.30 Street UghI 1 EA 1950,00 $1,950.00 1 EA 2120.00 $2.120.00 $2.120.00 Interconnect Condun 2173 LF 11.70 $25,424.10 2615 LF 2.95 $7.714.25 $7,714.25 Striping 1 LS 3900.00 $3,900.00 1 LS 8225.00 $8,225,00 $8,225,00 Street Name Sign 4 EA 117,00 $468.00 3 EA 290.16 $870.48 $670.48 Street Sign 3 EA 117.00 $351.00 0 EA 0.00 $0,00 $0.00 1 'WamlngIReg." Sign 4 EA 117,00 $468.00 0 EA 0.00 $0,00 $0.00 1 ~ Monument Encasement 5 EA 234.00 $1.170.00 5 EA 425.00 $2,125.00 $2, 125.00 Seal 0 LS 0,00 $0,00 1 LS 341,00 $341.00 $0.00 2 TOTAL STREET IMPROVEMENTS ¡134.733.89 $119,830,98 $119,489.98 MISCELlANEOUS IMPROVEMENTS 6' Block Wall (0' Rei.) 1563 IF 31,20 $48,765.60 1 LS 135685.00 $135.885.00 $60,379,00 2 6' Block Wall (1' Ret) 225 LF 39.00 $8.n5,00 entire block wall billed as a lump sum $0.00 $0.00 1 6' Block Wall (3' Ret) 183 IF 54.60 $9,991.60 entire block wall billed as a lump sum $0.00 $0.00 1 6' Block Wall ;4.8' Retl 183 LF 70,20 $12846,60 entire block wall billed as a lumø sum $0.00 $0,00 1 TOTAL MISCELLANEOUS IMPROVEMENTS $80,379.00 $135,~,00 $80,379,00 SUBTOTAL IMPROVEMENT COST $218,544.89 $260,830,98 $204,983,98 CONSTRUCTION CONTINGENCY $0.00 $0,00 $0.00 SUBTOTAL IMPROVEMENT COST AND CONTINGENCY $218,544.89 $260,830.98 $204,983.98 INCIDENTAL COST Deslgn EngIneering $0.00 $0,00 $0.00 ImprovamentBonds $0.00 $0,00 $0.00 Construction Slaking $0.00 $0,00 $0.00 Soils and Mateñals Testing and Report $0.00 $0.00 $0.00 Contractor Supervision and OverheacllConslr. Administration $0.00 $0,00 $0.00 Plan Cl1eck and Inspection Fees $0.00 $0,00 $0,00 Conslruclion InSMdlõn Fees $0.00 $0.00 $0.00 TOTAL INCIDENTAL COST $0.00 $0,00 $0.00 TOTAL REINA ROAD (SOUTH SIDE) $218,544.89 $260,830.98 $204,983.98 IMPROVEMENTS, CONTINGENCY, AND INCIDENTALS LÐ FARM ROAD (WEST SIDE) IMPROVEMENTS ,-- (Tract No. 8234 Frontage) GRADING Excavation - Streets 9500 CY 1.56 $14,820,00 1 LS 19635.00 $19,635.00 $14,820,00 2 TOTAL GRADING $14,820,00 $19.635,00 $14,820.00 STREET IMPROVEMENTS A.C. Paving 2112 TON 27.30 $57,657.60 2112 TON 30.32 $64.042,81 $64.042,61 Aggregate Base 1911 CY 17.94 $34,283.34 1911 CY 41.95 $80.156.90 $80,156.90 6" CllIb and Gulter 2529 LF 5,65 $14,794,65 2529 LF 7,65 $19.346.65 $19,348.65 4" Concrete SIdewalk 13909 SF 1.76 $24.479.64 13909 SF 2.00 $27,818.00 $27,818.00 6" Median Curb 2529 LF 4.68 $11,835,72 0 LF 0.00 $0.00 $0.00 1 Saw CUI 0 LF 0.00 $0,00 2529 LF 1.23 $3.109,20 $0.00 2 Street Ughl 4 EA 1950.00 $7,800,00 4 EA 2120.00 $B,480.00 $8,480.00 Interoonnecl Conduit 2529 LF 11.70 $29,569.30 billed on the Relna Road InvoIee $0,00 $0.00 1 Striping J 1 LS 3900,00 $3,900.00 billed on the Relna Road Invoice $0,00 $O.(lO 1 Street Name Sign 7 EA 117.00 $819.00 4 EA 290.16 , $1,160.64 $1,160.64 Street SIgn 4 EA 117.00 $488.00 0 EA 0.00 $0.00 $0.00 1 'WamlngIReg." Sign 5 EA 117.00 $585.00 0 EA 0.00 $0,00 $0.00 1 SUlvey Monument Encasement 7 EA 234,00 $1,638.00 7 EA 425.00 $2,975,00 $2,975.00 Foø Seal 0 LS 0.00 $0.00 1 LS 2387.00 $2387.00 $0.00 2 TOTAL STREET IMPROVEMENTS $1B7.850.45 $209,476.19 $203.980.00 MISCELLANEOUS IMPROVEMENTS S' Block Wall 10' Rell 2458 LF 31.20 $76,689.60 1 LS 154264.00 $154 264,00 $76.689.60 2 TOTAL MISCELLANEOUS IMPROVEMENTS $76,689,60 $154,294,00 $76,689.60 · SUBTOTAl IMPROVEMENT COST $279.360.05 $383.395.19 $295,489.60 · CONSTRUCTION CONTINGENCY $0.00 $0,00 $0.00 SUBTOTAL IMPROVEMENT COST AND CONTINGENCY $279,360.05 $383,395.19 $295,489,60 ,INCIDENTAL COST Design engineering $0.00 $0.00 $0.00 Improvement Bonds $0.00 $0.00 $0.00 ConslIUction Staking $0.00 $0.00 $0,00 Soils and Maleñals Testing and Report $0,00 $0,00 $0,00 Conlractor Supervislon and OverheadlConslr, Admlnlslrallon $0.00 $0.00 $0.00 Plan Check a~=on Fees $0.00 $0,00 $0.00 Construction Ins Fees $0.00 $0.00 $0.00 TOTAL INCIDENTAL COST $0.00 $0.00 SO.OO · TOTAL OLD FARM ROAD (WEST SIDE) $279,360.05 $383,395.19 $285,489.60 I IMPROVEMENTS. CONTINGENCY, AND INCIDENTALS A. REI a. b. c. d. e. f. g. ) h. 8.0 a, b. d e f. g h 29661-B.wK4 0812512006 \ TABLE 1 ITEMIZED IMPROVEMENTS AND ACQUlSmON COSTS APPROVED FOR PAYMENT NO.1 IN THE HOMESTEAD AREA OF CITY OF BAKERSFIELD ASSESSMENT DISTRICT NO. 04-1 I ENGINEER'S REPORT ESTIMATE REQUESTED FOR PAYMENT APPROVED QUANTITY I UNITS I ~~~ I I QUANTITY I UNITS I ~~ I PAYMENT PER DESCRIPTION TOTAL TOTAL THIS REQUEST C. NORIEGA ROAD (NORTH SIDE) IMPROVEMENTS $7.020.00 I (Tl1Ict No. 6234 Frontage) a. GRADING ~ Excavation· Strael$ - 4500 CY 1,56 1 LS 20349.00 $20.349.00 $7,020,00 TOTAL GRADING $7,020.00 $20,349.00 $7,020,00 b,STREETIMPROVEMENTS A.C. Paving 1000 TON 27.30 $27.300.00 1000 TON 70.15 $70,150.50 $27.300.00 Aggregate Base 905 CY 17.94 516,235,70 905 CY 44.80 $40,545,00 $37,556.64 6" CUrb and Gutter 1243 LF 5.85 $7,271.55 1243 LF 7.65 $9,508,95 $9,508.95 4" Conaete Sidewalk 14916 SF 1.76 $26,252.16 14916 SF 2,00 $29,832,00 . $29,832,00 Saw Cut 1320 LF 0.78 $1,029.60 1325 LF 1.10 $1,457.50 '. $1.457.50 Streat Ught 1 EA 1950,00 $1,950.00 1 EA 2120.00 $2,120,00 $2,120.00 Inten:onnecl Conduit 1243 LF 11.70 $14,543.10 billed on thl Raina Road Invoice $0.00 $0,00 Striping 1 LS 1950.00 $1,950.00 bmed on thl Raina Road Invoice $0.00 $0.00 Street Name Sign 2 EA 117,00 $234.00 1 EA 290.16 $290.16 $290.16 Street SIgn 1 EA 117,00 $117.00 0 EA 0.00 $0.00 $0,00 'WamlngIReg," Sign 2 EA 117.00 $234,00 0 EA 0.00 $0.00 $0.00 Survey Monument Enœsement 2 EA 234,00 $468.00 2 EA 425,00 $850.00 $850.00 Foa Seal 0 lS 0.00 $Ò.oo 1 LS 2524.50 $2,524.50 $0,00 TOTAL STREET IMPROVEMENTS $97,585.11 $157,278,61 $108,915,25 c. MISCELLANEOUS IMPROVEMENTS 6' Block Wall (0' Rel) 500 LF 31.20 $15,600.00 1 lS 101844.00 $101,844.00 S51,421.50 6' Block Wall (2.5' Ret) 395 LF 50.70 $20,026.50 enllla block wall billed as a lump swn $0.00 $0.00 6' BIockWalI ;3.7' Ret.l 270 LF 58.50 $15.795.00 entire block willi billed as a lumo swn $0.00 $0.00 TOTAL MISCELLANEOUS IMPROVEMENTS S51.421.50 $101,844.00 $51,421.50 d. SUBTOTAl IMPROVEMENT COST $156,026.61 $279,471.61 $167,356.75 e, CONSTRUCTION CONTINGENCY $0,00 $0.00 $0,00 f. SUBTOTAL IMPROVEMENT COST AND CONTINGENCY $156.026.61 $279.471.61 $167,356,75 g, INCIDENTAL COST Design Engineering $0.00 $0.00 $0.00 Improvement Bonds $0.00 $0.00 56.00 ConslRlcllon Staklng $0.00 $0.00 $0,00 Solis and Materials Testing and Report $0.00 $0.00 $0.00 Contreclor SuperviS/Ofl and OverheadlConslr. Admlnistrallon $0,00 $0,00 $0.00 Plan Check and Inspection Fees $0.00 $0,00 $0.00 Construction ìnsoectlon Fees $0.00 $0,00 $0.00 ) TOTAL INCIDENTAL COST $0.00 $0.00 $0.00 . h. TOTAL NORIEGA ROAD (NORTH SIDE) $156.026.61 $279,471.61 $167,356.75 IMPROVEMENTS, CONTINGENCY. AND INCIDENTALS [E]0 S (See below 2 2 2 2 2 1 1 D. TRACT NO. 6234 UNIT ONE ON.s1TE STORM DRAIN a. GRADING Excavation - Su 47100 CY 1.56 573.476.00 47100 CY 1.56 $73.476,00 $73,476.00 TOTAL GRADING $73,476.00 $73,476,00 $73,476.00 b. STORM DRAIN IMPROVEMENTS 36" Slonn Drain Pipe 210 LF 67,86 $14,250,60 270 54.00 $14,580.00 $14.580.00 30" Slonn Oraln Pipe 984 LF 53,82 $52.958.88 991 42,00 $41,622.00 $41,622.00 24" Slonn Orain Pipe 1881 LF 39.00 $72,579,00 1530 34.80 $53,244.00 $53,244,00 18" Slórm DraIn Pipe 1940 LF 28,86 $55.988.40 1858 28.80 $53.510.40 $53,510.40 Calch Basin (3,5' Opening) 20 EA 2340,00 546,800.00 21 3000,00 $63,000,00 $63,000.00 Manhole 18 EA 1716.00 $30,888.00 17 2070.00 $35,190,00 $35,190.00 Stub 1 EA 78.00 $78.00 3 300,00 $900.00 $900.00 Outlet Structure 1 EA 1170.00 $1,170.00 2500.00 $2,500,00 $2,500.00 36" Storm Drain Pi a1lheSum 55 IF 67.86 $3.732.30 bßledt above $0.00 $0.00 TOTAL STORM DRAIN IMPROVEMENTS $278,445.18 $264,546,40 $264.546.40 c, MISCELLANEOUS IMPROVEMENTS 6' Block Wall around lhe Sum 0-1' Ret 775 IF 39.00 $30.225.00 I lS 58888,50 '$58,688.50 $30,225.00 2 TOTAL MISCEllANEOUS IMPROVEMENTS $30,225.00 $58,888,50 $30,225,00 d. SUBTOTAL IMPROVEMENT COST $382,146,18 $396,710.90 $368.247.40 e. CONSTRUCTION CONTINGENCY $0,00 $0.00 $0.00 f. SUBTOTAL IMPROVEMENT COST AND CONTINGENCY $382,146.18 $396,710.90 $368,247.40 g, INCIDENTAL COST DesIgn Engineering $0.00 $0.00 $0,00 Improvement Bonds $0.00 $0.00 $0.00 Conslructlon Staking $0.00 $0,00 $0.00 Solis and Malerials Testing and Report $0,00 $0,00 $0.00 Contractor Supervision and OvelheedlConslr. Administration $0,00 $0.00 $0.00 Plan CheCk and Inspection Fees $0,00 $0.00 $0,00 Conslnlction Ins nFees $0,00 $0,00 $0,00 'T AL INCIDENTAL COST $0. $0.00 $0,00 h. TOTAL TRACT NO. 8234 ON.sITE STORM DRAIN $382.146.18 $398,710.90 $388.247.40 IMPROVEMENTS, CONTINGENCY, AND INCIDENTALS E. TOTAL THE HOMESTEAD AREA (TRACT NO. 8234) IMPROVEMENT COST (Add Hems A, B, C. and D) a, IMPROVEMENTS b, CONTINGENCY c. INCIDENTALS d. TOTAL THE HOMESTEAD AREA (TRACT NO. 62341 , IMPROVEMENT COST ) $1,036,077.73 $0.00 $0.00 $1,038,077.73 $1,320,<108,68 $0,00 $0.00 $1.320,408.88 $1,036,077.73 $0.00 $0.00 $1,038.077.73 29861-B.WK4 2 0812512006 " TABLE 1 ITEMIZED IMPROveMENTS AND ACQUISITION COSTS APPROVED FOR PAYMENT NO.1 IN THE HOMESTEAD AREA OF CITY OF BAKERSFIElOASSESSMENT DISTRICT NO. 04-1 DESCRIPTION F. RECAPITULATION a. TOTAL APPROVED FOR PAYMENT PER FINAL ENGINEER'S REPORT b. TOTAL APPROVED FOR PAYMENT NO.1 (PER THIS REQUEST) c. TOTAL FUNDS AVAILABLE FOR PAYMENT AT A LATER DATE (In The Homestead Area of Assessmant District No. 04-1) $1,036.077.73 $1,036,077.73 $0.00 NOTES: 1. IIems _In the FlnaI EngineeI's Report kJr wtich no payment Is reques1ed allhls time 8I'Id lor wtich no payment wi! be requested at a later dale. as C(lI1fInned by SmllhTedt·USA, Inc, MosI of thesa Items were eIIIMlr 00f1lbIned with olher 1Iems. or Ihey are not _lor completion olthe jJroect. or they wem labeled In a diIIørenlmannerln this AlpIIcaIlon No, llhan In the Final Engineer's Report for AD 04-1. ' 2._ --' kJr payment" a lesser 1lm0000lhan requested (up 10 the maximum amount a_ for _ent of atl ,""",,,","enlS In 1he _ ARIa of AD 04-1). or not approved for payment alll1ls time. stnca lhera .... no...... oñgInaIly lIllRW8d funds available In the Improvement Fund for1he Homestead Area, ' 29661·B,WK4 3 OS/2512006 APPLICATION AND CERTIFICATE FOR PAYMENT \ i TO: (OWNER) J & L Gardiner, LLC The Homestead Area P.O. Box 2346 Bakersfield, CA 93303 PROJECT: Assessment District No. 04-1 The Homestead Area CONTRACTOR: J & L Gardiner, LLC AITENTlON: Marian Shaw City of Bakersfield 1501 Truxtun Ave. Bakersfield, CA 93301 OWNER'S APPLICATION FOR PAYMENT In accordance with the Acquisition Agreement, application for payment is made for the following items of work: SUMMARY: Tract No. 6234 Off site & On-Site Improvements Reina Old Farm Off site: Total Grading Improvements $ 5,115.00 $ 19,635.00 $ Total Street improvements 119,830.98 209,476.19 Total Misc. Improvements 135,885.00 154,284.00 SUB TOTAL IMPROVEMENTS $ 260,830.98 $ 383,395.19 $ On-Site: Total Grading Total Stonn Drain Improvements Total Miscellaneous Improvements SUB TOTAL ON-SITE STORM DRAIN IMPROVEMENTS TOTAL ACTUAL COSTS Noreiga 20,349.00 157,278.61 . 101,844.00 279,471.61 $ 73,476.00 264,546.40 58,688.50 $ 396,710.90 $ 1,320,408.68 $ 1,036,077.73 TOTAL THE HOMESTEAD AREA (1RACT 6234) IMPROVEMENT COSTS AND AS APPROVED IN FINAL ENGINEER'S REPORT TOTAL PAYMENT APPLICATION AMOUNT $ 1,036,077.73 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 (Engineer's Report) ENGINEER'S CERTIFICATE FOR PAYMENT In accordance with the Contract Document, based on on-site AMOUNT CERTIFIED observations and the data comprising the above apþlication, 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 m accordance with the Contract Documents, and that the Contractor is entitled to payment of the AMOUNT CERTIFIED: B. OWNEWSCERTIFICATION J & L Gardiner, LLC 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 these claims are just and legal; that there is due the undersigned the amount shown hereon. ) ~<W &LJ ~ & L Gardiner, LLC '-. $ 1,036,077.73 I PLEASE COMPLETE THIS INFORMATION '1ECORDING REQUESTED BY J.md for the benefit of the CITY OF BAKERSFIELD James W. Fitch" Assessor - Recorder Kern County Official tiecords Recorded at the request of Public DOC#: 0206005831 SOFIR ltn912006 1 :51 PM Stat Types: 1 Pages: 1 WHEN RECORDED MAIL TO: CITY OF BAKERSFIELD CITY CLERK 1501 TRUXTUN AVENUE BAKERSFIELD, CA 93301 I UI II III I mil Fees Taxes Others PAID 0.00 0.00 0.00 $0.00 This Space For Recordeñ: Use Only NOTICE OF COMPLETION AND ACCEPTANCE OF WORK (Work Within Public Right-of-Way) NOTICE IS GIVEN that work was comRleted on that certainJJroject known as TRACT 6234 UNIT 1.z for the undersigned agency on OCTOBER '1~, 2005, located NORTH OF NORIEGA ROAD AND WES I OF OLD FARM ROAD, and that said project was accepted by this agency on December 22,2005. The ""dersigned agency owns the following interest in said property described above: right-of-way and public \)rovements within the right-of-way. . ) The Contractor/Developer on said project was J & L GARDNER, LLC, and contract number is City of Bakersfield Contract No. 05-073. Please refer to said contract number on aU 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(oerjury, under the laws of the State of California, that the contents herein are true and correct to the best 0 my knowledge. ',' . Executed on December 22,2005, at Bakersfield, California, /~............ RA\:JL M. ROJAS Public Works Director By ) . _.' .. { ~l " f' ., ' 0:\0 ROUPDA nCnllSlrUclÌlln\NOCI2005\TR 52.14-I.Doc PLEASE COMPLETE THIS INFORMATION -~COR01NG REQUESTED BV ).ld for the benefit of the CITY OF BAKERSFIELD James W. Fitch.z. Assessor - Recorder Kern County Official l1ecords Reoorded al the request of Public DOC#: 0206005827 SOFIR 1/0912006 1:51 PM WHEN RECORDED MAil TO: Stat Types: 1 Pages: 1 CITY OF BAKERSFIELD CITY CLERK 1501 TRUXTUN AVENUE BAKERSFIELD, CA 93301 IIIIIIIIIIIIUII~ Fees Taxes Others PAID o.on 0.00 0.00 $0.00 TIlisSpaœ For_s llse Only NOTICE OF COMPLETION AND ACCEPTANCE OF WORK (Work Within Public Right-of-Way) NOTICE IS GIVEN that work was completed on that certainjJroject known as TRACT 6234 UNIT t for the undersigned agency on OCTOBER 1Q, 2005, located NORTH OF NORIEGA ROAD AND WES I OF OLD FARM ROAD, and that said project was accepted by this agency on December 22,2005. The I "-1ersigned agency owns the following inlerest in said propeny descnbed above: right-ot-way and public \ rovements within the right-ot-way. . / The Contractor/Developer on said project was J & L GARDNER, LLC, and contract number is City of Bakersfield Contract No. 05-168. Please refer to said contract number on alt communications relating to said contract. The address ot 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 December 22, 2005, at Bakersfield, California. .-,~~ RAUL M. ROJA-S-' Public Works Director By \ ) . ;';. \~: ; ~i. . ·1"-:.0;,;" "._'.·f I G:\GROUPOA 1\C"n.<tmclÌun\N0CI2005\TR 6234-2.<loc I PLEASE COMPLETE THIS INFORMATION I, . I· RECORDING REQUESTED BY and for the benefit of the CITY OF BAKERSFIELD r '. WHEN RECORDED MAIL TO: James W. ~¡tChJ, Assessor-Recorder Kern County OffICIal l1ecords Recarded arlhe I8quesl of Public TElFORDT 312912006 9:22 AM DO C#: 0206075240 ~læl~I~1I1111111 Slat Types: 1 Fees Taxes Of hers PAID Pages: 1 0.00 8.00 0.00 $0.00 CiTY OF BAKERSFIELD CITY CLERK 1501 TRUXTUN AVENUE I BAKERSFIELD, CA 93301 I This Soace For Recorder's Use Only NOTICE OF COMPLETION AND ACCEPTANCE OF WORK (Work Within Public Right-of-Way) NOTICE IS GIVEN that work was completed on that certain j)fQiect known as TRACT 6234 UNIT 3 for the undersiº-ned agency on FEBRUARY 20, 2006, located NORTH OF NORIEGA ROAD AND WEST OF OLD FARM ROAn, and that said project was accepted by this agency on MARCH 23, 2006. The µndersigned ag~nçy own~ the following interest in said property descrioed above: right-of-way and public . Improvements WIthin the Tlght-of-way. . . ) The Contractor/Developer on said project was J & L GARDNER, LLC, and contract number is City of Bakersfield Contract No. 05-095. 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 March 23, 2006, at Bakersfield, California. R~A-S-- Public Works Director By G:\OROUPDATlConstrUClíonè'l0Cl2006\TR 6234-3.do<: I PLEASE COMPLETE THIS INFORMATION '\ ECORDlNG REQUESTED BY )dnd for the benefit of the CITY OF BAKERSFIELD James W. ~itch.z. Assessor- Recorder Kern County OffIcial tiecords Recoroed allhe request of Public SOFIR 110912006 1 :51 PM WHEN RECORDED MAIL TO: {)OC#~ 0206005828 Stal Types: 1 Pages: 1 CITY OF BAKERSFIELD CITY CLERK 1501 TRUXTUN AVENUE BAKERSFIELD, CA 93301 ¡IIIIII'"~I"IIIIIIIIIIII Fees Taxes Others PAID 0.00 0.00 0.00 $0.00 This S....... For Recorders. Use Only NOTICE OF COMPLETION AND ACCEPTANCE OF WORK (Work Within Public Right-af-Way) NOTICE IS GIVEN that work was comp-feted on that cer1ainj:;lfpject known as TRACT 6234 UNIT 4.,. for the undersigned agency on OCTOBER 10, 2005, located NORTH OF NORIEGA ROAD AND WES I OF OLD FARM ROAD, and that said project was accepted by this agency on December 22, 2005. The . iersigned agency owns the following interest in said propeny descnbed above: right-ot-way and public )~rovements within the right-of-way. . The Contractor/Developer on said project was J & L GARDNER, LLC, and contract number is City of Bakersfield Contract No. 05-049. Please refer to said contract number on aU 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 December 22, 2005, at Bakersfield, California. ~L-... RAUL M. ROJAS Public Works Director B . :-l; ~¡ ¡;;~ -(lfH; I PLEASE COMPLETE THIS INFORMATION '"'ECORDlNG REQUESTED BY \ ' )tnd for the benefit of the CITY OF BAKERSFIELD WHEN RECORDED MAIL TO: CITY OF BAKERSFIELD CITY CLERK 1501 TRUXTUN AVENUE . BAKERSFIELD, CA 93301 James W. Fitch" Assessor-Recorder Kern County Official t\ecords Recorded alllle request of Public DOC#: 0206005829 SO FIR 1/0912.006 1:51 PM Stat Types: 1 Pages: 1 :1111111 n 11I111 Fees ¡axes Others PAID 0.00 0.00 0.00 $0.00 This Space For Reconl...s Use Only NOTICE OF COMPLETION AND ACCEPTANCE OF WORK (Work Within Public Right-of-Way) NOTICE IS GIVEN that work was comQfeted on that certain_prpject known as TRACT 6234 UNIT ~ for the undersigned agency on OCTOBER 10, 2005, located NORTH OF NORIEGA ROAD AND WES I OF OLD FARM ROAD, and that said project was accepted by this agency on December 22, 2005. The . -·...dersigned agency owns the following interest in said property descnbed above: right-at-way and public \)rovernents within the right-of-way. . J The Contractor/Developer on said project wasJ & L GARDNER, LLC, and contract number is City of Bakersfield Contract No. 05-170. 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 ot 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 December 22, 2005, at Bakersfield, California. /~~ // l-/\ RAUL M. ROJAS Public Works Director By ::: ;1 .~-; . G:\GROL1PDA TlCOIlSl<11ction\NOC\2\lllS\TR6134-S,dGc RECORDING REQUESTED BY and for the benefit of the CITY OF BAKERSFIELD , James W. Fitch,1 Assessor-Recorder Kern County Official ttecords Renamed at the request 01-' Public DOC#: 0205284359 SABRINA 1 0l13J2()05 9:07 AM PLEASE COMPLETE THIS INFORMATION Slat TypéS: 1 Pages: 1 II \mll~11I1I 1111 fees 0.00 Taxes 0.00 others 0.00 PAID SO.OO WHeN RECORDED MA.lL TO; CITY OF BAKERSFIELD CITY CLERK 1501 TRUXTUN AVENUE BAKERSFIELD, CA 93301 Thls Sp~ For Recorder's Use Onl1 NOTICE OF COMPLETION AND ACCEPT AtJCE OF YJORK (Work Within Public Right-of-Way) i NOTICE IS GIVEN that, work was completed on that certain project known as TRACT 6234 U~IT 6,.1 i ~Œ'i=XWm'i71~:g,aR~a<¡¡;~n ~~~~~~~~~~:g~T~,:~:~;Am:~t~ ro'õ5~-8.~ I µndersigned ag~nçy own~ the following interest in said property descrióed above: right-of-way and public ) Improvements Within the nght-ot-way. -. . The ContractorlDeveloper on said project was J & L GARDNER, LLC, and contract number is City of Bakersfield Contract No. 05-050. Please reter 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 at 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 September 27,2005, at Bakersfield, California. RAU~ -' Public Works Director By G:\GROl:PDA l\Con..tuclÌonINOCI2005\TR 6234·6.doc ':\c .'r. , , RE:C(\ .tDI~..?~;lEQUESTED BY: James W. Fitch,t Assessor-Recorder Kern County Official t1ecords :Recorded at the request Df Public DOC#: 0206110357 TELFORDT 5/04/2006 10:48 AM Escrow No.: ÔS-Brenda-BA locate No.: CAINDOOOO-0723-0001- Title No.: 1111111111111111 Fees Taxes Others PAID Pages: 2 10.00 0.00 3.50 $13.50 When Recorded Mail Document To: AssuranŒ Development 1200 Truxtun Avenue #130 Bakersfield, Ca. 93301 Stat Types: 1 APN: SPACE ABOVE ïHIS liNE FOR RECORDERfS USE NOTICE OF COMPLETION Before execution, refer to title company requirements stated on Page 3 NOTICE IS HEREBY GIVEN THAT: ' 1. The undersigned is an owner of the following interest or estate in the hereinafter described real property, the nature of which estate or interest is ~ fee simplel purchaser under contract, lessee or the following other interest: 2. The full name and address of the owner and of any and all co-owners is/are: NAME ADDRESS CITY STATE ZIP J & L Gardiner 1115 Home Ranch Drivel Bakersfield, Ca. 92113 ~. The full name(s) and addressees) of the transferor(s) of the undersigned is/are: NAME ADDRESS CITY STATE ZIP 4. On October 10, 2005 , there was completed upon the real property the following work of improvement: All improvements includino streets. curbs. gutters. sewers. etc. 5. The name of the orIginal contractor, if any, for such work of improvement was: Bradford & Sons 6. The real property on which the work of improvement was completed is situated in the County of Kern, State of California, and described as follows: Tract 62341 Phase 1; Tract 6234, Phase 2; Tract 6234, Phase 3; Tract 62341 Phase 4; Tract 6234, Phase 5; and Tract 6234, Phase 6 7. The street address of said property is: N/A FD-32A (Rev 05/05) ( complete)(09-05) NOTICE OF COMPLETION PAGE 1 OF 3 APN: '\ tate of California County of J¿ eX {\ Subscribed a~worn to (or affirmed) before me on this, 1 _~ dayor æ ,20.I2l.e... by, Þ.LY. p. perso~ known to me ~~ðVed te me OR tAt: basis-uf satisfactory ~Ji1enc{;l to b8 the perÊon( s) who appeared before me. (seal) Signature VERIFICATION II the undersignedl say: X I am the owner or I am the _ ("President,Partner, Manager, Agent, etc.'') of the owner of the aforesaid interest or estate; I have read this notice; I know and understand the contents thereof; and the facts stated therein are true of my own knowledge. I deFclare under penalty of perjury that the for~l)g is true and correct. _"-U a ~~ W~ . '¡ /BY \Jor('(\.LS ú, ~~ti{v\(y Owner's Agent MlÅÁ\ '5 , êlQf)(P At Executed on FD-32A (Rev 05/05) (complete) NOTICE OF COMPLETION PAGE 2 OF 3 ,. TICOR TiTlE COMPANY" =- OF CALIFORNIA 201.New Stine Road, SUite 300, Ba\œfSfield, CA 93309 PI1orle: 661398-7100· FAX: 661847-7123 Title Offjc~: Scott Munay Phone: 661398-7100 INVOICE Assurance Development Attn: leesa hashim 1200 Truxtun Avenue #130 Bakersfield, CA 93301 INVOICE NO.: 723000001968 July 5, 2006 TITLE NO.: 06-23512197-SM LOCATE NO.: CATT0723-0723-0051-0023512197 REF. NO.: CUSTOMER PHONE: '661-327-0067 SALES REP(S): BUYER: SELLER: PROPERTY: Bakersfield! CA 93313; APN: 368-010-01 DESCRIPTION: 429000 Mechanic's lien Guarantee ClTA Guarantee Form No.9 (6/6/92)- $1,000.00 200.00 PLEASE PAY THIS AMOUNT $ 200.00 TERMS - NET DUE UPON RECEIPT ·$uå.tañtê.eN.ti',·CA:t,:rø'12~;:t}72~i;Ott5Hm?4$f2:tØ:7~TIÇÔ.~·2QP6~(39 SCHJ:ÐULE~ , ,fJJ'CHAf.U¢f$U~N,'WAMrfl'E1 4élÞllîtv: ~Î;iÇijQ~{1(). i~ª~~m¢,I:4~:S,:, '. ",: C!ty:oti;iaàketšfiêkt Z. Oàté öf'G'uarâñtæ;' Jtit¥'3.¡.2006/..0ì'r3tlA.M. rr..è·~Stjran~r4f~~:PJ on'~*ª~,þ'~~~ h~~ö,~.r~~, 1hªtjqçc9rdÍI19;,t~~ij;~;~ti¢~rð~.~l.ìn~rt~eJlotlœoftn,attëtst'èlãbÎi9'tÒ'thè,titlë..tØthe fânii. d~dtib~:hef¢ini.,th~(è ~l'Ø'nø~ ' .' ,NOnCeS'oF'OOMPumON: iï~tiD:::==~~~~A rèCotöedsubsequtmttQ May 41. 2fi06l whidi purportto.afféttsaid ìalid" other than tnoseshown bètôWUhdèr 6XêëptTölÏš:' . < The'tå.'~~.Fèfe*~Ø!~ø (fftnls:gua~rt~ ~ç¢sçdt)~ "~;(Q1.JÓW:S.~ Se~;~iji~lt l!}.\i)'a.J:ti:lmed b~r~~aoo m@e.ir:pªtt~pf 1 Mêëliiïriiè.'!; uelÎ:.Gl!lÌtantee Cl.TAGitiii'åÍíieifórm NÖ;~{6/fj/!l2} , Gt.{a.rante.~J~~..:CÂjt()Z~a"Ø72~..Qó$t;;QÖ~5iti97"ttcóR:;2006"G9 ~flIJl~1,\A;'#' ~:i~~~~~~~#rnT:::~~:~~~=~~·:~::í~J=r:::~~~ount.rør"Kemi·Stát~Qf:CäiifGrn¡å;"a's APN: 368;0:10"101 ) 2 " MeøtilJ1ll¡!$' UertGtlai;1lltee ClTA Guarantêè·Í'òfm NO;~{616i9îi 'G~ª'M~:,f~~,:qA1tQ'ì2g~0123;·(JQ$hØØ~5~2f97.:;nCOR~200ô~G9 SCflEOULE,Ä{Ø)NTINUeO) 'E~œptf.Qma; , i} AjÌ¡p'~:Qrêømp.ïê.ttón;te.cprð.Ø(rMa,y· 4; 2º:ct$:~~: t)Q.q.Jro~nt Ñò~,º~ºf!1:tø3:~7þfØffl¢l~ g.¢çØtq~\ END.,QFSXCEPnõ8S ) 3 , .ÞfèÇll~¡t'$lJëñ:.$t!ii.Ìi\i\tW, eLTA Gt.iilr.lilr~~ ~:ri(616192)' CITY OF BAKERS'FIELD CLAIM VOUCHER Vendor No. I certify that this claim is correct and valid, and is a proper charge against the City Agency and account indicated. CLAIMANT'S NAME AND ADDRESS: J&L GARDINER, LLC THE HOMESTEAD AREA P.O. BOX 2346 BAKERSFIELD, CA 93303 (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. 04-1, HOMESTEAD AREA IMPROVEMENTS Fund Dept. '! Base Element Proiect # Invoice Number Amount Comments on check stub 676 4031 822 8041 KEA617 $1,036,077.73 VOUCHER TOTAL $1.036.077.73 SECTION 72, PENAL CODE Se' '\ 72, Presenting False Claims. Every person who with Intent to defraud, pr.. .is 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