The URL can be used to link to this page

Home My WebLink AboutPayment 03-3 Brighton Place II #1 ~,.... .. . B 'A K<,E--R SF IE PUBLIC WORKS DEPARTMENT MEMORANDUM TO: Sharon Traynor, Accounting Clerk II FROM: ~'f1 MarianP. Shaw, Civil Engineer IV DATE: October 25, 2005 SUBJECT: ASSESSMENT DISTRICT NO. 03-3 PAYMENT REQUEST **************************************************~**************** The City has received a written application request from the developer that t,he improvements referenced on the attachment are complete and have been acéepted 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. 03-3, Brighton Place'Il area improvements. Wilson and Associates was retained by the City Public Works Department to review those applications fOJ payment from bond proceeds f?F-tl:1is Assessment District. Completed Items as per Exhibit "A" of the Acquisition Agreement: (See attached request). $445,497.00 Send $445,497.00 to: Ca~tle & Cooke California, Inc. 10000 Stockdale Highway, Suite 300 Bakersfield, CA 93311 Attention: Laura Whitaker xc: Nelson Smith, Finance Director Bob Sherfy, Deputy City Attorney 03-3reimb2.doc prepared Tuesday, October 25, 2005 4:34PM July 7, 2005 John Stinson/Marian Shaw Public Works Department City of Bakersfield 1501 Truxtun Avenue Bakersfield, CA 93301 Wilson & Associates 7600 North Ingram Avenue, Suite 202 Fresno, California 93711 (559) 436-6644 Fâx: (559) 436-6646 29655B Re: City of Bakersfield Assessment District No. 03-3; Brighton Place II Area Acquisition Payment Processing No.1 Dear John and Marian: Wilson & Associates has finished our review process of the payment request for all of the Improvements completed and a portion of the Fees paid in the Brighton Place II Area of Assessment DistrictN 0.03 -3 ("AD 03 -3 "), based on the Volume I of the payment request submitted by McIntosh & Associates on behalf of Castle & Cooke (the "Applicant") dated June 21,2005, and the updated request and information submitted through July 6, 2005 (collectively, the "Application No.1"). This letter and recommendation for payment pertain to all of the improvements and a portion of the fees in the Brighton Place II Area (described in Exhibit B, Table B-II-C of the Final Engineer's Report for AD 03-3). After reviewing said Application No.1, we have come to the below-described conclusions and recommendations regarding this Acquisition Payment for the improvements and fees in the Brighton Place II Area of AD 03-3. Enclosed with this letter is a table entitled "Table 1, Itemized Improvements and Acquisition Costs Approved for Payment NO.1 in Brighton Place II Area of City of Bakersfield Assessment District No. 03-3" ("Table I") that presents an itemized comparison of the cost of improvements to be acquired as they were estimated and shown on said Exhibit B, Table B-II-C of the AD 03-3 Engineer's Report (which is the acquisition amount funded by the AD 03-3 proceedings) to the itemized amount paid by the Applicant for each item of work shown in the Application No.1 and requested for payment by the Applicant. Table 1 also shows in)ts column entitled "Approved Payment Per This Request" the amount for each item of work we recommend for payment to the Applicant as the AD 03-3 Acquisition Price under Payment NO.1 for the Brighton Place U Area. Also enclosed are: (i) a copy of the Applicant's "Application and Certificate for Payment" form, (ii) a copy of the City issued Street Permit form for the Traffic Signal Improvements funded in the AD 03-3 Brighton Place II Area, (iii) a copy of the Applicant's Notice of Completion for the referenced Traffic Signal Improvements, and (iv) a copy of Chicago Title "Mechanic's Lien Guarantee. " John Stinson/Marian Shaw July 7,2005 Page Two The total Acquisition Price recommended for payment to the Applicant for acquisition of all of the completed AD 03-3 Brighton Place II Area Iniprove!,lents and Fees per Application No.1 is $445,497.00, all as itemized on the enclosed Table 1 åJ)èi--'summarized below. The following is a recapitulation of funds recommended for payment under this AD 03-3 Brighton Place II Area Payment No.1: o " 'I' f t.. \""''.\.~1: .--;~ ~( - 1i)! ,'S' ..", v I I"" AD 03-3 Approved Amount Amount Requested for Payment Amount Approved for Payment No.1 Improvement Acquisition Item A. STREET IMPROVEMENTS Traffic Signal at Jewetta Avenue and Milverton Way $ 120,000.00 $ 106,361.00 $ 106,361.00 B, MISCELLANEOUS IMPROVEMENTS Block Wall $ 0.00 $ 0.00 $ 0.00 C. FEES Water Availability Fee Subtotal Fees $ 72,180.00 $ 82,180.00 $ 82,180.00 $ 388.869.00 $243.984.00 $ 243.984.00 $ 461,049.00 $ 326,164.00 $ 326,164.00 "$ 0.00 $ 0.00 $ 0.00 $ 26.906.00 $ 12.972.00 $ 12.972.00 $ 607,955.00 $ 445,497.00 $ 445,497.00 Regional Transportation Impact Fee D. CONSTRUCTION CONTINGENCY E. INCIDENTAL COST F. TOTALS As also described in the notes on Table 1, the above-summarized amounts are based on the following findings: 1. Items labeled "1" in Table 1 "Notes" column are the items funded in the AD' 03-3 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 McIntosh & Associates. 2. An item labeled "2" in Table 1 "Notes" column is the item requested and approved for "partial" payment at this time. The requested payment amount is for the actual number of residential units for which the Regional Transportation Impact Fee (TIP) has been paid at the time of issuance of a building permit. Based on the saving in other originally approved improvement and improvement incidental items, the requested TIP is approved for payment John Stinson/Marian Shaw July 7,2005 Page Three in the full amount, which exceeds the per-dwelling-unit amount approved in the Final Engineer's Report for AD 03-3, leaving a sufficient amount ($160,381.00) for payment of TIF for the remaining residential units in Tract No. 6185 (73 dwelling units) at the originally approved rate per the AD 03 -3 Final Engineer's Report ($2,197.00). Based on the findings described above and in accordance with the Application No.1, it is the recommendation of our analysis that $445,497. 00 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~ 1 request for the improvements and fees in the Brighton Place II Area of AD 03-3. 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: Steve DeBranch Judy KindigIRoger McIntosh Tabatha Russell/Anna Kelleher Laura Whitaker TABLE 1 ITEMIZED IMPROVEMENTS AND ACQUISITION COSTS APPROVED FOR PAYMENT NO.1 IN BRIGHTON PLACE II AREA OF CITY OF BAKERSFIELD ASSESSMENT DISTRICT NO. 03-3 Item Item Description ENGINEER'S REPORT ESTIMATE Unit Total Quantity Units Cost Cost REQUESTED FOR PAYMENT Unit Total Quantity Units Cost Cost A. TRACT NO. 6185 (Traffic Signal and Fees) a. STREET IMPROVEMENTS Traffic Signal at Jewella Ave, & Milverton Wy 1 1 EA 120000,00 TOTAL STREET IMPROVEMENTS b. MISCELLANEOUS IMPROVEMENTS Block Wall 1- 0 LF 0,00 TOTAL MISCELLANEOUS IMPROVEMENTS c, FEES Water Availability Fee 36,09 AC 2000,00 Regional Transportation Impact Fee 177 DU 2197,00 TOTAL FEES d, SUBTOTAL IMPROVEMENT COST e, CONSTRUCTION CONTINGENCY f, SUBTOTAL IMPROVEMENT COST AND CONTINGENCY g. INCIDENTAL COST Design Engineering Improvement Bonds Construction Staking Soils and Materials Testing and Report Contractor Supervision and Overhead Bid Documents Plan Check and Inspection Fees Construction Inspection Fees TOTAL INCIDENTAL COST h. TOTAL TRACT NO. 6185 (Traffic Signal and Fees) IMPROVEMENTS, CONTINGENCY, AND INCiDENTALS $120,000.00 I I $120,000.00 1.00 EA 106361,00 $106,361,0011 $106,361.00 $0,0011 $0.00 0.00 LF 0,00 $0,00 I 1 $0.00 $72,180,00 $388,869.00 $461,049.00 $581,049.00 $0,00 $581,049.00 41,09 AC 2000.00 $82,180,00 104 DU 2346,00 $243,984,00 $326,164.00 $432,525.00 $0.00 $432,525.00 $7,200,00 $4,860,00 $4,800,00 $3,600,00 $0,00 $0,00 $2,846,00 $3,600.00 $26,906.00 $607,955.00 $6,844,00 $0.00 $2,136.00 $0.00 $0.00 $0,00 $2,437,00 $1,555,00 $12,972.00 $445,497.00 B. TOTAL BRIGHTON PLACE II AREA IMPROVEMENT COST (Item A) a, IMPROVEMENTS b. CONTINGENCY c, INCIDENTALS d, TOTAL BRIGHTON PLACE II AREA IMPROVEMENT COST $581,049.00 $0,00 $26,906,00 $607,955,00 $432,525,00 $0,00 $12,972,00 $445,497,00 C. 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 Brighton Place II Area of Assessment District No. 03"3) $106,361,00 ! $106,361.00 $0,001 $0.00 $82,180,00 $243,984,00 $326,164.00 $432,525.00 $0.00 $432,525.00 2 $6,844,00 $0,00 $2,136,00 $0,00 $0,00 $0.00 $2,437,00 $1,555,00 $12,972.00 $445,497.00 $432,525,00 $0,00 $12,972,00 $445,497.00 $607,955.00 $445,497.00 $162,458.00 NOTES: 1. Items funded in the' 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 Mcintosh & Associates, 2, Item requested and approved for "partial" payment at this time. The requested payment amount is for the actual number of residential units for which the Regional Transportation Impact Fee (TIF) has been paid at the time of issuance of a building permit. Based on the savings in other originally approved improvement and improvemenl incidental items, the requested TIF is approved for payment in the full amount, which exceeds the per-dwelling-unit amount approved in the Final Engineer's Report for AD 03-3, leaving a sufficient amount ($160,381,00) for payment of T1F for the remaining residential units in Tract No, 6185 (73 dwelling units) at the originally approved rate per the AD 03-3 Final Engineer's Report ($2,197,00). 29655B-1WK4 07/07/2005 I EXHIBIT "A" REVISED APPLICATION AND CERTIFICATE FOR PAYMENT TO: (OWNER) Castle & Cooke California, Inc. PROJECT: 10000 Stockdale Highway Bakersfield, CA 93311 ATIENTION: Marian Shaw City of Bakersfield 1501 Truxtun Avenue Bakersfield. CA 93301 CONTRACTOR: Assessment District 03-3 Brighton Place IT Area ÙTIprovements Tract No, 6185 PROCESS DATE: 6/16/2005 Castle & Cooke California, Inc. 10000 Stockdale Highway Bakersfield, CA 93311 PROJECT NO: 6800.48 (11) 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-II-C, for Brighton Place II Area Improvements: A. TRACT No. 6185 (Traffic Signal and Fees) a. Street Improvements $106,361.00 b. Miscellaneous Improvements $ 00.00 c. Fees $326,164.00 d. Subtotal Improvement Cost $432,525.00 e. Construction Contingency $ 00.00 f. Sub-Total Improvement Cost & Contingency $432,525.00 g. Incidental Cost $ 12.972.00 h. Total Tract No, 6185 (Traffic Signal and Fees) Improvements, Contingency, and Incidentals $445,497.00 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. observations and the data The Engineer certifies to '. progressed to the point i knowledge, infonnatio ' is in accordance with t¡f Contractor is entitled to: '. 445,497.00 differs from the Date: ,,,.. Z/3 -0 ç 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 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 SrOCKDALE HIGHWAY BAKERSFIELD, CA 93311 £(U(JQ ltl~ LA WI-IIT AKER- V PRESIDENT ~(Q)[PW STREET PERMIT ISSUED BY THE DIRECTOR OF PUBLIC WORKS CITY OF BAKERSFIELD p~UC WORKS DEP ARrMENT 1501 1RUXIUN AVE BAlÇ.ERSFlElD CA 93301 (661) 326-3'049 InSpections Application Number Propetty Addt"es's' .. Application type description Owner ' OS-20~241~5 Date UNRNO¡.iN·ADDRESS PUBLIC WORKS - STREET PERMIT 6/29/05 Contractor , 'BÉLLAGIO HOMEOWNERS'ASSOC 2J.31 G ST' -BAlCERSIi'IELD BAKERSFIELD CA 933DJ. ( 66) 327-044,0 CASTLB & COOIG: CALIPoiUUA INC' POBOX'llî65 . SAlŒR~FIELD: CA ~3389 (661) 664-6500 _N__~_~_--__________________________________V___W____________________.___M__ Permit " . . . Aaditional deec . Phone Accesl Code _ Permit Fee Issue Date Bxpiration Date . STRBET PERMIT 398008 .00 6/29/05 8/29/05 Valuation o Qty Unit Charge Per :LOO .CODO EI\ PW STREET PERMIT FEB ElCteosion .00 ~---------------------------------------------------------------------.----- Special Notes and Comments ASSESSMENT DISTlUCT 03-3 - FINAL INSPECTION OF TIm TRJ\FF:IC LIGHT ll'ISUlLLBO UNDER ASSESSMENT DISTRICt' Oi-3 TIm TRAFli'IC I.XGHT AT JEWETTA AVE AND MILVER'l'ON WAY WAS COMPúSTED WITll '1'lU\CT 6l9S - NO FEE PERMIT - OK PEa DIINSON .~-----------------'---"-----þ-----------_____________________________J______ Fee oummary Charged Paid Credieed Due ----------------- --------.... ----.......--- .....------- ---------- Permit Fee Total .00 .00 .00 .00 Grand Total .00 .00 .-00 .00 24 HOUR NOT1CE IS REQUIRED FOR ALL INSrEClJONS AND TESTING ApplicllDI is hereby granled permission, subject 10 \he provisions of all City Ordinnnccs applicable \hctClO, Bnd will assume l'C$lonsibilítics farall damages 10 sIrcelS or other property thai ßUly result from !he work pafonued. . ' OPEN CUTTING OF STREETS WIlL. NOT' BE PERMTITED WITHOUT INSPECfOR'S APPROV At. " THIS PERMIT EXl'rRES ON DATE SHOWN ABOVE. FAlt.URE TO COMPLETE WORK AUTHORlZED ON THIS PERMIT BY DATE OF EXPiRA nON MAY RESULT IN ADOmONAI.CÒSTS TO YOU IF 'mE CITY MUST COMPLETE THE WORK. TIME EXTENSION REQUESTS MUST BE APPROVED BY THE CrrY ENGINEER PRIOR TO THE EX1'1RA nON DATE ' Permit Base Fee COVCIS up 10 two inspcclions, Additional inspcctions over two will be deducted from lhe deposit. _Inirlols :=-fJ~/ ~(Q)[}?))f Applicants Signature Approved By: RAUL ROJAS, CITY ENGINE~ . Deputy Additional Terms on the Back RECORDED ATTHE REQUEST OF TlCOR TITlE COMPANY James W. Fitch.z. Assessor- Recorder Kern County Officiall1ecords Recorded al the request of Ticor Title WHEN RECORDED MAIL TO: PATTI 7/30/2004 8:01 AM Castle & Cooke California, Inc. P. O. Box 11165 Bakersfieldf CA 93389 Attention: Carol A. Stringer DOC#: 0204178968 Stat Types: 1 1111111111I1 Fees Taxes Others PAID Contract No. 8276 NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN THAT: 1. The undersigned is the owner of the interest or estate stated below in the property hereinafter described. 2. The f1.!ll name of the undersigned is CASTLE & COOKE CALIFORNIA, INC'f formerly known as Castle & Cooke Homes Californiaf Inc. 3. The full address of the undersigned is 10,000 Stockdale Highway, Bakersfield,CA 93311. 4. The Work of Improvement on the property hereinafter described as completed on July 20f 2004. 5. The name of the contract, if anYf for such work of improvements was LOOP ELECTRIC. 6. The property on which said work of improvement was completed is in the City of Bakersfieldf County of Kern, State of Californiafand is described as follows: Completion of Traffic Signal at Milverton in Tract 6185 Offsites. Signature of Owner: ~4EJOOK~O;t "ß By'; ~, "ß.M.. '- J n e..- Q ., N than D. Meeks, Sr. Vice s. STATE OF CALIFORNIA COUNTY OF KERN NATHAN D. MEEKS, being duly sworn, says that he is the Sr. vice President of CASTLE & COOKE CALIFORNIAf INC., the corporation that executed the foregoing notice as owner of the aforesaid interest or estate in the property therein described; that he makes this verification on behalf of said corporation; that he has read said notice and knows the contents thereoff and that the facts therein stated are true of his own knowledge. 4° ~~ æ.,!~\C~·k.J ' than D. Meeks TO before me ~(Q)[FDW Pages: 1 7.00 0.00 0.00 $7.00 NO.' ADQ3-3 LIABILITY $1 .000.00 FEE $ -0- çmCAGO TITLE INSURANCE COMPANY a corporation, herein called the Company, GUARANTEES THE CITY OF BAKERSFIELD herein called the Assured, against actual loss not exceeding the liability amount stated above which the Assured shall sustain by reason of any incorrectness in the assurances set forth in Schedule A. LIABILITY EXCLUSIONS AND LIMITATIONS 1. No guarantee is given nor liability assumed with respect to the identity of any party named or referred to in Schedule A or with respect to the validity, legal effector priority of any matter shown therein. 2. The Company's liability hereunder shall be limited to the amount of actual loss sustained by the Assured because of reliance upon the assurance herein set forth, but in no event shall the Company 's liability exceed the liability amount set forth above. Dated: April 19, 2005 cmCA~INSURAN~~ By ,',',. ~" , Authorized Signature -, Please note carefully the liability exclusions and limitations and the specific assurances afforded by this guaran- tee. If you wish additional liability, or assurances other than as contained herein, please contact the Company for further information as to the availability and cost. ~(Q)[F2)V Order No. Suarantee .wiability Fee AD03-3 $1,000.00 $0.00 SCHEDULE A Mechanicfs Lien Guarantee 1. NAME OF ASSURED: THE CITY OF BAKERSFIELD 2. DATE OF GUARANTEE: April 19f 2005 f at 7:30 a.m. The assurances referred to on the face page hereof are: Thatf according to those public records which impart constructive notice of matters relating to the title to the land described hereinf there are no, Claims of statutory liens for labor or materials (other than such claims for which a release appears in said records) I or Notices of the pendency of action to foreclose such liensf recorded subsequent to 7/30/04 f which purports to affect said said land, other than those shown below under Exceptions. The land referred to in this guarantee is described:as follows: SEE EXHIBIT "A" ATTACHED HERETO EXCEPTIONS: NONE (C(Q)[P)W EXHIBIT "A" ASSESSMENT DISTRICT NO. 03-3 LEGAL DESCRIPTION BEING ALL THAT PORTION OF THE SOUTHEAST QUARTER OF SECTION 36, TOWNSHIP 29 SOUTH, RANGE 26 EAST, M.D.M., CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTERLINE INTERSECTION OF JEWETTA AVENUE AND MILVERTON WAY AS SHOWN ON TRACT NO. 6185 - UNIT 1, FILED IN MAP BOOK 51, AT PAGE 22, IN THE OFFICE OF THE KERN COUNTY RECORDER; THENCE SOUTH 34°59'23" EAST, ALONG THE CENTERLINE OF MILVERTON WAY, A DISTANCE OF 63.20 FEET TO THE POINT OF BEGINNING; THENCE ALONG THE FOLLOWING THIRTEEN (13) COURSES: 1) DEPARTING SAID CENTERLINE. SOUTH 55°00'37" WEST, A DISTANCE OF 33.50 FEET; THENCE 2) NORTH 79°11'30" WEST, A DISTANCE OF 26.30 FEET TO THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE NORTHWESTERLY, HAVING A RAD1US OF 2,045.00 FEET, FROM WHICH POINT A RADIAL LINE BEARS NORTH 33°32'14" WEST; THENCE 3) SOUTHWESTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 00°08'23", AN ARC DISTANCE OF 4.99 FEET; THENCE 4) NORTH 33°23'50" WEST, A DISTANCE OF 90.00 FEET TO THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 1,955.00 .FEET. FROM WHICH POINT A RADIAL LINE BEARS NORTH 33°23'51" WEST; THENCE 5) NORTHEASTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 00°10'02", AN ARC DISTANCE OF 5.72 FEET; THENCE 6) NORTH 10°51'40" EAST, A DISTANCE OF 28.24 FEET; THENCE ..7) NORTH 54°58'37" EAST, A DISTANCE OF 56.67 FEET; THENCE 8) SOUTH 80°50'27" EAST, A DISTANCE OF 28.29 FEET TO THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 1,955.00 FEET, FROM WHICH POINT A RADIAL LINE BEARS NORTH 36°24'53" WEST; THENCE 9) NORTHEASTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 00°10'03", AN ARC DISTANCE OF 5.71 FEET; THENCE 10) SOUTH 36°34'57" EAST, A DISTANCE OF 90.00 FEET - TO THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 2,045.00 FEET. FROM WHICH POINT A RADIAL LINE BEARS NORTH 36°34'56" WEST; THENCE 11 ) SOUTHWESTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 00°08'24", AN ARC DISTANCE OF 5.00 FEET; THENCE 12) SOUTH 09°12'43" WEST, A DISTANCE OF 26.30 FEET; THENCE 13) SOUTH 55°00'37" WEST, A DISTANCE OF 33.50 FEET TO THE POINT OF BEGINNING, (C(Q)[J2t11 CONTAINING 13,123 SQUARE FEET, MORE OR LESS. MciNTOSH & ASSOCIATES 2001 Wheelan Court Bakersfield, CA 93309 (661) 834-4814 Q:\PROJECTS\683137\LEGALS\ASSESS03-3.DOC 4/28/2005 JLM STREET PERMIT ISSUED BYTHE DIRECTOR OF PUBLIC WORKS ' , CITY OF BAKERSFIELD PUBLIC WORKS DEPARTMENT 1501 llUixTUN A VÈ BAKERSFIELD CA 93301 (661) 326-3049 Inspections ('R' .' J: ··IGiNA, L , ,YL.., ". ." -. ., Application Number PropEl,rty, Addres§l , . Application type description 05-20024155 Date UNK:NOWNAbDRESS . PUBLIC WORKS - STREET PERMIT 6/29/05 Owner' " Contractor , ,·:BELIAGIO HOMEOWNERS~ASSOC 2131 ~ ST.. BAKERSFIELD 'BAKERSFIELD CA93301, ( 66)~27-0440 CAsTLE & COOKECALIFORNIAINC POBOX 11165 BAKERSFI~LD CA 93389 . (661) '66,4-6500 .. -------~--~----~-------------------~-~--~--~------------------------~-~-----~ Permit . . . . . Additional desc . Phone Access Code Permit Fee Issue Date Expiration Date : STREET PERMIT· 398008 .00 , 6/29/05 8/28/05 Valuation o \-.'." Qty Unit Charge Per 1.00 .0000 EA PW STREET PERMIT FEE Extension .00 Special Notes and Comments ASSESSMENT DISTRICT 03-3 - FINAL INSPECTION OF THE TRAFFIC LIGHT INSTALLED UNDER ASSESSMENT DISTRICT 03-3 THE TRAFFIC LIGHT AT JEWETTA AVE AND MILVERTON WAY WAS COMPLETED WITH' TRACT 6185 - NO FEE PERMIT - OK PER . DANSON Fee summary Charged Paid Credited Due ----------------- ---------- ---------- ---------- ---------- Permit Fee Total .00 .00 .00 .00 Grand Total .00 .00 .00 .00 24 HOUR NOTICE IS REQUIRED FOR ALL INSPECTIONS AND TESTING 'pplicant is hereby granted pennission, subject to the provisions of all City Ordinances applicable thereto, and will assume responsibilities for all damages to streets or other )roperty that may result from the work perfonned. " :>PEN CU1TING OF STREETS WILL NOT BE PERMnTED WITHOUT INSPECroR'S APPROVAL. , ....., inspections, Additional inspections over two wì11 be deducted from the d BY DATE OF EXPIRATION MAY RESULT BE APP.ROVED BY THE CITY ENGINEER nns PERMIT EXPIRES ON DATE SHOWN ABOVE. FAILURE TO COMPLETE WORK AUTHORIZED 0 IN ADDmONAL COSTS TO YOU IF THE CITY MUST COMPLEfE THE WORK. TIME EXTENSION Q PRIOR TO THE EXPIRATION DATE. Approved By: RAUL ROJAS, CITY ENGINEER . . -..-. . -' - - - '. f Deputy A '¡'¡¡"¡ongl Tørml1 nn thø R~..1c All necessary grading, backfilling, resurfacing and cleanup is to be done by the applicant. . ~ "0 ." " Traffic control must cOl}form to State ofCalifomiåand'Cal Ti-arts standards., , ' ' \ ~ ;~'¡ \ :~.~ :. ""." ",.", , ' . -,' If the trench~otè~~atiÖri''i§ five feet or deeper,~pplicantshall, at applicant's sole cost, èòIjtpl:ywiihall of the requirements of Municipal, State, Federal authorities now in force, or which may her~after be in force~inc1uding all provisions and regulations of the Labor Code of the State of California. Applicant shall be responsible for obtaining the required permits from Municipal, State and Federal Authorities, PRIOR to proceeding with any of the work. In consideration of granting this permit, applicant shall indemnify, defend, and hold harmless CITY, its officers, agents and employees against any and all liability, claims; actions, cãuses of action or demands whatsoever against them, or any of them, before administrative or judicial tribunals of any kind whatsoever, arising out of, connected with, or caused by applicant, applicant's employees, agents, independent contractors, companies, or subcontractors in the performance of, or in any way arising from, the terms and provisions of this permit whether or not caused in part by a party indemnified hereunder, except for CITY's sole active negligence or willful misconduct. r d and acknowledge the above. . ant's Initials ....#.... ," " ..~ ~ '., : . i ...., Dat.Finaled:/' ð" Y9""'=~NO.OfInsP.1 P ..,'~,',.,.,,'.......~,".,"".""','.., .... ~. fu~oo' _ ' . MclNTOSH ASSOCIATES Land Surveying Civil Engineering Pr"lotogrammetry C; P S I a n Il n g Environmentoi Landscape Design Petroleum Engineering 661-834-4814 Fax 661 - 834 - 0972 2001 Wheelan Court bakersfield, CA 93309 www.mclntoshassoc.com mcengr@mcintoshassoc,com . June 29, 2005 Marian Shaw City of Bakersfield Public Works Department 1501 Truxtun Ave. Bakersfield, CA 93301 RE: Assessment District No. 03-3 Tract No. 6185 (Traffic Signal and Fees) Dear Marian, Incidental costs that will not be requested in the future for the above referenced area are Improvement Bonds and Soils and Materials Testing and Report. No other Street Improvements will be requested either. Also, please note that the invoices from McIntosh & Associates and the check request for Traffic Signal Plan Check Fees and Inspection Fees, has Tract 6127 referenced instead of Tract 6185 which is being funded by Assessment District 03-3. The traffic signal improvement design, staking and construction inspection at Jewetta Ave. and Milverton Way, were setup in our job/ computer system under Tract 6127 and was tracked this way for billing purposes only. The acreage quantity on our Billables Sheet for the Water Availability Fees has also been changed to actual which then adjusted the payment request to the new amount of $445,497.00 (a reduction of $0.18). A new Exhibit A and Billables Sheet are enclosed, with a revised Application and Certificate for Payment. b ittal for approval and payment, s r comments. g Mcl ntosh & Associates RAM/jk cc: Laura Whitaker/Tabatha Russell Ed Wilson/Dejan Pavic EXHIBIT "A" REVISED APPLICATION AND CERTIFICATE FOR PAYMENT TO: (OWNER) Castle & Cooke California, Inc. PROJECT: 1 0000 Stockdale Highway Bakersfield, CA 93311 Assessment District 03-3 Brighton Place II Area hnprovements Tract No, 6185 PROCESS DATE: 6/16/2005 ATTENTION: Marian Shaw City of Bakersfield 1501 Truxtun Avenue Bakersfield. CA 93301 CONTRACTOR: Castle & Cooke California, Inc. 10000 Stockdale Highway Bakersfield, CA 93311 PROJECT NO: 6800.48 (11) 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-II-C, for Brighton Place II Area Improvements: A. TRACT No. 6185 (Traffic Signal and Fees) a. Street Improvements $106,361.00 b. Miscellaneous Improvements $ 00.00 c. Fees $326,164.00 d. Subtotal Improvement Cost $432,525.00 e. Construction Contingency $ 00.00 f. Sub-Total Improvement Cost & Contingency $432,525.00 g. Incidental Cost $ 12.972.00 h. Total Tract No. 6185 (Traffic Signal and Fees) Improvements, Contingency, and Incidentals $445,497.00 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. In accordance with the Cont observations and the data The Engineer certifies to progressed to the point i knowledge, infonnatio is in accordance with t Contractor is entitled t 445,497.00 differs from the Date: '...2-&-0' 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 CER,TIFICATION 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 ofthis claims are just and legal; that there is due the undersigned the amount shown hereon. CASTLE & COOKE CALIFORNIA, INC. 10000 STOCKDALE HIGHWAY BAKERSFIELD, CA 93311 £(Utt)O tP ItftIi«- LA WHITAKER-V RESIDENT EXHIBIT B TABLE B-II-C ENGINEER'S REPORT CITY OF BAKERSFIELD ASSESSMENT DISTRICT NO. 03-3 ENGINEER'S ITEMIZED ESTIMATE OF IMPROVEMENT ACQUISITION COST Item Item Description A. TRACT NO. 6185 (Traffic Signal and Fees) EXTENSIONS, $ Estimate Actual Difference a.STREETIMPROVEMENTS Traffic Signal at Jewetta Ave. & Milverton Wy TOTAL STREET IMPROVEMENTS c. FEES Water Availability Fees Regional Transportation Impact Fee TOTAL FEES 41.09 104 106361,00 120,000.00 106,361.00 13,639,00 120.000.00 106,361.00 13,639.00 0.00 0,00 0.00 0.00 0.00 0.00 2000,00 72,180,00 82,180.00 -10,000.00 2346.00 388,869.00 243,984.00 144,885.00 461,049.00 326,164.00 134,885.00 581,049.00 432,525.00 148,524.00 0.00 0.00 +0.00 581,049.00 432,525.00 +148,524.00 7,200.00 6,844.00 +356.00 4,860.00 +4,860,00 4,800.00 2,136.00 +2,664.00 3,600.00 +3,600.00 0.00 +0.00 2,846.00 2,437.00 +409.00 3,600.00 1,555.00 +2,045.00 26,906.00 12,972.00 +13,934.00 607,955.00 445,497.00 162,458.00 b. MISCELLANEOUS IMPROVEMENTS Block Wall TOTAL MISCELLANEOUS IMPROVEMENTS d.SUBTOTALFRONTAGEIMPROVEMENTCOST e. CONSTRUCTION CONTINGENCY f. SUBTOTAL IMPROVEMENT COST AND CONTINGENCY g. INCIDENTAL COST Design Engineering Improvement Bonds Construction Staking Soils and Materials Testing and Report Contractor Overhead Plan Check Fees Construction Inspection TOTAL INCIDENTAL COST h. TOTAL TRACT NO. 6185 (Traffic Signal and Fees) IMPROVEMENTS, CONTINGENCY, AND INCIDENTALS 6/28/2005 B-II-C-1 File: Tract6185.XLS: Tract6185 CASTLE & COOK!:: CALIFORNIA, INC. ASSESSMENT DISTRICT 03-3 BILLABLES Item I Item Description A. TRACT NO. 6185 (Traffic Signal and Fees) BRIGHTON PLACE II AREA (TRACT 6185) IMPROVEMENTS TO BE ACQUIRED QUANTITY UNIT PRICE, $ Estimate Actual Difference Estimate Actual Difference EXTENSIONS, $ Estimate Actual Difference a.STREETIMPROVEMENTS Traffic Signal at Jewetta Ave. & Milverton Wy TOTAL STREET IMPROVEMENTS * Inv# 3406,3450,3463 EA o 120000.00 106361.00 13639.00 120,000.00 106,361.00 120,000.00 106,361.00 0 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 -5 2000.00 2000.00 0.00 72,180.00 82,180.00 -10,000.00 CityofBkrsfld 7/15/2004 73 2197.00 2346.00 -149.00 388,869.00 243,984,00 144,885.00 CityofBkrsfld ^ 461.049.00 326.164.00 134,885.00 581,049.00 432,525.00 148,524.00 0.00 0.00 +0.00 581,049.00 432,525.00 +148,524.00 b. MISCELLANEOUS IMPROVEMENTS Block Wall TOTAL MISCELLANEOUS IMPROVEMENTS LF o c. FEES Water Availability Fees Regional Transportation Impact Fee TOTAL FEES ^ See enclosed 104 building permits AC DU 36.09 177 41.09 104 d.SUBTOTALFRONTAGEIMPROVEMENTCOST e. CONSTRUCTION CONTINGENCY f. SUBTOTAL IMPROVEMENT COST AND CONTINGENCY g. INCIDENTAL COST Design Engineering Improvement Bonds Construction Staking Soils and Materials Testing and Report Contractor Overhead Plan Check Fees Construction Inspection TOTAL INCIDENTAL COST * Inv#'s 75434,77234,76818 7,200.00 4,860.00 4,800.00 3,600.00 0.00 2,846.00 3,600.00 26,906.00 h. TOTAL TRACT NO. 6185 (Traffic Signal and Fees) IMPROVEMENTS, CONTINGENCY, AND INCIDENTALS Mcl NTOSH & ASSOCIATES, Civil Engineers land Surveyorsf 2001 Wheelan Court, Bakersfieldf California 93309 Page 1 of 1 6,844.00 2,136.00 2,437.00 1,555.00 12.972.00 13,639.00 LoopElectric 13,639.00 +356.00 Mclntosh&As 71372 +4,860.00 +2,664.00 Mclntosh&As 76368 +3,600.00 +0.00 +409.00 CityofBkrsfld 10/17/2003 +2,045.00 Mclntosh&As +13,934.00 607,955.00 445,497.00 162,458.00 File: Tract6185J<LS: Tract6185 /"' CITY OF BAKERSFIELD CLAIM VOUCHER .._7 ,I' iJe' 'r No. I certify that this claim is correct and valid, and is a proper charge against the City Agency and account indicated. ~LAIMANT'S NAME AND ADDRESS: t:ASTLE & COOKE CALIFORNIA, INC. 10000 STOCKDALE HWY, SUITE 300 aAKERSFIELD, CA 93311 "TTN: LAURA WHITAKER (AUTHORIZED SIGNATURE OF CITY AGENCY), Date: 10/27/2005 Initials of Preparer: ST CITY DEPARTMENT: Public Works (Including Contract Number if Applicable) )LEASE PROVIDE SHORT EXPLANATION OF PAYMENT: IMPROVEMENTS FOR ASSESSMENT DISTRICT NO. 03-3, BRIGHTON PLACE II Fund DeDt. Base 1 Proiect # Invoice Number Amount Comments on check stub 675 4031 822 8041 KEA618 , $445,497.00 VOUCHER TOTAL $445,497.00 SECTION 72, PENAL CODE Section 72, Presenting False Claims. Every person who with intent to defraud, )resents for allowance or for payment to any state board or officer, or any :ounty, town, city district. ward or village board or officer, authorized to allow )r pay the same if genuine, any false or fraudulent claim, bill, account, voucher, )r Ig, is gull of a felony. FINANCE DEPT. USE ONLY Examined & Approved for Payment Amount G:\eng\SHAREO\Excel\ClaimVouchers\ClaimVoucher,xls3:41 PM