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Wilson & Associates
7600 North Ingram Avenue, Suite 202
Fresno, California 93711
(559) 436-6644
Fax: (559) 436-6646
December 4, 2006
29709B
John Stinson / Marian Shaw
Public Works Department
City of Bakersfield
150 I Truxtun Avenue
Bakersfield, CA 93301
Re: City of Bakersfield Assessment District No. 03-1;
Silver Creek II Area Acquisition Payment Processing No. 1
Dear John and Marian:
Wilson & Associates has finished our review process of the payment request for the Improvements
completed in the Silver Creek II Area of Assessment District No. 03-1 ("AD 03-1 "), based on
Volume I of the payment request dated October 25,2006 (the "Application No. I"), submitted by
McIntosh & Associates on behalf of Castle & Cooke (the "Applicant"). This letter and
recommendation for payment pertain to all improvements in the Silver Creek II Area (described
in Exhibit B, Table B-II-C of the Final Engineer's Report for AD 03-1).
After reviewing said Application No.1, we have come to the below-described conclusions and
recommendations regarding this Acquisition Payment for the improvements in the Silver Creek II
Area of AD 03-1. Enclosed with this letter is a table entitled "Table 1, Itemized Improvements and
Acquisition Costs Approved for Payment No. 1 in Silver Creek II Area, City of Bakersfield
Assessment District No. 03-1" ("Table 1") 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 03-1 Engineer's Report (which is the acquisition amount funded by the AD 03-1
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 I 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 03-1 Acquisition Price under Payment No. 1 for the Silver
Creek II Area. Also enclosed are: (i) a copy of the Applicant's "Application and Certificate for
Payment" form, (ii) a copy of Ticor Title "Mechanic's Lien Guarantee," and (iii) copies of City-
issued Notices of Completion for Phases 1,2,4, and 5 of Tract No. 6166 (note: Phases 3 and 6 of
Tract No. 6166 do not front on either Ashe Road or Panama Lane, and as such are not relevant to
the AD 03-1 funded improvements in the Silver Creek II Area).
)
John Stinson / Marian Shaw
December 4, 2006
Page Two
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The total Acquisition Price recommended for payment to the Applicant for acquisition of all of the
completed AD 03-1 Silver Creek II Area Improvements per Application No.1 is $152,269.00, all
as itemized on the enclosed Table I and summarized below. The following is a recapitulation of
funds recommended for payment under this Silver Creek II Area Payment No. I:
Improvement Acquisition Item
AD 03-1
Approved
Amount
Amount
Requested
for Payment
Amount
Approved for
Payment No.1
A. ASHE ROAD - WEST SIDE
(Tract No. 6166 Frontage)
a. Miscellaneous Improvements
b. Construction Contingency
c. Incidentals
$ 95,300.00 $
$ 0.00 $
$ 6.195.00$
76,733.00 $
0.00$
13.948.51 $
76,733.00
0.00
8.695.98
d. Total Ashe Road - West Side Improvements $ 101,495.00 $ 90,681.51 $ 85,428.98
B. PANAMA LANE - NORTH SIDE
(Tract No. 6166 Frontage)
a. Miscellaneous Improvements $ 47,675.00 $ 66,062.75 $ 62,587.00
b. Construction Contingency $ 0.00 $ 0.00 $ 0.00
c. Incidentals $ 3.099.00 $ 8.468.93 $ 4.253.02
d. Total Panama Lane-North Side Improvements $ 50,774.00 $ 74,531.68 $ 66,840.02
TOTALS
$ 152,269.00 $ 165,213.19 $ 152,269.00
As also described in the notes on Table 1, the above-summarized amounts are based on the following
findings:
I. Items labeled "1" in Table 1 "Notes" column are described as follows: Based on the savings
in costs of some of the items of work approved in the AD 03-1 Final Engineer's Report, there
are several "new" items of work approved for payment at this time. All of these additional
items of work are items in the same categories of work as the originally approved items, or
are items constructed instead of the originally approved items due to changes in the final
design, or are items labeled separately in the contractors' invoices (as parts of the originally
approved scope of work).
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 Silver Creek II Area), or not approved for payment at this time,
since there are no more originally approved funds available in the Improvement Fund for the
Silver Creek II Area.
)
/
John Stinson / Marian Shaw
December 4, 2006
Page Three
Based on the findings described above and in accordance with the Application No.1, it is the
recommendation of our analysis that $152,269.00 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
all of the completed improvements in the Silver Creek II Area of AD 03-1. After this Silver Creek
II Area Payment No. 1 is completed there will be no more funds available in the original
Improvement Fundfor this portion of AD 03-1.
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
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Enclosures
cc: Scott Blunck
Judy Kindig / Roger McIntosh
Charlie Stevens
Laura Whitaker
TABLE 1
ITEMIZED IMPROVEMENTS AND ACQUISITION COSTS APPROVED FOR PAYMENT NO.1
IN
SILVER CREEK II AREA
CITY OF BAKERSFIELD ASSESSMENT DISTRICT NO. 03-1
ENGINEER'S REPORT ESTIMATE
Unit Total
Cost Cost
Item Quanti Units
A. ASHE ROAD - WEST SIDE (Tract No. 6166 Frontage)
a. MISCELLANEOUS IMPROVEMENTS
Block Wall
Block Wall
Wall Pilasters
Corner Sian Monument
TOTAL MISCELLANEOUS IMPROVEMENTS
b. SUBTOTAL IMPROVEMENT COST
c. CONSTRUCTION CONTINGENCY
d. SUBTOTAL IMPROVEMENT COST AND CONTINGENCY
e. INCIDENTAL COST
Design Engineering
Improvement Bonds
Construction Staking
Soils and Materials Testing and Report
Contractor Supervision and Overhead
Plan Check and Inspection Fees
Construction Insoection Fees
TOTAL INCIDENTAL COST
f. TOTAL ASHE ROAD - WEST SIDE (Tract No. 6166 Frontage)
IMPROVEMENTS, CONTINGENCY, AND INCIDENTALS
REQUESTED FOR PAYMENT
Unit Total
Cost Cost
588 LF 54,80 $32,221,00 $32,221,00
459 LF 55.80 $25,612,00 $25,612.00
58 EA 50,00 $2,900,00 $2,900.00
2 EA 8000.00 $16,000,00 $16,000.00
$76,733.00 $76,733.00
$76,733.00 $76,733.00
$0.00 $0.00
$76,733.00 $76,733.00
$6,756.03 $6,756,03
$906.00 $0,00 2
$1,987.56 $1,939,95 1,2
$2,717,00 $0.00 2
$0.00 $0.00
$1,581,92 $0,00 2
$0,00 $0,00
$13,948.51 $8,695.98
$90,681.51 $85,428.98
1460 LF
° LF
° EA
3 EA
55,00
0,00
0,00
5000,00
$80,300,00
$0,00
$0,00
$15,000,00
$95,300.00
$95,300.00
$0.00
$95,300.00
B. PANAMA LANE - NORTH SIDE (Tract No. 6166 Frontage)
a. MISCELLANEOUS IMPROVEMENTS
$6,195.00
$0,00
$0,00
$0,00
$0.00
$0,00
$0.00
$6,195.00
$101,495.00
Block Wall 685 LF 55,00 $37,675.00
Block Wall 0 LF 0,00 $0,00
Wall Pilasters 0 EA 0,00 $0,00
Corner Sign Monument 2 EA 5000,00 $10,000.00
Signage ° EA 0,00 $0,00
Community 10 Monument Pilasters (Sm) ° EA 0,00 $0,00
Communitv 10 Monument Pilasters (La) 0 EA 0,00 $0,00
TOTAL MISCELLANEOUS IMPROVEMENTS
b. SUBTOTAL IMPROVEMENT COST
c. CONSTRUCTION CONTINGENCY
d. SUBTOTAL IMPROVEMENT COST AND CONTINGENCY
e. INCIDENTAL COST
Design Engineering
Improvement Bonds
Construction Staking
Soils and Materials Testing and Report
Contractor Supervision and Overhead
Plan Check and Inspection Fees
Construction Insoection Fees
TOTAL INCIDENTAL COST
f. TOTAL PANAMA LANE - NORTH SIDE (Tract No. 6166 Frontage)
IMPROVEMENTS, CONTINGENCY, AND INCIDENTALS
885 LF 54,80 $48,498,00
35 LF 55.80 $1,953.00
53 EA 50,00 $2,650,00
1 EA 9486,00 $9,486.00
1 EA 1175,75 $1,175,75
2 EA 350,00 $700,00
2 EA 800,00 $1,600,00
$47,675.00
$47,675.00
$0.00
$47,675.00
$66,062.75
$66,062.75
$0.00
$66,062.75
$3,099,00
$0,00
$0,00
$0,00
$0,00
$0.00
$0,00
$3,099.00
$50,774.00
$4,253,02
$522,00
$1,218.18
$1,567,00
$0,00
$908,73
$0,00
$8,468.93
$74,531.68
a,
b.
c,
d.
C. TOTAL SILVER CREEK II AREA (TRACT NO. 6166) IMPROVEMENT COST
(Add Items A and B)
IMPROVEMENTS
CONTINGENCY
INCIDENTALS
TOTAL SILVER CREEK II AREA (TRACT NO. 6166)
IMPROVEMENT COST
$142,795,75
$0,00
$22,417.44
$165,213.19
$142,975,00
$0,00
$9,294,00
$152,269.00
D. 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 Silver Creek II Area of ~ssessment District No. 03-1)
$48,498.00
$1,953,00
$2,650.00
$9,486,00
$0.00
$0.00
$0.00
$62,587.00
$62,587.00
$0.00
$62,587.00
2
2
2
$4,253,02
$0,00
$0.00
$0.00
$0,00
$0.00
$0.00
$4,253.02
$66,840.02
2
2
2
2
$139,320,00
$0.00
$12,949.00
$152,269.00
$152,269.00
$152,269.00
$0.00
NOTES:
1, Based on the savings in costs of the Items of work approved In the Final Engineer's Report, there are several "new" Items of work approved for payment at this lime,
All of these additional Items of work are Items in the same categories of work as the originally approved Items, or are Items constructed Instead of the originally
approved items due to changes in the final design, or are items labeled separately in the contractors' invoices (as parts of the originally approved scope of work).
2, Items approved for payment at a lesser amount than requested (up to the maximum amount available for payment of all improvements in the Silver Creek II Area),
or not approved for payment at this lime, since there are no more originally approved funds available in the Improvement Fund for the Silver Creek II Area.
29709B-1,WK4
12/4/2006
EXHIBIT "A"
APPLICATION AND CERTIFICATE FOR PAYMENT
TO: (OWNER)
Castle & Cooke California, Inc. PROJECT: Assessment District 03-1
10000 Stockdale Highway Silver Creek II Area
Bakersfield, CA 93311 Improvements To Be Aquired
PROCESS DATE: 10/17/06
ATTENTION:
Marian Shaw
City of Bakersfield
1501 Truxtun Avenue
Bakersfield. CA 9330i
CONTRACTOR: Castle & Cooke California, Inc.
10000 Stockdale Highway
Bakersfield, CA 93311
PROJECT NO: 6800.48 (03-1)
OWNER'S APPLICATION FOR PAYMENT
In accordance with the Acquisition Agreement, application for Payment is made for the following items of work:
Per Exhibit B, Table B-II-C
A. ASHE ROAD - WEST SIDE (Tract No. 6166 Frontage)
a. MISCELLANEOUS IMPROVEMENTS
e. INClpENTAL COSTS
f. Total Ashe Road - West Side (Tract No. 6166 Frontage)
Improvements, Contingency, and Incidentals
$ 76,733.00
$ 13.948.51
$ 90,681.51
B. PANAMA LANE - NORTH SIDE (Tract No. 6166 Frontage)
a. MISCELLANEOUS IMPROVEMENTS $ 66,062.75
e. INCIDENTAL COSTS $ 8,468.93
f. Total Panama Road-North Side(Tract No. 6166 Frontage) $ 74,531.68
Improvements, Contingency, and Incidentals
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 Witll th
observations and the
The Engineercer
progressed to the p
knowledge, informa
is in accordance wi
Contractor is entitled
ate: f6 - /B -(),
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 STOCKDALE HIGHWAY
BAKERSFIELD, CA 93311
1.tA.w\« W~
LAURA WHITAKER-VICE PRESIDENT
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1501 TRUXTUN AVENUe
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un -.nc;y ~¡;ëJöllOWlng __ In said ~ :=' lÞ0v8: ht-of-way and public
I"'JR I wthiñ 'he nght-of-wey.
The ContracfDt~per on~' waø CASl'L1! .. COOK. CALIFORNIA, INC., and
contnlclt number ~ia Ci of Bakerafteld No. ...1.. PI88Ie...rer to laId conhct number ~'1"
2OfN'ftunlcitlOns ø:- to IJkLGOntnIct. addlUl of the undBfllgned agency i. City Hall, 150
Truxtun Avenue. D!!I . cauromia 83301.
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I døc:lere under P.e~at0f Þ8I1ury. under the IIWIt of the State of Callfomis. that the contents herem
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e.ecuted on January 4, 2005, at Bakersfield, Cslffomle.
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CITY OFSAKERSFIELC
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1601 TRUXTUN AVENUe-
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NOTlCEñiiiCIIYEN that work 'MD. ccrnøIe_:ton that certafn,DrDÎeclknown .. T~ .1. PHAI,
2..1or'Jheund ~!f' AUClUST '3. ZOCM, IoCaI8d NCJRTR~OFPANAIIA . AND EM
UIO~===~ aWniitë¡¡r=.ø~restW: =-=-~ r~o¡~~ht-of-~ ='PuT:a:
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connct number ~ at Baktnfleld COn No 11-1 ..,-.... ref8r to ..icf contnlct number O!l JIll
) ~== B ~tt~":~-=301. e ãddrees the undngned agency Is City Hall. 1501
, I rJecIa=... _nallY of ~ry. und,r the lawa of.,. State of Clllffornla. that the contents hentin
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CiTY OF BAKERSFJElO
OIlY CLERK
1501 TRUXTUN AVENUE
BAKERSFIELD. CA Ø3S01
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NOTICE OF COMPLBTION
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ACCEPTANCE 0.. WORK
(Work WIthin P..WIc Rl8fd-of-Way)
NOTICE IS GIVI!N that work was comøl8t8d on that œrtarn project known _ TR...CT NO_ Ii"
PHASE 4. for the undo1lign1!d agency on AUGUST 13, 2004. tocated Wl!aT OF ASHE ROAD AND
NORTH OF PANAMA LANE. and that uidproject was accepted by tme agency on "ebruary., 2008.
The unc:teralgnecr flg8ncy owns the following IntaM8t In ..id prop.ny desorfbed .bov&; right-of-way and
publio Improvements within the rlght-of-way.
) The Contractor on Aid project waa CASTLE & COOKe CALIFORNIA, INC., . CIIIfom'Ia
. Corporal.., and contract number fa CIty of Øalcerwflefd ContnlGt No. 03-1R. P..... refer to SIIrd
contnlct numbel' on 811 communications ..raUng to uid f:lQntrøct ",.. 8ddrea8 of the underalgned lIgençy
Ie City Hlltl, 1501 Truxtun Avenue, Bakerdeld, Clltromta 93301.
f d.cta,. under penalty of peljury. under the laws of the SilIte or CøJtromia. that the contenl$ h.emin
are true and comtct to the beet of my knowtedge.
ExeGUted on Febnlary 4, 2005, 8t Bakersfield. C.lifornla.
CITYOFIIAJŒ~D
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CITY OF IAlŒR8P1ELD
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CITY OF BAKERSFIELD
CITY CLERK
1501 TRUXTUN AVENUE
BAKERSFIELD. CA 93301
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(Work Within PøbUc: Riøht-ot-Way)
NOTICE IS GIVEN that work wn completed on thøt œrtllin project known _ TRACT NO. .,.
PHAllI! I, for the undeF8tøned agency on AUGUaT 13. 2004. located M8T OF ASHE ROAD AND
NORTH 01' PANAMA LANI!. and that laid project was aoœpted by th. agenov on FEBRUARY It 2OOS.
The undersigned agency owns the ralfowlng in....at In lard property deecrtbed above: right-of~W8Y 8nd
public fmprovementl WIthIn the right-of-way.
, The CORtnICtDr on said prlOjact wac CASTLE & COOKI!, end oonlntct number is City of 81k....flekl
) Contnlct No. 03-,..,. Pie... refer to ..Id contnIct number on an communloetiona relating tv aid oontnIcl
The add,.. of the und8NJgnect agency is City Hall. 1501 Tl'UXttln Avenue. 8eker'lllefd. CaUfomIa 03301.
I dedare under øenalty of perjury, under the taws of the State of c.tifomla. that the contents hereIn
ant 1rUe and correct to the best at my lcnoYAedge.
Executed on FEBRUARV 8. 2005, at Baker'l'fteld, Calffomla.
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RAUL ROJAS
Pubtic Worb DireckJr
CITY OF
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CITY OF BAKERSFIELD
CLAIM VOUCHER
IVendor No.
CLAIMANT'S NAME AND ADDRESS:
I certify that this claim is correct and valid, and is a proper
charge against the City Agency and account indicated.
Castle & Cooke California, Inc.
10000 Stockdale Hwy. Suite 300
Bakersfield, CA 93311
Attn: Laura Whitaker
(AUTHORIZED SIGNATURE OF CITY AGENCY)
Date:
12/8/2006
CITY DEPARTMENT:
Initials of Preparer: PS
PLEASE PROVIDE SHORT EXPLANATION OF PAYMENT:
Public Works
(Including Contract Number if Applicable)
Application for payment of improvements for Assessment District No. 03-1
Fund Dept.
Base Ell Obit Project #
Invoice Number
Amount
Comments on check stub
ô. ~ I 4031
822
8041 KEA613
152,269.00
VOUCHER TOTAL
$152,269.00
SECTION 72, PENAL CODE
S~" ,\72, Presenting False Claims, Every person who with intent to defraud,
pre, ,Å for allowance or for payment to any state board or officer, or any
county, town, city district, ward or village board or officer, authorized to allow
or pay the same if genuine, any false or fraudulent claim, bill, account, voucher,
or writing, is guilty of a felony.
FINANCE DEPT. USE ONLY
Examined & Approved for Payment
,
Amount
C:IDocuments and SettingslpsheatslMy DocumentslClaimvouchertemplate112:3B PM