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Home My WebLink AboutPayment 01-2 Southern Oaks #2 .t f f.l. " ~ . - /) BAKERSFIELD PUBLIC WORKS DEPARTMENT MEMORANDUM TO: Paul Sheats, Accountant I FROM: ~rian P. Shaw, Civil Engineer IV DATE: June 14,2007 SUBJECT: ASSESSMENT DISTRICT NO. 01-2 PAYMENT REQUEST Southern Oaks Area Acquisition Payment Processing No.2 ******************************************************************* ) The City has receivëd a written application request from the developer that the improvements referenced on the attachment are complete and have been accepted by the City. Contracts, change orders, paid invoices and other documentation establishing the actual amount paid by the developer, thus establishing the Acquisition Price at actual cost were submitted with Acquisition Payment Processing No. 1. Documents included are Notice of Completion and Acceptance of Work from The City of Bakersfield and Castle & Cooke California, Inc. 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. '01-2, Southern Oaks 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 ). Send $187,075.23 to: Castle & Cooke California Inc. 10000 Stockdale Hwy, Suite 300 Bakersfield, CA 93311 xc: Nelson Smith, Finance Director Bob SherfYf Deputy City Attorney \, ) OI-2reimb2.1.doc prepared Wednesday, June 13,2007 4:43PM " ' Wilson & Associates 7600 North Ingram Avenue, Suite 202 Fresno, California 93711 (559) 436-6644 Fax: (559) 436-6646 June 1, 2007 29586E John Stinson / Marian Shaw Public Works Department City of Bakersfield 1501 Truxtun Avenue Bakersfield, CA 93301 Re: City of Bakersfield Assessment District No. 01-2; Southern Oaks Area Acquisition Payment Processing No.2 Dear John and Marian: Wilson & Associates has finished our review process of the payment request for the Improvements completed in the Southern Oaks Area of Assessment District No. 01-2 ("AD 01-2"), based on the addendum to Volume III of the payment request dated May 7, 2007, submitted by McIntosh & Associates on behalf of Castle & Cooke (the "Applicant"), and the updates received through June 1, 2007 (collectively, the "Application No.2"). This letter and recommendation for payment pertain to a portion of the improvements in the Southern Oaks Area (described in Item C in Exhibit B, Table B-II-F of the Final Engineer's Report for AD 01-2). A separate payment for Items A, B, and D in Table B-II-F has been processed and paid in September/October of2006 (pursuant to Payment No.1 in the Southern Oaks Area of AD 01-2). After reviewing said Application No.2, we have come to the below-described conclusions and recommendations regarding this Acquisition Payment for the improvements in the Southern Oaks Area of AD 01-2. Enclosed with this letter is a table entitled "Table 1, Itemized Improvements and Acquisition Costs Approved for Payment No.2 in Southern Oaks Area, City of Bakersfield Assessment District No. 01-2" ("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-F of the AD 01-2 Engineer's Report (which is the acquisition amount funded by the AD 01-2 proceedings) to the itemized amount paid by the Applicant for each item of work shown in the Application No.2 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 01-2 Acquisition Price under Payment No.2 for the Southern Oaks Area. Also enclosed are: (i) a copy of the Applicant's "Application and Certificate for Payment" form, (ii) a copy of Tic or Title "Mechanic's Lien Guarantee,"(iii) a copy of City-issued Notice of Completion for Phase F of Tract No. 5940 (the only one fronting on Old River Road), and (iv) copies of the Applicant's Notices of Completion for various types of improvements (grading, striping, concrete, and walls) pertaining to various phases of Tract No. 5940. John Stinson / Marian Shaw June 1, 2007 Page Two The total Acquisition Price recommended for payment to the Applicant for acquisition of all of the completed AD 01-2 Southern Oaks Area Improvements per Application No.2 is $187,075.23, all as itemized on the enclosed Table 1 and summarized below. The following is a recapitulation of funds recommended for payment under this Southern Oaks Area Payment No.2: Improvement Acquisition Item AD 01-2 Approved Amount Amount Requested for Payment Amount Approved for Payment No.2 A. CAMPUS PARK DRIVE (Tract No. 5940 - Phases A and B Frontage) * * not a part of this payment request * * B. MOUNTAIN VISTA DRIVE (Tract No. 5940 - Phase B Frontage) * * not a part of this payment request * * C. OLD RIVER ROAD (Tract No. 5940 Frontage) I. Frontage Improvements - Other than Landscaping 1. Grading $ 4,458.00 $ 4,457.00 $ 4,457.00 2. Street Improvements $ 102,142.00 $ 103,494.76 $ 103,494.76 3. Miscellaneous Improvements $ 41,580.00 $ 32,810.18 $ 32,810.18 4. Contingency $ 14,818.00 $ 0.00$ 0.00 5. Incidentals $ 40.656.00 $ 46.313 .29 $ , 46.313.29 6. Subtotal $ 203,654.00 $ 187,075.23 $ 187,075.23 II. Frontage Improvements - Landscaping 1. Landscaping Improvements $ 40,824.00 $ 0.00$ 0.00 2. Contingency $ 4,082.00 $ 0.00$ 0.00 3. Incidentals $ 11.442.00 $ 0.00$ 0.00 4. Subtotal $ 56,348.00 $ 0.00$ 0.00 III. Total Old River Road Improvements $ 260,002.00 $ 187,075.23 $ 187,075.23 D. TRACT NO. 5940 ON-SITE IMPROVEMENTS ** not a part of this payment request ** TOTALS $ 260,002.00 $ 187,075.23 $ 187,075.23 , ' John Stinson / Marian Shaw June 1, 2007 Page Three As also described in the notes on page 2 of Table 1, the above-summarized amounts are based on the following findings: 1. Items labeled "I" in Table I "Notes" column are the items funded in the AD 01-2 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. 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.2 than in the Final Engineer's Report forAD 01-2. 2. An item labeled "2" in Table 1 "Notes" column is described as follows: Based on the savings in costs of some of the items of work approved in the Final Engineer's Report, there is a "new" item of work approved for payment at this time. This additional item of work is an item in the same category of work as the originally approved items or is an item constructed instead of the originally approved items due to changes in the final design. Based on the findings described above and in accordance with the Application No.2, it is the recommendation of our analysis that $187,075.23 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.2 request for the completed improvements in the Southern Oaks Area of AD 01-2. After this Payment No.2 is completed there will be $72,926. 77 left in the improvementfundfor the Southern Oaks Area of AD 01-2, based on the savings in the above-described items in the Old River Road portion of the Southern Oaks Area improvements (Item C of the AD 01-2 Engineer's Report Exhibit B, Table B-II-F). As requested by the Applicant, and as approved by the City Public Works Department, these savings will be used to pay for a portion of the overruns pertaining to the other improvements completed in the Southern Oaks Area, which were previously processed as a part of Payment No. 1 (described on page 1 of this letter). Those overruns were not approvedfor payment as a part of Payment No.1 since at that time information was not available on the total cost of improvements in Old River Road eligible for the AD 01-2 acquisition. Please call if you have any questions on the results of our analysis or the recommendations presented herein for payment of the Acquisition Price. ~~~ Ed Wilson Dejan Pavié Wilson & Associates Enclosures cc: Scott Blunck Judy Kindig / Roger McIntosh Charlie Stevens Laura Whitaker \,.uo 0/24/2007 1:15:23 PM PAGE 2/002 Fax Server - - Post-it~ Fax Note 7671 To WHEN RECORDED MAIL TO: CITY OF BAKERSFIELD CITY CLERK 1501 TRUXTUN AVENUE BAKERSFIELD, CA 93301 - James W. FitChJ\ Assessor- Recorder SABRINA Kern County Official ecords 9/1412008 RICDrdod at tho IlIquesl 01 2;00 PM PUblic DOC#: 0206228449 Slat Types: 1 PaglS: 1 11I111 HI W~II Fees 0.00 Taxes 0.00 Others 0.00 PAID SO.OO Tftl. .coForFleeotdtr'.UMOn¡ NOTICE OF COMPLETION AND ACCEPTANCE OF WORK (Work Within Public Right-ot-Way) NOTICE IS GIVEN that work was cOr11pleted on that certain _rJI'oject known as TRACT 5940 PHASE F for the undersigned agen~y on JUNE 13, 2004, located SOUTH OF CAMPUS PARK DRIVE AND WeST OF OLD RIVER ROAIJ, and that said project was accepted by this agency on AUGUST 31, 2006. The undersigned agency owns the following interest in said propertÿ descnòed above: right-ot-way and public improvements wilf1ln the right-ot-way. The Contractor/Developer on said J:?roject was CASTLE AND COOKE CALIFORNIA INC., and contract number is City of Bakersfield Contract No. 01-294. 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, Bakerslield, California 93301. I declare under penalty of pe~ury, under the laws of the State of California, that the contents herein are true and correct to the best of my knowledge. Executed on August 31, 2006, at Bakersfield, California. /z--- RAUL M. ROJAS Public Works Director Ib O~GROUPD^nC'l1n'''U'lion\N0CI2006'1R S94o.F,~,,, ~ 'òM~~ Q ('l ~ '. "2 '-::. ~ ..) t;:) f)R1GINAl RECEIVED þ'EB -5 2002 S0Fi-R Pages: 1 1/2912002 ---0---8 : 01 : 00 ___h' James Maplf3s.Assessor-Recorder Kern County Offioial Reoords '-----wHBN-RE-œRÐBÐ-+1Aß--!FG+--···~-~-_··· ---------Ð-G-t--\JM-E-N-l'-#-:-O-2'O-2-0.!35lt5------- CASTLE & COOKE CALIFORNIA, INC. P. O. BOX 11165 BAKERSFIELD, CA 93389 ATTEN: CAROL A. STRINGER IIII UIIIBnlll~ _0202013545_ Fees... . Taxes. . . Other. . . TOTAL PAID. . 7.00 7.00' Contract No. 7289 NOTICE OF COMPLETION Stat. Types:l 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 fun. name of the undersigned is CASTLE & COOKE CALIFORNIA, INC., formerly known as Castle & Cooke Homes California, Inc. 3. The full address' of 'the undersigned is· 10,000 Stockdale Highway, Bakersfield, CA. ' ' '. 4. The Work of Improvement on the p~operty hereinafter described as completed on January 24, 2002. , . 5. The name of the contractor, if any, for such work of improvements was BOONE CONSTRUCTION. " 6. The property on which said work of improvement was completed is in the City of Bakersf1eld, County of Kern, State of California, and is described as follows:' . . Completion of Grading in Tract 5940 Phases A thru F. ) . , Signature of Owner: CASTLE & COOKE CALIFORNI~, INC. B;~'t~ W~êA au a 1 a er, V1ce r S10enc DATED: January 25, 2002 STATE OF CALIFORNIA COUNTY OF KERN LAURA WHITAKER being duly sworn, says that she is the Vice President of CASTLE & COOKE CALIFORNIA, INC., the corporation that executed the foregoing notice as owner of the aforesaid interest or estate in the property therein aescribed; that she makes'this verification on behalf of said corporation; that she has read said notice and knows the contents thereof, and that the facts therein stated are true of hèr own knowledgf3. '~... ... ~QW\a WMulQ,A... Laura' n;'CaKer ë, ~;~:~~,~,~ ~ a4re1 , . ' ~\ I ~r:"<'" !. f\t ~\.~. ) J · ..:. L~ t:~ i \-l i:. tJ James W. Fitch.z. Assessor- Recorder Kern County Official necords Recorded a1the request of Ticor Title \¡;P 15 2006 TELFORDT 8/10/2006 8:01 AM DOC#: 0206196054 Stat Types: 1 WHEN RECORDED MAIL TO: Castle & Cooke California, Inc. P. O. Box 1.1.1.65 Bakersfield, CA 93389 Attention: Carol A. Stringer I 11I11II111I1111111 Fees Taxes Others PAID Contract No. 6004697 NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN THAT: 1.. The undersigned is t!e owner of the interest or estate stated below in the property hereinafter described. 2. The full name of the undersigned is CASTLE & COOKE CALIFORNIA, INC. 3. The full address of the undersigned is 1.0,000 ~tockdale Highway, Bakersfield, CA 9331.1.. 4. The Work of Improvement on the property hereinafter described as completed on August 4, 2006. 5. The name of the contractorf if any, for such work of improvements was T.~. WHITTONf INC. 6. The property on which said work of improvement was completed is in the City of Bakersfield, County of Kernf State of California, and is described as follows: Completion of Pavement Striping at Old River Road in Tract 5940. Signature of Owner: :Z-7t~A' "Scot t S . Blunck INC. August 7, 2006 Verification for NON-INDIVIDUAL owner. I, the undersigned, declare under penalty or perjury under the laws of the State of California that I am the Vice President of the aforesaid interest or estate in the property described in the above notice; that I have read the said note, that I know and understand the contents thereof, and that the facts stated therein are true and correct. August 7, 2006f Bakersfield, CA k£.~ 'Scott S. Blunck Pages: 1 7.00 0.00 0.00 $7.00 This insÌíumem Hieo !Ut n\;"u~ U! ,.. "m"rj('~n Titie CQínp3,ny as d~ I'.. v.."o. \. ¡.. 'no' "1;";) r.!nlTIodat¡on only. t ¡;,as '.u ':. . <ltCv,: . d ~ t" 'ItA evecutmn no! to ItS eKaml!le 2;:, v :> _.. , , efiect upon title. WHEN RECORDED MAIL TO: ,,, . ;"f' "'l~' ¡: N'\"~!"\~tl\ Ai'ill::.i-<ll.;Í"I''.J ì ¡ L.. \.iV'j,}"Ii r¡ î Castle & Cooke California, Inc. P. O. Box 11165 Bakersfield, CA 93389 Attention: Carol A. Stringer Contract No. 7437 James Fitch, Assessor- Recorder, Kern County Official Records Recorded at the request of American Title PATTI 5/0512003 8:01 AM DOC#: 0203087085 Stat Types: 1 11111111111I111111II Fees Taxes Others PAID NOTICE OF COMPL~TION 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 full name of the undersigned is CASTLE & COOKE CALIFORNIA, INC., formerly known as Castle & Cooke Homes California, 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 April 18, 2003. 5: The name of the contract, if any, for. such work of improvements was BAKERSFIELD CONCRETE & CONSTRUCTION. 6. The property on which said work of improvement was completed is in the City of Bakersfield, County of Kern, State of California, and is described as follows: Completion of Concrete in Tract 5940 Phases A and B. Signature of Owner: STATE OF CALIFORNIA COUNTY OF KERN CASTLE & COOKE CALIFORNIA, INC. ~' hdJI ~ ' , &'. .. By f a...t.Ù\t{ W . ø,... ,'" , Laura Whitaker, Vice President LAURA WHITAKER, being duly sworn, says that she is the Vice President of CASTLE & COOKE CALIFORNIA, INC., the corporation that executed the foregoing notice as owner of the aforesaid interest or estate in the property therein described; that she makes this verification on behalf of said corporation; that she has read said notice and knows the contents thereof, and that the facts therein stated are true of her own knowledge. TO before me ~ $ . ,~¡afl, t:t.LV\~ W Jt.¡ý ~~ Laura Whitaker ~"""'-'''~..:;-,-.,,-;o'''_~~ ¡oj CAROL A. STRiNGER. ~ f1] COMM. #'1288489 i,\í NOWlY PUBLIC, CALIFORNIA ¡¡j (Q , KERN COUNTY &1 \1' . My Comm. Exp, Jan 2i . 2005 ¡.¡ t.J;:;;c:;~~~.................",,,;,,,;~;lõ:'~~_ Pages: 1 7.00 0.00 0.00 $7.00 This instrument filed for RP.Clltd by American Title Company as an acco!llmodatio~ only. It has not been' exammed as 10 Its execution nor to its . effect upon title. WHEN RECORDED MAIL TO: AWiŒICAN TITLE COMPANY Castle & Cooke California, Inc. P. O. Box 11165 Bakersfield, CA 93389 Attention: Carol A. Stringer Contract No. 7487 r " James Fitch, Assessor- Recorder PATTI Kern County Official Records 5/0812003 Recolded at the mu8t1 01 8:01 AM American Title ooc#: 0203088223 Slat TYPIl8: 1 Pages: 1 111~m n~ll~m II Fees 7.UO Taxes 0.00 Others 0.00 PAID $1.00 NOTICE OF COMPLETION NOTICB IS HEREBY GIVEN THAT: 1. The undersigned is the owner of the interest or estate stated below in the property hereinafter described. 2. The full name of the undersigned is CASTLE & COOKE CALIFORNIA, INC., formerly known as Castle & Cooke Homes California, 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 April 18, 2003. 5. The name of the contract, ,if any, for such work of improvements was C & F MASONRY. 6. The property on which said work of improvement was completed is in the City of Bakersfield, County of Kern, State of California, and is described as follows: Completion of Walls in Tract 5940 Phases C thru F. Signature of Owner: CASTLE & COOKE CALIFORNIA, INC. BY~ W~ Laura Whitaker, Vice President STATE OF CALIFORNIA ) COUNTY OF KERN ) LAURA WHITAKER, being duly sworn, says that she is the Vice President of CASTLE & COOKE CALIFORNIA, INC., the corporation that executed the foregoing notice as owner of the aforesaid interest or estate in the property therein described; that she makes this verification on behalf of said corporation; that she has read said notice and knows the contents thereof, and that the facts therein stated are true of her own knowledge. SUBSCRIBED AND SWORN TO before me O~~';j'c~ Laura Whitaker CITY OF BAKERSFIELD CLAIM VOUCHER Vendor No. CLAIMANT'S NAME AND ADDRESS: I certify that this claim is correct and valid, and is a proper charge against the City Agency and account indicated. CASTLE & COOKE CALIFORNIA, INC. ATTN: LAURA WHITAKER 10000 STOCKDALE HWY., SUITE 300 BAKERSFIELD, CA 93311 (AUTHORIZED SIGNATURE OF CITY AGENCY) Date: ¿ -1'1--'7 6/.1.iÆð07 Initials of Preparer: PS CITY DEPARTMENT: PLEASE PROVIDE SHORT EXPLANATION OF PAYMENT: Public Works (Including Contract Number if Applicable) IMPROVEMENTS FOR ASSESSMENT DISTRICT NO. 01-2 SOUTHERN OAKS AREA ACQUISITION PAYMENT PROCESSING NO.2 Fund Dept. Base Ell Obit Proiect # Ao DI-2.-- ~~6'f2N Invoice Number Amount .- : "10. z... Comments on check stub )70 4031 822 8041 KEA61 0 187,075.23 A.D. 01-2 VOUCHER TOTAL $187,075.23 SECTION 72, PENAL CODE I Section 72, Presenting False Claims, Every person who with intent to defraud, ¡sents for allowance or for payment to any state board or officer, or any cdunty, 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:\Documents and Settings\psheats\My Documents\Accounts Payable\Assessment District pmts\06, 14,07 CASTLECOOKE2:35 PM