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HomeMy WebLinkAboutPayment 01-2 Southern Oaks #3 '~ T '; " ,4 . - /~') B A K E R SF I E L 0 PUBLIC WORKS DEPARTMENT MEMORANDUM TO: Paul Sheats, Accountant I FROM:~arian P.Shaw, Civil Engineer IV DATE: June 14,2007 SUBJECT: ASSESSMENT DISTRICT NO. 01-2 PAYMENT REQUEST Southern Oaks Area Acquisition Payment Processing No.3 ******************************************************************* 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. Contracts, change orders, paid invoices ànd 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. The Notice of Completion and Acceptance of Work from the City of Bakersfield and Castle & Cooke California, Inc. and the City a Mechanics lien free endorsement as per the requirements of the Acquisition Agreement were submitted with Acquisition Payment Processing No.2. 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 $72,926.77 to: Castle & Cooke California Inc. 10000 Stockdale Hwy, Suite 300 Bakersfield, CA 93311 xc: Nelson Smithf Finance Director Bob Sherfy, Deputy City Attorney ,) S:\PROJECTS\ASMTDIST\01-2\01-2reimb3,1.doc " , , 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 TruxtunAvenue Bakersfield, CA 93301 Re: City of Bakersfield Assessment District No. 01-2; Southern Oaks Area Acquisition Payment Processing No.3 Dear John and Marian: As stated in our transmittal dated June 1, 2007, pertaining to Payment No.2 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"), there is $72,926. 707 left in the improvementfundfor the Southern Oaks Area of AD 01-2, based on the savings 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 are now used to pav 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 (in September/Octob.er of2006 based on Volume III of the Applicant's payment request dated September 8,2006, and updates received through September 25,2006 (collectively, the "Application No.1")). 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. This letter and recommendation for payment pertain to all improvements in the Southern Oaks Area (described in Items A, B, C, and D in Exhibit B, Table B-II-F of the Final Engineer's Report for AD 01-2). The Applicant has confirmed that no new payment requests will be submitted for any other improvements in the Southern Oaks Area. After reviewing said Application No.1 and 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. 3 in Southern Oaks Area, City of Bakersfield Assessment District No. 0 1-2" ("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-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. 1 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. 3 for the Southern Oaks Area. Copies of the following documents were ,enclosed with our transmittal pertaining to Payment No.1, dated September 27,2006, and are not attached at )this time: (i) a copy of the Applicant's "Application and Certificate for Payment" form, (ii) a copy of Ticor Title "Mechanic's Lien Guarantee," (Hi) copies of City-issued Notices of Completion for Phases A through E of Tract No. 5940, and (iv) copies of City-issued Notices of Completion for Landscaping improvements for Phases A, B, and C of Tract No. 5940. I¡ l. John Stinson / Marian Shaw June 1,2007 ~age Two The total additional 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.1 and this Payment No.3 is $72,926.77, 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.3: AD 01-2 Amount Amount Paid Amount Paid Amount Approved Requested Pursuant to Pursuant to Approved for Improvement Acquisition Item Amount for Pavment Paymnt No.1 Paymnt No.2 Payment No.3 A. CAMPUS PARK DRIVE (Tract No. 5940 - Phases A and B Frontage) I. Frontage Improvements - Other than Landscaping 1. Grading $ 6,435.00 $ 28,856.74 $ 8,509.57 $ 0.00 $ 20,347.17 2. Street Improvements $ 164,822.00 $ 142,955.36 $ 142,955.36 $ 0.00$ 0.00 3. Miscellaneous Imp. $ 121,280.00 $ 194,888.82 $ 180,873.82 $ 0.00$ 0.00 4. Contingency $ 29,254.00 $ 0.00 $ 0.00$ 0.00$ 0.00 5. Incidentals $ 79.125.00 $ 94.318.62 $ 77.516.71 $ 0.00$ 9.973.87 6. Subtotal $ 400,916.00 $ 461,019.54 $ 409,855.46 $ 0.00$ 30,321.04 ) II. Frontage Improvements - Landscaping 1. Landscaping Impr. $ 52,830.00 $ 98,531.06 $ 59,798.58 $ 0.00$ 38,732.48 2. Contingency $ 5,283.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 3. Incidentals $ 14.765.00 $ 16.952.67 $ 13.079.42 $ 0.00$ I 3.873.25 4. Subtotal $ 72,878.00 $ 115,483.73 $ 72,878.00 $ 0.00$ 42,605.73 III. Total Campus Park Dr. Impr. $ 473,794.00 $ 576,503.27 $ 482,733.46 $ 0.00 $ 72,926.77 B. MOUNTAIN VISTA DRIVE (Tract No. 5940 - Phase B Frontage) I. Frontage Improvements - Other than Landscaping 1. Grading $ 2,205.00 $ 1,321.92 $ 1,321.92 $ 0.00 $ 0.00 2. Storm Drain Impr. $ 29,430.00 $ 51,499.37 $ 51,499.37 $ 0.00$ 0.00 3. Water Improvements $ 21,280.00 $ 29,939.00 $ 29,939.00 $ 0.00$ 0.00 4. Street Improvements $ 104,962.00 $ 66,793.77 $ 66,793.77 $ 0.00$ 0.00 5. Miscellaneous Impr. $ 80,960.00 $ 77,732.11 $ 66,017.11 $ 0.00$ 0.00 6. Contingency $ 23,884.00 $ 0.00$ 0.00$ 0.00$ 0.00 7. Incidentals $ 69.927.00 $ 84.786.62 $ 83.615.12 $ 0.00 $ 0.00 8. Subtotal $ 332,648.00 $ 312,072.79 $ 299,186.29 $ 0.00 $ 0.00 II. Frontage Improvements - Landscaping 1. Landscaping Impr. $ 22,860.00 $ 48,475.94 $ 48,475.94 $ 0.00$ 0.00 2. Contingency $ 2,286.00 $ 0.00$ 0.00$ 0.00$ 0.00 3. Incidentals $ 6.905.00 $ 8.316.65 $ 8.316.65 $ 0.00$ 0.00 4. Subtotal $ 32,051.00 $ 56,792.59 $ 56,792.59 $ 0.00$ 0.00 III. Total Mount. Vista Dr. Impr. $ 364,699.00 $ 368,865.38 $ 355,978.88 $ 0.00 $ 0.00 John Stinson / Marian Shaw June 1, 2007 ~age Three ¡ 'I AD 01-2 Approved Amount Amount Paid Amount Paid Amount Pursuant to Pursuant to Approved for Paymnt No.1 Paymnt No.2 Payment No.3 Improvement Acquisition Item Amount Requested for Payment C. OLD RIVER ROAD (Tract No. 5940 Frontage) I. Frontage Improvements - Other than Landscaping 1. Grading $ 4,458.00 $ 4,457.00 $ 0.00$ 4,457.00 $ 0.00 2. Street Improvements $ 102,142.00 $ 103,494.76 $ 0.00$ 103,494.76 $ 0.00 3. Miscellaneous Imp. $ 41,580.00 $ 32,810.18 $ 0.00$ 32,810.18 $ 0.00 4. Contingency $ 14,818.00 $ 0.00$ 0.00$ 0.00 $ 0.00 5. Incidentals $ 40.656.00 $ 46.313.29 $ 0.00$ 46.313.29 $ 0.00 6. Subtotal $ 203,654.00 $ 187,075.23 $ 0.00$ 187,075.23 $ 0;00 II. Frontage Improvements - Landscaping 0.00$ 1. Landscaping Impr. $ 40,824.00 $ 0.00$ 0.00$ 0.00 2. Contingency $ 4,082.00 $ 0.00 $ 0.00$ 0.00 $ 0.00 3. Incidentals $ 11.442.00 $ 0.00$ 0.00$ 0.00$ 0.00 4. Subtotal $ 56,348.00 $ 0.00 $ 0.00$ 0.00 $ 0.00 III. Total Old River Road. Impr. $ 260,002.00 $ 187,075.23 $ 0.00 $ 187,075.23 $ 0.00 O. TRACT NO. 5940 ON-SITE IMPROVEMENTS \ ) 1. Storm Drain Impr. $ 81,292.00 $ 95,020.00 $ 95,020.00 $ 0.00 $ 0.00 2. Contingency $ 8,129.00 $ 0.00 $ 0.00$ 0.00 $ 0.00 3. Incidentals $ 24.378.00 $ 18.559.66 $ 18.559.66 $ 0.00$ 0.00 4. Total TR 5940 On-site 1m. $ 113,799.00 $ 113,579.66 $ 113,579.66 $ 0.00 $ 0.00 TOTALS $1,212,294.00 $1,246,023.54 $ 952,292.00 $ 187,075.23 $ 72,926.77 As also described in the notes on page 4 of Table 1, the above-summarized amounts are based on the following findings: 1. 2. ) ) 3. Items labeled "2" 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 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. Items labeled "3" 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 listed in the AD 01-2 Final Engineer's Report, Exhibit B, Table B-II-F pertaining to the Southern Oaks Area), or not approved for payment at this time, since there are no more originally approved funds available in the Improvement Fund for the AD 01-2 Southern Oaks Area. Items labeled "5" in Table 1 "Notes" column are the "Contractor Overhead" items that have been recalculated to match 10% of the total Improvement Cost and Contingency of the items approved for payment at this time (in the same manner as calculated in the Final Engineer's Report for AD 01-2). John Stinson / Marian Shaw June 1,2007 ~age Four I Based on the findings described above and in accordance with the Application No. 1 and Application No.2, it is the recommendation of our analysis that $72,926.77 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.3 request for the completed improvements in the Southern Oaks Area of AD 01-2. Once this Payment No.3 is finalized there will be no more originally approvedfunds in the Improvement Fundfor the Southern Oaks Area of AD 01-2. Please call if you have any questions on the results of our analysis or the recommendations presented herein for payment of the Acquisition Price. Sincerely ~\JJ~ ~ Ed Wilson Dejan Pavi~ Wilson & Associates Enclosure cc: Scott Blunck ) Judy Kindig / Roger McIntosh Charlie Stevens Laura Whitaker ) , , CITY OF BAKERSFIELD CLAIM VOUCHER t>ð uTl*~ ~6 al:/; 3 A.o 0/ -2 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, INC. ATTN: LAURA WHITAKER 10000 STOCKDALE HWY., SUITE 300 BAKERSFIELD, CA 93311 (AUTHORIZED SIGNATURE OF CITY AGENCY) Date:¿_IIf-()1 ~ ~ 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.3 Fund Dept. Base Ell Objt Project # Invoice Number Amount Comments on check stub 10 4031 822 8041 KEA61 0 72,926.77 A.D. 01-2 VOUCHER TOTAL $72,926.77 SECTION 72, PENAL CODE Section 72, Presenting'False Claims. Every person who with intent to defraud, "ents for allowance or for payment to any state board or officer, or any lMJ~ty, 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 Sellings\psheats\My Documents\Accounts Payable\Assessment District pmts\06, 14,07 CASTLECOOKE22:35 PM