HomeMy WebLinkAboutPayment 01-2 Southern Oaks #3
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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
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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
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S:\PROJECTS\ASMTDIST\01-2\01-2reimb3,1.doc
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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
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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
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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
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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