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HomeMy WebLinkAboutPayment 02-1 Montara " _. ~ r-t '\ 4 . -- B A K .E R S FIE, L D PUBLIC WORKS DEPARTMENT MEMORANDUM TO: Sharon Traynor, Accounting Clerk II FROM: ~Marian P. Shaw, Civil Engineer IV DATE: April 6, 2006 SUBJECT: ASSESSMENT DISTRICT NO. 02-1 PAYMENT REQUEST ******************************************************************* ) 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. 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. 02-1, TractNo. 5829 Unit 3, Montara 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). $181,262.68 Send $181,262.68 to: Centex Homes 5601 Truxtun Avenue, Suite 225 Bakersfield, CA 93309 Attention: Russ Johnson xc: Nelson Smith, Finance Director Bob Sherfy, Deputy City Attorney \. \ ;' 02-lreimblmontaracentex.doc prepared Thursday, April 6. 2006 9:14AM \. Wilson & Associates 7600 North Ingram Avenue, Suite 202 Fresno, California 93711 (559) 436-6644 Fax: (559) 436-6646 March 3 1, 2006 29604-D John Stinson / Marian Shaw Public Works Department City of Bakersfield 1501 Truxtun Avenue Bakersfield, CA 9330] Re: City of Bakersfield Assessment District No. 02-1 - Montara Area Acquisition Payment No. I Processing Dear John and Marian: Wilson & Associates has finished our review process of the payment request for the approved improvements completed in the Montara Area of Assessment District No. 02-1 ("AD 02-1"), based on the payment request dated February 13,2006, and the updated information dated March 27,2006 (collectively, the "Application"), submitted by McIntosh & Associates on behalf of Centex Homes (the "Applicant"), This letter and recommendation for payment pertain to all Montara Area improvements, classified as the "Snow Road - South Side (Jewetta Avenue to West Boundary of Tract No. 5829 Unit No, 3)" improvements in the Application and in the Final Engineer's Report for AD 02-] (the "Engineer's Report"). \ ) After reviewing said Application, we have come to the below-described conclusions and recommendations regarding this Acquisition Payment No, 1 for said improvements in the Montara Area. Enclosed with this letter is a table entitled "Table 1, Itemized Improvements and Acquisition Costs Approved for Payment No.1 in Montara Area of City of Bakersfield Assessment District No. 02-1" ("Table 1") that presents a comparison ofthe cost of improvements to be acquired as they were estimated and shown on Exhibit B, Table B-II-D of the AD 02-1 Engineer's Report (which is the acquisition amount funded by the AD 02-1 proceedings) to the itemized amount paid by the Applicant for each item of work shown in the Application 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 02-1 Acquisition Price under this Payment No, 1 for the Montara Area. Also enclosed are: (i) a copy of the Applicant's "Application and Certificate for Payment" form, (ii) a copy of the City issued Notice of Completion for Tract No, 5829 Unit No.3, and (iii) a copy of the Commerce Title Insurance Company issued "Mechanic's Lien Guarantee" for Tract No. 5829 Unit No.3. John Stinson / Marian Shaw \ March 31, 2006 Page Two The total Acquisition Price recommended for payment to the Applicant for acquisition of all of the completed AD 02-1 Montara Area improvements per said Application is $181,262.68, all as itemized on the enclosed Table I and summarized below. The following is a recapitulation of funds recommended for payment under this Payment No, 1: AD 02-1 Amount Amount Approved Requested Approved for Improvement Acquisition Item Amount for Payment Payment No. 1 A. Snow Road - South Side Improvements a, Grading $ 9,908.00 $ 0.00 $ 0.00 b. Street Improvements $ 144,876.25 $ 165,224.85 $ 161,228.27 c. Utility Improvements $ 10,000,00 $ 0,00 $ 0,00 d. Subtotal Improvement Cost $ 164,784.25 $ 165,224,85 $ 161,228.27 e. Construction Contingency $ 16,478.43 $ 0.00 $ 0.00 '¡ } f Incidental Cost $ 0.00 $ 20,034.41 $ 20,034.41 g, Totals $ 181,262.68 $ 185,259.26 $ 181,262.68 B. Jewetta Avenue - West Side Improvements a. Grading $ 0.00 $ 0.00 $ 0.00 b, Street Improvements $ 0.00 $ 0.00 $ 0.00 c. Utility Improvements $ 0.00 $ 0.00 $ 0.00 d. Miscellaneous Improvements $ 0.00 $ " 0.00 $ 0.00 e. Landscaping Improvements $ 0.00 $ 0.00 $ 0.00 f Subtotal Improvement Cost $ 0.00 $ 0.00 $ 0.00 g. Construction Contingency $ 0.00 $ 0.00 $ 0.00 h. Incidental Cost $ 0,00 $ 0.00 $ 0.00 i. Totals $ 0,00 $ 0.00 $ 0.00 C. Total Montara Area Improvements $ 181,262.68 $ 185,259.26 $ 181,262.68 ) John Stinson / Marian Shaw March 3 1, 2006 Page Three As also described in notes on Table I, the above-summarized amounts are based on the following findings: 1. An item labeled "1" in the Table I notes column is the item funded in the AD 02-1 Engineer's Report which was constructed and billed together with other items, 2. Items labeled "2" in the Table 1 notes column are the items funded in the Final Engineer's Report for AD 02-1 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. 3, Items labeled "3" in the Table I notes column are the items which were approved in the AD 02-1 Final Engineer's Report scope of work, but which were not funded in the Final Engineer's Report for AD 02-1, These items are approved for payment at this time based on savings on other items originally approved for funding in the AD 02-1 Final Engineer's Report. 4, An item labeled "4" in the Table 1 notes column is the item approved for payment at this time at a lesser amount than requested (up to the maximum amount available per AD 02-1 Engineer's Report for payment of all completed improvements in the Montara Area). 5, Items labeled "5" in the Table 1 notes column are the items not approved for payment at this time, as there are no more funds available per AD 02-1 Engineer's Report for payment of all completed improvements in the Montara Area). Based on the findings described above, and in accordance with the Application, it is the recommendation of our analysis that $181,262.68 be paid and that a check for that amount be made payable to Centex Homes, as the payment pursuant to this Payment No. I request for all completed Tract No. 5829 Unit NO.3 improvements in the Montara Area of AD 02-1. 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 Enclosures cc: Russ Johnson I Bill Scroggins Judy Kindig / Roger McIntosh Terry Tucker I Rhonda Hill TABLE 1 ITEMIZED IMPROVEMENTS AND ACQUISITION COSTS APPROVED FOR PAYMENT NO, 1 IN MONTARA AREA OF CITY OF BAKERSFIELD ASSESSMENT DISTRICT NO. 02-1 ENGINEER'S REPORT ESTIMATE --------r---¡üNfff ____~CRIPTIOL________ q~ TOTAL A. SNOW ROAD - SOUTH SIDE (Jewetta Avenue to West Boundary of Tract No. 5829 Unit No.3) a, GRADING Roadway Excavation ,,__ _Un TOTAL GRADING-----'------ b.STREETIMPROVEMENTS AC Paving Aggregate Base Subgrade Preparation 6" Curb & Guller Curb & Guller grade & compaction Sidewalk Backfill behind curb, compact tor sidewalk Standard Street Sign Slreet Light - Mast Arm 22000 Street Light Boxes Saw cut Wheel Chair Ramp paveme~t Striping TOTAL STREET IMPROVEMENTS c. UTILITY IMPROVEMENTS Traffic Interconnect TOTALTjtlLlTY IMPROVEM~- ----- d. SUBTOTAL IMPROVEMENT COST e. CONSTRUCTION CONTINGENCY f, SUBTOTAL IMPROVEMENT COST AND CONTINGENCY g. INCIDENTAL COST Design Engineering -- ---'$0,00 I Improvement Bonds $0,001 Construction Staking $0,00 I Soils and Materials Testing and Report $0.00 I Contractor Supervision and Overhead/Conste. Administration $0.00, Plan Check Fees' $0,00 ! çonstæcºQDJ~ection Fe~____,,____ $0.00 I TOTAL INCIDENTAL COST $0.00 ' h, TOTAL SNOW ROAD IMPROVEMENTS, CONTINGENCY, AND INCIDENTALS $181,262.68 B. JEWETTA AVENUE - WEST SIDE (Snow Road Drive to South Boundary of Tract No. 5829 Unit No, 3) a. GRADING RoadwayExca.'!ation __ ________.. TOTAL GRADING b,STREETIMPROVEMENTS AC Paving Aggregate Base Subgrade Preparation 6" Curb & Guller Sidewalk Traffic Control Sign Street Light- Mast Arm 22000 _E,avem~~t §!riE!!:lL___,__________,__ TOTAL STREET IMPROVEMENTS c, UTILITY IMPROVEMENTS Traffic Interconnect TOTACOflLlTY IMPROVEMENTS-------- d, MISCELLANEOUS IMPROVEMENTS 6' Block Wall tOT ACMiSCELLANEO\JS-jMPROVEMENTS------' e. LANDSCAPING IMPROVEMENTS fron~ge Landscaping_ TOTAL LANDSCAPING IMPROVEMENTS f. SUBTOTAL IMPROVEMENT COST g, CONSTRUCTION CONTINGENCY h, SUBTOTAL IMPROVEMENT COST AND CONTINGENCY INCIDENTAL COST Design Engineering Improvement Bonds Construction Staking Soils and Materials Testing and Report Contractor Supervision and Overhead/Conste. Administration Plan Check and Inspection Fees Gonstru-"tion Inspection Fe,,-~ TOTAL INCIDENTAL COST J. TOTAL JEWETTA AVENUE IMPROVEMENTS, CONTINGENCY, AND INCIDENTALS C, TOTAL MONTARA AREA (TRACT NO. 5829 UNIT NO.3) IMPROVEMENT COST (Add Items A and B) a. IMPROVEMENTS b. CONTINGENCY c.INCIOENTALS TOTAL MÖNTARA AREA (TRACT NO. 5829 UNIT NO.3) IMPROVEMENT COST 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 Notes: 1. lIem funded in the Final Engineer's Report for AD 02-1 which was constructed and bílled together with other items, 2, lIems funded in the Final Engineer's Report for AD 02-1 for which no payment is requested at this time and for whIch no payment wíll be requested at a later date, as confirmed by McIntosh & Associates, Bakersfie/d, CalifornIa. 3. lIems approved in the AD 02-1 FInal Engineer's Report as part of the Montara Area scope of work, but which were not funded in the Final Engineer's Report for AD 02-1, These items are approved for payment at this time based on savings on oth!lr items originally approved for funding in the AD 02-1 Final Engineer's Report, 4, lIem approved tor payment at this time at a lesser amount than requested (up to the maximum amount available per the AD 02-1 Final Engineer's Report tor payment of all completed improvements in the Montara Area of AD 02-1). 5. Items not approved for payment at this time, as there are no more funds available per the AD 02-1 Final Engineer's Report for payment of all completed improvements in the Montara Area of AD 02-1, 2477 1674 1651 5405 1250 o 6250 ° 1 3 ° 1240 1 3350 CY-----.r.oo-~o-oJ C $9,908.00 TON CY SY LF LF SF SF EA EA EA LF EA LF 34.00-- 20.50 0,75 10.00 0.00 3,50 0.00 150.00 2200,00 0,00 1.40 500,00 2,00 $56,916.00 , $33,845.50 ¡ $4,053.75 i i $12,500.00 i ; $0.00: . I' $21,875,00 I 'I $0.00 $150.0011 $6,600,00 ! $0,001 i $1.736,00 II $500,00 ¡ ! $6,700.00! L $144,876.25 1250 8,00 LF $10,000,00 ¡ ¡ $10,000,06" --- $164,784.25 $16,478.43 $181,262.68 ° 4.00 ° ° o ° o ° o o ° CY $O,OOll $0.00 TON CY SY LF SF EA EA LF 34,00m 20.50 0.75 10.00 3.50 150.00 2200.00 2,00 - - $0.001 $0.001 i $0.0011 $0.00, ! $0.001 I $0,001, $0,001 I $0,00 I ~ $0.00 LF 8.00 ....-- $0,00-, i '----$0.00 ° LF 40,00 :-~oJ i $0,00 o SF $O,oQj L:::-- $0,00 $0.00 $0.00 $0.00 3.25 $0,00: ¡---- $0,001' $0,001 ! $O.OO! 1 $0,001 i $0,0011 $0.00 $0,00' $0.00 ) 29604-0.wK4 $164,784,25 $16,478.43 $0,00 $181,262,68 $181,262,68 $181,262,68 $0,00 O:¡¡O--$õ:Oðl L-~ 121 $0.00 $0.00 ! I 1573.3 TON 42,72 $67,216,79 $67,216,7911' I 1736 CY 23,03 $39,974,00 $39,974.00 I 4822 SY 0,99 $4,781,21 $4,781.21 2545 LF 6,20 $15,779.00 $15,779.00 2545 LF 1,00 $2,545,00 $1,542,62 13021 SF 1,65 $21,484.65 $21,484,65 13021 SF 0,20 $2,604.20 $0,00 1 EA 250,00 $250,00 $250.00 6 EA 1700,00 $10,200.00 $10,200.00 6 EA 65,00 $390.00 $0,00 ° LF 0.00 $0,00 $0.00 included with "Sidewalk" above included above o LF 0,00 $0,00 $0,00 $165,224,85 $161,228,27 o CY ° _~I $0,00 $165,224.85 $0,00 $165,224.85 LF 0.00 8,104.4 $0,00 $6,966.00 $0,00 $0,00 $2,437.18 $2,526,76 $20,034.41 $185,259,26 "$Q.õðll $0,00 ° CY 0,00 ° o ° o ° o o o TON CY SY LF SF EA EA LF 0,00 0,00 0,00 0,00 0,00 0,00 0,00 0,00 $0,00 $0,00 $0.00 $0,00 $0,00 $0,00 $0,00 $0.00 $0.00 ° ~I $0,00 LF 0,00 o _~I $0,00 LF 0,00 ° $0.0011 $0.00 $0.00 $0,00 $0,00 SF 0.00 ,00 $0,00 $0.00 $0.00 $0,00 $0,00 $0.00 $0,00 $0,00 $165,224,85 $0.00 $20,034.41 $185,259.26 $0.001 $0.00 I $161,228,27 $0.00 I $161,228,27 $8,104.47 $0.00 $6,966,00 $0.00 $0.00 $2,437,18 $2,526,76 $20,034.41 $181,262.68 ..JQRQJ $0,00 $0,00 $0,00 $0,00 $161,228.27 $0,00 $20,034.41 $181,262,68 4 5 5 2 1 2 2 3 3 3 3 $0,001 $0.00 $0,00 $0.00 $0,00 $0,00 $0,00 $0,00 $0,00 $0.00 $-0.00 $0,001 $0,00 $0...QQj $0,00 0,0 $0.00 $0,00 $0.00 $0,00 $0,00 $0,00 $0,00 $0,00 I i I I . U 03/3112006 TO: (OWNER) (Send check) A'ITENTION: EXHIBIT "A" APPLICATION AND CERTIFICATE FOR PAYMENT Centex Homes Attn: Terry Tucker 1840 So. Central Visalia, CA 93277 Marian Shaw City of Bakersfield 1501 Truxtun Avenue Bakersfield. CA 93301 PROJECr: Assessment District 02-1 Belsera Area (Tract No. 5831 Unit No.4) Montara Area (1'ract No. 5829 Unit No.3) PROCESS DATE: 2/8/06 CONTRACTOR: Centex Homes Central Valley Division 1840 So. Central Visalia. CA 93277 OWNER'S APPLICATION FOR PAYMENT PROJECr NO: 04-08 (1) In accordance with the Acquisition Agreement, application for Payment is made for the following items of work: Per Exhibit B, Table B-n-C BELSERA AREA IMPROVEMENTS TO BE AQUlRED A. OLIVE DRIVE - SOUTH SIDE (OLD FARM ROAD TO WEST BOUNDARY OF TRACT ~O. 5831 UNIT NO.4) a. b. c. GRADING STREET IMPROVEMENTS UTILITY IMPROVEMENTS $11,000.00 $163,295.49 m.oo Subtotal Frontage Improvement Costs Per Exhibit B, Table B-n-D e. g. h. CONSTRUCTION CONTINGENCY INCIDENTAL COSTS Total Olive Drive Improvements, Contingency and Incidentals $174,295.49 $00.00 $17.842.93 $192,138.42 MONTARA AREA IMPROWMENTS TO BE AQUlRED A. SNOW ROAD - SOUTH SIDE (JEWETTA AVENUE TO WEST BOUNDARY OF TRACT NO. 5829 UNIT NO.3) a. b. c. GRADING STREET IMPROVEMENTS UTILITY IMPROVEMENTS $00.00 $165,224.85 $00.00 Subtotal Frontage Improvement Costs e. g. h. CONSTRUCTION CONTINGENCY INCIDENTAL COSTS Total Snow Road Improvements, Contingency and Incidentals $165,224.85 $00.00 $20.034.41 $185,259.26 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 ~ru[PJ~ç ~\.::":? ~V '-' =================~====================================== ENGINEER'S CERTIFICATE FOR PAYMENT In accordance with the Contract observations and the data compri . The Engineer certifies to the progressed to the point indica . knowledge. information and is in accordance with the Con Contractor is entitled to paym , 397 .68 from the · '/~"O(,. Date: v 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 tract OWNER'S CERTIFICATION Centex Homes 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. I ") RUSS JOHNSON DIRECTOR OF LANDIKERN CO. " ~(Q)[PW PLEASE COMPLETE THIS INFORMATION James W. Fitch ASSeSSOr-KeCoroer Kern County ORlelal Records Record" al tie reqbesl of Public Þoc#: 0205027359 1111.11 Dunn 210312005 - 11:33 AM RECORDING REQUESTED BY and for the benefit of the CITY OF BAKERSFIELD WHEN RECORDED MAIL TO: CITY OF BAKERSFIELD CITY CLERK 1501 TRUXTUN AVENUE BAKERSFIELD, CA 93301 F_ Taxes Others PAID Pages: 1 0.00 0.00 O.OD So.oO Stat Typet: 1 -.......F..-..V.._ NOTICE OF COMPLETION AND ACCEPTANCE OF WORK (Work Within Public Right-of-Way) NOTICE IS GIVEN that work was completed on that certain P-toject known as TRACT 5829 UNIT 3.1 for the undersigned agenc~ on JUNE 10. 2004, located SOUTH OF SNOW ROAD AND WEST Or JEWETTA AVENEW. and that said project was accepted by this agency on FEBRUARY 1. 2005. TIle undersigñed 8gençy own, the following Interest in said property described above: right-of-way and public Improvements Within the nght-of~way. The ContradorlDeveloÞ8J' on said pr:oject was CENTEX HOMES. and contract number is City of Bakersfield Contract No. 02-223. Please refer to said contract number on all communications relatil1g to said contract. The address of the Undersigned agency is City Hall, 1501 Truxtun Avenue, Bakersfield, California 93301. , . declare under penalty of øetjury, under the laws of the State of California, that the contents herein are true and correct to the best of my knowledge. Executed on February 1, 2005, at Bakersfield. California.. .~ R£' M. Ho:iÃ5 Public Works Director By G:\GROUPDA TIConslfUction\N0C\2005\TR 5829-3.doc ~(Q)GºJW GUARANTEE UABIUlY: FEE: $1,000.00 $75.00 ORDER NO.: 391632 YOUR REF: Commerce Title Insurance Company 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. UABIUlY EXCLUSIONS AND UMITATIONS 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 effect or 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 assurances herein set forth, but in no event shall the Company's Jiability exceed the liability amount set forth above. Please note carefully the liability exdusions and limitations and the speåfìc assurances afforded by this guarantee. 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. Dated: December 20, 2005 at 7:30 A.M. " ~(Q)[PW SCHEDULE A MECHANIC'S UEN GUARANTEE \ Order No.: 391632 Uabillty: $1,000.00 Fee: $75.00 Guarantee No.: CA-391632 1. Name of Assured: Oty of Bakersfield 2. Date of Guarantee: December 20, 2005 The assurances referred to on the face page hereof are: That, according to those public records which Impart constructive notice of matters relating to the title to the real property described herein, there are no Notices of Completion Notices of Cessation of Labor Notices of Non-Responsibility Oalms of statuatory liens for labor or materials (other than such Oalms for which a release appears in said records), or Notices of the pendency of actions to foreclose such liens, recorded subsequent to September 21, 2005, which purport to affect said real property, other than those shown below under exceptions. The real property referred to in this guarantee Is described as follows: Real property In the County of Kern, State of California, described as follows: All that portion of Tract 5829, Unit 3, as filed in Book 48 of Maps at Pages 151-153 In the office of the Kern County Recorder and also being in the Northeast quarter of SectIon 12, Township 29 South, Range 26 East, M.D.M., In the Oty of Bakersfield, County of Kern, State of California, described as follows: Beginning at the centerline Intersection of Snow Road and Jewetta Avenue marked by a concrete monument with a copper plate In a lamphole stamped for section comer; thence along the following nine (9) courses: ) 1) South 00 deg. 49' 45" West along the centerline of Jewetta Avenue, a distance of 90.13 feet; thence 2) Departing said centerline, North 89 deg. 10' 15" West, a distance of 60.00 feet to the Southerly right-Of-way of Snow Road; thence 3) Along said right-Of-way, North 44 deg. 14107" West, a distance of 28.25 feet; thence, 4) Continuing along said right-of-way line, North 89 deg. 17' 53" West, a distance of 190.00 feet; thence 5) Continuing along said right-of-way line, North 84 deg. 32" 01" West, a distance of 120.39 feet; thence 6) Continuing along said right-of-way line, North 88 deg. 25' 48" West, a distance of 330.03 feet; thence 7) Continuing along said right-Of-way line, North 89 deg. 171 53" West, a distance of 565.91 feet to a point on the West boundary of said Tract; thence 8) Departing said right-of-way line, North 00 deg. 41' 38" East along said West boundary, a ~(Q)(}2>W distance of 55.00 feet to a point on the centerline of Snow Road; thence 9) South 89 deg. 17' 53" East along said centerline, a distance of 1286.04 feet to the point of beginning. Containing 1.80 acres, more or less. APN: EXCEPTIONS: The map attached, if any, mayor may not be a survey of the land depicted hereon. Commerce lltle Company expressly disclaims any liability for loss or damage which may result from reliance on this map except to the extent coverage for such loss or damage is expressly provided by the terms and provisions of the title insurance policy, If any, to which this map is attached. '- ~(Q)[PW