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SDCo Escrow Disbursement Request 14 (2017-10-09)THE ROBERT GREEN C O M P A N Y October 9, 2017 Steve Howlett CITY OF LA QUINTA 78495 Calle Tampico La Quinta, CA 92253 via email SUBJECT: SILVERROCK GOLF COURSE REALIGNMENT PROJECT— Request #14 for Escrow Disbursement Dear Mr. Howlett, As required by PSDA Amendment #2 and the attendant "Golf Course Realignment Funds Disbursement Agreement" executed on May 10, 2017, SilverRock Development Company, LLC respectfully requests a disbursement from escrowed proceeds in the amount of $441,406.82. This request is to directly compensate Urban Habitat Environmental Landscape for work performed during the period of August 1-31, 2017, per the attached documentation. I have reviewed the application and concur that the work for which this application is made is complete. Please contact me with any questions, and thank you for your kind consideration. Sincerely, SilverRock Development Company, LLC A Delaware Limited Liability company By: RGC La Quinta LLC A Delaware Limited Liability company Its Managing member By: The Robert Green Company A California Corporation Its Managing member By: ` ' � _ Name: John Ga4tn Its: Project Executive, on behalf of Robert S. Green, President cc: Robert S. Green Ed Boyd Sonya Murillo Attachments; SilverRock Development Company Escrow Disbursement Request # 14 October 9, 2017 The undersigned, on behalf of SilverRock Development Company, LLC hereby requests a disbursement in the amount, and on the date, set forth, pursuant to Golf Course Realignment Funds Disbursement Agreement ("Agreement") dated May 18, 2017 between City of La Quinta ("City") and SilverRock Development Company, LLC ("Developer"). Total balance of available funds for disbursement: $877,079.28 Total amount requested for this disbursement: $441,406.82 Balance after this disbursement: $435,672.46 Disbursement instructions as follows: • Form of payment: Wire (instructions attached) • Amount: $441,406.82 • Payable to: Urban Habitat Environmental Landscapes PO Box 1177, La Quinta, CA 92247 Developer hereby represents and warrants to City that: 1. The requested disbursement shall be applied to pay costs in accordance with the itemized payment request attached. 2. All costs shown in prior Disbursement Requests are authorized in the Agreement, Developer has received valid conditional or unconditional lien releases or waivers from all contractors, subcontractors and materialmen with respect to all payments made for work and materials if the work or materials could give rise to a mechanic's or a materialmen's lien against the Property, and Developer has no knowledge of any mechanic's lien claims against the property. 3. The attached payment request is an accurate and complete statement of all amounts previously paid or now due and all amounts expected to be incurred in connection with the completion of the work. 4. All representations and warranties in the Agreement and the other agreements and/ or documents executed by Developer with respect to the Project are true and correct as of the date of this request as if made on as of the date of this request. No default by Developer remains uncured, and no event has occurred which, with the giving of notice or the passage of time or both, would constitute a default by Developer. Date: October 9, 2017 . Developer Designated Representative PAYMENT APPROVED: Steve Howlett, Facilities Director, City of La Quinta VITA IRaI0R IW.:l1iwIIIto]0141 In Reference To: SR/Golf Realignment Project/Escrow# 2500656A Entity: URBAN HABITAT ENVIRONMENTAL LANDSCAPE Bank Name: US Bank Routing Number: 122235821 Account Number: 153497609260 APPROVED BY JG - OK TO PAY - 10/09/2017 PAYMENT APPLICATION PROGRESS / RETENTION BILLING FROM: Urban Habitat Environmental Landscapes PO Box 1177 La Quinta, CA 92253 PHONE: 760-345-1101 FAX: 855-469-4224 Date: Application Number: Invoice Number: Project Name: Contract Number: Fed Tax ID: 82817 4r.1 3110 SilverK%c f Resort Golf Course Realignment 45-2405501 TO: SilverRock Development Company C/O The Robert Green Company 3551 Fortuna Ranch Road Encinitas, CA 92024 Type of work: Demolition, Grading, Landscape, Concrete and Irrigation This payment request covers the time period from 1-Aug-17 31-Aug-17 Contract summary: 1. Original Subcontract Amount $ 1,799,049.00 2. Approved Subcontract Changes $ 32,033.27 3. Total Revised Subcontract Amount (Line 1 + Line 2) $ 1,831,082.27 Pavment Application Summarv: 4. Value of Work Completed To Date: 89.92% $ $1,617,681.51 5. Value of Stored Materials: $ - 6. Total Completed and Stored to Date (Line 4 + Line 5): $ $1,617,681.51 7. Less Prior Completed and Stored to Date (Line 6 from previous application): <$ $1,127,229.49 > 8. Total Gross Earned This Month (Line 6 - Line 7): $ $490,452.02 9. Less Retention Of 10% <$ 49,045.20 > 10. Retention held on [his project now due % $ - 11. Amount of This Payment Application (Line 8 - Line 9+ Line 10): $ $441,406.82 $ Comments: PROJECT SllverRock Resort •Total APPLICATION NO 4r I COMPANY Llrban Nabrlal Environmental Landscapes APPLICATION DATE 8128i17 PERIOD 1'O: 8131,117 E A n C D I E I r G H I I 1IFMH DESCRIVIION OF WORK VALUE SCHEDULED TOTAL a BALANCE REIAINAGE EACH TOTAL FROM 1'911VRIUS TIIIS PPMIGd COMPLETED (0-E) TO FINISH 101/. VALUE. M1 mflti)s TO DA IIt (F-ID I Irrigation Material $ 127,812.00 $ 127,81200 S 83,152-II S - S 83,15211 65% S 44,659.89 S 8.315.21 2 Irrigation labor S 228,560.00 S 228,56000 S 193,176.10 S 7,000.00 S 200,17610 88% S 28,383,90 S 20,017.61 3 Landscape Material S 186,120.00 $ 186.12000 S 46,214.00 S 80,000.00 S 126,21400 68% S 59,906.GO S 12,621.40 4 Landscape Labor $ 227,320.00 $ 227,320.00 S 159,956.00 S 20,00000 S 179,95600 79% S 47,36400 $ 17,995.60 5 Equipment &Mobilization S 106,243.00 $ 106.24300 % 96,400.20 S 9,842.80 S 106,243.00 100% S - S 10,62430 6 Remove Can Path & Saw Cut S 29250.00 $ 29,25000 S 29,250.00 S - S 29,250 00 100% S - S 2,92500 7 Clear &Grub Shrubs S 9.320.00 S 8,32000 S 9,32000 S S 8,320.00 100"/o S - $ 83200 8 Site Excavation & Fill S 95,39600 S 95,39600 S 95,39600 S S 95,396.00 100% S S 9,539.60 9 Rough Shaping S 57,768 00 S 57,768 00 $ 57.768.00 S S 57,768.00 100% S - S 5,776.80 10 Fme Gmdc S 83.771 00 S 83,771 00 6 28,456 50 5 55,314 50 S 83,771 00 100"/. S S 8.377.10 11 Subgrade- Curl Path S 55,757 00 $ 55,757 00 S 55,571.10 S 18590 S 55,757.00 100% S S 5,57570 12 Shaping S 145,000,00 S 145,000010 S 145,000.00 S S 145,000.00 100°/r S - S 14,50000 13 Grassing S 252.41000 $ 252,410.00 $ 18,375.40 S 234.034.60 S 252,410.00 100% S S 25,241-00 14 Create New Carl Path S 170,231 00 S 170231 00 S 155,541.03 $ S 155,541.03 91 % $ 14.689 97 S 15,554.10 15 Monolithic Curb S 2,21200 S 2,21200 S 1,198.00 S S 1,19800 54% S 1,01400 $ 11980 16 Install New Drywell S 6,569 DO S 6,569,00 S - $ - S - 00/1 S 6.56900 S - 17 Signage S 12,22200 S 12,22200 S [2,22200 S S 12.22200 100% S - 1 1,22220 18 Mainlenance S 4.08800 S 4-0118-00 S - $ S - 0/q $ 406B 00 S - f GRAND TOT'ALN S 1.799.049.00 S1.79904M S 1-3359." S 4WJ72AO S I.SW74.14 11B,S19f $ 2a6.G7176 S 159.73 A2 { A b' CHANGE DE5CRIPHON OF WORK VALOEF.ACH SCITEDULED Wa1W. CORVLE7E12 TOTAL . BALANCE REPAINAGE ORDER VALUE FROM PREVIOUS TIUS PERIOD COMPI ETED (G-E) TO FINISH 10°.. NUMBER AKnJCATM 20DAIE IE-6) (E - G) 1 Remove additional Carl Path S. 6,702.30 S 6,70230 S 6.70230 S S 6,70230 100% $ - S 58830 2 Relocate 20 Palms & 14,000.00 $ 14.00000 $ 14,00000 S S 14,0DO GO 1001e $ S 1,40000 3 Remove Shaper from Scope of Work S (145,00000) S (145,00000) S (145,00000) S S (145,000-00) 1W0 S S (14,50000) 4 Shaper Equipment Allowance S 58,07709 S 5807709 $ 38.46678 S 19,61031 &: 58,07709 100% $ - 5 Sod Amendments S 33,15100 S 33,15100 S - S 26,425.00 $ 26,425.00 801/0 S 6,726.00 $ 2,64250 6 Delta 3 Concrete Changes S 39.285 97 S 39,285 97 S 39,295 97 S - S 39,285.97 100410 S - S 3,92960 7 Remove Signage Scope of Work S (12,22200) $ (12.22200) S (12,222.00) S S (12,22200) 1001/. S - S (122220) 8 Irrigation Scale Changes & 38,038 91 S 38,038 91 S - S 38,03891 S 38,038.91 100% S - $ 3,80389 9 Golf Feature Changes S S S - S - 0% S - 10 Palmsirrrees 11 12 I CIIASIM ORI]YR St IRTOTAL S 32.RS3.17 S MAW? S 158.766.931 S 84.074.22 S L4 M,27 IRO% S 6,726.M1 S �GAANIITW.fl ti I NIA 1 SIA11.081.171 S1.I17429.491 i490.4S2.021 SlAI7, ALS11 SRSS :I s2li 00.7SI SISSrl1'ul . URBAN Accounts Payable HABITAT a0 Box 1177 Quinta, CA Envirnnmcntal Landscape.; 92247 SilverRock Development Company, LLC c/o The Robert Green Company 3551 Fortuna Ranch Rd Encinitas, CA 92024 Projec Silver Rock Golf Realignment Silver Rock Golf Realignment Billing Period to: August 8/31/2017 Irrigation Labor Landscape Material Landscape Labor Equipment & Mobilization Fine Grade Subgrade - Cart Path Grassing Change Order #4 Shaper Equipment Allowance Change Order #5 Soil Amendments Change Order #8 Irrigation Scale Changes Less 10% Retention There will be a $35 charge for all returned checks. A 1.5% finance charge on past due balances. A 35% collections fee will be applied to those invoices that go to collections. For billing inquires, please call 760-345-1101 Invoice Date: 8/29/2017 Invoice # 3110 k10o Due Date Amount Total Balance Due 7,000.00 80, 000.00 20,000.00 9,842.80 55,314.50 185.90 234,034.60 406,377.80 19,610.31 26,425.00 38,038.91 84,074.22 -49,045.20 $441,406.82 $441406.82 I ■ UR N NEHARITAT Environmental Landscapes "Nature Is Work Force" CONDITIONAL WAIVER AND RELEASE ON PROGRESS PAYMENT (CA CIVIL CODE §8132) (1) NOTICE: THIS DOCUMENT WAIVES THE CLAIMANT'S LIEN, STOP PAYMENT NOTICE, AND PAYMENT BOND RIGHTS EFFECTIVE ON RECEIPT OF PAYMENT. A PERSON SHOULD NOT RELY ON THIS DOCUMENT UNLESS SATISFIED THAT THE CLAIMANT HAS RECEIVED PAYMENT. Identifying Information: Name of Claimant: Urban Habitat Environmental Landscapes Name of Customer: SilverRock Development Company, LLC Job Location: SilverRock Resort, 79179 Ahmanson Ln., La Quinta, CA 92253 Owner: SilverRock Development Company, LLC Through Date: August 31, 2017 Conditional Waiver and Release This document waives and releases lien, stop payment notice, and payment bond rights the claimant has for labor and service provided, and equipment and material delivered, to the customer on this job through the Through Date of this document. Rights based upon labor or service provided, or equipment or material delivered, pursuant to a written change order that has been fully executed by the parties prior to the date that this document is signed by the claimant, are waived and released by this document unless listed as an Exception below. This document is effective only on the claimant's receipt of payment from the financial institution on which the following check is drawn: Maker of Check: SilverRock Development Company, LLC Amount of Check: $441,406.82 Check Payable to: Urban Habitat Environmental Landscapes This document does not affect any of the following: (1) Retentions. (2) Extras for which the claimant has not received payment. (3) The following progress payments for which the claimant has previously given a conditional waiver and release but has not received payment: Date(s) of waiver and release: Amount(s) of unpaid progress payment(s): (4) Contract rights, including: (A) a right based on rescission, abandonment, or breach of contract, and (B) the right to recover compensation for work not compensated by the payment. SIGNATURE Claimant's Signatute,�0 Claimant's Title: of a&0 Date of Signature: _O&W LOQA )X) 17